City Of Walker Tender

Request For Proposal Debris Removal And Site Management For Debris Reduction And Emergency Roadway Debris Clearance Objective: It Is The Intent Of The City Of Walker (“owner”) To Obtain Proposals From Qualified Firms To Establish A Standby Contract For Debris Removal And Site Management For Debris Reduction, Emergency Roadway Debris Clearance And Waterway Debris Removal. These Services Will Not Be Authorized Until Such Time As A Notice To Proceed Has Been Issued; Typically, In Response To A Natural Or Man-made Disaster. Definitions: Whenever, In These Instructions, The Terms Defined In The Contract Are Used (or Pronouns Used In Their Place), The Intent And Meaning Of Such Terms Shall Be Interpreted As Indicated In The Contract. In Addition, The Following Definitions Shall Apply: Proposal Means An Executed Formal Document Submitted To The Owner Stating The Goods, Consultant Services, And/or Services, As Applicable, Offered By The Proposer To Satisfy The Needs As Requested In The Request For Proposal. Contract Means The Agreement Between The Successful Contractor(s) And The Owner In The Form Attached And Included In This Rfp Document. Goods, Consultant Services, And/or Services, As Applicable, Mean: This Standby Contract Is For Debris Removal And Site Management For Debris Reduction, Emergency Roadway Debris Clearance And Waterway Debris Removal. Rfp Documents Means This Entire Rfp Document, All Attachments, Instructions To Proposers, And Any Addendums Issued Prior To The Date And Time Of Submittal Of The Proposals. Contractor Or Prospective Contractor Or Proposer Means Any Person Or Firm Having A Contract With Or Proposing To The Owner As A Result Of This Rfp. 3.items Included With Request For Proposal: Cover Sheet, Owners Proposal Letter, Request For Proposalscope Of Work Pricing Schedule Sample Prospective Contractors Proposal Letter 4.submission Of Proposal: Submittal: Proposals Shall Be Enclosed In An Opaque Sealed Envelope Or Package, Addressed To The Owner. The Name And Address Of The Prospective Contractor, The Date And Hour Of The Proposal Submittal, And The Title “request For Proposals For Debris Removal And Site Management For Debris Reduction, Emergency Roadway Debris Clearance And Waterway Debris Removal” Rfp Shall Be Placed On The Outside Of The Envelope. All Items Required For A Responsive Proposal Shall Be Included. It Is The Responsibility Of The Proposer To Ensure That The Proposal Package Is Complete And Received At The Proper Time. Examination Of Rfp Documents: It Is The Responsibility Of Each Proposer Before Submitting A Proposal, To: A) Examine The Rfp Documents Thoroughly; And B) Consider And Comply With All Federal, State And Local Laws And Regulations, And Local Conditions That May Affect Cost, Progress, Or Performance Of The Project. Format: Proposals Must Follow The Format Of The Rfp And Be Structured So As To Follow The Required Sequence. Each Contractor Shall Submit Seven (7) Complete Sets Of The Proposal (one Hard Copy Marked “original” And Six (6) Marked “copy”) And One Electronic Copy On A Disc, Cd Or Thumb Drive. Email Copies And Fax Copies Shall Not Be Accepted. Experience: Prospective Contractors (company And/or Predecessors) Must Have At Least 5 Years Of Primary Contractor Experience In This Field Within The Last 10 Years, Be Capable Of Funding Such Potentially Massive Work For Weeks Or Longer, Must Provide A Reference List Of At Least Five (5) Government Customers For Whom They Have Performed Similar Services, And Must Provide All Information As Specified Herein. Exceptions: Prospective Contractors Are Advised That Exceptions To Any Of The Terms Contained In This Rfp Must Be Identified In The Response To The Rfp. Failure To Do So May Lead The Owner To Declare Any Such Term Non-negotiable, And/or May Lead To The Disqualification Of The Proposal. Expenses Of Preparation: The Owner Is Not Responsible For Any Expenses Which Prospective Contractors May Incur In Preparing And Submitting Proposals Called For In This Request For Proposal. Interviews: The Owner Reserves The Right To Conduct Personal Interviews Or Require Presentations From Any Or All Prospective Contractors Prior To Selection. The Owner Will Not Be Liable For Any Costs Incurred By The Proposer In Connection With Such Interviews/presentations (i.e., Travel, Accommodations, Etc.). Modification: The Owner Reserves The Right To Request That The Proposer Modify Their Proposal To More Fully Meet The Needs Of The Owner, And/or To More Fully Describe Their Proposal. Additional Information: The Prospective Contractor Shall Furnish Such Additional Information As The Owner May Reasonably Require. This Includes Information Which Indicates Financial Resources As Well As Ability To Provide And Maintain The Services And/or Recovery Operations For Several Weeks Or More. The Owner Reserves The Right To Make Investigations Of The Qualifications Of The Proposer As It Deems Appropriate, Including But Not Limited To A Financial Review And A Background Investigation. Negotiations: The Owner Reserves The Right To Negotiate Modifications To Proposals That It Deems Acceptable, Reject Any And All Proposals, And To Waive Minor Irregularities In The Procedures. Period Of Eligibility: All Proposals Submitted Shall Be Binding For One Hundred Twenty (120) Calendar Days Following The Date Of Opening. Alternate Proposals: An Alternate Proposal Is Viewed By The Owner As A Proposal Describing An Approach To Accomplishing The Requirements Of The Request For Proposals, Which Differs, From The Approach Set Forth In The Solicitation. An Alternate Proposal May Also Be A Second Proposal Submitted By The Same Proposer, Which Differs In Some Degree From Its Basic Or Prime Proposal But Is Included Within The Same Proposal Package. Alternate Proposals May Address The Technical Approach, Or Other Provision Or Requirements Set Forth In The Solicitation. The Owner May, During The Initial Evaluation Process, Consider All Alternate Proposals Submitted. Addenda: If It Becomes Necessary To Revise Or Amend Any Part Of The Request For Proposal, The Owner Will Furnish The Revision By Written Addendum To All Prospective Contractors Who Received An Original Request For Proposals. It Will Be The Responsibility Of The Proposer To Contact The Owner Prior To Submitting A Proposal To Ascertain If Any Addenda Have Been Issued, To Obtain All Such Addenda, And To Return Executed Addenda With The Proposal. Failure To Include Signed Addendum With The Proposal Shall Be Grounds For Rejection Of A Proposal. Execution Of Contract: The Contract Between Proposer And Owner Shall Be In The Form Of The "agreement" Collaborated Between Owner And Proposer. The Successful Proposer Shall Assist And Cooperate With The Owner In Executing The Contract In A Timely Manner If Notified Of A Successful Award By Owner. Taxes: Cost Of All Sales And Other Taxes For Which The Proposer Is Liable Under The Contract Shall Be Included In The Proposal. Proposal Due Date: Sealed Proposals Must Be Received At The City Of Walker Office No Later Than 11:00 A.m. On April 18, 2024. Proposals Shall Be Opened By The Evaluation Committee In Private. Any Awards Resulting From An Evaluation Shall Be Announced Publicly. Proposals Received By The Owner After The Time Specified For Receipt Will Not Be Considered. Proposers Shall Assume Full Responsibility For Timely Delivery Of Their Proposals To The Location Designated For Receipt Of Proposals. Fax Copies And Email Copies Shall Not Be Accepted. Proposal Requirements: Official Bid Documents Are Available At Central Bidding (www.centralbidding.com). Electronic Bids May Be Submitted At Central Bidding (www.centralbidding.com). For Questions Related To The Electronic Bidding Process, Please Call Central Bidding At 225-810-4814. Proposals Shall Include All Of The Information Required By The Request For Proposal, And Any Additional Data That The Prospective Contractor Deems Pertinent To The Understanding And Evaluation Of The Proposal. Proposals Are To Be Addressed As Follows For Mail, Express Delivery, Or Hand Delivery: Owner/representative: City Of Walker Title: Kelsey Murray, Finance Physical Address: 13600 Aydell Lane Walker, La 70785 Mailing Address: P.o. Box 217 Walker, La 70785 Any Questions Regarding This Rfp Shall Be Posed To Kelsey Murray, Finance In Writing At The Email Below Or At The Above Mentioned Physical And Mailing Addresses: Email: Kelsey.murray@walker-la.gov Proposals Shall Be Organized And Sections Tabbed In The Following Order. All Proposals Shall Include At Minimum: Title Page: Show The Name Of Proposer’s Firm, Address, Telephone Number, Email, Name Of Contact Person, Date, And The Subject: “request For Proposal For Standby Contract For Debris Removal And Site Management For Debris Reduction, Emergency Roadway Debris Clearance And Waterway Debris Removal.” Table Of Contents: Include A Clear Identification Of The Material By Tab And By Page Number. Tab 1 - Contractor’s Profile And Submittal Letter A. Submittal Letter Signed By An Authorized Agent Of The Prospective Contractor. A Proposal Statement Setting Forth In Detail How The Proposal Meets The Proposal Requirements And Evaluation Factors. Organizational Structure And Locations Of Business With Ownership Interests Tab 2 – Qualifications Provide A Description And History Of The Firm Focusing On The Following: A. Experience In All Aspects Of Emergency Management, Including Response, Procurement, Operation, Planning, Contract Management, And Accounting Systems. B. Document Knowledge And Experience With State And Local Emergency Management Agencies; State And Federal Programs; Funding Sources And Reimbursement Processes. C. Demonstrate Detailed Experience And Expertise Pertaining To All Aspects Of The Scope Of Work Set Forth Herein. D. Demonstrate Knowledge Of Environmental Requirements And Regulations. Tab 3 - Technical Approach Provide A Narrative Description With An Organizational Chart Outlining The Mobilization, Operational Plans, And Structure, Services To Be Provided And How And When These Services Shall Be Provided. This Description Should Fully And Completely Demonstrate The Prospective Contractor's Intended Methods For Servicing The Requirements Of All Aspects Of The Scope Of Work, Set Forth Herein - To Include Number Of Equipment, Owned And/or Leased, Available And Under The Contractor’s Control For The Duration Of The Contract. Prospective Contractor May Offer Alternative Solutions/options To Achieve Successful Completion Of The Scope Of Work Detailed Herein. Tab 4 - Reimbursement Process A. Prospective Contractor Shall Demonstrate Their Knowledge Of And Experience, With The Fema Reimbursement Process; The Fema Initial Damage Estimates; Immediate Needs Funding (inf), The Project Worksheets Completion And Application Process. Tab 5 - Key Personnel Include A Listing Of Key Staff Including Resumes For Each Describing Experience, Training, And Education In The Required Services. Identify Staff Experience Working With Governmental Entities And List Those Projects. Include An Affirmative Action Plan For All Personnel. Tab 6 - Proposed Subcontractors Include A Listing Of Proposed Subcontractors. Delineate Those Subcontractors Who Are Disadvantaged Business Enterprises, As Defined In 2c.f.r. 215.44(b)(1) And 44 C.f.r. 13.36(4)(e), And Such Other Minority, Woman-owned, And Small Business Enterprises. Tab 7 - Pricing Schedule A. Each Prospective Contractor Must Complete, Execute, And Submit The Proposal Form Included Herewith. B. The Pricing Schedule Attached Hereto Shall Be Submitted And Shall Include All Costs Associated With The Performance Of The Contract Including Travel And Out-of-pocket Expenses. The Contractor Will Be Responsible For All Costs Associated With Ineligible Debris. Tab 8 – References Contractor Shall Provide At Least Five (5) Governmental Entity References For Which The Firm Has Performed Similar Work Of The Same Or Similar Magnitude To Those Requested In This Solicitation, Including The Contact Name, Entity, Address, Telephone Number, E-mail Address, And Date And Term Of The Contract And At Least Five Letters Of Reference From Previous Clients. Tab 9 – Insurance Attach Evidence Of Required Insurance In The Amounts Indicated. If Available, A Properly Completed Acord Form Is Preferable. Tab 10 - Financial Statements All Prospective Contractors Shall Supply An Audited, Financial Statement For Each Of The Past Two Years. A Third Party Prepared Financial Statement Is Acceptable For One Of The Two Years If An Audited Statement Is Not Available. Any Such Third-party Certified Statement Shall Be Signed And Certified By The Third Party Certified Public Accountant (cpa) And Signed And Certified As Accurate By The Prospective Contractor. Tab 11- Addenda Contractor Is Responsible For Contacting Owner To Identify Any Addenda’s Issued For This Request For Proposal. Any Addenda Issued Subsequent To The Release Of This Solicitation Must Be Acknowledged By Signature Of The Authorized Representative Of The Prospective Contractor, And A Copy Of This Acknowledgment Placed In This Section. Tab 12 – Exceptions Include Any/all Exceptions Taken To The Content Of The Solicitation Itself Or Any Contract Or Legal Agreement(s) Or Document(s) Related To The Solicitation. Any Exceptions Shall Be Reviewed By Owner For Appropriateness And Is Only Valid If Accepted In Writing By Owner. Tab 13 – Litigation: Prospective Contractors Prospective Contractors Shall Provide The Following Information: Within The Past 10 Years, State Whether The Prospective Contractor Or Any Employee Thereof Anticipated Being Assigned To Provide Debris Removal Services, Has Been A Defendant In Any Proceeding Involving Or Arising Out Of Debris Removal Services. Within The Past 10 Years, State Whether The Prospective Contractor Or Any Employee Thereof Anticipated Being Assigned To Provide Debris Removal Services, Has Been Suspended Or Debarred From Receiving Federal Funds Regardless Of Whether The Prospective Contractor Or Any Employee Thereof Was Removed From Being Suspended Or Debarred. Within The Past 10 Years, State Whether The Prospective Contractor Has Had A Contract Related To Debris Removal Canceled Or Terminated. Tab 14 – Bonding Capacity Include An Executed Letter Of Commitment, Proof Of Bonding Capacity Issued By The Surety Company For The Payment And Performance Bond, Per The Attached Sample Letter. Proposal Evaluation: The Owner Shall Award To The Responsive And Qualified Proposer(s) Whose Proposal Is Determined To Be The Most Advantageous To The Owner. Evaluation Of Proposals Shall Be Based On The Evaluation Factors Set Forth In The Request For Proposals And Any Other Relevant Information Obtained Through The Evaluation Process, And The Interviews, If Held. Evaluation Criteria: The Evaluation Criteria Define The Factors That Will Be Used By The Evaluation Committee To Evaluate And Score Responsible And Qualified Proposals. Prospective Contractors Shall Include Sufficient Information To Allow The Evaluation Committee To Thoroughly Evaluate And Score Their Proposals. Each Proposal Submitted Shall Be Evaluated And Ranked By An Evaluation Committee. Qualifications Of The Contractor …………………………………………25% Number Of Years And Degree Of Experience In Disaster Response, Particularly Debris Management: Company And/or Predecessors Must Have At Least 5 Years Of Primary Contractor Experience In This Field Within The Last 10 Years; More Preferred Number Of Equipment (owned Or Leased) Available And Under Contractor’s Control Experience With Fema Reimbursement Programs And Funding Issues Proof Of Satisfactory Or Better Performance On Contracts Of Similar Scope And Size: References And Letters Of Reference Must Verify Successful Completion Of Similar Projects In House Client Training Capabilities: Provide Certification Of Emergency Management Training Qualifications Of Staff…………………………………………………….15% Experience Of Key Team Members In Area Identified Under Experience Of Prospective Contractor: Identify Senior And Project Management Affirmative Action Of Prospective Contractor: Describe Local And Minority Subcontracting Plan Education And Experience Of Prospective Contractor Personnel: Provide Brief Resumes Technical Approach ……………………..........…………………………15% Experience Of Prospective Contractor In Previous Similar Projects Technical Approach Of The Prospective Contractor To Mobilize And Perform The Many Aspects Of The Work Ability To Respond In A Timely Manner With The Necessary Resources Financial Stability …………………………………………………………15% Ability Of Prospective Contractor To Continue To Proceed Until Funding Becomes Available Previous Financial Handling Of Multiple Contracts In Multiple Disasters History Of Satisfactory Payment Procedures Of Subcontractors Price …………………………..…………………………………………...10% Pricing Schedule Will Be Evaluated For Rationality All Line Items Must Be Priced Exactly As Quoted Within The Rfp, Regardless Of Any Alternates Which May Be Proposed Technical And Reimbursement Assistance ……………………………….20% Experience Of Prospective Contractor In Relation To Tracking, Recording, And Data Processing Invoicing Program Prospective Contractor’s Knowledge And Experience Of Federal Reimbursement Guidelines Experience In Emergency Debris Management Plan Preparation Written Requests For Interpretations/clarifications: No Oral Interpretations Will Be Made As To The Meaning Of Specifications Or Any Other Contract Documents. All Questions Pertaining To The Terms And Conditions Or Scope Of Work Of This Rfp Must Be Sent In Writing (mail, Email Or Fax) To The Owner And Received No Later Than Five (5) Days Prior To The Proposal Due Date. Responses To Questions May Be Handled As An Addendum If The Response Would Provide Clarification To Requirements Of The Proposal. All Such Addenda Shall Become Part Of The Contract Documents. The Owner Will Not Be Responsible For Any Other Explanation Or Interpretation Of The Rfp Made Or Given Prior To The Award Of The Contract. The Owner Will Not Respond To Questions Received After The Specified Deadline. Oral Presentation: An Oral Presentation Of Proposal May Be Requested Of Any Prospective Contractor At The Evaluation Committee’s Discretion. Contractors Are Cautioned Not To Assume That Presentations Will Be Required And Should Include All Pertinent And Required Information In Their Original Proposal Package. Withdrawal Of Proposal: The Proposal May Be Withdrawn By The Proposer By Means Of A Written Request, Signed By The Proposer Or Its Duly Authorized Representative. Such Written Request Must Be Delivered To The Place Specified In The Request For Proposals/advertisement For The Receipt Of Proposals Prior To The Scheduled Closing Time For Receipt Of Proposals. Modifications Will Not Be Accepted Or Acknowledged After The Date And Time For Submission Of Proposals. Acceptance/rejection: The Owner Reserves The Right To Accept Or Reject Any Or All Proposals Received As A Result Of This Rfp, Or To Negotiate Separately With Competing Contractors, And To Waive Any Informalities, Defects, Or Irregularities In Any Proposal, And To Accept That Proposal Or Proposals, Which In The Judgment Of The Proper Officials, Is In The Best Interest Of The Owner. Acceptance Period: Any Proposal In Response To This Solicitation Shall Be Valid For 120 Calendar Days. At The End Of This Time The Proposal May Be Withdrawn At The Written Request Of The Prospective Contractor If No Award Has Been Made. If The Rfp Is Not Withdrawn At That Time, It Shall Remain In Effect Until An Award Is Made Or The Solicitation Is Cancelled. The Owner Reserves The Right To Request An Extension Of The Period Of Validity For The Proposals If The Contract Has Not Been Negotiated Within 120 Days From The Submittal Date Of The Rpf. Time Line:following Is A Listing Of Actions And Anticipated Dates; The Owner Reserves The Right To Change The Dates, If Necessary. Advertising & Publishing Rfp 3/14/24, 3/21/24, 3/28/24, 4/4/24, 4/11/24 Deadline For Questions/clarifications One Week Prior To Deadline Proposal Submittal Date Deadline 11:00 A.m. On April 18, 2024 15.contractor’s Certification And Responsibility:by Submitting A Proposal, Prospective Contractors Represent That: A. The Prospective Contractor Has Fully Read And Understands The Rfp In Its Entirety, Has Fully Read And Understands The Proposal Method, The Evaluation Criteria And Has Full Knowledge Of The Scope, Nature, And Quality Of Work To Be Performed. The Prospective Contractor’s Proposal Is Made In Accordance Therewith. B. The Prospective Contractor Possesses The Capabilities, Experience, Resources, Financial Wherewithal, And Personnel Necessary To Provide Efficient And Successful Services As Set Forth In The Scope Of Services To The Owner, And; C. Before Submitting A Proposal, Each Contractor Shall Make All Investigations And Examinations Necessary To Ascertain Site And/or Local Conditions And Requirements Affecting The Full Performance Of The Contract And To Verify Any Representations Made Upon Which The Contractor Will Rely. If The Contractor Receives An Award Because Of Its Proposal Submission, Failure To Have Made Such Investigations And Examinations Will In No Way Relieve The Contractor From Its Obligations To Comply In Every Detail With All Provisions And Requirements Of The Contract, Nor Will A Plea Of Ignorance Of Such Conditions And Requirements Be Accepted As A Basis For Any Claim By The Contractor For Additional Compensation Or Relief. Costs Incurred By Proposers: All Expenses Involved With The Preparation And Submission Of Proposals To The Owner, Or Any Work Performed In Connection Therewith, Shall Be Borne Solely By The Prospective Contractors. No Payment Will Be Made For Any Responses Received, Or For Any Other Effort Required Of, Or Made By, Prospective Contractors In Responding To This Rfp. 17.contractor’s Personnel:a. The Contractor Represents That It Has Or Shall Secure At Its Own Expense, All Necessary Personnel Required To Perform The Services Under The Resulting Contract. Such Personnel Shall Not Be Employees Of Or Have Any Contractual Relationship With The Owner. B. The Contractor Shall Be Responsible For Ensuring That Its Employees, Agents, And Subcontractors Comply With All Applicable Laws And Regulations And Meet All Federal, State, And Local Requirements Related To Their Employment And Position. The Owner Reserves The Right To Require The Contractor To Remove Any Employee From Working On The Resulting Contract, Which The Owner Deems Incompetent, Careless, Or Otherwise Objectionable. C. The Contractor Certifies That It Does Not And Will Not During The Performance Of The Contract Employ Illegal Alien Workers Or Otherwise Violate The Provisions Of The Federal Immigration Reform And Control Act Of 1986, As Amended. D. During The Performance Of The Contract, The Contractor Agrees To The Following: 1. The Contractor Shall Not Discriminate Against Any Employee Or Applicant For Employment Because Of Race, Religion, Color, Sex, Age, Handicap, Or National Origin, Except When Such Condition Is A Bona Fide Occupational Qualification Reasonably Necessary For The Normal Operations Of The Contractor. 2. The Contractor, In All Solicitations Or Advertisements For Employees Placed By Or On Behalf Of The Contractor, Shall State That Such Contractor Is An Equal Opportunity Employer. 3. The Contractor And Any Subcontractor Shall Pay All Employees Working On This Contract Not Less Than Minimum Wage Specified In The Fair Labor Standards Act (29 Cfr 510-794) As Amended. Reservation Of Owner’s Rights: In Addition To All Other Rights Provided The Owner Under State Law, The Owner Specifically Reserves The Following Rights: A. Owner Reserves The Right To Rank Firms And Negotiate With The Highest Ranked Firms In Accordance With The Evaluation Criteria Set Forth Herein. Negotiation With An Individual Prospective Contractor Does Not Require Nor Prohibit Negotiation With Others. B. Owner Reserves The Right To Select The Proposal That It Believes Will Serve The Best Interest Of Owner. C. Owner Reserves The Right To Reject Any Or All Proposals. D. Owner Reserves The Right To Cancel The Entire Request For Proposal Or To Cancel The Award Of Any Contract At Any Time Before The Execution Of Such Contract By All Parties Without Any Liability. E. The Owner Reserves The Right To Waive Any Informality, Irregularity Or Immaterial Errors In The Request For Proposal Or In Any Proposal Received, Or Reject Any And/or All Proposals, Or Re-advertise. F. Owner Reserves The Right To Request Any Necessary Clarifications Or Proposal Data Without Changing The Terms Of The Proposal. G. Owner Reserves The Right To Select A Contractor(s) On The Basis Of The Original Proposals Without Negotiation. All Proposals Received From Contractors In Response To This Request For Proposal Will Become The Property Of The Owner And Will Not Be Returned To The Proposers. In The Event Of Contract Award, All Documentation Produced As Part Of The Contract Will Become The Exclusive Property Of The Owner. In The Event Only One Responsive Proposal Is Received, The Owner Reserves The Right To Award To The Sole Proposer; Re-advertise The Request For Proposal, With Or Without Making Changes To The Evaluation Factors; Or Elect Not To Proceed. For And In Consideration Of The Owner Considering Proposals Submitted, The Proposer, By Submitting Its Proposal, Expressly Waives Any Claim To Damages Of Any Kind Whatsoever, In The Event The Owner Exercises Its Right To Cancel The Award In Accordance Herewith. The Owner Reserves The Right To Select, From Among The Various Proposal Alternates, Those Alternates To Be Included In The Final Contract As Well As The Right And Option To Award Or Re-solicit Proposal Alternates In Any Sequence Or At Any Time Deemed To Be In The Best Interest Of The Owner. Subcontracting: Contractor Shall Not Employ Any Subcontractor, Supplier, Or Other Person Or Organization Whether Initially Or As A Substitute, Against Whom The Owner May Have Reasonable Objection. The Contractor Shall Not Sublet Any Portion Of The Contract, Excluding Material, Without Written Consent, Including Work Sublet To An Authorized Disadvantaged Business Enterprise. If Such Consent Is Given, The Contractor Will Be Permitted To Sublet A Portion Of The Work But Shall Perform With The Contractor's Own Organization Work Amounting To At Least 30 Percent Of The Total Contract Cost. The Contractor Shall Not Be Required To Employ Any Subcontractor, Supplier, Or Other Person Or Organization To Furnish Or Perform Any Of The Work Against Whom The Contractor Has Reasonable Objection. The Contractor Shall Provide An Opportunity For Local Subcontractors, Minority And Disadvantaged Business Enterprises (dbe’s) Subcontractors To Participate In The Work. A Subcontractor Shall Not Further Subcontract To A Third Party Any Portion Of This Authorized Work, Excluding Material, Without Written Consent, Including Work Sublet To An Authorized Disadvantaged Business Enterprise. No Subcontract Shall Relieve The Contractor Of Liability Under The Contract And Bonds. A Subcontractor Shall Not Further Subcontract To A Third Party Any Portion Of This Authorized Work. All Subcontractors, Suppliers, Or Other Persons Or Organizations (including Those Who Are Able To Furnish The Principal Items Of Materials Or Equipment) Shall Be Submitted To The Owner For Acceptance If Requested By Owner. The Owner’s Acceptance, In Writing, Of Any Such Subcontractors, Suppliers, Or Other Person Or Organization So Identified May Be Revoked On The Basis Of Reasonable Objection After Due Investigation, In Which Case The Contractor Shall Submit An Acceptable Substitute. No Acceptance By The Owner Of Any Such Subcontractor, Supplier, Or Other Person Or Organization Shall Constitute A Waiver Of Any Right Of The Owner To Reject Defective Work. Action By The Owner Awarding A Contract To A Firm That Has Disclosed Its Intent To Assign Or Subcontract In Its Response To The Rfp, Shall Constitute Approval Thereof.c. The Contractor Shall Be Fully Responsible To The Owner For All Acts And Omissions Of The Subcontractors, Suppliers, Or Other Persons, Or Organizations Performing Or Furnishing Any Of The Work Under A Direct Or Indirect Contract With The Contractor Just As The Contractor Is Responsible For The Contractor’s Own Acts And Omissions. Nothing In The Resulting Contract Documents Shall Create For The Benefit Of Any Such Subcontractors, Suppliers, Or Other Persons, Or Organizations, Any Contractual Relationship Between The Owner And Any Such Subcontractors, Suppliers, Or Other Persons Or Organizations, Nor Shall It Create Any Obligation On The Part Of The Owner To Pay Or To See To The Payment Of Any Money Due Any Such Subcontractors, Suppliers, Or Other Persons, Or Organization, Except As May Otherwise Be Required By Laws And Regulations. D. The Contractor Shall Be Solely Responsible For Scheduling And Coordinating The Work Of Subcontractors, Suppliers, Or Other Persons, Or Organizations Performing Or Furnishing Any Of The Work Under A Direct Or Indirect Contract With The Contractor. The Contractor Shall Require All Subcontractors, Suppliers, Or Other Persons, Or Organizations Performing Or Furnishing Any Of The Work To Communicate With The Owner Through The Contractor. E. All Work Performed For The Contractor By A Subcontractor Or Supplier Shall Be Pursuant To An Appropriate Agreement Between The Contractor And The Subcontractor Or Supplier That Specifically Binds The Subcontractor Or Supplier To The Applicable Terms And Conditions Of The Resulting Contract For The Benefit Of The Owner. F. Within Thirty (30) Calendar Days After The Notice Of Contract Execution, The Contractor Shall Submit To The Owner A Preliminary List Of Potential Subcontractors Which May Be Used On The Project. The Potential Subcontractors Submitted Shall Not Be On The Disqualified Contractor List And The Federal Debarment List (excluded Parties List System At Www.epls.gov). Failure To Supply This Information Timely And Accurately May Result In The Contractor Being Placed In Default And Termination Of The Contract. G. Prior To Beginning Work, The Contractor Shall Submit To The Owner For Approval All Subcontractor(s) Which Will Be Used On The Project. The Owner Shall Provide Initial Approval Of Any Subcontractor Which Is Not On The Disqualified Contractor List And The Federal Debarment List (excluded Parties List System At Www.epls.gov). Once Initial Approval Is Granted, The Subcontractor May Begin Work. H. The Contractor Will Be Required To Develop And Deliver Subcontractor Training On The Contract Provisions, Traffic Control Requirements, And Applicable Rules, Regulations, And Laws To This Contract. The Training Will Be Targeted At The Subcontractor’s Supervisory Staff And Workers. Once The Training Has Been Developed, The Contractor Shall Submit In Writing The Proposed Training Program And Training Materials To The Project Engineer For Approval. The Training Shall Be Provided Annually Before The Beginning Of Each Hurricane Season And Immediately Before Each Subcontractor Begins Work. The Contractor Shall Document The Training And Provide Said Documentation To The Project Engineer. Disadvantaged Business Enterprise Program: The Owner Promotes Policies Which Assure And Encourage The Full Participation Of Disadvantaged Business Enterprises (dbe) In The Provision Of Goods And Services, As Detailed In 2 Cfr 200.321. Disadvantaged Business Enterprises, As Defined In 49 Cfr 23, Shall Have Equal Opportunity To Compete For And Perform Subcontracts Which The Contractor Enters Into Pursuant To This Contract. The Contractor Shall Use Their Best Efforts To Solicit Bids From And To Utilize Dbe Subcontractors Or Subcontractors With Meaningful Minority Group And Female Representation Among Their Employees. Contract: The Contents Of This Rfp And All Provisions Of The Successful Proposal Deemed Pertinent By The Owner May Be Incorporated Into A Contract And Become Legally Binding When Approved And Executed By Both Parties. Contents Of The Contract May Contain Changes From The Owner’s Perspective As A Result Of The Rfp Process And Proposal(s) Received. The Final Negotiated Contract May Include The Scope Of Work As Outlined In This Rfp Along With The Successful Contractor's Submittal And Any Additions Or Deletions Made At The Discretion Of The Owner As A Result Of This Rfp Process. The Contract May Be Terminated By The Owner For Cause Or For Convenience. The Contract Will Be A Standby Contract For Use In Dealing With Response To Emergency Situations. Work Related To The Contract Shall Commence Upon Issuance Of A Notice To Proceed. 22. Proprietary Information: Proposers Should Be Aware That The Request For Proposal And The Responses Thereto Are In The Public Domain. However, The Proposers May Identify Specifically Any Information Contained In Their Proposals Which They Consider Confidential And/or Proprietary And Which They Believe To Be Exempt From Disclosure, Citing Specifically The Applicable Exempting Law. All Proposals Received From Proposers In Response To This Request For Proposal Will Become The Property Of The Owner And Will Not Be Returned To The Proposers. In The Event Of Contract Award, All Documentation Produced As Part Of The Contract Will Also Become The Exclusive Property Of The Owner. The Owner Has The Right To Use Any Or All Ideas Presented In Any Reply To This Rfp. Selection Or Rejection Of Any Proposal Submitted Does Not Affect This Right. 23. Licenses And Certificates: A. The Owner Reserves The Right To Require Proof That A Prospective Contractor Is An Established Business Operating In Compliance With The Law. Local And State Business Licenses Are Required For This Proposal. B. Each Prospective Contractor Shall Be Licensed And Qualified To Do Business In Its Area Of Expertise. Each Firm Shall Submit With Their Proposal A Copy Of And Maintain The Appropriate Licenses And Certificates During The Term Of Any Resulting Contract, And Any Extensions. C. The Contractor Is To Procure All Permits, Licenses, And Certificates, Or Any Such Approvals Of Plans Or Specifications As May Be Required By Federal, State And Local Laws, Ordinances, Rules, And Regulations, For The Proper Execution And Completion Of The Work Under This Agreement. D. The Proposer Certifies That Their Company Is A Licensed General Contractor In The State Of Louisiana. Proposer Must Submit A Copy Of The License With The Proposal And Be In Good Standing With State Regulatory Body. No Specific Designation Is Required, Only That The Company Is Properly Licensed As A Contractor. See Louisiana Revised Statute 37: “a Louisiana State Contractor’s License/registration Is Required If You Contract, Bid Or Perform Work Where The Total Project Value Including Labor And Materials Exceeds The Minimum Threshold To Hold A Commercial License, Residential License, Mold Remediation License, Or A Home Improvement Registration.” In Addition, Debris Removal Contractors Must Be Listed In Sam.gov Registry With Good Standing. E. Proposer Certifies That Proposer’s Organization, Or Its Subcontractor(s) Is Classified As An Oil Spill Removal Organization (osro) By The Coast Guard And Maintains Appropriate Classification (m – W3) For All Potential Debris Management Specified In This Rfp. This Rfp Requires River/canal, Inland And Near Shore Classifications. Classification Must Be Kept In Good Standing For The Duration Of The Contract Length. F. Contractor, Or Its Subcontractor(s), Must Show Its Qualifications In The Handling Of Hazardous Materials And House Hold Hazardous Waste. This Can Be Demonstrated Listing The Company's Employees And Their Respective Haz-wopper Licenses And Asbestos Licenses. Proposer, Or Its Subcontractor(s), Must Have Qualified Personnel Currently Employed To Submit A Proposal. 24. Continuing The Work: The Contractor Shall Carry On The Work And Adhere To The Progress Schedule During All Disputes Or Disagreements With The Owner. No Work Shall Be Delayed Or Postponed Pending Resolution Of Any Disputes Or Disagreements, Except As The Owner And Contractor May Otherwise Agree In Writing. 25. Waiver Of Claims: Once Any Contract Resulting From This Rfp Expires, Or Final Payment Has Been Requested And Made, The Respective Contractor Shall Have No More Than Ninety (90) Calendar Days To Present Or File Any Claims Against The Owner Concerning Such Contract And Thereafter, Such Claim Shall Be Deemed Waived. 26. Change In Scope Of Work A. The Owner May Order Changes In The Work Consisting Of Additions, Deletions, Or Other Revisions Within The General Scope Of The Contract. No Claims May Be Made By The Contractor That The Scope Of The Project Or Of The Contractor's Services Has Been Changed, Requiring Changes To The Amount Of Compensation To The Contractor Or Other Adjustments To The Contract, Unless Such Changes Or Adjustments Have Been Made By Written Amendment To The Contract Signed By The Owner And Contractor. It Is Noted That This Is A Unit Price Contract And Nothing Herein Shall Limit The Number Of Units Of Work Which May Be Required By A Disaster. Once Issued A Notice To Proceed (ntp), Unless Limited By Area Or Amount, The Contractor Shall Proceed At The Daily Directive Of The Owner With The Entire Work Required Hereunder. B. If The Contractor Believes That Any Particular Work Is Not Within The Scope Of Work Of The Contract, Is A Material Change, Or Will Otherwise Require More Compensation To The Contractor, The Contractor Must Immediately Notify The City Of Walker’s Representative In Writing Of This Belief. If The Owner’s Representative Believes That The Particular Work Is Within The Scope Of The Contract As Written, The Contractor Will Be Ordered To And Shall Continue With The Work As Changed And At The Cost Stated For The Work Within The Scope. The Contractor May Then Assert Its Right To An Adjustment Under The Terms And Conditions Set Forth Herein For Claims. C. The Owner Reserves The Right To Negotiate With The Awarded Contractor(s) Without Completing The Competitive Rfp Process For Materials, Products, Services, And/or Items Similar In Nature To Those Specified Within This Rfp For Which Requirements Were Not Known Or Realized At The Time Of Issuance Of The Rfp. D. The Contractor Shall Commence Performance On The Date Set Forth In The Notice To Proceed Which Date Shall Be Determined By The Owner Prior To, During Or After Any Disaster. E. The Contractor Shall, After Notice To Proceed And With The Owner’s Direction, Provide A Work Plan Showing Where Operations Will Begin, And Which Streets/roads Will Be Cleared On A Daily Basis. The Plan Will Be Updated Each Day Of Operation. Contractor Shall Provide A Computerized Daily Update Of Progress, Showing The Streets Cleared By Web Map, The Volumes Recovered, The Location Of Crews, And The Estimated Percentage Completion. Such Program Shall Be Web Based And Shall Be Accessible By The Owner With A Password Provided By Contractor Or As An Active Website Available Without Password To The Public, As Instructed By The Owner. Contractor Shall Provide Examples Of Such Work Plan, Their Web-based Programs, Their Plans For Its Use, And The Hosting Thereof In Their Proposal. Debris Site Location: 1. Walker, Louisiana 27. Use Of Premises: A. The Contractor Shall Assume Full Responsibility For Any Damage To Any Work Areas Or To The Owner, Homeowner, Or Occupant Thereof, Or Of Any Adjacent Land Or Areas, Resulting From The Performance Of The Work. Contractor Shall Maintain A Toll-free Hotline Answered 24 Hours Per Day To Professionally Accept Homeowner And Other Claims. Contractor Shall Provide In Its Proposal, A Summary Of And Sample Computerized Documents Exhibiting Its Complete Claim Resolution Program To Include Computerized Complaint Logs, Complaint Report Forms, Site Visit And Inspection Forms, And Computerized Resolution Reporting Forms And Summaries For The Owner. Should Any Claim Be Made By Any Such Owner Or Occupant Because Of Accident, Intentional Act, The Performance Of The Work, Or For Any Other Such Reason The Cause Of Which Is The Contractor Or Their Subcontractors, Agents Or Employees, The Contractor Shall Promptly Settle With Such Party By Negotiation Or Otherwise Resolve The Claim By Arbitration Or Other Dispute Resolution Proceeding Or At Law. Contractor Shall Provide A Weekly Computerized Update Of All Claims And Complaints And Their Disposition, Both Individually And In Summary Form. B. During The Progress Of The Work, The Contractor Shall Keep Their Sites Free From Accumulations Of Waste Materials, Rubbish, And Other Debris Resulting From The Work. At The Completion Of The Work, The Contractor Shall Remove All Waste Materials, Rubbish, And Debris From And About The Sites, As Well As Tools, Appliances, Equipment, Machinery And/or Surplus Materials. C. The Contractor Shall Take Care To Monitor And Make Every Effort To Prevent Or Mitigate Spills Of Petroleum Products And Hydraulic Fluids. Any Such Spills Shall Be Remediated Immediately By The Contractor. D. No Tracked Equipment Shall Be Allowed On Public Streets Or Right Of Way (row) Without The Written Permission Of The Owner. 28. Estimated Quantities: The Owner Reserves The Right To Increase Or Decrease Estimated Quantities As Required. Estimated Quantities As Shown Within Of This Rfp Are For Estimating And Proposal Purposes Only. It Is Understood By All Prospective Contractors That These Are Only Estimated Quantities And The Owner Is Not Obligated To Purchase Any Minimum Or Maximum Amount During The Life Of The Contract. The Actual Volumes Of Any Work Can Only Be Identified Subsequent To A Disaster, And As The Work Proceeds. The Contractor Shall Be Required To Perform All Work Required By The Contract Regardless Of Volume. 29. Performance: The Selected Contractor Shall Perform The Resulting Contract In A Timely Fashion. If The Disaster Is Such That It May Reasonably Be Predicted In Advance, Contractor Shall Have Management Personnel Within The Emergency Operations Center (eoc) 24-48 Hours Prior To The Arrival Of The Disaster. If The Disaster Is Such That The Disaster Could Not Be Predicted, The Contractor Shall Have Management Personnel Within The Eoc Within 24 Hours After The Event. Contractor’s Management Personnel Shall Assist The Owner To Plan A Response, Plan For The Arrival Of The Event If Possible, And To Initiate The Emergency Push And Initial Debris Removal And Rescue Operations. Contractor Shall Mobilize Work Crews And Heavy Equipment Within Such Period Of Time As May Be Set Forth Within The Notice To Proceed. Crews Shall Be Mobilized In A Staggered Phasing So As Not To Overwhelm The Resources Of The Monitoring Body. Contractor Shall Describe Its Mobilization Program And Past Experience With Such Mobilization. Contractor Should Clearly Exhibit Experience In Large Previous Compelling Mobilizations, To Multiple Sites, With Short Time Frames. 30. Equipment Availability: The Selected Contractor Shall Provide Number And Proof Of Access To Equipment, Owned Or Leased By The Contractor, That Will Be Made Available For Any And All Disaster And Non-disaster Related Projects. This Does Not Include Subcontractor Equipment. 31. Payment And Performance Bonds: The Successful Bidder Shall Be Required To Provide Payment And Performance (surety) Bonds For The Entire Amount Of The Contract Price To Insure The Successful Performance Of The Terms And Conditions Of The Contract. The Payment And Performance Bond Shall Be Subject To Forfeiture For Failure On The Part Of The Successful Bidder To Perform Its Obligations Under The Contract. The Bond Must Be Provided Within Seven (7) Days Of Written Notice To Proceed. The Payment And Performance Bond Is To Be Secured From A Surety Or Insurance Company Listed On The U.s. Department Of The Treasury Financial Management Service List Of Approved Bonding Companies Which Is Published Annually In The Federal Register, With At Least An A-rating In The Latest Printing Of The A.m. Best’s Key Rating Guide, To Write Individual Bonds Up To Ten Percent Of Policyholders’ Surplus As Shown In The A.m. Best’s Key Rating Guide And Is Licensed In This State To Write Surety Bonds. 32. Payment/invoices: All Prospective Contractors Must Specify On Their Proposal Letter The Exact Company Name And Address Which Must Be The Same As Shown On Invoices Submitted For Payment. Contract Payments Shall Be Made In Arrears Within Fifteen (15) Days After Approval Of A Billing Statement For Actual Work Done By The Contractor(s). All Billing Statements Or Invoices Submitted For Payment Shall Be Original And Should Be Sent To City Of Walker At The Following Address: P.o. Box 217, Walker, La 70785 Billing Statements Or Invoices Should Include Company Name And Address, Locations Of Where Work Has Been Performed, Reconciliation Sheets For Each Day’s Work, And Support Documentation As Required. Payment Of Contractor By City Of Walker Is Contingent Upon The City Of Walker Being Reimbursed By Any Private Insurance Company, Local, State Or Federal Government Agency. The Successful Contractor Will Be Responsible For All Work And/or Debris Deemed Ineligible. In Order For Both Parties Herein To Close Their Books And Records, The Contractor Will Clearly State “final Invoice” On The Contractor’s Final/last Billing To The City Of Walker. This Certifies That All Services Have Been Properly Performed And All Charges And Costs Have Been Invoiced To The City Of Walker. Invoices Submitted For Payment Shall Be Accompanied By An Electronic Worksheet, In Microsoft Excel Format, Which Includes Information Contained In The Approved Worksheets And/or Debris Ticket. The Final Format Of The Daily Worksheet And Information To Be Contained Will Be Approved And Agreed Upon By The Contractor And The Contract Administrator. Any Discrepancies Between The Owner’s Records And The Contractor's Submittals Must Be Rectified, To Owner’s Satisfaction, By The Contractor, Before Payment On Those Items Will Be Made By The Owner. Contractor Shall Computerize All Tickets Daily And Present To The Owner As A Summary Reconciliation Document Within (48) Hours Of The Daily Completion Of The Work. Contractor Shall Note That Thousands To Tens Of Thousands Of Tickets May Be Produced Per Day And Contractors Plans And Computer Program Must Encompass Such Potential Volumes. Contractor Should Provide Sample Forms And Program Formats; Describe Their Data Processing Experience, Their Data Management Center (if Any), Their Data Management Programs And Procedures, And Their Key Data Management Personnel In Their Proposal. Owner And Contractor Shall Meet Daily (within 48 Hours Of The Issuance Of The Tickets) To Reconcile Tickets And Work Performed. Contractor Shall Revise The Computerized Reconciliation Sheets With Any Corrections Discovered And Re-present A Corrected Daily Reconciliation Sheet To The Owner For Signature Within Twenty-four (24) Hours Thereafter. Both The Owner And The Contractor Shall Execute Each Daily Reconciliation Sheet After Being Verified As Correct. Such Daily Reconciliation Sheets Shall Then Become The Basis For Billing Documentation. 33. Records And Right To Audit: The Contractor Shall Maintain Adequate Records, Documents, And Information To Justify All Charges, Expenses And Costs Incurred In Performing The Work For At Least Five (5) Years After Completion Of This Contract. The Owner Shall Have Access To Such Books, Records, And Documents As Required In This Section For The Purpose Of Inspection, Reproduction, Audit, And/or During Normal Business Hours, At The Owner’s Expense, Upon Five (5) Days Prior Written Notice. 34. Safety: The Contractor Shall Take Reasonable Precautions For The Safety Of, And Shall Provide All Reasonable Protection To Prevent Damage, Injury Or Loss To, Its Employees On The Job, And Others. The Contractor Shall Comply With All Applicable Provisions Of Federal, State, And Municipal Safety Laws, Insurance Requirements, Standard Industry Practices, The Requirements Of The Operations And This Contract. The Contractor, Directly Or Through Its Subcontractors, Shall Erect And Properly Maintain At All Times, As Required By The Conditions And Progress Of The Work, Necessary Safeguards For The Safety And Protection Of The Public, Including Securing Areas, Posting Danger Signs, Placarding, Labeling, Or Posting Other Forms Of Warning Against Hazards. When Use Of Hazardous Materials Or Equipment Or Unusual Methods Are Necessary For Execution Of The Work, Or When The Work Includes The Cleanup, Remediation, And/or Removal Of Bio-solids, Bio-hazardous Waste, Or Any Hazardous Or Toxic Materials, Trash Debris, Refuse, Or Waste, The Contractor, Its Subcontractor(s) And Their Employees Shall Be Trained And Certified As Required In The Proper Handling, Use And Care Of Equipment, Materials, And Hazardous Operations, And Shall Exercise The Utmost Care And Perform Such Activities Under The Supervision Of Properly Qualified And/or Competent Personnel. 35. Insurance Requirements: A. Prior To The Time Contractor Is Entitled To Commence Any Part Of The Project, Work Or Services, Contractor Shall Procure, Pay For, And Maintain At Minimum The Following Insurance Coverages With The Stated Limits Or Greater. Said Insurance Shall Be Evidenced By Delivery To The Owner Of (1) Certificates Of Insurance Executed By The Insurers Listing Coverage’s And Limits, Expiration Dates And Terms Of Policies And All Endorsements Whether Or Not Required By The Owner, And Listing All Carriers Issuing Said Policies; And (2) Upon Request A Certified Copy Of Each Policy, Including All Endorsements. The Insurance Requirements Shall Remain In Effect Throughout The Term Of This Contract And Any Additional Extensions. In Addition, The Owner Reserves The Right To Request Physical Evidence Of This Coverage By Requesting The Policy Declaration Page, And/or An Estopped From The Agent And/or Company Verifying The Coverage Is And/or Has Been Continually In Effect. The Contractor Shall Secure And Maintain, At Its Sole Cost And Expense During The Contract Term And Any Subsequent Extensions, The Following Insurance: 1. Commercial General Liability - In The Amount Of Five Million Dollars ($5,000,000.00) Aggregate/one Million Dollars ($1,000,000.00) Per Occurrence. The General Aggregate Limit Shall Either Apply Separately To The Resulting Contractor Or Shall Be At Least Twice The Required Occurrence Limit. 2. Comprehensive Automobile And Water Vehicle Liability - Covering Any Automotive Equipment To Be Used In Performance Of The Service, With A Minimum Limit In The Amount Of One Million Dollars ($1,000,000.00) Per Occurrence Combined Single Limit / Any Automobile Physical Damage Insurance Covering Owned Or Rented Machinery, Tools, Equipment, Office Trailers, And Vehicles. 3. Worker's Compensation - Proposer Shall Provide A Policy With Employer’s Liability Coverage With Limits Of Not Less Than One Million Dollars ($1,000,000.00) Per Occurrence For Each Accident Or Illness. The Worker’s Compensation Policy Shall State That It Cannot Be Cancelled Or Materially Changed Without First Giving Thirty (30) Days Prior Notice Thereof In Writing To The Owner. Firms That Have Owner/operators That Have Filed A "notice Of Election To Be Exempt" Shall Supply A Signed Copy Of Said Notice. Any Such Exemption Shall Meet The Requirements That Qualify For An Exemption Under The Applicable Worker’s Compensation Law. B. Conditions: Each Insurance Policy Shall Include The Following Conditions By Endorsement To The Policy: 1. Each Policy Shall Require That Thirty (30) Days Prior To Expiration, Cancellation, Nonrenewal Or Any Material Change In Coverage’s Or Limits, A Notice Thereof Shall Be Given To The Owner By Certified Mail To: Contractor Shall Also Notify The Owner, In A Like Manner, Within Twenty-four (24) Hours After Receipt, Of Any Notices Of Expiration, Cancellation, Non-renewal, Or Material Change In Coverage Received By Said Contractor From Its Insurer; And Nothing Contained Herein Shall Absolve The Contractor Of This Requirement To Provide Notice. 2. Companies Issuing The Insurance Policy, Or Policies, Shall Have No Recourse Against The Owner For Payment Of Premiums. 3. The Term "owner" Shall Include All Authorities, Boards, Bureaus, Commissions, Divisions, Departments, And Offices Of The City Of Walker And Individual Members, Elected Officials, Employees Thereof In Their Official Capacities, And/or While Acting On Behalf Of The Owner. 4. Owner Shall Be Named As An Additionally Insured On All Policies Of Insurance. The Policy Clause "other Insurance" Shall Not Apply To Any Insurance Coverage Currently Held By The Owner To Any Such Future Coverage, Or To The Owner’s Self-insured Retentions As, If Any, Of Whatever Nature. C. Subrogation: Contractor Hereby Waives Subrogation Rights For Loss Or Damage Against The Owner. 36. Liquidated Damages: Failure Of The Contractor To Comply With The Requirements Set Forth In The Notice To Proceed May Be Subject, At The Owner’s Discretion, To Liquidated Damages In The Amount Of $1,000.00 Per Day, Per Unaccounted For Item Listed In The Notice To Proceed. This May Include Equipment, Personnel, Timeframe To Begin, Etc. 37. Public Entity Crimes: All Proposers Are Hereby Notified That A Person Or Affiliate, Who Has Been Placed On The Convicted Vendor List, Or The Federal Suspension And/or Debarment List, May Not Submit A Proposal Under This Request For Proposal. By Submitting This Proposal, The Proposal Contractor Certifies They Are Not Suspended Or Debarred Nor Does Their Submittal Violate The Provisions Of This Paragraph. 38. Conflict Of Interest: The Contractor Shall Promptly Notify The Contract Administrator, In Writing, By Certified Mail, Of All Potential Conflicts Of Interest For Any Prospective Business Association, Interest, Or Other Circumstance, Which May Influence Or Appear To Influence The Contractor's Judgment Or Quality Of Services Being Provided Hereunder. Such Written Notification Shall Identify The Prospective Business Association, Interest, Or Circumstance, The Nature Of Work That Such Person May Undertake, And Request An Opinion Of The Owner As To Whether The Association, Interest, Or Circumstance Would, In The Opinion Of The Owner, Constitute A Conflict Of Interest. The Owner Shall Respond To Such Notification By Certified Mail Within Thirty (30) Days. By Submitting This Proposal, The Contractor Certifies That They Have No Conflict With Any Employee, Agent, Elected Official Or Officer Of Owner, Nor Any Other Conflict As May Be Set Forth Herein. 39. Collusion: More Than One Proposal From An Individual, Firm, Partnership, Corporation, Association And/or Related Parties Under The Same Or Different Names Will Not Be Considered. If The Owner Believes That Collusion Exists Among Proposers, All Proposals From The Suspect Firms Will Be Rejected. Related Parties Mean Prospective Contractors Or The Principals Thereof, Which Have A Direct Or Indirect Ownership And/or Profit-sharing Interest In Another Prospective Contractor Or Pro-proposer. Prospective Contractors Shall Comply With All Local, State, And Federal Directives, Orders, And Laws As Applicable To This Rfp And All Resulting Contract(s). Prospective Contractors, By Responding To This Rfp, Certify That Such Response Is Made Without Previous Understanding, Agreement, Or Connection With Any Person, Firm, Or Corporation Making A Proposal For The Same Item(s) And Is In All Respects Fair, Without Outside Control, Collusion, Fraud, Or Otherwise Illegal Action. 40. Protest Procedure: A. Proposal Protests. Any Actual Or Prospective Bidder/proposer, Who Is Allegedly Aggrieved In Connection With The Issuance Of A Proposal Package Or Pending Award Of A Contract, May Protest To The Owner. B. Requirements To Protest: A) If The Protest Relates To The Content Of The Bid/proposal Package, A Formal Written Protest Must Be Filed No Later Than 5:00 Pm On The Fifth Full Business Day After Issuance Of The Proposal Package. B) If The Protest Relates To The Award Of A Contract, A Formal Written Protest Must Be Filed No Later Than 5:00 Pm On The Fifth Business Day After The Posting Of Either The Contract Award Recommendation Or The Contract Award Itself. The Formal Written Protest Shall Identify The Protesting Party And The Solicitation Involved; Include A Clear Statement Of The Grounds On Which The Protest Is Based; Refer To The Statutes, Laws, Ordinances, Or Other Legal Authorities Which The Protesting Party Deems Applicable To Such Grounds; And Specifically Request The Relief To Which The Protesting Party Deems Itself Entitled By Application Of Such Authorities To Such Grounds. C) A Formal Writte