INVITATION TO BID FOR EMERGENCY DEBRIS REMOVAL MONITORING SERVICES BID #17B-037

Transcription

1 INVITATION TO BID FOR EMERGENCY DEBRIS REMOVAL MONITORING SERVICES Issued By: Village Community Development Districts Purchasing Department Melissa Schaar, Buyer 940 Lakeshore Drive, Suite 200 The Villages, FL Phone (352) * Fax (352) melissa.schaar@districtgov.org Date of Issue: Tuesday, August 29, 2017 Due Date / Time: Thursday, September 14, 2017 at 3:00 pm

2 CALENDAR OF EVENTS / BID TIMELINE Listed below are the important dates and times by which the actions noted must be completed. All dates are subject to change by the Purchasing Department. If the Purchasing Department finds it necessary to change any of these dates or times prior to the Bid due date, the change will be accomplished by addendum. ACTION COMPLETION DATE Issue BID Tuesday, August 29, 2017 Pre-Bid Conference Last Day for Questions Bids Due NA Tuesday, September 5, 2017 at 4:00 p.m. Thursday, September 14, 2017 at 3:00 p.m. Public Opening Thursday, September 14, 2017 at 3:15 p.m. District Board Approval *Next Regularly Scheduled Meeting after all Pertinent Forms and Documents are Complete and Ready for Board Review/Approval Page 2 of 61

3 TABLE OF CONTENTS PART INTENT AND GENERAL INFORMATION... 5 INVITATION TO BID... 5 PRE-BID CONFERENCE- NOT APPLICABLE TO THIS SOLICITATION... 5 FORMS & SPECIFICATIONS... 5 HOW TO SUBMIT A BID... 5 BIDDER RESPONSIBILITY... 5 BID DOCUMENTS REQUIRED... 6 EXAMINATION OF BID DOCUMENTS... 6 INSURANCE REQUIREMENTS... 7 EXAMINATION OF BID DOCUMENTS... 8 INTERPRETATIONS, CLARIFICATIONS AND ADDENDA... 8 ALTERNATES... 8 CHANGES / MODIFICATIONS... 8 GOVERNING LAWS AND REGULATIONS... 8 BLACK OUT PERIOD... 9 PROVIDING PERFORMANCE BOND... 9 TAX EXEMPT STATUS... 9 PAYMENTS... 9 PERMITS / LICENSES / FEES... 9 PROTECTION OF RESIDENT WORKERS VILLAGE COMMUNITY DEVELOPMENT DISTRICTS REFERENCE TERMS RIGHT TO AUDIT RECORDS ADDITIONAL TERMS AND CONDITIONS PROPRIETARY INFORMATION ADDITIONAL SERVICES/PURCHASES BY OTHER PUBLIC AGENCIES PART BID SUBMITTAL PART SCOPE OF SERVICES INTRODUCTION SCOPE OF WORK GENERAL SPECIFICATIONS SCOPE OF SERVICES PART BID DOCUMENTS BID COVER PAGE BID FORM EXCEPTIONS OR DEVIATIONS TO SPECIFICATIONS DISCLOSURE OF SUBCONTRACTORS, SUBCONSULTANTS AND SUPPLIERS STATEMENT OF TERMS AND CONDITIONS DRUG FREE WORKPLACE CERTIFICATE REFERENCES & SIMILAR PROJECTS FORM W NO-BID RESPONSE PART ATTACHMENT A SCOPE OF SERVICES FOR CURRENT DISASTER REMOVAL CONTRACT PART SAMPLES SAMPLE A: AGREEMENT SAMPLE B: E-VERIFIES SAMPLE C: DEBRIS LOAD TICKET SAMPLE D: DAILY TIME VERIFICATION REPORT SAMPLE E: DAILY LOAD VERIFICATION REPORT SAMPLE F: DAILY LOAD VERIFICATION REPORT-STUMPS PART EXHIBITS EXHIBIT A: MAP OF ALL DISTRICTS EXHIBIT B: ELECTRONIC MONITORING EXHIBIT C: ELECTRONIC CODE OF FEDERAL REGULATIONS EXHIBIT D: FHWA Page 3 of 61

4 BID CHECKLIST This standardized check list has been provided to assist the Bidder with the submission of their Bid package. This check list cannot be construed as identifying all required submittal documents for this project. Bidders remain responsible for reading the entire Bid document to insure that they are in compliance. Bids may be considered subject to rejection if, in the sole opinion of the District, there is a serious omission, unauthorized alteration of form, an unauthorized alternate Bid, incomplete or unbalanced unit price, or irregularities of any kind. The District may reject as non-responsive, any or all Bids where Bidders fail to acknowledge receipt of Addenda as prescribed. Bid Cover Page all information completed and signed Bid Form(s) submitted in correct format, accurate calculations, and signed Exceptions / Deviations Page signed and/or information completed Disclosure of Sub-contractors, Sub-consultants and Suppliers signed and/or information completed Bidder s Certification Addenda acknowledged and form signed Statement of Terms and Conditions signed Drug Free Workplace Certificate signed and notarized Anti-Collusion Form-signed References and Similar Projects Form list five (5) references of similar size and scope W-9 completed and signed Copy of Required/Applicable Licenses or Certifications per specifications Performance Bond Surety (See page 9 for details) Required Number of Copies (1 Original and 1 Copy = 2 Total) & 1 electronic copy on a new CD or a flash drive This listing shall not be construed to be a complete list. It remains the contractors responsibility to ensure all requirements of the bid document are met. Page 4 of 61

5 PART 1 INTENT AND GENERAL INFORMATION INVITATION TO BID The Village Community Development Districtsare requesting bids to provide emergency debris removal monitoring services for properties and areas such as those owned or operated by the District. Sealed bids will be received by the Purchasing Department located at 940 Lakeshore Drive, Suite 200, The Villages, Florida 32162, until 3:00 p.m. Thursday, September 14, 2017 for: Emergency Debris Removal Monitoring Services. All timely received Bids shall be read aloud at 3:15 p.m. in the Coggins Conference Room located at 940 Lakeshore Drive, Suite 200, The Villages, Florida Bidders shall take careful notice of the following conditions of this Invitation to Bid: Submissions by FAX or other electronic media will not be accepted under any circumstances. Late submissions will not be accepted under any circumstances. Submitters may withdraw and/or replace bids at any time until the deadline for submission of bids. All questions received by 4:00 pm on Tuesday, September 5, 2017 will be considered. Questions will not be answered over the phone. Questions must be in writing and faxed to (352) , attention: Melissa Schaar or sent via to melissa.schaar@districtgov.org. MINIMUM REQUIREMENTS The Contractor must be duly licensed in accordance with the State of Florida statutory and regulatory requirements to perform the work. PRE-BID CONFERENCE - NOT APPLICABLE TO THIS SOLICITATION FORMS & SPECIFICATIONS Submitters are required to use the official BID FORMS, and all attachments itemized herein are to be submitted as a single document. Any variation from the minimum specifications must be clearly stated on the BID FORMS and explained in detail on the EXCEPTION / DEVIATION FORM. HOW TO SUBMIT A BID One complete bid form set (1 original plus 1 copy &1 electronic copy on a new CD or USB flash drive) with all required documents as itemized and included herein is to be submitted in a sealed envelope, on the outside of which shall be prominently marked with the following identification: Emergency Debris Removal Monitoring Services together with the name and address of the submitter. The BID should be neat, professional in appearance and bound appropriately for the document s thickness. The original document shall have original signatures and clearly noted with ORIGINAL on the cover. All bids shall be mailed or hand delivered to the Purchasing Department at the address given, by the date and time set forth herein. BIDDER RESPONSIBILITY Submitters are fully and completely responsible for the labeling, identification and delivery of their bids. The Purchasing Department will not be responsible for any mislabeled or misdirected submissions, nor those handled by delivery persons, couriers, or the U. S. Postal Service. Submissions shipped by express delivery, or in overnight or courier envelopes, boxes, or packages must be prominently marked on the outside of such envelopes, boxes or packages with the sealed bid identification. Any envelopes, boxes, or packages which are not properly labeled, identified, and prominently marked with the sealed bid identification, may be inadvertently opened upon receipt, thereby invalidating such bids and excluded from the official bid opening process. Invitation by the Village Community Development Districts to Bidders is based on the recipient s specific request and application to or as the result of response by the public to the legal advertisements required by State and District law. Firms or individuals submit their responses on a voluntary basis, and therefore are not entitled to compensation of any kind. 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 bid on a contract/agreement to provide any goods or services to a public Page 5 of 61

6 entity, may not submit a bid on a contract/agreement with a public entity for the construction or repair of a public building or public work, may not submit bids 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/agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section , for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Bids that are incomplete, unbalanced, conditional, obscure, or which contain additions not called for, alterations, or irregularities of any kind, or which do not comply with these documents may be rejected at the option of the District. Any Bidder who submits a no-bid response shall submit the no-bid response in an envelope marked on the outside of the mailing envelope, together with the required bid identification number. BID DOCUMENTS REQUIRED The following documents and forms in the following arrangement must accompany each bid or alternate bid submitted: Bid Cover Page. This is to be used as the first page of the bid. This form must be fully completed and signed by an authorized officer of the Bidder. Bid Form Exceptions or Deviations to Specifications Form Disclosure of Subcontractors, Sub consultants and Suppliers Bidder Certification / Addenda Acknowledgement Form Statement of Terms and Conditions Anti-Collusion Form A sworn, notarized Drug Free Work Place Certificate A References and Similar Projects Form W-9 Any Other Applicable Documentation Performance Bond Surety (See page 9 for details) This list shall not be construed as a complete listing of required documents. It remains the Contractor s responsibility to ensure all requirements of their bid submittal are met. EXAMINATION OF BID DOCUMENTS Each Bidder shall carefully examine the Drawings and/or Specifications and other applicable documents, and inform himself/herself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress or performance of the work to be performed under the Agreement. Ignorance on the part of the Bidder will in no way relieve him/her of the obligations and responsibilities assumed under the Agreement. Should a Bidder find discrepancies or ambiguities in, or omissions from the Drawings and/or Specifications, or should he/she be in doubt as to their meaning, he/she shall at once notify the Purchasing Department, in writing. Page 6 of 61

7 INSURANCE REQUIREMENTS A Certificate of Insurance will be furnished by the successful bidder (Contractor) upon Notice of Award. The certificate(s) shall be completed by the Contractor s authorized agent and submitted to the District s Purchasing Department. The successful bidder shall not commence any work in connection with the Bid until it has obtained all of the following types of insurance and shall maintain such insurance as will protect him/her from claims which may arise out of or result from the Contractor s operations under the terms and conditions of the BID. The District shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor and/or subconsultant providing such insurance. General Liability. Contractor shall obtain, and maintain throughout the life of the Agreement, General Liability Insurance in an amount no less than $1,000,000 per occurrence and $2,000,000 general aggregate for Bodily Injury and Property Damage. Insurance shall protect the Contractor, subconsultants and subcontractor from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under the Agreement. District(s) shall be named as Additional Insured. Automobile Liability Insurance covering all automobiles and trucks the Contractor may use in connection with this BID. The limit of liability for this coverage shall be a minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. This is to include owned, hired, and nonowned vehicles. District(s) shall be named as Additional Insured. Excess Liability Insurance (Umbrella Policy) may compensate for a deficiency in general liability or automobile insurance coverage limits. Waiver of Subrogation: By entering into any agreement as a result of this BID, Contractor agrees to a Waiver of Subrogation for each policy required above. General Aggregate Limit. The general aggregate limit shall apply per project. Workers Compensation Insurance, as required by the State of Florida. Contractor and any subconsultants or subcontractors shall comply fully with the Florida Worker s Compensation Law. Contractor must provide certificate of insurance showing Worker s Compensation coverage. Certificate(s) shall be dated and show: o o o o o o The name of the insured Contractor, the specified job by name and/or BID number, the name of the insurer, the number of the policy, its effective date and its termination date. Statement that the insurer will mail notice to the District at least thirty (30) days prior to any material changes in provisions or cancellation of the policy. Subrogation of Waiver clause. The Village Community Development Districts and any other governmental agencies using this Agreement in cooperation with the District shall be a named additional insured on Public Liability Insurance and Automobile Liability Insurance. The Contractor shall require of each its subconsultants and/or subcontractors to procure and maintain during the life of its subcontract, insurance of the type specified above or insure the activities of its subconsultants and/or subcontractors in its policy as described above. All insurance policies shall be written on companies authorized to do business in the State of Florida. The District reserves the right to modify the insurance requirements set forth at any time during the process of solicitation or subsequent thereto. Page 7 of 61

8 EXAMINATION OF BID DOCUMENTS Each vendor shall carefully examine the Drawings and/or Specifications and other applicable documents, and inform himself/herself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress or performance of the work to be performed under the Contract. Ignorance on the part of the Contractor will in no way relieve him/her of the obligations and responsibilities assumed under the Contract. Should a vendor find discrepancies or ambiguities in, or omissions from the Drawings and/or Specifications, or should he/she be in doubt as to their meaning, he/she shall at once notify the Purchasing Department, in writing. INTERPRETATIONS, CLARIFICATIONS AND ADDENDA No oral interpretations will be made to any Bidder as to the meaning of the Bid/Agreement Documents. Any inquiry or request for interpretation received by the Purchasing Department before 4:00 p.m. Tuesday, September 5, 2017, will be given consideration. All such changes or interpretations will be made in writing in the form of an addendum and, if issued, will be distributed at or after the Pre-Bid Conference (if applicable) and uploaded to and Each Bidder shall acknowledge receipt of such addenda in the space provided on the Bidder s Certification Form. In case any Bidder fails to acknowledge receipt of such addenda or addendum, his/her bid will nevertheless be construed as though it had been received and acknowledged and the submission of his/her bid will constitute acknowledgment of the receipt of same. All addenda are a part of the Bid Documents and each Bidder will be bound by such addenda, whether or not received by him/her. It is the responsibility of each Bidder to verify that he/she has received all addenda issued before bids are opened. In the case of unit price items, the quantities of work to be done and materials to be furnished under this Bid/Contract are to be considered as approximate only and are to be used solely for the comparison of bids received. The District and its Consultants do not expressly or by implication represent that the actual quantities involved will correspond exactly therewith; nor shall the Bidder plead misunderstanding or deception because of such estimate or quantities of work performed or material furnished in accordance with the Specifications and/or Drawings and other bid documents, and it is understood that the quantities may be increased or diminished as provided herein without in any way invalidating any of the unit or lump sum prices bid. ALTERNATES When certain items of equipment and/or materials are specified and/or described as the product of a particular manufacturer together with any required additional information such as model number, size or catalog number, only such specific items may be used in preparing the bid, except as hereinafter provided. CHANGES / MODIFICATIONS The Village Community Development Districts reserve the right to order changes in the scope of work and resulting agreement. The successful Bidder has the right to request an equitable price adjustment in cases where modifications to the Agreement under the authority of this clause result in increased costs to the Bidder. Price adjustments will be based on the unit prices proposed by the Bidder in response to this solicitation. Any agreement resulting from this solicitation may be modified upon written and mutual consent of both parties. GOVERNING LAWS AND REGULATIONS The Bidder is required to be familiar with and shall be responsible for complying with the District s Purchasing Policies and Procedures, District resolutions, District rules, all federal, state and local laws, ordinances, rules and professional standards or regulations that in any manner affect this solicitation, the selection process, protests, award of agreement, agreement management or any other activity associated with this solicitation and the subsequent work required of the successful Bidder/Proposer. Page 8 of 61

9 BLACK OUT PERIOD The black out period is defined as between the time the submittals for an Invitation to Bid, Request for Proposals, Request for Qualifications or the Invitation to Negotiate, as applicable, are issued by the District Purchasing Department and the time the Board awards the Agreement. During this black out period, any attempt to influence the thinking of District staff or officials for or against a specific cause related to a solicitation for goods or services, in person, by mail, by facsimile, by telephone, by electronic mail, or by any other means of communication, may result in disqualification of their award and/or Agreement. This does not apply to pre-solicitation conferences, oral presentations before the selection committee, agreement negotiations, or communications with staff not concerning this solicitation. PROVIDING PERFORMANCE BOND The Village Community Development Districts is requiring all Bidders to provide proof of the ability to obtain a performance bond in an amount equal to 100% of the total amount bid for this ITB. Upon award the successful bidder shall provide a Performance Bond, in the form of a Certified Bond, from an established Bonding Agency licensed to do business in the State of Florida utilizing the AIA A312 form. Performance Bond means a bond of a Contractor in which a surety guarantees to the District that the work/services will be performed in accordance with the Contract documents. Surety means an organization which, for a consideration, promises in writing to make good the debt or default of another. The surety must hold a certificate of authority as an acceptable surety on federal bonds as published in the current Circular 570, U.S. Department of the Treasury, and the Federal Register effective July 1, annually, as amended. A new Performance Bond shall be provided on an annual basis for 100% of the then current Agreement amount. FISCAL YEAR FUNDING APPROPRIATION Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of the District, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the fiscal period at the time of the contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by the District of funds thereafter. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the contractor shall be entitled to reimbursement of any cost incurred up to the date of termination. TAX EXEMPT STATUS The Village Community Development Districts are special purpose governmental agencies under Florida law and exempt from Florida sales tax. The tax exempt number will be provided upon request. This exemption does not apply to goods and services purchased separately by a Contractor in connection with its contract obligations. The Contractor shall be responsible for paying any taxes, fees, or similar payments that are required to be paid in connection with the contract work. PAYMENTS Payments shall be made pursuant to Section , Florida Statutes, the Prompt Payment Act, and all District policies promulgated thereby. Payment Applications shall be on an AIA Document G702 Application and Certificate for Payment (or equivalent) as acceptable by the District. The District will promptly inspect the work and review the application for processing and payment. The District will have the right to retain 10% of the funds applied for until the project reaches 50% completion, at such time the contractor may apply for a 50% reduction of the retainage. The contractor shall be assessed liquidated damages in the amount of $ per day for every day the project is incomplete after the project completion deadline, barring unforeseen circumstances as approved by the District. PERMITS / LICENSES / FEES Any permits, licenses or fees required will be the responsibility of the Awarded Bidder. Page 9 of 61

10 PROTECTION OF RESIDENT WORKERS The Village Community Development Districts actively support the Immigration and Nationality Act of 1952 (INA) and the Immigration Reform and Control Act of 1986 (IRCA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination and the State of Florida Executive Order Number stating contractors shall utilize the U.S. Department of Homeland Security s E-Verify system to verify the employment eligibility of: all persons employed during the contract term by the Contractor to perform employment duties pursuant to the Contact, within Florida; and all persons, including subcontractors, assigned by the Contractor to perform work pursuant to the Contract with the District. ( Additionally, the Contractor shall include a provision in all subcontracts that requires all subcontractors to utilize the U.S. Department of Homeland Security s E-Verify system to verify employment eligibility of: all persons employed during the contract term by the Contractor to perform work or provide services pursuant to this contract with the District. All Service contractors and /or vendors who wish to contract with the District to provide services must first certify they have registered with, will participate in, and continue to utilize, once registered, the E-Verify Program (or any successor program implemented by the federal government of its departments or agencies) to verify the work authorization status of all newly hired employees employed by the contractors and/or vendors. Breach of this term or conditions is considered a material breach of the agreement. Participation in the E-Verify program will only be required of the awarded contractor. To certify participation in the program, awarded contractor, and any subcontractors to the contractor, will be required to sign an E-Verify Contractor/Subcontractor Affidavit (see Part 5: Exhibits for sample affidavits). For more information and to register visit VILLAGE COMMUNITY DEVELOPMENT DISTRICTS The Village Center Community Development District, Sumter Landing Community Development District, North Sumter County Utility Dependent District, Brownwood Community Development District and Village Community Development Districts 1-12 are local units of special-purpose government and reserve the right to reject any and/or all bids, reserve the right to waive any informalities or irregularities in the bid or examination process, reserve the right to select low bid per item, and reserve the right to award bids and/or contracts in the best interest of the Districts. REFERENCE TERMS Any headings in this document are for the purposes of reference only and shall not limit or otherwise affect the meaning thereof. Any reference to gender shall be construed to include all genders, firms, partnerships and corporations. References in the singular shall be construed to include the plural and references in the plural shall be construed to include the singular. Any reference to the District or the Village Community Development Districts shall be construed to refer to the specific District or Districts for which the solicitation was issued and those District(s) shall be the legislative authority for all matters concerning this solicitation or the resulting contract(s). RIGHT TO AUDIT RECORDS The Districts shall be entitled to audit the books and records of the Bidder or any sub-contractor to the extent that such books and records relate to the performance of the Contract or any sub-contract to the Contract. Such books and records shall be maintained by the Bidder for a period of three (3) years from the date of final payment under the Contract and by the sub-contractor for a period of three (3) years from the date of final payment under the subcontract unless a shorter period is otherwise authorized in writing. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposefully through intent or design or inadvertently appearing separately in transmitting letters, specifications, literature, price lists or warranties, it is understood and agreed the general and special conditions in this solicitation are the only conditions applicable to this bid and the Bidder s authorized signature affixed to the bid attests to this. Page 10 of 61

11 PROPRIETARY INFORMATION Responses to this Invitation to Bid, upon receipt by the District, become public records subject to the provisions of Chapter 119 F.S., Florida s Public Record Law. If any Bidder believes that any portion of all of the response is confidential and proprietary, Bidder shall clearly assert such exception and the specific legal authority of the asserted exemption. All materials that qualify for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as TRADE SECRETS EXCEPTION, with the firm s name and the bid number marked on the outside. Such designation of an item as a trade secret may be challenged in court by any person. By the Bidder s designation of material submitted to the District as a trade secret, the Bidder agrees to hold harmless the District for any award to a plaintiff for damages, costs or attorney s fees and for costs and attorney s fees incurred by the District by reason of any legal action challenging the Bidder s trade secret claim. ADDITIONAL SERVICES/PURCHASES BY OTHER PUBLIC AGENCIES The Bidder by submitting a bid acknowledges that other public agencies may seek to Piggy-Back under the same terms and conditions during the effective period of any resulting contract services and/or purchases being offered in this bid for the same prices and/or terms being bid. The successful Bidder has the option to agree or disagree to allow contract Piggy-Backs on a case-by-case basis. Before a public agency is allowed to Piggy-Back any contract, the agency must first obtain the Bidder s approval. Without the Bidder s approval, the seeking agency cannot Piggy-Back. Page 11 of 61

12 PART 2 BID SUBMITTAL An original and one (1) copy (for a total of 2) and one (1) electronic copy on a new CD or a USB flash drive of each bid shall be submitted in a sealed envelope, prominently marked on the outside with the words BID #17B- 037 Emergency Debris Removal Monitoring Services. Bids submitted in express, overnight or courier envelopes, boxes or packages must be prominently marked on the outside with the words, Emergency Debris Removal Monitoring Services and the contents sealed as required. Deadline for Submissions in response to this Invitation to Bid: Bids must be received no later than 3:00 p.m. Thursday, September 14, Bids submitted by FAX or other electronic media will not be accepted under any circumstances. Late bids will not be accepted, and will be returned, unopened, to the Bidder, at the Bidder s expense. 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 bid on a contract/agreement to provide any goods or services to a public entity, may not submit a bid on a contract/agreement with a public entity for the construction or repair of a public building or public work, may not submit bids 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/agreement with any public entity, and may not transact business with any public entity in excess of ten thousand dollars, ($10,000.00) for a period of thirty-six (36) months from the date of being placed on the convicted vendor list, pursuant to paragraph 2a of Section , Florida Statutes. The Village Community Development Districts reserve the right to reject any and/or all bids, reserve the right to waive any informalities or irregularities in the bid, and reserve the right to award agreement(s) in the best interest of the District. Page 12 of 61

13 PART 3 SCOPE OF SERVICES INTRODUCTION CDD INFORMATION The Villages Community Development Districts (CDDs) within The Villages are units of special purpose local government created under Chapter 190 of the Florida Statutes. North Sumter County Utility Dependent District is a special District under Chapter 189. There are currently fifteen (15) CDDs in The Villages, which include: Village Center Community Development District, Sumter Landing Community Development District, Brownwood Community Development District and Village Community Development Districts CDDs are widely used throughout the United States to provide for certain service delivery infrastructure such as water management and control (drainage), fire control, road and bridge construction and maintenance, park and recreational facilities, water and sewer systems, sidewalks, multi-modal paths, streetlights, and similar infrastructure that is required to provide urban services to areas that may not have access to such services through a general purpose government such as a municipality. A Community Development District is a unit of local government with the special purpose of providing the services described above. As a unit of local government, the District is subject to many of the same State Statutes that regulate cities and counties; of particular interest are those statutes related to ethics in government for the elected Board of Supervisors, Government in the Sunshine, a cornerstone of local government in the State of Florida which requires that decisions made by any governmental agency be done at a public meeting; the public records law, which means the records of the District are open for review by any citizen; the auditing requirements in which annually the accounting records of the District are audited by an independent certified accountant and the results of such audit are provided to the State Controller and Auditor General; competitive bidding requirements for construction and maintenance contracts; and various other statutory provisions that protect the interest of the public. The Villages is the largest single-site residential real estate development in the United States spanning over three adjoining counties in Central Florida (Lake, Marion and Sumter). The Villages earned the No. 1 ranking as the fastest growing micropolitan area in the United States according to a 2008 Census Bureau report. Page 13 of 61

14 SCOPE OF WORK The Village Community Development Districts is seeking proposals from qualified licensed Contractors to provide paper and electronic debris monitoring services following a debris generating event such as a hurricane, storm, or other event. Qualified firms wishing to respond to ITB #17B-037 for Emergency Debris Removal Monitoring Services must meet or exceed all terms, conditions and specifications of the District. The successful bidder will hereinafter be referred to as the Contractor. NOTE: This solicitation is NOT a BID for Emergency Debris Removal and Disposal Services. The District maintains contract(s) with contractor(s) to provide that service; and reviews those services through a separate procurement process. This BID is specifically for Emergency Debris Monitoring Services. Contractors shall not include BIDS that include Debris Removal and Disposal Services. Contracts issued resulting from this BID shall only be activated in the event of a declared emergency. There is no guarantee any contract resulting from this BID will be activated or any work will be performed. The term of this Agreement shall be October 2017 through September 30, 2020, with the option to renew the contract for two (2) additional three (3) year periods. The prices proposed by the Contractor shall remain fixed and firm for the initial three (3) years of the contract. After initial three (3) year period, the contractor will meet with Purchasing and District Property Management 60 days prior to the end of the initial three (3) year term to consider a possible renewal and increase or decrease to the current awarded pricing. GENERAL SPECIFICATIONS The Village Community Development Districts requires the support of contract debris monitors following a debrisgenerating event such as a hurricane, storm or other catastrophic event. The contract monitors are necessary to ensure applicable federal, state, and local laws, regulations, and guidelines and debris removal contracts are met by monitoring the debris removal from District owned/maintained property such as, but not limited to, roads, rightsof-ways, golf courses, recreation facilities, and ponds. Contractor is responsible for monitoring debris management sites; and field monitors to assure debris management plan and contracts are effectively and efficiently implemented. The Contractor must monitor the District in accordance with applicable regulations of the Federal Emergency Management Agency (FEMA), Federal Highway Administration (FHWA), Florida Department of Transportation (FDOT), Florida Department of Health (FDH), Natural Resources Conservation Services (NRCS), South Florida Water Management District (SFWMD), the Florida Department of Environmental Protection (FDEP), and any other applicable regulations in conjunction with the District s needs. DEFINITIONS As used in this BID, the following terms shall have the meanings set forth below: Consultant: The Consultant is a person or entity which included employees, partners, principals, agents, and assignees who are party to the agreement for the purpose of providing services, and will be referred to as a Contractor for purposes of this bid. Contractor: The Contractor is a person or entity which includes employees, partners, principals, agents and assignees who are a party to this agreement for the purpose of providing services. Data Manager: Manager of data collected from monitoring operations and employed by the Contractor. Debris: Debris is scattered items and materials broken, destroyed, or displaced which is generated by an event and is located within a designated area. Debris Collection Monitor: Employee of the Contractor who observes the Debris Removal Contractor removing debris from assigned areas. Debris Management Plan: The plan establishes policies, procedures, and guidelines for recovery from debris generating disaster events. Debris Removal Contractor: A person or entity, including employees, partners, principals, agents and assignees that are under contract with the District to remove storm deposited debris according to federal and state guidelines. Page 14 of 61

15 Disposal Site Monitor: A Disposal Site Monitor is the designated Contractor s employee(s) assigned to the debris disposal site to manage disposal operations and monitor debris removal contractor s performance. The duties include, but are not limited to, ensuring the debris is eligible, to quantify and accurately document debris loads consistent with FEMA and FHWA guidelines. District: The Villages Community Development District District Debris Manager: The District Manager (or their designee) will function as the District point of contact for the Contractor and is responsible for providing overall supervision of debris clearance, removal, and disposal operations as well as the coordination of the debris monitoring services required to oversee the debris removal operations. Emergency Operations Center (EOC): An emergency operations center, or EOC, is a central command and control facility responsible for carrying out the principles of emergency preparedness and emergency management, disaster management functions at a strategic level in an emergency situation. Exit Site Monitor: Employees of the Contractor who observe outbound trucks at Debris Management Site Federal Emergency Management Agency (FEMA): FEMA is a funding source to the District for activities during an event declared a disaster by the President of the United States. FEMA eligible debris removal is second and subsequent passes on FHWA eligible roads and other roadways not on the federal aid system. Federal Highway Administration (FHWA): FHWA, through the Emergency Relief program is a federal funding source for the work on Federal-Aid roadways and facilities. FHWA has designated federal aid roadways also known as on-system roadways that are eligible for Emergency Relief funding. Hand Held Units (HHU): Hand Held Units are devices used to write data to, and read data from, removable storage media. The HHU are used in electronic debris monitoring. Project Manager (Contractor): The Project Manager is an employee of the Contractor who functions as the point of contact for the District and is responsible for the overall project management and coordination of the debris monitoring services required to oversee the debris removal operations. System: The word System is used in reference to the electronic portion of electronic debris monitoring. System Database: A system database is a compilation of all information gathered or reconciled and meets requirements set forth by this Scope of Services. Temporary Debris Storage & Reduction Sites (TDSRS): A Florida Department of Environmental Protection permitted site where debris is stored, reduced, burned, grinded, or sorted. Debris resides at the site for a relatively short period of time prior to final disposal during the debris management process. May also be referred to a Debris Management Site (DMS) or Temporary Debris Staging and Reduction Site (TDSR) SCOPE OF SERVICES This scope of services describes and defines the services which are required for the execution of debris removal monitoring via paper and electronic reporting methods for the Villages Community Development Districts, hereafter referred to as the District. The Contractor shall provide all services described herein. Activities shall include, but are not limited to monitoring the following: field operations regarding all storm generated debris; debris pickup; debris hauling; debris staging and reduction; temporary debris storage site management; debris management; and final disposal of debris to an approved facility. Roads and other District facilities will be identified by the District and direction will be given to the Contractor for clearing these roads and facilities and act in accordance with the District Debris Management Plan. The District reserves the right to add or remove road segments at the direction of the District Manager. While this contract scope provides for debris removal work on and off roadways, paths, parks and other areas under the maintenance responsibility of the District, no work on or off these areas is guaranteed. The District, at its sole discretion, may elect to perform work with in-house forces or other contract forces, or may cancel this contract at any time if in the best interest of the District. The Contractor shall have experience in the Federal Emergency Management Public Assistance Program (FEMA- PA) and the Federal Highway Administration Emergency Relief Program (FHWA-ER), and other applicable federal, state, and/or local programs to assist the District and its Emergency Response and Recovery efforts. Proper documentation by the Contractor as required by FEMA, FHWA, and all other applicable federal, state, and local agencies is required for all debris removal monitoring operations to ensure reimbursement to the District from the appropriate agency. Page 15 of 61

16 Also the Contractor will provide a range of related services including damage assessment, training, emergency planning and other services as needed and ordered by the District. Other services may include facilitating communication with FEMA, FHWA, NRCS, the State of Florida, and other Federal, State, County, and Local Agencies, and coordination with state insurance representatives. The Contractor will be responsible for tracking all the contract costs. Proper notification must be given to the District as costs accrue. The work will begin upon written authorization by the District. No guarantee on minimum or maximum amount per items bid is made under this Contract. No adjustment to bid prices will be considered due to increases or decreases in estimated quantities or fuel costs. DEBRIS MONITORING SERVICES Disaster Response Administration and Documentation Upon award of this BID and execution of the subsequent Contract, the Contractor shall identify a Project Manager who shall be responsible for the overall coordination and communication with the District. The Project Manager shall be located on-site at all times the contract is operational. The Project manager and at his/her discretion other key personnel shall report to the District s EOC within seventy-two (72) hours prior to a hurricane event. For other natural or manmade disasters the Contractor shall report within twenty-four (24) hours after notification. The Project Manager shall be responsible for the overall monitoring of debris contractors and the management of the Contractor s monitoring team. Examples of project management/process oversight tasks include, but are not limited to: Ensuring a sufficient number of trained debris monitors are available to monitor first push (cut & toss) operations. Ensuring a sufficient number of trained debris monitors are available to monitor all first pass and subsequent passes of debris removal and hauling activities. Providing tower / disposal site monitors to observe and record all debris loads entering the temporary debris management sites. Providing tower / disposal site monitors to observe and record all debris loads exiting the temporary debris management sites for final disposal. Providing data entry and document processing personnel, if applicable. Conducting safety meetings with field staff, as necessary. Responding to and documenting issues regarding complaints, damages, accidents or incidents involving the Consultant or Contractor personnel and ensure that they are full documented and reported. Coordinating daily briefings, work progress, staff, and other key items with the District. Scheduling, dispatching, and logistical operations of all team members. Hiring, training, deploying, and supervising inspectors. Scheduling work for all team members and contractors on a daily basis. Determining vehicle monitoring assignments and providing the necessary vehicle decals for debris collection vehicles for identification and tracking. Decals should be large enough to accommodate a minimum of 4 high letters and placed in a visible location for tower monitoring. Tracking and coordinating with District personnel to respond to problems in the field, residents complaints, and to include commercial and residential property damage claims as a result of debris removal. Page 16 of 61

17 Record the streets and locations where debris was collected. Maps are to be posted daily in a central location specified by the District; and be updated by 10:00 a.m. of each business day of the progress from the previous day(s) work. Conduct all safety inspections on a regular, predetermined and random basis. Ensure the appropriate frequency of oversight is performed by all work crews, vehicles, and locations. Monitoring removal contractors progress and making / implementing recommendations to improve efficiency and speed up removal work. Assisting the District with responding to public concerns and comments. Ensuring compliance with contracts by all subcontractors Scheduling and running periodic meetings with field staff and contractors. Ensuring the documentation of environmental authorizations and/or permits for temporary debris management sites and final disposal. Review and reconcile debris removal contractor invoices submitted to the District. Preparation of interim operations and status reports, and final report, as directed by the District. Personnel and Qualification: A project Management Team may consist of the following members, which will be activated and utilized at the discretion of the District: Project Manager Monitors (Debris Collection, DMS, Exit Site Monitors, or Tower Monitors) Data Manager FEMA Coordinator Scheduler / Expediters GIS Analyst Field Supervisors Environmental Specialist Project Inspectors (Citizen Site Monitors) Project Inspectors (Load Ticket Data Entry Clerks / QA / QC) Billing and Invoice Analysts Administrative Assistants Field Coordinators (Crew Monitors) The Contractor may use other required positions as necessary with the written approval of the District s Project Manager. All Such positions and applicable hourly rates shall be listed in the cost proposal form. The hourly rates for all positions must include all travel related expenses. The District will not pay and/or reimburse any additional costs including, but not limited to, travel, mileage, lodging, meals, and other travel and subsistence expenses. Price submittals should be inclusive of all such expenses. Qualifications of Key Positions: all personnel must have FEMA required training. Project Manager: A project Manager must have a minimum of five years of experience in disaster debris management. The Project Manager must also be a permanent staff employee of the Contractor. Monitors: Monitors must have a High School Diploma or GED, be adequately trained on Debris Operations. Data Manager: A Data Manager must have two years of experience working with a relational database management system. The Data Manager will work under the supervision of the Project Manager. Page 17 of 61

18 DEBRIS MONITORING SERVICES TO BE PROVIDED Collection Monitoring There are currently fifteen (15) CDDs in The Villages, which include: Village Center Community Development District, Sumter Landing Community Development District, Brownwood Community Development District and Village Community Development Districts 1-12 (see Exhibit A attached hereto). In response to a debris-generating event, the District shall activate those affected area(s) by the event and requiring debris collection and removal. The awarded contractor shall be knowledgeable of, and comply with, all applicable rules, regulations, policies, and guidelines of FEMA, FHWA, NCRS, and any other applicable federal, state, and local agencies at the time of the debris-generating event. In order to obtain FEMA or FHWA reimbursement all loads must be monitored in the field by collection monitors. The Contractor shall establish an accurate and complete ticket process and provide collection monitors and staff to record documentation required by FEMA, FHWA, and all other applicable federal, state, and local agencies. The Contractor shall train collection monitors to assure proper documentation protocol requirements of FEMA, FHWA, and all other applicable federal, state, and local agencies are instituted and followed. Contractor shall provide a Field Quality Control Team consisting of one (1) monitor per recovery crew and at least one (1) field supervisor for every seven (7) monitors unless otherwise approved by the District. Should the Contractor wish to utilize less than the specified field staffing, a detailed plan should be submitted to the District for review. This plan should outline areas for such a reduction of staff as well as a description of how recovery crews shall be monitored to meet regulatory guidelines and provide adequate fraud protection for the District. Upon submission of this plan, the District will review the plan with FEMA or FHWA and provide an approval or denial of this request. This team will monitor the recovery contracts for contract compliance, efficiency, and regulatory compliance. The team shall provide daily feedback to the District through their management team. All Field team members shall be equipped with the state-of-the-art technology, which shall include cameras, computers, communication devices, GPS units with an accuracy of three (3) feet, and other equipment as deemed necessary and/or appropriate. Examples of collection monitoring tasks include, but are not limited to: Verification that all debris picked up is a direct result of the disaster. Ensure that ineligible debris is not collected by the debris removal contractor, unless directed in writing by the District. Verification that the contractor is working in their assigned contract areas. Stopping work in progress that is not being performed or documented in the appropriate manner. Such work should be noted for nonpayment. Inspecting work in progress to ensure that removal efforts include debris of the proper type in the proper areas. Ensuring compliance with contracts by all subcontractors. Maintain all photo documentation of debris removal trucks and activities, specifically of the hazardous stump removal process, hangers, leaners, or tree removal and/or other special or unusual occurrences in the field. The team shall photograph every stump and leaner as well as a random sample of hanger removal. Document and report to the District damages which occur on public or private property as a result of debris removal operations. Ensure that contractor is working in compliance with all federal, state, local safety regulations appropriate for the task being performed. LOAD TICKET PROCESS The Contractor shall establish a load ticket process to be provided to collection monitor staff for recording of data in compliance with requirements of FEMA, FHWA, and all other applicable federal, state, and local agencies. Load tickets should consist of multiple copied pages. The Contractor shall retain original completed tickets on behalf of the District. Additionally, the Contractor, vehicle driver, subcontractor, and the contractor shall also receive copies Page 18 of 61

19 of the completed load tickets. Original tickets retained by the Contractor on behalf of the District shall be turned over to the District upon completion of the project. Load tickets shall include the following minimum information: Date Time Designation of Push, first pass, second pass, and subsequent passes Complete Street Address of closest property Nearest Cross Streets Type of Debris Vehicle Number Vehicle Capacity Percent of Volume Full Driver Name (printed) and signature Filed Monitor name (printed) and signature Name of Subcontractor Tower monitor name (printed) and signature DEBRIS SITE MONITORING All debris collected and disposed of must be monitored and documented by the debris site monitors. The Contractor shall provide a Debris Site Quality control team consisting, at a minimum, of two (2) monitors per debris site. In addition to the monitors, the Contractor shall provide spotters and other staff sufficient to monitor the debris removal contractors for contract compliance, efficiency and regulatory compliance. These staff members, in conjunction with project management team, shall coordinate logistics of the debris management site(s) to ensure efficient traffic flow and proper handling of load tickets that record data in compliance with requirements of FEMA, FHWA, and all other applicable federal, state, and local agencies (such as vehicle fullness, type of waste, etc.) The Contractor shall observe all vehicles entering and exiting the disposal site, ensuring all vehicles are in good repair and safe with secure sideboards and have tailgate. No vehicles will be allowed to enter the debris management site without a tailgate. Debris management site monitors shall also provide verification that all debris reduction sites have access control and security. Examples of debris management monitoring tasks include, but are not limited to: Monitoring type of waste prior to entering debris management site; Disposal Site / Tower Monitors shall estimate the volume of loads on percentage basis of debris collection vehicles; Ensuring safety and security of debris management site; Document and report activities to the District which may require remediation, such as fuel spills, hazardous materials, and other similar environmental concerns; Document and report to the District any violations of the Department of Environmental Protection s (DEP) debris site conditions. If DEP debris site conditions are violated, the Contractor shall oversee tasks sufficiently to satisfy the remediation performed by the Debris Removal Contractor. Monitors will ensure that accurate, legible, and complete documentation is provided through load tickets and other logs and reports, as required. Certifying the completeness of all load tickets that enter into a disposal site; Exit Site Monitors shall ensure all outbound trucks and trailers are fully discharged of load prior to exit of the DMS. Page 19 of 61

20 All debris hauling vehicles shall be certified prior to debris removal. The Contractor shall complete a certification on each vehicle. This certification process includes developing certification forms and documents to accurately measure and record the cubic volume to the nearest cubic yard of each vehicle. These forms shall at a minimum include the following: Length Width Depth Gross Volume in cubic yards Reduction areas such as wheel wells to reduce volume areas in cubic yards Net volume in cubic yards Tag number of the vehicle Company vehicle number Drive of the vehicle name (printed) and signature Monitor name (printed) and signature Date In addition to certifying the vehicle with forms, photographs shall be taken of each vehicle showing the vehicle number and type of vehicle. These photographs shall be attached with the certification. Original copies of these certifications including photographs shall be retained by the Contractor on behalf of the District. Original certifications retained by the Contractor on behalf of the District shall be turned over to the District upon completion of the project. Additional copies shall be provided to the debris removal contractor, the vehicle driver, and the Contractor. Once these vehicles are certified, all volumes shall be verified by the Contractor within one (1) business day of the physical certification. Subsequent random verifications shall be performed once every two weeks on all vehicles, by the Contractor. LOAD TICKET / VEHICLE CERTIFICATION COMPLETENESS Monitors will ensure that accurate, legible, and complete documentation is provided through truck certifications. When a monitor signs a vehicle certification or load ticket, he or she is certifying that ALL information on the document is completed and the volumes/measurements are correct. The monitors should not sign or accept any partially completed information. Only complete tickets will be paid by the District. Additionally, debris site monitors shall, at a minimum of daily, calibrate his or her debris removal vehicle load determinations with the tower monitors. Disposal site monitors are expected to provide volume determination consistent with FEMA, FHWA, and all other applicable federal, state, and local agencies. ADDITIONAL MONITORING DUTIES AND RESPONSIBILITIES The responsibilities of the Project Management Team include: Obtaining and become familiar with all debris removal contracts for which they are providing monitoring services. Documenting daily and weekly debris removal work, ensuring that proper records are maintained for trip tickets and recovery costs. Inspecting means and methods to measure and record work and recommending changes that may be needed. Stopping work in progress that is not being performed or documented in the appropriate manner. Inspecting work in progress to ensure that removal efforts include debris of the proper type in the proper areas. Checking work in progress to make sure that the proper work authorizations, permits, and other prerequisites have been received. Reporting on any improvements in work assignments and/or efficiency / productivity that may be appropriate. Maintaining digital photo documentation of debris removal work on a weekly basis. Page 20 of 61

21 Aerial photography on a bi-weekly basis Reporting damage within 24 hours of knowledge of occurrence The Contractor and/or subcontractors shall perform work in accordance with all applicable federal, state, and local laws and regulations. OPERATIONAL REPORTS AND RECORD DOCUMENTATION The Contractor will prepare and submit operational reports throughout the duration of the debris removal operations. Daily reports shall document the debris contractors activities and progress from the previous day and shall be submitted by 10:00 a.m. to a distribution list established by the District Project Manager. Each daily report submitted will contain the following minimum information: Contractor Name Contract Number Reports and graphs to delineate production rates of crews and their equipment, progress by area and estimations of total quantities remaining, time to completion, and daily cumulative cubic yards of debris removed, processed and hauled. This reporting is due no later than 10:00 a.m. the following business day or as requested by the District. GIS mapping data updates and digitized reports shall be based on the County s (Lake, Sumter, and/or Marion) GIS website Data exports should be at least monthly and utilize Excel or other format acceptable to District. Scanned documents should be at a minimum 300 dpi and in jpg, tiff, or PDF file format. The Contractor will review and validate debris removal contractor(s) invoices prior to submission to the District for processing. DATABASE REPORTING The Contractor shall be responsible for collecting, auditing for completeness and accuracy, tabulating and organizing disposal data into required formats; which must be in compliance with requirements of FEMA, FHWA, and all other applicable federal, state, and local agencies. A single Microsoft Excel database (or other format as approved by the District) shall be created by the contractor. This database shall include all information on debris removal including, but not limited to: load ticket information, vehicle certification information, stump removal information, hanger removal data, and leaner removal information, and determination of pass status (i.e. push, first pass, second pass, and subsequent passes). This data shall record all information to a District facility and/or street address within the District. The database created by the contractor shall be given to the District at the conclusion of the event. ELECTRONIC MONITORING The Contractor MAY exercise the option to utilize electronic debris monitoring. If chosen, the contractor must comply with the requirements included in Exhibit B ; in addition to all other requirements contained within this document. PAYMENT MONITORING The contractor shall review and validate debris removal contractor(s) invoices prior to submission to the District for processing and separating in compliance with requirements of FEMA, FHWA, and all other applicable federal, state, and local agencies. All invoices from the debris removal contractor(s) shall be directed to the monitoring contractor. Within seven (7) calendars of receipt by the monitoring Contractor, the invoices shall be reviewed by the monitoring contractor to be accepted or rejected. The Contractor shall issue in writing to the District and the debris removal contractor, the acceptance or rejection of invoices. If the invoice is rejected, the letter shall state a detailed reason for the rejection. Only 100 percent accurate and completed invoices will be forwarded to the District for payment. As directed by the District, the contractor shall provide staff members to assist with public telephone inquiries and complaints. The staff members shall log all customer calls and maintain a status log toward Page 21 of 61

22 the resolution of each call. This public information team shall log all damage complaints concerning the debris removal contractor(s) separately. These damage complaints shall be forwarded to project management team to be resolved with the contractor. A weekly log of such complaints and their resolution shall be provided to the District. DAILY DAMAGE REPORTS The Contractor will prepare and submit damage reports throughout the duration of the debris removal operations. Any private or public property damaged through the course of debris removal operations must be reported by the Contractor within 24 hours of knowledge of occurrence. Each daily report submitted will contain the following minimum information: Location and description of damaged property Date and Time damage occurred / detected Description of damage PUBLIC INFORMATION ASSISTANCES The contractor shall provide regular status updates to the District for public information use. As directed by the District, the contractor shall provide staff members to assist with public telephone inquiries and complaints. The staff members shall log all customer calls and maintain a status log toward the resolution of each call. This public information team shall log all damage complaints concerning the debris removal contractor(s) separately. These damage complaints shall be forwarded to project management team to be resolved with the contractor. A weekly log of such complaints and their resolution shall be provided to the District. TECHNICAL EXPERTISE AND GUIDANCE As directed by the District, the Contractor shall provide: A comprehensive emergency management plan to include plan development; plan review, and plan revisions. Oversight of the District s independent debris removal contractor(s) and related operations including, but not limited to, tree trimming, stump removal, and removal, reduction, and hauling of construction and demolition debris (C&D) and vegetative debris. Coordination of the certification process for all contractor equipment used in debris removal operations, identification and location of tree stumps and damaged trees, and set-up and control of temporary debris management sites and other debris staging sites, if established. Coordination of communication with appropriate Federal, State, and Local Agencies. If needed and as directed, assist District staff with federal, state and county regulatory and/or permitting requirements required for the debris removal and/or disaster recovery efforts. Implementation of a recordkeeping and monitoring system compliant with rules, regulations, and requirements of FEMA, FHWA, NRCS, and all other applicable public agencies associated with debris removal and recovery efforts. Preparation of operational reports to advise of the progress of Districtwide debris removal efforts. Preparation of daily damage reports to advise of damage to private and public property as a result of debris removal efforts. Assist with the preparation of all reports, documents, and records as may be needed to be filed with the appropriate Federal, State, or County agency. As may be needed, assist District staff with seeking and obtaining applicable reimbursement from state and federal agencies for costs incurred in the debris removal and disaster recovery efforts. If needed and as directed, prepare preliminary Damage assessments or follow-up assessments. If needed and as directed, Damage assessment to include plan development, procedure development, staff training, and staff augmentation. Page 22 of 61

23 If needed and as directed, Damage assessment of facilities. If needed and as directed, consult with District staff or independently prepare a debris removal / disaster recovery plan and develop an appropriate training program for District staff. If needed and as directed, consult with District staff or independently prepare a comprehensive mitigation program to include development of a mitigation plan, staff training, cost-benefit analysis, project management, environmental review, and staff augmentation. Aerial photographs per the Emergency Management/Utilities Department specifications will be flown monthly (of the debris sites or other areas as designated or requested by the District). Technical support and assistance in developing public information. OTHER SERVICES As directed by the District, the Contractor may provide the following: Training and Assistance Sessions for all key District personnel and assistance in all disaster debris removal and disaster recovery planning efforts as requested. Preliminary Damage Assessment Determine the impact and magnitude of the disaster event before federal assistance is requested, identifying damaged locations and facilities, pre and post disaster estimates of debris quantities, documenting eligible costs and describing the physical and financial impacts of the disaster. Debris Planning Efforts Assist in all disaster recovery planning efforts as requested by the District. These planning efforts shall include but are not limited to development of a debris management plan, assistance in the identification of adequate temporary debris storage and reduction sites, estimation of debris quantities, and emergency action plans for debris clearance following a disaster event. Digitization of all source documentation (such as load tickets). Consult with District staff on computer applications, such as GIS mapping of the progress of debris removal and disaster recovery efforts. FINAL REPORT A final report will be prepared by the Contractor and will be submitted to a distribution list as established by the District s Project manager within thirty (30) days of completion of removal and recovery efforts. Removal and recovery operations include closure of sites, remediation of sites, and the conclusion of all related activities. At a minimum, the following information will be included in this report: The locations of temporary debris sites used, remediation and site closure activities, including any environmental reports or authorizations generated. The locations of final disposal sites and permits, recycling facilities and salvage facilities used during the operations. Preparation of a final debris removal and disaster recovery report to the District discussing, in part, the response requirements and results. Recommendations for future disaster response strategies. If needed and as directed propose a mitigation plan, including applicable risk assessments and accompanying training program, to reduce the District s expense to potential future damage from natural disasters. Copies of manifests, certificates, and related documents. Log books and all other data taken during the implementation of the disaster response plan. MEETINGS AND COMMUNICATIONS Open timely communication and written documentation are significant actions to provide successful completion of the Disaster Response Plan. Throughout the execution of the plan, the Contractor will meet with District representatives as directed by and coordinated with the District. Contractor will attend a pre-proposal conference for the debris removal contractors, if so directed by the District, and will convene and attend regular progress and Page 23 of 61

24 coordination meetings, as appropriate. The Contractor must provide minutes of all meetings. Minutes shall be provided within three (3) business days after the meeting occurs. REVIEW, PERMITS, AND CERTIFICATES A wide variety of permits, licenses, and certificates may be required to perform debris management work, depending on the assignment. The Contractor will work closely with the District and local agencies and regulators to clarify and resolve any compliance issues, as well as to determine requirements for and to obtain necessary permits, licenses, and certificates, if requested. In these cases, the Contractor will identify the requirements and demonstrate compliance, even though permits are not required. The Contractor shall assist the District with any permit applications and coordination with environmental agencies; shall monitor debris removal contractor(s) to ensure compliance with any permit requirements; and, shall assist the District with any pre or post sampling of soil or groundwater, as necessary. Some of the permits that we anticipate being required for this type of work include, but may not be limited to, the following: Environmental Permits asbestos/lead paint abatement, construction permit, demolition permits Clean Air Act (Emissions) Permits fugitive emissions (dust) control permit ASSESSMENT OF DEBRIS ACCUMULATION IN WATER RETENTION PONDS, DRAINAGE WAYS AND SWALES The Contractor will assist the District in assessing and documenting the debris accumulation and damage in the District s drainage canals and provide the District with a GIS map depicting canals requiring focused maintenance, with GIS files and maps. EVENT CLOSURE The Contractor will assist the District in preparing final reports necessary for reimbursement by FEMA, FHWA, NRCS and any other applicable agency for disaster recovery efforts by District staff and requests for payment by the disaster debris removal contractors. COMPLIANCE The Contractor shall provide professional oversight to ensure compliance with FDEP regulations, FDOT, FHWA, SFWMD, NRCS, FDH, and FEMA reporting requirements, and any other Federal, State, or Local regulation(s). The contractor shall stay current with FEMA, FDOT, FDEP, SFWMD, NRCS, FDH, and FHWA policies and procedures and notify the District immediately as changes occur. Contractor shall follow all of the requirements of 2 C.F.R in the execution of this Contract, and shall require and enforce similar compliance with all sub-contractors for contracts awarded by non-federal Entities under Federal Awards which are incorporated herein by reference as if enumerated herein in their entirety. The contractor shall ensure specific compliance when required by regulation or statute with all Federal or State regulatory requirements specifically including, but not limited to, the Buy America Act, the National Environmental Act (NEPA) of 1969, Davis-Bacon Wages Act, 49 CFR Part 26 regarding utilization of Disadvantaged Business Enterprises (DBEs), America with Disabilities Act (ADA) of 1990, the Equal Opportunity Act, 23, USC 114 regarding prohibited use of convict labor, and all applicable regulation regarding prohibition of use of contractors which have been suspended or disbarred. Selected contractor shall check work in process to make sure the proper work authorizations, permits and other prerequisites have been received. MEETING WITH DISTRICT PERSONNEL District personnel will conduct a kick-off meeting, with the contractor when the contract is awarded. The Contractor shall meet with District representatives and the debris removal contractor(s) daily during a disaster. During periods without a disaster, the contractor shall meet with the District at least once per year at no cost to the District. This meeting shall occur prior to the hurricane season. Page 24 of 61

25 Reporting to District The Contractor shall contact the District representative at a minimum, 24 hours prior to a hurricane or immediately upon the occurrence of a major disaster in which there is no advance notification/warning. The contractor shall report to the designated District project manager within 8 hours of being given Notice to Proceed. PERFORMANCE SCHEDULE Contractor will provide continuous services, per the hourly rates proposed on Form A-1 herein, and for the period specified in the notice to proceed. Contractor will mobilize a staff of sufficient size to adequately monitor debris operations. During this period, the Project Manager will provide daily updates on debris removed and estimate the time remaining for job completion. FHWA-ER PROGRAM and 2 CFR PART 200 CONTRACT REQUIREMENTS The District intends to seek reimbursement from FHWA for the eligible debris removal performed on federal aid roads. Consequently, the District mandates compliance from the successful Contractor regarding the following: FHWA Form 1273, titled Standard Federal-aid Provisions. FHWA Form 1273 will be included in the final contract. Buy America Requirements Davis-Bacon Wages Act waived for Debris Removal services only; applies to all other work types 49 CFR Part 26, Disadvantage Business Enterprise Program American with Disabilities Act of 1990 (ADA) Convict Labor Prohibition All invoices must conform to the billing methodology specified in the contract. Failure to properly invoice will result in non-payment of invoices. o o Disaster related purchases (those made with a special disaster purchase order form shall never be co-mingled with regular invoices. All disaster invoices shall include the location where delivered or where used, if appropriate. All of the Contractor s project invoices will be audited prior to payment to ensure compliance with Federal documentation requirements: Time cards Daily work reports for every employee, by each separate FEMA category of work Daily equipment use, by each separate FEMA category of work List of all supplies and materials used, by each separate FEMA category of work. Includes both prime and sub-contractors All work must be properly grouped according to FEMA damage categories as specified in the contract. FHWA-ER and 200 C.F.R. Program contract requirements are subject to any changes provided by FEMA or FHWA during the term of the contract. Based on the current guidance, FHWA will only reimburse the District for the initial collection, hauling and tipping fee, if applicable, of eligible debris. Debris reduction operations are not eligible for reimbursement unless the debris is being reduced as part of a rolling pickup operation. As a result, the FHWA-ER eligible debris that is collected during the first pass shall be hauled to the nearest Final Disposal Site unless otherwise directed by the District. TIME AND MATERIAL CONTRACTS IF REQUIRED As may be necessary under this Agreement, whenever separate Time and Materials contracts for any tasks not specified in this document are required, the following requirements shall apply: Page 25 of 61

26 Unless otherwise specified in writing, no Time and Materials contract shall exceed seventy (70) hours of work. Any work done beyond seventy (70) hours is at the Contractor s risk. All Time and Materials contracts must have a not-to-exceed cost cap which the Contractor exceeds at their own risk. All Time and Materials contracts are subject to ongoing monitoring by either District staff and/or an independent third party monitoring firm. All Time and Materials contracts listing equipment shall include FEMA Equipment Rate Sheet four (4) digit codes as reference. CHANGE ORDERS The District, without invalidating this Agreement, may order additions, deletions or revisions to the Work. A written Change Order or Work Change Directive shall authorize such additions, deletions or revisions. All Change Orders which, individually or when cumulatively added to amounts authorized pursuant to prior Change Orders for this Project, increase the cost of the Work to the District or which extend the time for completion, must be formally authorized and approved by the appropriate District authority prior to their issuance and before Work may begin. No claim against the District for extra Work in furtherance of a Change Order shall be allowed unless prior written District approval pursuant to this section has been obtained. The Contract Price and Contract Time shall be changed only by Change Order or written Amendment. The Project Manager shall prepare Proposed Change Orders on forms provided by the District. When submitted for approval, they shall carry the signature of the District Property Management Director, the District Manager, and the Contractor. If the District and the Contractor are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract times that should be allowed as a result of a Work Change Directive, a claim may be made therefore. The Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice will be the Contractor s responsibility and the amount of each applicable bond shall be adjusted accordingly. Any claim for adjustment in the Contract Price or time shall be based upon written notice delivered by the party making the claim to the other parties and to the Engineer/Project Manager not later than fifteen (15) calendar days after the occurrence or event giving rise to the claims and stating the general nature of the claim. No claim for an adjustment in the Contract Price or an extension of the contract time will be valid if not submitted in accordance with this Paragraph. The cost or credit to the District from a change in the Work shall be determined by one or more of the following ways: By a Cost Analysis process to be performed on all change orders. The cost analysis for all change orders will include a separate determination of profit for each change order requested. When only nominal quantities are to be changed, change order may be determined by existing unit prices stated in the Contract Documents or subsequently agreed upon. For substantive changes in quantities, Contractor shall be required to perform a cost analysis as required in the previous paragraph. FINAL PROJECT CLOSE OUT Upon final inspection of the project by the District, the Contractor(s) shall submit a detailed description of all debris management activities, to include the total volume, by type of debris hauled and or disposed. Services not specifically identified in any contract derived from this request may be added to the contract upon mutual consent of the contracting parties. Page 26 of 61

27 PART 4 BID DOCUMENTS BID COVER PAGE Name of Firm, Entity or Organization: Federal Employer Identification Number (EIN): State of Florida License Number (If Applicable): Name of Contact Person: Title: Address: Mailing Address: Street Address (if different): City, State, Zip: Telephone: Fax: Organizational Structure Please Check One: Corporation Partnership Proprietorship Joint Venture Other If Corporation: Date of Incorporation: State of Incorporation: States Registered in as Foreign Corporation: Does your firm accept Visa for payment? Yes No Authorized Signature: Print Name: Signature: Title: Phone: This document must be completed and returned with your Submittal. Page 27 of 61

28 BID FORM for EMERGENCY DEBRIS REMOVAL MONITORING SERVICES Position Field Supervisor $ Debris Site / Tower Monitor $ Field Coordinator (Crew Monitor) $ Project Manager $ FEMA Coordinator $ Scheduler/Expeditor $ GIS Analyst $ Environmental Specialist $ Project Inspector (Citizen Site Monitor) $ Load Ticket Data Entry Clerk (QA/QC) $ Billing / Invoice Analyst $ Administrative Assistant $ Data Manager $ GRAND COMBINED TOTAL $ Hourly Rate NOTES Bid will be awarded based on the lowest responsible and responsive Bidder. Bid evaluation to determine the lowest and responsive Bidder will include the Grand Total of Combined Hourly Rates and Contractor s References. The above amounts include salary cost, fringe benefits, overhead, operating margin and profit, and all direct and indirect expenses. The hourly rates shall include all costs, all applicable overhead, taxes, benefits, handling charges, and profits. No travel expenses, mileage, per diem, meals, rental cars and or lodging will be paid by the District. It is understood that hourly rates include data management and support to the District in a format that is standard with FEMA and FHWA for reimbursement from such entities to the District. Bid prices must include all freight charges and delivery charges for any and all material delivered to the work site. Bidder hereby certifies that he/she has familiarized himself/herself with the extent of the work, examined carefully the scope of services herein and proposes to furnish all labor, materials, and services. When completing your bid, do not attach any forms which may contain terms and conditions that conflict with those listed in the District s bid documents. Inclusion of additional terms and conditions such as those which may be on your company s standard forms may result in your bid being declared non-responsive. All price information to be used in the Bid review must be on this Bid form. District reserves the right to adjust any quantity upward or downward as may be warranted or necessary. No spaces are to be left blank, but should be marked as follows: N/A = Not Applicable N/C = No Charge N/B = No Bid Spaces marked with a zero (0) will be considered no charge. Page 28 of 61

29 "The undersigned, as Bidder, hereby declares that he/she has informed himself/herself fully in regard to all conditions to the work to be done, and that he/she has examined the BID and Specifications for the work and comments hereto attached. The Bidder agrees, if this Bid is accepted, to contract with the Village Community Development Districts in the form of an Agreement, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, labor and service necessary to complete the work covered by the Bid and Contract Documents for this Project. The Bidder agrees to accept in full compensation for each item the prices named in the schedules incorporated herein. Bidder agrees to supply the products or services at the prices proposed above in accordance with the terms, conditions and specifications contained in this Bid. Authorized Agent Name, Title (Print) Authorized Signature Date Name of Bidder s Firm: This document must be completed and returned with your Submittal Page 29 of 61

30 EXCEPTIONS OR DEVIATIONS TO SPECIFICATIONS Note: Bidder must sign the appropriate statement below as applicable. ( ) Bidder understands and agrees to all terms, conditions, requirements and specifications stated herein. Firm: Signature: -OR- ( ) Bidder takes exceptions to terms, conditions, requirements or specifications stated herein. (Bidder must itemize each exception below and return with the Bid Form.) Firm: Signature: Bidder should note that any exceptions taken from the stated terms and/or specifications may, but not necessarily will be cause for their submittal to be deemed non-responsive, risking rejecting of the submittal. Attached are additional pages. Name of Proponent s Firm: This document must be completed and returned with your Submittal Page 30 of 61

31 DISCLOSURE OF SUBCONTRACTORS, SUBCONSULTANTS AND SUPPLIERS Note: Bidder must sign the appropriate statement below as applicable. ( ) No Subcontractors, Subconsultants or Suppliers will be used in connection with performance of this contract. Firm: Signature: -OR- ( ) All Subcontractors, Subconsultants or Suppliers to be used in connection with performance of this contract are listed below. (Attach additional sheets as necessary.) Firm: Signature: Name of Firm or Agency: Address: Telephone: Contact Name / Title: License: SUBCONTRACTORS, SUBCONSULTANTS AND SUPPLIERS Name of Firm or Agency: Address: Telephone: Contact Name / Title: License: Name of Firm or Agency: Address: Telephone: Contact Name / Title: License: Name of Firm or Agency: Address: Telephone: Contact Name / Title: License: Name of Proponent s Firm: This document must be completed and returned with your Submittal Page 31 of 61

32 BIDDER S CERTIFICATION Submit To: Village Community Development Districts Purchasing Department 940 Lakeshore Drive, Suite 200 The Villages, FL Phone Fax VILLAGE COMMUNITY DEVELOPMENT DISTRICTS INVITATION TO BID (BID) CERTIFICATION AND ADDENDA ACKNOWLEDGMENT DUE DATE: September 14, 2017 DUE TIME: 3:00pm TITLE: Emergency Debris Removal Monitoring Services VENDOR NAME: PHONE NUMBER: VENDOR MAILING ADDRESS: FAX NUMBER: DISTRICT/STATE/ZIP: ADDRESS: I, the undersigned, certify that I have reviewed the addenda listed below (list all addenda received to date). Addendum # Addendum # Addendum # Addendum # Addendum # I, the undersigned, declare that I have carefully examined the BID, specifications, terms and conditions as applicable for this Request, and that I am thoroughly familiar with all provisions and the quality and type of coverage and services specified. I agree to abide by all conditions of this BID and certify that I am authorized to sign this response and that the offer is in compliance with all requirements of the BID, including but not limited to certification requirements, insurance requirements and E-Verify participation. I understand that timely commencement will be considered in award of this BID and that cancellation of award will be considered if commencement time is not met, and that untimely commencement may be cause for assessment of liquidated damages claims. I further certify that the services will meet or exceed the BID requirements. I certify that this quote is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a BID for the same material, supplies, equipment or services and is in all respects fair and without collusion or fraud. I further declare that I have not divulged, discussed, or compared this BID with any other Offeror and have not colluded with any Offerors or parties to a BID whatsoever for any fraudulent purpose. In conducting offers with an agency for Village Center Community Development District, Sumter Landing Community Development District, Brownwood Community Development District or any Village Community Development District 1-12, respondent agrees that if this BID of action it may now or hereafter acquire under the anti-trust laws of the United States for price fixing relating to the particular commodities or services purchased or acquired by the Districts. At the Districts discretion, such assignment shall be made and become effective at the time the purchasing agency renders final payment to the respondent. Authorized Agent Name, Title (Print) Authorized Signature Date Name of Proponent s Firm: This form must be completed and returned with your Submittal Page 32 of 61

33 STATEMENT OF TERMS AND CONDITIONS PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal/Bid on a contract to provide any goods or services to a public entity, for the construction or repair of a public building or public work, may not submit Proposals/Bids on leases of real property to a public entity, may not be awarded or perform work as a vendor, supplier, subvendor, 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 , for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. INDEMNIFICATION : The Vendor agrees to indemnify and hold harmless Village Center Community Development District, Sumter Landing Community Development District, North Sumter County Utility Dependent District, Brownwood Community Development District, Village Community Development Districts 1-12 and their elected officials, employees and volunteers and defend and indemnify the Districts and the agents, servants, employees, officers, and officials thereof from and against any and all liability or responsibility for damage to property or person that may arise in connection with the services to be provided hereunder, including reasonable attorney fees and expenses. PROHIBITION OF LOBBYING: During the black out period which is, the period between the time the submittals for Invitation to Bid or the Request for Proposal, or Qualifications, or information, as applicable, are received at Contracts / Purchasing and the time the Board awards the contract, no proposer, no lobbyist, principal, or other person may lobby, on behalf of a competing party in a particular procurement matter, any member of the Board, or any District employee other than the Purchasing Manager. Violation of this provision may result in disqualification of violating party. All questions regarding this Request for Proposal (RFP) or Invitation to Bid (BID) must be submitted in writing to the District s Purchasing Manager. ANTI TRUST LAWS: By submission of a signed RFP or BID, the successful Vendor acknowledges compliance with all antitrust laws of the United States and the State of Florida, in order to protect the public from restraint of trade, which illegally increases prices. CONFLICT OF INTEREST: The award of the contract hereunder is subject to the provisions of Chapter 112 of the Florida Statutes. Vendors shall disclose the name of any Officer, Director, Partner, Associate, or Agent who is also an Officer, Appointee, or Employee of any of the Districts at the time of the RFP or BID, or at the time of occurrence of the Conflict of Interest thereafter. INTERPRETATION, CLARIFICATIONS AND ADDENDA: No oral interpretations will be made to any vendor as to the meaning of the RFP/BID Contract Documents. Any inquiry or request for interpretation received by the Purchasing Manager before the date listed herein will be given consideration. All such changes or interpretations will be made in writing in the form of an addendum and, if issued, will be distributed at or after the Pre-Proposal/Pre-Bid Conference, mailed or sent by available or electronic means to all attending prospective Submitters prior to the established RFP/BID opening date. Each Vendor shall acknowledge receipt of such addenda in the space provided. In case any Proposer/Bidder fails to acknowledge receipt of such addenda or addendum, his offer will nevertheless be construed as though it had been received and acknowledged and the submission of his bid will constitute acknowledgment of the receipt of same. All addenda are a part of the RFP/BID FORMS and each Proposer/Bidder will be bound by such addenda, whether or not received by him. It is the responsibility of each proposer/bidder to verify that he has received all addenda issued before RFP s/bid s are opened. In the case of unit price items, the quantities of work to be done and materials to be furnished under this RFP/BID Contract are to be considered as approximate only and are to be used solely for the comparison of RFP s/bid s received. The District and/or his CONSULTANT do not expressly or by implication represent that the actual quantities involved will correspond exactly therewith; nor shall the Vendor plead misunderstanding or deception because of such estimate or quantities of work performed or material furnished in accordance with the Specifications and/or Drawings and other Proposal/Bid Documents, and it is understood that the quantities may be increased or diminished as provided herein without in any way invalidating any of the unit or lump sum prices bid. GOVERNING LAWS AND REGULATIONS: The vendor is required to be familiar with and shall be responsible for complying with all federal, state and local laws, ordinances, rules and regulations that in any manner affect the work. PROPRIETARY/CONFIDENTIAL INFORMATION: Vendors are herby notified that all information submitted as part of, or in support of RFP s/bid s, will be available for public inspection ten days after opening of the RFP s/bid s or until a short list is recommended whichever comes first, in compliance with Chapter 119, and 287 of the Florida Statutes. Any person wishing to view the RFP s/bid s must make an appointment by calling the Purchasing Manager at (352) All RFP s/bid s submitted in response to this solicitation become the property of the District. Unless information submitted is proprietary, copy written, trademarked, or patented, the District reserves the right to utilize any or all information, ideas, conceptions, or portions of any RFP/BID, in its best interest. TAXES: Village Center Community Development District, Sumter Landing Community Development District, North Sumter County Utility Dependant District, Brownwood Community Development District and Village Community Development Districts 1-12 are exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. NON-COLLUSION DECLARATION: By signing this RFP/BID, all Vendors shall affirm that they shall not collude, conspire, connive or agree, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the work for which their RFP/BID has been submitted; or to refrain from Bidding in connection with such work; or have in any manner, directly or indirectly, sought by person to fix the price or prices in the RFP/BID or of any other Bidder, or to fix any overhead, profit, or cost elements of the RFP/BID price or the RFP/BID price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful Contract any advantage against any other Bidder, or any person interested in the proposed work. PROPOSER RESPONSIBILITY: Invitation by the Districts to vendors is based on the recipient s specific request and application to DemandStar by Onvia at to the District website at or as the result of response by the public to the legal advertisements required by State law. Firms or individuals submit their responses on a voluntary basis, and therefore are not entitled to compensation of any kind. OWNERSHIP OF SUBMITTALS: All responses, inquiries or correspondence relating to or in reference to this RFP/BID, and all other reports, charts, displays, schedules, exhibits and other documentation submitted by the vendors will become the property of the District. Reference to literature submitted with a previous RFP/BID will not relieve the Bidder from including any required documents with this RFP/BID. EXAMINATION OF BID DOCUMENTS: Each Bidder shall carefully examine the RFP/BID Document to ensure all pages have been received, all drawings and/or Specifications and other applicable documents are included, and shall inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress or performance of the work to be performed under the Contract. Ignorance on the part of the VENDOR will in no way relieve him of the obligations and responsibilities assumed under the Contract. VENDOR RESPONSIBILITY: Vendors are fully and completely responsible for the labeling, identification and delivery of their submittals. The Purchasing Manager will not be responsible for any mislabeled or misdirected submissions, nor those handled by delivery persons, couriers, or the US Postal Service. DRUG FREE WORKPLACE: All Proposers/Bidders shall submit the enclosed, duly signed and notarized form entitled Drug Free Workplace Certificate. The Drug Free Workplace Vendor shall have the burden of demonstrating that his program complies with Section of the Florida Statutes, and any other applicable state law. VILLAGE CENTER COMMUNITY DEVELOPMENT DISTRICT, SUMTER LANDING COMMUNITY DEVELOPMENT DISTRICT, NORTH SUMTER COUNTY UTILITY DEPENDENT DISTRICT, BROWNWOOD COMMUNITY DEVELOPMENT DISTRICT AND VILLAGE COMMUNITY DEVELOPMENT DISTRICTS 1-12, are political subdivisions of the State of Florida, and reserve the right to reject any and/or all submittals, reserve the right to waive any informalities or irregularities in the examination process, and reserve the right to award contracts and/or in the best interest of the Districts. Submittals not meeting stated minimum terms and qualifications may be rejected by the Districts as non-responsive. The Districts reserve the right to reject any or all submittals without cause. The Districts reserves the right to reject the submission of any Vendor in arrears or in default upon any debt or contract to the Districts, or who has failed to perform faithfully any previous contract with the Districts or with other governmental agencies. PUBLIC RECORDS LAW: Correspondence, materials and documents received pursuant to this RFP/BID become public records subject to the provisions of Chapter 119, Florida Statutes. PREPARATION OF PROPOSALS/BIDS: Signature of the Bidder: The Bidder must sign the RFP/BID FORMS in the space provided for the signature. If the Proposer/Bidder is an individual, the words doing business as, must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words, Member of the Firm should be written beneath such signature. If the Proposer/Bidder is a corporation, the title of the officer signing the RFP/BID on behalf of the corporation must be stated and evidence of his authority to sign the RFP/BID must be submitted. The Proposer/Bidder shall state in the RFP/BID FORMS the name and address of each person interested therein. Basis for Bidding: The price proposed for each item shall be on a lump sum or unit price basis according to specifications on the RFP/BID FORM. The proposed prices shall remain unchanged for the duration of the Contract and no claims for cost escalation during the progress of the work will be considered, unless otherwise provided herein. Total Proposed Price/Total Contract Sum Proposed: If applicable, the total price bid for the work shall be the aggregate of the lump sum prices proposed and/or unit prices multiplied by the appropriate estimated quantities for the individual items and shall be stated in figures in the appropriate place on the RFP/BID FORM. In the event that there is a discrepancy on the RFP/BID FORM due to unit price extensions or additions, the corrected extensions and additions shall be used to determine the project bid amount. TABULATION: Those wishing to receive an official tabulation of the results of the opening of this RFP/BID are to submit a self-addressed, stamped business size (No. 10) envelope, prominently marked on the front lower left side, with the RFP identification. Tabulation requested by telephone, fax or electronic media will not be accepted. OBLIGATION OF WINNING BIDDER: The contents of the RFP/BID of the successful proposer/bidder will become contractual obligations if acquisition action ensues. Failure of the successful Proposer/Bidder to accept these obligations in a contract may result in cancellation of the award and such vendor may be removed from future participation. AWARD OF BID: It is the Districts intent to select a vendor within sixty (60) calendar days of the deadline for receipt of Proposals/Bids. However, Proposals/Bids must be firm and valid for award for at least ninety (90) calendar days after the deadline for receipt of the RFP/BID. ADDITIONAL REQUIREMENTS: The firms shall furnish such additional information as the Districts may reasonably require. This includes information which indicates financial resources as well as ability to provide the services. The Districts reserve the right to make investigations of the qualifications of the firm as it deems appropriate. PREPARATION COSTS: The Districts shall not be obligated or be liable for any costs incurred by Proposers/Bidders prior to issuance of a contract. All costs to prepare and submit a response to this RFP/BID shall be borne by the Proposer/Bidder. TIMELINESS: All work will commence upon authorization from the Districts representative (Purchasing Manager). All work will proceed in a timely manner without delays. The Vendor shall commence the work UPON RECEIPT OF NOTICE TO PROCEED and/or ORDER PLACED (PURCHASE ORDER PRESENTED), and shall deliver in accordance to the terms and conditions outlined and agreed upon herein. DELIVERY: All prices shall be FOB Destination, The Villages, Florida, inside delivery unless otherwise specified. ADDITIONAL SERVICES/PURCHASES BY OTHER PUBLIC AGENCIES ( PIGGY-BACK ): The Vendor by submitting a Bid acknowledges that other Public Agencies may seek to Piggy-Back under the same terms and conditions, during the effective period of any resulting contract services and/or purchases being offered in this Bid, for the same prices and/or terms proposed. Vendor has the option to agree or disagree to allow contract Piggy-Backs on a case-by-case basis. Before a Public Agency is allowed to Piggy-Back any contract, the Agency must first obtain the vendor s approval without the vendor s approval, the seeking Agency cannot Piggy-Back. PLANS, FORMS & SPECIFICATIONS: Bid Packages are available from the Purchasing Manager. These packages are available for pickup or by mail. If requested to mail, the Proposer/Bidder must supply a courier account number (UPS, FedEx, etc). Proposers/Bidders are required to use the official RFP/BID FORMS, and all attachments itemized herein, are to be submitted as a single document. Any variation from the minimum specifications must be clearly stated on the RFP/BID FORM and/or Exceptions/Deviations Sheet(s). Only one set of plans, forms, and specifications will be furnished each company or corporation interested in submitting a proposal/bid. RFP/BID FORM documents for this project are free of charge and are available on-line and are downloadable (vendor must pay any DemandStar fees or any shipping). MANUFACTURER S NAME AND APPROVED EQUIVALENTS: Any manufacturer s names, trade names, brand names, information and/or catalog numbers listed in a specification are for information and not intended to limit competition unless otherwise indicated. The Proposer/Bidder may offer any brand for which he is an authorized representative, which meets or exceeds the RFP/BID specification for any item(s). If RFP s/bid s are based on equivalent products, indicate on the RFP/BID FORM the manufacturer s product name and literature, and/or complete specifications. Reference to literature submitted with a previous RFP/BID will not satisfy this provision. The Proposer/Bidder shall explain in detail the reason(s) why the proposed equivalent will meet the specifications and not be considered an exception thereto. RFP s/bid s which do not comply with these requirements are subject to rejection. RFP s/bid s lacking any written indication of intent to quote an alternate brand will be received and considered in complete compliance with the specifications as listed on the RFP/BID FORM. The Purchasing Manager is to be notified, in writing, of any proposed changes in materials used, manufacturing process, or construction. However, changes shall not be binding upon the Districts unless evidenced by a Change Notice issued and signed by the Purchasing Manager, or designated representative. QUANTITIES: The quantities as specified in this RFP/BID are estimates only and are not to be construed as guaranteed minimums. SAMPLES: Samples of items, when called for, shall be furnished free of expense, and if not destroyed may, upon request, be returned at the Proposer s/bidder s expense. Each sample shall be labeled with the Proposer s/bidder s name, manufacturer brand name and number, RFP/BID number and item reference. Samples of successful Proposer s/bidder s items may remain on file for the term of the contract. Request for return of samples shall be accompanied by instructions which include shipping authorization and must be received at time of opening. Samples not returned may be disposed of by the Districts within a reasonable time as deemed appropriate. DOCUMENT RE-CREATION: Vendor may choose to re-create any document(s) required for this solicitation, but must do so at his own risk. All required information in the original District format must be included in any recreated document. Submittals may be deemed non-responsive if required information is not included in any recreated document. ACKNOWLEDGED: Signature Date This document must be completed and returned with your Submittal Page 33 of 61

34 DRUG FREE WORKPLACE CERTIFICATE I, the undersigned, in accordance with Florida Statute , hereby certify that, (print or type name of firm) Publishes a written statement notifying that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace named above, and specifying actions that will be taken against violations of such prohibition. Informs employees about the dangers of drug abuse in the work place, the firm s policy of maintaining a drug free working environment, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug use violations. Gives each employee engaged in providing commodities or contractual services that are under proposal or bid, a copy of the statement specified above. Notifies the employees that as a condition of working on the commodities or contractual services that are under proposal or bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, please or guilty or nolo contendere to, any violation of Chapter 1893, or of any controlled substance law of the State of Florida or the United States, for a violation occurring in the work place, no later than five (5) days after such conviction, and requires employees to sign copies of such written (*) statement to acknowledge their receipt. Imposes a sanction on, or requires 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. Makes a good faith effort to continue to maintain a drug free work place through the implementation of the drug free workplace program. As a person authorized to sign this statement, I certify that the above named business, firm or corporation complies fully with the requirements set forth herein. Authorized Signature Date Signed State of: County of: Sworn to and subscribed before me this day of, 2017 Personally known or Produced Identification (Specify Type of Identification) Signature of Notary My Commission Expires (seal) This document must be completed and returned with your Submittal Page 34 of 61

35 ANTI-COLLUSION STATEMENT By signing, this form, the vendor agrees that this offering is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a quote for the same purpose and that the quote is in all respects fair and without collusion or fraud, IT IS AGREED BY THE UNDERSIGNED VENDOR THAT THE SIGNING AND DELIVERY OF THE QUOTE REPRESENTS THE VENDOR'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE FORGOING SPECIFICATIONS AND PROVISIONS, AND IF AWARDED, THIS CONTRACT WILL REPRESENT THE AGREEMENT BETWEEN THE VENDOR AND THE VILLAGE COMMUNITY DEVELOPMENT DISTRICTS. NAME OF FIRM: _ [Sign in ink in the space provided below] SIGNED BY: TITLE: ADDRESS: DISTRICT & STATE: TELEPHONE: No quotes will be withdrawn for a period of sixty (60) days subsequent to the opening of quotes, without the consent of the Purchasing Director. NO QUOTE (Reason): This document must be completed and returned with your Submittal Page 35 of 61

36 REFERENCES & SIMILAR PROJECTS FORM (References must be of similar size and scope to this project and for work performed within the past three (3) years.) Owner / Business Name: Project Location / Address: District: State: Zip Code: Point of Contact: Phone Number: Dates of Work: Fax Number: Address: Project Name: Contract Amount: Brief Description of Project and Installation: Owner / Business Name: Project Location / Address: District: State: Zip Code: Point of Contact: Phone Number: Dates of Work: Fax Number: Address: Project Name: Contract Amount: Brief Description of Project and Installation: Owner / Business Name: Project Location / Address: District: State: Zip Code: Point of Contact: Phone Number: Dates of Work: Fax Number: Address: Project Name: Contract Amount: Brief Description of Project and Installation: Page 36 of 61

37 Owner / Business Name: Project Location / Address: District: State: Zip Code: Point of Contact: Phone Number: Dates of Work: Fax Number: Address: Project Name: Contract Amount: Brief Description of Project and Installation: Owner / Business Name: Project Location / Address: District: State: Zip Code: Point of Contact: Phone Number: Dates of Work: Fax Number: Address: Project Name: Contract Amount: Brief Description of Project and Installation: This document must be completed and returned with your Submittal Page 37 of 61

38 W-9 (Download this form at ) Page 38 of 61

39 NO-BID RESPONSE Village Community Development Districts Statement of No Bid If you do not intend to submit a bid for this project, please complete and return this form prior to date shown for receipt of bids to: Village Community Development Districts, 940 Lakeshore Drive, Suite 200, The Villages, FL 32162, Attn: Melissa Schaar, Buyer. We, the undersigned, have declined to submit a bid on your Emergency Debris Removal Monitoring Services for the following reasons: Specifications are too tight, i.e. geared toward one brand or manufacturer only (please explain reason below) Insufficient time to respond to the Invitation to Bid. We do not offer this product/service or equivalent. Our schedule would not permit us to perform to specifications. Unable to meet specifications. Unable to meet insurance requirements. Specifications unclear (please explain below). Competition restricted by pre-approved owner standards. Other (please specify below). Remarks: Company Name: Address: Signature and Title: Telephone Number Date Page 39 of 61

40 PART 5 ATTACHMENT ATTACHMENT A SCOPE OF SERVICES for Current Emergency Debris Removal Contract Page 40 of 61

41 Current Emergency Debris Removal Contract SCOPE OF SERVICES for Agreement #16B-024 DISASTER DEBRIS COLLECTION AND DISPOSAL SERVICES DEFINITIONS Removal of Debris from Districts Right-of Way: Load and haul all storm related debris (Vegetative and Mixed debris) to designated Temporary Debris Staging and Reduction Sites (TDSR s) within or close to the Village Community Development Districts, separate, process (grind) and haul the vegetative material to final disposal facility. 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 is reduced to chips at a minimum of a 4 to 1 ratio. Debris, Burnable: Scattered items and materials broken, destroyed, or displaced by a natural disaster. Example: trees, construction, and demolition material, personal property. These items are considered burnable. Debris Clearance: Clearing the major road arteries by pushing debris to the roadside to accommodate emergency traffic. Debris Removal: Picking up debris and taking it to a temporary staging site or permanent landfill. Debris Disposal: Placing mixed debris and/or residue from volume reduction operation into a District and Stateapproved landfill or recycling center. Garbage: Trash placed in bags or cans to be picked up by traditional removal methods. Hazardous Stumps: Tree stumps that are greater than 24 inches in diameter, as measured 24 inches above the ground, that have 50 percent or more of the root-ball exposed, that are on improved public property or a public right-of-way, and it poses an immediate threat to life, and public health and safety. Non-burnable Debris: Includes, but limited to, treated timber, plastic, glass, rubber products, metal products, sheet rock, clothes, non-wood building materials and carpeting. Some non- burnable debris is recyclable. Recyclable debris includes metal products, trailer parts, household appliances, or uncontaminated soil. Recycling: The recovery and re-use of metals, soils, and construction materials that may have residual monetary value Rights-of-Way: The portions of land over which a facility, such as streets, roadways, highways, rail roads, or power lines are built; includes land on both sides of the roadway or highway up to the private property line. Also portions of land between streets and roadways and between streets and multi-modal paths Storage Site: 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 measurement less than 2 feet in diameter will be disposed of by either splitting or chipping/grinding. Tree stumps larger than 2 feet in diameter will be disposed of by either splitting or chipping/grinding. White Metals: Household appliances, such as refrigerators, freezers, stoves, washers, dryers and water heaters. Page 41 of 61

42 WORK SPECIFICATIONS Clear Districts roads, streets and multi-modal paths to allow safe passage as quickly as possible depending on the severity of the disaster and availability of equipment This statement of work describes and defines the services which are required for the execution of Natural Disaster-related emergency debris removal from Federal Aid Highway segments, State, local and private roadways within the Florida Department of Transportation (Department), District Five and the Village Community Development Districts. The contractor shall provide all services described herein and any other services required for completing the project. Activities include, but are not limited to, field operations, debris pickup, debris hauling and removing, debris staging and reduction, temporary debris storage site management and debris management. All debris removal and disposal management services shall be in accordance with all applicable federal and state laws, and environmental regulation. Roads, streets, trails, and multi modal paths will be identified by the Department of Property Management and direction given to the Contractor for such areas and limits for which the Contractor will be responsible for within each area assigned. The District reserves the right to add or delete roadway segments as needed. The District, at its sole discretion, may elect to request additional contract forces. Proper documentation as required by Federal Highway Administration (FHWA), Federal Emergency Management Agency (FEMA) or other federal natural disaster response agency shall be provided for all debris removal operations to ensure reimbursement to the District(s) from the appropriate federal agency. This contract scope does not provide for debris removal work off the state road system. Any such work must be authorized by the assigned District personnel. Such work must be coordinated with the District having jurisdiction over it and must be authorized by the District prior to work being performed. The Department will not provide price adjustments for cost increases or decreases in the price of fuel. The prime contractor is required to perform at least 30% of the work with its own forces. The FDOT Specifications for Road and Bridge Construction and other applicable state and federal Construction Standards are made part of this contract by reference and are applicable when bidding on and when performing work under this contract. In cases of discrepancy between this scope and the specifications, the scope will take precedence. Within five days after commencement of any services pursuant to this Agreement and at all times during the term hereof, including renewals and extensions, the Vendor will supply to the District and keep in force a payment and performance bond provided by a surety authorized to do business in the State of Florida, payable to the District and conditioned for the prompt payment of all persons furnishing labor, materials, equipment, and supplies therefore. The work will begin upon written authorization by the District. No guarantee of minimum or maximum amounts per bid item is made by the District under this Contract. No adjustment to bid prices will be considered due to increases or decreases in estimated quantities. In the event that the natural disaster impacts another District of the District, the terms and conditions of this contract may apply to work in the affected District, with the concurrence of both parties. The District, at its sole discretion, may award one or more contracts based on the bids received and the impact of natural disasters encountered. If more than one award is made, such award will be to the lowest bidder, then to the next lowest bidder(s) based on availability of the bidders and the bidder's ability to satisfy the needs of the District at the time contacted. Debris removal operation: Remove vegetative debris from the Districts right-of-way and public property and haul to a temporary vegetative debris site as determined by the Districts assigned personnel and debris monitoring contractor. Remove non-burnable debris (appliances, household items) and construction and demolition (C&D) debris from the Districts right-of-way and public property to a temporary debris staging site or as determined by the District. Remove debris from private property under certain conditions as determined by the District should an imminent threat to life, safety, and health to the general public be present on private property, or should other circumstances exist. Page 42 of 61

43 Debris Disposal Operation: Chip vegetative debris (limbs and branches) at the pick-up site and haul the resulting chips to a designated final disposal site as determined by designated District personnel or Districts monitoring contractor. Operate vegetative debris volume reduction at the temporary vegetative staging site as determined by designated District personnel or Districts monitoring contractor. Volume reduction may be by chipping and grinding. The District will select a method to be used on environmental considerations as well as all applicable federal, state and local rules and regulations. The Contractor Representative must coordinate daily with the designated District personnel or designee. The Contractor Representative must have the authority to act on behalf of the Contractor to address and resolve issues that may arise during the course of this work. The Contractor shall conduct debris removal during daylight hours and into the late evening depending on the severity of the storm seven days per week. The Contractor is responsible for coordinating with designated District personnel or Districts monitoring contractor in the event weather conditions delay or modify the proposed daily schedule. The total number of actual hours worked by each crew will be according to the needs of the designated District personnel or the Districts monitoring contractor. It is estimated that each crew will work a minimum 10 hours per day, seven days per week. No guarantee of minimum hours is implied or expressed. The District will determine services required. The Contractor shall begin preparation for mobilization immediately after receiving the Notice to Proceed and be fully operational within forty-eight (48) hours. If emergency road or emergency multi-modal path clearance is needed, Contractor shall have crews on standby if needed twenty-four (24) hours before the storm hits or as determined by the designated District personnel. The Contractor is required to grind daily. Debris hauled in shall be chipped within forty-eight (48) hours. All work, including site restoration prior to closeout, shall be completed within thirty (30) calendar days after receiving notice from the District(s) that the last load of debris has been delivered. The Contractor shall supervise and direct the work, using qualified labor and proper equipment for all tasks. Safety of the Contractor s personnel and equipment is the responsibility of the Contractor. Additionally, the Contractor shall pay for all materials, personnel, taxes and fees necessary to perform the work. The Contractor must be duly licensed in accordance with the State of Florida statutory and regulatory requirements to perform the work. The Contractor shall obtain all permits necessary to complete the work. The Contractor shall be responsible for determining what permits are necessary to perform the work. Copies of all permits shall be submitted to the District designee. The Contractor shall be responsible for correcting 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 District(s). The Contractor shall be responsible for paying any and all costs associated with violations of law or regulation relative to their activities. Such costs may include but are not limited to: site cleanup and/or remediation; fines, administrative or civil penalties; and third party claims imposed on the District(s) by any regulatory agency or by any third party as a result of noncompliance with Federal or local environment laws and regulations or nuisance statutes by Contractor, their subcontractors, or any other persons, corporations, or legal entities retained by the Contractor under this contract. The Contractor must attend any and all meetings required by the District(s) to evaluate the debris removal and disposal operations. The Contractor must provide sufficient personnel and management to assure the requirements and specifications of work meets the requirements of this contract. The District designee will closely monitor the work. No debris shall be allowed to accumulate or be stored on public or private property at any time without proper Page 43 of 61

44 authorization from the District. Under no circumstances shall the accumulation of brush, limbs, cut trunks, logs, or other debris be allowed on a public right-of-way in such a manner as to result in a hazard to the public. The Contractor is legally responsible for damage to public and private property while performing duties outlined in these specifications. Any damage to public and private property shall be reported to the District immediately following occurrence for documentation and follow-up. The District or District s designee shall have the right to require the selected Contractor to redo any work that is not done satisfactorily and in accordance with the requirements and specifications stated herein. Such work needing to be redone shall be performed promptly and at no additional cost to the District, either during or after the expiration of the resulting agreement. The Contractor is responsible for the preservation of all public and private property including but not limited to turf, landscaping, sidewalks, curbs, fences, driveways, and sprinkler heads and values. If omission, neglect, or misconduct in the execution of the work on the part of the Contractor, such property shall be restored by the Contractor at its expense to a condition similar or equal to that existing before such damage or injury, or the Contractor shall repair such damage in a manner acceptable to the District. Whenever electric or telephone lines, water lines or any other improvement, public or private, may be jeopardized by any authorized work done by the Contractor, the proper utility agency and homeowner shall be consulted. All motor vehicle and other major equipment used by the selected Contractor to do work shall be clearly identified with the name of the company. No guarantee of minimum number of crews is implied or expressed and payment for services will only be made for actual work performed as required by the District. However, award will be reviewed in part on expediency of mobilization. Debris Removal: The Contractor shall provide all labor, services, equipment, materials and supplies necessary to collect all brush, tree parts, non-burnable debris and C&D debris from the District s rights-of-way and public property. All vegetative debris shall be hauled to a debris volume reduction site as designated by the District or District s monitoring contractor. All non-burnable debris and C&D debris will be hauled to a designated temporary debris staging site or permitted landfill or as determined by the District or District s monitoring contractor. Provide equipment, labor, and materials necessary to perform the "first pass" and all subsequent passes directed by the monitoring contractor. "First Pass" is defined as removing all debris on the affected roadways and multimodal paths from within the rights-of-way as directed and authorized by the District, FHWA, FEMA and their authorized representatives. The work associated with "first pass" and subsequent passes, includes but is not limited to: cutting fallen vegetative debris; picking up and loading vegetative, C & D and Hazardous Materials; hauling materials to either a temporary debris staging and reduction site or final legal disposal site; volume reduction at the temporary debris staging and reduction site; and final hauling and disposal at an appropriate landfill or "waste to energy" facility. All tipping fees shall be a pass thru cost to the District. The District will assist in the debris removal process as needed throughout the District(s.) Once road priorities are established by the District or its representative, crews shall be required to complete entire sectors and/or corridors prior to moving on to other areas. No streets should be bypassed based on quantity of debris alone. During the response phase, 1st push (usually limited to the first 70 hours), the Contractor shall remove any items impeding the flow of traffic, which will include but is not limited to, hangers, trees and stumps. After the 70 hour 1st push, the Contractor will not trim hangers or cut down any trees without the prior written consent of the District or District designee. The District will be responsible for directing tree removal from Districts rights-of-way or on private property, that poses a threat to public safety (including critical utilities) will be removed as directed by the District. This includes hangers, leaning trees, and the stumps associated with such a tree. Provide labor, equipment and materials Page 44 of 61

45 necessary to remove all stumps authorized by the District, FHWA and FEMA. Stump removal operations shall be in accordance with FHWA and FEMA guidelines. The Contractor shall exercise care so as not to generate litter during the removal process. The Contractor shall clean up loose material in the immediate vicinity of the right-of-way. The Contractor shall be responsible for the repair of any collateral damage caused to private or public property. Work shall consist of one pass and any additional passes as directed by the District, to collect all of the brush, tree parts, non-burnable debris and C&D debris set out by residents for collection within the right-of-way from both sides of the roadway. The Contractor shall notify the District of any significant damage to public or private property or major problems, such as equipment failure or loss of qualified labor, on a daily basis. The District or designee will monitor all Contractor operations. The District or designee will have load site monitors stationed at designated check points. The check points must be kept to a minimum and located at a safe site along the primary haul road to the designated disposal site. Each truck driver will be given load tickets that validates where the material originated. The District s monitoring firm will estimate the quantity of debris hauled at the disposal site. The estimated quantity will be recorded on the load ticket and a copy of the load ticket will be given to the truck driver. The District or District s monitoring firm will have roving monitors that will observe Contractor operations to ensure that only eligible debris is removed from the specified locations as designated. Trucks that are observed picking up material outside of the designated rights-of-way or that is ineligible will have all loads hauled that day deducted and the load tickets invalidated. The Contractor shall be prepared to provide chipping equipment and qualified crew to conduct on-street chipping of vegetative debris (tree limbs/branches) in areas inaccessible to normal debris cleaning equipment. Locations of on-street chipping operations will be identified by the District. The on-street chipping crews will consist of a combination of equipment and personnel. On-street areas must be restored to a condition similar or equal to that existing before the storm. Restoration procedures may include, but not be limited to, raking of loose debris. If required, all limbs, branches, foliage, etc in inaccessible areas will be chipped on site using a hand-fed chipper. Chips and other tree debris will be collected and hauled away from work areas by the Contractor immediately following completion of the work to a final disposal site as determined by the District or District s monitoring firm. The work area includes various locations throughout the District(s). When possible, maps and locations will be made available with the Notice to Proceed. Work location and assignments of all contractual crews shall be coordinated daily with the District or designee. Contractor shall report at the start of each workday to the District or designee. The Contractor shall conduct the work so as not to interfere with the disaster response and recovery activities of federal, state and local government or agencies. Provide a means for securing all TDSR's, throughout the life of the contract, to ensure no unauthorized or illegal dumping can occur at the site. Vacuum inlets and sweep curb and gutter sections. Damaged trees and exposed roots are to be removed to below ground level and all remaining holes shall be filled to ground level. Remove leaning trees which are hazardous. Remove leaning trees which are not an immediate hazard only when directed by the District or their designee. Remove hanging limbs which are hazardous. Fill any holes left by removed trees. The cost of borrow required for fill will be included in the cost of bid items. For Trees, Limbs, and Stumps provide services and documentation according to and in compliance with FEMA publication Page 45 of 61

46 Equipment: The Contractor shall provide all equipment necessary for the performance of the work under these requirements and specifications. All equipment repairs and operating cost shall be the responsibility of the Contractor. Equipment, which is designated for this project, shall not be used for any other work during the duration of the contract. The Contractor shall not solicit work from private citizens throughout the District(s). The Contractor shall submit to the District or District monitoring firm, a typed listing that indicates the type of vehicle, make, model, license plate number, driver s name, equipment identification number and measured interior volume (in cubic yards) of the load bed of each piece of equipment utilized to haul debris. The Contractor and District or District monitoring firm shall jointly measure the volume of each piece of equipment calculated from actual interior bed measurements. Maximum volumes may be rounded to the nearest cubic yard, for example: <18.5 CY = 18CY and > 18.5 CY = 19 CY. The reported measured maximum volume of any load bed shall be the same as shown on the signs fixed to each piece of equipment for the duration of the disaster work. Prior to commencing operations, the Contractor shall affix to each piece of equipment signs or markings indicating the owner/operator s name and a unique equipment identification number. Identification numbers shall not be reused. One sign shall be placed on each side of the equipment. For those trucks, and other equipment intended to haul debris, the maximum volume, in cubic yards, of load bed shall also be shown. Signs shall be maintained in an easily readable fashion for the duration of the work. Minimum letter size shall be three (3) inches in height. The District desires that the Contractor maximize the use of self-loading trucks equipped with grapples or loaders with grapple attachments to reduce potential collateral damage and to expedite the cleanup operation. Small hand load operations are discouraged. All equipment hauling debris must be certified by a FEMA approved vendor/agency. All equipment must be in compliance with the bid specifications and all applicable federal, state, and local rules and regulations. Volume Reduction Site Equipment: The Contractor shall provide all equipment necessary to prepare the site, stockpile the debris, feed the grinders, remove mulch from the grinding operations, and load and haul for disposable all non- burnable debris, chips/mulch, and any other equipment which may be necessary. All equipment must be in compliance with all applicable federal, state, and local rules and regulations. All equipment and operator qualifications will meet federal, state and local requirements. Hazardous Waste: Contractor Petroleum, Oil, Lubricant Spills The Contractor shall be responsible for reporting to the District and cleaning up all petroleum, oil, lubricant spills caused by Contractor operations at no additional cost to the District. Immediate containment actions shall be taken as necessary to minimize the effect of any spill or leak. Cleanup shall be in accordance with applicable federal and local laws and regulations. Spills other than on-site shall be reported to the National Response Center and the District immediately following discovery. A written follow-up shall be submitted to the District not later than 7 days after the initial report. The written report shall be in a narrative form and, as a minimum, shall include the following: Description of the material spilled (including identity, quantity, etc.) Determination as to whether or not the amount spilled is EPA/DEP reportable and when and to whom it was reported. Exact time and location of spill, including description of the area involved. Receiving stream or waters Cause of incident and equipment and personnel involved. Page 46 of 61

47 Injuries or property damage. Duration of discharge. Containment procedures implemented. Summary of all communications the Contractor has had with the media or other officials. Description of cleanup procedures employed or to be employed at the site, including disposal location of spill residue. Safety: The Contractor shall be solely responsible for pedestrian and vehicular safety and control within the assigned workspace and shall provide the necessary warning devices, barricades, and other devices necessary to meet federal and local requirements. At a minimum, one flag person shall be posted at each loading site to direct traffic. Provide traffic control (day and/or night) using current FDOT/District Design Standards. Ensure all contractor and subcontractor personnel have and utilize personal protective safety gear in accordance with OSHA requirements and company safety policies. Closure or blocking of public streets and other rights-of-way shall not be permitted unless prior arrangements have been made with the District and is coordinated with appropriate District personnel. Traffic control is the responsibility of the Contractor and shall be accomplished in conformance with local traffic codes. Contractor will be responsible for traffic control, dust control, erosion control, fire protection, on-site roadway maintenance, and safety measures at the temporary debris staging sites. The Contractor shall comply with all federal, state and local safety regulations. The Contractor shall erect proper barricades, signs and warning devices as necessary, for sidewalk and traffic closure/control when doing on-street grinding or debris removal. Any use of tools or equipment in an unsafe condition or manner or application of techniques or methods defined to be unsafe to life or property is strictly forbidden. Site Management and Debris Disposal: Contractor shall provide all labor, service, equipment, materials and supplies necessary to accept, process, and reduce vegetative debris through either tub grinding into chips/mulch. The District or District monitoring firm will select the locations of the vegetative debris volume reduction sites. The Contractor shall provide equipment and personnel to manage and operate (number of sites will be determine after an event occurs and will be based on event severity) vegetative debris volume reduction sites. The District will provide access and authorization to the Contractor to operate on the designated vegetation debris reduction sites including all information in the District s possession regarding the sites, which are necessary for successful operation. The Contractor shall determine and construct observation/inspection towers at each selected temporary vegetative debris volume reduction site. The towers shall be constructed in accordance with and approved by FEMA. Access shall be provided by wooden steps with a handrail. Provide a means for FDOT, their designated representative and District s monitoring firm to measure and certify all trucks. All Temporary Debris Staging and Reduction Sites (TDSR's) shall be equipped with at least one tower from which monitors can safely view contents on each load and determine capacities of each load entering and exiting the TDSR. The District will not provide to the Contractor, potable water, sewage treatment, fuel, other utilities or other personnel, materials, or equipment to operate the debris volume reduction site. The Contractor shall provide portable sanitary facilities and maintain these facilities. The Contractor shall provide utility clearances as appropriate. The Contractors shall protect existing structures at the sites and repair any damage caused by their operations at no additional cost to the District. Contractor shall be responsible for establishing site layout as approved by the District or District s monitoring firm. Contractor shall manage the site to accept debris collected under other District contracts, if appropriate, and by District crews. The same procedures for measuring and estimating the load and the use of load tickets apply. Chips/mulch should be stored in piles no higher than 15 feet and meet all local regulations and laws. No more Page 47 of 61

48 than seven (7) days of chipped debris shall remain on ground at the site. The Contractor will provide a site operations plan for review and approval by the District or District s monitoring firm prior to beginning work. At a minimum, the plan will address the following: Access to the site Site management, to include point of contact, organizational chart, etc. Traffic control procedures Site security Site safety Site layout/segregation plan Continuous watering of site to prevent flying dust Environmental mitigation plan, including considerations for smoke, dust, noise, traffic, buffer zones, and storm water run- off as appropriate The Contractor shall be responsible for preparing the sites to accept the debris. Site preparation may include clearing, erosion control, grading, and construction and maintenance of hauling roads and entrances. Contractor will establish lined temporary storage areas for materials that can contaminate soils, run-off or groundwater. Contractor shall place liners under stationary equipment. The Contractor shall be responsible for installing site security measures and maintaining security for operations at the site. The Contractor shall manage the site to minimize the risk of fire. The Contractor shall be responsible for the closure of the debris management sites within thirty calendar days of receiving the last load of disaster-related debris. Closure shall include removal of site equipment, debris and all remnants from the processing operation (such as temporary toilets, observation towers, security fence, etc.), and grading the site, and restoring the site to its pre-work conditions. The site will be restored in accordance with all local requirements. The Contractor is responsible for the proper disposal of nonburnable debris and wood chips or ash. The Contractor shall receive approval from the District and FEMA as to the final acceptance of a site closure. Secure the necessary permits for the TDSR' s for any non FDOT approved sites from the appropriate regulatory agencies, prepare and manage the TDSR's and when operations are complete, return all TDSR's to their original condition to the satisfaction of the District and the regulatory agencies. Perform any testing required or requested by the regulatory agencies to ensure TDSR's have not been contaminated. Provide, operate and maintain equipment for debris reduction. Maintain segregation of debris (vegetative vs. nonvegetative). Reduce and dispose of any vegetative debris hauled by the District crews to the TDSR's. White goods and Hazardous Household waste shall be recycled in accordance with all federal, state and local rules, regulations and laws. White goods and Hazardous Household waste include washing machines, clothes dryers, dehumidifiers, dishwashers, gas and electric stoves, TVs, computer monitors, refrigerators, freezers, window air conditioners and water heaters or coolers. Remove and recover Freon from any white goods and Hazardous household waste, such as refrigerators, freezers or air conditioners, at the final disposal site in accordance with federal, state and local rules, regulations and laws. Construction & Demolition debris shall be hauled directly to a licensed Florida District of Environmental Protection (FDEP) and Environmental Protection Agency (EPA) disposal facility. Tipping fees shall be reimbursed at cost, no mark-up allowed Invoicing and Payment: All invoices shall be signed by the Contractor. Each type of work must be invoiced separately, then Contractor is expected to provide the details outlined below and any other data as the District may reasonably require. All invoices are subject to pre-audit verification and District or designee approvals prior to payment. Releases of lien, if applicable, shall be submitted with invoices. With each invoice submitted for Page 48 of 61

49 payment, include a certification Disbursement of previous periodic payment to subcontractors (form ) and the amount paid to all subcontractors performing work under this contract to date. The contractor shall be responsible for the preparation of all invoices in a format acceptable to the Department and in accordance with federal, state and local rules, regulations and laws. Invoices shall include original receipts and all backup necessary to support the quantities and amounts invoiced. Payment, less applicable retainage as described below, will be made in accordance with the Fee Rates Schedule included. Such payment will be full and complete payment for all work performed as required under this solicitation. Bid prices shall include all direct costs for performing the work as well as all indirect costs including, but not limited to, administrative costs, all overheads and profits. A lump sum retainage of $10,000 per TDSR (staging area) will be held from the total invoice of work performed at the staging areas until the staging area is restored to its original condition or as otherwise mutually agreed. The lump sum amount will be withheld from the first invoice submitted. The contractor may post a bond in lieu of such retainage. However, the bond(s) must be posted prior to work beginning at the TDSR. The Village Community Development Districts consists of fifteen individual Districts and covers approximately fifty square miles within three individual counties and three individual municipalities. The Contractor may be requested to work in multiple Districts affected by the natural disaster. In that event, the Contractor will be paid for that work in accordance with the Fee Rates Schedule. No additional payment will be made for travel between individual Districts. The bid items listed in the Fee Schedules include compensation for all work required within the Scope of Services. Mobilization and Demobilization: The Contractor may submit an invoice for half the amount for mobilization and demobilization when the crews and equipment and the temporary debris staging site are fully operational. The determination of fully operational shall be by the District. The Contractor may submit an invoice for the remaining half of the mobilization and demobilization amount when the debris removal and disposal operations are completed and the temporary debris staging sites and cleanup have been accepted by the District. Emergency Road, Street & Multi-Modal Path Clearance: The Contractor may invoice for road, street and multi-modal path clearance when the work is completed. The invoice must be substantiated by a detailed spreadsheet showing: Date Hours Worked Operator s name Machinery and equipment used Roads and street cleared Cubic Yardage removed The detail must be supported by daily logs validated and signed by the District or District s monitoring firm. Vegetative Debris Removal: The Contractor may invoice the District not more than every two (2) weeks. Each invoice shall include a daily summary of the load tickets. Each invoice shall be further supported by a listing of all load tickets being invoiced. All load tickets shall contain the following: Contractor name Districts contract number Load ticket number Page 49 of 61

50 Date and time of pick up Pick up location Total cubic yards picked up Debris classification Truck ID number Delivery site District s designated representative signature Contractor s designated representative signature Load ticket must be entered in order on invoice and load ticket number must match items on invoice. Debris chipped on-street and hauled to disposal site: Each invoice for on-street chipping work will be completed based upon the unit price and chipped cubic yard to include chipping and hauling machinery and crew. The invoice shall be substantiated the same as vegetative debris above. Load tickets must clearly indicate on-street chipping. Non-Burnable and C&D Debris: Picking up and hauling of non-burnable debris from rights-of way and public property to a temporary site or permitted landfill site or recycling center will be based upon the same documentation as vegetative debris; however, the amount hauled may be obtained from dumping tickets or load tickets issued by the debris receiving entity. Stumps: FEMA shall authorize and approve removal of all stumps prior to removing. Removing and hauling stumps to a disposal site will be included with other vegetative debris and should be billed a part of the proposed fee. Management of Temporary Storage and Vegetation Volume Reduction Site and Disposal of Chipped or Burned Debris: Contractor must bill for each site separately. Debris storage and reduction site operations will be paid based on the total cubic yards of debris that are delivered as recorded on the load ticket validated by the District or designee. Chipping and hauling for disposal will also be paid based on the total cubic yards of debris delivered to the temporary site at the time the chips are removed to the final disposal site. The load tickets under vegetative debris will be the same used for these purposes together with load tickets of other District. District Obligations: The District shall notify the Contractor when a watch has been established to be put on notice. The District shall notify Contractor when a warning has been established so Contractor can move the crews and equipment required within four (4) hours distance from District. The District shall furnish all information and documents necessary for the commencement of work including valid written Notices to Proceed. The District will provide Inspectors or Monitors for the monitoring of debris operations. The District will assist Contractor in obtaining permits and licenses, to the extent reasonably possible, but such assistance will not reduce Contractor s obligation to obtain same. Identify and evaluate the scope of the postdisaster debris problem. Provide inspection for all contractor operations. Provide field inspectors in sufficient numbers to adequately monitor all field operations. Such work will not exceed limits defined by FEMA and FHWA eligibility criteria. The number of inspectors per crew shall vary based on need. Identify and prioritize removal from Federal Aid Highway segments, State, local and private roadways authorized by the District and FEMA and rights-of-way (primary and secondary roads) and multi-modal paths in the Districts. Prioritization of debris removal will be based on a "sector approach" (as opposed to site to site). Once priorities are established, crews are required to complete entire sectors or corridors prior to moving on to other areas. No streets or sectors should be bypassed based on quantity of debris alone, unless directed by the District or designee. Ensure no pickup of unauthorized debris by the contractor and his subcontractors unless directed by the District or designee. Page 50 of 61

51 Staging/Reduction: Identify or assist with identifying potential staging areas for debris stockpiling and reduction. There is no guarantee as to availability or suitability. If requested by District, provide one Quality Control Tower Monitor per tower to observe and record truck quantity estimates. Ensure that all field crews are outfitted with required safety gear. Administration and Paperwork: Seven (7) part debris tickets will be provided to properly document the contract work in accordance with FDOT, FHWA and FEMA requirements. Spreadsheet format for invoices will be provided to properly document the contract work in accordance with FDOT, FHWA and FEMA requirements. Terms and conditions of Contract: The Contractor will be required to enter into a non-exclusive contract with the District incorporating this Request for Proposal and the documents submitted by the entity requesting said proposals. The Contractor shall not assign, transfer, or subcontract this contract either in whole, or in part, without prior written approval of the District. Prices quoted on the proposal will be considered firm for each type work to be performed. Prices must be within acceptable FEMA guidelines. The successful Contractor shall be awarded a contract for an initial three (3) years with the option to renew the contract for two (2) additional one-year periods. Options for renewal will only be exercised upon mutual written agreement and approved by the District. Unit prices will remain firm for the duration of the contract. Default/Failure to Perform: The District shall be the sole judge of nonperformance, which shall include any failure on the part of the successful bidder to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful responder to meet any terms of this agreement, the District will notify the responder 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 District notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: Failure to perform the work 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. Failure to begin the work under this contract within time specified. Failure to perform the work with sufficient workers and equipment PERMITS AND LICENSES: Permits and licenses of a temporary nature necessary for the provision of the services shall be secured for and paid for by Contractor unless otherwise shared by the District. The Contractor shall not be held responsible to secure permits or licenses if such requirements for which have or will be waived due to slate or local declaration of an emergency or disaster. SUB-CONTRACTING The Contractor shall be fully responsible to District for acts and omission for its sub-contractors and of persons directly or indirectly employed by them, as the Contractor is for the acts and omission of persons employed by it. The Contractor shall cause appropriate provisions to be inserted in all subcontracts giving the Contractor the same powers regarding terminating any subcontract that the District may exercise over the contractor under provisions of this contract. Nothing contained in this contract shall create any contractual relationship between any subcontractor and the District. The Contractor shall supply the names and addresses of subcontractors and materials suppliers when requested to do so by the District upon issuance of a Notice to Proceed and shall update same on a bi-weekly basis after issuance of a Notice to Proceed. Page 51 of 61

52 The Contractor shall not use a subcontractor or material supplier to whom the District reasonably objects. All subcontractors will operate in strict accordance with local, state and federal laws governing the type of work to be performed. Contractor and any subcontractors are, and shall be, in the performance of all service under this contract, independent contractor and not employees agents or servants of the District. All persons engaged in any of the services performed hereunder shall, at all times and in all places be subject to Contractor s sole direction, supervision and control. Contractor shall exercise control over the means and manner in which its employees perform the services Page 52 of 61

53 PART 6 SAMPLES SAMPLE A: AGREEMENT (Sample agreement only. District reserves the right to alter this agreement based on final BID results and/or any negotiations with proposed Contractor) THIS AGREEMENT is made this day of 2017, and made effective on the day of October 2017, by and between VILLAGE CENTER COMMUNITY DEVELOPMENT DISTRICT (hereafter referred to as "DISTRICT"), whose address is 984 Old Mill Run, The Villages, Florida 32162, The Villages, Florida 32162, and XXXXXXXXXXX (hereafter referred to as "CONTRACTOR"), whose address is XXXXXXXXXXXX. RECITALS WHEREAS, the District owns or operates certain real property which may require emergency debris removal monitoring services, and wishes to enter into a contract with a party capable of providing suitable services; and WHEREAS, Contractor provides emergency debris removal monitoring services for properties such as those owned or operated by the District, and wishes to enter into a contract whereby the Contractor performs emergency debris removal monitoring services for the District in consideration of payments from the District to the Contractor; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, it is agreed as follows: 1. SERVICES BY CONTRACTOR 1.1 CONTRACTOR, for and in consideration of the payments hereinafter specified and agreed to be made by DISTRICT, hereby covenants and agrees to furnish and deliver all materials, to do and perform all the work and labor required to be furnished and delivered for -Emergency Debris Removal Monitoring Services, Invitation to Bid (BID) #17B-037, hereinafter referred to as BID. Specifications and other Agreement Documents, as defined in said BID, and all other related documents cited in the above stated BID are hereby made part of this Agreement as fully and with the same effect as if the same has been set forth at length in the body of this Agreement. 1.2 All maintenance and repair of equipment shall be the responsibility of the CONTRACTOR, and such maintenance and repairs shall not interfere with completion of required services to be provided pursuant to this Agreement. 1.3 The CONTRACTOR shall promptly notify the DISTRICT of any conditions beyond which negatively affect the nature or character of the Property, growth conditions, or that in any way prevent or hinder the maintenance obligations of the CONTRACTOR required by this Agreement. CONTRACTOR agrees to provide 24 hour a day emergency service, including contacts, phone numbers, address or other available contact information. 1.4 The CONTRACTOR shall collect and dispose of all trash, litter, debris, refuse and discarded materials resulting from CONTRACTOR's operations, including site clean-up and policing on a daily basis. The CONTRACTOR shall remove or contract for the removal of debris and refuse in such a manner that no unsightly, unsanitary, or hazardous accumulations occur. The CONTRACTOR shall ensure that all handling and disposal of refuse materials performed pursuant to this Agreement is performed in compliance with all local, state and federal regulations. The CONTRACTOR shall provide CONTRACTOR's own dumpster(s) for the storage of such material, which shall be located in approved areas designated by the DISTRICT. The use of DISTRICT's dumpster(s) for any refuse disposal by the CONTRACTOR is strictly prohibited. 1.5 All CONTRACTOR and Sub-Contractor personnel shall wear personal protective equipment in the performance of their duties to include safety vests, protective eye wear or face shields, respiratory protection as necessary, gloves and protective clothing. Page 53 of 61

54 1.6 CONTRACTOR shall be responsible for adhering to all local, state and federal safety guidelines and observe all safety precautions when performing services on DISTRICT property, roadways and right-ofways to include safe location of parked vehicles, signage, use of safety cones, flag personnel as necessary, use of safety vests on all personnel and vehicles which are clearly identifiable as belonging to the CONTRACTOR. When on District property a failure to fully comply with this section will result in penalties up to and including contract termination. 1.7 CONTRACTOR acknowledges that the public may associate the CONTRACTOR as an employee of the DISTRICT while the CONTRACTOR performs services on the DISTRICT's property. CONTRACTOR agrees to conduct its services and supervise its employees in a way not detrimental to the DISTRICT s business operation. DISTRICT reserves the right to approve dress codes for the CONTRACTOR's employees. 1.8 CONTRACTOR shall comply with all applicable governmental statutes, rules, regulations and orders and any amendments and modifications thereto. 1.9 As per State of Florida Executive Order Number , the CONTRACTOR identified in this Agreement shall utilize the U.S. Department of Homeland Security s E-Verify system to verify employment eligibility of: all persons employed during the Agreement term by the CONTRACTOR to perform employment duties pursuant to the Agreement, within Florida; and all persons, including subcontractors, assigned by the CONTRACTOR to perform work pursuant to the Agreement with the DISTRICT. ( Additionally, the CONTRACTOR shall include a provision in all subcontracts that requires all subcontractors to utilize the U.S. Department of Homeland Security s E- Verify system to verify employment eligibility of: all persons employed during the Agreement term by the CONTRACTOR to perform work or provide services pursuant to this Agreement with the DISTRICT. 2. PAYMENT 2.1 In consideration of the services provided by the Contractor pursuant to this Agreement, District agrees to pay to Contractor the hourly rates submitted by Contractor as a result of Contractor s response to BID #17B-037 as provided for in Exhibit A to this Agreement. All pricing submitted shall remain fixed and firm for the duration of the initial three (3) year agreement. 2.2 Invoices shall be submitted no later than the 15th of the month for services being performed that month. Per Chapter (1), an invoice from the Contractor shall be considered as received when it has been stamped as such at the offices of the Director of Executive Golf Course Maintenance, 1000 Main Street, Suite 248, The Villages, Florida Payment by the District will made no later than forty-five (45) days after the invoice has been received by the District per the Local Government Prompt Payment Act, Florida Statutes, Chapter 218, Part VII. 2.3 If payment is not made by the District to the Contractor within forty-five (45) days, Contractor may assess a late charge for the lesser of 1.5% per month, or the maximum rate permitted by law. 2.4 The District agrees to pay the Contractor for additional work performed by the Contractor pursuant to written orders placed by the District, at a rate equal to component unit costs of labor and equipment charged by the Contractor under the terms of this agreement. 3. AGREEMENT DOCUMENTS The Agreement Documents, which comprise the entire Agreement between DISTRICT and CONTRACTOR and which are made part hereof by this reference, consist of the following: 3.1 Invitation to Bid 3.2 Instructions, Terms, and Conditions 3.3 Bid Forms 3.4 Bidder's Certification 3.5 Statement of Terms and Conditions 3.6 Drug Free Workplace Certificate 3.7 Statement of Contractor s Experience, Equipment & Personnel 3.8 E-Verify Contractor/Subcontractor Affidavit Page 54 of 61

55 3.9 Scope of Work / Specifications 3.10 Plans / Drawings 3.11 Agreement 3.12 Permits / Licenses 3.13 All Addenda Issued Prior to Bid Opening 3.14 All Modifications and Change Orders Issued 3.15 Notice of Award / Notice to Proceed 4. TERM 4.1. The term of this Agreement shall be October 2017 through September 30, 2020, with the option to renew for two (2) additional three (3) year periods. The prices proposed by the Contractor shall remain fixed and firm for the initial three (3) years of the contract. After initial three (3) year period, the contractor will meet with Purchasing and District Property Management 60 days prior to the end of the initial three (3) year term to consider a possible renewal and increase or decrease to the current awarded pricing. Subsequent annual increases shall be based on CPI or 3%, whichever is lower, in any year that an increase is requested. A CPI increase shall be based on the percentage change of the CPI for All Urban Consumers, Not Seasonally Adjusted, U.S. District Average, All Items (Series ID CUUROOOOSAO) from April of the previous year to the April immediately prior to the beginning of the period for which the increase is being requested. No increase will exceed 3%. 5. INSURANCE 5.1 General Liability. Contractor shall obtain, and maintain throughout the life of the Agreement, General Liability Insurance in an amount no less than $1,000,000 per occurrence and $2,000,000 general aggregate for Bodily Injury and Property Damage. Insurance shall protect the Contractor, subconsultants and subcontractors from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under the Agreement. District(s) shall be named as Additional Insured. 5.2 Automobile Liability Insurance covering all automobiles and trucks the Contractor may use in connection with this BID. The limit of liability for this coverage shall be a minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. This is to include owned, hired, and nonowned vehicles. District(s) shall be named as Additional Insured. 5.3 Excess Liability Insurance (Umbrella Policy) may compensate for a deficiency in general liability or automobile insurance coverage limits. 5.4 Waiver of Subrogation: By entering into any contract as a result of this BID, Contractor agrees to a Waiver of Subrogation for each policy required above. 5.5 Workers Compensation Insurance, as required by the State of Florida. CONTRACTOR must provide certificate of insurance showing Worker s Compensation coverage. Contractor and any subconsultants or subcontractors shall comply fully with the Florida Worker s Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected under the Worker s Compensation statute, the Contractor shall provide, and cause each subconsultant or subcontractor to provide adequate insurance for the protection of its employees not otherwise protected. Contractor must provide certificate of insurance showing Worker s Compensation coverage or must provide an exemption certificate issued by the State of Florida showing that Contractor is exempt from Worker s Compensation insurance requirements. 5.6 Certificate(s) shall be dated and show: The name of the insured Contractor, the specified job by name and/or BID number, the name of the insurer, the number of the policy, its effective date and its termination date Statement that the insurer will mail notice to the District at least thirty (30) days prior to any material changes in provisions or cancellation of the policy Subrogation of Waiver clause. Page 55 of 61

56 5.6.4 The Village Center Community Development District and any other governmental agencies using this agreement in cooperation with the District shall be a named additional insured on Public Liability Insurance and Automobile Liability Insurance The Contractor shall require of each its subconsultants and/or subcontractors to procure and maintain during the life of its subcontract, insurance of the type specified above or insure the activities of its subconsultants and/or subcontractors in its policy as described above All insurance policies shall be written on companies authorized to do business in the State of Florida. 6. SELF HELP BY DISTRICT 6.1 Within three (3) calendar days (72 hours) after being notified by District in writing or verbally of defective or unacceptable work, if the Contractor fails to correct such work, District may cause the unacceptable or defective work to be corrected. If the District corrects the work, the District shall be entitled to deduct from any monies due, or which may become due to Contractor, the reasonable cost of remedying the defective or unacceptable work. Provided, however, if the corrective work cannot reasonably be completed within such three (3) day period, and the Contractor immediately begins corrective work, and District reasonably determines that the Contractor is diligently pursuing the completion of such corrective work, District agrees to allow Contractor to complete correction of the defective or unacceptable work. In addition, if the Contractor, for any reason, fails to perform any portion of the services required by the Contractor pursuant to this Agreement, the District shall be entitled to deduct from any monies due or which may become due to Contractor the actual expenditures that are necessary to complete the services not performed. 6.2 All costs and expenses incurred by District pursuant to this section shall be deducted from monies due, or which may become due to Contractor for its obligations herein. 6.3 The provisions of this paragraph are cumulative to all other provisions of the Agreement and it is not intended that any deductions in payment taken pursuant to this paragraph shall diminish or waive District s right to declare the Contractor in default in accordance with applicable provisions of the Agreement. 7. TERMINATION BY THE DISTRICT 7.1 The performance of work under this Contract may be terminated by District in accordance with this clause in whole or from time to time in part, whenever District determines that Contractor is in default of the terms of this Agreement. Any such termination shall be effected by delivery to Contractor a Notice of Termination specifying the extent to which performance or work under the contract is terminated, and the date the termination becomes effective. 7.2 After receipt of a Notice of Termination, and except as otherwise directed, Contractor shall: Stop work under this Agreement on the date and to the extent specified in the Notice of Termination Place no further orders or subcontract for materials, services, or facilities except as may be necessary for completion of such portions of work under this Agreement Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination Settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts, and request the approval or ratification by the District to the extent Contractor may require, which approval or ratification shall be final for all purposes of this clause Continue to perform under the terms of the Agreement as to that portion of the work not terminated by the Notice of Termination. 7.3 After receipt of a Notice of Termination, Contractor shall submit to District Contractor s termination claim in satisfactory form. Such claim shall be submitted promptly, but in no event later than one month from the effective date of termination unless one or more extensions in writing are granted by District. No claim will be allowed for any expense incurred by Contractor to after the receipt of the Notice of Termination and Contractor shall be deemed to waive any right to any further compensation. Page 56 of 61

57 7.4 Contractor and District may agree upon the whole or any part of the amount or amounts to be paid to Contractor by reason of the total or partial termination of work pursuant to this clause, provided that such agreed amount or amounts, exclusive of settlement costs shall not exceed the total Contract price as reduced by the expenditures necessary to complete the job covered by this Agreement. 7.5 District may, for any reason, terminate performance under this Agreement by the Contractor for convenience upon thirty (30) days written notice. District will not be held responsible for any loss incurred by Contractor as a result of District s election to terminate this Agreement pursuant to this paragraph. 8. OTHER MATTERS 8.1 Contractor shall not utilize, nor store, any drums of material exceeding 5-gallon containers on any of the District s property. 8.2 Contractor shall maintain complete and current Material Safety Data Sheets on premises for inspection and/or use at all times, and furnish updated documentation to the District's Human Resources Department; however, the Contractor acknowledges that the District shall have no responsibility for making any disclosures to Contractor's employees or agents. 8.3 The obligations of the Contractors under this agreement may not be delegated without the prior written consent of the District. The District may freely assign this Agreement to any entity acquiring the real estate which is subject to this Agreement. 8.4 In the event of default by any party to this Agreement, the prevailing party shall be entitled to recover from the defaulting party, all costs and expenses, including a reasonable attorney's fee, whether suit be instituted or not, and at the trial court and appellate court level incurred by the prevailing party enforcing its right hereunder. 8.5 The venue for the enforcement, construction or interpretation of this agreement, shall be the County or Circuit Court for Sumter County, Florida, and Contractor does hereby specifically waive any "venue privilege" and/or "diversity of citizenship privilege" which it has now, or may have in the future, in connection with the agreement, or its duties, obligations, or responsibilities or rights hereunder. 8.6 Contractor does hereby specifically promise and agree to "hold harmless", defend and indemnify the District and the agents, servants, employees, officers, and officials thereof from and against any and all liability or responsibility for damage to property or person that may arise in connection with the services to be provided hereunder, including reasonable attorney fees and expenses. 8.7 Contractor shall not be construed to be the agent, servant or employee of the District or of any elected or appointed official thereof, for any purpose whatsoever, and further Contractor shall have no express or implied authority of any kind or nature whatsoever, to incur any liability, either in contract or on a tort, as the agent, servant or employee of the District. 8.8 These Agreement Documents constitute the entire understanding and Contract between the Parties and supersedes any and all written and oral representations, statements, negotiations, or contracts previously existing between the Parties with respect to the subject matters of this Contract. The Contractor recognizes that any representations, statements, or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Contract shall inure to the benefit of and be binding upon the Parties, their respective assigns, and successors in interest. 8.9 It may become necessary that additional areas are to be routinely maintained under the same specifications, or as amended by the management or its representative. It is the intent to be able to add or delete areas as necessary with the related cost increases or decreases to be handled through the execution of an amendment to this Agreement. Cost increases or decreases will be based on the unit prices proposed by the CONTRACTOR as provide for in Exhibit A to this Agreement No amendment to this Agreement shall be effective except those agreed to in writing and signed by both of the parties to this Agreement. Page 57 of 61

58 8.11 Time is of the essence in the performance of this Contract. The Contractor specifically agrees that it will commence operations on the date specified in the Notice to Proceed and that all work to be performed under the provisions of this Contract shall be done according to specifications, subject only to delays caused through no fault of the Contractor In the event of a declared emergency or disaster, Contractor shall provide the District the following Time and Material services: Debris removal monitoring services shall be available on a timely basis and at a reasonable price. Prior to mobilization for debris removal activities, Contractor shall provide District, in writing, hourly rates for personnel and equipment. Unreasonable rates will be rejected. All overhead costs are inclusive in the hourly rates Hourly rates for monitoring equipment applies only when equipment is operating and includes all associated costs such as operator, fuel, maintenance and repair Personnel and equipment hourly rates include only those hours that Contractor s personnel are performing the debris removal monitoring activities. Stand-by time is not an eligible expense Disaster Recovery Assistance Services shall not exceed seventy (70) hours for each declared emergency/disaster Contractor shall maintain and supply District all the necessary and adequate documentation on all emergency/disaster-related monitoring services to support reimbursement by other local, state, or federal agencies District reserves the right to immediately terminate all Disaster Recovery Assistance activities under this Agreement for any reason. District will not be held responsible for any loss incurred by Contractor as a result of District s election to terminate these activities pursuant to this paragraph. 9. CONTRACTOR S REPRESENTATIONS 9.1 Contractor makes the following representations: 9.2 Contractor has familiarized himself with the nature and extent of the Contract documents, work, locality, and all local conditions, and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of work. 9.3 Contractor declares that he has visited and examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done, that he has examined the plans for the work and other Contract Documents relative thereto and has read all the addenda furnished prior to the bid, and that Contractor has satisfied itself relative to the work to be performed. 9.4 Contractor has investigated and is fully informed of the construction and labor conditions, of obstructions to be encountered, of the character, quality and quantities of work to be performed, materials to be furnished, and requirements of the plans and other Contract Documents. 9.5 Contractor has given the District written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents. 9.6 Contractor declares that submission of a proposal for the work constitutes an incontrovertible representation that the Contractor has complied with every requirement of this Section, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of work. 9.7 Equal Opportunity: Contractor assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age or sex, in any activity under this Contract. 9.8 Public Entity Crimes: In accordance with Section , Florida Statutes, 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 Page 58 of 61

59 bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section , Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 9.9 Public Records Act/Chapter 119 Requirements: The District is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida s Public Records law. Specifically, the Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform this service; 2. Provide the agency access to public records at a cost that does not exceed the cost provided in Chapter 119, Florida Statues or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfers to the District, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the District in a format that is compatible with the current information technology systems of the District. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: JENNIFER MCQUEARY, DISTRICT CLERK 984 OLD MILL RUN, THE VILLAGES FL PHONE: jennifer.mcqueary@districtgov.org IN WITNESS WHEREOF, said DISTRICT has caused this Agreement to be executed in its name by the Chairman / Vice Chairman of the VILLAGE CENTER COMMUNITY DEVELOPMENT DISTRICT, attested by the clerk of said DISTRICT, and XXXXXXXXXXXXXX has caused this Agreement to be executed in its name by its authorized representative, attested to and has caused the seal of said corporation to be hereto attached (if applicable), all on the day and year written above. VILLAGE CENTER COMMUNITY XXXXXXXXXXXXXXXXXX DEVELOPMENT DISTRICT By: Print Name Print Title Date Attest By: Print Name Print Title Date Attest Page 59 of 61

60 SAMPLE B: E-VERIFIES E-VERIFY CONTRACTOR AFFIDAVIT Solicitation No. CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with State of Florida Executive Order No , stating affirmatively that the individual, firm, or corporation which is contracting with the Village Community Development Districts Board of Supervisors has registered with and is participating in a federal work authorization program * (any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security) to verify information of all persons assigned by the Contractor to perform work pursuant to the Contract with the District. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the Village Community Development Districts Board of Supervisors, contractor will secure from such subcontractor(s) similar verification of compliance with State of Florida Executive Order No on the Subcontractor Affidavit provided or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Village Community Development District Board of Supervisors, Purchasing Department at the time the subcontractor (s) is retained to perform such service. E-Verify * User Identification Number Company Name By: Authorized Officer or Agent of Contractor Date Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent Subscribed and Sworn before me on this the day of 2017 Notary Public My Commission Expires: *The applicable federal work authorization program is E-Verify operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. department of Homeland Security, in conjunction with the Social Security Administration (SSA). Page 60 of 61

61 Continued SAMPLE B: E-VERIFIES SAMPLE E-VERIFY SUBCONTRACTOR AFFIDAVIT Solicitation No. SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with State of Florida Executive Order No stating affirmatively that the individual, firm, or corporation which is engaged in the performance of services under a contract between (name of contractor) and the Village Community Development Districts Board of Supervisors has registered with and is participating in a federal work authorization program * (any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security) to verify information of all persons assigned by the subcontractor to perform work pursuant to the Contract with the District. E-Verify * User Identification Number Company Name By: Authorized Officer or Agent of Subcontractor Date Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent Subscribed and Sworn before me on this the day of 2017 Notary Public My Commission Expires: *The applicable federal work authorization program is E-Verify operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. department of Homeland Security, in conjunction with the Social Security Administration (SSA). Page 61 of 61

62 SAMPLE C THE VILLAGES COMMUNITY DEVELOPMENT DISTRICT DEBRIS LOAD TICKET CONTRACTOR NAME: Ticket No Load Site Location: (NE, NW, SE, SW) Date: Truck No: Zone: Capacity (CY) Total Debris Volume: (CY, TON) Dump Site: DEBRIS CLASSIFICATION (Check Only One Box) Vegetation C&D (Construction and Demolition) Mixed (Veg. and C&D) Other Comments: Monitor Name: (Print Name Verify Load Ticket) Load Site: Dump Site: Contractor: NOTE: THIS FORM IS AN EXAMPLE ONLY. FORM (S) CURRENT FEMA REQUIREMENTS IN EFFECT FOR THE EVENT

63 SAMPLE D EMERGENCY DEBRIS CLEARANCE DAILY TIME VERIFICATION REPORT CONTRACTOR: DATE: Equip / Crew Type Equip / Crew Number Total Shift Hours Total Hours Idle Total Hours Location TOTAL HOURS: Monitor s Name: (Please Print Name) Contractor Agent s Name: (Please Print Name) NOTE: THIS FORM IS AN EXAMPLE ONLY. FORM (S) CURRENT FEMA REQUIREMENTS IN EFFECT FOR THE EVENT

64 SAMPLE E DEBRIS REMOVAL DAILY LOAD VERIFICATION REPORT CONTRACTOR: TDSR LOCATION: DATE: DEBRIS TYPE: 1 Truck No. Capacity C.Y. Total COMMENTS Monitor s Name: (Please Print Name) TOTAL CUBIC YARDS: Contractor Agent s Name: (Please Print Name) NOTE: THIS FORM IS AN EXAMPLE ONLY. FORM (S) CURRENT FEMA REQUIREMENTS IN EFFECT FOR THE EVENT

65 SAMPLE F DEBRIS REMOVAL DAILY LOAD VERIFICATION REPORT CONTRACTOR: TDSR LOCATION: DATE: DEBRIS TYPE: STUMPS Truck No. Stump No. Stump Size 24 to to and < Monitor s Name: (Please Print Name) Contractor Agent s Name: (Please Print Name) DAILY STUMP TOTALS: NOTE: THIS FORM IS AN EXAMPLE ONLY. FORM (S) CURRENT FEMA REQUIREMENTS IN EFFECT FOR THE EVENT

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