HomeMy WebLinkAboutInvitation for BidCity of } is
Invitation for Bid (IFB)
Purchasing Department
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
IFB Number:
Title:
Issue Date/Time:
IFB Closing Date/Time:
Pre -Bid Conference:
Pre -Bid Date/Time:
274253,4
Invitation for Bid for Emergency Debris
Removal and Disposal Services
22-AUG-2011
01-SEP-2011 @ 12:00:00
None
Pre -Bid Location:
Deadline for Request for Clarification:
Buyer:
Hard Copy Submittal Location:
Buyer E-Mail Address:
Buyer Facsimile:
Monday, August 8, 2011 at 5:00 PM
Calderon, Yadissa
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
ycalderon@ci.miami.fl.us
Page 1 of 51
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should .be.firm for a
minimum of 180 days following -the time set for closing of the submissions.
In the event of en -ors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLIER NAME.
ADDRESS•
PHONE: FAX.
EMAIL: BEEPER -
SIGNED BY-
TITLE: DATE.
FAILURE TO COMPLETE. SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS BID. --
Page 2 of 51
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Occupational License Number:
Occupational License Issuing Agency:
Occupational License Expiration Date:
Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No.
10032 (Section 18-110 of the City Code) pertaining to the implementation of a "First Source Hiring
Agreement ": (Yes or No)
Do you expect to create new positions in your company in the event your company was awarded a
Contract by the City? (Yes or No)
In the event your answer to question above is yes, how many new positions would you create to
perform this work?
Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration
of all new positions which might be created as a result of this award of a Contract.
Will Subcontractor(s) be used? (Yes or No)
Page 3 of 51
If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will
be responsible for under this contract (a copy of their license(s) must be submitted with your bid
response):
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert
N/A.
Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 1: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1
Reference No. 1: Date of Contract or Sale for above reference no. 1
Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 2: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2
Reference No. 2: Date of Contract or Sale for above reference no. 2
Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 3: Address, City, State, and Zip for above reference .company/agency listed:
Page 4 of 51
Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3
Reference No. 3: Date of Contract or Sale for above reference no. 3
Location of permanent dumpsite(s):
Page 5 of 51
Line: 1
Description: Emergency road clearance
Category: 98800-00
Unit of Measure: Hour
Unit Price: $
Line: 2
Number of Units: 70 Total: $
Description: Removing debris from public property and rights -of -way and hauling to Temporary
Debris Storage and Reduction Site.
Category: 98800-00
Unit of Measure: Cubic Yard
Unit Price: $
Line: 3
Number of Units: 350,000 Total: $
Description: Removing debris from private property and hauling to Temporary Debris Storage
and Reduction Site.
Category: 98800-00
Unit of Measure: Cubic Yard
Unit Price: $
Line: 4
Number of Units: 350,000 Total: $
Description: Mobilization and Demobilization
Category: 98800-00
Unit of Measure: Dollar
Unit Price: $
Line: 5
Number of Units: 1 Total: $
Page 6 of 51
Description: Debris sorting, grinding, chipping, mulching and reduction of debris at Temporary
Debris Storage and Reduction Site based on cubic yards hauled in.
Category: 98800-00
Unit of Measure: Cubic Yard
Unit Price: $
Line: 6
Number of Units: 700,000 Total: $
Description: Hauling chipped debris to Final Disposal Site, based on cubic yards of reduced
amount hauled in.
Category: 98800-00
Unit of Measure: Cubic Yard
Unit Price: $
Line: 7
Number of Units: 200,000 Total: $
Description: Picking up and hauling of non -vegetative and C&D (Non -Burnable) debris to
Disposal Site.
Category: 98800-00
Unit of Measure: Cubic Yard
Unit Price: $
Line: 8
Number of Units: 100,000 Total: $
Description: Picking up and hauling of vegetative (Burnable) debris to Disposal Site.
Category: 98800-00
Unit of Measure: Cubic Yard
Unit Price: $ Number of Units: 600,000
Line: 9
Total: $
Page 7 of 51
Description: Management of Temporary Debris Storage and Reduction Site (Site Reclamation)
based on cubic yards hauled in.
Category: 98800-00
Unit of Measure: Cubic Yard
Unit Price: $
Line: 10
Number of Units: 700,000 Total: $
Description: Removing hanging limbs, tree hangers, and broken limbs per tree regardless of the
number of hangers and limbs removed (up to a height of 65 feet)(Prices shall be provided on a
cradle to grave basis, which is one price for removal through disposal at final destination.)
Category: 98800-00
Unit of Measure: Each
Unit Price: $
Line: 11
Number of Units: 1'00 Total: $
Description: Removal of Trees up to, but less than 6 inches in diameter(Prices shall be provided
on a cradle to grave basis, which is one price for removal through disposal at final destination.)
Category: 98800-00
Unit of Measure: Each
Unit Price: $
Line: 12
Number of Units: 25 Total: $
Description: Removal of Trees 6 inches in diameter and up, but less than 12 inches(Prices shall be
provided on a cradle to grave basis, which is one price for removal through disposal at final
destination.)
Category: 98800-00
Unit of Measure: Each
UnifPrice:`$ Number of Units: 25 Total: $
Page 8 of 51
Line: 13
Description: Removal of Trees 12 inches in diameter and up, but less than 24 inches (Prices shall
be provided on a cradle to grave basis, which is one price for removal through disposal at final
destination.)
Category: 98800-00
Unit of Measure: Each
Unit Price: $
Line: 14
Number of Units: 25 Total: $
Description: Removal of Trees 24 inches in diameter and up, but less than 48 inches (Prices shall
be provided on a cradle to grave basis, which is one price for removal through disposal at final
destination.)
Category: 98800-00
Unit of Measure: Each
Unit Price: $
Line: 15
Number of Units: 20 Total: $
Description: Removal of Trees equal to or greater than 48 inches in diameter(Prices shall be
provided on a cradle to grave basis, which is one price for removal through disposal at final
destination.)
Category: 98800-00
Unit of Measure: Each
Unit Price: $
Line: 16
Number of Units: 10 Total: $
Description: Removal of Hazardous Stumps- 25 inches in diameter, but less than 36 inches in
diameter
Category: 98809-00
Unit of Measure: Each
Page 9 of 51
Unit Price: $ Number of Units: 10 Total: $
0
Line: 17
Description: Removal of Hazardous Stumps- 37 inches in diameter, but less than 49 inches in
diameter
Category: 98800-00
Unit of Measure: Each
Unit Price: $
Line: 18
Number of Units: 10 Total: $
Description: Removal of Hazardous Stumps- equal to or greater than 49 inches in diameter
Category: 98800-00
Unit of Measure: Each
Unit Price: $
Number of Units: 10 Total: $
Line: 25
Description: Sand screening at Temporary Debris Storage and Reduction Site based on cubic
yards hauled in.
Category: 98800-00
Unit of Measure: Cubic Yard
Unit Price: $
Line: 26
Number of Units: 50,000 Total: $
Description: Addtional cost for EWaste handling
Category: 98800-00
Unit of Measure: Cubic Yard
Page 10 of 51
Unit Price: $ Number of Units: 50,000 Total: $
Line: 27
Description: Addtional cost for. EWaste handling
Category: 98800-00
Unit of Measure: Ton
Unit Price: $
Number of Units: 12,500 Total: $
Page 11 of 51
Invitation for Bid (IFB) 274253,4
Table of Contents
Terms and Conditions 13
1. General Conditions 13
1.1. GENERAL TERMS AND CONDITIONS 13
2. Special Conditions 31
2.1. PURPOSE 31
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 31
2.3. PRE-BID/PRE-PROPOSAL CONFERENCE 31
2.4. TERM OF CONTRACT 31
2.5. CONDITIONS FOR RENEWAL 31
2.6. FIXED AND FIRM CONTRACT 31
2.7. EQUITABLE ADJUSTMENT 31
2.8. CONSUMER PRICE INDEX- (CPI FOR FUEL) 32
2.9. NON -APPROPRIATION OF FUNDS 32
2.10. METHOD OF AWARD 32
2.11. PRIMARY CLIENT (FIRST PRIORITY) SCHEDULE CONFLICT DUE TO VARIOUS
AREAS IMPACTED 32
2.12. BIDDER'S MINIMUM QUALIFICATIONS 32
2.13. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS 33
2.14. SUBCONTRACTOR(S) OF WORK SHALL BE IDENTIFIED 33
2.15. WORK ASSIGNMENTS, CITY'S RIGHT TO ADD ADDITIONAL CONTRACTOR(S),
OR HAVE CONTRACTOR(S) ADD ADDITIONAL SUBCONTRACTOR(S) 34
2.16. INSURANCE REQUIREMENTS 34
2.17. TIE BIDS 36
2.18. PERFORMANCE AND PAYMENT BOND 36
2.19. PERFORMANCE AND PAYMENT BOND AMOUNT BASED ON U.S. ARMY CORPS
OF ENGINEERS HURRICANE DEBRIS ESTIMATING MODEL 37
2.20. FAILURE TO PERFORM 37
2.21. NON -APPROPRIATION OF FUNDS 37
2.22. CONTRACTOR'S EMPLOYEES AND ITS SUBCONTRACTOR'S EMPLOYEES ARE
SOLE RESPONSIBILITY OF CONTRACTOR AND NOT EMPLOYEE AGENTS CITY 37
2.23. SUBCONTRACTOR'S AND SUBCONTRACTOR'S ACTS AND OMISSIONS 37
2.24. COMPLIANCE WITH FEDERAL STANDARDS 38
2.25. FEDERALLY FUNDED PROJECTS CONTRACT PROVISIONS 38
2.26. DUMPING/TIPPING FEES 38
2.27. COMPLETED WORK 38
2.28. CONTRACT ADMINISTRATOR 38
2.29. SUPERVISION 38
2.30. USE OF PREMISES 38
2.31. DAMAGES TO PUBLIC/PRIVATE PROPERTY 39
2.32. REFERENCES 39
2.33. COMPLETE PROJECT REQUIRED 39
2.34. CONTRACTOR TO BE REPRESENTED 39
2.35. SPECIFICATION EXCEPTIONS 39
2.36. PUBLIC CONVENIENCE AND SAFETY 39
2.37. ADDITIONS/DELETIONS OF SERVICE REQUIRED 40
2.38. AVAILABILITY OF CONTRACT TO OTHER MUNICIPALITIES/DADE COUNTY
40
2.39. SAFETY MEASURES 40
2.40. TERMINATION 40
2.41. ADDITIONAL TERMS AND CONDITIONS 41
3. Specifications 42
3.1. PURPOSE 42
Page 12 of 51
Invitation for Bid (IFB) 274253,4
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of
goods/equipment/services with an estimated aggregate cost of $25,000.00 or more.
Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals,
Request for Qualifications, or Request for Letters of Interest pursuant to the City of
Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be
defined in the same manner herein.
1.1. ACCEPTANCE OF .GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this
formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and
actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with
the terms herein and be fully in accordance with specifications and of the highest quality. In the event the
goods/equipment supplied to the City are found to be defective or does not conform to specifications, the
City reserves the right to cancel the order upon written notice to the Contractor and return the product to the
Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall
be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon
issuance by the City of a purchase order.
1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or
parts of after opening/closing date and request re -issuance on the goods/services described in the formal
solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected
bidders/proposers and make available a written explanation for the rejection. The City also reserves the
right to reject the response of any bidder/proposer who has previously failed to properly perform under the
terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a
position to perform the requirements defined in this formal solicitation. The City further reserves the right
to Waive any irregularities or minor informalities or technicalities in any or all responses 'and may, at its
discretion, re -issue this formal solicitation.
1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are
available at the City's website at: http://www.ci.miami.fl.us!procurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate
response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate
response offers a different product that meets or exceeds the formal solicitation requirements. In order for
the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form
and shall mark "Alternate Response". Altemate response shall be placed in the same response. This
provision only applies to formal solicitations for the procurement of goods, services, items, equipment,
materials, and/or supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise
dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's
prior written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this
Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through
and including appellate litigation and any post judgment proceedings.
1.8. AUDIT RIGHTS AND, RECORDS RETENTION - The Successful Bidder/Proposer agrees to
provide access at all reasonable times to the City, or to any of,its,duly authorized, re presentatives,,,to any
books, documents, -papers, and records of Contractor which are directly pertinent to this formal solicitation,
for the purpose of audit, examination, .excerpts, and transcriptions. The Successful Bidder/Proposer shall
maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for
Page 13 of 51
Invitation for Bid (IFB) 274253,4
three (3) years after the City makes final payment and all other pending matters are closed. Contractor's
failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract
by the City.
1.9. AVAILABILITY OF•CONTRACT , STATE-WIDE - Any Governtnental, not -for -profit or
quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s)
established herein, when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and
resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its
own purchase orders, be invoiced there from and make its own payments, determine shipping terms and
issue its own exemption certificates as required by the successful bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement,
amendment or addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or
designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference
to Businesses with Drug -Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as
specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its
contractual obligation if such documents are not submitted in a timely manner and in the form required by
the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action
taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may
accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to
the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution
from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or
increased costs sustained as a result of the Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the
successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or
contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120)
calendar days beyond the stated contract term in order to provide City departments with continual service
and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised,
the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price,
terms and conditions for a specific number of days. Additional extensions over the first one hundred
twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual
agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude
upon completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis,
or such combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon
the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City
reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is
determined to be in the City's best interests. Such agreement will be furnished by the City, will contain
certain terms as are in the City's best interests,' and will be subject to approval as to legal form by the City
Attorney.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized
surety company that is licensed to do business in the State of Florida, payable to the City of Miami for the •
amount bid is required from all bidders/proposers, if so indicated::under the Special.Conditions This check
or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it
is awarded -to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award
Page 14 of 51
Invitation for Bid (IFB) 274253,4
contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the
right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful
bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of
award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract
has been awarded, all bid deposits will be retumed on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and
submitted accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement
and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the
annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be
considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may
be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of
establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only.
When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is
added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response,
complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the
City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of
equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be
requested if the proposed brand is other than specified by the City. Such samples are to be furnished after
formal solicitation opening/closing only upon request of the City. If samples should be requested, such
samples must be received by the City no later than seven (7) calendar days after a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its
opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all
prospective bidders/proposers and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm
makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a
business risk which the contractor must assume. The City will not be obligated to reimburse amortized or
unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall
not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City
be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to
any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction
or other legal or equitable proceedings or on account of any delay for any cause over which the City has no
control.
1.18. COLLUSION —Bidder/Proposer, by submittinga response, certifies that its response is made without
previous understanding, agreement or connection either with any person, firm or corporation submitting a
response for the same items/services or with the City of Miami's Purchasing Depai tnient or initiating
department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other
illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of
Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the
City reserves the right to reject any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that
contracts between private entities and local governments are subject to certain laws and regulations,
including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor
agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect
the goods or equipment offered, including but not limited to:
A. • Executive Order 11246, which prohibits discrimination against.any employee, applicant, or client .
because of race, creed,- color, national origin, sex, or age with regard to, but not limited to, the following:
:.employment practices,rate. of pay.or othercompensation methods, and training selection.
Page 15 of 51
Invitation for Bid (IFB) 274253,4
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Enviromnent Protection•Agency(EPA), as applicable -to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218:74 on Prompt Payment.
M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation.
Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a
condition precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility.
Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds
for termination of contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is
imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City
Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be
applicable only to Contracts for the provision of goods and services and public works or improvements for
amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs,
RFLI or IFBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff
including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City
Commissioners, or their respective staffs and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
oral communications with the City purchasing staff, provided the communication is limited strictly to
matters of process or procedure already contained in the formal solicitation document; the provisions of the
Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or
pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during
any duly noticed public meeting, or public presentations. made to the Miami City Commission during a duly
noticed public meeting; or communications in writing or by email at any time with any City employee,
official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ,
RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in
connection with the collection of industry comments or the performance of market research regarding a
particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk,
which shall be made available to any person upon request. The City shall respond in writing and file a copy
with the Office of the City Clerk, which shall be made available to any person upon request. Written
communications may be in the form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or
bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror,. Respondent,
lobbyist or consultant shallsubject same to potential penalties.pursuant to, the City Code. Any person
having personal knowledge of a violation of these provisions shall report such violation to the State
Attorney and/or may.file.a complaint with the_Ethics.Commission. Proposers or bidders should reference
Section 18-74 of the City of Miami Code for further clarification.
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This language is only a summary of the key provisions of the Cone of Silence. Please review City of
Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may
contact the City Clerk at 305-250-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida
Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify
that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami
is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal
Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in
writing to the City. Further, you must disclose the name of any City employee who owns, directly or
indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm.
A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource
which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or
exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not
available to members of the general public and gained by reason of his/her/its position, except for
information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the
personal gain or benefit of any other person or business entity.
B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business
with the City or any person or agency acting for the City, and has not appeared in representation of any
third party before any board, commission or agency of the City within the past two years. Bidder/Proposer
further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister,
to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any
board or agency of the City.
C. A violation of this section may subject the Bidder/Proposer to immediate termination of any
professional services agreement with the City, imposition of the maximum fine and/or any penalties
allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade
County Commission on Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation
of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or
services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City
harmless from any and all liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and • .
submission of Responses to the City, or any work performed in connection therewith shall be borne by the
Bidder(s)/Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective
Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after
consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a
Contractual Party, for the causes listed below, from consideration for award of city Contracts. The
debarment shall be for a period of not fewer than three years. The City Manager shall also have the
authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable
cause for debarment, pending the debarment determination. The authority to debar and suspend contractors
shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer
after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:.
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or
subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery,,falsification
or destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
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(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits provided in
a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which a civil penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a
certification that neither the Contractual Party nor any of its principal owners or personnel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall
render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall
be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial
relief
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction
or repair of a public building or public work, may not submit response on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public entity.
................................................................
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which
shall. include any failure on the part of the successful Bidder/Proposer to accept the award, to fumish
required documents, and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terns of this agreement, the City will notify
the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays
excluded) to remedy the default. Failure on the contractor's part to correct the default within the required
three (3) days shall result in the Contract being terminated and upon the City notifying in writing the
contractor of its intentions and the effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the
time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to
the degree specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to
ensure timely completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent; being declared bankrupt, or committing any act of bankruptcy or insolvency, or
making an assigmnent for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the....,
successful Bidder/Proposer incapable of performing the work in accordance with and as required by the
Contract.
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F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time
limits stated, together with the cost of completing the work, shall be deducted from any monies due or
which may become due on this Contract.
1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it
is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is
one which follows the requirements of the formal solicitation, includes all documentation, is submitted in
the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as
required on each document. Failure to comply with these requirements may deem a Response
non -responsive.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the
response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms
and Conditions. Price discounts off the original prices quoted in the response will be accepted from
successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for
a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer
to Bidder/Proposer will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in
the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing
Department. Should it be found necessary, a written addendum will be incorporated in the Formal
Solicitation and will become part of the purchase agreement (contract documents). The City will not be
responsible for any oral instructions, clarifications, or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving
precedence to the following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency
or disaster situation, the successful vendor shall provide the City with the commodities/services defined
within the scope of this formal solicitation at the price. contained within vendor's response. Further,
successful vendor shall deliver/perform for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this
City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response
and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs,
RFQs, and RFLls, and represents the entire understanding and agreement between the parties with respect
to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any,
made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or
changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal
Solicitation and then the Response shall control. This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your
guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The .City is not obligated to place an order for any given amount subsequent to the award
of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most
advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities
at the prices bid/proposed or at lower prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject. a Response for any of the following reasons:
1) Bidder/Proposer.fails to acknowledge - receipt of addenda;
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2) Bidder/Proposer mistates or conceals any material fact in the Response ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may
reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best
interest of the City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debtor
contract, or which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and
conditions of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in
accordance with the City's Debarment and Suspension Ordinance
C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing
the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to
demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material,
equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms
"equipment and organization" as used herein shall be construed to mean a fully equipped and well
established entity in line with the best industry practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications
and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other
governmental entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an
authorized representative of a manufacturer or supplier which is the actual source of supply, if required by
the Formal Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered
non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if
exceptions are taken to the tenns and conditions of the resulting agreement it may lead to terminating
negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices
quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with.all delivery . .
costs and charges included in the bid/proposal price, unless otherwise specified in this Formal
Solicitation. Failure to do so may be cause for rejection of bid/proposal.
1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its
response will be firm throughout the duration of the contract unless otherwise specified in the Formal
Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or
contracts, which are to be performed or supplied over a period of time.
1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-105)
(a) The Commission approves implementation of the first -source hiring agreement policy and requires
as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants
and loans, for projects of a. nature that create new jobs, the successful negotiation of first -source hiring •
agreements between the organization or individual receiving said contract and the authorized representative
unless such an agreement is found infeasible by the city manager and such finding approved by the City
Commission at a public hearing. «.
(b) For the purpose of this section, the following terms, phrases, words and their derivations shall have
the following meanings:
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Authorized representative means the Private Industry Council of South Florida/South Florida Employment
and Training Consortium, or its successor as local recipient of federal and state training and employment
funds.
Facilities means all publicly financed projects, including but without limitation, unified development
projects, municipal public works, and municipal improvements to the extent they are financed through
public money services or the use of publicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG), economic
development agency construction loans, loans from Miami Capital Development, Incorporated, and all
federal and state grants administered by the city.
Service contracts means contracts for the procurement of services by the city which include professional
services.
Services includes, without limitation, public works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
(c) The authorized representative shall negotiate each first -source hiring agreement.
(d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city
training and employment programs, and other residents of the city.
1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section.24,
states that employers shall pay employee wages no less than the minimum wage for all hours worked in
Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and
comply with this Florida constitutional minimum wage requirement and pay its employees the current
established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using
the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as
calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall
be determined and published by the Agency Workforce Innovation on September 30th of each year and
take effect on the following January 1st.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full
responsibility to determine whether any of its employees may be impacted by this Florida Law at any given
point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s),
job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of
submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that
the Flonda Minimum Wage LaW will not impactits prices throughout the term of contract and waiver of
any contractual price increase request(s). The -City reserves the right to request and successful
bidder/proposer must provide for any and all information to make a wage and contractual price increase(s)
determination.
1.40. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by
the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this
Contract shall take place in Miami -Dade County, Florida.
1.41. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been
inserted for convenient reference only and shall not in any manner be construed as modifying, amending or
affecting in any way the expressed terms and provisions hereof.
1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any
person or entity that performs or assists the City of Miami with a function or activity involving the use or
disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI)
shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City
of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards,
which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures; ... -.
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to
the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential;
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E. Making Protected Health Information (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments
requested by the customer;
G. Making PHI -available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for
compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper records,
and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its
privacy information practices including specifically, a description of the types of uses and disclosures that
would be made with protected health information.
1.43. INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its
officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including,
but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the
performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers,
agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages
arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or
employees were negligent, unless such injuries or damages are ultimately proven to be the result of grossly
negligent or willful acts or omissions on the part of the City, its officials and/or employees.. These
indemnifications shall survive the term of this Contract. In the event that any action or proceeding is
brought against City by reason of any such claim or demand, Contractor shall, upon written notice from
City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly
understands and agrees that any insurance protection required by this Contract or otherwise provided by
Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the
City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend at its own expense to and through
appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and
all claims of liability and all suits and actions of every name and description which may be brought against
City whether performed by Contactor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be
interpreted under the laws of the State of Florida, including without limitation and which conforms to the
limitations of §725..06.and/or §725.08, Fla. Statues, as amended from time to time.as applicable
Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the
City. .
The Contractor agrees and recognizes that the City shall -not be held liable or responsible for any claims
which may result from any actions or omissions of the Contractor in which the City participated either
through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any
submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any
responsibility or liability of the Contractor or Sub -Contractor, under this Agreement.
1.44. INFORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all
information requested in the spaces provided in the Formal Solicitation. Further, as may be specified
elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical
specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered.
Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this
provision.
1.45. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods
and/or services required to be provided by the Contractor under this Contract conform to the terms and
conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities
and assistance to facilitate the performance of tests or inspections by City representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions'of the City of Miami Ordinance
- No. 12271 (Section 18-79), as same may be amended or supplemented from time to time.
:1.46. INSPECTION OF. RESPONSE - Responses received by.the City pursuant to a Formal Solicitation
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will not be made available until such time as the City provides notice of a decision or intended decision or
within 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be
furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation.
Tabulations also are available on the City's Web Site following recommendation for award.
1.47. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor,
shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of
coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled
"Insurance Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the
insurance certificate is received within the specified time frame but not in the manner prescribed in this
Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5)
calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required
insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after
receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall
not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from
submitting future responses to the City: Information regarding any insurance requirements shall be directed
to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami,
Florida 33130, 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in
conjunction with this Section remain in effect for the duration of the contractual period; including any and
all option terms that may be granted to the Bidder/Proposer.
1.48. INVOICES'- Invoices shall contain purchase order number and details of goods and/or services
delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida
Statutes (Prompt Payment Act).
1.49. LOCAL PREFERENCE - City Code Section 18-85, states that the City Commission may offer to a
responsible and responsive bidder/proposer, who maintains a Local Office, the opportunity of accepting a
bid at the low bid amount, if the original bid amount submitted by the local vendor is not more than ten
percent (10%) in excess of the lowest other responsible and responsive bidder/proposer.
1.50. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from
bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal.
Failure to provide such certification may result in the rejection of bid/proposal or termination of
contract/agreement, for which the bidder/proposer must bear full liability.
1.51. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No
. contract.or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if
applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City
of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the.
contract, purchase order or award sheet as appropriate.
1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed
or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create
any other similar relationship between the parties.
1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance
with specifications under the direction of the Florida Department of Agriculture and Consumer Services or
by other appropriate testing Laboratories as determined by the City. The data derived from any test for
compliance with specifications is public record and open to examination thereto in accordance with
Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and
returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in
the response and/or Purchase Order may result in bidder/proposer being found in default in which event
any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these
stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list.
1.54. NONDISCRIMINATION -Bidder/Proposer agrees that it shall not discriminate as to race, sex,
color, age, religion, national origin, marital status, or disability in connection with its performance under
formal solicitation.. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall
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solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be
excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any
program or activity.
In connection with the conduct of its business, including performance of services and employment of
personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion,
disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be
afforded equal opportunity for employment.
1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its
best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts
for these herein goods and/or services, and to make use of other competitively bid (governmental)
contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be
available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of
the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction
with this Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with
construction projects are solicited under a distinctly different solicitation process and shall not be purchased
under the terms, conditions and awards rendered under this solicitation, unless such purchases are
determined to be in the best interest of the City.
1.56. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business
location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the
City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of
Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational
License Tax requirements. A copy of the license must be submitted with the response; however, the City
may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City
during the evaluation period, but prior to award.
1.57. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or
joint venture will be considered in response to this Formal Solicitation. When submitting an alternate
response, please refer to the herein condition for "Alternate Responses May Be. Considered".
1.58. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents,
records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer
pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by
the Bidder/Proposer for any other purposes whatsoever without the written consent of the City.
1.59. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person
or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of
such provision to persons or circumstances other than those as to which it is held invalid shall not be
affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent
pen -flitted by law.
1.60. PERFORMANCE/PAYMENT BOND -A Contractor may be required to furnish a
Perfonnance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred
percent (100%) of the contract price.
1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) -Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All
bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink.
Failure to do so will be at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The
Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address,
and telephone number on the face page and on each continuation sheet thereof on which he/she makes an
entry, as required.
B. If so,required, the unit price for each unit offered shall be shown, and such price shall include
packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise
specified. Iidder/Proposer shall include in the response all taxes, insurance, social security, workmen's
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Invitation for Bid (IFB) 274253,4
compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If
applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated
quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case
of a discrepancy between the unit price and extended price, the unit price will be presumed correct.
-C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods
and/or services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in
ink with the firm's name and by an officer or employee having authority to bind the company or firm by
his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person
signing the response or the response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the
Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's. Response Forms shall.be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS,
UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE
RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE.
1.62. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by
reason of market change or on the part of the contractor to other customers shall be passed on to the City. of
Miami.
1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's
product becomes unavailable during the term of the Contract, the Contractor awarded that item may
arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or
lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds
all quality requirements.
1.64. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS
Contractor represents and warrants to the City that it has not employed or retained any person or company
employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to
pay any person any fee, commission, percentage, brokerage fee, or giftof any kind contingent upon or in
connection with, the award of this Contract.
1.65. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for
the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is
understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final
acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of
delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is
necessary due to damage, the cash discount period shall commence on the date final approval for payment
is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash
discount, the City is entitled to a cash discount with the period commencing on the date it is determined by
the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful
bidders/proposers during the term of the contract.
1.66. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such
property furnished to a Contractor for repair, modification, study ; etc shall remain the property of the City
of Miami. Damages to such property occurring while in the possession of the Contractor shall be the,,
'responsibility of the Contractor. Damages occurring to such property while in route to the -City of Miami
,,shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total
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Invitation for Bid (IFB) 274253,4
loss, the Contractor shall be responsible for replacement value of the property at the current market value,
less depreciation of the property, if any.
1.67. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all
'covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any
goods or services to a public entity, may not submit a response on a contract with a public entity for the
construction or repair of a public building or public work, may not submit responses on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
1.69. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable
times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter
119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the
City and the public to all documents subject to disclosure under applicable law. Contractor's failure or
refusal to comply with the provision of this section shall result in the immediate cancellation of this
Contract by the City.
1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All
materials used in the manufacturing or construction of supplies, materials, or equipment covered by this
solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality,
and of the highest grade of workmanship, unless as otherwise specified in this Solicitation.
1.71. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality
and workmanship. Materials furnished to complete the service shall be new and of the highest quality
except as otherwise specified in this Solicitation.
1.72. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a
foiuual solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be
cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be
applicable, or revised to comply with the law.
1.73. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city
attorney, shall have the authority to resolve controversies between the Contractual Party and the city which
arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater
than $25,000, the City Commission must approve the City Manager's decision. Such authority extends,
without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of
complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City
Manager.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall
promptly render a written report stating the reasons for the action taken by the City Commission or the City
Manager which shall be final and conclusive. A copy of the decision shall be irmnediately provided to the
protesting party, along with a notice of such parry's right to seek judicial relief, provided that the protesting
party shall not be entitled to such judicial relief without first having followed the procedure set forth in this
section.
1.74. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and
awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does
not exceed $25,000.
Protests thereon shall be governed by the Administrative Policies:`and Procedures of Purcha sing.
1.Protest of Solicitation.
'irAny prospective proposer who perceives itself aggrieved in connection with the solicitation of"a Contract
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Invitation for Bid (IFB) 274253,4
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications
or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to
file a protest is considered filed when received by the Chief Procurement Officer; or
ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the
Chief Procurement Officer within three days after the solicitation is published in a newspaper of general
circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement
Officer.
2. Protest of Award.
i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two
days after receipt by the proposer of the notice of the City Manager's recommendation for award of
Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier
Comer, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City
Manager's recommendation can be found by selecting the details of the solicitation and is listed as
Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is
indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that
solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this
section of the website daily after responses are submitted to receive the notice; or
ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's
determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be
confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of
intent to file a protest is considered filed when received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer
within five (5) days after the date the notice of protest was filed. A written protest is considered filed when
received by the Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
assigning points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the
solicitation or the award is based, and shall include all pertinent documents and evidence and shall be
accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review
of the written protest and no facts, grounds, documentation or evidence not contained in the protester's . .
submission to the Chief. Procurement. Officer at the time of filing the protest shall be permitted in the
consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed
or allowed by this section, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is
neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be
excluded in the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the
approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief
Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting
party and shall submit said decision to the City Comrission within 30 days after he/she receives the
protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be
submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by
the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a
protest or the written protest, together with the required Filing Fee" as provided in subsection (f);'with "the
Chief Procurement Officer within the time provided in subsection=_(a); above; shall.constitute a forfeiture of
.such party's right to file a protest pursuant to this section. The protesting party, shall not be, entitled, toseek.
judicial relief without first having followed the procedure set forth: iythisasection
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Invitation for Bid (IFB) 274253,4
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the
requirements of this section, the city shall not proceed further with the solicitation or with the award of the
Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided
in subsection (b) above, unless the City Manager makes a written determination that the solicitation process
or the Contract award must be continued without delay in order to avoid an immediate and serious danger
to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed
Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which
may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by
the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded
to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee
shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by
subsection (e) above.
1.75. SAMPLES - Samples of items, when required, must be submitted within the time specified at no
expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples,
at their expense, within 30 days after notification. Failure to remove the samples will result in the samples
becoming the property of the City.
1.76. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell,
assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or.
assign any portion of the performance required by this contract, except under and by virtue of written
permission granted by the City through the proper officials, which may be withheld or conditioned, in the
City's sole discretion.
1.77. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty,
service and replacements that will be provided. Bidders/Proposer must explain on the Response to what
extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable,
should be submitted with your response.
1.78. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any
supplemental specification as to any detail or the omission from it of detailed description conceming any
.. . point shall be regarded as. meaning that, only the best commercial. practices are to prevail and that only . . . . . .
materials of first quality and correct type, size and design are to be used. All workmanship and services is
to be first quality.
All interpretations of these specifications shall.be made upon .the basis of this statement.
If your firm has a current contract with the State of Florida, Depai tment of General Services, to supply the
items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply
with this request will result in disqualification of bid/proposal. . ..
1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via
the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500
Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as
designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend
the solicitation closing; however, no award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope,
box or package must show the hour and date specified for receipt of responses, the solicitation number and
title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the
requisite Response Forms may be rejected. Hardcopy responses received at any other location than the
specified shall be deemed non -responsive.
Directions to City Hall:
FROM THE NORTH: I-95-SOUTH UNTIL IT TURNS INTO US I °" US'T SOUTH -TO 27TH AVE:
TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1
BLOCKTURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT..THE, END.OFPAIV.
AMERICAN DR. PARKING IS ON RIGHT.
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Invitation for Bid (IFB) 274253,4
FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED. SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and
strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by
the United States mail delivery or caused by any other occurrence. Responses received after the
solicitation closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle
System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider
any subsequent submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be
placed in a separate envelope, box, or package and each envelope, box or package must contain the
information previously stated in 1.82.A.
1.80. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal
Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers
should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for
the completion of the contract is subject to. the Florida State Sales Tax in accordance with Section 212.08,
Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer.
1.81. TERMINATION -The City Manager on behalf of the City of Miami reserves the right to terminate
this contract by written notice to the contractor effective the date specified in the notice should any of the
following apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the
contract.
B. The City has determined that such termination will be in the best interest of the City to tenminate the
contract for its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is
contingent upon the availability of appropriate funds.
1.82. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services
awarded to a Bidder/Proposer have been received, inspected, and found to comply with award
specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be
made by the City of Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection
and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable
law.
1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this
solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if
delivery is not made within the time(s) specified on their Response. Deliveries are to be made during
regular City business hours unless otherwise specified in the Special Conditions.
1.84. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted
the goods/equipment or used the goods, whichever comes first
',1.85.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses
submitted to the City are subject to public disclosure pursuant :to:.Chapter .119, Florida Statutes An
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Invitation for Bid (IFB) 274253,4
exception may be made for "trade secrets."
If the Response contains information that constitutes a "trade secret", all material that qualifies for
exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE
SECRETS EXCEPTION," with your firm's name. and the Solicitation number and title marked on the
outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any
person. By your designation of material in your Response as a "trade secret" you agree to indemnify and
hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and
attomey's fees incurred by the City by reason of any legal action challenging your claim.
1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified
Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a
change order or purchase order is issued and received by the Contractor. The qualified
Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the
contract or any work performed by an employee not otherwise previously authorized.
1.87. USE OF NAME = The City is not engaged in research for advertising, sales promotion, or other
publicity purposes. No advertising, sales promotion or other publicity materials containing information
obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express
written permission of the City Manager or the City Commission.
1.88. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers
must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If
variations are not stated on their Response, it will be assumed that the product fully complies with the
City's specifications.
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Invitation for Bid (IFB) 274253,4
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for Emergency Debris Removal and Disposal
Services, as specified herein, from a source(s) of supply that will give prompt and efficient service fully
compliant with the terms, conditions and stipulations of the solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Purchasing Department, Attn: Yadissa Calderon; fax: (305) 400-5369 or email: yaalderon@ci.miami.fl.us.
The solicitation title and number shall be referenced on all correspondence. All questions must be received
no later than Monday, August 8, 2011 at 5:00 PM. All responses to questions will be sent to all prospective
bidders/proposers in the form.on an addendum. NO.QUESTIONS WILL BE RECEIVED VERBALLY
OR AFTER SAID DEADLINE.
2.3. PRE-BID/PRE-PROPOSAL CONFERENCE
None
2.4. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with
the option to extend for three (3) additional one (1) year periods, subject to the availability of funds for
succeeding fiscal years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.5. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
a) Continued satisfactory performancecompliance with the specifications terms and conditions
established herein.
b) Availability of funds
In the event the Contractor(s) is unable to extend the contract for any subsequent period under the above
conditions, or for whatever cause, advance written notice and explanation must be submitted to the Chief
Procurement Officer, no later than ninety (90) days prior to the annual expiration date. Such notification is
subject to the acceptance of the City, or the Contractor(s) may be found to be in default.
2.6. FIXED AND FIRM CONTRACT
Bidder is to provide fixed and firm bid prices for the services rendered throughout the term of contract as
described herein. This bid does not contain an adjustable clause whereby successful bidder(s) can increase
its prices unless there is volatility in the market or drastic price increases to fuel. Under these two
scenarios, Section 2.7, Equitable Adjustment, and/or, Section 2.8, Consumer Price Index- (CPI for Fuel),
may be invoked by the Purchasing Department.
• 2.7. EQUITABLE ADJUSTMENT
_ The Purchasing Department may; in its sole discretion; make an equitable adjustment in the contract terms
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Invitation for Bid (IFB) 274253,4
and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the
marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to
circumstances beyond the successful bidder(s) control, (2) the volatility affects the marketplace or industry,
not just the particular contract source of supply, (3) the effect on pricing or availability of supply is
substantial, and (4).the volatility so affects the successful bidder(s) that continued performance of the
contract would result in a substantial loss. Successful bidder(s) might have to supply documentation to
justify any requested percentage increase in cost to the City of Miami.
2.8. CONSUMER PRICE INDEX- (CP1 FOR FUEL)
The Successful Bidder(s) will be allowed to increase/decrease their contractual prices annually to cover
future drastic fuel price changes. The market changes will be determined utilizing the Consumer Price
Index for All Urban Consumers (CPI-U), U.S. City Average, Miami -Ft. Lauderdale, FL., Gasoline
(Unleaded Regular), and Index Base Period between 2011 through 2016. The escalation using the CPI will
be determined by the percent change in the level of the CPI between the reference period and a subsequent
time period. This will be calculated by first determining the index point change between the two periods
and then the percent change. The following example illustrates the computation of percent change:
CPI for current period (2011) 331.4
Less CPI for previous period (2010) 240.2
Equals index point change 91.2
Divided by previous period CPI 240.2
Equals= 0.379
Result multiplied by 100 0.379 x 100
Equals=percent change 37.9
Any contractual increases/decreases must occur on the anniversary date of the contract award. Exceptions
may be allowed under extreme volatile market conditions and relief may be sought by exercising Section
2.7, Equitable Adjustment Clause.
2.9. NON -APPROPRIATION OF FUNDS
In the event 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
his assignee of such occurrence, shall have the unqualified right to terminate the contract without any
penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any
project(s) will be awarded to any firm(s).
2.10. METHOD OF AWARD
Award of this contract will be made to the three (3) lowest responsible and responsive bidder(s) who bids
on all items, and whose bid offers the lowest cost when all items are added in the aggregate, conforming to
the specifications herein.Bidders must bid on all items.
2.11. PRIMARY CLIENT (FIRST PRIORITY) SCHEDULE CONFLICT DUE TO VARIOUS
AREAS IMPACTED
The Successful Bidder(s) agree upon award of this contract that the City of Miami shall be its primary
client and shall be serviced first during a schedule conflict arising between this contract and any other
contract successful bidder(s) may have with any other cities and/or counties to perform similar services as a
result of any catastrophic events such as tornadoes, hurricanes, severe storms, or any other public:,;,:,_..:;.
emergency impacting various areas during or approximately the same time.
2.12. BIDDER'S MINIMUM QUALIFICATIONS
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Invitation for Bid (IFB) 274253,4
a) Bids will be considered only from firms that is and have been regularly engaged in the business of
providing Emergency Debris Removal and Disposal Services as described in this Bid for the past five (5)
years.
b) Bidder shall list as references in the.Header.Attribute Section of this IEB; the services performed within
the past five (5) or more years. Include information such as the nature of the emergency, hurricane, storm,
major or critical event with overall cost paid to bidder for services rendered.
c) Bidder must have a record of performance for a reasonable period of time and sufficient financial
support. Bidder shall include with bid most recent completed Annual Financial Report. It is preferable that
a Dun & Bradstreet number and a current Dun & Bradstreet Comprehensive Report are submitted with
your bid. Failure to submit the AnnualFinancial Report shall deem your bid non -responsive.
d) Bidder shall provide a detailed list, of all owned trucks and equipment in its possession to service the
City with Emergency Debris Removal and Disposal Services at the time of bid submittal. Bidder shall
provide the type of truck or equipment, make, model, license plate number, State registered in, truck or
equipment identification number with pictures of all trucks and equipment, and copies of ownership,
purchase, or leasing documentation for each item. Failure to demonstrate sufficienttrucks and
equipment to service.this contract and to submitrequired detailed list.of trucks and equipment with
proof ofownership, purchase, or leasing documents shall render your bidnon-responsive or bidder
non -responsible. Attachment A shall be completed in its entirety and submitted with your bid in
order to meet this requirement.
e) Bidder must demonstrate the necessary equipment and organization to insure that they can satisfactorily
provide the services if awarded a Contract under the terms and conditions herein stated.
f) Bidder shall not have any member, officer, or stockholder that is in arrears or is in default of any debt or
contract involving the City is a defaulter surety otherwise, upon any obligation to the City, and/or has failed
to perform faithfully on any previous contract with the City.
g) Bidder shall have no record of pending lawsuits or criminal activities, and have never been declared
bankrupt.
The term "equipment and organization" as used herein shall be construed to mean a fully equipped and
well established industry as determined by the proper authorities of the City of Miami, Florida.
2.13. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS
Bidder must list any or all subcontractor(s) that may be utilized to assist in the efforts of Emergency Debris
Removal and Disposal services in Attachment B. Any subcontractor(s) listed must meet the same
requirements and submit the same information listed under the above section, 2.13, subsection a) — g),
Bidder's Minimum Qualifications. If bidder does not include any subcontractor(s) as part of its bid
submittal, it will be construed that bidder will be able to handle the entire workload by itself and will not be
allowed to subcontract any of the work unless it request in writing the hiring of subcontractor(s) with the
aforementioned requirements attached to its request within seventy two (72) hours of considering hiring
subcontractor(s). The City will grant or deny such request in writing within forty-eight (48) hours of
receiving said request
2.14. SUBCONTRACTOR(S) OF WORK SHALL BE IDENTIFIED
As part of its Bid, the Bidder is required to identify any and all subcontractor(s) s that will be used in the
performance of the proposed contract, their capabilities, experience, minority designation, as defined in
Ordinance 10062 and the portion of the work to be done by the subcontractor(s).
The Successful bidder shall not, at any time during the tenure of the contract, subcontract any part of
his/her operations or assign any portion or part of the contract, to subcontractor(s) not originally mentioned
in their Bid, except under and by virtue of permission granted by the City through the proper officials as
indicated in Section 2.13, Subcontractor(s) Minimum Oualifications.
.Nothing contained in these specifications shall be construed as establishing any contractual relationship
between any subcontractor(s) and the City.
:.,The Successful biddershall be_fully.responsible to the City.forthe acts and omissions of their
.subcontractor(s) and its', employees, and for acts and omissions of persons employed by the Successful
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Invitation for Bid (IFB) 274253,4
bidder.
2.15. WORK ASSIGNMENTS, CITY'S RIGHT -TO ADD•ADDITIONAL CONTRACTOR(S), OR
HAVE CONTRACTOR(S) ADD ADDITIONAL SUBCONTRACTOR(S)
There are no implied or express guarantee that all successful bidders under this contract will receive work
assignments during any given catastrophic events such as tornadoes, hurricanes, severe storms or any other
public emergency. However, the City reserves the right to assign work to multiple successful bidders at
any given point in time, add Contractor(s) who were not part of the initial award to the contract or direct
successful bidder(s) to hire subcontractor(s), which may or may not be part of this bid contract, to expedite
the clean-up efforts of debris to restore normalcy and order to the lives of City residents, businesses, and
general public in an expeditious manner
2.16. INSURANCE REQUIREMENTS
Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and
all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the
provisions of the contract, including all acts or omissions to act on the part of bidder, including any person
performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses
and causes of such action are not attributable to the negligence or misconduct of the City and, from and
against any orders, judgments or decrees which may be entered and which may result from this Contract,
unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof.
The bidder shall furnish to City of Miami, c/o Purchasing Depai intent, 444 SW 2nd Avenue, 6th Floor,
Miami, FL 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained
which meets the requirements as outlined below:
Commercial General Liability (Primary & Non Contributory)
Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence
General Aggregate Limit
Products/Completed Operations
Personal and Advertising Injury
Endorsements Required
City of Miami included as an Additional Insured
Contingent and Contractual Liability
Primary Insurance Clause
Premises and Operations Liability
$1,000,000
$2,000,000
$1,000,000
$1,000,000
Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Including Owned, Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
Endorsements Required
City of Miami included as an Additional Insured
Pollution Liability Endorsement (If Applicable
Worker's Compensation
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Invitation for Bid (IFB) 274253,4
Limits of Liability
•. Statutory -State of Florida
Waiver of Subrogation
A. Limits of Liability
$500,000 for bodily injury caused by an accident, each accident.
$500,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Umbrella Liability (Excess Follow Form)
A. Limits of Liability
Each Occurrence Limit
Aggregate Limit
V. Pollution Liability (If Applicable)
A. Limits of Liability
Each Occurrence
Aggregate Limit
$1,000,000
$1,000,000
$1,000,000
$1,000,000
The above policies shall provide City of Miami with written notice of cancellation or material change
from the insurer in accordance to policy provisions.
Companies authorized to do business in the State of Florida with the following qualifications, shall issue
all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class V" as to
Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to
review and verification by Risk Management prior to insurance approval.
The City needs to be named as additional insured. BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the bidder.
All insurance policies required above shall be issued by companies authorized to do business under the
laws of the State of Florida, with the following qualifications:
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days
written advance notice to the certificate holder.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation
under this section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be
responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10)
calendar days in advance of such expiration.
—In the event that expired certificates are not replaced with new or renewed certificates which cover
the contractual period, the City shall:
d. Suspend the contract until such time as the new or renewed certificates are received by the City in the
manner prescribed in the Invitation For Bid.
e. The.City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages
from: the Bidder.in conjunction with the General and Special Terms and Conditions of the Bid. -
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The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in force for the duration of the contractual period; including any and all option terms that
may be granted to the Bidder.
2.17. TIE BIDS
Whenever two or more Bids which are equal with respect to price, quality and service are received by the
City for the procurement of conunodities or contractual services, a Bid received from a business that
certifies that is has implemented a drug -free workplace program shall be given preference in the award
process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a
drug -free workplace program. In order to have a drug -free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the action that
will be taken against employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that are under Bid a
copy of the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under Bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is so
convicted.
(6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this
section.
2.18. PERFORMANCE AND PAYMENT BOND
As this contract is on a standby emergency basis, the City must be certain that the offeror has the capability
to obtain, within a few days, in the face of a major disaster, a surety bond to cover the extensive emergency
work which may be required to be initiated almost immediately. Therefore, to ensure such capability, the
City requires all Bidders to provide a signed Letter of Commitment from their surety company meeting the
requirements delineated above with their proposal, in the prescribed form and containing all of the required
terns and conditions as set forth herein. The Letter of Commitment shall exhibit clearly the Bidder's ability
to obtain, and upon a valid Notice to Proceed, the surety's obligation to provide, a surety Payment and
performance Bond for the project for an amount up to $5,000,000. The City reserves the right to seek
clarifications to satisfy the requirements of the commitment letter. See Attachment H, Sample Surety
Commitment Letter. Failure to include an appropriate executed letter from the surety company in an
acceptable format may deem your proposal non -responsive.
The successful bidder(s) to whom a contingent award is made for this service will be required to execute
and deliver to the City a Performance and Payment Bond in an amount equal to one hundred percent
(100%) of the contract price. The Perfonnance Bond can be in the form of a Cashier's Check, made payable
to the'City of Miami; a bond written by a surety company authorized to do business in the State of Florida
and shall comply with State Statute 287.0935; or an Irrevocable Letter of Credit. If the latter is chosen, it
must be written by a bank located in Miami -Dade County, be in the amount of the contract and should
clearly and expressly state that it cannot be revoked until express written approval has been given by the
-.City of Miami. The City, to draw on same, would merely have to give written notice to the bank with a
copy to the contractor. The Performance and Payment Bond Form supplied by the City shall be the only
acceptable form: The completed form shall be delivered to the City upon receipt of a valid Notice to
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Invitation for Bid (IFB) 274253,4
Proceed but before commencing on the job or within 5 calendar days after commencing on the job to
. provide services as a result of the City being struck by a Category 1 Hurricane, Tropical Storm, or severe
weather, 10 calendar days after a Category 2 or 3 Hurricane, or 15 calendar days after a Category 4 or 5
Hurricane. If the bidder fails to deliver the Payment and Perforniance Bond within this specified time,
including granted extensions, the City shall declare the bidder in default of the contractual terns and
conditions and the City shall have just cause for contract termination which forfeiture shall be considered,
not as a penalty, but in mitigation of damages sustained. The City may then require next lowest responsive,
responsible Bidder(s) to commence on the project (See Attachment C, C-1, C-2 & C-3).
2.19. PERFORMANCE AND PAYMENT BOND AMOUNT BASED ON U.S. ARMY CORPS OF
ENGINEERS HURRICANE DEBRIS ESTIMATING MODEL
The City will forecast the total amount of Emergency Debris Removal and Disposal Services to be
provided by contractor(s) based on the U.S. Army Corps of Engineers Hurricane Debris Estimating Model
(See Attachment D) to determine the contract price for contractor to deliver a Performance and Payment
Bond in the amount of 100% of the contract price, if required by the City
2.20. FAILURE TO PERFORM
Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken
within 48 hours of any failure to perform according to specifications, the City reserves the right to declare
Contractor in default of the contract or make appropriate reductions in the contract payment.
2.21. NON -APPROPRIATION OF FUNDS
In the event 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
his assignee of such occurrence, shall have the unqualified right to terminate the contract without any
penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any
project(s) will be awarded to any firm(s).
2.22. CONTRACTOR'S EMPLOYEES AND ITS SUBCONTRACTOR'S EMPLOYEES ARE SOLE
RESPONSIBILITY OF CONTRACTOR AND NOT EMPLOYEE AGENTS CITY
All employees of the Contractor and. Subcontractor's, if applicable, shall be considered to be, at all times,
employees of the contractor and subcontractor(s) under its sole direction and not employees or agents of the
City. The Contractor and Subcontractor(s) shall supply competent and physically capable employees. The
City may require the Contractor or Subcontractor to remove an employee the City deems careless,
incompetent, insubordinate or otherwise objectionable and whose continued employment under this
contract is not in the best interest of the City. Each employee shall have and wear proper identification.
All the services required herein shall be performed by the Contractor, and all personnel engaged in
performing the services shall be fully qualified to perform such services.
All personnel of the Contractor and Subcontractor shall be covered by Workmen's Compensation,
unemployment compensation, and liability insurance, a copy of which is to be provided to the City. See the
document entitled Insurance Requirements for specific requirements.
All applicable taxes, fringe benefits, and training for all personnel for the performance under the contract
shall be the sole responsibility of the Contractor and Subcontractor.
2.23. SUBCONTRACTOR'S AND SUBCONTRACTOR'S ACTS AND OMISSIONS
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The Contractor shall be fully responsible to City for the acts and omissions for its' subcontractors and
persons directly or indirectly employed by them, as the Contractor is for the acts and omissions of person
employed by it.
The Contractor shall.allow appropriate requirements to be placed to all its' subcontractors relative to the
services described herein and the City shall exercise all rights reserved to enforce it.
2.24. COMPLIANCE WITH FEDERAL STANDARDS
All services performed under this bid shall be in accordance with all governmental standards, to include,
but not limited: to, those issued by the office of Safety and Health Administration (OSHA), the National
Institute of Occupational Safety Hazards (NIOSH), National Forest Products Association (NFPA),
Department of Environmental Resources Management (DERM), and Federal Emergency Management
Agency (FEMA)(Refer.to the attached FEMA Recovery Fact Sheet RP9580.201 Debris Contracting
Guidance).
2.25. FEDERALLY FUNDED PROJECTS CONTRACT PROVISIONS
Contract provisions as outlined on the attached FWHA-1273 Form, as required by the U.S. Department of
Transportation, Federal Highway Administration for all emergency relief, federally funded projects are
incorparated herein, and made a part of the Special Conditions of this IFB document.
2.26. DUMPING/TIPPING FEES
All dumping (tipping) fees are to be billed- as a passed through- to the City of Miami. Successful Bidder(s)
is/are required to pay the fee and evidence of payment must be provided with invoice.
2.27. COMPLETED WORK
The City shall be notified by the Contractor upon completion of work. The City shall inspect and approve
completed work before authorizing payment. Work not satisfactorily completed shall be redone by the
Contractor at no additional charge to the City.
2.28. CONTRACT ADMINISTRATOR
Upon award, contractor shall report and work directly with Solid Waste Depai tnient Director or authorized
designee, who shall be designated as the Contract Administrator.
2.29. SUPERVISION
Contractor shall assign one working "On Duty" Supervisor when designated by the contract administrator
or his/her designee. Contractor shall also advise the name and telephone number where a responsible
Supervisor, or the Contractor, may be reached at any time for purposes of taking complaints and receiving
information as to daily contract performance. In the event the assigned Supervisor demonstrates an
inability to properly supervise his/her personnel as determined by the contract administrator or his/her
designee, then the contract administrator or his/her designee have the authority to request the immediate
dismissal of said Supervisor of his/her responsibilities at the facility and Contractor is to assign another
individual upon four (4) hour notice (if requested by the City) to supervise staff in a satisfactory manner as
determined by the contract administrator or his/her designee. The City shall only be liable for payment of
the actual hours worked by said Supervisor(s).
2.30. USE OF PREMISES
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Invitation for Bid (IFB) 274253,4
.The contractor shall confine his/her equipment, apparatus, the storage of materials, and the operation of
his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager,
and shall not unreasonably encumber the premises with his/her materials. The contractor shall take all
measures necessary to protect his own materials.
2.31. DAMAGES TO PUBLIC/PRIVATE PROPERTY
The contractor shall carry out the work with such care and methods as not to result in damage to public or
private property adjacent to the work. Should any public or private property be damaged or destroyed, the
contractor, at his/her expense, shall repair or make restoration as is practical and acceptable to the City
and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to
exceed one month from date damage was done);
2.32. REFERENCES
Each bid must be accompanied by a list of references, which shall include the name of the company, dates
of contract, description of goods supplied, a contact person and the telephone number. NO BID WILL BE
CONSIDERED WITHOUT THIS LIST.
2.33. COMPLETE PROJECT REQUIRED
These specifications describe the various items or classes of work required, enumerating or defining the
extent of same necessary, but failure to list any item or classes under scope of the several sections shall not
relieve the contractor from furnishing, installing or performing such work where required by any part of
these specifications, or necessary to the satisfactory completion of the project.
2.34. CONTRACTOR TO BE REPRESENTED
The contractor at all times must either be personally present at the worksite or be represented at the
worksite by a responsible agent or agents designated by the contractor in written notice to the City prior to
the beginning of work. Such notification shall include pertinent data such as addresses, phone numbers,
etc., where said agent or' agents may be contacted at any time of the day or night. The agent or agents shall
be clothed with full authority to act for the contractor in all cases, and to carry out any instructions relative
to the work may be given by the City.
2.35. SPECIFICATION EXCEPTIONS
Specifications are based on the most current literature available. Bidder shall notify the City of Miami
Purchasing Department, in writing, no less than ten (10) days prior to solicitation closing date of any
change in the manufacturers' specifications which conflict with the specifications. For hard copy bid
submittals, bidders must explain any deviation from the specifications in writing as a footnote on the
applicable specification page and enclose a copy of the manufacturer's specifications data detailing the
changed item(s) with his/her submission. For electronic bid submittals, bidders must explain in the Header
Section or by an Attachment and, if applicable, enclose a scanned copy of the manufacturer's specifications
data detailing the changed item(s) with his/her submission. Additionally, bidders must indicate any options
requiring the addition of other options, as well as those which are included as a part of another option.
Failure of bidders to comply with these provisions will result. in bidders being held responsible for all costs
required to bring the item(s) in compliance with contract specifications.
2.36. PUBLIC CONVENIENCE AND SAFETY
The contractor shall conduct his work so as to interfere as little as possible with private•business or public
travel. He shall, at his own expense, whenever necessary or required, maintain barricades, maintain lights,
and take such other precautions as may be necessary to protect life -and property, and he shall be liable for
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Invitation for Bid (IFB) 274253,4
all damages occasioned in any way by his actions or neglect or that of his agents or employees.
The contractor shall meet the following noise abatement performance standards for all construction
equipment:
Between the hours of 7:00 A.M. and 6:00 P.M. noise levels shall not exceed 80 dBA at the nearest
residential or commercial property line.
Operation of equipment should be avoided between the hours of 6:00 P.M. and 7:00 A.M., but if required,
the noise level shall not exceed 65 dBA.
2.37. ADDITIONS/DELETIONS OF SERVICE REQUIRED
Although this Solicitation identifies specific items/services, it is hereby agreed and understood that any
items/services may be added/deleted to/from this contract atthe option of the City. When an addition to the
contract is required, the successful bidder(s) under this contract and other supplier(s), as deemed necessary,
shall be invited to submit price quotes for these new item(s)/service(s). If these quotes are comparable with
market prices offered for similar item(s)/service(s), the supplier(s) and/or item(s)/service(s) shall be added
to the contract whichever is in the best interest of the City and an addendum shall be issued by the City.
2.38. AVAILABILITY OF CONTRACT TO OTHER MUNICIPALITIES/DADE COUNTY
Although this solicitation is specific to the City of Miami, it is hereby agreed and understood that any other
municipality located within Miami -Dade County or any other municipality, may avail itself of this contract
and purchase any and all services specified herein from the successful bidder(s) at the contract price(s)
established herein so long as it does not create a schedule conflict. Municipality may not avail itself in
utilizing this contract, if services are required by the City of Miami during or approximately the
same time. The aforementioned shall be utilized only after the successful bidder(s) has been contacted and
agreed to provide said services at those established prices.
2.39. SAFETY MEASURES
Contractor shall take all necessary precautions for the safety of employees, and shall erect and properly
maintain at all times all necessary safeguards for the protection of the employees and the public. Danger
signs roaming against hazards created by his/her operation and work in progress must be posted.
All employees of contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and
hearing protection when and wherever applicable. The contractor shall use only equipment that is fully
operational and in safe operating order. Contractor shall be especially careful when servicing property
when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed.
2.40. TERMINATION
A. FOR DEFAULT
If Contractor defaults in its performance under this Contract and does not cure the default within 30 days
after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon
written notice without penalty to the City of Miami. In such event the Contractor shall be liable for
damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is
_..::determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is
• without his orhis subcontractor's control, fault or negligence, the termination will be deemed to be a
termination for the convenience of the City of Miami.
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B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when
it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or
software,and so terminated for. the convenience by the. City of Miami the Contractor will be compensated
in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so
terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions
of the Contract for those services rendered prior to termination.
2.41. ADDITIONAL TERMS AND CONDITIONS
No additional terns and conditions included with the solicitation response shall be evaluated or
considered, and any and all such additional terms and conditions shall have no force or effect and are
inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently,
appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood
and agreed that the General and Special Conditions in this solicitation are the only conditions applicable to
this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's
acknowledgment form attests to this.
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Invitation for Bid (IFB) 274253,4
3. Specifications
3.1. PURPOSE
The purpose of this Bid is to establish a term, fixed and firm price, contract, by means of sealed bids, for
Emergency Debris Removal and Disposal Services, as specified herein, on an as -needed, when needed
basis. Said companies shall provide prompt and efficient services to support the City of Miami for the
clean-up, pick-up, demolition, removal, reduction, hauling and disposal of debris as directed by the City in
order to eliminate immediate threats of life, public health, and safety as a result of any catastrophic events
such as tomadoes, hurricanes, severe storms or any other public emergency for the Department of Solid
Waste. Additionally, said companies will provide disaster recovery, technical support and technical
program management assistance. These services may involve comprehensive management of the City's
disaster recovery program that includes planning and executing debris collection and disposal and ensuring
compliance with all FEMA requirements relating to monitoring, truck and trailer certifications, load ticket
validations and ticket accounting services. In addition, selected Contractor(s) may be required to provide
community relations support during all phases of the disaster recovery including progress reports, damage
complaint investigations and resolutions and progress reports.
The work shall consist of clearing and removing any and all "eligible" debris (see below for a definition of
eligible debris) primarily from the public right-of-way (ROW) of streets and roads, as directed by the
Contract Administrator (CA). Work will include 1) examining debris to determine whether or not debris is
eligible, burnable or non burnable, 2) loading the debris, 3) hauling the debris to an approved dumpsite or
landfill, and 4) dumping the debris at the dumpsite or landfill. Ineligible debris will not be loaded, hauled,
or dumped under this contract. Burnable debris will be loaded separately from non -burnable debris. Mixed
loading of burnable and non -burnable will be kept to a minimum The CA will determine the appropriate
dumpsite for mixed loads.
Debris removal shall include all eligible debris found on the ROW within the area designated by the CA.
The CA may specify any eligible debris within the ROW which should not be removed, or which should be
removed at a later time. The Contractor(s) shall make as many passes through the designated area as
required by the CA. The Contractor(s) shall not move from one designated work area to another designated
work area without prior approval from the CA. Any eligible debris, such as fallen trees, which extends onto
the ROW from private property, shall be cut at the point where it enters the ROW, and that part of the
debris which lies within the ROW shall be removed. The Contractor(s) shall not enter onto private
property during the performance of this contract, unless specifically authorized by the CA.
3.2 DEFINITIONS
Chipping: Reducing wood related material by mechanical means into small pieces to be used as mulch or
fuel. Chipping and mulching are often used interchangeably
Debris: Scattered items and materials broken, destroyed, or displaced by a natural disaster such as trees,
construction, and demolition material, personal property.
Debris, Construction and Demolitions (C & D): Material generated from damaged or destroyed
structures including, but not limited to: wood waste (lumber), insulation, gypsum board, glass, concrete,
asphalt, bricks, roofing shingles, and roofing tiles. Much of this material can be recycled, if recycling
facilities are available.
Debris, Non -Vegetative: Includes, but not limited to, treated timber, plastic, glass, rubber products, metal
products, sheet rock, cloth items, non -wood building materials and carpeting. Some non -vegetative debris
is recyclable. Recyclable debris includes metal products, trailer parts, household appliances, or
uncontaminated soil.
Debris, Vegetative: Includes, but not limited to trees, limbs, branches, and foliage that have been broken,
destroyed, or displaced by a natural disaster.
Debris Clearance: Clearing the major road arteries by pushing debris to the roadside to accormnodate
emergency traffic.
Debris Removal: Picking up debris and taking it to a temporary storage site or permanent landfill.
Debris Disposal: Placing mixed' debris and/or residue from volume.reduction operations into an approved
landfill or recycling center.
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Invitation for Bid (IFB) 274253,4
Final Disposal Site: Site to be identified and secured by the Contract prior to the start of each hurricane
season for the disposal of vegetative debris.
Garbage: Waste that is regularly picked up by the City, such as food, plastics, wrapping, papers, etc.
Hazardous Waster Materials and products from institutional, commercial, recreational, industrial, and
agricultural sources that contain certain chemicals with one or more of the following characteristics, as
defined by the Environmental Protection Agency: (1) Toxic, (2) Flammable, (3) Corrosive and/or (4)
Reactive
Household Hazardous Waste: Used or leftover contents of consumer products that contain chemicals with
one or more of the following characteristics, as defined by the Environmental Protection Agency: (1)
{ Toxic, (2) Flammable, (3) Corrosive and/or (4) Reactive. Examples of household hazardous waste include
small quantities of normal household cleaning and maintenance products, latex and oil based paint,
cleaning solvents, gasoline, oils, swimming pools chemicals, pesticides, propane gas cylinders.
Recycling: The recovery and reuse of metals, soils, and construction materials that may have a residual
monetary value.
Rights -of -Way: The portions of land over which facility, such as highways, railroads, or power lines are
built. Includes land on both sides of the street up to the property line.
Storage Site: Also known as Temporary Staging Sites for Debris Processing and Reduction(TDSRS)
is a location where debris is temporarily stored until it is reduced in volume and/or taken to a permanent
landfill, recycling center, or other final disposal site.
Stumps: Tree stumps with base cut measurements less than 2 feet in diameter will be disposed of with the
same methods used for other vegetative debris. Tree stumps larger than 2 feet in diameter will be disposed
of by either splitting and burning or chipping/grinding. The method will be at the discretion of the City.
White Goods/Metals: Household appliances, such as refrigerators, freezers, stoves, washers, and dryers.
3.3 DEBRIS CLASSIFICATION
Eligible Debris: Debris that is within the scope of this contract falls under three possible classifications:
Burnable, Non -Burnable, and Recyclable. Debris that is classified as Household Hazardous Waste (HHW)
is not to be transported by this contract.
Ineligible Debris: Ineligible debris to remain in place includes, but is not limited to, chemicals, petroleum
products, paint products, asbestos, and power transformers.
Any material that is found to be classified as hazardous or toxic waste (HTW) shall be reported
immediately to the designated CA. At the CA direction, this material shall be segregated from the
remaining debris in such a way as to allow the remaining debris to be loaded and transported. Standing
broken utility poles, damaged and downed utility poles and appurtenances, transformers and other electrical
material will be reported to the. CA. Emergency workers shall exercise due caution with existing overhead
and underground utilities and above ground appurtenances, and advise the appropriate authorities of any
situation that poses a health or safety risk to workers on site or to the general population.
Burnable Debris: Burnable debris includes all biodegradable matter except that included in the following
definitions of other categories of debris. It includes, but is not limited to, damaged and disturbed trees;
bushes and shrubs; broken, partially broken and severed tree limbs; untreated structural timber; untreated
wood products; and brush.
Burnable Construction Debris: Burnable construction and demolition debris consists non -creosote
structural timber, wood products, and other materials designated by the City of Miami.
Non -Burnable Debris. Non -burnable debris includes, but is not limited to, treated timber;plastic; glass;
rubber products; metal products; dry wall; cloth items; non -wood buildingmaterials; metal products (i.e.
Mobile Trailer parts, Household appliances (White Metal),and similar items), or uncontaminated soil;
roofing materials; and carpeting.
Household Hazardous Waste (HHW). Household hazardous wastes, such as petroleum products, paint
products, etc., and known or suspected hazardous materials, such as asbestos, lead -based paint, or electrical
transformers shall be removed by others. Coordination for hazardous debris removal is the responsibility of
the City.
Stumps. Tree sttimps located within the ROW with are one-half or more of he root ball exposed will be
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Invitation for Bid (IFB) 274253,4
removed. Tree stumps with base cut diameter measurements less than or equal to 24 inches (measured 24
inches up from where the tree originally exited the ground) will be considered to be burnable debris and
removed of with the same methods used for other burnable debris. Tree stumps larger than 24 inches in
diameter will be removed of as splitting, burning or chipping/grinding and paid for in accordance to the
MEASURMENT and PAYMENT paragraphs in this contract.
3.4 SCOPE OF WORK
Disaster Recovery Management Contractor(s)s to support the City of Miami in the management of debris,
vegetative debris, pick-up, hauling, and final disposition at a state/federal permitted disposal facility
meeting all regulatory requirements resulting from, but not limited to, catastrophic events such as
hurricanes, tornadoes or severe storms. These services may involve comprehensive management of the
City's disaster recovery program including:
1. Planning and execution of all debris collection and removal operations as directed by the City.
2. Pre -staging of equipment and personnel.
3. Emergency Road Clearance
• Removal of debris from the primary arterial roadways and the primary transportation routes as
directed by the City
Schedule of timeline for debris removal strategically citywide
4. Debris Removal from Public Property — Removal of debris from public rights -of -way. Removal of
debris beyond public rights -of -way, as necessary, to abate imminent and/or significant threats to the public
health and safety of the community.
5. Debris Removal from Private Property — Should an imminent threat of life, safety and health to the
general public be present on private property, the Contractor(s), as directed by the City, will accomplish the
removal of debris from private property.
6. Temporary Staging Sites for Debris Processing and Reductio (TDSRS)
Sand screening
Debris Sorting
Grinding and mulching operations
Reduction
The Contractor(s) will prepare and maintain a sufficient number of TDSRS sites to accept and process all
eligible storm vegetative debris. Preparation and maintenance of sites shall include maintenance of the
TDSRS approach and interior road(s) for the entire period of debris hauling, including provision of stone
for any roads that require stabilization for ingress and egress. Each site shall include a roofed inspection
tower sufficient for a minimum of three (3) inspectors (City, FEMA and Monitoring Consultant) for the.
inspection of all incoming and exiting loads. All debris shall be processed in accordance with federal, state
and local laws and FEMA standards,. rules and regulations. Processing shall include reduction by grinding.
Prior to reduction, all debris shall be segregated between vegetative debris, construction and demolition
debris, recyclable debris, white goods and hazardous waste.
7. Infrastructure Damage and Repair Assessments
All damages property/vehicle/utility shall be reported and resolved by the Contractor(s)
All temporary staging sites shall be returned to pre-existing condition when project is completed
(sodding, fencing, paved roads, etc.)
8. General Hazardous Waste Abatement — Abatement of hazardous waste identified by the City in
accordance with all applicable federal, state and local laws and FEMA standards, rules and regulations.
9. Debris Disposal — Disposal of all eligible debris, reduced debris and other products of the debris
management process in accordance with all applicable federal, state and local laws and FEMA standards,
rules and regulations.
10. Planning and execution of all reduced vegetative debris pickup, hauling and delivery of material to
final destination for disposal.
11. Final disposal must be at a state/federal permitted facility meeting all regulatory requirements for
disposition. •
12. All trucks will be certified by the City's monitoring company.
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Invitation for Bid (IFB) 274253,4
13. All trucks will be properly labeled pursuant to the criteria of the City's procedure for hauling debris
from temporary staging sites.
14. Contractor(s) must provide load tickets and disposal tickets for final disposition verification as
certified by the City or City's Monitoring Company.
15. Infrastructure Damage and Repair Assessments
• All damages property/vehicle/utility shall be reported and resolved by the Contractor(s)
16. Documentation and Inspections — Storm debris shall be subject to inspection by appropriate state
agencies (FEMA, DERM, etc.) Inspections will be to insure compliance with the contract and applicable
federal, state, and local laws, and FEMA standards, rules, and regulations. The Contractor(s) will, at all
times provide the City access to all work sites (temporary staging areas and disposal areas even if site is not
City property). The Contractor(s) and the City will have in place at the Temporary Debris Staging and
Reduction (TDSRS's) personnel to verify and maintain records regarding the contents and cubic yards of
the vehicles entering and leaving the TDSRS's.
17. Work Areas - The City shall establish and approve all areas that the Contractor(s) will be allowed to
work, including the number of crews necessary to accomplish the task and daily updates of completion.
The Contractor(s) will remove all eligible debris and leave the site and locations from which the debris was
removed in a clean and neat condition.
18. White Goods — The Contractor(s) may expect to encounter white goods available for disposal. White
goods will constitute household appliances as defined in the Florida Administrative Code. The
Contractor(s) will dispose of all white goods encountered in accordance with applicable federal, state and
local laws. •
19. Hazardous Stumps — The Contractor(s) shall remove all stumps that are determined to be hazardous to
public access and as directed by the City. The City, through their monitors will measure each stump three
(3) feet above normal ground level, to determine the diameter of the trunk. Once the diameter is
established the stump will be physically removed by the best means available. Stumps shall be hauled to
TDSRS where they shall be inspected prior to grinding. If left in the ground the stumps will be cut flush to
the ground and then grind, all roots must be removed and holes filled with dirt. Pricing should be
submitted for the following:
• Stumps 25 inches in diameter but less than 37 inches in diameter
Stumps 37 inches in diameter but less than 49 inches in diameter
Stumps equal to or greater than 49 inches in diameter
20. Tree Removal and Tree Hangers (Public Owned and Maintained Areas) The Contractor(s)shall
remove both downed and leaning trees (including stump associated with such a tree), hangers, and broken
limbs that pose.a significant threat to public health and safety as directed by the City. The City, through
their monitors, will measure each tree three (3) feet above normal ground level. To determine the diameter
established, the tree will be physically removed by the best means available. Pricing for this scope of
service should be detailed as follows and provided on a cradle to grave basis, which is one price for
removal and transport to final destination:
Trees up to, but less than 6 inches in diameter
Trees 6 inches in diameter and up, but less than 12 inches
Trees 12 inches in diameter and up, but less than 24 inches
Trees 24 inches in diameter and up, but less than 48 inches
Trees equal to or greater than 48 inches indiameter
The removal of hanging or broken limbs will be conducted on a per cost tree basis (regardless of the
number of hangers removed) up to a height of 65 feet, at the city's discretion. Pricing shall be provided on
a cradle to grave basis, which is one price for removal through disposal at final destination.
21. Fill Dirt — The Contractor(s) shall place compacted fill dirt in holes created by removed stumps and/or
ruts created by equipment that pose a hazard to public access by direction of the City or in any other
location as directed by the City.
22. Documentation and Recovery Process — Contractor(s) will provide the following:
Recovery process documentation — create recovery process documentatiop.plan..
Maintain documentation of recovery process.
Provide written and oral status reports as requested by the City.
Review documentation for accuracy and quantity.
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Invitation for Bid (IFB) 274253,4
Assist in preparation of claim documentation as required.
23. Flag Personnel:
• The Contractor(s) shall provide suitably qualified and equipped flag personnel when debris removal
operations encroach on traffic lanes.
The regulation of traffic by flag personnel shall be in accordance with the requirements of FDOT or
the authority having jurisdiction
24. Flares and Lights:
• During periods of low visibility, Contractor(s) shall provide flares and Lights to guide traffic, if
necessary, to clearly delineate traffic lanes, Illuminate parking areas, and to warn of hazardous areas.
• Flag personnel shall use lights in directing traffic during periods of low visibility.
25. Parking Control:
• Contractor(s) shall control all Contractor(s) related vehicular parking so as to not interfere with
public traffic access and parking, access to Emergency vehicles, the City's operations or work
operations.
Contractor(s) shall ensure free vehicular access to and through the Parking areas.
Contractor(s) shall not permit parking on or adjacent to access roads or in non -designated areas.
26. Posted Speed Limits
Contractor(s) and his/her staff will adhere to all posted speed limits per Department of
Transportation (DOT) regulations. Additionally, adherence to speed limits posted at temporary
staging sites are required.
Contractor(s) shall require all Contractor(s) related vehicular traffic to adhere to all Depai tuient of
Transportation toll station criteria.
27. Posted Weight Limits
Contractor(s) and his/her staff will adhere to all posted weight limits per the Department of
Transportation (DOT) regulations.
28. Cost Structure
Pricing must be provided on a cost per cubic yard and on a tonnage basis
Where specified pricing shall be provided on a cradle to grave basis
Pricing:
Hauling $ per/CY $ per Ton
Disposal $ • per/CY $ per Ton
Single Fee $ per/CY $ per Ton
(Single Fee=Hauling + Disposal)
3.5 CONTRACTOR(S) PERFORMANCE NOT TO INTERFERE WITH FEDERAL, STATE,
LOCALAND OTHER GOVERNMENTAL ACTIVITY
The Contractor(s) shall conduct the work so as not to interfere with the disaster response and
recovery activities of Federal, State, and Local governments or agencies, or of any public
utilities:
3.6 CITY'S RIGHT TO INSPECT SITE, QUANTITIES, AND OPERATIONS
The City or its designee reserves the right to inspect the site, verify quantities, and review operations at any
time.
3.7 LOAD TICKETS
"Load tickets" will be used for recording volumes of debris removal(See Attachment E).
Each ticket will contain the following information:
Ticket Number
Contract Number
Date
Contractor(s) Name
Site Departure Time
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Invitation for Bid (IFB) 274253,4
Dump Arrival Time
Debris Classification
Debris Quantity
3.8 DISTRIBUTION AND VALIDATION OF LOAD TICKETS
Load tickets will be issued by a CA or designee prior to departure from the loading site. The CA or
designee will keep one copy of the ticket, and give three copies to the vehicle operator. Upon arrival at the
dumpsite, the vehicle operator will give the three copies to the CA or designee at the dumpsite, the CA or
designee will validate, retain one copy and give two copies to driver for the Contractor's records, (one copy
for the sub-Contractor(s) and one copy for the prime
Contractor(s).
3.9 DUMPSITES
The Contractor(s) shall use only debris dumpsites designated by the City as temporary or permanent by
Contractor(s) in this bid. Contractor(s) must provide location(s) of permanent dumpsites. The
Contractor(s) shall haul non -burnable debris to the site designated for non -burnable debris and burnable
debris to the burn sire designated. The dumpsite operator shall direct all dumping operations. The
Contractor(s) shall cooperate with the dumpsite operator to facilitate effective dumping operations.
3.10 : PERFORMANCE SCHEDULE AND LIQUIDATED DAMAGES
The Contractor(s) shall commence performance on the commencement date indicated on the purchase
order. The Contractor(s) shall, with the CA direction, perform services consistent with the plan showing
where operations will begin and which streets/roads will be cleared on a 2, 7, 14 day projection. The plan
will be updated every 2 days. Maximum allowable time for completion in calendar days will be indicated in
the purchase order, unless the City initiates additions or deletions to the contract by written change orders.
Subsequent changes in completion time will be equitably negotiated by both parties pursuant to applicable
State and Federal law. Liquidated damages shall be assessed at $1,000 per calendar day for any time over
the maximum allowable time established by the contract.
3.11 TRUCKS AND EQUIPMENT
All trucks and other equipment must be in compliance with all applicable federal, state, and local law, and
FEMA rules and regulations. Any truck used to haul debris must be capable of rapidly dumping its load
without the assistance of other equipment; be equipped with a tailgate that will effectively contain the
debris during transport and permit the truck to be filled to capacity; and measured and marked for its load
capacity.
Sideboards or other extensions to the bed are allowable provided they meet all applicable rules and
regulations, cover the front and both sides, and are constructed in a manner to withstand severe operating
conditions. The sideboards are to be constructed of 2" by 6" boards or greater and not to extend more than
two feet above the metal bedsides. The CA must approve all requests for extensions. Equipment will be
inspected prior to its use by the Contract Administrator or designee.
Trucks and other heavy equipment designated for use under this contract shall be equipped with two signs;
one attached to each side indicating primary Contractor(s) or Subcontractor(s) name.
Prior to commencing debris removal operations, the Contractor(s) shall present to the City's representative
or designee a listing of all trucks or trailers that will be used for hauling debris, for the purpose of
determining hauling capacity. The hauling capacity will be based on the interior dimensions of the truck's
metal dump bed. Hauling capacity, in cubic yards, will be recorded and marked on each truck or trailer with
permanent markings. Each truck or trailer will also be numbered for identification with a permanent
marking. Trucks or equipment which are designated for use under this contract shall not be used for any
other work during the working hours of this contract. The Contractor(s) shall not solicit work from private
citizens or others to be performed in the designated work area during the period of this contract. Under no
circumstances will the Contractor(s) mix debris hauled for others with debris hauled under this contract.
Equipment used under this contract shall be rubber tired and sized properly to fit loading conditions.
Excessive size equipment (6 CY and up) and non -rubber tired -equipment must -be -approved by the CA. •
3.12 REPORTING
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Invitation for Bid (IFB) 274253,4
The Contractor(s) shall submit a report to the CA during each day of service performed.
Each report shall contain, at a minimum, the following information:
Contractor(s)'s Name
Contract Number
Crew
Location of work
Day of Report
Daily and cumulative totals of debris removed, by category
Discrepancies between the daily report and the corresponding load tickets will be reconciled
no later than the following day (See Attachment F).
3.13 SUPERVISION OF LABOR AND CONTRACTOR(S)RESPONSIBILITY FOR
EMPLOYEES SAFETY AND COMPENSATION
The Contractor(s) shall supervise and direct the work, using skillful labor and proper equipment for all
tasks. The Contractor is solely responsible for the means, methods, techniques, sequences, safety program
and procedures. Safety of the Contractor's and Subcontractor's personnel and equipment is the
responsibility of the Contractor(s) and its' Subcontractors.
Contractor(s) shall employ and maintain on work site(s), a qualified supervisor(s) who shall have full
authority to act on behalf of the Contractor and all communications given to the supervisor by the CA shall
be as binding as if given to the Contractor.
Additionally, the Contractor(s) shall pay for all materials, personnel, taxes, and fees necessary to perform
under the terms of this contract.
3.14 LICENSES AND PERMITS
The Contractor(s) must be duly licensed in accordance with the state's statutory requirements to
perform the work. The Contractor(s) shall obtain all permits necessary to complete the work. The
Contractor(s) shall be responsible for determining what permits are necessary to perform under the
contract. Copies of all permits shall be submitted to the CA.
315 CORRECTIVE ACTIONS
The Contractor(s) shall be responsible for taking corrective action in response to any notices of violations
issued as a result of the Contractor(s) or any SubContractor(s) actions or operations during the performance
of this contract. Corrections for any such violations shall be at no additional cost to the City.
3.16 MAINTENANCE OF TRAFFIC (M.O.T) PLAN
The Contractor(s) shall be responsible for control of pedestrian and vehicular traffic in the work area. The
Contractor(s) shall provide all flag persons, signs, equipment, and other devices necessary to meet Federal,
State, and Local requirements. The traffic control personnel and equipment shall be in additional to the
personnel and equipment required in other parts of this contract. At a minimum, one flag person should be
posted at each approach to the work area.
3.17 DEBRIS MEASUREMENT
Measurement for burnable debris removed will be by the cubic yard or per ton as predeterminedthrough
truck bed measurement. Trucks with less than full capacities will be adjusted down byvisual inspection or
as indicated by truck scales by the CA. Measurement will be documented by load tickets.
Measurement for non -burnable debris removed will be by the cubic yard or per ton as predetermined
through truck bed measurement. Trucks with less than full capacities will be adjusted down by visual
inspection or as indicated by truck scales by the CA. Load tickets will document measurement.
Measurement for payment of stumps removed with 25 to 36 inch diameters base cuts (measured 24 inches
up from where the tree originally exited the ground) shall be per,stump.
::Measurement for payment of stumps removed with 37 to 48 inch diameter base cuts (measured 24 inches
up from where the tree originally exited the ground) shall be per stump.
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Invitation for Bid (IFB) 274253,4
Measurement for payment of stumps removed with 49 inch and larger diameter base cuts (measured 24
inches up from where the tree originally exited the ground) shall be per stump.
3.18 PAYMENT
Payment for the removal of burnable debris (including stumps 24 inches and smaller) to include all cost
associated with loading, hauling and dumping will be paid for under the contract bid item for Burnable
Debris.
Payment for the removal of non -burnable debris to include all cost associated with loading, hauling and
dumping will be paid for under the contract bid item for Non -burnable Debris.
Payment for the removal of stumps, 25 inches and larger, to include all cost associated with loading,
hauling and dumping will be paid for under the contract bid item for the appropriate size category for
Stumps.
Payment for mobilization and demobilization will be in a lump sum and paid for under the contract bid
item for Mobilization and Demobilization.
- Payment for work completed may be invoiced on a bi-weekly basis. Invoices will be based on verified
quantities from the daily operational reports and valid load tickets.
The Contractor(s) will be entitled to invoice for 60% of the mobilization and demobilization line item after
all equipment is delivered to the designated work site. The remaining 40% will be due after all equipment is
removed from the work site and receipt of a proper invoice.
All payments made under this contract will be in accordance with PAYMENTS clauses located in other
sections of this contract.
The City may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
Non -satisfactory work not remedied
Claims filed or reasonable evidence indicating probable filing of claims by other parties against
Contractor or City because of Contractor's performance
Failure of Contractor to make payments properly to Subcontractors or for material or labor.
Damage to another contractor not remedied
• Liquidated damages and costs incurred by City for failure to perform
• Failure of Contractor to provide any and all documents required.
When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall
be made in whole or in part.
3.19 RETAINAGE FEE
The City shall withhold a retainage fee in the amount of ten percent (10%) of the value of the work of the
estimated amount of the project completed. Additionally, said amount shall be withheld until all site
reclamation is completed in accordance with all Federal, State and Local laws, standards and regulations.
Site reclamation shall be accomplished in accordance with the Contractor(s)'s Debris Management Plan.
Temporary Staging Site Areas will be restored to its Pre -Use Condition. All costs for site reclamation shall
be required as a part of this bid. Upon successful completion of same, retainage amount shall be released
upon the CITY'S certification of all required criteria has been successfully completed and releases of liens
received by contractor and subcontractor(s).
3.20 FINAL RELEASE OF LIEN BY CONTRACTOR AND SUBCONTRACTOR(S)
Before issuance of the Final Release of Lien by Contractor for Payment, CONTRACTOR shall deliver to
the City a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an
affidavit certifying that all subcontractors have been paid in full and that all other indebtedness connected
with the Work has been paid, and a consent of the surety to final payment (See Attachment G).
3.21 TEMPORARY DEBRIS STAGING AND REDUCTION SITE (TDSRS)
Debris shall be removed citywide and taken to a temporary debris staging and reduction site. The primary
staging site will be the -City of Miami's Virginia Key Compost Facility located at 3701-Rickenbacker
Causeway (other staging sites will be identified as needed). The;primary facility will be used to temporarily.
store debris for reduction -and subsequent hauling for final disposals The Contractor(s) shall provide an
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Invitation for Bid (IFB) 274253,4
on -site indoor/office workspace and any necessary utilities, connection and hook ups independent of the
City.
Additionally, the two other sites utilized in the past for debris management, Biscayne Park and Athalie
Range Park, have subsequently had extensive improvements made that were not in place previously.
In recognition of the changing needs of the City with respect to limited potential TDSRS locations, current
property development within the City and the need to acquire additional sites within the City to support a
significant debris generating event, the potential to utilize sites with substantial improvements above and
beyond sites utilized in the past needs to be addressed.
The following additional provisions for extensive temporary site restoration, if required, will apply and
include but are not limited to the following:
1. Evaluate each potential temporary debris staging site as presented by the City on an individual basis to
develop the appropriate plan for optimal use, preparing the site for debris storage and for subsequent
restoration after operations cease.
2. Provide to the City a video record of the pre- and post -use site conditions.
3. Prepare a plan of proposed site layout and review with the City prior to its implementation.
4. At the direction of the City, and based on City approved plan, preparations shall be made for the
removal of pertinent site improvements such as fencing, lighting, irrigation, etc. to be stored appropriately
for reinstallation, as feasible, after operations cease.
5. Upon closure of the TDSRS, restore the TDSRS to its pre -use condition, meeting all regulatory
requirements for the site closure; survey the site to verify that it has been restored to pre -use elevation and
condition.
6. As directed by the City, sod, hydro -seed or sprig the TDSRS property once all other site closure issues
have been addressed and cleared by the appropriate environmental agency.
7. As directed by the City, reinstall and/or replace all deconstructed site elements removed for debris
operations back to pre -disaster conditions.
8. As directed by the City, Contractor shall provide an itemized proposal to the City for review and
approval prior to commencement of restoration activities including but not limited to the above items.
3.22 SERVICES AND FACILITIES
Contractor(s) shall provide and pay for all labor, tolls, equipment, transportation, supervision, and all other
services and facilities of any nature whatsoever necessary to execute, complete and deliver the services
within the time specified in the Purchase Order
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Invitation for Bid (IFB) 274253,4
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IFB 274253
ATTACHMENT A
Trucks and Equipment List for Primary Contractor
Trucks and Equipment List: List all owned trucks and equipment Bidder has in its possession to service the City with
Emergency Debris Removal and Disposal Services at the time of bid submittal. Bidder shall provide the type of truck or
equipment, make, model, license plate number, state registered in, truck or equipment identification number with pictures
of all trucks and equipment, and copies of ownership, purchase, or leasing documentation for each item.
PRIMARY CONTRACTOR
TRUCK/EQUIPMENT
TYPE
MAKE
MODEL
LICENSE
PLATE NO.
STATE
REGISTERED IN
TRUCK/EQUIPMENT
IDENTIFCATION NO.
IFB 274253
ATTACHMENT B
Truck and Equipment List for Subcontractors
Trucks and Equipment List: List all owned trucks and equipment Bidder has in its possession to service the City with
Emergency Debris Removal and Disposal Services at the time of bid submittal. Bidder shall provide the type of truck or
equipment, make, model, license plate number, state registered in, truck or equipment identification number with pictures
of all trucks and equipment, and copies of ownership, purchase, or leasing documentation for each item.
SUBCONTRACTOR(S)
SUBCONTRACTOR NAME:
TRUCK/EQUIPMENT
TYPE
MAKE
MODEL
LICENSE
PLATE NO.
STATE
REGISTERED IN
TRUCK/EQUIPMENT
IDENTIFCATION NO.
SUBCONTRACTOR NAME:
TRUCK/EQUIPMENT
TYPE
MAKE
MODEL
LICENSE
PLATE NO.
STATE .
REGISTERED IN
TRUCK/EQUIPMENT
IDENTIFCATION NO.
IFB 274253
ATTACHMENT C
PERFORMANCE AND PAYMENT BOND REQUIREMENTS
The successful bidder shall furnish a Performance Bond, as stipulated on the Special Conditions of this IFB.
The following specifications shall apply to the bond required:
A. All bonds shall be written through surety insurers authorized to do business in the State of Florida as surety,
with the following qualifications as to management and financial strength according to the latest edition of
Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey:
Bond Amount Best Rating
0 to 500,000 B V
500,001 to 1,500,000 B+ VI
1,500,001 to 2,500,000 . A VII
2,500,001 to 5,000,000 A VIII
5,000,000 to 10,000,000 A IX
Over 10,000,000 A+ X
B. Surety insurers shall be listed in the latest Circular 570 of the U.S. Department of the Treasury entitled
"Surety Companies Acceptable on Federal Bonds", published annually. The bond amount shall not exceed
the underwriting limitations as shown in this circular.
C. For contracts in excess of 500,000 the company must have been listed for at least three consecutive years,
or holding a valid Certificate of Authority of at least 1.5 million dollars and on the Treasury List.
D. Surety Bonds guaranteed through U.S. Govemment Small Business Administration or Contractors Training
and Development Inc. will also be acceptable.
E. In lieu of a Performance Bond, an irrevocable letter of credit or a cash • bond in the form of a certified
cashier's check made out to the City of Miami will be acceptable. All interest will accrue to the City of Miami
during the life of this contract and as long as the funds are being held by the City.
F. The attorney -in -fact or other officer who signs a contract bond for a surety company must file with such bond
a certified copy of power of attorneyauthorizing the officer to do so. The contract bond must be counter
signed by the surety's resident Florida agent. ..
The City of Miami reserves the right to reject any and all security tendered to the City.
The undersigned bidder acknowledges that (s)he has read the above information and agrees to comply with the
above requirements.
Bidder: Signature:
(Company name)
Date:
Print:
Name:
FAILURE TO COMPLETE; SIGN, AND RETURN THIS FORM IF REQUIRED SHALL DISQUALIFY THIS BID.
ATTACHMENT C-1
FORM OF PERFORMANCE BOND
(Page lof 3)
IFB 274253
BY THIS BOND, We , as Principal,
hereinafter called CONTRACTOR, and , as Surety, are
bound to the City of Miami, Florida, as Obligee, hereinafter called 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 has by written agreement entered into a Contract,
Bid/Contract No.: , awarded the day of
20 , with CITY which Contract Documents are by reference incorporated herein and
made a part hereof, and specifically include provision for liquidated damages, and other
damages identified, and for the purposes of this Bond are hereafter referred to as the
"Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and CITY for the services of
, the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the
Contract; and
2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains as a result of default by
CONTRACTOR under the Contract;. and
1r13 274253
FORM OF PERFORMANCE BOND
(Page 2of 3)
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT
REMAINS IN FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and declared by CITY to be, in default under
the Contract, CITY having performed CITY obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the
terms and conditions of the Contract Documents, and upon
determination by Surety of the lowest responsible Bidder, or, if CITY
elects, upon determination by CITY and Surety jointly of the lowest
responsible Bidder, arrange for a contract between such Bidder and
CITY, and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds
to pay the cost of completion Tess the balance of the Contract Price; but
not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph
hereof. 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 CITY to CONTRACTOR.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than 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 or the changes does not affect Surety's obligation
under this Bond.
Signed and sealed this day of , 20
FORM OF PERFORMANCE BOND
(Page 3 of 3)
WITNESSES:
Secretary By:
(CORPORATE SEAL)
IFB 274253
(Name of Corporation)
(Signature)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
TB 274253
ATTACHMENT C-2
FORM OF PAYMENT BOND
(Page 1 of 3)
BY THIS BOND, We , as
Principal, hereinafter called CONTRACTOR, and
as Surety, are bound to the City of Miami,
Florida, as Obligee, hereinafter called 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 has by written agreement entered into a Contract,
Bid/Contract No.: awarded the day of
, 20 , with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains because of default by
CONTRACTOR. under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute
255.05(1) for all labor, materials and supplies used directly or indirectly by
CONTRACTOR in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO
THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR
and who has not received payment for its labor, materials, or supplies
shall, within forty-five (45) days after beginning to furnish labor,
materials, or supplies for the prosecution of the work, furnish to
IFB 274253
FORM OF PAYMENT BOND
(Page 2 of 3)
CONTRACTOR a notice that he intends to look to the bond for
protection.
2.2. A claimant who is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within ninety
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to CONTRACTOR and to the Surety,
written notice of the performance of the labor or delivery of the materials
or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
CONTRACTOR or the Surety unless the notices stated under the
preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
longer of the applicable Notice and Time Limitations provisions
prescribed 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 or the changes does not affect the Surety's
obligation under this Bond.
Signed and sealed this day of ,_20
ATTEST:
(Secretary)
(Corporate Seal)
By:
CONTRACTOR
(Name of Corporation)
(Signature)
(Print Name and Title)
day of ,20
IFB 274253
FORM OF PAYMENT BOND
(Page 3 of 3)
IN THE PRESENCE OF:
INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
IFB 274253
(Page lof 2)
ATTACHMENT C-3
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
Amount:
in. United. States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on (Bank, Issuer name)
by order
of and for the account of
(branch address)
(contractor, applicant, customer)
up to an aggregate amount, in. United States Funds, of available
by your drafts at sight, accompanied by:
1. A signed statement from the City Manager or his authorized designee, that
the drawing is due to default in performance of certain obligations on the
part (contractor, applicant, customer) agreed upon
by and between the City of Miami, Florida and
(contractor), pursuant to the (applicant, customer)
Bid/Contract No. for (name of project) and
Section 255.05, Florida Statutes
Drafts must be drawn and negotiated not later than .(expiration
date)
TB 274253
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT
(Page 2 of 2)
Drafts must bear the clause: "Drawn under Letter of Credit No.
(Number), of (Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each
unless we provide the City of Miami with written notice of our intent to terminate the
credit herein extended, which notice must be provided at least thirty (30) days prior to
the expiration date of the original term hereof or any renewed one (1) year term.
Notification to the CITY that this Letter of Credit will expire prior to performance of. the
contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking
shall not in any way be modified, or amplified by reference to any documents,
instrument, or agreement referred to herein or to which this Letter of Credit is referred or
this Letter of Credit relates, and any such reference shall not be deemed to incorporate
herein by reference any document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn
under and in compliance with the terms of this credit that such drafts will be duly
honored upon presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final
Completion of the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision), Publication No. 500 and to the
provisions of Florida law. If a conflict between the Uniform Customs and Practice for
Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict
between the law of another state or country and Florida law should arise, Florida law
shall prevail.
Authorized Signature
IFB 274253
ATTACHMENT D
(Page 1 of 5)
U.S. Army Corps of Engineers Hurricane Debris Estimating Model
Background
• The U.S. Army Corps of Engineers (USACE) Emergency Management staff has developed a
modeling methodology designed to forecast potential amounts of hurricane generated debris.
• Based on actual data from Hurricanes Frederic, Hugo and Andrew.
• The estimated quantities produced by the model have a predicted accuracy of ± 3 0%.
• The primary factor used by the model is the number of households in a developed urban/suburban
area.
• Other factors utilized are:
• Cubic yards of debris generated per household per storm category.
• Vegetative cover.
• Commercial density.
• Precipitation.
• Household debris includes damage to the house, contents and surrounding shrubs/trees.
• Vegetative cover includes all trees and shrubbery located along public rights -of -way, parks and
residential areas.
• Commercial density includes debris generated by damage to businesses and industrial facilities.
• Private Contractor(s)s will remove the majority of commercial related debris; however,
disposal/reduction space is still required.
• Very wet storms will cause ground saturation, increasing tree fall.
Initial Planning Data
• For planning purposes, the worst case scenario should be used for the subject area.
• The most accurate process is to determine the defined areas by using Doppler Radar (National
Weather Service Broadcasts) and Geographical Information Systems (GIS).
• Doppler radar will define the storm's intensity and the exact track of the eye of the storm in relation -
to the affected area.
• Track the storm and plot the eye path and 5-mile wide bands out from the eye to define areas and
estimate wind speeds.
• The wind speed of the eye wall normally determines the reported storm category with the outward or
5-mile bands being a lesser category.
• Track the storm inland until the wind speeds dissipate below hurricane strength.
• Divide outlined areas by storm category.
• Enter coordinates into a GIS database to determine areas and demographic information, such as:
• Population.
• Schools.
• Businesses.
IFB 274253
(Page 2 of 5)
STEP 1—ESTIMATING DEBRIS QUANTITIES
The formula used in this model will generate debris quantity as an absolute value based on a
known/estimated population or a debris quantity per square mile based upon population density per
square mile.
• Determine population (P) in the affected area.
• For example, 2000 census data for City of Miami was, by rounding off the figure, 370,000.
• P = 370,000.
• The assumption of 3 persons per household (H) is used for this model.
• Known/estimated population (P) for a jurisdiction may be used to determine a value for H or
H=P/3.
Example
A category 4 storm passes through the City of Miami. The area is primarily single family dwellings
with some apartment complexes, schools, and shopping centers. Vegetation characteristic is heavy
because of the proliferation of residential landscape shrubbery and trees throughout the area. The storm
is very wet, with rain before and continuing for a few days after the hurricane..
Formula: Q=H(C)(V)(B)(S)
H= P/3= 370,000/3 =123,333 (3 persons/household)
C= 50 (Factor for a Category 4 storm)
V= 1.5 (Multiplier for heavy vegetation)
B=1.3 (Multiplier for heavy commercial due to
schools/stores/apartments)
S= 1.3 (Multiplier for wet storm event)
Then Q= 123,333 x50x1.5x1.3x1.3 =15,632,500 cubic yards of debris or 16 million cy
The Model Formula: Q= H (C)(V)(B)(S) where:
Q is the quantity of debris in cubic yards.
H is the number of households.
C is the storm category factor in cubic yards.
V is the vegetation characteristic multiplier.
B is the commercialbusiness/industrial use multiplier.
S is the storm precipitation characteristic multiplier.
IFB 274253
(Page 3 of 5)
C is the storm category factor as shown below. It expresses debris quantity in cubic yards (cy) per
household by hurricane category and includes the house and its contents, and land foliage.
HURRICANE
CATEGORY
VALUE OF "C"
FACTOR
1
2
3
/4
5
2 cy
8 cy
26 cy
/50 cy
80 cy
V is the vegetation multiplier as shown below. It acts to increase the quantity of debris by adding
vegetation, including shrubbery and trees, on public rights -of -way.
VEGETATIVE VALUE OF "V"
COVER MULTIPLIER
LIGHT 1.1
MEDIUM 1.3
✓HEAVY ✓1.5
B is the multiplier that takes into account areas that are not solely single-family residential, but includes
small retail stores, schools, apartments, shopping centers, and light industrial/manufacturing facilities.
Built into this multiplier is the offsetting commercial insurance requirement for owner/operator salvage
operations.
COMMERCIAL VALUE OF `B"
DENSITY MULTIPLIER
LIGHT 1.0
MEDIUM 1.2
✓HEAVY ✓1.3
S is the precipitation multiplier that takes into account either a "wet" or "dry" storm event. A "wet"
storm for category 3 or greater storms will generate more vegetative debris due to the uprooting of
complete trees.
PRECIPITATION VALUE OF "S"
CHARACTERISTIC MULTIPLIER
NONE TO LIGHT 1.0
✓MEDIUM TO HEAVY /1.3
NOTE: Steps 2 and 3 of this model can also be applied to other debris generating events
once an estimated quantity of debris is established.
IFB 274253
(Page 4 of 5)
STEP 2—DEBRIS STORAGE SITE REQUIREMENTS
• Estimate debris pile stack height of 10-feet.
• 60% usage of land area to provide for roads, safety buffers, burn pits and household hazardous waste
areas.
1 acre (ac) = 4,840 square yards (sy)
10 foot stack height = 3.33 yards(y)
total volume per acre = 4,840 sy/ac x 3.33 y= 16,117 cy/ac
• From the example above, the acreage required for debris reduction sites is:
15,632,500/ 16,117 cy/ac = 970 acres (required for debris storage only, no buffers, etc.)
• To provide for roads and buffers, the acreage must be increased by a factor of 1.66.
970 ac x 1.66 = 1,610 acres or, since one square mile (sm) = 640 acres 1610ac/640as/sm=2.52 sm.
• If you assume a 100 acre storage site can be cycled every 45 to 60 days or one time during the
recovery period, then 1,610/2 = 805 ac or nine 100 acre sites would be required.
• The number of sites varies with:
• Size.
• Distance from source.
Speed of reduction (mixed debris is slower than clean woody debris).
• Removal urgency.
• The USACE commonly removes approximately 70% ofthe total volume generated with local
governments, volunteer groups, and private individuals removing the remainder.
If 15,632,500 million cy were estimated, the USACE would estimate removing approximately 10.9
million cy of debris.
STEP 3—CATEGORIES OF DEBRIS
Debris removed will consist of two broad categories:
• Clean wood debris.
Construction and demolition (C&D) debris.
• The clean debris will come early in the removal process as residents and local governments clear
yards and rights -of -way.
• The debris removal mission can be facilitated if debris is segregated as much as possible at the origin
along the right-of-way, according to type.
The public should be informed regarding debris segregation as soon as possible after the storm.
IFB 274253
(Page 5 of 5)
• Time periods should be set for removal, the first 7-10 days clean woody debris only, then followed
by.other debris, with the metals segregated from non-metals.
• Most common hurricane -generated debris will consist of the. following:
30% Clean woody debris
70% Mixed C&D
Of the 70% mixed C&D.:
42% Burnable but requires sorting
5% Soil
15% Metals
38% Landfilled
• Based upon the above, 15,632,500 cy of debris would break down as follows:
4,689,750 cy Clean woody debris
10,942,750 cy Mixed C&D
• Of the 10,942,750 cy of mixed C&D, 4,595,850 cy is burnable but requires sorting, 547,125 cy is soil,
1,641,375 cy is metals, and 4,158,150 cy is landfilled.
• Burning will produce about 95% volume reduction.
• Chipping and grinding reduce the debris volume on a 4-to-1 ratio (4 cy is reduced to 1 cy) or by 75%.
• The rate of burning is basically equal to the rate of chipping/grinding, about 200 cy/hr. However,
chipping requires on -site storage and disposal of the chips/mulch.
lrl3 274253
ATTACHMENT E
Sample of Load Ticket
LOAD TICKET
TICKET NUMBER: 00001
CONTRACT NUMBER:
PRIME CONTRACTOR'S NAME:
DATE:
DEBRIS QUANTITY
Truck No:
Capacity (CY):
Load Size: Cubic Yards or Tons
Truck Driver:
State:
License Plate No.
DEBRIS CLASSIFICATION (Please X appropriate
classification)
Burnable
Non -Burnable
Mixed
Other.
LOCATION
Zone/Section
Dumpsite Location
ACTIVITY
Date :
Time: Contract Monitor:
Loading
Dumping
IFB 274253
ATTACHMENT F
Sample of Daily Report
DAILY REPORT
CONTRACTOR:
CONTRACT NO.:
DATE OF REPORT:
TRUCK NO.
CAPACITY
BURN SITE
TRIPS
C.Y.
TOTALS
PER TON
TOTAL
LANDFILL
TRIPS
C.Y.
TOTALS
1
2
3
4
5
6
7
8
9
10
DAILY TOTALS
DAILY REPORT
CONTRACTOR:
CONTRACT NO.:
DATE OF REPORT:
PROCESSING SITE
STUMPS 26"-36"
STUMPS 36"-48"
STUMPS >49"
1
2
3
4
5
6
7
8
9
10
DAILY TOTALS
IFB 274253
ATTACHMENT G
FORM OF FINAL RECEIPT OF PAYMENT AND RELEASE OF LIEN BY CONTRACTOR
STATE OF FLORIDA
COUTY OF MIAMI-DADE:
FINAL RECEIPT AND RELEASE OF LIEN FOR CONTRACT NO & TITLE.
The undersigned contractor does hereby acknowledge this day of
20 , from City of Miami, Florida, receipt the sum of Dollars
($ ) as full and final payment to CONTRACTOR for all work and materials for the Project described as:
This sum includes full and final payment for all extra work and material and all incidentals.
CONTRACTOR hereby indemnifies discharges and releases CITY from all liens, lien rights, claims, or
demands whatsoever arising out of the Contract and Project against the City of Miami arising out of said contract or in
connect herewith.
CONTRACTOR hereby certifies that all persons doing work upon or fumishing materials or supplies for the
Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies,
CONTRACTOR may submit a consent of surety to final payment in a form satisfactory to CITY.
CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax
Act), as amended, have been paid and discharged.
An Affidavit on behalf of the contractor, signed by , has been
fumished to the City of Miami, as well as final releases of lien executed by all materialmen and subcontractor
regardless of their tier.
IN WITNESS WHEREOF, the contractor has caused this release to executed in its -name and under its seal
by its proper officers, this • day of • , 20 .
Signed, Sealed and Delivered
In the Presence of:
ATTEST:
CONTRACTOR
(Name of Corporation)
By:
(Corporate Secretary) (Signature)
(Corporate Seal)
[If not incorporated sign below.]
WITNESSES:
(Print Name and Title)
CONTRACTOR
(Name of Firm) "
By:
(Signature)
(Print Name and Title)
ATTACHEMENT H: SAMPLE COMMITMENT LETTER
This is an example of an acceptable commitment letter. The letter must be issued and signed by
the Surety Company, not the Agent, and must be submitted with the Proposal.
Date
Re: Surety Bond Commitment
Standby Contract for Emergency Debris Removal and Disposal Services
Dear
I am pleased to advise you that we have approved in principle a $5,000,000 Performance and
Payment Bond for your company for the benefit of . This Performance and
Payment Bond will be for the successful contract completion of the work set forth in that
solicitation IFB274253 for a Standby Contract for Emergency Debris Removal and Disposal
Services.
Our company is a surety or insurance company currently listed on the U.S. Department of the
Treasury Financial Management Service list of approved bonding companies which is published
annually in the Federal Register, with at least an A -rating in the latest printing of the A.M. Best's
Key Rating guide to write individual bonds up to ten (10) percent of policyholder's surplus as
shown in the A.M. Best's Key Rating guide and is licensed to issue surety bonds in the State of
If you are the successful bidder on this contract, the Performance and Payment Bond will be
issued within seven (7) days of written notification from the City of Miami. The bond will be
issued for the total amount of the estimated value of the contract up to $50,000,000. This
amount is subject to an increase depending on the magnitude of the disaster, and as may be
agreed upon by all parties involved. _.
This letter constitutes our commitment based upon information and documentation you have
submitted. Any obligation to issue the Performance and Payment Bond will arise only upon the
satisfactory preparation, execution and delivery of documentation in form and substance
satisfactory to our company. This commitment is valid for a period of fourteen (14) months from
the date hereof.
Name,
Title, Insurance, Surety Company
Required Contract Provisions Federal -Aid Construction Contracts
FHWA-1273 Electronic Version — March 10, 1994
I. General 1
II. Nondiscrimination 2
III. Nonsegregated Facilities 6
IV. Payment of Predetermined Minimum Wage 7
V. Statements and Payrolls 12
VI. Record of Materials, Supplies, and Labor 14
VII. Subletting or Assigning the Contract 14
VIII. Safety: Accident Prevention 15
IX. False Statements Concerning Highway Projects 16
X. Implementation of Clean Air Act and Federal Water Pollution Control Act 17
XI. Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion 17
XII. Certification Regarding Use of Contract Funds for Lobbying 21
Attachments
A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) 23
I. GENERAL
1. These contract provisions shall apply to all work performed on the contract by the
contractor's own organization and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the contract by piecework, station
work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor shall insert in each
subcontract all of the stipulations contained in these Required Contract Provisions, and
further require their inclusion in any lower tier subcontract or purchase order that may in turn
be made. The Required Contract Provisions shall not be incorporated by reference in any
case. The prime contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required Contract Provisions shall be
sufficient grounds for termination of the contract.
4. A breach of the following clauses of the Required Contract Provisions may also be grounds
for debarment as provided in 29 CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g., .-.,,
1
Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and
Section V.of these Required Contract Provisions shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accordance with the procedures of
the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or any of its subcontractors)
and the contracting agency, the DOL, or the contractor's employees or their representatives.
6. Selection of Labor: During the performance of this contract, the contractor shall not:
a. discriminate against labor from any other State, possession, or territory of the United
States (except for employment preference for Appalachian contracts, when
applicable, as specified in Attachment A), or
b. employ convict labor for any purpose within the limits of the project unless it is labor
performed by convicts who are on parole, supervised release, or probation.
II. NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or
more.)
1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not
to discriminate and to take affirmative action to assure equal opportunity as set forth under
laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and
orders of the Secretary of Labor as modified by the provisions prescribed herein, and
imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action
standards for the contractor's project activities under this contract. The Equal Opportunity
Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the
American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and
29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract,
the contractor agrees to comply with the following minimum specific requirement activities of
EEO:
a. The contractor will work with the State highway agency (SHA) and the Federal
Government in carrying out EEO obligations and in their review of his/her activities
under the contract.
b. The contractor will accept as his operating policy the following statement:
"It is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment,
without regard to their race, religion, sex, color, national origin, age
or disability. Such action shall include: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship, preapprenticeship,
and/or on-the-job training." •
2
2. EEO Officer: The contractor will designate and make known to the SHA contracting officers
an EEO Officer who will have the responsibility for and must be capable of effectively
administering and promoting an active contractor program of EEO and who must be
assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire,
supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the
contractor's EEO policy and contractual responsibilities to provide EEO in each grade and
classification of employment. To ensure that the above agreement will be met, the following
actions will be taken as a minimum:
a. - Periodic meetings of supervisory and personnel office employees will be conducted
before the start of work and then not less often than once every six months, at which
time the contractor's EEO policy and its implementation will be reviewed and
explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough
indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO
obligations within thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the project will be instructed
by the EEO Officer in the contractor's procedures for locating and hiring minority
group employees.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas
readily accessible to employees, applicants for employmentand potential
employees.
e. The contractor's EEO policy and the procedures to implement such policy will be
brought to the attention of employees by means of meetings, employee handbooks,
or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will include in all
advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minority
groups in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct
systematic and direct recruitment through public and private employee referral
sources likely to yield qualified minority group applicants. To meet this requirement,
the contractor will identify sources of potential minority group employees, and
establish with such identified sources procedures whereby minority group applicants
may be referred to the contractor for employment consideration.
= In the event the contractor has a valid bargaining agreement providing for exclusive
• hiring •hall referrals, he is expected to observe the provisions of that agreement to
the extent that the system permits the contractor's compliance with EEO contract
provisions. (The DOL has held that where implementation of such agreements have
3
the effect of discriminating against minorities or women, or obligates the contractor
to do the same, such implementation violates Executive Order 11246, as amended.)
c. The contractor will encourage his present employees to refer minority group
applicants for employment. Information and procedures with regard to referring
minority group applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee benefits shall be established
and administered, and personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race,
color, religion, sex, national origin, age or disability. The following procedures shall be
followed:
a. The contractor will conduct periodic inspections of project sites to insure that
.working_ conditions and employee.facilities do not indicate discriminatory treatment
of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to
determine whether there is evidence of discrimination. Where evidence is found, the
contractor will promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such corrective action shall
include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made
to the contractor in connection with his obligations under this contract, will attempt to
resolve such complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the discrimination may affect
persons other than the complainant, such corrective action shall include such other
persons. Upon completion of each investigation, the contractor will inform every
. complainant of all of his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minority
group and women employees, and applicants for employment.
b. Consistent with the contractor's work force requirements and as permissible under
Federal and State regulations, the contractor shall make full use of training
programs, i.e., apprenticeship, and on-the-job training programs for the geographical
area of contract performance. Where feasible, 25 percent of apprentices or trainees
in each occupation shall be in their first year of apprenticeship or training. In the
event a special provision for training is provided under this contract, this
subparagraph will be superseded as indicated in the special provision.
c. The contractor will advise employees and applicants for employment of available
training programs and entrance requirements for each.
4
d. The contractor will periodically review the training and promotion potential of minority
group and,women employees and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees,
the contractor will use his/her best efforts to obtain the cooperation of such unions to
increase opportunities for minority groups and women within the unions, and to effect
referrals by such unions of minority and female employees. Actions by the contractor either
directly or through a contractor's association acting as agent will include the procedures set
forth below:
a. The contractor will use best efforts to develop, in cooperation with the unions, joint
training programs aimed toward qualifying more minority group members and
women for membership in the unions and increasing the skills of minority group
employees and women so that they may qualify for higher paying employment.
b. The contractor will use best efforts to incorporate an EEO clause into each union
agreement to the end that such union will be contractually bound to refer applicants
without regard to their race, color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral practices and policies of the
labor union except that to the extent such information is within the exclusive
possession of the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to the SHA and shall set
forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of
minority and women referrals within the time limit set forth in the collective
bargaining agreement, the contractor will, through independent recruitment efforts,
fill the employment vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified and/or qualifiable
minority group. persons and women. (The DOL has held that it shall be no excuse
that the union with which the contractor has a collective bargaining agreement
providing for exclusive referral failed to refer minority employees.) In the event the
union referral practice prevents the contractor from meeting the obligations pursuant
to Executive Order 11246, as amended, and these special provisions, such
contractor shall immediately notify the SHA.
8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The
contractor shall not discriminate on the grounds of race, color, religion, sex, national origin,
age or disability in the selection and retention of subcontractors, including procurement of
materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO
obligations under this contract.
b. -`-Disadvantaged business enterprises (DBE) as defined in 49CFR 23, shall have
:ci .equal opportunity to compete for and perform subcontracts which the contractor
enters into pursuant to this contract. The contractorwill use his best effortsto solicit.
bids from_ and to utilize DBE subcontractors or subcontractors with meaningful
5
minority group and female representation among their employees. Contractors shall
obtain lists of D E construction firms from SHA personnel.
c. ..The contractor will use his best efforts to ensure subcontractor compliance with their
• EEO obligations.
9. Records and Reports: The contractor shall i eep such records as necessary to document
compliance with the EEO requirements. Such records shall be retained for a period of three
years following completion of the contract wod and shall be available at reasonable times
and places for inspection by authorized representatives of the SHA and the FHWA.
a. The recordsA ept by the contractor shall document the following:
1. The number of minority and non -minority group members and women
employed in each wod classification on the project;
The progress and efforts being made in cooperation with unions, when
applicable, to increase employment opportunities for minorities and women;
3. The progress and efforts being made in locating, hiring, training, qualifying,
and upgrading minority and female employees; and
4. The progress and efforts being made in securing the services of D E
subcontractors or subcontractors with meaningful minority and female
representation among their employees.
b. The contractors will submit an annual report to the SHA each July for the duration of
the project, indicating the number of minority, women, and non -minority group
employees currently engaged in each wod classification required by the contract
wod . This information is to be reported on Form FHWA-1391. If on-the-job training
is being required by special provision, the contractor will be required to collect and
report training data.
III. NONSEGREGATED FACILITIES
(Applicable to all Federal -aid construction contracts and to all related subcontracts of 10,000 or
more.)
a. y submission of this bid, the execution of this contract or subcontract, or the consummation
of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid
construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies
that the firm does not maintain or provide for its employees any segregated facilities at any
of its establishments, and that the firm does not permit its employees to perform their
services at any location, under its control, where segregated facilities are maintained. The
firm agrees that a breach of this certification is a violation of the EEO provisions of this
contract. The firm further certifies that no employee will be denied access to adequate
facilities on the basis of sex or disability.
b. As used in this certification, the term "segregated facilities" means any waiting rooms, wod
areas, restrooms and washrooms, restaurants and other eating areas, timeclool s, loci er
rooms; and. other storage or dressing areas, pad:ing lots, drini ing fountains, recreation or
.:entertainment areas,. transportation, and housing•facilities. provided: for employees which are ..
segregated by explicit directive, orr are, in fact, segregated on the basis of race color,
6
religion, national origin, age or disability, because of habit, local custom, or otherwise. The
only exception will be for the disabled when the demands for accessibility override (e.g.
disabled parking).
c. The contractor agrees thatit has obtained or will obtain identical certification from proposed
subcontractors or material suppliers prior to award of subcontracts or consummation of
material supply agreements of $10,000 or more and that it will retain such certifications in its
files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related
subcontracts, except for projects located on roadways classified as local roads or rural minor
collectors, which are exempt.)
1. General:
a. All mechanics and laborers employed or working upon the site of the work
will be paid unconditionally and not less often than once a week and without
subsequent deduction or rebate on any account [except such payroll
deductions as are permitted by regulations (29 CFR 3) issued by the
Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full
amounts of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment. The payment shall be computed at wage
rates not less than those contained in the wage determination of the
Secretary of Labor (hereinafter "the wage determination") which is attached
hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor or its subcontractors
and such laborers and mechanics. The wage determination (including any
additional classifications and wage rates conformed under paragraph 2 of
this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall
be posted at all times by the contractor and its subcontractors at the site of
the work in a prominent and accessible place where it can be easily seen by
the workers. For the purpose of this Section, contributions made or costs
reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of
the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the
provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this
Section, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs,
which cover the particular weekly period, are deemed to be constructively
made or incurred during such weekly period. Such laborers and mechanics
shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without
g exceptpr
ovided and to skill, as in paragraphs 4 and 5 of this Section IV.
. b. "Laborers or mechanics performing"work. in more than one classification may
be compensated at the rate specified for each classification for the time
actually worked therein, provided, that the employer's payroll. records
7
accurately set forth the time spent in each classification in which work is
performed.
c. All rulings and interpretations of the Davis -Bacon Act and related acts
contained in 29 CFR 1, 3, and 5•are herein incorporated by reference in this
contract.
2. Classification:
a. The SHA contracting officer shall require that any class of laborers or mechanics
employed under the contract, which is not listed in the wage determination, shall be
classified in conformance with the wage determination.
b. The contracting officer shall approve an additional classification, wage rate and
fringe benefits only when the following criteria have been met:
1. the work to be performed by the additional classification requested is not
performed by a classification in the wage determination;
2. the additional classification is utilized in the area by the construction
industry;
3. the proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination; and
with respect to helpers, when such a classification prevails in the area in
which the work is performed.
c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if
known) to be employed in the additional classification or their representatives, and
• the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the contracting officer to the DOL, Administrator of the
Wage and Hour Division, Employment Standards Administration, Washington,
D.C. 20210. The Wage and Hour Administrator, or an authorized representative,
will approve, modify, or disapprove every additional classification action within 30
days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary.
d. In the event the contractor or subcontractors, as appropriate, the laborers or
mechanics to be employed in the additional classification or their representatives,
and the contracting officer do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the Wage and Hour
Administrator for determination. Said Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and. so advise`'
the.contracting officer or will notify the contracting officer within the 30-day period
that additional time is necessary.
e. The wage rate (including fringe benefits where appropriate) determined pursuant
to paragraph 2c or 2d of this Section IV shall be paid to all workers performing
work in the additional classification from the first day on which work is performed
in the classification.
3. Payment of Fringe enefits:
a. Whenever the minimum wage rate prescribed in the contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor or subcontractors, as appropriate, shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly
case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not make payments to a
trustee or other third person, he/she may consider as a part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, provided, that the. Secretary of
Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers:
a. Apprentices:
1. Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the DOL,
Employment and Training Administration, Bureau of Apprenticeship and
Training, or with a State apprenticeship agency recognized by the Bureau, or if a
person is employed in his/her first 90 days of probationary employment as an
apprentice in such an apprenticeship program, who is not individually registered
in the program, but who has been certified by the Bureau of Apprenticeship and
Training or a State apprenticeship agency (where appropriate) to be eligible for
probationary employment as an apprentice.
2. The allowable ratio of apprentices to journeyman -level employees on the job site
in any craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any
employee listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than the applicable
wage rate listed in the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess
of the ratio permitted under the registered: program shall be paid not less than
- the applicable wage rate on the wage determination _for_the:work actually
performed. Where a contractor or subcontractor is performing construction -on a
• project in a locality other•than that in which its program is registered, the ratios
and wage rates (expressed in percentages of the journeyman -level hourly rate)
9
specified in the contractor's or subcontractor's registered program shall be
observed.
Every apprentice must be paid at not Tess than the rate specified in the
registered program for the apprentice's level of progress, expressed as a
percentage of the journeyman -level hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship program does
not specify fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable classification. If the
Administrator for the Wage and Hour Division determines that a different
practice prevails for the applicable apprentice classification, fringes shall be paid
in accordance with that determination.
4. In the event the Bureau of Apprenticeship and Training, or a State
apprenticeship agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the contractor or subcontractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate for
the comparable work performed by regular employees until an acceptable
program is approved.
b. Trainees:
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior
approval, evidenced by formal certification by the DOL, Employment and Training
Administration.
2. The ratio of trainees to journeyman -level employees on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
-Administration. Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any
trainee performing work on the job site in excess of the ratio permitted under the ,
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
3. Every trainee must be paid at not less than the rate specified in the approved
program for his/her level of progress, expressed as a percentage of the journeyman -
level hourly rate specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordanpe with the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the Administrator
of the Wage and Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman -level wage rate on the ,-wage
_determination which provides for less than full fringe benefits for apprentices, in
.....which case such trainees shall receive the same fringe benefits as apprentices.
10
4. In the event the Employment and Training Administration withdraws approval of a
training program, the contractor or subcontractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the work performed until
an acceptable program is approved.
c. Helpers:
Helpers will be permitted to work on a project if the helper
classification is specified and defined on the applicable wage
determination or is approved pursuant to the conformance
procedure set forth in Section IV.2. Any worker listed on a payroll at
a helper wage rate, who is not a helper under a approved definition,
shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training programs which
have been certified by the Secretary of Transportation as promoting EEO in connection with
Federal -aid highway construction programs are not subject to the requirements of paragraph
4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under
such programs will be established by the particular programs. The ratio of apprentices and
trainees to journeymen shall not be greater than permitted by the terms of the particular
program.
6. Withholding:
The SHA shall upon its own action or upon written request of an authorized representative
of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this
contract or any other Federal contract with the same prime contractor, or any other
Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is
held by the same prime contractor, as much of the accrued payments or advances as may
be considered necessary to pay laborers and mechanics, including apprentices, trainees,
and helpers, employed by the contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the work, all or part of the
wages required by the contract, the SHA contracting officer may, after written notice to the
contractor, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers, mechanics, watchmen, or guards (including
apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or
permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is
employed on such work, to work in excess of 40 hours in, such workweek unless such.
:..laborer, mechanic, watchman, or guard receivescompensation at a rate not less than one-
'and=one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in
such workweek.
11
8. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the
clause set forth in paragraph 7 above, the contractor and any subcontractor responsible
thereof shall be liable to the affected employee for his/her 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, mechanic, watchman, or guard employed in violation of the clause set
forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was
required or permitted to work in excess of the standard work week of 40 hours without
payment of the overtime wages required by the clause set forth in paragraph 7.
9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any authorized
representative of the DOL withhold, or cause to be withheld, from any monies 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 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related
subcontracts, except for projects located on roadways classified as local roads or rural collectors,
which are exempt.)
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shalt comply with the Copeland Regulations of the Secretary
of Labor which are herein incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be maintained by the contractor and
each subcontractor during the course of the work and preserved for a period of 3
years from the date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working at the site of the
work.
b. The payroll records shall contain the name, social security number, and address of
each such employee; his or her correct classification; hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or
.cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon
:Act); daily and weekly number of hours worked; deductions made; and actual wages
-~paid.. In addition, for Appalachian contracts, the payroll records shall contain a
notation indicating whether the employee does, or does not, normally reside in the
12
labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of
Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any
laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in. Section 1(b)(2)(B) of the
Davis Bacon Act, the contractor and each subcontractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, that the plan or program has been
communicated in writing to the laborers or mechanics affected, and show the cost
anticipated or the actual cost incurred in providing benefits. Contractors or
subcontractors employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprentices and trainees, and ratios
and wage rates prescribed in the applicable programs.
c. Each contractor and subcontractor shall furnish, each week in which any contract
work is performed; to the SHA resident engineer a payroll of wages paid each of its
employees (including apprentices, trainees, and helpers, described in Section IV,
paragraphs 4 and 5, and watchmen and guards engaged on work during the
preceding weekly payroll period). The payroll submitted shall set out accurately and
completely all of the information required to be maintained under paragraph 2b of
this Section V. This information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal stock number 029-005-0014-1), U.S.
Government Printing Office, Washington, D.C. 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
d. Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his/her agent who pays or supervises
the payment of the persons employed under the contract and shall certify the
following:
1. that the payroll for the payroll period contains the information required to be
maintained under paragraph 2b of this Section V and that such information is
correct and complete;
2. that such laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages
earned, other than permissible deductions as set forth in the Regulations, 29
CFR 3;
3. that each laborer or mechanic has been paid not less that the applicable wage
rate and fringe benefits or cash equivalent for the classification of worked
performed, as specified in the applicable wage determination incorporated into
the contract.
e. The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 2drof this Section V ``
13
f. The falsification of any of the above certifications may subject the contractor to civil
or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
g.
The contractor or subcontractor shall make the records required under paragraph 2b
of this Section V available for inspection, copying, or transcription by authorized
representatives of the SHA, the FHWA, or the DOL, and shall permit such
representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them
available, the SHA, the FHWA, the DOL, or all may, after written notice to the
contractor, sponsor, applicant, or owner, take such actions as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal -aid contracts on the National Highway System, except those which provide
solely for the installation of protective devices at railroad grade crossings, those which are
constructed on a force account or direct labor basis, highway beautification contracts, and
contracts for which the total final construction cost for roadway and bridge is less than
$1,000,000 (23 CFR 635) the contractor shall:
a. Become familiar with the list of specific materials and supplies contained in Form
FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway
Construction Involving Federal Funds," prior to the commencement of work under
this contract.
b. Maintain a record of the total cost of all materials and supplies purchased for and
incorporated in the work, and also of the quantities of those specific materials and
supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47.
c. furnish, upon the completion of the contract, to the SHA resident engineer on Form
FHWA-47 together with the data required in paragraph 1 b relative to materials and
supplies, a final labor summary of all contract work indicating the total hours worked
and the total amount earned.
2. At the prime contractor's option, either a single report covering all contract work or separate
reports for the contractor and for each subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with its own organization contract work amounting to not Tess
than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated by the State. Specialty
items may be performed by subcontract and the amount of any such specialty items
_performed may be deducted from the total origin -a) contract price before computing the
amount of.work:required to be performed by the contractor's own organization (23 CFR 635).
14
a. "Its own organization" shall be construed to include only workers employed
and paid directly by the prime contractor and equipment owned or rented by
the prime contractor, with or without operators. Such term does not include
employees or equipment of a subcontractor, assignee, or agent of the prime
contractor.
b. "Specialty Items" shall be construed to be limited to work that requires highly
specialized knowledge, abilities, or equipment not ordinarily available in the
type of contracting organizations qualified and expected to bid on the
contract as a whole and in general are to be limited to minor components of
the overall contract.
2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is
computed includes the cost of material and manufactured products which are to be
purchased or produced .by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed
by the firm, has full authority to direct performance of the work in accordance with the
contract requirements, and is in charge of all construction operations (regardless of who
performs the work) and (b) such other of its own organizational resources (supervision,
management, and engineering services) as the SHA contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the
written consent of the SHA contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the contractor of any responsibility for
the fulfillment of the contract. Written consent will be given only after the SHA has assured
that each subcontract is evidenced in writing and that it contains all pertinent provisions and
requirements of the prime contract.
VIII. SAFETY: ACCIDENT PREVENTION
.1... In.the performance of this contract the contractor shall comply with all applicable Federal,
State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor
shall provide all safeguards, safety devices and protective equipment and take any other
needed actions as it determines, or as the SHA contracting officer may determine, to be
reasonably necessary to protect the life and health of employees on the job and the safety of
the public and to protect property in connection with the performance of the work covered by
the contract.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which
the contractor enters into pursuant to this contract, that the contractor and any subcontractor
shall not permit any employee, in performance of the contract, to work in surroundings or
under conditions which are unsanitary, hazardous or dangerous to his/her health or safety,
as determined under construction safety and health standards (29 CFR 1926) promulgated
by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 333).
15
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or
authorized representative thereof, shall have right of entry to any site of contract
performance to inspector investigate the matter of compliance with the construction safety
and health standards and to carry out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in conformity with approved plans and
specifications and a high degree of reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons
concerned with the project perform their functions as carefully, thoroughly, and honestly as possible.
Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and
similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635)
in one or more places where it is readily available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY
PROJECTS
18 U.S.C. 1020 reads as follows:
'Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or
whoever, whether a person, association, firm, or corporation, knowingly makes any false statement,
false representation, or false report as to the character, quality, quantity, or cost of the material used
or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof
in connection with the submission of plans, maps, specifications, contracts, or costs of construction
on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false report or false claim with
respect to the character, quality, quantity, or cost of any work performed or to be performed, or
materials furnished or to be fumished, in connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false .statement or false representation as to material fact in any
statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined not more that $10, 000 or imprisoned not more than 5 years or both."
16
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or
more.)
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder,
Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
1 That any facility that is or will be utilized in the performance of this contract, unless such
contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as
amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as
amended (33 U:S.C. 1251 et seq.; as amended by Pub.L. 92-500), Executive Order 11738,
and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract
award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities
pursuant to 40 CFR 15.20.
2. That the firm agrees to comply and remain in compliance with all the requirements of Section
114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of any communication from the
Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for
the contract is under consideration to be listed on the EPA List of Violating Facilities.
4. That the firm agrees to include or cause to be included the requirements of paragraph 1
through 4 of this Section X in every nonexempt subcontract, and further agrees to take such
action as the government may direct as a means of enforcing such requirements.
XI. -. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
1. Instructions for Certification - Primary Covered Transactions:
(Applicable to all Federal -aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective primary participant is
providing the certification set out below.
The inability of a person to provide the certification set out below will not necessarily
result in denial of participation in this covered transaction. The prospective
participant shall submit an explanation of why it cannot provide the certification set
out below. The certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this transaction.
However, failure of the prospective primary participant to furnish a certification or an
explanation shall disqualify such a person from participation in this' transaction.
17
c. The certification in this clause is a material representation of fact upon which
reliance was placed when the department or agency determined to enter into this
transaction. If it is later determined that the prospective primary participant
knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency may terminate this
transaction for cause of default.
d. The prospective primary participant shall provide immediate written notice to the
department or agency to whom this proposal is submitted if any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
e. - The -terms "covered transaction;" "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the department or agency to which this
proposal is submitted for assistance in obtaining a copy of those regulations.
f. The prospective primary participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this
transaction.
g.
The prospective primary participant further agrees by submitting this proposal that it
will include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by
the department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
h. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the nonprocurement portion of the "Lists of Parties Excluded
From Federal Procurement or Nonprocurement Programs" (Nonprocurement List)
which is compiled by the General Services Administration.
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
Except for transactions authorized under paragraph f of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
.excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency may terminate this
transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
-Primary Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief, that
it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
b. Have not within a 3-year period preceding this proposal been convicted of or had a
civil judgement rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph 1 b of this certification; and
d. Have not within a 3-year period preceding this application/proposal had one or more
public transactions (Federal; State or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this
proposal.
2. Instructions for Certification - Lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000
or more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective lower tier is providing the
certification set out below.
19
b. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later determined
that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the
department, or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous by reason of changed
circumstances.
d: The -terms "covered transaction," "debarred," "suspended," "ineligible," "primary
covered transaction," "participant," "person," "principal," "proposal," and "voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact
the person to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
e. The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this
transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that
it will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
g.
A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the Nonprocurement List.
h. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower
Tier Covered Transactions:
• The prospective lower tier participant certifies; by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed
$100,000 - 49 CFR 20)
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of
his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersignedshall complete and. submit,.•._
Standard Form-LLL, "Disclosure Form to Report,Lobbying," in,accordance with its,
instructions.
21
2. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to
. file the required.certification.shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting his or her bid or proposal that he or she
shall require that the language of this certification be included in all lower tier subcontracts,
which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
22
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
1. During the performance of this contract, the contractor undertaking to do work which is, or
reasonably may be, done as on -site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL wherein the contract work is
situated, or the subregion, or the Appalachian counties of the State wherein the contract work
is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially
experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees
as the result of a lawful collective bargaining contract, provided that the number of
nonresident persons employed under this subparagraph lc shall not exceed 20 percent
of the total number of employees employed by the contractor on the contract work,
except as provided in subparagraph 4 below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the
classifications of the laborers, mechanics and other employees required to perform the
contract work, (b) the number of employees required. in each classification, (c) the date on
which he estimates such employees will be required, and (d) any other pertinent information
required by the State Employment Service to complete the job order form. The job order may
be placed with the State Employment Service in writing or by telephone. If during the course
of the contract work, the information submitted by the contractor in the original job order is
substantially modified, he shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by
the State Employment Service. The contractoris not required to grant employment to any
job applicants who, in his opinion, are not qualified to perform the classification of work
required.
4. If, within 1 week following the placing of a job order by the contractor with the State
Employment Service, the State Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number requested, the State Employment
Service will forward a certificate to the contractor indicating the unavailability of applicants.
Such certificate shall be made a part of the contractor's permanent project records. Upon
receipt of this certificate, the contractor may employ persons who do not normally reside in
the labor area to fill positions covered by the certificate, notwithstanding the provisions of
subparagraph 1 c above.
5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in
every subcontract for work which is, or reasonably may be, done as on -site work.
23
AMENDMENT
REQUIRED CONTRACT PROVISIONS
FEDERAL=AIDCONSTRUCTION CONTRACTS
(Exclusive of Appalachian Contracts)
Section I, General, is supplemented with the following:
7. Section 902 of the American Recovery and Reinvestment Act (ARRA) of 2009 requires that
each contract awarded using ARRA funds must include a provision that provides the U.S.
Comptroller General and his representatives with the authority to:
"(1) to examine any records of the contractor or any of its subcontractors, or any
State or local agency administering such contract, that directly pertain to, and involve
transactions relating to, the contract or subcontract; and
(2) to interview any officer or employee of the contractor or any of its subcontractors,
or of any State or local government agency administering the contract, regarding
such transactions."
The Contractor shall include the following provision in all contracts, subcontracts, and other
contracts for services for an ARRA funded project:
"Accordingly, the Comptroller General and his representatives shall have the
authority and rights as provided under Section 902 of the ARRA with respect to this
contract, which is funded with funds made available under the ARRA. Section 902
further states that nothing in this section shall be interpreted to limit or restrict in any
way any existing authority of the Comptroller General."
"Section 1515(a) of the ARRA provides authority for any representatives of the
Inspector General to examine any records or interview any employee or officers
working on this contract. The contractor is advised that representatives of the
inspector general have the authority to examine any record and interview any
employee or officer of the contractor, its subcontractors or other firms working on this
contract. Section 1515(b) further provides that nothing in this section shall be
interpreted to limit or restrict in any way any existing authority of an inspector
general."
Under Section II, Paragraph 8b is revised as follows:
The reference to 49 CFR 23 is revised to read 49 CFR 26.
Under Section II, Paragraph 8b is supplemented with the following:
The contractor, sub -recipient or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-
assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other
remedy as the recipient deems appropriate.
Amendment to•Form "FHWA 1273
Revised March 26, 2009
Under Section II, in accordance with standard specification 1-08.1(1) and applicable RCWs a new
paragraph 8d is added as follows:
The contractor or subcontractor agrees to pay each subcontractor under this prime contract
for satisfactory performance of its contract and/or agreement no later than ten (10) days from
the receipt of each payment the prime contractor receives from WSDOT or its sub -recipients.
The prime contractor agrees further to return retainage payments to each subcontractor
within ten (10) days after the subcontractor's work is satisfactorily completed. Any delay or
postponement of payment from the above referenced time frame may occur only for good
cause following written approval of the WSDOT. This clause covers both DBE and non -DBE
contractors.
Under Section IV, the applicability statement is supplemented with the following:
(Applicable to all ARRA funded construction contracts and related subcontracts regardless of
location, including projects on local roads or rural minor collectors, and Transportation
Enhancement projects outside the highway right-of-way.)
Under Section IV, Paragraph 2b(4) is deleted.
Under Section IV, Paragraph 4, "and helpers" is deleted from the title.
Under Section IV, Paragraph 4a(1), add:
The provisions in this section allowing apprentices to work at Tess than the predetermined
rate when they are registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, or with the Bureau of
Apprenticeship and Training, does not preclude a requirement for the Contractor to pay
apprentices the full applicable predetermined rate in the event a State Apprenticeship
Agency, recognized by the Bureau, has not approved, or withdraws approval, of an
apprenticeship program.
Under Section IV, Paragraph 4c is deleted.
Under Section IV, Paragraph 6 is revised by deleting "helpers" and "helper".
Under Section IV, Paragraph 7 is revised by deleting "helpers".
Under Section V, the applicability statement is supplemented with the following:
(Applicable to all ARRA funded construction contracts and related subcontracts regardless of
location, including projects on local roads or rural minor collectors, and Transportation
Enhancement projects outside the highway right-of-way.)
Under Section V, Paragraph 2a is revised by deleting "helpers".
Amendment to Form. FHWA 1273
Revised March 26, 2009
2
Under Section V, Paragraph 2b, the first sentence is revised to read:
•"The payroll records shall contain the name and an individually identifying number (e.g., the
.last four digits of the employees social security number) for each such employee; his or her
correct classification; hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalent thereof the types described in
Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked;
deductions made; and actual wages paid. Payrolls shall not include the full social security
number and home address of covered workers. Contractors and subcontractors shall
maintain the full social security number and home address of each covered worker and shall
provide them to the SHA upon request."
Under Section V, Paragraph 2d(2) is revised by deleting "helper".
Section VI, Records Of Material, Supplies, And Labor, is deleted
Amendment to,Form.FHWA 1273
Revised March 26, 2009
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Debris removal and monitoring Contracts must.meet rules for Federal grants, as .provided for in
Ti.ti.e 44 Code of Federal Regulations (CFR) §13.36, Procurement in order to be -eligible for
reimb:ursernent under the Public Assistance Program. This -fact sheet assists Public Assistance
applicants with meeting procurement -requirements established -in 44 CFR Part 1:3,-as well as other
Public Assistance 'Program eligibility requirements,. when procuring debris.remoyal and monitoring
contracts. Public Assistance applicants should comply with their own procurement procedures in
accordance with applicable State and local laws and regulations, provided that they conform to.
applicable Federal laws and standards identified in Fail 1.1
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To be eligible for Federal funding, applicants must comply with federal procurement- standards as •
outlined in 44 CFR, §13.36, Procurement. Essential elements of the procurement process for debris
.removal and monitoring contracts,include: competition; clear and definitive scope of work; qualified
bidders (documented .by licenses, financial records, proof. of insurance, And bonding, as applicable); a
cost analysis to deinonstrate costreasonableness; compliance with.all relevant local, State, and Federal
requirements, laws and policies; and, clear documentation of the processfrationale followed in making:
procurement decisions. Federal regulations require applicants for Public Assistance grantsto take the
necessary steps. to ensure there are opportunities to award contracts to minority, -Women-owned, and
Labor Surplus Area businesses and firms whenever possible. This includes contracts with local
organizations, firms, and individuals that support response and recovery activities in a declared major
disaster or emergency area. Applicants' legal representatives should review their procurement process
and any contract to be awarded to ensure they are in compliance with all Federal, State, and local
requirements. Procurement policies must include procedures to handle pretests and disputes related to
contracts awarded. FEMA will, when requested by applicants, assist in the review of debris removal contracts.
However, such a review does not constitute approval.
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DEBRIS CONTRACTING GUIDANCE
In order to ensure that debris removal and monitoring contracting costs are eligible, applicants should:
O Use competitive bidding procedures to meet procurement requirements for Federal grants, as
established in 44 CFR § 13.36, Procurement.
0 Only use abbreviated emergency ,procurement. procedures that include an expedited .'competitive bid
process if time. does not allow for more stringent procedures and if they are allowed underStateor local
laws, codes, or ordinances.
O Provide a clear and definitive scope.of Work in the request for proposals/bids..
0 Require bi.dders.to provide copies of references, licenses, financial records, and. proof of insurance and
bonding.
O Ensure that debris rernoval or monitoring contract costs are reasonable and necessary as defined and
required by OMB Circular A-87 and 44 CFR Part 13. Competitively bid contracts that comply with Federal,
State, and local procurement regulations and procedures will establish reasonable costs for the work.
O Complete and document a cost analysis to demonstrate price reasonableness on any contract or
contract modification where adequate price competition is lacking, as detailed in 44 CFR § 13.36(f. See
Attachment 1, Debris Removal Contract Cost Analysis, for guidance on completing a cost analysis.
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Pursuant to 44 CFR § 13.36, Procurement, Public Assistance applicants must complete a cost analysis for
any contract OT contract modification where price competition is lacking. Failure to complete a cost analysis
may jeopardize FEMA Public Assistance grant funding. Applicants are encouraged to complete a cost
analysis using the attached Debris Removal Contract Cost Analysis. Applicants are also encouraged to file
documentation supporting the cost analysis with all associated contract documents.
Upon request, FEMA will provide guidance as necessary in the cost analysis process. Such a review
does not constitute approval when determining the eligibility of costs for reimbursement under FEMA's
Public Assistance Program.
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,Applicanis are encouraged to pre -qualify debris rernoval contractors prior to an eVentand Solicitbid -••• •: •
prices.frorn this list of -contractors once an event has occurredto ensure competitive bidding .and obtain
reasonable market prices at the time of work performed. Ttie7sOlicitation for.pre-qualifying contractors- E•
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DEBRIS CONTRACTING GUIDANCE
should adequately define in the proposed scope of work all potential debris types, anticipated haul
distances, and size of events for which a contract may be -activated.
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All debris removal contracts must contain the: following provisions:
'All payment provisions must 'be based on unit prices (volurne or -weight).
fl Pa.yments based on time and material costs arelimited to work performed during the first 70 hours of
actual work. following a disaster event.
Note: FEMA will typically only reimburse applicants for a time and materials contract for
eligible debris clearance during the first 70 hours following a declared disaster. After 70
hours of work, the applicant should have sufficient information on the scope of work
necessary to complete debris collection and disposal; and a basis for estimating a reasonable
cost for the contract work to effectively solicit a lump sum or unit price contract. For some
types of debris work time and materials contracts may be the most cost-effective and best
suited to the type of work. Applicants should work closely withthe State and FEMA when
awarding such contracts to ensure eligibility requirements are met.
0 Payment will be made only for debris that FEMA determines eligible. (This is an optional provision to
protect the applicant.)
.. 0 .Contractors must su.bmitinvoicesregularly.and.for no more.than.-30-day periods.
• A "Termination for Convenience clause allowing contract tetrnination at any time for anyteason.
O A time limit on the.period.of performance lorthe work to be done.
O A subcontract plan including a clear description of thepercentageof the work the contractor may
subcontract out and a list of subcontractors the contractor plans to use.
O A requirement that the contractor use mechanical equipment to load and reasonably compact debris
into the trucks and trailers.
o A requirement that the contractor provide a safe working environment.
0.A requirement that all contract amendments and modifications -will be in writing. -
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0 A requirement that contractors must obtain adequate payment and performance bonds and insurance
coverage.
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Applicants must monitor all debris removal operations. Applicants must document all eligible
•debris removal expenses as a condition of receiving Public Assistance funding. Applicants may use
contractors to monitor their debris removal operations. In addition to the guidance provided above,
applicants should consider the following when procuring debris monitoring.contracts:
0 Debris monitoring contracts must be competitively procured as required by 44.CFR. § 13.36,
Procurement.
O Debris monitors should not be employed by or affiliated with the debris removal contractor.
0 Debris monitoring contracts are typically time and materials contracts and must contain a not -to -
exceed clause, pursuant to 44 C.I'R § 13.36, Procurement.
.0 The contract should includez requitement that the contractor provide a safe Working environment,
including properly constructed mo.nitorin.g towers.
O Use of a load ticket system to record with specificity (e.g., street address, GPS coordinates) where
debris is collected and the amount picked up, hauled, reduced, and disposed of.
O Debris monitors should be trained and possess skills adequate to fulfill the duties of the job.
Labor rates should be commensurate with the skill level required by the job function. Professional
engineers and qualifications are not required to perform monitoring duties.
0 The contractor should .demonstrate that its staff is familiar with FEMA debris removal eligibility
criteria.
O DO NOT: Award a debris removal or debris monitoring contract on a sole -source basis.
O DO NOT: Sign a contract (including one provided by a contractor) until your legal representative
has thoroughly reviewed it.
0 DO NOT; 'Allow any contractor to make eligibility deteithinations; only FEMA has authority to
make final eligibility determinations.
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DEBRIS CONTRACTING GUIDANCE
O DO NOT: Accept any contractor's claim that it is "FEMA certified." FEMA does not certify,
credential, or recornniend debris contractors.
a DO NOT: Award a contract to develop and manage debris management sites, unless the debris sites
are part of your approved debris management.plan or you. contact the State or FEMA for technical
assistance• concerning the need for such an operation. Temporary Debris Storage and Reduction sites are
not always necessary.
CI DO NOT: Allow separate line item payment .for stumps 24 inches and smaller in diameter; you
should treat these stumps as normal debris.
O DO NOT: "Piggyback" or utilize a contract awarded by another entity. "Piggybacking" may be legal
under applicable state law; however, the use of such a contract may jeopardize FEMA funding because
these contracts de not meet requirements for competition established in 44 CFR § 13.36. If an applicant
requests reimbursement for costs it incurred from a piggyback contract, FEMA will determine the
reasonable cost for the performance of eligible work.
O DO NOT: Award pre-disaster/stand-by contracts with mobilization costs or unit costs that are
significantly higher than what they would be if the contract were awarded post -disaster. Such contracts
should have variable mobilization costs depending upon the size of the debris work that may be
encountered.
O DO NOT: Allow for markups due to errors in volume calculations.
O DO NOT: Allow for miscellaneous items, or for contract contingencies of any kind, including
"unknowns."
See Attachment 2, Debris. Operations Contract Bid Sheet, for additional guidance on d.ebri.S.contracts.
W2-1:110
DeborahTngran Date
Acting Assistant Katninistrator
Recovery Directorate
Attachinents (2)
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ATTACHMENT 1:
Debris Removal Contract Cost Analysis
This guidance is intended to assist .Public, Assistance applicantsin complying with the requirements of
44 CFR Part 13.36, Procurement,.for debris operation contracts or con -tract modifications where adequate
price competition is lacking.
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Applicants should complete a cost analysis when one of the following conditions applies:
The appliCanthas not received two or more priced bids from responsible after soliciting a
number of sources;
Services can only be provided by a single source;
• The awarding agency authorizes•noncompetitive proposals;
• The public -exigency or:emergency for the requirement -will not permit a delay -resulting from
competitive solicitation; or
• The procurement is:a contractmodification or change.order.
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In order to conduct a cost analysis, applicants should request (IA documentatiOn from their debris
contractors. This documentation should contain a detailed breakdown of costs for each item Of work
activity and information on how the contractor arrived at its costs, including, but not litnited to:
• Number of labor hours,
• Labor rates,
• Materials (types, quantities, and costs),
Equipment hours,
o Equipment rates, or
• Unit costs
Applicants are encouraged to verify the mathematical accuracy of the cost documentation by
recalculating the contractor's cost figures. Applicants should also review the proposed contract s swipe
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ATTACHMENT 1: Debris Removal Contract Cost Analysis
of work for cost reasonableness to ensure that the proposed scope doesnot fall under an existing
contract.
Applicants should ensure that the contract does not use prohibitive contracting methods per
44 CFR § 113604), including:
1.. Cost plus a percentage of cost - this .is a con.tract.that provides a specified. percentage profit
over and above the actual costs of construction; and
2: Percentage of construction cost.
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Applicants may determine the reasonableness of labor rates.by:
1. Comparing .the proposed labor category rates with the labor rates in another contract that was
competitively bid;
2. Matching rates for each labor category to an acceptable source (e.g. RS Means);
3. 'Verifying that the classification of each worker and skill level proposed in the contract are
reasonable and necessary for the scope of work. For example, a contractor should not propose
using an experienced supervisor rate or worker with professional qualifications for work that can
be done by a low skilled laborer (e.g., using a professional engineer for debris monitoring). in
this case, the supervisor labor classification is unreasonable and should be adjusted to the
appropriate labor classification that is.more commensurate with the type of work being
performed; and
4. Verifying that the proposed number of labor hours are reasonable for the scope of work.
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Applicants may determine the reasonableness of equipment rates by:
1. Comparing the proposed equipment rates with the equipment rates in another contract that was
competitively bid (if a change order, compared rates to the original contract);
2. Comparing the proposed equipment rates to FEMA's Schedule of Equipment Rates, available at
vvww.fema.gov;
3. Matching equipment rates for each piece of equipment to an acceptable source (e.g.,
EquipmentWatch);
4. Verifying that the type of equipment proposed is reasonable anti necessarr for the, scope of worlc;
5. Verifying that the number of units (normally hours)pf,Nuipmentusagenecessary to,complete
the work is reasonable considering the specific: scope of work; and
6. Verifying that there are no conti.act provisions ,for the following items with regard to the
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ATTACHMENT 1: Debris Removal Contract Cost Analysis
proposed equipment costs:
• Mobilization costs
Standby costs
Applicants may determine the reasonableness of unit rates by;
1. Verifyi:ng that the unit of measurernent (i.e. cubic yard, weight, each, etc.) is appropriate for the
scope of work (if the contractor quoted a unit rate price); and
2. Comparing the proposed unit rates with similar rates in another contract that was competitively
bid (if a change order, comparing rates to the original contract).
Applicants should review the materials and supplies included in the contract proposal and ensure that
all costs are reasonable.
In some circumstances, a contractor will include debris volume estimates in support of its proposed
costs. Contractors develop these estimates using aerial and ground assessments, forecasting and
estimating models (e.g., USAGE hurricane debris models and photographs), side scan sonar and other
methodologies.
Applicants should rec)uest hard copies of volume estimates and all supporting documentation m order
to determine if the methodology- that the contract& used to estimate debris was an acceptable an.nd
reasonable methodology. Applicants should also verify• that the volume estiinates are reasonable and
accurate.
Applicants are required by 44 CFR Part 13.36(f)(1) to perform a price analysis in all other instances (i.e.,
for. competitively bid contracts when price competition is adequate), to determine the reasonableness of
the proposed contract price. Price analyses may incorporate an evaluation of: historic documentation
• for similar work; average costs for similar Work in the area, piiblabhed unit costs.froin the natronal'cost
estimating databases; and FEMA.cost codes, equipment rates, aid engineering and design service
. cu.ryes. ,Upon request, FFMA will assist appl:icants..tn the aeview of these contracts and praVid . guidanc
as necessary.
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Public Assistance applicants :may use the following debris operations bid sheet as a template when
issuing requests for proposals and soliciting contract bids for debris removal work. Use of a
standard bid sheet will help Public Assistance applicants to compare and analyze bids, resulting in a
more effective procurement process. The bid sheet serves only as a guide for soliciting requests for
debris removal servicesi_use of the bid sheet is not a requirement for Public Assistance funding.
Please refer to the Debris Operations Contracting and Cost ,Analysis (Attachment 1) for guidance on
complying with procurement requirements established in 44 CFR Part 13, Procurement.
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The debris operations bid sheet is presented on the next three pages. The remainder of this section is
intentionally left blank.
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ATTACHMENT 2:
Debris Operations Contract Bid Sheet
SAMPLE10401.5"; J.
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heet
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SAMPLE Category
•
SAMPLE Field Name and DesCriptien
SAMPLE
Unit
Cost per Unit
Estimated Total
Urnts
TotI
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0-15 Miles Veg from Right of Way (ROW) to Debris
Meriagement Site (omp)
Vegetative collect and remove, for a haul distance up
CY
' '>' Alt
,6999
lf •- , '''' Fe
16-30 Miles Veg tam ROW to CMS
VegetatiVe collect and removal for a had distance up
hem -en 18 and 30 miles
CY
-,:.-,
99999
31-60 Miles Veg from ROW to DMS
Vnaetat've collect and removal for a haul distance
-, t
between 31 :and 80 miles
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60+ Miles Veg from ROW to DMS
V etative collect and remove for a haul distance
greater than 60 rndeS
.
999999
:".
Single Pace Veg from ROW to DMS
A single price vegetative collect and removal for any
haul distance
CY
"", '-':"
99999
A;•••4ll:: i , ' "0:
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Grinding
Grinding/chipping vegetative debris
Air Curtain Burning.
Air Curtain Bumirig Vegetative deb,is
Open Burning
:Open aiming vegetative debris
Compacting
Compacting vegetative debris
Debris Management Site Management
Preparation, management, and segregating at debris
management site
0-15 Miles C&D from ROW to DMS
C&D collect and removal for a haul distance up to 15
mdes
16-30 Miles C&D from ROW to DMS
C&D collect and removal for a halal distance betmen
16 and 30 miles
31-60 Miles C&D from ROW to DMS
C&D collect and removal fore haul distance beMeen
31 and 68 mites
60+ Miles C&D from ROW to DMS
C&D collect and removal for a haul distance greater
than 80 miles
Single Price C&D from ROW to.DMS . .
A single price C&D collect and removal for any haul
. distance-.
THIS SAMPLI StIELT IS INTENDED FOR NFORMATIONAL PURPOSES.ONLY. SLIMED NOT BE SUBMITIED TQ FEMA.
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ATTACHMENT 2: DEBRIS OPERATIONS CONTRACT BID SHEET
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0-16MileS- from DMS to.Final Disposal
Transport processed debris from DMS to final disposal
0-15 Wes
CY
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,,.. ,; • t 0.1, .
16-30 Miles from OMS to Final Disposal
Transport processed debris from DMS to final disposal
16-30 Miles
CY
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4 ,' $ ` r.... -4-
,•;,,
31-60 Miles from DMS to -Final DisptiSal
Transport processed debris from.DMS to final disposal
31-60 Miles
CY
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60+ Miles fron-i.DMS to Final Disposal.
Transport processed debris from DMS to final disposal
+ Mil
60es
CY
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rf. le .t.,.
Single Noe from DMS to Final Di al
A:single price transport of procested debris from DMS
to tinal.disposai
CY
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'
PJjJ,
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• iltit,-+
A
Tipping Fees (Vegetatbe)
Fee includes negotiated contract price or pass through
amount for vegetative
CY
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4°i'',1Plifi
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•
i
Tipping Fees (Mix)
Fee inCludes:negotiated contract price or paSs through
amount for Mix
•‘-' '''' ';',.. A' Cali
'14011.0 ''''": -IIJII
'lipping Fees (C&D)
Fee includes negotiated contract price or pass through
CY
' 4°. ,'''., • v,4:,
er.4"'''' ,'"'
Hazardous tree removal for a 6-12 inch trunk diameter
Hazardous Trees 13%247
Hazardous tree removal for a 13-24 inGt1 trunk
diameter
Hazardous Trees '25%2/6"
Hazardous tree removal fora 25-361rich trunk
diameter
Hazardous Trees 37"-48"
Hazardous tree remove/ for a 37-48 inch trunk
diameter
Hazardous Trees 49'
Hazardous tree.removal for a 49+ inch trunk diameter
Trees with Hazardous Limbs >27
Hazardous hanging limb removal
Hazardous Sumps >2.4-36"
i-latertious stump removal fore 24-36 inch stump
diameter
Hazardous Sumps >37448."
Hazardous stump removal 37-48 inch slump diameter
Hazardous Sumps >49"+
Hazardous stump removal 49+ inch stump diameter.
Stump.Fill Dirt
Fill air( for stump holes after iwnovai
Stump
Stump
511-11111171
• THIS SAMPLE BID SIIEET IS INTENDED. FOR INFORMATIONAL PURPOSES ONLY. iT SHOUIA) NOT BE SUBMITTED TO FEMA.
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ATTACHMENT 2: DEBRIS OPERATIONS CONTRACT BID SHEET
atervray Debris Rentoeel
Debris Removal from canals, rivers, creels, streams, CY
end Pitches
Sand Collection and Screening
Pick up, screen, and return debris laden
sand/mudidirL'roch
Vehicle Remove l
Removal of eligible vehicle
Vessel Removal (Land)
Removal of eligible vessel
Vessel Removal {Marine)
Remova! of eligible vessel from. inaterwoy
Carcass .Removal
Removal of debris that will decompose (animals and .PoOnd
organic fleshy matter)
ROW White Goods Removal
Pick up and haul of write goods to disposal site
Freon Management
Unit
Ffe r management and recycling
Demolition of Prrvate Structure
Electronic Waste
-Removal of electronic debris that contain Hazardous
materials, such as cathode ray tubes. includes
computers monitors and teievisior,s.
Sltt Reraot
Putrescent Remoal
Removal of debris that vdtl decompose or rot (animals
and organic fleshy matter)
Sloweste
Removal of Haste.capable of causing infection to
humans (animal Haste, human blood, pathological
varste).
Household Hazardous Waste (HHW)
HHW/ removal and disposal
Pound
es9999
Re, re on
Beach/Lake Restoration
Berm/Beach Construction
CYpa4e
Y
r a�a ;
Canal Shoreline RestorationIS
°w.�
Mun'Lei ng
Debris Management Site Debris Monitors
Hour
99g�
Debris Collection Site:Deans Monitors {Field Monitors)
Hour
�994989
Sr. rechnician.Field Supervisor
Hour
Clerical Steil
Hour
�rn9999
999g" �a
ss • s f
Clerical SupervisorHour
Ottttt���
TN1s.SAM1'1:1 131D SHEET IS INTE.NI)ED FOR INFORMA TIONAh PURPOSES ONLti."'I',i' SHOVLD NOT RE SUBN11 11"E-» 1'O FE;MA.