SECOND AND FINAL ADDENDUM RFP FOR DEBRIS CLEANUP SERVICES FOR DISASTER RECOVERY ASSISTANCE

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THE SCHOOL DISTRICT SHARON SWAN JOSEPH C. MOORE

OF PALM BEACH COUNTY, FLORIDA DIRECTOR CHIEF OPERATING OFFICER CONSTRUCTION PURCHASING DEPARTMENT

3661 INTERSTATE PARK ROAD NORTH, SUITE 200 RIVIERA BEACH, FL 33404

(561) 882-1949 FAX: (561) 882-1975

SECOND AND FINAL ADDENDUM RFP FOR DEBRIS CLEANUP SERVICES FOR DISASTER RECOVERY ASSISTANCE

PLEASE NOTE:

PROPOSALS DUE ON OR BEFORE APRIL 4, 2011 NOT LATER THAN 2:00 P.M., at: The School District of Palm Beach County, Florida

Construction Purchasing Department 3661 Interstate Park Road North, Suite 209

Riviera Beach, FL 33404 March 30, 2011

TO ALL PROPOSERS:

The following are answers to the questions received to date.

1. Q. If the vehicle/auto liability insurance is currently at $500,000 are we still able to submit the bid and if we are awarded increase the liability to $1,000,000?

A. It is necessary to submit evidence of insurability of $1,000,000 for automobile liability. If awarded, firms will be required to submit a contract specific Acord Certificate of Liability Insurance Form with the required coverages.

2. Q. What is the proposed budget?

A. As this contract will only be utilized in the event of a disaster we are unable to anticipate budget requirements at this time. As stated in Section 00040, Instructions to Proposers, Article 2, Paragraph 2.2 - No guarantee of the dollar amount of this RFP is implied or given, nor is there any guarantee of work.

A. Q. Is there tabulation that can be viewed?

A. The tabulation for the expiring RFP (which included both Debris Cleanup and Removal services and was an award to all) was included as an attachment in the First Addendum, issued March 25, 2011. It is also included here along with the corresponding Bid Summary Sheet which details the line items on the tabulation form.

Proposers please note:

Please acknowledge Two (2) Addenda in your Section 1 submittal: The First Addendum dated March 25, 2011

This Second/Final Addendum dated March 30, 2011. Helen Stokes, Selection Committee Administrator E-mail: stokesh@palmbeach.k12.fl.us

Ph: (561) 882-1954 Attachments:

Prior Contract Tabulation

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THE SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA CONSTRUCTION PURCHASING DEPARTMENT

DEBRIS CLEANUP SERVICES FOR DISASTER RECOVERY ASSISTANCE

FIRST ADDENDUM

PRE-PROPOSAL MEETING MINUTES March 25, 2011

Introduction:

Helen Stokes opened the meeting with introductions of District staff and asked firms in attendance to introduce themselves. Helen then discussed the following items:

RFP Overview:

This RFP is to select a pool of 8 firms to cleanup and stage debris on a district selected area of each site.

RFP Response Submittal Requirements:

Per the RFP, Section 00040, Instructions to Proposer, Article 5:

5.1 The Proposal shall be divided into three (3) Sections - 1, 2 and 3. A Proposal shall include all items listed for Section 1, otherwise the Proposal shall be declared non-responsive. A Proposal should include all items specified for Sections 2 and 3; however, exclusion of any of the items specified in these Sections shall not be cause to declare the Proposal non-responsive.

The following items are required response forms. Failure to submit these required response forms with your Proposal shall result in your Proposal being declared nonresponsive.

SECTION 1 shall contain the following items:

-Proposal Response Form (Required Response Form A) -Disclosure Statements (Required Response Form B)

-Drug Free Workplace Certification (Required Response Form C) -Public Entity Crime Statement (Required Response Form D)

-Beneficial Interest and Disclosure of Ownership Affidavit, PBSD 1997 (Required Response Form E) -Acknowledgement of all Addenda received

5.2 SECTION 2:

-Letter of interest addressed to the School District of Palm Beach County, referencing the project name and number and detailing the Proposer’s interest and general qualifications to complete the project. -A copy of the Proposer’s current State of Florida License.

-Proof of an active Certificate of Authority issued by the Florida Department of State which authorizes the Proposer to transact business in the State of Florida. This proof may be provided by either submitting a copy of the Letter of Authority issued by the Office of the Secretary of State or by submitting a copy of the Certificate of Status Verification which may be obtained via

Sunbiz.org-Department of State. Make sure it is a currently dated certificate. -A Certificate of Insurance evidencing coverage as specified in Section 00200.

Schedule: Cut-off for Request For Proposal questions March 28, 2011, no later than 2:00 p.m. Final Addendum will be issued March 30, 2011

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-Responses to the Scoring Criteria outlined by Categories 1-4 specified in Section 00300, Evaluation Process.

5.4 A Proposal shall not exceed a total of 40 pages, exclusive of all submittal requirements specified in Sections 1 and 2, Par. 5.1 and 5.2. Proposals exceeding this 40 page limit shall be declared non responsive by the Owner. Each page shall be numbered consecutively, and shall not exceed 8-1/2” x 11” in size. Each page shall be printed in a minimum size 11 font and have a minimum 1” margin on all sides. CD’s will be submitted in PDF format, (one PDF file) bookmarked per the selection criteria, and fully functioning.

5.5 One (1) original printed hard copy plus one (1) CD containing Sections 1, 2 and 3: plus an additional TEN (10) CD copies of Section 3 only of the Proposal are to be sealed in one package and clearly labeled "Proposal for Debris Cleanup Services". The Proposer’s Name and Project Name must be clearly stated on each CD and on the outside of the package.

Evaluation Criteria:

Please refer to Section 00030, Evaluation for details of the scoring criteria.

Steve Backhus, General Manager, Facilities Services discussed the following: Administration of Contract/Fema Requirements:

Response time shall be within (12) twelve hours after the all clear has been given. Awarded contractors will be expected to report in person or send a responsible representative to the Fulton Holland Educational Services Center at 3300 Forest Hill Blvd., Emergency Operations Center, Cafeteria rear of the building, West Palm Beach where assignment of zones and or sites will be allocated on a first come first serve basis.

The selected Proposer(s) shall work in harmony with each other, District staff, Debris Hauling and Debris Monitoring Services Firms on contract with the District.

The Scope includes only cleaning up and stacking the debris in a District designated place on the district site. The goal is to complete as much cleanup as possible during the first 70 hours on a time and materials basis. After the 70 hour window a cost proposal will be required for remaining work. The firm will utilize their Cost Proposal Form and the current FEMA Schedule of equipment rates in effect at the time the work is completed. A Scope of Work will be issued and the cost proposal will be provided to the district with a Not to Exceed price.

The Primary Debris Monitoring Firm is Post Buckley Schuh & Jernigan and the Secondary is Beck Disaster Recovery.

Storm strength will determine how we respond.

If awarded contractors bring in outside subcontractors with campers, travel trailers, etc. be advised that camping or overnighting is not allowed on School sites.

Food, lodging and gasoline for the contractor and its employees is the responsibility of the contractor. While the District will make available a list of gas stations that will accommodate our contractors (likely during specific hours) it is the responsibility of the contractor to ensure their own supply and payment for gas for their vehicles/equipment.

Please refer to Section 00060, Special Conditions, Paragraph 11, Background Check and Fingerprinting: Background checks and badge requirements have been waived in the past only while students are not on site. There is no guarantee these requirements will be waived in future events.

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Invoicing:

Daily report forms will be provided for Time and Materials prtions of the work.

Correct and fully complete invoices will be submitted to the Debris Monotoring firm for verification then will go through the Districts payment process. It is typically a 30-45 day turnaround time for payment. Your payments will not be tied up by the District waiting for FEMA reimbursement. If FEMA doesn’t reimburse fully, we will not later return to the contractor for a credit. The exception to this would be a duplicate invoice.

There will be a mandatory vendor training for awarded firms. The training will cover all aspects of the work as well as invoicing requirements and procedures. The 2011 training is currently scheduled for 9:00 am on May 24, 2011. Awarded firms will receive an email invitation confirming the date, time and location.

Q & A:

Q. Is SBE certification from the state acceptable?

A. No. In order to receive evaluation preference points the SBE must be certified by the District’s Office of Diversity in Business Practices (ODBP) as a SBE and as having average annual gross sales and an average number of full-time employees over the last three years that are less than fifty percent (50%) of the small business size standards as most recently defined by the U.S. Small Business Administration for the business firm’s relevant industry.

Q. Does the District have an existing contract for Debris Cleanup Services & Debris Removal for Disaster Recovery Assistance? If yes, can the current contract pricing or a bid tabulations be provided?

A. The current awarded contract is Debris Cleanup & Removal Services. This new RFP splits the work into two contracts, one for Cleanup and one for Removal and Hauling. The tabulation form for the RFP awarded in 2006 is attached.

Q. Regarding background checks, is “E Verify” (State of Florida background check database) adequate?

A. No, it is not the same. Our background check includes criminal history. E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States.

Q. The RFP indicates no overtime will be paid but the Cost Proposal asks overtime rates?

A. No overtime is anticipated however we are asking the rates in the event circumstances require it. At no time shall overtime rates be paid without prior authorization.

Attachments: Meeting Agenda Attendance Sheets

Current Debris Cleanup and Removal Services Bid Tabulation

Helen Stokes, Construction Purchasing Agent, CPPB Email: stokesh@palmbeach.k12.fl.us

Phone: 561-882-1954

Debby Boutet, Sr. Construction Technician Email: boutetd@palmbeach.k12.fl.us Phone: 561-882-1953

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REQUEST FOR PROPOSALS (RFP)

FOR

DEBRIS CLEANUP SERVICES FOR DISASTER RECOVERY ASSISTANCE

Proposals to be submitted at:

School District of Palm Beach County Construction Purchasing Department 3661 Interstate Park Road North, #200

Riviera Beach, FL 33404-5906

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TABLE OF CONTENTS

DEBRIS CLEANUP SERVICES FOR DISASTER RECOVERY ASSISTANCE THE SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA

DIVISION AND SECTION TITLE TOTAL PAGES ____________________________________________________________________________________

SECTION 00001 TITLE PAGE……….. ... 1

SECTION 00002 TABLE OF CONTENTS……… 2

SECTION 00030 ADVERTISEMENT FOR REQUEST FOR PROPOSALS………... 2

SECTION 00035 SBE CERTIFICATION APPLICATION INSTRUCTIONS……… 1

SECTION 00040 INSTRUCTIONS TO PROPOSERS……… 4

SECTION 00050 GENERAL TERMS AND CONDITIONS……… 5

SECTION 00060 SPECIAL CONDITIONS……… 4

SECTION 00090 SMALL BUSINESS ENTERPRISE………. 7

SECTION 00200 INSURANCE REQUIREMENTS……….. 2

SECTION 00300 EVALUATION PROCESS……….... 3

SECTION 00400 STANDARD FORM OF AGREEMENT……….. 4

REQUIRED RESPONSE FORMS: A PROPOSAL RESPONSE……… 1

B DISCLOSURE STATEMENTS……… 1

C PBSD 0580 DRUG FREE WORKPLACE CERTIFICATION……… 1

D PUBLIC ENTITY CRIME STATEMENT……… 2

E PBSD 1997 BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP……… 1

EXHIBITS A COST PROPOSAL FORM……….………… 1

B FEMA SCHEDULE OF EQUIPMENT RATES……… 6

C QUALIFICATIONS RESPONSE FORM……….………. 1

00002-1

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ATTACHMENTS: PBSD 1525 MWBE/SBE SUBCONTRACT PARTICIPATION LETTER OF INTENT……….. 1 PBSD 1528 PROFESSIONAL & CONSTRUCTION SERVICES

UTILIZATION REPORT…… ……….. 3 PBSD 1629 GOOD FAITH EFFORTS NONCOMPLIANCE

SUPPLEMENT………. 4 END OF SECTION 00002-2

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LEGAL ADVERTISEMENT FOR REQUEST FOR PROPOSAL

SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA

DEBRIS CLEANUP SERVICES FOR DISASTER RECOVERY ASSISTANCE SCOPE OF WORK:

The School Board of Palm Beach County, Florida invites qualified firms licensed in the State of Florida, to provide services to assist in debris cleanup and collection during disaster response. Awarded firm(s) will provide services for debris collection on an as-needed basis.

The District consists of 187 schools and various other locations throughout Palm Beach County. Palm Beach County ranges north to the Town of Tequesta, south to the City of Boca Raton and west to the City of Belle Glade covering a radius of 2,023 square miles.

The RFP document and all additional project information published as part of the RFP document may be obtained at: www.BidSync.com

For General Inquiries contact:

Helen Stokes by email at stokesh@palmbeach.k12.fl.us or phone 561-882-1954 Debby Boutet by email at boutetd@palmbeach.k12.fl.us or phone 561-882-1953 SCHEDULE FOR SELECTION

*OPEN TO PUBLIC ATTENDANCE* 3661 Interstate Park Road North, #200 Riviera Beach, FL 33404

All issues or questions regarding the project shall be addressed and resolved through the Construction Purchasing Department. There shall be no communication between selection committee members or their staff and the Proposers.

Small Business Enterprise (SBE) Participation: As specified by Board Policy 6.143, the School District of Palm Beach County may apply preferences for Small Business Enterprises in the District’s procurement process for the solicitation of all goods, services and construction contracts. In accordance with this policy, Evaluation Preference Points will be awarded to any business firm that is certified by the District’s Office of Diversity in Business Practices (ODBP) as a SBE and as having average annual gross sales and an average number of full-time employees over the last three years that are less than fifty percent (50%) of the small business size standards as most recently defined by the U.S. Small Business Administration for the business firm’s relevant industry. There is no certified SBE Sub-Contractor participation requirement established for this contract however it is strongly encouraged.

For more information on the District’s SBE program as well as a list of District certified vendors go to http://www.palmbeachschools.org/mwbe/

00030-1 Pre Proposal Conference March 25, 2011 @ 9:00 a.m.

Cut-off for Request For Proposal questions March 28, 2011, no later than 2:00 p.m. Final Addendum will be issued March 30, 2011

Proposals due April 4, 2011, no later than 2:00 p.m. Evaluation Committee Meeting April 13, 2011 @ 9:00 a.m.

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Lobbying: Proposers/Consultants are hereby advised that lobbying is not permitted with any District personnel or Board members related to or involved with this RFP until the administration’s recommendation for award has been posted in the Construction Purchasing Department. All oral or written inquiries must be directed through the Construction-Purchasing Department. Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the governmental decision of a Board member or District personnel on the award of this Contract. Any Proposer of any individuals that lobby on behalf of Proposer during the time specified by the schedule will result in rejection/disqualification of said Proposal.

Any Proposer who is adversely affected by the recommended award may address the School Board at a regularly scheduled Board meeting.

Protest Proceedings: If a proposer wishes to protest the Request for Proposal documents or the recommended award, they must do so in strict accordance with the procedures outlined in FS 120.57(3) and as outlined in the Request for Proposal documents. Failure to file a protest within the time prescribed in Section 120.57(3) Florida Statutes or failure to post a protest security at the time of filing the formal written protest will constitute a waiver of proceedings under Chapter 120, Florida Statutes.

By: Frank A. Barbieri, Jr., Esquire, Chairperson ATTEST: William F. Malone, Acting Superintendent PUBLISH DATES: March 7, 14 and 21, 2011

The School District of Palm Beach County is an Equal Education Opportunity Provider and Employer.

http://www.palmbeachschools.org/purchasing/documents/equity_coordinators.pdf

END OF SECTION

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NOTICE TO PROPOSERS SMALL BUSINESS ENTERPRISE

The Contract Goal for certified Small Business Enterprise (SBE) participation for this Project is stated in Section 00090, Par. 2.0 of this RFP. Only firms certified by the School District of Palm Beach County are eligible for participation to satisfy the established participation requirement.

Proposers and Sub-consultants seeking to qualify as a certified Small Business Enterprise for this Project shall be certified as a Small Business Enterprise by the School District of Palm Beach County Office of Diversity in Business Practices prior to the Proposal Due Date Specified in Section 00300 of this Request For Proposal.

CERTIFICATION APPLICATION INSTRUCTIONS

Firms seeking to apply for certification with the School District of Palm Beach County shall submit either a School District of Palm Beach County application or an application pursuant to requirements of the Inter-local Agreement For Reciprocity between Palm Beach County, The City of West Palm Beach and The School Board of Palm Beach County. The application must be approved by the School District of Palm Beach County and a copy of the District certification included in the firm’s Proposal.

Important Points to Remember:

(a) The application must be submitted complete with all required supporting documentation and the firm must allow sufficient time for the application to be processed prior to the Proposal Due Date. The application may take up to sixty (60) days after receipt of the completed application for processing.

(b) Please contact the Office Diversity in Business Practices for the application or information on certification at

http://www.palmbeachschools.org/mwbe/

, by phone at (561) 434-8508 or write:

THE SCHOOL DISTRICT OF PALM BEACH COUNTY 3300 Forest Hill Boulevard

1st Floor, Wing A-106 West Palm Beach, Florida 33406

END OF SECTION

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SECTION 00040

INSTRUCTIONS TO PROPSERS

This proposal shall be submitted to Helen Stokes, Construction Purchasing, School District of Palm Beach County, North County Service Center, 3661 Interstate Park Road North, #200, Riviera Beach, FL 33404-5906, on or before 2:00 p.m., on April 4, 2011.

ARTICLE 1 SCOPE OF WORK

1.1 It is the intent of this RFP for the awardees (hereinafter referred to as contractors) to remove as quickly as possible all hazards to life and District property resulting from an emergency/ hurricane / tornado/ disaster directly affecting School District property.

1.2 Clean up will be limited to (1) that which is determined to eliminate immediate threats to life, public health, and safety; (2) that which has been determined to eliminate immediate threats of significant damage to School District property, and; (3) that which is considered essential to ensure economic recovery of affected School District areas.

1.3 The services shall consist of but not be limited to clean up of debris and/or labor and equipment as directed by the designated representative of the District. In addition, the awardee(s) shall develop an operational plan and procedure for accurate tracking of debris, work, and submittal of audit documents acceptable for audit and federal reimbursement, including clear pictures of all damages before clean-up work is started.

1.4 All vegetation will be gathered and placed in an area within the school or facility site. The area will be determined by a district designee.

1.5 Contractors will complete an accountability form for each job as provided by the District.

1.6 Response time shall be within (12) twelve hours after the all clear has been given. Awarded contractors will be expected to report in person or send a responsible representative to the Fulton Holland Educational Services Center at 3300 Forest Hill Blvd., Emergency Operations Center, Cafeteria rear of the building, West Palm Beach where assignment of zones and or sites will be allocated on a first come first serve basis.

1.7 The selected Proposer(s) shall work in harmony with each other, District staff and the Debris Hauling and Debris Monitoring Services Firms on contract with the District.

1.8 Written proposal must be approved by District personnel prior to proceeding. The District reserves the right to negotiate individual line item prices submitted on the Proposer(s) Cost Proposal Form. (Exhibit A) Fees for equipment are not to exceed FEMA’s Schedule of Rates (Exhibit B) in effect at the time services are rendered.

ARTICLE 2

AWARD OF CONTRACTS

2.1 It is the intent of the School District to award this contract to eight (8) qualified firms, hereinafter referred to as Contractors to provide debris cleanup services on an as-needed basis. The contract period shall be for three (3) years, with an option for two (2) additional 1-year renewals.

2.2 No guarantee of the dollar amount of this RFP is implied or given, nor is there any guarantee of work.

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any offers which is in its best interest. The School District also reserves the right to waive any informalities, irregularities and technicalities in procedure.

2.4 The Contract, if awarded by the Owner, will be awarded based on the procedures in Section 00300 – “EVALUATION”; provided the Proposal is reasonable, meets the criterion specified herein and it is in the best interest of the Owner to accept the Proposal. 2.5 The School District of Palm Beach County reserves the right, before awarding any contract, to

require a firm to submit such evidence of qualifications and any current or updated information that was requested in the RFP as it may deem necessary, and may consider any information available to it of the financial, technical, and other qualifications and abilities of a proposer, including past performance with other governmental/educational agencies. Proposers are advised that requests for additional information or site visitations are not to be construed as an indication that a proposer will receive or is in the best position to receive a contract award.

2.6 The School District reserves the right to cancel the contract, or portions thereof, without penalty at any time.

2.7 The proposer meeting specifications, terms, and conditions and being designated as having submitted an Approved Proposal shall be a Florida licensed Contractor and be authorized to perform services in the city of their domicile and in Palm Beach County. The proposer shall provide proof, in the form of licenses and certificates in their proposal.

2.7 It is necessary for the proposer to carefully consider each item, and make sure that each item meets the requirements and specifications as indicated.

2.8 Any questions concerning the Request For Proposal shall be submitted through BidSync @

www.bidsync.com. The cut-off for questions is March 28, 2011, @ 2:00 PM. All questions

submitted shall be held until such time as they are compiled and answered in the form of Written Addendum, which will be released via BidSync, on or before March 30, 2011.

ARTICLE 3 TIME SCHEDULE

3.1 The School District will use the following time lines which will result in selection of qualified firms. Dates are subject to change if necessary.

A representative from each Proposer’s firm is encouraged to attend the Evaluation Meeting to respond to questions from the selection committee or clarify information contained in your proposal.

3.2 Pre Proposal Conference: A non-mandatory pre-proposal conference will be held at the office of Construction Purchasing, 3661 Interstate Park Road North, Building #200, Riviera Beach, FL

33404, on March 25, 2011 at 9:00 am. All prospective Proposers should attend said pre-proposal conference.

00040-2 Pre Proposal Conference March 25, 2011 @ 9:00 a.m.

Cut-off for Request For Proposal questions March 28, 2011, no later than 2:00 p.m. Final Addendum will be issued March 30, 2011

Proposals due April 4, 2011, no later than 2:00 p.m. Evaluation Committee Meeting April 13, 2011 @ 9:00 a.m.

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3.3 Bring all questions in writing. Compose your questions on paper, ask your questions at the pre-proposal conference and give the facilitator the written copy of your questions. Please write each question that you will ask on a separate piece of paper showing the RFP page number to which the question refers. After you ask your questions, the District facilitator will collect your written copy of the questions asked. Submitting your questions in writing will assist in the preparation of an addendum and will eliminate any confusion in understanding your questions.

ARTICLE 4 DELIVERY

4.1 This project shall be completed and delivered to the Owner under the time constraints stated in the RFP and/or contract Documents.

ARTICLE 5

INSTRUCTIONS FOR SUBMITTAL

One (1) Response to RFP submission shall be accepted from each Proposer.

5.1 The Proposal shall be divided into three (3) Sections - 1, 2 and 3. A Proposal shall include all items listed for Section 1, otherwise the Proposal shall be declared non-responsive. A Proposal should include all items specified for Sections 2 and 3; however, exclusion of any of the items specified in these Sections shall not be cause to declare the Proposal non-responsive.

The following items are required response forms. Failure to submit these required response forms with your Proposal shall result in your Proposal being declared nonresponsive. SECTION 1 shall contain the following items:

-Proposal Response Form (Required Response Form A) -Disclosure Statements (Required Response Form B)

-Drug Free Workplace Certification (Required Response Form C) -Public Entity Crime Statement (Required Response Form D)

-Beneficial Interest and Disclosure of Ownership Affidavit, PBSD 1997 (Required Response Form E)

-Acknowledgement of all Addenda received 5.2 SECTION 2:

-Letter of interest addressed to the School District of Palm Beach County, referencing the project name and number and detailing the Proposer’s interest and general qualifications to complete the project.

-A copy of the Proposer’s current State of Florida License.

-Proof of an active Certificate of Authority issued by the Florida Department of State which authorizes the Proposer to transact business in the State of Florida. This proof may be provided by either submitting a copy of the Letter of Authority issued by the Office of the Secretary of State or by submitting a copy of the Certificate of Status Verification which may be obtained via Sunbiz.org-Department of State.

-A Certificate of Insurance evidencing coverage as specified in Section 00200. 5.3 SECTION 3:

-Responses to the Scoring Criteria outlined by Categories 1-4 specified in Section 00300, Evaluation Process.

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Sections 1 and 2, Par. 5.1 and 5.2. Proposals exceeding this 40 page limit shall be declared non responsive by the Owner. Each page shall be numbered consecutively, and shall not exceed 8-1/2” x 11” in size. Each page shall be printed in a minimum size 11 font and have a minimum 1” margin on all sides. CD’s will be submitted in PDF format, (one PDF file) bookmarked per the selection criteria, and fully functioning.

5.5 One (1) original printed hard copy plus one (1) CD containing Sections 1, 2 and 3: plus an additional TEN (10) CD copies of Section 3 only of the Proposal are to be sealed in one package and clearly labeled "Proposal for Debris Cleanup Services". The Proposer’s Name and Project Name must be clearly stated on each CD and on the outside of the package.

5.6 The proposer shall have a place of business for contact by the School District during normal hours on normal working days. An emergency phone number, including office and cell phone numbers, and the name of a responsible managing employee of the successful proposer shall be provided to the School District.

5.7 All costs incurred by Proposers, their employees and agents in preparing a response to this Request for Proposals, in clarifying such response to the satisfaction of the Owner, in attending any pre-proposal conference or interview, in ascertaining the conditions of the site, in entering into a contract with the Owner or for any other reason shall be the sole responsibility of the Proposers and will not be paid or reimbursed by the Owner.

END OF SECTION

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SECTION 00050

GENERAL TERMS AND CONDITIONS

1.0 DEFINITIONS

1.1 All definitions set forth in the General Conditions of the Agreement between Owner and Contractor(s) are applicable to these Instructions to Proposers.

1.2 Proposal Documents include the Advertisement for Request for Proposal, Notice to Prospective Proposers, Policies of the School Board, Instructions to Proposers, Agreement General Conditions, Supplementary General Conditions, Special Conditions, and the proposed Contract Documents including Educational Specification, all drawings, performance specifications and addenda issued prior to proposal opening (as applicable).

1.3 Addenda are written or graphic instruments issued prior to the execution of the Contract which modify or interpret the Proposal Documents, including Drawings and Specifications, by additions, deletions, clarifications or corrections. Addenda will become part of the Contract Documents when the Contract is executed.

2.0 PROPOSER'S REPRESENTATION

2.1 Each Proposer, by submitting a Proposal, represents that they have read and understand the Request for Proposal document.

2.2 Each Proposer, by submitting a Proposal, represents that they have familiarized themselves with the local conditions under which the Work is to be performed.

3.0 PROPOSAL PROCEDURES

3.1 Proposals shall be prepared using the forms contained in this RFP and submitted in accordance with Section 00040 Instructions to Proposers and Section 00050 General Conditions.

3.2 A Proposal is invalid if it has not been deposited at the designated location prior to the time and date for receipt of Proposals indicated in the Advertisement for Request for Proposal, or prior to any extension thereof issued to the Proposers.

3.3 Unless otherwise provided in any supplement to these Instructions to Proposers, no Proposer shall modify, withdraw or cancel his Proposal or any part thereof for sixty (60) days after the time designated for the receipt of Proposals in the "Advertisement for Request for Proposal."

3.4 Prior to the receipt of Proposals, Addenda will be mailed or delivered to each qualified Proposer recorded by the Owner as having received the Proposal Documents and will be available for inspection wherever the Proposal Documents are kept available for that purpose. Addenda issued after receipt of Proposals will be mailed or delivered only to the selected Proposer.

3.5 Preparation and Submission of Proposal Form:

(a) Each Proposer shall use Proposal forms contained in this RFP where indicated. Any erasures or other corrections in the proposal shall be explained or noted over the signature of the Proposer. Proposals containing any conditions, omissions, unexplained erasures, alternates, items not called for or irregularities of any kind may be rejected by the Owner.

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Proposer, and state whether he is an individual, corporation or partnership. Proposals by a corporation must be signed with the legal name of the corporation followed by the name of the state of its incorporation and by the manual signature and designation of an officer, owner, or other person, authorized to bind the corporation. Proposals by partnerships shall show the names of all partners and shall be signed in the partnership name by one of the partners or by an authorized representative. In either case, the partnership signature shall be followed by the manual signature and designation of the person signing. ANY POTENTIAL, PERCEIVED OR ACTUAL CONFLICT OF INTEREST SHALL BE GOVERNED BY FLORIDA LAW AND THE AIA STANDARDS OF CONDUCT, RULES AND REGULATIONS.

(c) In every case, the name of the person signing, and his designation, shall be typed or printed below his signature. A Proposal by a person who affixes to his signature the word "President", "Secretary", "Owner" or other designation without disclosing his principal may be held to be the Proposal of the individual so signing. Satisfactory evidence of the authority of an officer, owner, attorney, or other person signing for a corporation and for an owner, attorney, etc., signing for a partnership or an individual shall be furnished.

3.6 Proposal Modification: Proposal Modifications will be accepted from Proposers if addressed to the Owners, at the place where Proposals are to be received, and if received prior to the closing time for the receipt of Proposals. Modifications shall be in writing. The requirements set forth in paragraph 3.5(c) pertaining to a signature on Proposals shall be applicable to the signatures on Proposal modifications. Modifications will be read by the Owner prior to opening formal Proposals. 3.7 Withdrawal of Proposals: Proposals may be withdrawn on written request received from

Proposers prior to the time fixed for opening. Such request shall be properly signed in accordance with the requirements pertaining to signatures contained in paragraph 3.5(c). Negligence on the part of the Proposer in preparing the Proposal confers no right for withdrawal of the Proposal after it has been opened.

3.8 Receipt of Proposals: Proposals will be received at the location and until the time stated in the advertisement. The officer whose duty it is to receive them will decide when the specified time has arrived and no Proposals received thereafter will be considered. No responsibility will be attached to any officer for the premature opening of a Proposal not properly addressed and identified.

3.9 Familiarity with Laws: The Proposer is assumed to be familiar with all Federal, State and Local Laws, Ordinances, Rules and Regulations, that in any manner affect the Work. Public Contracting and Purchasing Process Florida Statute, Sections 235.01 et seq. 287.132-.133 (Public Entity Crimes) is applicable and Florida Department of Education, Office of Educational Facilities, Florida Building Code (FBC). Ignorance on the part of the Proposer will in no way relieve them from responsibility.

3.10 Employment Policy: The Contractor and all Subcontractors shall not discriminate against any employee or applicant for employment because of race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age, or disability The Contractor shall take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age, or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertisement; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the policies of non-discrimination.

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The Contractor and all Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age handicap or disability.

3.11 Mandatory Nondiscrimination Contract Clause: As specified in Board Policy 6.144, the Contractor shall not discriminate on the basis of race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors, suppliers, or commercial customers. Contractor shall provide equal opportunity for subcontractors to participate in all of its public sector and private sector subcontracting opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace, such as those specified in Palm Beach County School Board Policy 6.143. Contractor understands and agrees that violation of this clause is a material breach of the contract and may result in contract termination, debarment, or other sanctions.

3.12 Commercial Nondiscrimination:As specified in Board Policy 6.144, the School Board of Palm Beach County shall not accept proposals from, nor to engage in business with, any business firm that has discriminated on the basis of race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age, disability, or any other form of unlawful discrimination in its solicitation, selection, hiring, or treatment of another business.

3.13 Contractor Bid Requirements:If applicable, the Proposer will submit with their Proposal, a list of all instances within the past ten years where a complaint was filed or pending against Bidder or Proposer in a legal or administrative proceeding alleging that Proposer discriminated on the basis of race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age, or disability against its subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of each such complaint, including any remedial action taken .

3.14 Contract Disclosure Requirements: Upon the School District’s request, and upon the filing of a complaint against Contractor pursuant to Palm Beach County School Board Policy 6.144, Contractor agrees to provide the School District, within sixty calendar days, a truthful and complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past five years on any of its contracts that were undertaken within the Palm Beach County School Board relevant geographic market as defined Palm Beach County School Board Policy No. 6.143, including the total dollar amount paid by Contractor for each subcontract or supply contract. Contractor agrees to fully cooperate in any investigation conducted by the School Board pursuant to this Policy. Contractor understands and agrees that violation of this clause is a material breach of the contract and may result in contract termination, debarment, and other sanctions.

3.15 Disqualifying Crimes: The proposer certifies by submission of this RFP, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by the State of Florida or Federal Government. Further, proposer certifies that it has divulged, in its RFP response, information regarding any of these actions or proposed actions with other governmental agencies.

3.16 Public Entity Crime Information Statement: 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 to provide any goods or services to a public entity, may not submit a 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 of real property to a public entity, may not be awarded or perform work as a Contractor, Construction Manager, Contractor, supplier, Subcontractor, or Subconsultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

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4.1 The Proposer acknowledges the right of the Owner to reject any or all Proposals and to waive any informality or irregularity in any Proposal received. In addition, the Proposer recognizes the right of the Owner to reject a Proposal if the Proposer failed to furnish any required Proposal security, or to submit the data required by the Proposal Documents, or if the Proposal is in any way incomplete or irregular; to reject the Proposal of a Proposer who is not in a position to perform the Contract; and to re-advertise for other or further Proposals or to accept the next responsive Proposal.

5.0 SUBMISSION OF POST-PROPOSAL INFORMATION

5.1 The selected Proposer shall, at least five (5) Owner business days prior to Board Award, submit the following:

a) Two Executed original Agreements.

The selected Proposer shall, within ten (10) days after notification of Board Award, submit the following:

b) Proof of insurance, proof of professional responsibility insurance, copies of state licenses and local occupational licenses, and other documents as may be required.

6.0 PROTEST PROCEDURES

6.1 The Owner shall provide notice of its decision or intended decision concerning a Request For Proposal or an Award as follows:

Notice of a decision or intended decision shall be given either by posting the Tabulation at the Construction Purchasing Department, 3661 Interstate Park Road North, Suite 209, Riviera Beach, Florida, 33404, or on the website:

www:palmbeachschools.org/purchasing/bids/construction/ongoing.asp

The notice required by this paragraph shall contain the following statement: “Failure to file a protest within the time prescribed in 120.57(5)(b), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.”

6.2 The Advertisement for Request For Proposal” and the “Request for Proposal Documents” will be available for review in the office of Construction Purchasing at the time of the solicitation. Any person who is affected adversely with respect to the Request for Proposal Documents shall file a notice of protest in writing within seventy-two (72) hours after the receipt of the Request for Proposal Documents, and SHALL FILE A FORMAL WRITTEN PROTEST WITHIN TEN (10) DAYS AFTER THE DATE THEY FILED THE NOTICE OF PROTEST. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under Chapter 120 et seq Florida Statutes. All Notices of Protest and Formal Written Protests shall be submitted to:

Sharon Swan, Director of Purchasing 3300 Forest Hill Blvd., Suite A323

West Palm Beach, FL 33406.

6.3 Any person who is affected adversely by the Owner decision or intended decision shall file with the Owner a notice of protest in writing within seventy-two (72) hours after the posting of the Tabulation or after receipt of the notice of the Owner decision or intended decision, and SHALL FILE A FORMAL WRITTEN PROTEST WITHIN TEN (10) DAYS AFTER THE DATE THEY FILED THE NOTICE OF PROTEST. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under Chapter 120 Florida Statutes. The Tabulation with recommended award will be posted for review by interested parties in the Construction Purchasing Department and will remain posted for a period of 72 hours. 00050-4

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6.4 In accordance with F.S. 255.0516 “Bid Protests by Educational Boards”, with respect to state contracts and bids, pursuant to competitive bidding, whether under Chapter 235 Florida Statutes, relating to educational facilities, or under this chapter, relating to public buildings, if a school board, a community college board of trustees, or the Board of Regents uses procedures pursuant to Chapter 120 Florida Statutes for bid protests, the board will require the protestor to post a bond at the time of filing the written protest amounting to:

(1) Twenty-five thousand dollars or 2 percent of the advertised budget for construction, whichever is greater, for projects valued over $500,000; and

(2) Five percent of the lowest accepted bid for all other projects.

6.5 Upon receipt of a Notice of Protest which has been timely filed, the Owner shall stop the Solicitation process or the Award process until the subject of the protest is resolved by final Owner action, unless the Owner sets forth in writing particular facts and circumstances which require the continuance of the Solicitation process or the Contract Award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare.

6.6 The Owner, on its own initiative or upon the request of a protestor, shall provide an opportunity to resolve the protest by mutual agreement between the parties within seven (7) days of receipt of a formal written protest.

6.7 If the subject of a protest is not resolved by mutual agreement within seven (7) days of receipt of the formal written protest and if there is no disputed issue of material fact, an informal proceeding shall be conducted pursuant to Florida Statute 120.57(2). If the hearing is not requested in the Notice of Bid Protest, it shall be waived. The informal hearing shall be conducted in the presence of the Director of Purchasing, as the Superintendent’s designee, the legal staff, and any other witnesses deemed appropriate. The protesting party may be present with assistance of counsel and any witnesses they deem appropriate, however, failure to have counsel or witnesses present shall not invalidate the hearing.

7.0 LOBBYING

7.1 Proposers/Contractors are hereby advised that lobbying is not permitted with any District personnel or Board members related to or involved with this RFP until the administration’s recommendation for award has been posted in the Purchasing Department. All oral or written inquiries must be directed through the Construction – Purchasing Department.

7.2 Lobbying is defined as any action taken by an individual, firm, association, partnership, joint venture, syndicate, corporation, and all other groups who seek to influence the governmental

decision of a Board member or District personnel on the award of a contract.

7.3 All issues and or questions regarding a project need not to be addressed and resolved through the Construction–Purchasing Department. There shall be no communication between Committee Members, their staff and the prospective Proposers. Committee Members will not be allowed to meet separately and discuss the project.

7.4 Any proposer who is adversely affected by the recommended award may address the School Board at a regularly scheduled Board meeting.

7.5 Any proposer or any individuals that lobby on behalf of proposer during the time specified will result in rejection/disqualification of said proposal.

END OF SECTION

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SPECIAL CONDITIONS

The Proposer(s) shall provide all management, supervision, labor, logistical support, transportation, mobile communications equipment, computer equipment, safety equipment, digital cameras, video cameras, and other equipment necessary to initiate and to safely and accurately perform all of the District’s debris cleanup activities.

1.0 SAFETY AND HEALTH STANDARDS

1.1 Whenever on a loading site or a debris management site, all personnel of the Contractor must wear required safety equipment as necessary to comply with all OSHA, Federal, State and local requirements. The following are mandatory: hard hat, reflective vest, safety shoes, long pants, appropriate cold or rainy weather clothing, eye and hearing protection.

1.2 All alcoholic beverages, smoking and drugs shall be prohibited from the Project site.

1.3 The Proposer(s) shall ensure that personnel of the Proposer(s) adhere to all appropriate site safety requirements.

2.0 SCHOOL DISTRICT PROPERTY (RIGHTS-OF-WAY, PICK-UP AND HAUL)

2.1 As identified and directed by the District, the contractor shall accomplish the pick-up and staging of all eligible debris to the area within the school or facility site. All debris will be segregated between vegetative debris, construction debris, recyclable debris, white goods and hazardous wastes. 2.2 The contractor shall maintain debris work sites to appropriate use standards, safety standards, and

regulatory requirements.

3.0 HAZARDOUS STUMPS (REMOVAL, BACK-FILL, HAUL)

3.1 As identified and directed by the District, the contractor shall remove all hazardous stumps. Each stump shall be inspected by the District and Debris Monitor’s inspector and documented as to the appropriate category of size for invoicing. The contractor shall back-fill each stump hole with compatible material as determined by the District and contractor. The grinding of stumps will be negotiated on a stump by stump basis upon District approval. Leaners and hangers will be priced on a not to exceed price for each school site.

4.0 DOCUMENTATION AND INSPECTION

4.1 All debris shall be subject to inspection by the District or any Public Authority (i.e. Solid Waste Authority) in accordance with generally accepted standards to insure compliance with the contract and applicable Local, State and Federal laws. The contractor will, at all times, provide the District access to all work sites and staging areas. In addition, authorized representatives and agents of any participating Federal or state agency shall be permitted to inspect all work and materials.

5.0 PRIORITY OF WORK AREAS

5.1 The District will establish the priority of and shall approve the work area in advance, which the contractor will be allowed to work. Daily and/or weekly scheduled meetings will be held to determine approved work areas. The contractor shall remove all eligible debris and leave the site in a clean and neat condition with the understanding that there will be certain debris that is not picked up by equipment, machinery and general laborers used by the contractor. Determination of when a site is in a clean and neat condition will be at the reasonable judgment of the District.

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6.0 WORKING HOURS

6.1 All activity associated with gathering and staging of eligible debris shall be performed during visible daylight hours only. Regular work hours are from 7:30am to 4:30pm, Monday through Friday. Work performed after hours, weekends or on holidays will be considered premium time. The contractor may work during these hours seven (7) days per week, including holidays. It is understood between the parties that at the TDSRS, debris cleanup may take place twenty-four (24) hours, seven (7) days per week if the District deems it necessary and safe. Contractor shall be responsible for obtaining sites to stage equipment, such as trucks while not in use.

7.0 SEVENTY (70) HOUR RULE

7.1 After an event, The District and FEMA will agree on a period of time (historically-70 working hours) that time and material contracts may be utilized. Any schools/sites with remaining debris after that period of time, will be completed on a negotiated “not to exceed” price per site for the cleanup of debris.

8.0 WHITE GOODS

8.1 The contractor may expect to encounter white goods available for disposal. White goods will constitute household appliances as defined in the Florida Administrative Code. The contractor shall dispose of all white goods encountered in accordance with the applicable Federal, State and Local laws.

8.2 Any white goods that may contain Freon, such as refrigerators, freezers, or air conditioners, shall have the Freon removed by certified technicians provided by the contractor in accordance to applicable regulatory requirements.

9.0 LICENSING/PERMITS

9.1 Proposer(s) must possess an occupational license appropriate for the Work and will be responsible for obtaining any necessary permits and licenses and will comply with laws, rules, and regulations whether state or federal and with all local codes and ordinances without additional cost to the District. The Proposer(s) must be duly licensed in accordance with Federal and State statutory and regulatory requirements to perform the work being sought through this RFP.

9.2 The Proposer(s) shall be responsible for determining what permits shall be necessary to perform work under the proposed contract. Copies of all permits shall be submitted to the appropriate District Disaster Emergency Response Personnel before commencing work.

10.0 POSSESSION OF FIREARMS

10.1 Possession of firearms will not be tolerated on School District property. "Firearm" means any weapon (including a starter gun or antique firearm) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any destructive device; or any machine gun.

10.2 No person who has a firearm in their vehicle may park their vehicle on School District property. Furthermore, no person may possess or bring a firearm on School District property.

10.3 If any employee of an independent contractor or sub-contractor is found to have brought a firearm on School District property, said employee will be terminated from the School Board project by the independent contractor or sub-contractor. If the sub-contractor fails to terminate said employee, the sub-contractor's agreement with the independent contractor for the School Board project shall be terminated. If the independent contractor fails to terminate said employee or fails to terminate the agreement with the sub-contractor who fails to terminate said employee, the independent contractor's agreement with the School Board shall be terminated.

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11.1 All non-instructional contractors (which includes, but is not limited to all employees of the Contractor and all of its subcontractors, vendors, individuals, other entities, etc.) under contract with the School Board (or who receives remuneration for services performed for the School District or a school) who are permitted access on school grounds when students are present, who have direct contact with students or who have access to or control of school funds must undergo level 2 screening. Level 2 screening consists of fingerprinting and a background check, as set forth in Section 1012.32, Florida Statutes. All contractual personnel agree to undergo a background check and fingerprinting if he/she is an individual who meets any of the above conditions and to require that all employees and subcontractors of the organization who meet any of the above conditions submit to a background check, including fingerprinting by the School Board’s Police Department, at the sole cost of the Contractor. Contract personnel shall not begin providing services contemplated by the Contract until he or she receives notice of clearance by the School Board. Neither the School Board, nor its members, officers, employees, nor agents, shall be liable under any legal theory for any claim whatsoever for the rejection of the Contractor (or discontinuation of the Contractor’s services) on the basis of these compliance obligations. Contractor agrees that neither the Contractor, nor any employee, agent nor representative of the Contractor who has been convicted or who is currently under investigation for a crime delineated in Section 435.04, Florida Statutes, will be employed in the performance of this Contract. All exceptions to certain fingerprinting and criminal history checks pursuant to Section 1012.468, Florida Statutes (2007) shall apply.

12.0 OTHER CONSIDERATIONS

12.1 Leaners and hangers will be priced on a not to exceed price for each school site, and will only be processed if safety is an issue during the 70 hour rule time frame.

12.2 The grinding of materials is to be negotiated on a stump by stump basis.

12.3 The awarded contractor(s) and their employees shall be responsible for lodging, camping facilities, maps and fuel to the best of their ability. The District will attempt to identify and establish a communication with fuel supply vendors in order to direct awarded contractors to them, if necessary.

12.4 The Proposer(s) shall supervise and direct all work using qualified labor and proper equipment for all tasks. Safety of the Proposer(s)’ personnel and equipment is the responsibility of the Proposer(s). Additionally, the Proposer(s) shall pay for all materials, personnel, taxes, and fees necessary to perform work under the terms of the proposed contract.

12.5 During the performance of this contract, the Proposer(s) shall be responsible for correcting any notices of violations issued as a result of actions or operations of the Proposer(s) or its subcontractors. Corrections for any such violations shall be at no additional cost to the District. 12.6 The Proposer(s) shall be responsible for paying any and all costs associated with violations of law

or regulation relative to the activities of the Proposer(s). Such costs might include but are not limited to: site cleanup fines, administrative and civil penalties, and third party claims imposed on the District by any regulatory agency or by any third party as a result of noncompliance with Federal, State or local environmental laws and regulations or nuisance statutes by Proposer(s), its sub, or any other persons, corporations, or legal entities retained by the Proposer(s) under this contract.

12.7 The Contractor shall confine operations at the Site to areas permitted by law, ordinance, permits and the Contract Documents and shall not unreasonably encumber the Site with any materials or equipment.

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12.8 The Owner's facilities shall not be used by any personnel connected with the Project specified in t he Contract Documents.

12.9 The awarded contractor(s) and their employees shall be responsible for their own lodging, camping facilities, food, maps and fuel to the best of their ability. The District will attempt to identify and establish a communication with fuel supply vendors in order to direct awarded contractors to them, if necessary.

13.0 PAYMENT

13.1 All labor rates are to be fully burdened to include all taxes, benefits, handling charges, equipment, mileage, rentals, per diem, housing, reproduction, overhead, profits and any other expenses necessary to the execution of a contract to be developed as a result of this RFP.

13.2 Billable time shall be supported with daily timesheets or other documentation processes as approved, in writing, by the appropriate District Disaster Emergency Response Personnel and the debris monitoring firm .

13.3 No overtime rates will be paid.

13.4 Payment Schedule – Invoices will be processed for payment only after approval by the Appropriate District Disaster Emergency Response Personnel or designee. The awarded contractor(s) shall be responsible for reviewing their invoices and for resolving any discrepancies that may exist. Approval for payment shall not be granted until invoices are determined to be correct, accurate and consistent by the user agency’s Program Manager.

END OF SECTION

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SBE PARTICIPATION REQUIREMENTS 1.0 DEFINITIONS

1.1 The following terms shall have the listed meanings (the definitions shall not apply outside of this Article where inconsistent with those listed elsewhere in the Proposal Documents).

1.2 Contractor: An individual, firm, partnership, corporation or combination thereof submitting a proposal for the work as defined in this RFP.

1.3 A Sub-Contractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work.

1.4 Small Business Enterprise (SBE): Any business firm that is certified by the District’s Office of Diversity in Business Practices (ODBP) as having average annual gross sales and an average number of full-time employees over the last three years that are less than fifty percent (50%) of the small business size standards as most recently defined by the U.S. Small Business Administration for the business firm’s relevant industry.

1.5 SBE Vendor Directory: To aid Proposers in meeting the SBE Contract Goal established for this Project a list of District Certified vendors is available via the internet at www.palmbeachschools.org/mwbe. The SBE Vendor Directory is maintained by and available from the Office of Diversity in Business Practices. This list represents vendors certified only by the School Board of Palm Beach County as meeting the requirements for participation as a Certified SBE vendor as listed below. Vendors certified as a SBE with any entity or agency other than the School District of Palm Beach County will not be acceptable. As the School District issues certificates of certification the vendor should provide a copy of his/her current certificate for inclusion in the required submissions of documentation.

1.6 SBE Participation: The minimum SBE participation established by the School Board of Palm Beach County for this Project, as stated in Section 00030 Legal Advertisement. This is established as a numerical percentage of the Board approved Construction Budget. The minimum calculation as indicated above is to provide an estimate of the expected SBE participation for the project. This goal can be reasonably attained by means of applying every reasonable and “good faith effort” to utilize SBE Sub-contractors and Sub-consultants in the performance of Work under this Project and in accordance with the terms and requirements of the School Board Policy 6.143 and the SBE & SBE Procedures Manual.

1.7 Business Diversity Committee: A committee established under the auspices of the Office of Diversity in Business (ODBP) with the responsibility of reviewing the contract bid and RFP documents and determining the appropriate type and scope of industry-specific remedial programs to be applied to the contract. This committee is comprised of professional and senior-level representatives from the following departments of the School District:

a. Department of Purchasing; b. ODBP;

c. Chief Operating Officer;

d. Superintendent’s Designee; and

e. The department responsible for letting the contract.

1.8 Director of Office of Diversity in Business Practices (ODBP): The Employee of the School Board of Palm Beach County responsible for establishing procedures for monitoring and evaluating program performance and compliance.

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1.9 Director of the Purchasing Department: An employee of the School Board of Palm Beach County, the School Board's designated administrator of the Contract.

1.10 Senior Project Administrator: An employee of the School Board of Palm Beach County assigned to this project.

1.11 Certified SBE Sub-Contractor: A Sub-Contractor who is certified to do specific work under the SBE Proposers Participation Program if he/she meets all the following criteria:

a) He/She maintains an Occupational License establishing the company as an entity legally authorized to engage in construction in Palm Beach County;

b) He/She produces evidence of ownership, operation, control and management of the firm on a daily basis;

c) He/She is an SBE Sub-Contractor as defined under paragraph 1.4 above and certified at the time the RFP is issued.

d) He/She can meet all requirements of Certification required by the School Board of Palm Beach County prior to the award of contract under the SBE Program. Any pending application with the Palm Beach County School District shall not be considered as certification of the vendor submitting application for consideration as an SBE Firm.

e) Inquiries regarding listings of the School District of Palm Beach County Small Business Enterprises can be made to the Office of Diversity in Business Practices, 3300 Forest Hill Boulevard - Suite A-106, West Palm Beach, FL 33406, (561) 434-8508 or on our website: http:/www.palmbeachschools.org/mwbe

f) He/She has or is able to obtain any and all licenses and insurance required to do such work prior to contract award.

1.12 Utilization of SBE Subcontractors: Proposers Obligation: (1.) Ensure that Certified SBE subcontractors as defined have the maximum opportunity to participate in the performance of the contract and to take all necessary and reasonable steps in accordance with this Provision to ensure that Certified SBE subcontractors have the maximum opportunity to compete for and perform contracts. (2.) To execute and submit documentation relative to the selection, reflecting participation and payment of the participation of SBE subcontractors and vendors.

1.13 Failure to Comply: Every reasonable effort to utilize SBE subcontractors must be demonstrated to the School Board of Palm Beach County. Failure on the part of the Proposers to comply with the requirements of this Article shall be cause for finding the Proposers Non-responsive. In the event a proposal is deemed non-responsive, award may then be made to the next responsive Proposer, or all remaining proposals may be rejected and the project re-advertised.

2.0 INDUSTRY-SPECIFIC REMEDIAL REQUIREMENTS

2.1 The Business Diversity Committee has determined that the following terms and conditions of SBE industry-specific remedial programs shall apply to this RFP and resulting contract:

a. SBE Proposer Evaluation Preference: An evaluation preference for School District of Palm Beach County or State of Florida Office of Supplier Diversity certified SBE as described in Paragraph 1.4 above, is established for this contract.

2.2 FORM 1528, Subcontractor/Subconsultant (Including SBE) Utilization Report shall be submitted by Contractor with all requests for payment pursuant to an awarded contract. 2.3 SBE Contract Goal: Evaluation Preference Points will be awarded to any business firm that

is certified by the District’s Office of Diversity in Business Practices (ODBP) as an SBE as defined in 1.4. There is no certified SBE Sub-Contractor participation requirement established for this contract however it is strongly encouraged.

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3.1 Post-Activation Submittals:

The Proposer(s) shall submit to the Owner the following documents (utilizing copies of Owner provided

standard forms found at the end of this Section) concerning SBE Proposer and Subcontractor participation in the contract:

1. Letter of Intent- SBE Subcontractor Participation: A letter, to the Proposer from each prospective Certified SBE Subcontractor that has agreed to participate in the project, stating Trade Items, and dollar amounts (PBSD FORM 1525).

2. Summary- SBE Subcontractors Participating: Wherein all Subcontractors are listed, together with their Contract (Trade) Items, and subcontract dollar value amounts (PBSD FORM 1528). The total SBE subcontract dollar value amount is compared to the total Proposal Price (Base Proposal and Alternates) as a percentage (%), which should equal or exceed the Contract Goal of 15%.

3. Unavailability Certification- SBE Subcontractor Participation: If the Proposer is unable to obtain adequate SBE Subcontractor Participation to meet the Contract Goal, he/she should request execution of PBSD FORM 1629 -Statement of Good Faith Efforts for each SBE Subcontractor he/she has solicited, but who cannot participate for reasons of their own. This is necessary to show good faith effort on the Proposers part to meet the Contract Goal.

3.2 Good Faith Efforts Non-compliance Supplement:

If the Proposer is unable to obtain adequate SBE Subcontractor Participation to meet the Contract Goal, he/she shall request execution of SBE Form 1629 (Good Faith Efforts Non-compliance Supplement), and Form 1527 (Statement of Good Faith Efforts) for each SBE Subcontractor he/she has solicited, but who cannot participate for reasons of their own. This is necessary to show good faith effort on the Proposer’s part to meet the Contract Goal.

If the information submitted in response to the previous paragraph demonstrates a Proposer does not meet the SBE Subcontractor Goal, the Proposer shall submit information sufficient to satisfy the School Board of Palm Beach County, Florida that the Proposer has made good faith efforts. In order for the Board to approve the proposed Proposal submitted by the Proposer if it has failed to meet the SBE Subcontracting Goal, the School Board of Palm Beach County, Florida must determine that the Proposer's efforts were those that a reasonable Proposer actively and aggressively seeking the goal would make given all relevant circumstances.

In making the required judgment, the School Board of Palm Beach County, Florida may consider the kinds of efforts listed below in Article 3.3 and the Proposer’s past history of meeting or exceeding the goals. The Palm Beach County School Board, Florida reserves the right to deny award of a contract to any firm that violates its policy or fails to make a good faith effort in attempting to comply.

3.3 Recommendations for Meeting Goals:

In determining whether or not a Proposer has made good faith efforts the School Board Palm Beach County, Florida will look not only at the different kinds of efforts that a Proposer made, but also the quantity and intensity of these efforts. The School Board of Palm Beach County, Florida does not insist the Proposer do any one or any particular combination of things on the list, nor is the list exclusive or exhaustive. Other factors or type of efforts may be relevant in appropriate cases.

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