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EMERGENCY DEBRIS CLEARING AND REMOVAL OPERATIONS
RFP SPECIFICATIONS
RFP No. 08-07-01
Publish Date:
July 15,2008
Mandatory Pre-Proposal Conference:
Tuesday, July 29, 2008 at 10:00 A.M.
Proposal Due and Proposal Opening Date:
Tuesday, August 12, 2008 at 10:00 A.M.
Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
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SECTION 1
TABLE OF CONTENTS
Table of Contents
Legal Advertisement/Notice to Proposer
Instructions to Proposer
General Conditions
Project Description and Requirements
Processing of Statement of Services/Invoices
Proposal Response Sheet / Qualifications / Fee Schedule Form
Bid Bond
Proposer Qualifier Statement
Non-Collusive Affidavit
Public Entity Crimes
Notice of Award
Draft Agreement
Notice to Proceed
Form of Payment Bond
Form of Performance Bond
Acknowledgement of Conformance with OSHA Standards
Equal Opportunity / Affirmative Action Statement
Conflict of Interest Statement
Dispute Disclosure Form
Anti-Kickback Affidavit
Proposal Checklist
Required Contract Provisions Federal-Aid Construction Contract
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Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Section 21
Section 22
Section 23
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Page 3
Page 4
Page 10
Page 23
Page 36
Page 37
Page 50
Page 52
Page 57
Page 58
Page 61
Page 62
Page 67
Page 68
Page 71
Page 74
Page 75
Page 76
Page 77
Page 78
Page 79
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SECTION 2
LEGAL ADVERTISEMENT
NOTICE TO PROPOSER
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed RFPs for the following work as
specified.
EMERGENCY DEBRIS CLEARING AND REMOVAL OPERATIONS
Request for Proposal No. 08-07-01
The Specifications for this Request for Proposal are available from DemandStar by calling (800) 711-1712 or by
accessing their website at www.demandstar.com. The RFP Specifications may also be examined at the City of
Sunny Isles Beach - Office of the City Clerk. Vendors who obtain the RFP Specifications from sources other than
DemandStar or the City of Sunny Isles Beach are cautioned that their RFP response package may be incomplete.
Addenda will be posted and disseminated by DemandStar at least five days prior to the submittal date to all vendors
who are listed on the official list. The City may not accept incomplete proposals.
Proposals shall be on a unit price basis; segregated proposals will not be accepted. Sealed proposals will be
received by the City Clerk no later than 10:00 A.M., on August 12, 2008 at the Sunny Isles Beach Government
Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160. RFPs received after this time
will not be considered. The City is under no obligation to return proposals. The envelope containing the sealed
proposals must be clearly marked:
"IMPORTANT, PROPOSAL ENCLOSED"
RFP No. 08-07-01
EMERGENCY DEBRIS CLEARING AND REMOVAL OPERATIONS
OPENING DATE AND TIME: August 12, 2008 at 10:00 AM
A security deposit in the amount of five percent (5%) of the TOTAL PROPOSAL PRICE must accompany the
proposal in accordance with the Instructions to Proposer (Section 3).
A MANDATORY Pre-Proposal Conference for all potential Proposers is set for 10:00 A.M. on July 29,2008 in
the First Floor Conference Room at the City of Sunny Isles Beach Governmental Center located at 18070 Collins
Avenue, Sunny Isles Beach, Florida 33160.
The contract will be awarded by the City to the lowest responsible and responsive proposer whose proposal best
serves the interests of, and represents the best value to, the City pursuant to the criteria set forth in Section 62-8 of
the City Code. Price is only a factor in determining the lowest responsible and responsive proposer.
The City reserves the right to reject any or all proposals, with or without cause, to waive technical errors and
informalities, and to accept the proposal, which best serves the interest of the City.
All questions regarding RFP No. 08-07-01 are to be directed in writing to Rick Conner, Engineering & Public Works
Director, using email address:rconner@sibfl.net. Any questions or clarifications concerning the proposal
specifications must be made to Rick Conner - Engineering & Public Works Director, in writing, at least seven (7)
business days prior to the date of the proposal opening.
Jane Hines, CMC, City Clerk
City of Sunny Isles Beach
Publish Date: July 15, 2008
END OF SECTION
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SECTION 3
INSTRUCTIONS TO PROPOSERS
TO ENSURE ACCEPTANCE OF YOUR RFP, PLEASE FOllOW THESE INSTRUCTIONS:
3.1. Purpose of Proposal: The City of Sunny Isles Beach (the "City") intends to secure the services of a
qualified firm experienced in providing a full range of disaster recovery services relative to Emergency Debris
Clearance and Removal Operations for three (3) years with an option of two (2)mutually agreeable renewals of one
(1) year each (i.e. base contract of three (3) years + one (1) option of one (1) year + one (1) option of one (1) year =
five (5) years total). It is the intent of this proposal document that all work shall result in compliance with the
specifications, documents, and all regulatory requirements applicable to such project. It is the intent of the City to
award this contract to the lowest responsible and responsive proposer whose proposal best serves the interests of,
and represents the best value to, the City pursuant to the criteria set forth in Section 62-8 of the City Code. Price is
only a factor in determining the lowest responsible and responsive proposer.
3.2. Pre-Proposal Conference: A mandatory Pre-Proposal Conference is scheduled for the time and location
shown in Section 2. It is mandatory that all Proposers attend the Pre-Proposal conference. Proposals will not be
accepted from Proposers who did not attend the Pre-Proposal conference. No pleas of ignorance by the Proposer of
conditions that exist, or that may hereinafter exist as a result of failure to make the necessary examinations or
investigations or failure to fulfill in every detail the requirements of the contract documents, will be accepted as basis
for varying the requirements of the City or the compensation of the Proposer.
3.3. Clarification/Explanation/Questions: Any questions concerning the Proposal Specifications or any
required need for clarification must be made to Rick Conner - Engineering & Public Works Director, in writing, at least
seven (7) business days prior to the date of the Proposal opening. Interpretations or clarifications considered
necessary by Rick Conner, Engineering & Public Works Director, in response to such questions will be issued by
addenda and posted/disseminated by DemandStar (www.demandstar.com) to all parties listed on the official plan
holders' list as having received the Proposal documents. Only questions answered by written addenda shall be
binding. Oral interpretations or clarifications shall be without legal effect. No plea of ignorance or delay or required
need of additional information shall exempt a Proposer from submitting their Proposal on the required date and time
as publicly noted.
3.4. Planholder's List: As a convenience to vendors, the City of Sunny Isles Beach has made available via
internet lists of all plan holders for each request for proposal, and request for qualifications. The information is
available on-line at www.demandstar.com or by calling the Office of the City Clerk at (305) 792-1703.
3.5. Addenda to Specifications: If any addenda are issued after the initial specifications are released, the City
will post and disseminate the addenda through DemandStar. For those projects with separate plans, blue prints, or
other materials that cannot be accessed through the internet, the Office of the City Clerk will make good faith effort to
ensure that all registered Proposers (those who have been registered as receiving a RFP package) receive the
documents. It is the responsibility of the vendor prior to the submission of any RFP to check the above website or
contact the Office of the City Clerk at (305) 792-1703 to verify any addenda issued. The receipt of all addenda must
be acknowledged on the RFP Response Sheet (Section 7).
3.6. Special Accommodations: Any person requiring a special accommodation at a Pre-Proposal Conference
or RFP opening because of a disability should call the Office of the City Clerk at (305) 792-1703 at lease five (5) days
prior to the Pre-Proposal Conference or RFP opening. If you are hearing or speech impaired, please contact the
Office of the City Clerk by calling the City using the Florida Relay Service which can be reached at 1 (800) 955-8771
(TDD).
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3.7. Public Entity Crimes Statement: Pursuant to the provisions of paragraph (2) (a) of section 287.133,
Florida statutes -"a person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime following a conviction for a public entity crime 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
to perform work as a Contractor, supplier, sub-Contractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in section 287.107, for
category two for a period of 36 months from the date of being placed on the convicted vendor list".
3.8. RFP Deadline: RFPs must be submitted no later than the time and date shown in Section 2 of this
document.
3.9. Sealed RFP: The entire RFP Response Package shall be placed in an opaque envelope (with all items
listed on the RFP checklist form (Section 22) and all other items required within this RFP must be executed) and
submitted in a sealed envelope. Address your sealed envelope as follows:
IMPORTANT, REQUEST FOR PROPOSAL SUBMISSION ENCLOSED
RFP No. 08-07-01
City of Sunny Isles Beach - Office of the City Clerk - Fourth Floor
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Proposers shall use the RFP forms furnished in this RFP. Failure to do so may cause the RFP to be rejected.
Proposer shall deliver to the City, as RFP Submission: RFP No. 08-07-01.
3.9.1 RFP Response Sheet and Forms: One (1) original and four (4) copies of all RFP forms and other requested
information on the proper forms and in the manner herein prescribed.
3.9.2 Security/Bonding Requirements: Security in the form of a cashier's check or approved Bid Bond in the
amount of five percent (5%) of the total amount of the base fee proposal must be attached to the front inside
cover of the RFP Specifications. A company or personal check shall not be deemed a valid Security.
3.9.3 Certificates of Competencies/Licenses/Local Business Tax Receipt: Copies of all Certificates of
Competencies, Licenses, and Local Business Tax Receipt.
3.9.4 Certificate(s) Of Insurance(s): Copies of all Certificates of Insurance naming the City as an additional
insured in the amounts specified in the Contract.
3.10. RFP Execution, Signatures, Erasure/Correction: All RFPs shall be signed in blue ink. All price quotes
shall be typewritten or printed with ink. All corrections made by the Proposer prior to the opening must be initialed
and dated by the Proposer. No changes or corrections will be allowed after proposals are opened. Proposals must
contain an original, manual signature of an authorized representative of the company.
3.11. Withdrawal of RFPs: Proposers may withdraw their proposals only by written request and shall forward the
withdrawal request via "Certified U.S. Mail - Return Receipt Requested" prior to the RFP opening time. Negligence
on the part of the Proposer in preparing the proposal confers no right for the withdrawal of the proposal after it has
been opened.
3.12. RFP Opening: Proposals will be opened publicly at the time and place stated in the Notice to Proposers. It
is the responsibility of the Proposer to ensure that the proposal reaches the Office of the City Clerk on or before the
closing hour and date stated on the RFP. After the RFP opening, the contents of the RFP form will be made public for
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the information of vendors and other interested parties who may be present either in person or by representative.
Proposals that are received after the RFP opening time will not be considered and will not be returned.
3.13. Evaluation of RFPs: The City, at its sole discretion, reserves the right to inspect any/all Proposer's facilities
to determine their capability of meeting the requirements for the Contract. In accordance with Section 62.8 of the
City Code, the following factors including price, responsibility, and responsiveness of the Proposer, the financial
position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with
other units of state, and/or local governments in Florida, or comparable private entities, will be taken into
consideration in the Award of the Contract.
3.13.1. Hold Harmless: All Proposers shall hold the City, its officials and employees harmless and covenant not to
sue the City, its officials and employees in reference to their decisions to reject, award, or not award a RFP,
as applicable.
3.13.2. Cancellation: Failure on the part of the Proposer to comply with the conditions, specifications,
requirements, and terms as determined by the City, shall be just cause for cancellation of the Award.
3.13.3. Disputes: If any dispute concerning a question of fact arises under the Contract, other than termination for
default or convenience, the Contractor and the City department responsible for the administration of the
Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by
agreement, then the department with the advice of the City Attorney shall resolve the dispute and send a
written copy of its decision to the Contractor, which shall be binding on both parties.
3.14. Award of RFPs: The City will review the Proposals based on price, the capacity, ability and skill of the
Proposer to perform the work, the past performance of the Proposer, and the proximity of the Proposer's facilities to
the City. The City reserves the right to accept or reject any and/or all Proposals, to waive any informality,
irregularities, or technicalities, to re-advertise for RFPs, or take any other actions that may be deemed to be in the
best interests of the City. The City also reserves the right to award the Contract on a split order basis, group by
group, or item by item, or such combination as will best serve the interests of the City, unless otherwise stated. The
City also reserves the right to waive minor variations to the specifications (interpretation of such to be made by the
applicable department personnel). In addition, each Proposer agrees to waive any claim it has or may have against
the City, and the respective employees, arising out of or in connection with the administration, evaluation, or
recommendation of any RFP. Final determination and award of RFP(s) shall be made by the City Commission.
Notice of intended award is provided through an agenda item to the City of Sunny Isles Beach Commission
containing a recommendation of award. The agenda for each meeting of the City of Sunny Isles Beach Commission
is available on the City website at www.sibfl.net.
3.15. Agreement: After the RFP award, the City will, at its option, prepare an Agreement specifying the terms and
conditions resulting from the award of this RFP. Procurement of contractual services shall be evidenced by a written
Agreement in substantially the same form as the Agreement incorporated herein as Section 13. The vendor will have
ten (10) calendar days after notification of the award by the City to execute the Agreement and provide the required
Performance Bond and Payment Bond. The Proposer who has the Contract awarded to them and who fails to
execute the Agreement and furnish the Performance and Payment Bonds and Insurance Certificates within the
specified time shall forfeit the RFP Security that accompanied their Proposal and the Security shall be retained as
liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will
sustain in case the Proposer fails to enter into the Contract and furnish the Bonds as herein before provided. The
Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the
same requirements as a Bid Bond. The performance of the City of any of its obligations under the agreement shall
be subject to and contingent upon the availability of funds lawfully expendable for the purposes of the agreement for
the current and any future periods provided for within the RFP specifications.
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3.16. Performance and Payment Bond: The City shall require the successful Proposer to furnish a Performance
Bond and Payment Bond, each, in the amount of 100% of the total Proposal Price, with the City of Sunny Isles Beach
as the Obligee, as security for the faithful performance of the Contract and for the payment of all persons performing
labor or furnishing materials in connection herewith within ten (10) calendar days after notification of the award by the
City. The bonds shall be with a surety company authorized to do business in the State of Florida.
3.17. Price, Terms, and Conditions: Proposer warrants that the Proposal will be firm for a period of ninety (90)
days from the date of the RFP opening unless otherwise stated in the RFP Form. Incomplete, unresponsive,
irresponsible, vague, or ambiguous responses to the RFP will be cause for rejection, as determined by the City.
Prices should be stated in units of quantity specified in the RFP Form. In case of a discrepancy, the City reserves the
right to make the final determination at the lowest net cost to the City. Proposers are expected to examine the
specifications, delivery schedule, Proposal prices and extensions and all general and special conditions of the RFP
prior to the submission. In case of an error in price extension, the unit price(s) will govern. Proposers are responsible
for checking their calculations. Failure to do so will be at the Proposer's risk, and errors will not release the Proposer
from their responsibility as noted herein.
3.18. Independent Contractor Status: The contractor shall at all times, relevant to this contract, be an
independent contractor and in no event shall the Contractor nor any employees or sub-contractors under it be
considered to be employees of the City.
3.19. Payments: Payment will be made after commodities/services have been received, accepted, and properly
invoiced as indicated in the contract and/or purchase order. Invoices must bear the purchase order number.
3.20. Quantity Guaranty: No guarantee or warranty is given or implied by the City as to the total amount that
mayor may not be purchased from any resulting Contract or Award. These quantities are for proposal purposes only
and will be used for tabulation and presentation of the RFP. The City reserves the right to increase or decrease
quantities as required, even significantly. The prices offered herein and the percentage rate of discount applies to
other representative items not listed in this RFP.
3.21. Delivery: All items shall be delivered f.o.b. destination (Le. at a specific City of Sunny Isles Beach address),
and delivery costs and charges (if any) will be included in the Fee Price. Exceptions shall be noted. When practical,
the City may make pick-ups at the vendor's place of business when specifically approved by the City.
3.22. Safety Standards: The Proposer warrants that the product(s) supplied to the City conforms in all respects
to the standards set forth in the occupational safety and health act (OSHA) and its amendments. Proposals must be
accompanied by a materials data safety sheet (MSDS) when applicable.
3.23. Warranties: Successful Proposer shall act as agent for the City in the follow-up and compliance of all items
under Warranty/Guarantee and complete all forms for Warranty/Guarantee coverage under this Contract. Proposer
warrants by signature on the RFP Form that prices quoted here are in conformity with the latest Federal Price
Guidelines.
3.24. Local Business Tax (Occupational License Registration): The contractor shall be responsible for
obtaining and maintaining throughout the contract period his or her city and county local business tax receipts. Each
vendor submitting a proposal shall include a copy of the company's local business tax/occupationallicense(s) with
the RFP response. For information specific to City of Sunny Isles Beach local business tax/occupational licenses,
please call Code Enforcement & Licensing at (305) 792-1705. If the contractor is operating under a fictitious name as
defined in Section 865.059, Florida Statutes, proof of current registration with the Florida Secretary of State shall be
submitted with the RFP. A business formed by an attorney actively licensed to practice law in this state, by a person
actively licensed by the Department of Business and Professional Regulations or the Department of Health for the
purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity
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that is actively organized or registered with the Department of State shall submit a copy of the current licensing from
the appropriate agency and/or proof of current active status with the Division of Corporations of the State of Florida.
3.25. Liability, Insurance, Permits and Licenses: Proposer shall assume the full duty, obligation, and expense
of obtaining all necessary licenses, permits, inspections, and insurance required. The Proposer shall be liable for any
damages or loss to the City occasioned by negligence of the Proposer (or their agent) or any person the Proposer
has designated in the completion of their contract as a result of the RFP. Contractor shall be required to furnish a
copy of all licenses, certificates of competency or other licensor requirements necessary to practice their profession
as required by Florida State Statute, current building code, Miami-Dade County, and City of Sunny Isles Beach Code.
Contractors shall include current Miami-Dade County Certificates of Competency. These documents shall be
furnished to the City along with the RFP response. Failure to furnish these documents or to have required licenses
will be grounds for rejecting the Proposal and forfeiture of the Bid Bond.
3.26. Certificate(s) of Insurance: Proposer shall furnish to the Office of the City Clerk, City of Sunny Isles
Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, certificate(s) of insurance which indicate that
insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida
or otherwise secured in a manner satisfactory to the City, in an amount equal to 100% of the requirements as
outlined in the General Conditions section and shall be presented to the City prior to issuance of any Contract(s) or
Award(s) Document(s). .AII required insurances shall name the City of Sunny Isles Beach as additional insured.. It
shall be the responsibility of the Proposer and insurer to notify the finance support services director of the City of
Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the Proposer,
which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing,
and shall be submitted to the City finance support service director thirty (30) days prior to cancellation of such
policies. This requirement shall be reflected on the certificate of insurance. Failure to fully and satisfactorily comply
with the city's insurance and bonding requirements set forth herein will authorize the City to implement a rescission of
the RFP award without further City Commission action. The Proposer hereby holds the City harmless and agrees to
indemnify City and covenants not to sue the City by virtue of such rescission.
3.27. Assignment: The Contractor shall not transfer or assign the performance required by this RFP without prior
written consent of the City. Any award issued pursuant to the RFP and monies which may be due hereunder are not
assignable except with prior written approval of the City. Further, in the event that the majority ownership or control of
the Contractor changes hands subsequent to the award of this contract, Contractor shall promptly notify City in
writing (via United States Postal Service - Certified Mail, Return Receipt Requested) of such change in ownership or
control at least thirty (30) days prior to such change and City shall have the right to terminate the contract upon sixty
(60) days written notice, at City's sole discretion.
3.28. Hold Harmless/Indemnification: The Contractor shall indemnify, save harmless, and defend the City of
Sunny Isles Beach, it's officers, agents and employees from and against any claims, demands or causes of action of
whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, their
agents, servants or employees in the provision of goods or the performance of services pursuant to this RFP and / or
from any procurement decision of the City including without limitation, awarding the Contract to the Contractor.
3.29. Non-conformance to Contract: The City of Sunny Isles Beach may withhold acceptance of, or reject items
which are found upon examination, not to meet the specification requirements. Upon written notification of rejection,
items shall be removed within five (5) calendar days by the vendor at their own expense and redelivered at their
expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and the City shall
have the right to dispose of them as its own property. Rejection for non-conformance or failure to meet delivery
schedules may result in the Contractor being found in default.
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3.30. Default Provision: In case of default by the Proposer or Contractor, the City may procure the articles or
services from other sources and hold the Proposer or Contractor responsible for any excess costs occasioned or
incurred thereby.
3.31. Secondary/Other Vendors: The City reserves the right in the event the primary vendor cannot provide an
item(s) or service(s) in a timely manner as requested, to seek other sources without violating the intent of the
Contract.
3.32. Time of completion: The time of completion of the work to be performed under this contract is the essence
of the contract. Delays and extensions of time may be allowed only in accordance with the provisions stated in the
appropriate section of the general conditions. The time allowed for the completion of the work shall be stated in the
Contract.
END OF SECTION
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SECTION 4
GENERAL CONDITIONS
4.1. Definitions: Wherever used in these General Conditions or in the other Contract Documents, the following
terms shall have the meaning indicated which shall be applicable to both the singular and plural thereof:
Acceptance: Acceptance by the City of the Work as being fully complete in accordance with the Contract
Documents subject to waiver of claims.
Agreement: The written Agreement between the City and the Contractor covering the Work to be
performed, which includes the Contract Documents.
Addenda: Written or graphic instruments issued prior to the RFP Opening which modify or interpret the
Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or corrections.
Approved: Means approved by the City.
Fee Schedule: The offer or proposal of the Proposer submitted on the prescribed form setting forth the
prices for the Work to be performed.
Proposer: Any person, firm or corporation submitting a Proposal for Work.
Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the Contractor
and their surety in accordance with the Contract Documents and in accordance with the law of the State of
Florida.
Change Order: A written order to the Contractor signed by the City authorizing an addition, deletion or
revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of
the Agreement.
City: City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160.
Contract Documents: Contract Documents shall include Instructions to Proposers, Contractor's RFP, the
Bonds, the Notice of Award, these General Conditions, Special Conditions, the Technical Specifications,
Drawings and Modifications, Notice to Proceed, RFP, Insurance Certificates, Change Orders and
Acknowledgment of Conformance with the City of Sunny Isles Beach.
Contract Price: The total monies payable to the Contractor under the Contract Documents.
Contract Time: The number of calendar days stated in the Agreement for the completion of the Work.
Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the City's
governing body.
Contractor: The person, firm or corporation with whom the City has executed this Agreement.
Day: A calendar day of twenty-four hours measured from midnight to the next midnight.
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Notice of Award: The written notice by City to the apparent successful Proposer stating that upon
compliance with the conditions precedent to be fulfilled by him within the time specified, City will execute
and deliver the Agreement to him.
Notice to Proceed: A written notice given by City to Contractor fixing the date on which the Contract Time
will commence to run and on which Contractor shall start to perform their obligations under the Contract
Documents.
Project: The entire emergency Debris Clearing and Removal Operations to be performed as provided in the
Contract Documents.
Specifications: Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work.
Statement of Services: The form furnished by the City which is to be used by the Contractor in requesting
progress payments.
Sub-Contractor: An individual, firm or corporation having a direct contract with Contractor or with any other
Sub-Contractor for the performance of a part of the Work at the site.
Substantial Completion: The date as certified by the City when the performance of the Project or a
certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the
Project or specified part can be utilized for the purposes for which it was intended; or if there be no such
certification, the date when final payment is due.
Supplier: Any person or organization who supplies materials or equipment for the Work, including that
fabricated to a special design, but who does not perform labor at the site.
Surety: The corporate body which is bound with the Contractor and which engages to be responsible for the
Contractor and their acceptable performance of the Work.
Task Order: A written order issued by the City which clarifies or interprets the Contract Documents or
orders minor changes in the Work.
Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the
Project assigned to or undertaken by Contractor under the Contract Documents, including all labor,
materials, equipment and other incidentals, and the furnishing thereof.
Written Notice: The term "Notice" as used herein shall mean and include all written notices, demands,
instructions, claims, approvals and disapproval's required to obtain compliance with Contract requirements.
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or to an authorized
representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last
business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or
demand upon the City under this Contract shall be delivered to the City.
4.2. RFP Award: The City reserves the right to reject any and all Proposals at its sole discretion. In accordance
with the criteria set forth in Section 62.8 of the City Code, a contract will be awarded by the City after the City
performs all necessary searches, inquiries, exploration, and analysis of the Proposals, and award the contract to the
proposer it considers most favorable to the City's interests and represents the best value to the City. No Notice of
Award will be given until the City has concluded any investigation(s) as they deem necessary to establish the
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Proposer's capability to perform the Emergency Debris Clearing and Removal Operations as described in this RFP,
as substantiated by the required professional experience, client references, technical knowledge and qualifications;
and sufficient labor and equipment to comply with the City's Debris Management Plan, as well as the financial
capability of the Proposer to perform the Work in accordance with the Contract Documents to the satisfaction of the
City within the time prescribed. The City reserves the right to reject the Proposal of any Proposer on the basis of
these queries and investigations and who does not meet the City's satisfaction, even though the firm may possibly be
the apparent lowest dollars and cents Proposer. In analyzing Proposals, the City will also take into consideration
client references, past work experience and work product, proven ability to satisfactorily perform Emergency Debris
Clearing and Removal Operations if requested by the RFP forms. If the Contract is awarded, the City will issue the
Notice of Award and give the successful Proposer a Contract for execution within ninety (90) days after opening of
Proposals. The City specifically reserves the right to award the Contract to a Proposer who is not necessarily the
lowest dollars and cents Proposer on the basis of the results of these queries and investigations and in accordance
with the criteria set forth in Section 62.8 of the City Code..
4.3. Execution of Agreement: At least four (4) counterparts of the Agreement (in substantially the same form
as the Agreement attached hereto as Section 13) the Performance and Payment Bond, the Certificates of Insurance
and such other Documents as required by the Contract Documents shall be executed and delivered by Contractor to
the City within ten (10) calendar days of receipt of the Notice of Award.
4.4. Forfeiture of RFP Security, Performance and Payment Bond: Within ten (10) calendar days of being
notified of the award, Contractor shall furnish an executed agreement (in substantially the same form as the
Agreement attached hereto as Section 13) and attach a Performance Bond and a Payment Bond (containing all the
provisions of the Performance Bond and Payment Bond herein). Each Bond shall be in the amount of one hundred
percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in
such Contract as well as full payment of all suppliers, material, laborers, or Sub-Contractors employed pursuant to
this Project. Each Bond shall be with a Surety company meeting the qualifications of this document. Each Bond shall
continue in effect for one and one half years after final completion and acceptance of the Work with the liability equal
to one hundred percent (100%) of the Contract Sum. The Performance Bond shall be conditioned that Contractor will,
upon notification by City, correct any defective or faulty Work or materials which appear within one and one half years
after final completion of the Contract. Pursuant to the requirements of Section 255.05(1), Florida Statutes, Contractor
shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County and
provide City with evidence of such recording.
4.4.1. Each Bond must be executed by a Surety company authorized to do business in the State of Florida as a
surety, having a resident agent in the State of Florida and having been in business with a record of
successful continuous operation for at least five (5) years.
4.4.2. The Surety company shall hold a current certificate of authority as acceptable surety on federal bonds in
accordance with the United States Department of Treasury Circular 570, current Revisions.
4.4.3. The City will accept a surety bond from a company with a rating B+ or better.
4.4.4. Failure of the successful Proposer to execute and deliver the Agreement and deliver the required bonds and
Insurance Certificates as stipulated in paragraph 4.3 shall be cause for the City to annul the Notice of Award
and declare the Proposal and any security therefore forfeited.
4.5. Contractor's Pre-Start Representation: Contractor represents that they have familiarized themselves with,
and assumes full responsibility for having familiarized themselves with the nature and extent of the Contract
Documents, Work, locality, and with all local conditions and federal, State and local laws, ordinances, rules and
regulations that may in any manner affect performance of the Work, and represents that they have correlated their
study and observations with the requirements of the Contract Documents. Contractor also represents that they have
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studied all surveys and investigations reports of subsurface and latent physical conditions referred to in the
specifications and made such additional surveys and investigations as they deem necessary for the performance of
the Work in the Contract Documents and that they have correlated the results of all such data with the requirements
of the Contract Documents.
4.6. Commencement of Contract Time: The Contract Time will commence to run on the date stated in the
Notice of Award (Section 12).
4.7. Starting the Project: Contractor shall start to perform their obligations under the Contract Documents on
the date when the Contract Time commences to run. No Work shall be done prior to the date on which the Contract
Time commences to run, except with the written consent of the City.
4.8. Before Starting Contract: Before undertaking each part of the Work, Contractor shall carefully study and
compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field
estimates. They shall at once report in writing to City any conflict, error, or discrepancy which they may discover;
however, they shall not be liable to City for their failure to discover any conflict, error, or discrepancy in the
Specifications.
4.9. Pre-Start Meeting: Within five (5) days after delivery of the executed Agreement by City to Contractor, but
before starting the Work at the site, a Pre-Start conference will be held to review the above schedules, and for
processing Statement of Services, and to establish a working understanding between the parties as to the Project.
Present at the conference will be the City representative and the Contractor.
4.10. Correlation, Interpretation, and Intent of Contract Documents: It is the intent of the Specifications to
describe a complete Project to be delivered in accordance with the Contract Documents. The Contract Documents
comprise the entire Agreement between the City and the Contractor. They may be altered only by a Modification. The
Contract Documents are complementary; what is called for by one is as binding as if called for by all. If Contractor
finds a conflict, error or discrepancy in the Contract Documents, they shall call it to the City's attention in writing at
once and before proceeding with the Work affected thereby. The various Contract Documents shall be given
precedence in case of conflict, error or discrepancy, as follows: Change Orders, Supplemental General Conditions,
Agreement Modifications, Addenda, Special Conditions, Instructions to Proposers, General Conditions, and
Specifications. If the requirements of other Contract Documents are more stringent than those of the Supplemental
General Conditions, the more stringent requirements shall apply. The Work of all trades under this Contract shall be
coordinated by the Contractor in such manner as to obtain the best workmanship possible for the entire Project, and
all components of the Work shall completed in accordance with the best practices of the particular trade.
4.11. Availability of Lands: The City will furnish, as indicated in the Contract Documents, any lands upon which
the Work is to be done, public rights-of-way for access thereto, and such other lands which are designed for the use
of the Contractor as applicable or available.
4.12. Contractor's Liability Insurance: Contractor shall provide and maintain in force until all the Work to be
performed under this Contract has been completed and accepted by City (or for such duration as is otherwise
specified hereinafter), the insurance coverage set forth:
4.12.1. Worker's Compensation insurance at the statutory amount to apply for all employees in compliance with the
"Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy
(ies) must include: Employers' Liability at the statutory coverage amount. The Contractor shall further insure
that all of its Sub-Contractors maintain appropriate levels of worker's compensation insurance.
4.12.2. Comprehensive General Liability with minimum limits of Five Million Dollars (5,000,000) per occurrence
combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on
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a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office, and must include:
4.12.2.1 Premises and Operation
4.12.2.2 Independent Contractors
4.12.2.3. Products and/or Completed Operations Hazard
4.12.2.4. Explosion, Collapse and Underground Hazard Coverage
4.12.2.5. Broad Form Property Damaged
4.12.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement.
4.12.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum
limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
4.12.3. Business Automobile Liability with minimum limits of One Million Dollars (1,000,000.00) per occurrence
combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on
a form no more restrictive than the latest edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office, and must include:
4.12.3.1 Owned Vehicles;
4.12.3.2 Hired and Non-Owned Vehicles;
4.12.3.3 Employers' Non-Ownership.
4.12.4. Before starting the Work, the Contractor will file and make sure that all certificates of insurance required by
this document and by the Contract are in the City's possession. These certificates shall contain a provision
that the coverage afforded under the policies will not be canceled or materially changed until at least thirty
(30) days prior written notice has been given to the City by certified mail. The City shall be named as an
additional insured on the above-referenced policies.
4.12.5. The Contractor agrees that if any part of the Work under the Contract is sublet, they will require the Sub-
Contractor(s) to carry insurance as required, and that they will require the Sub-Contractor(s) to furnish to
them insurance certificates similar to those required by the City in this section.
4.13. Cancellation and Re-Insurance: If any insurance should be canceled or changed by the insurance
company or should any insurance expire during the period of this contract, the Contractor shall be responsible for
securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the
life of this Contract. All deductibles must be declared by the Contractor and must be approved by the City. At the
option of the City, either the Contractor shall eliminate or reduce such deductible or the Contractor shall procure a
Bond, in a form satisfactory to the City, covering the same.
4.14. Contractor's Responsibility: The Contractor shall have the following responsibilities:
4.14.1. The Contractor will not employ any Sub-Contractor, against whom the City may have reasonable objection,
nor will the Contractor be required to employ any Sub-Contractor who has been accepted by the City,
unless the City determines that there is good cause for doing so.
4.14.2. The Contractor shall be fully responsible for all acts and omissions of their Sub-Contractors and of persons
and organizations directly or indirectly employed by them and of persons and organizations for whose acts
any of them may be liable to the same extent that they are responsible for the acts and omissions of
persons directly employed by them. Nothing in the Contract Documents shall create any contractual
relationship between City or Contractor and any Sub-Contractor or other person or organization having a
direct contract with Contractor, nor shall it create any obligation on the part of City to payor to see to
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payment of any persons due any Sub-Contractor or other person or organization, except as may otherwise
be required by law. City may furnish to any Sub-Contractor or other person or organization, to the extent
practicable, evidence of amounts paid to the Contractor on account of specified Work done in accordance
with the schedule values.
4.14.3. The divisions and sections of the Specifications shall not control the Contractor in dividing the Work among
Sub-Contractors or delineating the Work performed by any specific trade.
4.14.4. The Contractor agrees to bind specifically every Sub-Contractor to the applicable terms and conditions of
the Contract Documents for the benefit of the City.
4.14.5. All Work performed for the Contractor by a Sub-Contractor shall be pursuant to an appropriate agreement
between the Contractor and the Sub-Contractor.
4.14.6. The Contractor shall be responsible for the coordination of the trades, Sub-Contractors and material and
men engaged upon their Work:
4.14.6.1.The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the
Work to bind Sub-Contractors to the Contractor by the terms of these General Conditions and other
Contract Documents insofar as applicable to the Work of Sub-Contractors, and give the Contractor the
same power as regards to termination and subcontract that the City may exercise over the Contractor under
any provisions of the Contract Documents.
4.14.6.2.The City will not undertake to settle any differences between the Contractor and their Sub-
Contractors or between Sub-Contractors.
4.14.6.3. If in the opinion of the City, any Sub-Contractor on the Project proves to be incompetent or
otherwise unsatisfactory, they shall be promptly replaced by the Contractor if and when directed by the City
in writing.
4.15. Laws and Regulations: The Contractor will give all notices and comply with all laws, ordinances, rules and
regulations applicable to the Work. If the Contractor observes that the Specifications are at variance therewith, they
will give the City prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate
modification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and
regulations, and without such notice to the City, they will bear all costs arising wherefrom.
4.16. Taxes: The City of Sunny Isles Beach is exempt from sales tax imposed by the State and/or Federal
Government. Florida Sales Tax Exemption No. 23-QQ-477131-54C appears on each purchase order. Exemption
certificates are available upon request.
4.17. Safety and Protection: The Contractor will be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. They will take all necessary precautions for the safety
of, and will provide the necessary protection to prevent damage, injury or loss to:
4.17.1. All employees and other persons who may be affected thereby;
4.17.2. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site;
4.17.3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal, relocation or replacement in the course of the project;
and
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4.17.4. The Contractor will designate a responsible member of their organization at the site whose duty shall be the
prevention of accidents. This person shall be the Contractor's Superintendent unless otherwise designated
in writing by the Contractor to the City.
4.18. Emergencies: In emergencies affecting the safety of persons or the Work or property at the site or adjacent
thereto, the Contractor, without special instruction or authorization from the City, is obligated to act, at their discretion,
to prevent threatened damage, injury or loss. They will give the City prompt written notice of any significant changes
in the Work or deviations from the Contract Documents caused thereby. If the Contractor believes that additional
Work done by them in an emergency which arose from causes beyond their control entitles them to an increase in
the Contract Price or an extension of the Contract Time, they may make a claim therefore as provided in this
document.
4.19. Public Convenience and Safety: The Contractor shall, at all times, conduct the Work in such a manner as
to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents
along and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the operation
and local conditions. During the day, access to private property shall be for short durations, if at all and by direction
from the City Debris Manager, and in the evening, access to private property shall never be available.
4.20. Indemnification: The Contractor shall indemnify and save harmless the City, its officers, agents and
employees, from or on account of any injuries or damages, received or sustained by any person or persons during or
on account of any operations connected with the construction of this Project, or by or in consequence of any
negligence (excluding negligence of City), in connection with the same; or by use of any improper materials or by or
on account of any act or omission of the said Contractor or his Sub-Contractor, agents, servants or employees. The
Contractor will indemnify and hold harmless the City and their agents or employees from and against all claims,
damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work,
provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death,
or to injury to or destruction of tangible property (other than Work itself) including the loss of use resulting wherefrom
and (b) is caused in whole or in part by any negligent act or omission of the Contractor, Sub-Contractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused by a party indemnified hereunder. In the event that a court of competent jurisdiction
determines that Sec. 725.06 (2), F.S. is applicable to this Work, then in lieu of the above provisions of this section the
parties agree that Contractor shall indemnify and hold harmless the City, their officers and employees, to the fullest
extent authorized by Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to be incorporated herein by
reference as if fully set forth herein. In the event that any action or proceeding is brought against City by reason of
any such claim or demand, Contractor, upon written notice from City shall defend such action or proceeding by
counsel satisfactory to City. The indemnification provided above shall obligate Contractor to defend at its own
expense or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of
every name and description that may be brought against City, excluding only those which allege that the injuries
arose out of the sole negligence of City, which may result from the operations and activities under this Contract
whether the construction operations be performed by Contractor, its Sub-Contractors, or by anyone directly or
indirectly employed by either.
4.21. City's Responsibility: The City will issue all communications to the Contractor; the City will furnish the data
required of them under the Contract Documents promptly; and the City's duties in respect to providing lands and
easements are set forth in this section.
4.22. Measurement of Quantities: All work completed under the Contract will be measured by the City or its
designee according to the United States Standard Measures. All linear surface measurements will be made
horizontally or vertically as required by the item measured.
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4.23. Rejecting Defective Work: The City will have authority to disapprove or reject Work which is "defective"
(which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the
requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval
referred to in Special Condition, or has been damaged prior to final acceptance).
4.24. Shop Drawings, Change Orders and Payments: In connection with the City's responsibility as to Shop
Drawings and Samples, Change Orders, Statement of Services, etc., see this section.
4.25. Decisions on Disagreements: The City will be the initial interpreter of the Technical Specifications.
4.26. Changes in Work: Without invalidating the Agreement, the City may, at any time or from time to time, order
additions, deletions or revisions in the Work; these shall be authorized by Change Orders. Upon receipt of a Change
Order, the Contractor will proceed with the Work involved. All such Work shall be executed under the applicable
conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or
an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in this document.
A Change Order signed by the Contractor indicates their agreement therewith.
4.26.1. The City may authorize minor changes or alterations in the Work not involving extra cost and not
inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Task
Order. If the Contractor believes that any minor change or alteration authorized by the City entitles them to
an increase in the Contract Price or extension of Contract Time, they may make a claim therefore as
provided in this document.
4.26.2. Additional Work performed by the Contractor without authorization of a Change Order will not entitle them to
an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency
as provided in this document.
4.26.3. The City will execute appropriate Change Orders covering changes in the Work, to be performed and Work
performed in an emergency as provided in this section and any other claim of the Contractor for a change in
the Contract Time or the Contract Price which is approved by the City.
4.26.4. It is the Contractor's responsibility to notify his Surety of any changes affecting the general scope of the
Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall be
adjusted accordingly. The Contractor will furnish proof of such an adjustment to the City.
4.27. Change of Contract Price: The Contract Price constitutes the total compensation payable to the Contractor
for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall
be at their expense without changing the Contract Price
4.27.1. The City may, at any time, without written notice to the sureties, by written order designated or indicated to
be a Change Order, make any change in the Work within the general scope of the Contract, including but
not limited to changes: in the specifications (including drawings and designs); in the method or manner of
performance of the Work; in the City-furnished facilities, equipment, materials, services, or site; or directing
acceleration in the performance of the Work.
4.27.2. Except as herein provided, no order, statement, or conduct of the City shall be treated as a change under
this clause or entitle the Contractor to an equitable adjustment hereunder.
4.27.3. If any Change Order under this clause causes an increase or decrease in the Contractor's cost of, or the
time required for, the performance of any part of the Work, under this Contract, whether or not changed by
any order, an equitable adjustment shall be made and the Contract modified in writing accordingly.
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4.27.4. If the Contractor intends to assert a claim for an equitable adjustment under this clause, he must, within ten
(10) days after receipt of a written Change Order, submit to the City a written notice including a statement
setting forth the general nature and monetary extent of such claim, and supporting data.
4.27.5. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if not submitted in
accordance with this section or if asserted after final payment under this Contract.
4.27.6. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the
Contract Price shall be determined in one of the following ways: by negotiated lump sum; or on the basis of
the cost of the Work, determined as provided in this section, plus a mutually agreed upon fee to the
Contractor and to cover overhead and profit.
4.27.7. The term cost of the Work means the sum of all direct costs necessarily incurred and paid by the Contractor
in the proper performance of the Work. Except as otherwise may be agreed to in writing by City, such costs
shall be in amounts no higher than those prevailing in Miami-Dade County, shall include only the following
items and shall not include any of the costs itemized hereunder.
4.27.7.1. Payroll costs for employees in the direct employ of Contractor in the performance of the work
described in the Change Order under schedules of job classifications agreed upon by City and Contractor.
Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their
time spent on the Work. Payroll costs shall be limited to: salaries and wages, plus the costs of fringe
benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers'
compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such
employees shall include superintendents and foremen at the site. The expenses of performing Work after
regular working hours, on Sunday or legal holidays shall be included in the above only if authorized by City.
4.27.7.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage, and manufacturers' field services required in connection therewith. All cash
discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make
payments in which case the cash discounts, shall accrue to the City. All trade discounts, rebates and
refunds, and all returns from sale of surplus materials and equipment shall accrue to City, and Contractor
shall make provisions so that they may be obtained.
4.27.7.3 Payments made by Contractor to the Sub-Contractors for Work performed by Sub-Contractors. If
required by City, Contractor shall obtain competitive Proposals from Sub-Contractors acceptable to him and
shall deliver such bids to City who will then determine which Bids will be accepted. If a Subcontract
provides that the Sub-Contractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work
shall be determined in accordance with this section.
4.27.7.4. Rentals of all construction equipment and machinery and the parts thereof whether rented from
Contractor or others in accordance with rental agreements approved by City, and the costs of transportation,
loading, unloading, installation, dismantling and removal thereof -all in accordance with terms of said rental
agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no
longer necessary for the Work.
4.27.7.5. Sales, use or similar taxes related to the Work, and for which Contractor is liable, imposed by any
governmental authority.
4.27.7.6. Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
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4.27.7.7. The cost of utilities, fuel and sanitary facilities at the site.
4.27.7.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection with the Work.
4.27.7.9. Cost of premiums for additional Bonds and Insurance required solely because of changes in the
Work, not to exceed two percent (2%) of the increase in the Cost of the Work.
4.27.8. The term Cost of the Work shall not include any of the following:
4.27.8.1. Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents,
expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in his
principal or a branch office for general administration of the Work and not specifically included in the
schedule referred to in this document - all of which are to be considered administrative costs covered by the
Contractor's fee.
4.27.8.2. Expenses of Contractor's principal and branch offices other than his office at the site.
4.27.8.3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for
the Work and charges against Contractor for delinquent payments.
4.27.8.4. Cost of premiums for all bonds and for all insurance policies whether or not Contractor is required
by the Contract Documents to purchase and maintain the same (except as otherwise provided this
document.
4.27.8.5. Costs due to the negligence of Contractor, any Sub-Contractor, or anyone directly or indirectly
employed by any of them of for whose acts any of them may be liable, including but not limited to, the
correction of defective work, disposal of materials or equipment wrongly supplied and making good any
damage to property.
4.27.8.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and
expressly included in this document.
4.27.9. The Contractor's fee which shall be allowed to Contractor for their overhead and profit shall be incorporated
into the unit prices submitted by the Contractor, and shall not constitute a separate line item or fee owed to
Contractor by the City.
4.27.10. The amount of credit to be allowed by Contractor to City for any such change which results in a net
decrease in cost will be the amount of the actual net decrease. When both additions and credits are
involved in anyone change, the Contractor shall not be entitled to claim lost profits for any Work not
performed.
4.27.11. Whenever cost of any Work is to be determined pursuant to this document, and for which unit prices have
not previously been submitted, Contractor will submit in form prescribed by City an itemized cost breakdown
together with supporting data.
4.28. Payments to Contractor: At least ten (10) days before each progress payment falls due (but not more
often than once a month), the Contractor will submit to the City a partial payment estimate filled out and signed by the
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Contractor covering the Work performed during the period covered by the partial payment estimate and supported by
such data as the City may reasonably require.
4.28.1. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered
and suitably stored at or near site, the partial payment estimate shall also be accompanied by such
supporting data, satisfactory to the City, as will establish the City's title to the material and equipment and
protect their interest therein, including applicable insurance. The City will within ten (10) days after receipt of
each partial payment estimate, either indicate in writing their approval of payment and present the partial
payment estimate to the City, or return the partial payment estimate to the Contractor, indicating in writing
their reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary
corrections and resubmit the partial payment estimate. The City, will within thirty (30) days of presentation to
them of any approved partial payment estimate, pay the Contractor a progress payment on the basis of the
approved partial payment estimate. The City may retain ten (10) percent of the amount of each payment
until final completion and acceptance of all Work covered by the Contract Documents. On completion and
acceptance of a part of the Work on which the price is stated separately in the Contract Documents,
payment may be made in full, including retained percentages, less authorized deductions. Any interest
earned on the retainage shall accrue to the benefit of the City.
4.28.2. The City shall have the right to demand and receive from the Contractor, before he shall receive final
payment, final releases of lien executed by all persons, firms or corporations who have performed or
furnished labor, services or materials, directly or indirectly, used in the Work. Likewise, as a condition to
receiving any progress payment, the City may require the Contractor to furnish partial releases of lien
executed by all persons, firms and corporations who have furnished labor, services or materials
incorporated into the Work during the period of time for which the progress payment is due, releasing such
lien rights those persons, firms or corporations may have for that period.
4.28.3. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an
Application for Payment, whether incorporated in the Project or not, will have passed to the City prior to the
making of the Application for Payment, free and clear of all liens, claims, security interest and
encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no Work, materials or
equipment covered by an Application for Payment will have been acquired by the Contractor or by any other
person performing the Work at the site or furnishing materials and equipment for the Project, subject to an
agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise
imposed by the Contractor or such other person.
4.29. Acceptance of Final Payment as Release: The Acceptance by the Contractor of final payment shall be
and shall operate as a release to the City and a waiver of all claims and all liability to the Contractor other than claims
in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection
with the Work and for every act and neglect of the City and others relating to or arising out of this Work. Any
payment, however, final or otherwise, shall not release the Contractor of their sureties from any obligations under the
Contract Documents or the Performance Bond and Payment Bonds.
4.30. Suspension of Work and Termination: The City may, at any time and without cause, suspend the Work or
any portion thereof for a period of not more than ninety (90) days by notice in writing to the Contractor which shall fix
the date on which Work shall be resumed. For suspensions longer than ninety (90) days, the Contractor may be
allowed an increase in the Contract Price or an extension of the Contract Time, or both.
4.31. Work during Inclement Weather: No Work shall be done under these specifications except by permission
of the City when the weather is unfit for good and careful Work to be performed. Should the severity of the weather
continue, the Contractor upon the direction of the City, shall suspend all Work until instructed to resume operations
by the City and the Contract Time pursuant to this section shall be extended to cover the duration of the order.
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4.32. City May Terminate: If the Contractor is adjudged bankrupt or insolvent, or if they make a general
assignment for the benefit of their creditors, or if a trustee or receiver is appointed for the Contractor or for any of
their property, or if they file a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or
similar laws, or if they repeatedly fail to supply sufficient skilled workmen or suitable materials or equipment, or if they
repeatedly fail to make prompt payments to Sub-Contractors or for labor, materials or equipment or they disregard
laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if they disregard the authority
of the City, of if they otherwise violate any provision of, the Contract Documents, then the City may, without prejudice
to any other right or remedy and after giving the Contractor and the surety ten (10) days written notice, terminate the
services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction
equipment and machinery thereon owned by the Contractor, and finish the Work by whatever method they may deem
expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished.
If the unpaid balance of the amounts due to Contractor for work completed at the time of such Termination exceeds
the direct and indirect costs of completing the Project, including compensation for additional professional services,
such excess shall be paid to the Contractor up to the total amounts owed to the Contractor. If such costs exceed
such unpaid balance, the Contractor will pay the difference to the City. Such costs incurred by the City will be
determined by the City and incorporated in a Change Order. If after termination of the Contractor under this Section,
it is determined by a court of competent jurisdiction for any reason that the Contractor was not in default, the rights
and obligations of the City and the Contractor shall be the same as if the termination had been issued pursuant to
this document.
4.32.1. Where the Contractor's services have been so terminated by the City said termination shall not affect any
rights of the City against the Contractor then existing or which may thereafter accrue. Any retention or
payment of moneys by the City due the Contractor will not release the Contractor from liability.
4.32.2. Upon ten (10) days written notice to the Contractor, the City may, without cause and without prejudice to
any other right or remedy, elect to terminate the Agreement. In such case, the Contractor shall be paid for
all Work executed and accepted by the City as of the date of the termination. No payment shall be made for
profit for Work which has not been performed.
4.32.2. Upon ten (10) days written notice to the Contractor, the City may, without cause and without prejudice to
any other right or remedy, elect to terminate the Agreement. In such case, the Contractor shall be paid for
all Work executed and accepted by the City as of the date of the termination. No payment shall be made for
profit for Work which has not been performed. Removal of Equipment: In the case of termination of this
Contract before completion for any cause whatever, the Contractor, if notified to do so by the City, shall
promptly remove any part or all of his equipment and supplies from the property of the City. Should the
Contractor not remove such equipment and supplies, the City shall have the right to remove them at the
expense of the Contractor. Equipment and supplies shall not be construed to include such items for which
the Contractor has been paid in whole or in part.
4.33. Miscellaneous: Proposer acknowledges the following miscellaneous conditions:
4.33.1. Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed
to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of
the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage
prepaid, to the last business address known to them who gives the notice.
4.33.2. The Contract Documents shall remain the property of the City. The Contractor shall have the right to keep
one record set of the Contract Documents upon completion of the Project.
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4.33.3. The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental
Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon Contractor and those in the Special Conditions and
the rights and remedies available to the City, shall be in addition to, and shall not be construed in any way
as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of
the Contract Documents.
4.33.4. Should the City or the Contractor suffer injury or damage to its person or property because of any error,
omission, or act of the other or of any of their employees or agents or others for whose acts they are legally
liable, claim shall be made in writing to the other party within a reasonable time of the first observance of
such in jury or damage.
4.34. Waiver of Jury Trial: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right
either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit
or counterclaim based upon the Contract Documents or the performance of the Work thereunder.
4.34.1. Governing Law: The Contract shall be construed in accordance with and governed by the law of the State
of Florida.
4.34.2. Venue: Venue of any action to enforce the Contract Documents shall be in Miami-Dade County, Florida.
4.34.3. Arbitration: It is the intention of the parties that whenever possible, if a dispute or controversy arises
hereunder then such dispute or controversy shall be settled by arbitration in accordance with the
procedures, rules and regulations of the American Arbitration Association. The decision rendered by the
Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County,
Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing
party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of
arbitration and their respective attorneys' fees as may be determined by the court on confirmation.
4.35. Project Records: City shall have right to inspect and copy during regular business hours at City's expense,
the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for
additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of
Contractor which relate to the Project. Contractor shall retain and make available to City all such books and records
and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three years following
final completion of the Project. During the Project and the three year period following final completion of the Project,
Contractor shall provide City access to its books and records upon five days written notice.
4.36. Severability: If any provision of the Contract or the application thereof to any person or situation shall to
any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to
persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be
affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law.
4.37. Independent Contractor: The Contractor is an independent Contractor under the Contract. Services
provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and
not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health
insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services
rendered under the Contract shall be those of the Contractor.
END OF SECTION
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SECTION 5
PROJECT DESCRIPTION AND REQUIREMENTS
EMERGENCY DEBRIS CLEARING AND REMOVAL OPERATIONS
5.1. PURPOSE
This document constitutes a Request for Proposal (RFP) from experienced firms to clear and remove and lawfully
dispose of disaster-generated debris (other than hazardous materials and household putrescible garbage) from public
property and public rights-of-way in the City of Sunny Isles Beach, Florida, immediately after a natural or man-made
disaster. The objective of the RFP and subsequent contracting activity is to secure the seNices of an experienced Contractor
who is capable of efficiently clearing and removing very large volumes of disaster-generated debris from a large area in a
timely and cost-effective manner and lawfully disposing of all collected debris. The Contractor must be capable of
assembling, directing and managing a workforce that can complete the debris management operations in a maximum
of 30 days. The contract will be for a term of three (3) years with two (2) options to renew this Agreement for one (1)
year each, with annual re-certification of the Contractor's capabilities for years two (2) through five (5).
While intended to cover debris management needs in any major disaster scenario, the primary focus is on the threat of
hurricane or tornado damage to the City. The planning standards used for this project are based on the anticipated
impacts of a Category 4 Hurricane.
5.2. BACKGROUND
5. 2.1. Introduction
The City of Sunny Isles Beach staff has developed a Debris Management Plan that describes the general
needs and approaches for clearing, removing and disposing of large volumes of debris after a major disaster. It
provides general information on debris classifications, local hauling and disposal capabilities and capacities.
The plan provides general guidance for the Contractor and is available upon request.
The City of Sunny Isles Beach's disaster recovery planning includes considerations for clearing, removing and
disposing of the volumes and types of debris expected to be generated by a major disaster such as a hurricane or
tomado. The planning approach is formulated in part on the concept of strategic pre-positioning of plans and
resources necessary for timely, coordinated response and recovery operations, including clearing and removal of
debris from public property and public rights-of-way throughout the City using Contractor work forces.
The City envisions the need for a single major Contractor to carry out the Debris Clearing and Removal work
throughout the City. The Contractor must have the capacity to manage a major workforce with multiple
Subcontractors and to cover the expenses associated with a major recovery operation prior to initial City payment
and between subsequent payments, as well as the capacity to provide the necessary bonds and insurance. The
Contractor must also have an established management team, an established network of resources to provide the
necessary equipment and personnel, comprehensive debris clearing, removal and volume reduction operations
plans, and demonstrable experience in major disaster recovery projects.
The contract to be awarded will be a pre-positioned contract that will be activated only in the face of an actual
disaster or emergency. As such, no compensation will accrue to the Contractor unless and until the contract is
activated either in anticipation of a natural or man-made disaster or immediately after such disaster.
Potential Contractors are solely responsible for their own costs of developing the proposals associated with
this RFP. In addition, a Contractor who receives a pre-positioned contract for the work will be required to
participate in certain City-directed disaster recovery training and/or exercises, one (1) to two (2) days each year,
at no cost to the City. The pre-positioned contract will be for term of three (3) years with two (2) one (1) year
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5.2.2.
5.2.3.
5.3.
5.3.1.
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options to renew this Agreement for a total of five (5) years. This will minimize the planning costs associated
with the program as well as maximize the Contractor's potential for recovery of those costs.
Planning Standard for Debris
The City has selected a Category 4 Hurricane that impacts the entire city. The worst case debris volume
anticipated from such a hurricane is approximately 40,000 cubic yards of mixed debris. This estimated debris
volume is a planning figure and it is not a fixed quantity for the purpose of contractual obligations. The actual
volume of debris may be greater than or less than 40,000 cubic yards. For the purpose of this RFP and solely for
the purpose of standardizing the contents of all submittals, the contractor shall use a planning figure of 40,000
cubic yards of debris as the initial volume estimate for post-disaster debris removal and disposal operations.
Contractor submittals must also address, though in less detail, how the Contractor would address larger and
smaller volumes of debris.
The City's goal is to complete the debris removal and disposal process in less than 30 days. This assumes that the
entire area of the City will be accessible within that period.
Debris Management Strategy
The City will employ a Contractor to clear, remove and dispose of disaster-generated debris. The City will execute
one (and reseNes the right to execute more than one) debris clearing and removal contract on a pre-positioned
basis for the purpose of having a Contractor immediately available and committed to assisting the City in the
aftermath of a major disaster. It is anticipated that the Contractor will use both local and non-local Subcontractors.
Notwithstanding, the Contractor will be expected to use fully qualified and properly equipped local firms to the
maximum extent practicable.
When a major disaster occurs or is imminent, the City will contact the firm(s) holding Debris Clearing and
Removal Contract(s) to advise them of the City's intent to activate the contract(s). Debris removal will generally
be limited to debris in, upon, or brought to public streets and roads, public rights-of-way, municipal properties and
facilities, and other public sites. The Contractor(s) will also be responsible for the lawful disposal of all debris
collected from city property and public rights-of-way.
The Contractor(s) will send a management team to the City's EOC, located at 18070 Collins Avenue, Sunny Isles
Beach, Telephone: 304-974-0606, within 48 hours prior of projected hurricane landfall based on the receipt of a
Notice to Proceed and Task Order, to begin planning for the operations and mobilizing the personnel and equipment
as necessary to perform the work.
There are no Temporary Debris Storage and Reduction (TDSR) sites within the City limits. This will
necessitate the removal of all debris to the North Dade County Landfill located at 21500 NW 47 Avenue. In the
event of a delay in this disposal facility opening after the subsidence of the disaster or if inordinately high delays
in turnaround time occur at the designated disposal facility, the Contractor shal notify the City Debris Manager
immediately and the City will provide an altemate disposal of TDSR location within a 20 mile radius.
Curbside segregation of debris and disaster-generated or related wastes will be an element of the City's disaster
recovery program. The Contractor will be required to aid in the segregation and waste stream management
processes. Any hazardous materials and/or industrial hazardous wastes encountered by the debris removal
Contractor are to be set aside for collection and disposal at the direction of the City or its designee at an approved
facility. Putrescible garbage will be collected by franchise haulers and is not to be collected or transported by
Contractor's forces.
INFORMATION REQUIRED FOR THIS RFP.
Description of Services
Submitter must provide a detailed description of the seNices that he/she will perform upon issuance of a Notice to
Proceed and/or Task Order. The description must, at a minimum, include the following:
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A General Operations Plan describing the method and manner of debris removal and lawful disposal that will
be employed for disaster-generated debris. That Plan should demonstrate how Contractor will satisfy the
requirements of the project as described below, with:
1) A detailed description of the general sequence of debris clearing and removal operations to be
perfonned.
2) A detailed description of the resources (workforce and equipment) to be employed along with the
sources of those resources, Le. a list of subcontractors with whom the submitter has agreements for
post-disaster support.
3) An estimate of the time required to complete the removal and lawful disposal of approximately 40,000
cubic yards of mixed debris. Note that the maximum allowable time for completion of the removal and
disposal operations is 30 days.
4) A description of how Contractor will ensure that all Debris Clearing and Removal Operations are
perfonned in compliance with all applicable local, state, and federal regulations and permit
requirements.
A description of any subcontracts to be utilized in performing these services.
A summary of the submitter's personnel that will be dedicated to the contract. The summary must
include: the names of all members of the project management team; the name of the submitter's claims
representative; the number of management employees that will be assigned to the contract, their job titles and
responsibilities.
A description of the accounting and financial controls that will be utilized in managing, monitoring and
accounting for the resources to be deployed
A description of any exceptions taken to the requirements stated in this RFP.
5.3.2. Notification Procedures
Upon activation of the contract, Contractor must provide a two-person management team on-site to
participate in advance response and recovery preparations. Expected time frame is 48 hours prior to
projected hurricane landfall. The purpose is to initiate actions necessary to ensure that Contractor
resources will be able to begin debris clearing operations within twelve (12) hours of receiving the Notice to
Proceed from the City. Subsequently, the City will issue the first Task Order, which will authorize the
Contractor to begin mobilizing the personnel and equipment as necessary to perform the stipulated work.
This first Task Order will also direct the Contractor to execute the required Performance and Payment
Bonds. Additional task orders will be issued for debris clearing and removal operations within the City.
Contractor invoices for services performed under the first and subsequent task orders should be presented
for payment to the City.
The City will prescribe the specific clearing and cleanup schedule to be used after ascertaining the scope
and nature of the disaster's impacts.
Curbside segregation of debris and disaster-generated or related wastes will be an element of the City's
disaster recovery program. The debris removal and disposal Contractor will be required to aid in the
segregation and waste stream management processes. Waste and debris from hurricanes, tornadoes, and
other major storm events, will be classified into the following five categories with responsibility as shown:
1. Household trash and putrescible garbage - continued responsibility of the County
2. Leaves and lawn litter, placed in clear plastic bags, placed by curb or shoulder of road - Contractor
responsibility for removal and disposal. Contractor will decide, with concurrence by the City Debris
Manager, whether plastic bags are to be co-mingled with the loose vegetative debris or are to be
collected separately to facilitate recycling.
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3. Vegetative and clean, woody debris, suitable for chipping or grinding, loosely stacked, and placed
by curb or road shoulder, This includes logs, stumps, rootballs, limbs, branches, and complete
trees that may be removed and placed by the curb or road shoulder for collection. Any reduction of
size of woody debris to make suitable for chipping, or grinding is part of the Contractors
responsibility. - Contractor responsibility for removal and disposal.
4. Construction and demolition (C&D) debris, furniture, furnishings, appliances, etc. suitable for being
land filled or recycled, stacked by curb or shoulder - Contractor responsibility for removal and
disposal.
5. Household Hazardous Waste (HHW), separated from all other types of waste and debris, placed at
curb or road shoulder - HHW disposal at an approved facility will be the responsibility of the local
residents.
Citizens will be advised to separate all waste and debris, to the extent practicable, into the above
categories. Failure by the citizens to perform this separation does not relieve the Contractor of his/her
curbside separation responsibilities, to the extent practicable.
Any Household Hazardous Waste (HHW) encountered by the debris removal Contractor is to be set aside.
At the direction of the City or its designee, HHW disposal at an approved facility will be the responsibility of
the Contractor. The City will coordinate with the Contractor to establish HHW drop-off locations for use by
residents. The following items are considered HHW for the purpose of this contract:
· Cleaning Products
· Batteries
· Workshop/Painting Supplies
. Aerosol spray cans
· Indoor Pesticides
. Lawn and Garden Products
· Automotive Products
. Fluorescent light bulbs
· Propane tanks and other compressed gas cylinders
· Flammable Products
. Home/Office Electronics - computers, TV's, monitors, lithium, and cadmium batteries
The Contractor will set up a lined containment area and separate any HHW inadvertently delivered to a
temporary debris staging site.
Commercial and industrial hazardous waste such as chemicals, gas containers, transformers, and any other
form of hazardous or toxic matter will be set aside for collection and disposal by a Hazardous Materials
Removal and Disposal Contractor who will be coordinated by others.
5.4. SCOPE OF WORK
5.4.1. General
The Contractor shall provide for the cost-effective and efficient clearing, removal, and lawful disposal of debris
accumulated and deposited on public property, City streets, roads and other public rights-of-way, and any other
municipal facility or site except hazardous materials and household putrescible garbage, generated by disasters that
impact the City of Sunny Isles Beach, FL. Services shall be perfonned on an "as needed basis" when directed by the
City Debris Manager. For planning purposes, the contractor shall assume that the total volume of debris is 40,000
cubic yards of mixed debris.
The Contractor shall detennine the method and manner of debris clearing, removal, and disposal that provide the
greatest economy of operations and cost to the City. In general, the Contractor will first focus on clearing
roadways leading to critical facilities and other clearing activities necessary to safeguarding the public. The City
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will provide guidance and direction on priorities for debris clearing incident to removal operations. The Contractor
shall present to the City for review and discussion a General Operations Plan and sufficient supporting
documentation to adequately describe all planned actions for disaster debris clearing, removal, and lawful
disposal. The Contractor shall agree to execute this plan, with all manners of contingencies recognized, when
approved by the City.
The Contractor will be responsible for the timely clearing of roadways, removal of debris and lawful disposal of
debris, except hazardous materials, industrial waste and putrescible garbage, from:
. City maintained streets, roads and rights-of-way.
· Public property and facilities.
. Any other municipal facility or site as may be directed by the City Debris Manager.
. Private propertY when necessary to protect the public or to facilitate completion of required work, provided that
entry onto private property is specifically authorized by the City Debris Manager.
Collins Avenue (A1A), State Route 826 and State Route 856 are on the Federal Highway System and are
considered Federal Aid System (FAS) roads and will not be subject to debris removal and disposal operations unless
specifically directed by the City Debris Manager. The City and Contractor will comply with the provisions of the
Federal Highway Administration Fonn FHWA-1273 (Ref. 3-94), with the exception of the Davis Bacon
Provisions which are waived for strictly debris removal projects. FHW A Fonn 1273 has been physically
incorporated into this Agreement in SECTION 23
All debris removal and disposal operations east of Collins Avenue (A 1 A) are the responsibility of the Hotel/Motel /
Condominium owners.
The Contractor may be responsible for sand removal resulting from storm action deposited on Collins Avenue
(A1A) and to the West side of Collins Avenue (A1A). Removal and cleaning of the sand will be done only by a
written Task Order initiated by the City Debris Manager and paid for in accordance with the Fee Schedule Form
Part A - 3.0 Sand Collections and Screening (Paragraph 7.14).
The Contractor must be duly licensed to perform the work in accordance with the State of Florida code
requirements. The Contractor shall obtain all permits necessary to complete the work. The Contractor shall
be responsible for determining what additional permits are necessary to perform under the contract, but at
the minimum must hold a business license and Contractor's license where services are performed. Copies
of all permits shall be submitted to the City Debris Manager as soon as available.
The quantity of work required to complete this contract is estimated. The actual effort required may be more
or less than the estimated amount shown on the Fee Schedule Form (Paragraph 7.14). Payment will be
made at the unit rates proposed by the Contractor. The output will be verified by the City Debris Manager in
the daily operational report. Should hourly rates be used to pay for certain equipment, then preventative
maintenance not in excess of fifteen (15) minutes in a normal workday will be paid at the regular hourly rate.
Preventative maintenance or down time resulting from equipment failure, routine maintenance and fueling
that exceeds fifteen (15) minutes will be considered unacceptable work and non-payment of that time will be
rounded off to the half hour of all hours where delays occur. Preventative maintenance is defined as the
usual field maintenance to keep equipment in operating condition without the use of extensive shop
equipment. Fueling of equipment will be considered as part of preventative maintenance.
The Contractor shall be responsible for correcting any notices of violations issued as a result of the
Contractor's or any subcontractor's actions or operations during the performance of this contract.
Corrections for any such violations shall be at no additional cost to the City.
The Contractor shall conduct the work so as not to interfere with the disaster response and recovery
activities of federal, state or local governments or agencies, or of any public utilities or other private
Contractors.
5.4.2. Post-Hurricane/Disaster Recovery Operations: Debris Clearing and Removal
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..
This Work is divided into two phases. Phase 1 will be performed on a time and materials basis, and Phase
2 is to be performed on a unit price basis.
. Phase 1. Emergency Roadway Debris Clearing, consisting of clearing roadway debris to the side of the
road to open key access routes into devastated areas.
. Phase 2: Public Rights-of-Way Debris Removal, consisting of the removal and transport of eligible
disaster-generated debris from designated public streets or highway rights-of-way or public property to
an approved landfill. The City will pay tipping fees at the approved landfill based on the actual disposal
tickets and accompanying rates for disposal without additional mark-up from the Contractor.
5.4.3. Inspection of Debris
Within 24 hours after the hurricane/disaster event has subsided, the Contractor must make a detailed and
thorough on-site inspection with a representative from the City of debris to be cleared and removed, and
consider:
· Amounts and types of debris;
. Working conditions such as traffic, street/road width, and land use;
. Means to ingress and egress work areas; and
. All other factors affecting the work.
5.4.4. Coordination
Debris Clearing and Removal is limited to that which is determined by the City Debris Manager to be in the
interest of public safety and that which is considered essential to the economic recovery of the affected
area. The Contractor must coordinate with other contractors and other public and private entities also
performing recovery operations.
5.4.5. City Limits
Debris collection is limited to areas within the City of Sunny Isles Beach.
5.4.6. Quality Assurance
Work will be closely monitored by City personnel and/or designated representatives. The Contractor must
cooperate with all monitors representing the City.
5.5. PHASE 1: EMERGENCY ROADWAY DEBRIS CLEARING
5.5.1. General
The goal of Phase 1 Clearing is to move debris directly deposited int the roadway to the side of the road to
open key access routes into devastated areas and allow for the movement of emergency vehicles, law
enforcement, resumption of critical services, and damage assessment of critical public facilities and utilities.
At least one lane must be cleared on each arterial, major, and secondary road after the hurricane/disaster
event has subsided within the specified timeframe. Priorities will be established by the City Debris Manager.
The Contractor shall commence mobilization immediately upon receipt of the Debris Clearing Task Order,
meeting the following progress patterns: 24 Hours - 50%, 48 hours - 100% unless otherwise negotiated.
This represents a minimum response schedule and does not restrict an earlier response
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Phase 1 Clearing will be limited to no more than 70 work hours under the Time and Materials portion
of this contract. Phase 1 Clearing operations will not continue past the 70 work hours unless
specifically approved in writing by the City Debris Manager.
5.5.2. Equipment
The types and sizes of equipment to be used must be listed in the Contractor's Price Proposal. This is
intended to be a general listing at this time. Prior to beginning work, the Contractor will be required to more
fully identify each item of equipment by type, size and equipment number; the equipment number and the
Contractor's name or initials must be permanently marked on each side of the vehicle at that time. Minimum
letter size shall be 3 inches in height. Rates for equipment not listed in the Price Proposal must be
established with the City Debris Manager before such equipment may begin working.
The Contractor shall be knowledgeable on the rules and regulations governing the transport of
heavy equipment and oversized loads across state boundaries. An emergency situation in the City
does not assure any waiver of regulations or assistance in expediting equipment transportation by
other regulatory entities.
5.6. PHASE 2: PUBLIC RIGHTS-OF-WAY DEBRIS REMOVAL
5.6.1. General
The goal of Phase 2 Debris Removal is to load and haul debris from the public rights-of-way to an assigned
landfill. In general, but not exclusively, this phase consists of curbside debris removal on public property
only. Types of debris materials include, but are not limited to, trees, woody debris, brush, sand, gravel,
building wreckage, construction and demolition (C&D), personal property, and household furnishings
deposited at the curb.
5.6.2. Vehicle Types/Measuring /Marking
All trucks and trailers must be suitable for equipment loading. The City Debris Manager desires that the
Contractor maximize the use of self-loading trucks equipped with grapples or loaders with grapple
attachments to reduce potential collateral damage and to expedite the cleanup operation. Hand loading of
trucks or trailers must be approved in writing by the City Debris Manager before being put into
operation.
The City's Debris Monitoring Contractor will measure all trucks and trailers prior to any hauling operations.
The City or its designee will designate staging locations where the measurements will be taken. The
Contractor will also provide a list to the City Debris Manager or its designee indicating the type of vehicle,
make and model, license plate number, and equipment number, and measured maximum volume, in cubic
yards, of the load bed of each piece of equipment utilized to haul debris.
The measured volume of each piece of hauling equipment shall be calculated from actual internal physical
measurement performed by the Contractor and a City designee. Maximum volumes may be rounded to the
nearest cubic yard. One sign shall be placed on each side of the equipment. For those trucks, trailers and
other equipment intended to haul debris, the maximum volume, in cubic yards, of the load bed shall also be
shown. Signs shall be maintained in an easily readable fashion for the duration of the work. Minimum letter
size shall be 3" in height. Maximum volume value will be verified by a City designee and his/her signature
will be placed on both signs before affixing to the vehicle. Tare weights shall be determined for those trucks
that will be weighed at a disposal site.
All trucks and trailers utilized in hauling debris shall be equipped with a tailgate that will permit the vehicle to
be loaded to capacity and effectively contain the debris on the vehicle while hauling. Sideboards, if
installed, must be constructed of 2" x 6" boards or greater and may not extend more than 2-feet
above the metal bedsides. Once installed all sideboard extensions must remain in place throughout the
operation, or the vehicle will be re-measured and remarked. All extensions to the bed, and any exceptions to
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the above requirements, such as SA" minimum plywood, must be approved in writing by the City Debris
Manager.
Trucks or equipment that are designated for use under this contract shall not be used for any other work.
The Contractor shall not solicit work from private citizens or others to be performed in the City during the
period of this contract. Under no circumstance will the Contractor mix debris hauled for others with debris
hauled under this contract.
5.6.3. Other Considerations
The Contractor shall assign and provide an Operations Manager (OM) to serve as the principal liaison
between the City Debris Manager and the Contractor's forces. The assigned OM must be knowledgeable of
all facts of the Contractor's operations and have authority in writing to commit the Contractor. The OM shall
be on call 24 hours per day, seven (7) days per week and shall have electronic linkage capability for
transmitting and receiving relevant contractual information and make arrangement for on site
accommodations. This linkage shall provide immediate contact via cell phone, Fax machine, and have
Internet capabilities. The OM will participate in daily meetings and disaster exercises, functioning as a
source to provide essential element information. The OM will report to the City Debris Manager. This
position will not require constant presence; rather the OM will be required to be physically capable of
responding to the City Debris Manager within one hour of notification.
The Contractor shall be responsible for control of pedestrian and vehicular traffic in the work area. At a
minimum, one flag person should be posted at each approach to the work area.
The Contractor shall supervise and direct the work, using skilled labor and proper equipment for all tasks.
Safety of the Contractor's personnel and equipment is the responsibility of the Contractor. Additionally, the
Contractor shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of
this contract.
5.6.4. The City disposal facility monitors will use their best judgment in estimating the quantity of debris in the
trucks. For purposes of this contract the City monitors are the final authority. Trucks are assumed to be
carrying 100% full loads, but deductions will be made for: consolidation during hauling, lightly packed loads
with excessive air voids, and voids caused by incomplete loading at the loading site. Where trucks are
weighed by certified scales, the weights shall take precedent.
5.6.5. Hazardous Waste
Hazardous waste collection schedules may not necessarily coincide with the debris removal work.
Hazardous waste materials include chemicals, petroleum products, paint products, asbestos, power
transformers, oxygen bottles, propane tanks, batteries, industrial and agricultural chemicals, cleaning agents
and similar hazardous, dangerous or toxic materials.
Some preliminary curbside separation will be attempted, but the Contractor must be aware that hazardous
waste materials might be commingled with debris. The Contractor shall take every precaution to avoid
loading and hauling hazardous waste materials. Notwithstanding, the Contractor's labor forces must be
aware of the appropriate safety precautions. Further, the Contractor will be responsible for safe and proper
handling of any hazardous waste materials inadvertently loaded by Contractor labor forces. The
Contractor's labor forces must notify the City Debris Manager or his designee of locations where hazardous
waste materials are encountered.
5.6.6. Other Non-Collection Items
The following items must not be removed or hauled to the designated disposal sites:
. Household garbage;
. Electric Company transformers, poles and other equipment and materials;
· Telephone Company telephone transformers, poles and other equipment and materials;
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. Traffic signs, signals, and appurtenances;
. Debris on private property except as directed by the City Debris Manager; and
. Privately Owned Vehicles/BoatsfTrailers except as directed by the City Debris Manager.
Curbside collection of household putrescible garbage will be handled by the usual public and private
haulers. Household garbage must not be mixed with storm debris. All electrical and telephone equipment,
traffic signs and signals that are encountered must be moved to a visible, accessible location at or near
curbside for disposition by utility companies or the City.
Debris on private property may not be removed without written authorization from the City Debris Manager
and the FEMA Public Assistance Officer. Vehicles that are in the way of debris removal operations may be
moved. The Contractor shall report the locations of such vehicles to the City Debris Manager or his
designee.
5.6.7. Debris Removal
During debris removal operations, extreme caution must be exercised by the Contractor to ensure that no
damage is done to public or private properties. All crawler or tracked vehicles operated on public streets
must have pads to prevent damage to hard-surfaced streets. The Contractor will be responsible for
repair/replacement of any damage caused by negligence to public or private property.
. Loading: All loose debris, such as tree limbs, must be reasonably compacted on the hauling vehicles
during loading. All debris extending beyond the vehicle in any horizontal direction must be cut off or
otherwise removed.
. Hauling: All vehicles utilized in hauling debris must be equipped with adequate means for containing
the load, including canvas covering while transporting the debris to approved landfills.
. Covering: All vehicles must effectively prevent debris from being blown or bounced off the vehicles.
. Sideboards: Sideboards or other extensions to the bed will be permitted provided they meet state and
local requirements, cover the front and two sides, and are substantially constructed. Sideboards must
be constructed of 2" by 6" boards or greater and may not extend more than 2 feet above the metal bed
sides.
. Tailgates: Vehicles must be equipped with a tailgate or other devices that will effectively contain the
debris on the vehicle while hauling, and also permit the vehicle to be loaded to capacity.
5.6.8. Dumping
All debris must be hauled to an approved landfill. The Contractor must make every effort possible to
separate trees, woody debris, and brush from other types of debris at curbside. All trees, woody debris, and
brush will be accepted at the North Dade Landfill. Construction and demolition debris must be similarly
segregated and transported directly to the North Dade Landfill.
5.6.9. Equipment Storage
The Contractor is responsible for locating areas where his/her equipment may be stored, serviced and
repaired and coordinating with the City Debris Manager if said location is within the City limits. Such areas
must not be located within rights-of-way or in any areas that would impact traffic flow or produce a safety
hazard. This does not preclude parking equipment for short periods of time, including overnight, in rights-of-
way areas where work is in progress. On-site refueling and operating checks including daily maintenance
will be allowed.
5.7. SCHEDULE
5.7.1. Clearing Operations
Public rights-of-way clearing operations must commence as soon as possible after the hurricane/disaster
event has subsided, but no later than 12 hours from the time that Notice to Proceed is issued by the City
Debris Manager. The duration of the clearing operations will be limited to a total of 70 work hours.
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The Contractor must provide sufficient equipment and labor to accomplish clearing of primary rights-of-way
within 24 hours of receiving Notice to Proceed. Failure to clear the primary rights-of-way will result in the
Contractor remitting to the City liquidated damages in the amount of the cost per hour of each clearing crew
as defined in Part B of the Fee Schedule Form (Paragraph 7.14) for each hour exceeding the 24 hour cutoff
plus 25% of the hourly rate as a premium to secure additional work crews from other resources to complete
the work immediately following the disaster.
The City Debris Manager reserves the right to discontinue the clearing operations as he deems necessary.
Extension of the clearing operations past the 70 hours must be approved in writing by the City Debris
Manager..
5.7.2. Removal Operations
The Contractor must begin debris removal operations within 48 hours of receiving the Notice-to-Proceed
and be underway in all zones within three (3) days. Schedules for all other roads/streets will be determined
in concert with the City Debris Manager and the Contractor's representative. Removal may begin earlier
and, if approved by the City Debris Manager, may be combined with public rights-of-Way clearing
operations, provided the equipment so used will be billed on a unit cost basis rather than on a time and
materials basis. The City Debris Manager reserves the right to increase or decrease the scope of the
removal activity as he/she deems necessary to ensure effective management of the overall debris
removal/disposal operations.
5.7.3. Working Hours
Unless otherwise permitted by the City Debris Manager, working hours for removal operations shall be
limited to daylight hours. The Contractor is responsible for coordinating with the City Debris Manager in the
event weather conditions delay or modify the proposed daily schedule.
The Contractor shall ensure that wherever non-English speaking crews are utilized, at least one
crew supervisor must be fluent in English.
5.8. EXTRA WORK
At the City Debris Manager's option, the scope of work for Phase 1, Clearing, may be expanded to include clearing
on the Federal Aid System roadways within the City's jurisdiction and for Phase 2, Removal, may be expanded to
include public parks, other recreational areas, drainage structures and channels, and sand removal all subject to the
prices noted in the Fee Schedule Form (Paragraph 7.14).
5.9. MEASUREMENT AND PAYMENT
5.9.1. PHASE 1 COMPENSATION - TIME AND MATERIALS BASIS
Compensation for Phase 1 Debris Clearing will be measured and paid for based on an hourly rate only
when equipment is actively operating and documented by equipment logs and operator timesheets
submitted to the City. The hourly rate for each type of equipment must include all subsidiary costs including
mobilization and demobilization, fuel, maintenance, operator, overhead and profit. The Contractor must
provide, as part of the Price Proposal, a list of basic equipment to be used for clearing operations and the
hourly rate to be charged for each.
5.9.2. PHASE 2 COMPENSATION - UNIT PRICE PER CUBIC YARD OR TON BASIS
Debris removal will be paid for on the basis of a unit price per cubic yard or ton for all debris loaded, hauled,
and dumped at an approved landfill. The unit price per cubic yard must include all subsidiary costs,
including mobilization and demobilization, labor, equipment, fuel, maintenance, overhead and profit.
Compensation will be based solely on the volume or tonnage of debris hauled as documented by completed
load tickets administered and validated by City loading site and disposal site monitors.
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Payment for debris hauled will be based on the quantity of debris hauled in truck/trailer measured cubic
yards or by the ton and the distance hauled depending on where the debris is taken. Debris hauled to a
landfill will require a validated load ticket and scale house weight ticket. Drivers will be given load tickets at
the loading site by a City loading site monitor. The load ticket will include an original and four copies. The
loading site monitor will retain one (1) copy of the load ticket and give the original and three (3) copies to the
driver. The quantity of debris hauled will be estimated in cubic yards at the landfill by a City Disposal monitor
or by weight. The estimated quantity will be recorded on the load ticket. The City disposal site monitor will
retain the original of the load ticket and give the driver the remaining three (3) copies of the load ticket.
Debris taken to landfills that have certified scales will be weighed and the tonnage will be recorded on the
load ticket or will be paid based on cubic yards and the distance hauled recorded on an approved load
ticket. Payment will be made against the Contractor's invoice once the loading site and disposal site
monitor's copies match the Contractor's copies attached to the invoice.
The Contractor shall include a signed load ticket with his/her invoice as proof that the quantity claimed on
the invoice was eligible debris and was delivered to an approved disposal site. Such load tickets shall be
checked against the disposal site monitor's log of deliveries, which shall be the basis for payment.
5.10. Recycling Program
The City will consider the recycling programs that are in use at the available landfills, in the process of assigning the
Contractors to use specific disposal locations. Recycling of debris removed by the Contractor is encouraged.
5.11. Debris Collection Efficiency/Cleanliness
The Contractor is responsible for collecting and removing, from public rights-of-way and public property, all debris
that exceeds in size, weight, volume, or shape that which can reasonably be collected by the average homeowner
using a rake, broom, shovel and plastic bags. Homeowners are responsible for collecting the small residual quantities
of leaves, dirt, sawdust, twigs and similar small items of debris that can be readily put into plastic bags. Except for the
above, the Contractor will collect and remove all debris existing on a street during each pass and not leave any
debris for subsequent passes. This does not preclude the Contractor from using separate vehicles and crews to:
separate plastic bags from other vegetative debris; collecting C&D debris; collecting recyclable timber or from hauling
stumps with rootballs. The Contractor will organize his equipment and crews so that all types of debris are collected
within anyone pass.
5.12. Damages to Public or Private Property
The Contractor shall be responsible for any damage to private or public property that results from his debris collection
and removal activities. Disagreements will be settled through negotiations. Repair of damaged areas will be
performed immediately. The effected area or item will be restored to equal or better than its original condition. The
Contractor shall supply the City with semi-weekly lists showing all damage claims that have been settled and all claim
issues that remain outstanding.
5.13. Debris Removal from Drainage Systems
The Contractor may be required to remove debris from various drainage ditches, and other drainage system
components. Removal and disposal will be directed by the City Debris Manager or his designee. The City Debris
Manager will develop a scope of work for each system component including: description of debris to be removed
including quantity and/or sizes and numbers of trees, locations, photographs, access points and similar information.
The Contractor will submit lump sum cost estimates for each location with unit pricing taken from Part B of the Fee
Schedule Form (Paragraph 7.14).
5.14. Tree and Limb Removal with Specialized Equipment
The Contractor may be required to remove hazardous hanging limbs and branches that have not completely fallen to
the ground and hazardous leaning or damaged trees that are still standing. The determination of the existence of a
hazardous situation is the responsibility of the City Debris Manager or his designee and direction to proceed and
pricing will be handled in a similar manner as Debris Removal from Drainage Systems. The City Debris Manager will
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provide a detailed description of the trees or limbs to be removed and the Contractor will provide a lump sum cost
estimate based upon unit prices from Item 2.2 of Part A of the Fee Schedule Form (Paragraph 7.14). Any deviation
from these unit prices will be the subject of negotiations.
5.15. Removal of Hazardous Stumps
The Contractor may be required to remove hazardous stumps that have not been fully uprooted located within the
City maintained rights-of-way. The determination of the existence of a hazardous situation is the responsibility of the
City Debris Manager or his designee. Direction to proceed and pricing will be handled similar to Debris Removal from
Drainage Systems and Tree & Limb Removal. The City Debris Manager will provide a detailed description of the
stumps to be removed and the Contractor will provide a lump sum cost estimate based upon the unit prices from Item
2.1 of Part A of the Fee Schedule Form (Paragraph 7.14). Any deviation from these unit prices will be the subject of
negotiations.
The loading, hauling and dumping of stumps and rootballs deposited on the rights-of-way by others that are already
uprooted (not requiring extensive digging and backfill) shall be paid under Items 1.1 or 1.2, with conversion done
according to the FEMA Stump Conversion Table on Page 45. The City Debris Manager or his designee will identify
all hazardous stumps prior to removal by the Contractor.
5.16. Sand Collection and Screening
The Contractor may be required to remove debris laden sand from public rights-of-way and return to the beach.
Sand that is debris laden will require screening prior to dumping on the beach. Debris-laden sand will be hauled to a
designated location, screened, and returned to the beach. Hauling and screening of sand will be based on unit
prices from Item 3.0 of Part A of the Fee Schedule Form (Paragraph 7.14). Debris generated from screened rejects
will be hauled to a designated landfill and paid under items 1.1 or 1.2. of Part A of the Fee Schedule Form
(Paragraph 7.14).
5.17. Conversion Factors from Cubic Yards to Tons
· Mixed Debris - Vegetation and Construction & Demolition = 500 LBS/CY or CY x 0.25 = Tons
· Yard Vegetation - Soft Wood = 333.33 LBS/CY or CY x 0.167 = Tons
· Yard Vegetation - Hard Wood = 500 LBS/CY or CY x 0.25 = Tons
· Construction & Demolition = 1000 LBS/CY or CY x 0.5 = Tons
· Mulch = 1000 LBS/Cy or CY x 0.5 = Tons
· Regular Trash = 300 LBS/CY or CY x 0.15 = Tons
· Concrete = 2000 LBS/CY or CY x 1.0 = Tons
· Sand = 2600 LBS/CY or CY x 1.3 = Tons
5.18. ADDITIONAL CONSIDERATIONS
5.18.1. Contract Termination
The City Debris Manager shall have the right to terminate this contract or a part thereof before the work is
completed in the event:
· Previous unknown circumstances arise making it desirable in the public interest to void the contract.
· The Contractor(s) is not adequately complying with the specifications.
· Proper techniques are not being followed after warning notification by the City Debris Manager
· The Contractor(s) refuses, neglects, or fails to supply properly trained or skilled supervisory personnel
or workers or proper equipment of the specified quality and quantity.
· The Contractor(s), in the judgment of the City Debris Manager is unnecessarily or willfully delaying the
performance and completion of the work.
· The Contractor(s) refuses to proceed with work when and as directed by the City Debris Manager
· The Contractor(s) abandons the work.
· The Contractor(s) employs subcontract who are on the Federal debarred listing.
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5.19. CONTRACTOR(S) PETROLEUM, OIL, LUBRICANT (POL) SPILLS
5.19.1. The Contractor(s) shall be responsible for reporting to the City Debris Manager and cleaning up all
petroleum, oil, lubricant (POL) spills caused by the Contractor(s)'s operations at no additional cost.
5.19.2. Immediate containment actions shall be taken as necessary to minimize effect of any spill or leak. Cleanup
shall be in accordance with applicable Federal and local laws and regulations.
5.19.3. Spills other than on-the-site shall be reported to the National Response Center, and the City Debris
Manager immediately following discovery. A written follow-up shall be submitted to the City Debris Manager
not later than 7 days after the initial report. The written report shall be in narrative form, and as a minimum
shall include the following:
. Description of the material spilled (including identity, quantity, etc.).
. Determination as to whether or not the amount spilled is EPA/State reportable, and when and to whom
it was reported.
. Exact time and location of spill, including description of the area involved.
· Receiving stream or waters.
. Cause of incident and equipment and personnel involved.
. Injuries or property damage.
. Duration of discharge.
. Containment procedures initiated.
. Summary of all communications the Contractor(s) has had with press or other officials.
. Description of cleanup procedures employed or to be employed at the site, including disposal location
of spill residue.
. Corrective actions taken to prevent reoccurrence of similar event.
END OF SECTION
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SECTION 6
PROCESSING OF STATEMENT OF SERVICES/INVOICES
Cut-off date is the close of the business day of the 20th day of each month. Contractor shall submit by the 25th day
of each month Contractor's completed Statement of Servicesllnvoice. Should the 25th fall on a weekend or holiday,
Contractor shall submit his application on the next workday.
Contractor is advised that processing of invoices must follow this schedule, as the City has funding requirements and
other payment obligations which may prevent payment of late Statement of Services for that month's billing cycle. A
late Statement of Services with a recommendation for payment will be paid in the next month's billing cycle.
END OF SECTION
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SECTION 7
PROPOSAL RESPONSE SHEET I QUALIFICATIONS I FEE SCHEDULE FORM
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
RFP No. 08-07-01 for Emergency Debris Clearing and Removal Operations
The undersigned Proposer proposes and agrees, if this RFP is accepted, to enter into an agreement with The City of
Sunny Isles Beach in the form included in the Contract Documents to perform and furnish all Work as specified or
indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this RFP and in
accordance with the other terms and conditions of the Contract Documents.
7.1. The Proposer accepts all of the terms and conditions of the Advertisement or RFP and Instructions to
Proposers, including without limitation those dealing with the disposition of Bid Security. This proposal will remain
subject to acceptance for 90 days after the day of proposal opening. The Proposer agrees to sign and submit the
Agreement with the Bonds and other documents required by the RFP Requirements within ten (10) days after the
date of the City's Notice of Award.
7.2. In submitting this proposal, the Proposer represents, as more fully set forth in the Agreement, that:
7.2.1. Proposer has examined copies of all the Proposal Documents and of the following Addenda (receipt of all
which is hereby acknowledged.)
Addendum No. Dated:
Addendum No. Dated:
Addendum No. Dated:
Addendum No. Dated:
7.2.2. The Proposer has familiarized himself/herself with the nature and extent of the Contract Documents, Work,
site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress,
performance, or furnishing of the Work.
7.2.3. The Proposer has studied carefully all reports and drawings of subsurface conditions and drawings of
physical conditions if applicable.
7.2.4. The Proposer has obtained and carefully studied (or assumes responsibility for obtaining and carefully
studying) all such examinations, investigations, explorations, tests and studies that pertain to the subsurface
or physical conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of
the Work at the Contract Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests,
reports or similar information or data are or will be required by Proposer for such purposes.
7.2.5. Proposer has reviewed and checked all information and data shown or indicated on the Contract
Documents with respect to existing above ground and underground utilities at or continuous to the site and
assumes responsibility for the accurate location of said above ground and underground utilities. No
additional examinations, investigations, explorations, tests, report or similar information or data in respect of
said above ground or underground utilities are or will be required by Proposer in order to perform and
furnish the Work at the Contract Price, within the Contract Time and in accordance with other terms and
conditions of the Contract Documents.
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7.2.6. The Proposer has correlated the results of all such observations, examinations, investigations, explorations,
tests, reports, and studies with the terms and conditions of the Contract Documents.
7.2.7. The Proposer has given the City written notice of all conflicts, errors, discrepancies that it has discovered in
the Contract Documents and the written resolution thereof by City is acceptable to the Proposer.
7.2.8. This proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted in conformity with any agreement or rules of any group, association,
organization, or corporation. The Proposer has not directly or indirectly induced or solicited any other
Proposer to submit a false or sham proposal; the Proposer has not solicited or induced any person, firm or
corporation to refrain from proposing; and Proposer has not sought by collusion to obtain for itself any
advantage over any other Proposer or over the City.
7.3. The Proposer understands and agrees that the proposal is for time and material and unit prices to clear and
remove debris generated by a hurricane, tornado, or other natural or man-made debris generating event. Estimates
are provided for the purposes of Proposal Evaluation and to establish unit prices for individual Work Items to be
contracted by the City under individual Task Orders, based on the time and material and/or unit prices established
under this proposal. The City and the successful Proposer will establish completion times for each individual Task
Order and the successful Proposer agrees that the work will be completed within the time frames agreed upon and
stipulated in the individual Task Orders and/or Notice to Proceed.
7.4. Communications concerning this Proposal shall be addressed to:
Proposer Name:
Address:
Telephone
Fax
Attention:
7.5. The terms used in this proposal which are defined in the General Conditions of the Contract included as part
of the Contract documents have the meanings assigned to them in the General Conditions.
7.6. QUALIFICATION
7.6.1. Contractors will be evaluated for this project based on a two-step process.
Step I. Contractors must demonstrate that they satisfy Mandatory Qualification as outlined in Section 3, Section 4
and Section 9. All proposals will be screened for compliance with mandatory qualification elements, such as
the required statements of compliance. Those that satisfactorily complete that screening process will proceed
to Step II.
Step II. Contractors will be evaluated in accordance with the criteria set forth in Section 62.8 of the City
Code. The contract will be awarded by the City to the lowest responsible and responsive proposer who
proposal best serves the interests of, and represents the best value to, the City pursuant to the criteria set
forth in Section 62-8 of the City Code. Price is only a factor in determining the lowest responsible and
responsive proposer.
7.62. General
The City of Sunny Isles Beach intends to enter into a pre-positioned contract with at least one prime
Contractor who may utilize both local and non-local resources to provide services in the event of activation by
the City following a hurricane, tornado or other natural or man-made disaster. The period of the contract will be
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for three (3) years with two (2) one (1) year options for a total of five (5) years with an annual re-
certification and price adjustment based on 80% of the Consumer Price Index for the Greater Miami-Dade
County Area.
The project consists of post-disaster debris management within the City limits in two parts.
. Part 1 is "Debris Clearance (for access) from Public Rights-of-way and Public Property," consisting of only
pushing debris from the traveled way of city streets and public facilities to open one lane for emergency
vehicles. This work will be performed on a Time and Material price bases limited to no more than 70 hours
of actual work.
· Part 2 is "Debris Removal Operations," consisting of loading and hauling debris from public rights-of-way to an
approved landfill. This work will be performed on a Unit Price bases documented by valid load tickets.
When identifying resources to be made available under this contract, Contractor shall use a planning standard
approach. Specifically, Contractor must identify the expected sources and quantities/numbers of equipment and
personnel that will be engaged. Contractor must identify sufficient resources to ensure the availability of personnel
and equipment as necessary to initiate all required activities within 24 hours of being so directed and any additional
resources that might be necessary to have all required actions completed within the time frames specified
herein. For the purpose of identification of Contractor/Subcontractors a general equipment/personnel
inventory will suffice. For Subcontractors, a statement of their commitment to provide resources for this project must
be included in the submittal. The planning standard to be used is removal and disposal of approximately 40,000
cubic yards of mixed debris within a prescribed operating period of not more than 30 days.
7.7. SEE SECTION 3, INSTRUCTIONS TO PROPOSER FOR PROPOSAL PROCESS, SECTION 4,
GENERAL PROVISIONS, and SECTION 9, PROPOSER QUALIFIER STATEMENT
7.8. EVALUATION OF PROPOSALS
7A1. Potential Contractors will be evaluated for the project based on evidence and statements of
complianceflntent provided in their Proposals. First, the City will determine which Contractors are capable of
entering into a contract with the City by satisfying Mandatory Qualification and as outlined in Section 3, Section 4,
and Section 9 thus making them eligible for consideration. Then, the City will determine which eligible
Contractors satisfy the Project Requirements, thus deeming them qualified for the project. Only qualified
Contractors will move on to the second stage of the evaluation, Le. consideration of their Project Approach and
Fee Proposals for the services described by this RFP package.
7 J32. The City reserves the right to deny consideration to any Contractor that does not satisfy the Mandatory
Qualification Criteria or is not capable of satisfying the Project Requirements. However, the City may waive defects,
irregularities or informalities in the qualification process or in any response to the process that, in the City's
opinion, seems advantageous to the City and in the best interest of the public.
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7.9. STANDARD SPECIFICATIONS FOR DEBRIS REMOVAL
7.9.1. Scope of Work: Work consists of hurricane, tornado or major disaster debris clearing and removal from public
property and the public rights-of-way within the City limits and proper disposal of the debris. The work consists of
loading and hauling debris from public rights-of-way to an approved landfill.
7.92. Preparedness: Key personnel, proposed by the Contractor under the pre-qualification process, must participate in
the City's annual disaster preparedness training activities, a maximum of two (2) days each year at no cost
to the City.
7.9.3. Prepositioning: Upon activation of the contract, contractor must provide a two-person management team
on-site within 12 hours of receipt of the Notice to Proceed. The purpose is to initiate actions necessary to
ensure that contractor resources will be able to begin recovery operations within 24 hours of receiving the Notice -
to Proceed from the City.
7.9.4. Inspection of Debris: As soon as possible after the disaster event has subsided, the Contractor must make a
detailed and thorough on-site inspection of debris to be removed, and consider (1) amounts and types of
debris; (2) working conditions such as traffic, street/road width, and land use; (3) means to ingress and
egress to work areas; and (4) all other factors affecting the removal and disposal work.
7.9.5. Coordination: Debris removal is limited to that which is determined by the City Debris Manager to be in the best
public interest and that which is considered essential to the economic recovery of the affected area. The City
Debris Manager will determine priorities for debris removal. The Contractor must coordinate closely with and take
direction from the City Debris Manager. The Contractor must coordinate with other contractors and other public
and private entities also performing recovery operations.
7.9.6. City Limits: Work is limited to specified areas within the City of Sunny Isles Beach.
7.9.7 Quality Assurance: Work will be closely monitored by City personnel, and/or its designee. The Contractor
must cooperate with all monnors representing the City and the Federal Emergency Management Agency (FEMA).
7.10. DEBRIS REMOVAL
7.10.1. General: The goal of the debris removal work is to clear, load, and haul debris from public property and the public
rights-of-way to an approved landfill. In general, but not exclusively, this consists of curbside debris removal on
City property. The types of debris to be removed include, but are not limited to trees, woody debris, brush, building
wreckage, construction and demolition debris (C&D), and personal property and household goods on public property
or in public rights-of-way. Hazardous materials are not covered by this scope of work.
7.102. Preparation/Submittal: Prior to commencing any removal work, the beds of all hauling vehicles must be
measured to determine their fully loaded capacities. All measurements must be made by a joint City or its
designee/Contractor team. The vehicles must be marked externally with the owner/operator's name, the contract
number, vehicle ID number and the fully loaded capacity. Those markings must be clearly visible on both sides of
the vehicle. Those markings must be placed on both sides and the front wall of the bed. Markings must be
certified by the City or its designee and Contractor. A list of all vehicles, with the owner/operator's name, vehicle ID
number and hauling capacity must be submitted to the City Debris Manager before the vehicles are placed in
service. The City will provide five (5) part load tickets for each vehicle at each debris loading site. The load
tickets must be presented to the City's monitor at the designated disposal site.
7.10.3. Hazardous Materials: Hazardous and toxic wastes will be loaded, hauled, and disposed of by others and are
excluded from this work. The City may execute a separate hazardous materials removal and disposal contract;
however, collection schedules may not necessarily coincide with the debris removal work. Hazardous materials
include chemicals, petroleum products, paint products, asbestos, power transformers, oxygen bottles,
propane tanks, batteries, industrial and agricultural chemicals, cleaning agents and similar hazardous,
dangerous or toxic materials. Some preliminary curbside separation will be attempted, but contractor must be
aware that hazardous materials might be commingled with debris. Contractor shall take every precaution to
avoid loading and hauling hazardous materials. Notwithstanding, contractor forces must be aware of the
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appropriate safety precautions. Further, Contractor will be responsible for safe and proper handling of any
hazardous materials inadvertently loaded by contractor forces. Contractor forces must notify the City Debris
Manager of locations where hazardous materials are encountered.
7.10.4. Other Non-Collection Items: The following items must not be removed or hauled to the designated disposal
sites:
· Household putrescible garbage
· Electric company transformers, poles and other equipment and materials
· Telephone company transformers, poles and other equipment and materials
· Traffic signs, signals, and appurtenances
· Debris on private property
· Vehicles, boats and trailers
· Household Hazardous Waste
Curbside collection of household putrescible garbage will be handled by the usual public and private haulers.
Household garbage must not be mixed with storm debris. All utility equipment, traffic signs and signals that are
encountered must be moved to a visible, accessible location at or near curbside for disposition by utility
companies or the City.
Privately owned vehicles may not be moved by the Contractor. The Contractor will advise the City Debris
Manager accordingly when removal of vehicles is necessary to continue debris removal operations.
7.10.5. Debris Removal: During debris removal operations, extreme caution must be exercised by the Contractor to
ensure that no damage is done to public or private properties. Tracked vehicles may not be operated on paved
surfaces.
7.10.6. Loading: All loose debris, such as tree limbs, must be reasonably compacted on the hauling vehicles during
loading. All debris extending beyond the vehicle in any horizontal direction must be cut off or otherwise removed.
7.10.7. Hauling: All vehicles utilized in hauling debris must be equipped with adequate means for containing the load,
including canvas covering while transporting the debris to the landfill. Covering must effectively prevent debris from
being blown or bounced off the vehicles.
Sideboards or other extensions to the bed will be permitted provided they meet state and local requirements,
cover front, back, and two sides, and are substantially constructed. Sideboards must be constructed of 2" x 6" lumber
or greater and may extend no more than two (2) feet beyond the metal bed sides. Vehicles must be equipped with a
tailgate or other devices that will effectively contain the debris on the vehicle while hauling, and also permit the
vehicle to be loaded to capacity.
7.10.8. Dumping: All debris must be hauled to an approved landfill. The Contractor must make every effort possible to
separate trees, woody debris, and brush from other types of debris at curbside. All trees, woody debris, and
brush will be accepted at the designated landfill. Construction and demolition debris must be similarly
segregated and transported.
7.10.9. Equipment Storage: The Contractor is responsible for locating areas where his/her equipment may be stored,
serviced and repaired and coordinating with the City if said location is in the City limits. Such areas must not be
located within rights-of-way or in any areas that would impact traffic flow or produce a safety hazard. This does
not preclude parking equipment for short periods of time, including ovemight, in right-of-way areas where work is in
progress; on-site refueling and operating checks including daily maintenance will be allowed.
41
.....
7.11. SCHEDULE
7.11.1. Removal Operations: Must begin within 24 hours of receiving the Notice-to-Proceed and be functioning at 100% of
capacity within 2 days. Removal may begin earlier if adequate disposal sites are available and properly
prepared. The City reserves the right to increase or decrease the scope of the removal activity as he/she deems
necessary to ensure effective management of the overall debris removal/disposal operations.
7.112. Working Hours: Unless otherwise permitted by the City, working hours for removal operations shall be limited
to daylight hours.
7.12. EXTRA WORK
At the City's option, the scope of work may be expanded to include Federal Aid System roadwyays, public parks, other
recreational areas, drainage structures, and channels.
7.13. UNIT PRICE PER CUBIC YARD OR TON BASIS OF MEASUREMENT AND PAYMENT
7.13.1. Debris removal will be paid for on the basis of a unit price per cubic yard or by the ton for all debris loaded,
hauled, and dumped at an approved landfill. The unit price per cubic yard or ton must include all subsidiary costs,
including but not limited to labor, equipment, fuel, maintenance, general administration, and overhead and profit.
Compensation will be based solely on the volume of debris hauled as documented by completed load tickets
administered and validated by City monitors.
7.13.2. The following conversion factors will be used to convert from cubic yards to tons unless material is weighed at
certified scales, in which case, the net weight of the materials shall prevail:
. Mixed Debris - Vegetation and Construction & Demolition = 500 LBS/CY or CY x 0.25 = Tons
· Yard Vegetation - Soft Wood = 333.33 LBS/CY or CY x 0.167 = Tons
. Yard Vegetation - Hard Wood = 500 LBS/CY or CY x 0.25 = Tons
. Construction & Demolition = 1000 LBS/CY or CY x 0.5 = Tons
· Mulch = 1000 LBS/Cy or CY x 0.5 = Tons
· Regular Trash = 300 LBS/CY or CY x 0.15 = Tons
· Concrete = 2000 LBS/CY or CY x 1.0 = Tons
· Sand = 2600 LBS/CY or CY x 1.3 = Tons
42
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Part B - Hourly Prices
Equipment and labor Rates
Equipment Type Typical Hourly Hourly Total
Clearing Equipment labor Hourly
Crew Rate Rate Rate
Makeup
Bobcat Loader
Bucket Truck
Chipper/Mulcher (8" throat)
Chipper/Mulcher (12" throat)
Crew Foreman w/Cell Phone and Pickup
Dump Truck, 18 CY-20 CY
Dump Truck, 21 CY-30 CY
Grader w/12' Blade
Hydraulic Excavator, 1.5 CY
Hydraulic Excavator, 2.5 CY
Knuckleboom Loader
Laborer w/Chain Saw
Laborer w/small tools, traffic control, flag person
Lowboy Trailer wffractor
Mobile Crane (Adequate for hanqinq limbs/leaninq trees)
Operations Manager w/Cell Phone and Pickup
Pickup Truck, 1/2 Ton
Traffic Control, Temporary Sinqle Lane Closure
Tree Climber s/Chainsaw
Wheel Loader, 2.5 CY, 950 or similar
Wheel Loader, 3.5 - 4.0 CY, 966 or similar
Wheel Loader, 4.5 CY, 980 or similar
Wheel Loader-Backhoe, 1.0 - 1.5 CY
Other - Please List
Notes:
Note 1. Total Time and Material Prices shall include all labor (operators, laborers, and supervisors), equipment and materials including but not limited
to: supplies, equipment maintenance, repairs, repair parts, fuels, lubricants, cellular phones, transportation, traffic control and housing, if required,
necessary to accomplish the project.
Note 2. Identify the EquipmentlPersonnel that constitute a Typical Clearing Crew in the column provided
The Contractor will provide (number) of crews dedicated to perform the Work within the first 24
hours following Notice to Proceed.
The Contractor will provide (number) of crews dedicated to perform the Work within the first 48
hours following Notice to Proceed.
45
SUBMITTED THIS
DAY OF
,20
If PROPOSER is: AN INDIVIDUAL
By:
Doing business as:
Business address:
Phone No:
Facsimile No:
(SEAL)
(Individual's Name)
If PROPOSER is: A PARTNERSHIP
By:
General Partner:
Business address:
Phone No:
Facsimile No:
(SEAL)
(Firm's Name)
If PROPOSER is: A CORPORATION
By:
State of Incorporation:
Representative:
Title:
Business address:
Phone No:
Facsimile No:
Attest:
(Corporate Seal)
(Corporation's Name)
(Name of Person Authorized to Sign)
(President)
If PROPOSER is: A JOINT VENTURE
(Name)
(Address)
(Name)
(Address)
(Each joint venture must sign. The manner of signing for each individual, partnership, and corporation that is a party
to the joint venture should be in the manner indicated above.)
DOCUMENT CONTINUES ON NEXT PAGE
46
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
STATE OF
COUNTY OF
I HEREBY CERTIFY that a meeting of the Board of Directors of the
a corporation existing under the laws of the State of
, held on
,20_,
the following resolution was duly passed and adopted:
"RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Proposal dated,
, 20_ , to the City of Sunny Isles Beach and this corporation and that their execution
thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and
deed of this Corporation."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this
, day of , 20_.
Secretary:
(SEAL)
DOCUMENT CONTINUES ON NEXT PAGE
47
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
STATE OF
COUNTY OF
I HEREBY CERTIFY that a meeting of the Board of Directors of the
a corporation existing under the laws of the State of
20_, the following resolution was duly passed and adopted:
, held on
"RESOLVED, that, , as of the Partnership, be and is hereby
authorized to execute the Proposal dated, 20, to the City of Sunny Isles
Beach and this partnership and that their execution thereof, attested by the
shall be the official act and deed of this Partnership,"
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this
,dayof_,20
Secretary:
(SEAL)
DOCUMENT CONTINUES ON NEXT PAGE
48
-
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
STATE OF
COUNTY OF
I HEREBY CERTIFY that a meeting of the Principals of the
a corporation existing under the laws of the State of
20_, the following resolution was duly passed and adopted:
, held on
"RESOLVED, that, as
Venture be and is hereby authorized to execute the Proposal dated,
Isles Beach official act and deed of this Joint Venture,"
of the Joint
20_, to the City of Sunny
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this
20_.
, day of
Secretary:
(SEAL)
END OF SECTION
49
-
SECTION 8
BID BOND
STATE OF FLORIDA
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and
, as Surety, are held and firmly bound unto the
City of Sunny Isles Beach, a municipal corporation of the State of Florida in the sum of
Dollars ($ ), lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid
dated, 2008 for:
WHEREAS, it was a condition precedent to the submission of said Bid that a cashier's check or Bid Bond in the
amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the Proposer would, if
awarded the Contract, enter into a written Contract with the City for the performance of said Contract, within ten (10)
consecutive calendar days after written notice having been given of the Award of the Contract.
NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive
calendar days after written notice of such acceptance, enters into a written Contract with the City of Sunny Isles
Beach and furnishes the Performance and Payment Bonds, satisfactory to the City, each in an amount equal to one
hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation
shall be void; otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the
Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United
States of America, as liquidated damages for failure thereof of said Principal.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this
day of ,2008, the name and the corporate seal of each corporate party
being hereto affixed and these presents being duly signed by its undersigned representative.
DOCUMENT CONTINUES ON NEXT PAGE
50
IN PRESENCE OF:
Individual or Partnership Principal
Affix Corporate Seal
Business Address
City, State, and Zip Code
Business Telephone
Business Facsimile
ATTESTED:
Secretary
(Corporate Surety)*
By:
'Impress Corporate Seal
IMPORTANT
Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as
amended) and be authorized to transact business in the State of Florida.
END OF SECTION
51
SECTION 9
PROPOSER QUALIFICATION STATEMENT
The Proposer's response to this questionnaire will be utilized as part of the City's overall Proposal Evaluation and
Contractor selection.
The undersigned guarantees, by signature, the truth and accuracy of all statements and the answers contained
herein.
9.1. Please describe your company in detail.
9.2. The address of the principal place of business is:
9.3. Company telephone number:
9.4. Number of employees:
9.5. Number of employees assigned to this project:
9.6. Company's Identification Number(s) for the Internal Revenue Service:
9.7. Miami-Dade County and City of Sunny Isles Beach Occupational License Number(s):
9.8. How many years has your organization been in business?
9.9. What similar engagements is your company presently working on? If none, write "none".
52
9.10. Have you ever failed to complete any work awarded to you? If so, where and why?
9.11. The work described in this project is to occur within public right-of-ways, parks, public facilities, and
buildings. List similar governmental or quasi-governmental projects for which you have completed or have on-going
services. If none, write "none".
PROJECT 1 :
Project Name/Location
Owner Name
Contact Person
Contact Telephone No.
Yearly Budget/Cost
Dates of contract From:
PROJECT 2:
Project Name/Location
Owner Name
Contact Person
Contact Telephone No.
Yearly Budget/Cost
Dates of contract From:
PROJECT 3:
Project Name/Location
Owner Name
Contact Person
Contact Telephone No.
Yearly Budget/Cost
Date s of Contract From:
To:
To:
To:
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9.12. List the following information concerning all contracts in progress as of the date of submission of this
Proposal. (In case of joint venture, list the information for all joint ventures.) If none, write "none",
Project Owner Total Contracted Percentage
Name Contract Date of of
Value Completion Completion
(to date)
9.13. Has the Proposer or hislher representative inspected the public right-of-ways, parks, public facilities, and
buildings; and does the Proposer have a complete plan for its performance?
9.14. Will you Sub-Contract any part of this work?
If so, give details including a list of each Sub-Contractor that will perform work and the work that will be
performed by each Sub-Contractor.
Classification of Work
Name and Address of Sub-Contractor
If, prior to Notice of the Award, the City or the Contractor has reasonable objection to and refuses to accept any
Supplier, person or organization listed, the Proposer may, prior to Notice of Award, submit an acceptable substitute
without an increase in their fee price.
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9.15. State the name of your proposed staff supervisor and give details of his/her qualifications and experience in
managing similar work.
9.16. State the true, exact, correct and complete name of the partnership, corporation or trade name under which
you do business and the address of the place of business. (If a corporation, state the name of the president and
secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do
business under the trade name.)
9.16.1. Correct name of the Proposer is:
9.16.2. The business is a (Sole Proprietorship) (Partnership) (Corporation).
9.16.3. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as
follows:
9.16.4. List all organizations which were predecessors to Proposer or in which the principals or officers of the
Proposer were principals or officers. If none, write "none".
9.17. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the
Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the
description the disposition of each petition. If none, write "none".
9.18. List and describe all successful Bid, Performance or Payment Bond claims made to your surety (ies) during
the last three (3) years. The list and descriptions should include claims against the bond of the Proposer and its
predecessor organization(s). If none, write "none".
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9.19. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its
predecessor organization(s) during the last three (3) years. The list shall include all case names; case, arbitration or
hearing identification numbers; the name of the project. If none, write "none",
Dated this
day of
,2008.
BY:
Signature
Print Name
Title
The foregoing instrument was acknowledged before me this _ day of
, 2008 by
(AFFIX NOTARY STAMP HERE)
Notary Public - State of Florida
Print or Type Commissioned Name
Personally Known
Produced Identification
OR
; Type of Identification Produced
END OF SECTION
56
SECTION 10
NON-COLLUSION AFFIDAVIT
STATE OF FLORIDA
COUNTY OF
The undersigned being first duly sworn as provided by law, deposes, and says:
10.1. This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach
City Commission and that it will be relied upon by said County, in any consideration which may give to and any action
it may take with respect to this proposal.
10.2. The undersigned is authorized to make this Affidavit on behalf of,
(Name of Corporation, Partnership, Individual, etc.)
a,
, formed under the laws of
(Type of Business)
(State)
of which he is
(Sole Owner, Partner, President, etc.)
10.3. Neither the undersigned nor any person, firm, or corporation named in above Paragraph 11.2, nor anyone
else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable
action for this proposal by the City, also that no head of any department or employee therein, or any officer of the City
of Sunny Isles Beach, Florida is directly interested therein.
10.4. This proposal is genuine and not collusive or a sham; the person, firm or corporation named above in
Paragraph 11.2 has not colluded, conspired, connived or agreed directly or indirectly with any proposer or person,
firm or corporation, to put in a sham proposal, or that such person, firm or corporation, shall refrain from Proposing,
and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference
with any person, firm or corporation, to fix the prices of said proposal or proposals of any other proposer; and all
statements contained in the proposal or proposals described above true; and further; neither the undersigned, nor the
person, firm or corporation named above in Paragraph 11.2, has directly or indirectly submitted said proposal or the
contents thereof, or divulged information or data relative thereto, to any association or to any member or agent
thereof.
AFFIANT'S NAME
AFFIANT'S TITLE
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _ day of
,2008.
Personally Known
Type of identification
or Produced Identification
(Affix seal here)
NOTARY PUBLIC (name printed or typed)
END OF SECTION
57
SECTION 11
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a 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 to perform Work as a Contractor, supplier, Sub Contractor, or Consultant under a
Contract with any public entity, and may not transact business with any public entity in excess of the threshold
amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted
vendor list".
CONFLICTS OF INTEREST
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers
must disclose with their Fee, the name of any officer, director, partner, associate or agent who is also an officer or
employee of the City of Sunny Isles Beach or its agencies.
58
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SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
11.1. This sworn statement is submitted to City of Sunny Isles Beach City
Commission
by
[print individual's name and title]
for
[print name of entity submitting sworn statement]
whose business address is:
and (if applicable) its Federal Employer Identification number (FEIN) is
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement: .)
11.2. I understand that a "public entity crime" as defined in Paragraph 287.133(1 )(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of business with
any public entity or with an agency or political subdivision of any other state or with the United States, including, but
not limited to, any Proposal or Contract for goods or services to be provided to any public entity or an agency or
political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion,
racketeering,
conspiracy, or material misrepresentation.
11.3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1) (b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state
trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
11.4. I understand that an "affiliate" as defined in Para. 287.133(1) (a), Florida Statutes, means: a.) predecessor
or successor of a person convicted of a public entity crime; or b.) Any entity under the control of any natural person
who is active in the management of the entity and who has been convicted of a public entity crime. The term
"affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who
are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest
in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's
length agreement, shall be a prime facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
11.5. I understand that a "person" as defined in Para. 287.133(1) (e), Florida Statutes, means any natural person
or entity organized under the laws of any state or of the United States with the legal power to enter into a binding
Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or
which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those
59
officers, directors, executives, partners, shareholders, employees, members, and agents who are active in
management of any entity.
11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. (Indicate which statement applies.)
_ Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the
entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
_ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the
entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
_ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the
entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has
been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings
and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the
Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity
submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC
ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS
FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO
UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
By:
(Signature)
(Printed Name)
(Title)
Sworn to and subscribed before me this _ day of
, 20_, by
(AFFIX NOTARY STAMP HERE)
Signature: Notary Public - State of Florida
Print or Type Commissioned Name
Personally Known OR Produced Identification
Type of Identification Produced
END OF SECTION
60
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SECTION 12
NOTICE OF AWARD
TO:
PROJECT DESCRIPTION: EMERGENCY DEBRIS CLEARING AND REMOVAL OPERATIONS Contract
RFP No.
The City has considered the proposal submitted by you for the above described Work in response to its
Request for Proposals and Instruction to Proposers.
You are hereby notified that your Proposal has been accepted for the Emergency Debris Clearing and Removal
Operations Contract
RFP # , in the estimated amount of $
You are required by the Instruction to Proposers to execute the Agreement and furnish the required Contractor's
Performance Bond, Payment Bond and Certificates of Insurance within ten days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said Bonds and Insurance within ten days from the date of this
Notice, the City will be entitled to disqualify the Proposer, revoke the award and retain the Proposal Security.
Dated this _ day of
,2008
BY:
A. John Szerlag, City Manager
ACCEPTANCE OF NOTICE OF AWARD
Receipt of the above Notice of Award is hereby acknowledged by
this day of , 2008.
BY:
TITLE:
You are required to return an acknowledged copy of this Notice of Award to the City.
END OF SECTION
61
SECTION 13
DRAFT AGREEMENTCITY OF SUNNY ISLES BEACH
EMERGENCY DEBRIS CLEARING AND REMOVAL OPERATIONS
WITH
CONTRACT NO: C0708-_
THIS SERVICE AGREEMENT ("Agreement") made and entered into this day ,2008, by and between the
CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred as
to "City"), and , a , authorized to do
business in the State of Florida (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, Contractor has expressed the ability and desire to provide Services, subject to the terms and conditions
contained herein, and has submitted a proposal to the City as more fully described in Attachment "A", which is
attached hereto and made a part hereof; and
WHEREAS1 the City's Code provides that any purchase in excess of $25,000.00 requires City Commission approval
and compliance with the City's procurement code, which mandates that such purchases must be awarded by
competitive Proposing, with certain limited exceptions; and
WHEREAS, in response to the City's Request for Proposal No. 08-07-01 and Resolution No. , the City has
qualified and selected to be the City's Emergency Debris Clearing and Removal
Operations contractor.
NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties
and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties
agree as follows:
13.1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part
hereof for reference.
13.2. SERVICES. Contractor shall provide to the City, Emergency Debris Clearing and Removal Operations
services as more particularly described in Attachment "A" attached hereto and made a part hereof.
13.3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, this
Agreement shall be for a term of three (3) years with two (2) options to renew this Agreement for one (1) year each,
and shall commence upon execution by both parties and the issuance of a Notice of Award. The contract will require
an annual re-certification and price adjustment based on 80% of the Consumer Price Index (CPI) for the Greater
Miami-Dade County Metropolitan Area.
13.4. COMPENSATION. Payment to Contractor for all charges under this Agreement shall be in accordance with
this Agreement and the Fee Schedule reflected in Attachment "8". Contractor shall submit invoices on a monthly
basis within ten (10) days following the end of each calendar month. City shall pay Contractor only for Services
actually performed. The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses,
permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the
prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the
62
uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with
Contractor.
13.5. LIQUIDATED DAMAGES All Parties agree that time is of the essence. The Contractor must provide
sufficient equipment and labor to accomplish clearing of primary rights-of-way within 24 hours of receiving Notice to
Proceed. Failure provide the specified equipment, labor and materials, and to initiate the work staffed and equipped
in accordance with the equipment schedules at 50% capacity within the first 24 hours, and 100% capacity within the
first 48 hours following Notice to Proceed, shall result in the Contractor remitting to the City liquidated damages in the
amount of the cost per hour of each crew as defined in Part B of the Fee Schedule Form for each hour exceeding the
24 hour cutoff where the Contractor is failing to operate, or is operating at less than the response levels specified
herein, plus 25% of the hourly rate as a premium to secure additional work crews from other resources to complete
the work immediately following the disaster.
13.6. AVAILABILITY OF FUNDS. The City's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation for its purpose by the City Commission.
13.7. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall
be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be
construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other
capacity other than as an independent contractor other than those obligations which have been or shall have been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as
contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor.
The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such
obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its
own transportation, office and other supplies as it determines necessary in carrying out its duties under this
Agreement.
13.8. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to
this Agreement and related Services to this Agreement are intended and represented for the ownership of the City
only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor
shall deliver the documents to the City within fifteen (15) calendar days.
13.9. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its officers, agents, and
employees from, and against, any and all claims, actions, liabilities, losses and expenses including, but not limited to,
attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in
equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful
conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the
Contractor's performance of Services pursuant to that Agreement and to that extent the Contractor shall pay such
claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such
claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all
costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties
agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Contractor for
this indemnity. Contractor shall, at its own sole cost and expense, during the period of any work being performed
under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and
Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, Contractor's or
employees, as more particularly set forth below:
General liability insurance, including broad form contractual liability coverage for all operations, including but
not limited to, contractual, products, and completed operations, personal injury and property damage liability
with minimum limits of Five Million Dollars ($5,000,OOO) combined single limit occurrence.
63
Worker's compensation insurance at the statutory amount to apply for all employees in compliance with the
"Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the
policy(ies) must include: Employers' Liability at the statutory coverage amount. The Contractor shall further
insure that all of its Sub- Contractors maintain appropriate levels of worker's compensation insurance.
Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for
minimum limits of not less than One Million Dollars ($1,000,000) per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability.
Such insurance shall not diminish Contractor's indemnification obligations hereunder. The insurance policy shall be
issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City
and shall be endorsed to be primary over any insurance, which the City may maintain. Prior to the execution of this
Agreement, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the
minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional
insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms
and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies
and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar
days prior to written notice to the City's Risk Management Department. The City reserves the right from time to time
to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder.
13.10. TERMINATION.
If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise
violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to
terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the
City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10)
days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement.
In the event of termination, all finished and unfinished documents, data and other work product prepared by
Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all
Services satisfactorily performed prior to the date of termination, as provided in Paragraph 13.4 herein.
Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it
by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is
determined.
Termination for Convenience of City. The City may, for its convenience and without cause terminate the
Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The
terms of Paragraph 13.12 shall be applicable hereunder.
Termination for Insolvencv. The City also reserves the right to terminate the remaining Services to be
performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any
assignment for the benefit of creditors.
13.11. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises
hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules
and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and
binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having
jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees
incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party
shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined
by the court on confirmation.
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13.12. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any
time for a period of ten (10) years subsequent to that date upon which the Contractor shall leave the employment of
the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the
Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation
by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate
remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or
in equity, to enjoin the Contractor in a court of equity for violating such provisions.
13.13. NOTICES: All notices and other communications required or permitted to be given under this Agreement by
either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or
registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a
nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognized courier service), addressed to such party as follows:
If to the City: A. John Szerlag With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Ave. City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160 18070 Collins Avenue
Ph: 305-792-1701 Sunny Isles Beach, Florida
33160
Ph: 305-792-1702
If to the Contractor:
13.14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. Venue shall be in Miami-Dade County, Florida.
13.15. AUDIT. The Contractor shall make available to the City or its representative all required financial records
associated with the Agreement for a period of three (3) years.
13.16. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and
with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1
of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973,
the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed,
religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to
public assistance. The Contractor will take affirmative action to insure that all employment practices are free from
such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of
compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the City setting forth the
provisions of this nondiscrimination clause.
65
The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally
assisted program.
13.17. FEDERAL AID CONTRACTING REQUIREMENTS. The Contractor agrees to comply with the terms and
conditions of Federal Highway Administration form 1273 which has been physically incorporated into this Agreement
as Section 23.
13.18. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami- Dade
County Conflict of Interest Ordinance Section 2-11.1, as amended and by the City of Sunny Isles Beach Ordinance
No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement
conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly which should conflict in any manner or degree with the performance of the Services.
The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall
knowingly be employed by the Contractor. No member of, or delegate to the Congress of the United States shall be
admitted to any share or part of this Agreement or to any benefits arising there from.
13.19. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting
provisions that are contained in any other document.
13.20. ENTIRE AGREEMENT. This Agreement and the Contract Documents as defined in Section 4 of the RFP
Specifications, contain the entire agreement of the parties, and may be amended, waived, changed, modified,
extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change,
modification, extension and/or rescission is sought.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first
written above.
WITNESSES:
COMPANY'S NAME
BY:
Company
CITY OF SUNNY ISLES BEACH
ATTEST:
BY:
BY:
Jane A. Hines, CMC, City Clerk
Norman S. Edelcup, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Hans Ottinot, City Attorney
END OF SECTION
66
SECTION 14
NOTICE TO PROCEED
TO:
DATE:
PROJECT DESCRIPTION: Emergency Debris Clearing and Removal Operations Services Contract,
RFP No. 08-07-01, in accordance with Contract Documents.
You are hereby notified to commence Work upon receipt of a written Task Order from the Engineering & Public
Works Director, Rick Conner or his authorized representative, in accordance with the Agreement dated
BY:
A. John Szerlag, City Manager
ACCEPTANCE OF NOTICE TO PROCEED
Receipt of the above Notice to Proceed is hereby acknowledged by
this
day of
,2008.
BY:
TITLE:
You are required to return an acknowledged copy of this Notice to Proceed to the City.
END OF SECTION
67
SECTION 15
FORM OF PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we,
as Principal, hereinafter called Contractor, and, as Surety,
are bound to the City of Sunny Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of [type in
amount ] Dollars ($ ) for the payment whereof Contractor and Surety
bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Contract No. [type in RFP
No. ], awarded the day of , 2008, with in accordance
with contract documents prepared by the City of Sunny Isles Beach, which Contract is by reference made a part
hereof, and is hereafter referred to as the Contract;
THE CONDITION OF THIS BOND is that if the Contractor:
15.1. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay
and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor),
expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains
because of default by Contractor under the Contract; and 15.2. Promptly makes payments to all claimants as defined
by Florida Statute 255.05(1) supplying Contractor with all labor, materials and supplies used directly or indirectly by
Contractor in the prosecution of the Work provided for in the Contract, then this obligation shall be void; otherwise, it
shall remain in full force and effect subject, however, to the following conditions:
15.2.1. A claimant, except a laborer, who is not in privity with the Contractor and who has not received
payment for their labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish
labor, materials, or supplies for the prosecution of the Work, furnish to the Contractor a notice that they
intend to look to the Bond for protection.
15.2.2. A claimant who is not in privity with the Contractor and who has not received payment for their
labor, materials, or supplies shall, within ninety (90) days after performance of the labor, or after complete
delivery of the materials or supplies, deliver to the Contractor and to the Surety, written notice of the
performance of the labor or delivery of the materials or supplies and of the non-payment.
15.2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety
unless the notices stated under the preceding paragraphs 15.2.1 and 15.2.2 have been given.
15.2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations
provisions prescribed in Section 255.05(2), Florida Statutes.
68
-
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract or the changes do not affect the
Surety's obligation under this Bond.
Signed and sealed this day
of
,2008.
WITNESS:
BY:
(Name of Corporation)
Secretary
(Signature)
(CORPORATE SEAL)
(Type Name and Title Signed Above)
IN THE PRESENCE OF; INSURANCE COMPANY:
BY:
* Agent and Attorney-in-Fact
* (Power of Attorney must be attached)
(Address)
(City/State/Zip Code)
(Telephone)
STATE OF FLORIDA
COUNTY OF
,
[name of person], as
AFFIX NOTARY STAMP HERE:
Signature: Notary Public - State of Florida
Print or Type Commissioned Name
Personally Known OR Produced Identification
Type of Identification Produced
69
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the corporation named as Principal in
the foregoing Payment Bond; that, who signed the Bond on behalf of the Principal, was then of said corporation; that
I know his/her their signature; and his/her their signature thereto is genuine; and that said Bond was duly signed,
sealed and attested to on behalf of said corporation by authority of its governing body.
(CORPORATE SEAL)
NAME OF CORPORATION
SECRETARY OF CORPORATION
END OF SECTION
70
SECTION 16
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we, , as
Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Sunny
Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, RFP No , awarded
the day of , 2008 , with in accordance with contract
documents prepared by the City of Sunny Isles Beach, which Contract is by reference made a part hereof, and is
hereafter referred to as the Contract;
T
HE CONDITION OF THIS BOND is that if the Contractor:
16.1. Fully performs the Contract between the Contractor and the City for (RFP No.
) within calendar days after the date of Contract commencement as specified in the
Notice to Proceed and in the manner prescribed in the Contract; and
16.2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay
and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor),
expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains
because of default by Contractor under the Contract; and
16.3. Upon notification by the City corrects any and all defective or faulty Work or materials which appear within
one and one half (1 1/2) years, and:
16.4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the
Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and declared by City
to be, in default under the Contract, the City having performed City's obligations thereunder, the Surety may promptly
remedy the default, or shall promptly:
16.4.1. Complete the Contract in accordance with its terms and conditions; or
16.4.2. Obtain a Proposal or Proposals for completing the Contract in accordance with its terms and
conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive
Proposer, or, if the City elects, upon determination by the City, and Surety jointly of the best, lowest,
qualified, responsible and responsive Proposer, arrange for a Contract between such Proposer and City,
and make available as Work progresses (even though there should be a default or a succession of defaults
under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the Contract Price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof.
The term "balance of the Contract Price." as used in this paragraph, shall mean the total amount payable by
City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to
Contractor.
71
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named
herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's
obligation under this Bond.
Signed and sealed this
day of
,2008.
WITNESS:
BY:
(Name of Corporation)
Secretary
(Signature)
(CORPORATE SEAL)
(Type Name and Title Signed Above)
IN THE PRESENCE OF; INSURANCE COMPANY:
BY:
*Agent and Attorney-in-Fact
* (Power of Attorney must be attached)
(Address)
(City/StatelZip Code)
(Telephone)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
2008, by [name of person], as
[type of authority], for
[name of party on behalf of whom instrument was executed].
AFFIX NOTARY STAMP HERE:
Signature: Notary Public - State of Florida
Print or Type Commissioned Name
Personally Known OR Produced Identification
Type of Identification Produced
72
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the corporation named as
Principal in the foregoing Performance Bond; that, who signed the Bond on behalf of the Principal, was then of said
corporation; that I know his/her their signature; and his/her their signature thereto is genuine; and that said Bond was
duly signed, sealed and attested to on behalf of said corporation by authority of its governing body.
(CORPORATE SEAL)
NAME OF CORPORATION
SECRETARY OF CORPORATION
END OF SECTION
73
SECTION 17
ACKNOWLEDGMENT OF CONFORMANCE
WITH OSHA STANDARDS
To: City of Sunny Isles Beach
We,
, hereby acknowledge and
[Prime Contractor]
agree that we, as the Prime Contractor for the Services Contract, , as
specified, have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety
and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold
harmless the City of Sunny Isles Beach against any and all liability, claims, damages losses and expenses they may
incur due to the failure of
[Sub-Contractor]
[Sub-Contractor]
[Sub-Contractor]
to comply with such act or regulation.
CONTRACTOR
TITLE
BY:
END OF SECTION
74
SECTION 18
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT
The contractors and all subcontractors hereby agree to a commitment to the principles and
practices of equal opportunity in employment and to comply with the letter and spirit of federal,
state, and local laws and regulations prohibiting discrimination based on race, color, religion,
national region, sex, age, handicap, marital status, and political affiliation or belief.
Signed:
Title:
Firm:
Address:
END OF SECTION
75
.....
SECTION 19
CONFLICT OF INTEREST STATEMENT
STATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
sworn, deposes, and states:
, who was duly
19.1. I am the
with a local office in
of
and principal office in
19.2. The above named entity is submitting a Proposal for the City of Sunny Isles Beach, RFP No.
described as: Emergency Debris Clearing and Removal Operations.
19.3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his
own knowledge.
19.4. The Affiant states that only one submittal for the above Proposal is being submitted and that the above
named entity has no financial interest in other entities submitting proposals for the same project.
19.5. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with
the entity's submittal for the above proposal. This statement restricts the discussion of pricing data until the
completion of negotiations if necessary and execution of the Contract for this project.
19.6. Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise
ineligible from participation in contract letting by any local, State, or Federal Agency.
19.7. Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of interest
due to any other clients, contracts, or property interests for this project.
19.8. I certify that no member of the entity's ownership or management is presently applying for any employee
position or actively seeking an elected position with the City of Sunny Isles Beach.
19.9. I certify that no member of the entity's ownership or management, or staff has a vested interest in any
aspect of the City of Sunny Isles Beach.
19.10. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above
named entity, will immediately notify the City of Sunny Isles Beach.
Dated this
day of
,2008.
AFFIANT
Sworn to and subscribed before me this _ day of
o Personally Known OR
o Produced Identification ; Type of Identification
Print or Type Name and Title
,2008.
NOTARY PUBLIC STATE OF FLORIDA
76
SECTION 20
DISPUTE DISCLOSURE FORM
20.1. Has you firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within the last
five (5) years?
YES
NO
20.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract
or job related to the services your firm provides in the regular course of business within the last five (5) years?
YES NO
20.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Proposal
protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business?
YES NO If yes, state the nature of the request for equitable adjustment, contract claim,
litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary
amounts of extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this
Proposal for the City of Sunny Isles Beach, RFP No. 08-07-01, Emergency Debris Clearing and Removal Operations.
Firm
Date
Authorized Signature
Print or Type Name and Title
END OF SECTION
77
SECTION 21
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA
COUNTY OF
I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein proposed will be paid to
any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift,
directly or indirectly by me or any member of my firm or by an officer of the corporation.
By:
Title:
The foregoing instrument was acknowledged before me this _ day of
[name of person], as
[name of party on behalf of whom instrument was
,20_, by
[type of authority], for
executed].
AFFIX NOTARY STAMP HERE:
Notary Public - State of Florida
Print or Type Commissioned Name
o Personally Known
o Produced Identification
OR
Type of Identification Produced
END OF SECTION
78
SECTION 22
PROPOSAL CHECKLIST
THE FOllOWING ARE REQUIREMENTS OF THIS PROPOSAL. USE OF THIS CHECKLIST WIll HELP ENSURE
THAT YOUR SUBMISSION IS COMPLETE.
Place a check mark in the "Done" column as you complete and enclose each item.
Reauired Done Reauirement
-V Proposal Response Sheet / Fee Schedule Form /
Proposal Specifications
-V Proposal Security - Five Percent (5%)
-V Certificate(s) of Insurance
-V Certificates of Competencies
-V local Business Tax (Occupational Business License)
-V State License(s)
-V List of Proposed Sub-Contractors
-V Proposer Qualification Statement
-V Non-Collusion Affidavit
-V Non-Kickback Affidavit
-V Public Entity Crimes Sworn Statement
-V Acknowledgement of Conformance with OSHA Standards
-V Equal Opportunity/Affirmative Action Statement
-V Conflict of Interest Statement
-V Dispute Disclosure Form
-V RFP Checklist
This checklist must be part of the RFP. Please read the entire RFP documents thoroughly to ensure that
your submission is complete.
END OF SECTION
79
SECTION 23
REQUIRED CONTRACT PROVISIONS
FEDERAL.AID CONSTRUCTION CONTRACTS
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
Xl.
XII.
Page
General ..................................... 1
Nondiscrimination ............................. 1
Nonsegregated Facilities ........................ 3
Payment of Predetermined Minimum Wage ......... 3
Statements and Payrolls ........................ 5
Record of Materials, Supplies. and Labor ........... 5
Subletling or Assigning the Contract ............... 5
Safety: Accidenl Prevention ..................... 6
False Statements Concerning Highway Projects. . . . .. 6
Implementation of Clean Air Act and Federal
Water Pollution Control Act .................. 6
Certification Regarding Debannent, Suspension,
IneliQibility, and Voluntary Exclusion ............... 6
Certification Regarding Use of Contract Funds for
Lobbying .................................... 8
ATTACHMENTS
A. Employment Preference for Appalachian Contracts
(included in Appalachian contracts only)
I. GENERAL
1. These contract provisions shall apply to aU work performed on
the contract by the contractor's own organization and with the
assistance of workers under the contractor's immediate superinten-
dence and to all work perfonned on the contract by piecework, station
work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor
shall insert in each subcontracl all of the stipulations contained in
these Required Contract Provisions, and further require their
inclusion in any lower tier subcontract or purchase order that may in
turn be made. The Required Contract Provisions shall not be
incorporated by reference in any case. The prime contractor shall be
responsible for compliance by any subcontractor Or lower tier
subcontractor with these Required Contract Provisions.
3. A breach of any of the slipulatiOlls conlained in these Required
Contract Provisions shall be sufficient grounds for tennination of the
contract.
4. A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in 29
CFR5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3,4, and 7;
Section V, paragraphs 1 and 2a Ihrough 2g.
5. Disputes arising out of the labor standards provisions of Section
IV (except paragraph 5) and Section V of these Required Contract
Provisions shall not be subject to the general disputes clause of this
contract. Such disjllJtes shall be resolved in accordance with the
procedures of the U.S. Department of labor (DOL) as set forth in 29
CFR 5, 6, and 7. Disputes within the meaning of this clause inctude
dispules between the contractor (or any of its subcontractors) and the
contracting agency. the DOL, or the contracto~s employees or their
representatives.
6. Selection of labor: During the performance of this contract,
the contractor shall not
a. discriminate against labor from any other State, possession,
orterritory of the Uniled States (except for employment preference for
Appalachian contracls, when applicable. as specified in AlIachment
A), or
b. employ convict labor for any purpose within the limits of the
project unless it is labor perfonned by convicts who are on parole,
supervised release, or probation.
II. NONDISCRIMINATION
(Applicable to all Federal.aid construction contracts and 10 all
Form FHWA-1273 (Rev. 3-94)
related subcontracts of $10,000 or more.)
1. Equall:mployment Opportunity: Equaf employment opportu-
nity (EEO) requirements not to discriminate and to take affirmative
action to assure equal opportunity as set forth under laws, executive
orders, rules, regulations (28 CFR 35. 29 CFR 1630 and 41 CFR 60)
and orders of the Secretary of Labor as modified by the provisions
prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall
constitute the EEO and specific affirmative action standards for the
contractor's project activities under th is contract. The Equal Opportu.
nily Conslruction Contract SpecifICations set forth under 41 CFR 60-
4.3 and Ihe provisions of the American Disabilities Act of 1990 (42
U.S.C. 12101 et ~.) set forth under 28 CFR 35 and 29 CFR 1630
are incorporaleo oyreference in this contract. In the execution of Ihis
contract, the contractor agrees to comply with the following minimum
specific requirement activities of EEO:
a. The contractor will work with the State highway agency
(SHA) and Ihe Federal Governmenl in calTYing oul EEO obligations
and in their review of hiSlher activities under the contract.
b. The contractor will accept as his operating policy the
following statement:
-It is the policy of this Company to assure that applicants are
employed, and that employees are Ireated during employment,
without regard to their race, religion, sex, color. national origin,
age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor olher forms of
compensation; and selection for training, induding apprenlice-
ship, preapprenticeship, and/or on-the-job training..
2. EEO Officer: The contractor will designate and make known
10 the SHA contracting officers an EEO Officer who will have the
responsibilityfor and must be capable of effectively administering and
promoting an active contractor program of EEO and who must be
assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff
who are authorized to hire, supervise, promote, and discharge
employees, or who recommend such action, or who are substanlially
involved in such action. will be made fully cognizant of, and will
implement, the contractor's EED policy and contractual responsibili-
ties to provide EEO in each grade and c1assificalion of employment.
To ensure that the above agreement will be met, the following actions
will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then nol
less often than once every six months, at which time the contractor's
EEO policy and ils implementation will be reviewed and explained.
The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering all major
aspects of Ihe contractor's EEO obligations within thirty days
follo,,"ng their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruilment for the
project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minority group employees.
d. Notices and posters sening forth the contraclor's EEO policy
will be placed in areas readily accessible 10 employees, applicants for
employment and potenlialemployees.
e. The contractor's EEO policy and Ihe procedures to imple-
ment such policy will be broughl to the allenllon of employees by
means of meellngs, employee handbooks, or other appropriate
means.
4. Recruitment: When advertising for employees, the contractor
will include in all advertisements for employees the notation: "An
Equal Opportunity Employer." All such advertisements wi/J be placed
Page 1
80
, )
in publications having a large circulation among minority groups in the
area from which the project work force 'NQuld normally be derived.
a. The contraclor will, unless precluded by a valid bargaining
agreement, conducl systematic and direct recruitment through publjC
and private employee referral sources likely to yiekf qualified minority
proup applicanls. To meet this requirement, the COrltractor will
KSentify sources of potential minority group employees, and establish
with such idenlified sources procedures whereby minority group
appltcants may be referred to the contractor for employment consider-
ation.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals, he is expected to observe
the provisions of that agreement 10 the extent that the system permits
(he contractor's compliance with EEO contract provisions. (The DOL
has held that where implementation of such agreements have the
~~~~~~g:~ritfui~~~~g:i~~~~ir~;I~e,:e~t:fo~e~~~~I~:~t~:
Order 11246. as amended.)
c. The contractor wm encourage his present employees to refer
minority group applicants for employment. Infonnalion and proce-
dures wilh regard to referring minority group applicants will be
discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee
benefits shall be established and administered, and personnel actions
of every type, including hiring. upgrading, promotion. transfer,
demotion. layoff, and termination, shall be taken without regard to
race, color. religion, sex, national origin, age or disability. The
following procedures shaJl be followed:
a. The contractor wifl conduct periodic inspections of project
sites to insure that working condjtions and employee facilities do not
indicate discriminatory lreatmenl of project site personnel.
b. The contractor will periodk:ally evaluale Ihe spread of wages
paid within each classification to determine any evidence of discrimi-
natory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of discrimina-
lion. Where evidence is found. ~he contractor will prompUy take
~~~~di:;~~nth: ~~i~~~e;:~i:=~~~~~t ~~~~~m~~~i~ ~:~
include all affected persons.
d. The contractor will promptly investiQate all complaints of
alleged discrimination made to Ihe contractor In connection with his
obligations under (his contract. will atlempt 10 resolve such com-
plaints, and will take appropriate corrective actio~ within a reasonable
time. If Ihe investigation indicates that the discnmination may affecl
persons other than the complainant such corrective actton shall
Include such oth.er persons. Upon complelion of each investigation,
the contractor Will inform every complamant of all of his aVenues of
appeal.
6. Training and Promotion:
8. The contractor wilt assist in locating. Qualifying, and
increasing the skills or minority group and women employees, and
applicants for employment
b. Consisten1 with Ihe contractor's work force requirements and
as permissible under Federa' and Stale regulations, the conlraclor
~~~t~~~e tr~l~i~~e p~~~~~~~o~rt~~r~':g~~hi~r~~~~C~~~nl~a~
per1ormance. Where feasible, 25 percent of apprentices or trainees
In each occupation shall be in their firsl year of apprenticeship or
:~~n~~~~~~~~v:~~s~~~a~~~t~~~~~~:~~"3a~ r~d~~di~?~;
special provision.
c. The conlraclor will advise employees and applicants for
employment of available training programs and entrance require-
ments for each.
d. The contractOf will periodically review lhe training and
promotion potential of minority group and women employees and will
encourage eligible employees 10 apply for such Iralning and promo-
tion.
7. Unions: If the conlractor relies in whole or in part upon unions
as a source of employees. the contractor will use hislher best efforts
10 obtain the cooperation of such unions to increase opportunities for
Page 2
minority groups and women within the unions. and to effect relerrals
by such unions of minority and female employees. Actions by the
contractor either directly or through a contractor's association acting
as agent will include the procedures sel forth below:
a. The contractor will use best efforts 10 devek>p, In coopera-
lion wilh Ihe unions, joinltraining programs aimed loward qualifying
more minority group members and women for membership in the
unions and increaSing the skilfs of minority group employees and
women so !hat they may qualify for higher paying employment.
b. The contractor will use beSI efforts to incorporate an EEO
dause inlo each union agreement to the end thai such union will be
contractually bound to refer applicants without regard to their race.
color, religion, sex, national origin, age or disability.
c. The contraclor is to obtain information as to lhe referral
practices and policies of the labor union except that to the extent
such informalion is within the exclusive possession of the labor union
and such labor union refuses to furnish such informahon to the
con1ractor, the contractor shall so certify to the SHA and shall set
forth what efforts have been made 10 obtain such information.
d. In the evenl the union is unable to prov;de the conlractor
with a reasonable flow of minority and women referrals within the time
limit set forth in the colleclive bargaining agreement, the contractor
will, through independent recruitmenl efforts, fill the employment
vacancies without regard to race, color, religion, sex, national origin,
age or disability: making full efforts 10 obtain qualified and/or
~,:I::~~~~I ~~r:j~J~~ ~~h~n~~~~ =~m::;i'CrJ;: ~~~~rhh~~
a coUactive barQaining agreement providing for exclusive referral
faUed to rerer mInority employees.) In the event the unton referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246. as amended, and these special
provisions, such contraclor shall immediately notify the SHA.
8. Selection of SUbcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shan oot discriminate on the
grounds of race, color. reli!1ion. sex, nalienal Ofigin, age or disability
in Ihe selection and retention of subcontractors, induding procure~
ment of materials and leases of equipment.
a. The contractor shall nolify all pOlential wbconlraClors and
suppliers of his/her EEO obligations under this contract.
b. Disadvantaged business enterprises IDBE).asdeflned in 49
CFR 23, shall have equal opportunity 10 compele lor and perform
subcontracts which the contractor enters into pursuant to this
conlract. The contraclor wi'l use his best efforts to solicil bids from
and to ulilize DBE subcontractors or subcontractors with meaningful
minority group and female representation among their employees.
Contractors shall obtain lists of DBE construction firms from SHA
personnel.
c. The contraclor will use his best effons to ensure subcontrac-
tor compliance with their EEO obligations.
9. Records and Reports: The contractor shall keep such records
~~~~~~d; ~~~~n;:~i:d~~a~~eri~ ~?~7~Oy~~~if~~:~
completion of the contract work and shall be available at reasonable
limes and places for inspection by authorized representatives of the
SHA and the FHWA.
a. The records kept by the contractor shall document the
following;
(1) The number of minority and noo-minority group
members and women employed in each work classification on the
project;
(2) The progress and efforts being made in cooperation
with unions. when applicable, 10 increase employment opportunities
for minorities and women;
(3) The progress and efforts being made in locating, hiring,
training, Qualifying, and upgrading minority and female employees;
end
(4) The progress and efforts being made in securing Ihe
services of DBE subcontractors or subcontractors lNith meaningful
mlnorily and female represenlation among their employees.
b. The contractors will submit an annual report (0 the SHA
Form FHWA-1273 (Rev. 3-94)
81
)
each July for the duration of the pro;ect. indicating the number of
millOrtty. women, and non-minority group employees currently
enpa9ed in each work classification required by the contract work.
ThIs Information is 10 be reported on Form FHWA-1391. If on-the
job traming is being required by special provision, the contractor will
be required to collect and report training data.
III. NONSEGREGATED FACILITIES
(Applicable to all Federal-aid construction contracts and to all
related subcontracts of $10,000 or more.)
a. By submission of this bid, Ihe execution of this contract or
subcontract, or the consummation of this material supply agreement
or purchase order, as appropriate, the bidder, Federal-aid construe.
lion contractor, subcontractor, material supplier, or vendor, as
appropriale, certifies that the firm does nol maintain or provide for its
employees any segregated facilities at any of its establishmenls, and
that (he firm does not pennit its employees to perform their services
at any location, under ils control, where segr~ated facilities are
maintained, The firm agrees that a breach of lhls certification is a
violation of the EEO provisions of this contract. The firm further
certifies that no employee W'ill be denied access to adequate facilities
on the basis of se)!; or disability,
b. As used in this certification, the (erm .segregated facilities"
means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, timectocks, locker rooms, and
other storage or dressing areas, parking lots, drinking fountains,
recr~tion or entertainment areas, transportalion, and housina
facilities provided for employees which are segregated by expliCIt
directive, or are, in fad, segregated on the basis of race, color,
reltgion, national origin, age or disabmty, because of habit. local
:~~rheo~e~~en~~~r a~:s~~rt~x:~~~~ ~1.lg~~i~~rb~~ ~~i~:f
c. The contractor agrees that it has obtained or will obtain
identical certification from proposed subcontractors or malerial
suppliers prior to award of subcontracts or consummalion of malerial
supply agreements of $10,000 or more and that it will relain such
certifICations in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
, )
(Applicable to aU Federaleaid construction contracts exceeding
$2,000 and to all related subcontracts, except forprojecls located on
roadways classified as local roads or rural mlllor colleclors, which are
exempt)
1. General:
a. All mechanics and laborers employed or working upon the
site of the work will be paid unconditionally and nol less often than
once a week and without subsequenl deduction or rebate on any
account (except such payroll deduclions as are permitted by
regulations (29 CFR 3) issued by Ihe Secretary of labor under the
Copeland Act (40 U.S.C. 276c)) !he lull amounts of wages and bona
fide fringe benefits (or cash equivalents thereof) due a1 time of
rha~~~e ~~~~~dj~tl::a~~: :r:~t~~t~~nW;Pt~~a~~~r~~~~~f
labor (hereinafter "'the wage delenninationR) which is attached hereto
and made a part hereof, regardless of any contractual relationship
which may be alleged 10 exist between lhe contractor or its subcon.
tractors and such laborers and mechanics. lhe wage delermination
(including any additional cfassifications and wage rales conformed
~~~~~a~':f~K~l~~~JI~~~le~o;'~e~n~II~~ ~~;s~:;re(~~~;~~1
and its subcontractors al the site of the work in a prominent and
accessible place where it can be easily seen by the workers. For Ihe
purpose of this Section, contributions made or costs reasonably
~~~t-"~:;,~o~~~~ ~d~.~~ji6~)~r:~~?:r~:~~ ~~~J,~fn\~
are considered wages paid 10 such laborers or mechanics, subjec1lo
the provisions of Section IV, paragraph 3b, hereof. Also, for the
purpose of this Seclion, regular contributions made or costs incurred
for more than a weekty period (but not less often than Quarterly)
under plans, funds, or programs, which cover the particular weekly
period, are deemed to be conslruclively made or incurred during soch
weekly period. Such laborers and mechanics shall be paid the
appropriate ~ge.rate and fringe benefits on the wage determination
for the clbssiflcahon of work actually performed, without regard 10
skill, except as provided in paragraphs 4 and 5 of Ihis Seclion IV.
Form FHWA-1273 (Rev. 3-94)
b. Laborers or mechanics performing work in more than one
classificalion may be compensated at the rale specified fOf each
classification for the time actually worked Iherein, provided. that the
~1~r~fl~~air:o~~O~~:~~~~6~~s:J.'Orth the lime spent in each
c. All rulings and interpretations of lhe Davis.Sacon Act and
related acts conlained in 29 CFR 1, 3, and 5 are herein mcorporaled
by reference in this conlrad.
2. Classification:
a. The SHA contracting officer shall require that any class of
laborers or mechanics employed under the contrad, which is not
~:~ ~~ ~g~e~e:~;:t~~~ion, shalf be classified in conformance
b. The contracting officershaU approve an additional ciassifica.
lion, wage rate and fringe benefits only when lhe following criteria
have been met:
(1) the work to be performed by the addilional classir,ca-
tion requested is not performed by a classification in the wage
detennination;
(2) the additional classification is utilized in the area by the
construction industry;
(3) the proposed wage rale, including any bona fide fringe
benefits, beam a reasonable relationship to the wage rates contained
in the wage determination; and
(4) with respect to helpers, when such a classification
prevails in the area in which the work is perfonned.
c. tf the contraclor or subcontractors, as appropriate, the
laborers and mechanics (if known) 10 be employed in the. additional
classifrcation or their represenlalives, and the contractIng officer
agree on the classification and wage rale (including the amount
designated for fringe benefits where approprialel, a report of the
action taken shall be senl by the contracting officer to the DOL,
Administratorof Ihe Wage and Hour Division, Employment Standards
Administralion. Washington, D.C. 20210. The Wage and Hour
Administrator, or an authorized representative, will approve, modify,
or disapprove every additional classificalion adion within 30 days of
f~g~~:c~~~~~d,~:e3~.~~~~~8,~f~~~~~~: ti~~~h:e:=~~
ale, th~ ~b:::;V~~I:ee~~~f~4~r ~~ S~~~i~:~c(~r~h:s aa!~~~~i
classiflC81ion or their representatives, and the conlracting officer do
not agree on the proposed classificalion and wage rale (including the
~~n~~n~i~;~iffi~:~~~~~e~~~f~e ~:n~S~di~g~P~::~'Ofl~:
interested parties and the recommendalion of the contracting offteer,
to the Wage and Hour Admintslrator lor delermination. SaKI
Administrator, or an authorized represenlalive, will issue adetermina-
lion wilhin 30 days of receipt and so advise (he contracting offjcer or
will notify the contracting officer within the 30..(tay period that
additional lime is necessary
e. The wage rate (includin9 fringe benefits where appropriate)
determined pursuant to~aragr8ptl2c or 2d of Ihis Section IV shall be
~~ :~ea~rs~;~nP~~~~~ ~~e~~~~1~i:~~n~~a~I:~~~~~i~n
3. Payment of fringe Benefits:
a. Whenever Ihe minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefil which
is not expressed as an hourly rate, the conlractor or subcontractors.
as appropriate, shall either pay the benefit as stated in the wage
detennination or shall pay another bona fide fringe benefit or an
hourly case equivalentlhereof.
b. If Ihe conlraclor or subcontractor, as appropriate, does not
make payments to a trustee or olher lhird person, he/she may
consider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, provkled. that the Secretary
of labor has found, upon the written request of the contraclor, lhat
the applicable standards Of the Oavis.Bacon Act have been met. The
Secrelary of Labor may require Ihe contractor 10 set aside in a
separaLe account assets fOf the meeting of obligations under the plan
or program,
Page 3
82
i)
4. Apprentices and Trainees {Programs of the U.S. DOL} and
Helpers:
8. Apprentices:
(1) Apprentices win be pennitted to work at less than the
predelermined rale for the work (hey performed when they are
employed pursuant 10 and individually registered in a bona fide
~r~~~~~c:~~~Fs~~~~ B~ri:~~~ ::r~~i~~~i'pEa~~l~~~tg~~~
with a Stale apprenliceship agency recognized by the Bureau, or if a
person is employed in hislher first 90 days of probationary employ.
ment as an apprentice in such an apprentIceship program, who is not
individually registered in the program, but who has been certified by
Ihe Bureau of Apprenticeship arid Training or a Slate apprenticeship
agency (where appropriate) 10 be eligible for probalionary employ-
ment as an apprentice.
(2) The allowable ratio of apprenlices to joumeyman"'evel
employees on the ;ob site in any craft classirication shall not be
Po~~~~~;"t,;~er~:t~r~~~g:m~A~~:~l~~:: ~i~t~: g~~r~a~
at an apprentice wage rate, who is not registered or otherwise
employed as Slaled above. shall be paid nolless than Ihe applicable
wage rate ~sled in the wage delenninalion for the dassJficaHon of
work aClualty pertormed. In addition, any apprentice performing work
on Ihe job slle in excess of the ralio permitted under the registered
program shall be paid nOlless Ihan the applicable wage rale on the
wage determination for the work actually performed. Where a
contractor or subcontractor is pertorming construction on a project in
a locality olher than that in whIch its program is registered, the ratios
and wage rates (expressed in percentages of the journeyman-level
houriy rate) specIfied in the contractor's or subcontractor's regislered
program shall be observed.
(3) Every apprentice must be paid at not less than the rate
specified in the registered program for the apprenlice's level of
progress, expressed as a percenlage of the journ~an-leve' hourly
rate specmed in the applicable wage determination. Apprentices
shall be paid fringe benefits in accordance with the proviSIons of the
:~~~t~~~~~~&~Hr:~pd:e~3c:f~~~:i~:S~~d~~fu:ra~~~nr~~
fnnge benefits listed on the wage determinalion for the applicable
classification. If the Administrator for (he Wage and Hour Divtsion
determines that a ddterenl practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance wilh thai
delerminalion.
(4) In (he event the Bureau of Apprenticeship and Training,
or a Slate apprenticeship agency recognized by the Bureau, wilf1-
draws approval of an apprenticeship program, (he contractor or
subcontractor will no longer be permitted to utilize apprentices alless
than the applicable predetermined rale for the comparable work
perlormed by regular employees until an acceptable program is
approved.
b. Trainees:
(1) Excepl as provided in 29 CFR5.16,lrainees will not be
permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced
by formal certffication by the DOL, Employment and Training
Administralion.
(2) The ralio of trainees 10 joumeyman-level employees on
Ihe job site shall nol be grealer than permitted under Ihe plan
approved by the Employment and Training Administration. Any
employ~ listed on the payroll at a lrainee rale who is nol registered
and partlcipalin9 in a training plan approved by the Employment and
Training Adminlslralion shall be paid nol less than the applicable
wage rate on the wage delerminalfon for the classification of work
actually perlormed. In addition, any trainee performing work on the
job site in excess 0' the ratio permiUed under the registered program
shall be paid not less lhan the applicab!e wage rate on Ihe wage
determinalion for the work actually performed.
(3j Every trainee must be paid at not less than the rale
specified in the approved program for hisJher level of progress,
expresSed as a percentage of the journeyman-level houny rale
specified in the applicable wage "determinatIon. Trainees shall be
paid fringe benefits in accordance with the provisions 0' the trainee
program. If the trainee program does nol mention frin~e benefits,
trainees shall be paid the rull amount of fringe benefits listed on the
wage delermination unless the Administralor of Ihe Wage and Hour
Page..:
Division determines thal.there is an apprenticeship program associ.
~~~~~~~~o~~r~~~PcI~~f~~~n~:~' Mgf~~~~ b~~~~apo~
apprentices, in whdl case such trainees shall receive the same
fringe benefits as apprenlices.
(4) In Ihe event the Employment and Training Administra.
tion withdraws approval of a trainin~ program, Ihe contractor or
subcontractor will no longer be permllled to utilize trainees at less
than the applicabfe predetermined rale for Ihe work performed unUl
an acceptable program is approved.
c. Helpers:
Helpers will be permitted 10 work on a project if the helper
classification is specified and defined on the applicable wage
determination or is approved pursuanl to Ihe conformance procedure
set forth in Section IV.2. Any worJcer listed on a payroll al a helper
wage rate, who is not a helper under a approved deflniHon, shall be
paid not less than the applicable wage rale on Ihe wage determina-
lion for lhe classification of work actually performed.
5. Apprentices and Traln.es (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified by the Sea-elary of
Transportation as promoting EEO in connection wilh Fed8ral~aid
highway construction pros rams are not subject 10 'he requirements
of paragraph 4 of this Section IV. The straight time hourly wage rates
~~ ~h~~~r;:::I~~~~~~n~:~ T~~e:as~C:fa:~:~~I:~ ~~~=~~~
journeymen shall not be greater than permitted by the terms 01 the
particular program.
B. Withholding:
The SHA shall upon its own aclion or upon wriUen request of
an authorized representative of the DOL withhold, or cause to be
withheld, from the contractor or subconlractor under this contract or
any other Federal conlract wilh the same prime contractor, or any
olher Federally-assisted contract subject to Davis-Bacon prevailing
wage reQuirements which is held by the same prime contraclor, as
much of the accrued payments or advances as may be considered
necessary 10 pay laborers and mechanics, induding apprentices,
trainees, and helpers, employed by the contracloror any subcontrac-
tor the full amount of wages required by lhe contract In the event of
failure to pay any laborer or mechaniC, including any apprentice,
Irainee, or helper, employed or working on the site of the work, aU Of'
part of (he wages required by the contract, the SHA conlracting officer
may, alter written notice to the contractor, take such action as may be
necessary to cause the suspension of any further payment, advance,
or guarantee 01 funds until such violations have ceased.
7. Overtime Requirements:
No contractor or subcontractor conlracting for any part of the
contract work which may require or involve fhe employment of
laborers, mechanics, walchmen, or guards (including apprenoces,
trainees, and helpers described in paragraphs 4 and 5 above) shall
require or permit any laborer, mechanic, watchman, or guard 111 any
workweek in which he/she is employed on such work, to work in
excess of 40 hours in such workweek unless such laborer, mechanic,
watchman, or guard receives compensalion at a rate nol less than
one-and-()ne-half times his/her basic rate of pay for all hours worked
in excess of 40 hours in such workweek.
6. Violation:
Uability for Unpaid Wages; Liquidated Damages: In the even!
of any violation of (he clause sel forth in paragraph 7 above, Ihe
contractor and any subcontractor responsible lhereof shall be liable
to the affected employee for hislher unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for (he Dislric1 of Columbia or
a lerritory ,to such District or to such territory) for liquidated damages.
Such liquidated damages shaU be computed with respect to each
~~gi~;?~a~fl~~o~~~s~~~~~~h i~~~~~~h 0.;, i~~~~ds:~~l18 f~~
each calendar day on which such employee was required or permit-
ted to work in excess of (he standard work week of 40 hours without
payment of (he overtime wages required by the clause sel rorth in
paragraph 7.
9. Withholding for Unpaid Wages and Liquidated Damages:
Form FHWA-1273 (Rev. 3-94)
83
; )
The SHA shall upon its own action or upon wrilten request of any
authorized representative of the DOL withhold, or cause (0 be
withheld. from any monies payable on account of work performed by
the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other
Federalty-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary 10 satisfy any
liabili1ies of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause sel forth in paragraph
8 above.
v. STATEMENTS AND PAYROLLS
$2~~~b:g ~~ r~~~s~:-~~~~~~~~":~~g~fo~O;~je~~s ~X~~:~ig~
roadways classified as local roads or rural collectors, which are
exempt.)
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the
Secretary of Labor which are herein incorporated by reference.
2. Payrolls and Payroll Records:
8. Payrolls and basic records relating thereto shall be
maintained by lhe contractor and each subconlraclor during the
course of the work and preserved for a period of 3 years from the
date of completion of the contract for ell laborers, meChanics,
:Ft~:f~~r:~r:~nees, watchmen, h~pers. and guards working at (he
b. The payroll records shall contain the name, social security
number. ~nd address of each such employee: his or her correct
classification; hOUriy rates of wages paid (including rates or contribu-
tions or costs anllcipaled for bona fide frin~e benefits or cash
equivalent thereof the types described in SectIon 1(b)(2}(B) of the
Davis Bacon Act); daity and weekJy .,umber of hours wor1c:ed;
deductions made; and actual wages paid. In addition, for Appala-
chian contracts,lhe payroll records shall contain a notation indlcaling
whether the employee does, or does nOl, normally reside In the labor
area as defmed in Attachment A, paragraph 1. Whenever the
Secretary of labor, pursuant to Section IV, paragraph 3b, has found
that the wages or any laborer or mechanic include the amount or any
:;o~~:~a:~b~~~r~~~~~~ ~(~~)(~)ngf ?h~g;~i~~~~~ A~~,nt~~
contractor and each 5ubconlractor shall maintain records which show
that the commHment to provide such benefits is enforceable, that Ihe
plan or program is financially r~onsible, thallhe plan or program
has been communicaled in writing to Ihe laborers or mechanics
affecled, and show the cost anlicipated or the actual cost incurred in
providing benefits. Contractors or subcontractors employing
apprentices or lrainees under approved programs shall marntain
written evidence of the regislration of apprentices and trainees, and
ratios and wage rales presaibed in the ap~icabre programs.
c. Each conlractor and subcontractor shall furnish, each week
in which any contract work is performed, to the SHA resident
engineer a payroll of wages paid each or its employees (including
apprentices, trainees, and helpers, described in Section IV, para-
graphs 4 and 5, and wa1chmen and guards engaged on work during
~~ ~~~~~ ~~~k~~~~~~e~~ ~~ej~:~t~~~g~~~ru;~ ~e~
maintained under paragraph 2b of this Section V, This informatIOn
may be submilled in any (orm desired. Oplional Form WH.347 is
available for this purpose and may be purchased from the Superin-
lendenlof Documenls (Federal slock number 029-005-0014-1). U.S.
Governmenl Pr;nting Office, Washington, D.C. 20402. The prime
contractor is responsible for the submission of copies of payrolls by
all subcontractors.
d. Each payroll submjtled shall be accompanied by a "Slate-
ment 01 Compliance," signed by the contractor or subcontractor or
~~~~~:9:~~~r~~~t~~c~ufnedrv~~:~ ~~:lt:(~:I~~~: persons
(1) thai the payroll for Ihe payroll period contains the
information required to be maintained under paragraph 2b of this
Section V and thai such information is correct and complele;
(2) thai such laborer or mechanic (inchJding each helper,
apprentice, and Irainea) employed on the conlracl during the payroll
period has been paid the full weekly wages earned, withoul rebate,
either directly or indirecUy, and that no deductions have been made
Form FHWA-1273 (Rev. 3-94)
~~~~~:b~~t~~~~~~r:~t ;~~~~n ~e ~i;~la~~~~290~~~ t~~n
(3) thai each laborer or mechanic has been paid n~t Jess
thatlhe applicable wage rale and fringe benefits or cash eQurvalent
for the classification of worked performed, as specified in Ihe
applicable wage determination incorporated inlO the contracl.
e. The weekly SUbmission of a properly executed certification
~he~ f::::'~i~~~~ti~~i~b~?:S~nOgt~~~~~m~~..~~7 CSo~~lf:~~~
required by paragraph 2d or lIlis Section V.
sUbj~i Ih~~~n~~~5c~~:t~0~vi~~ra~m~~a~h;ro=~tio~e~~:1~8n8 .&C!
1001 and 31 U.S.C. 231.
g, The contractor or subcontractor Shall make the records
~j~~j~j~~~r::~~~~(~ O~~h~~~:~~ ~e~;:~':~::tf~~~n~r~c~
SHA, the FHWA. or Ihe DOL. and shall permil such representatives
10 interview employees during working. hours on the job. If the
contractor or subcontrador fails 10 submit the required records or to
make lIlem available. Ihe SHA. Ihe FHWA. Ihe DOL. or all may. aher
written notice to the contractor, sponsor, applicant, or owner, take
such actiOfls as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or 10 make such
records available may be grounds for debarment action pursuant to
29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
,. On all Federal-aid contracts on the Nalional Highway System,
except 1hose which provide solely for the installaHon of prolective
devices al railroad grade crossin9s, Ihose which are constructed on
a force account or direct labor baSIS, highway beautification contracts,
:~g ~~~~:f~~~: ~~~1t~~O~~Jrii~~ COF~t63~;~~ec:~::C~~~~r:
a. Become familiar with the fist of specific male rials and
~~g~~Ss:~:~~t~~~~~f ~~~~~~~~~~~II~~~v~~~ri;~Sd:~~
Funds," prior to the commencement of work under Ih;s contract.
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in Ihe work, and also of the
quantilies of lOOse specific materials and supplies listed on Form
FHWA-47. and in Ihe units shown on Form FHWA-47.
c. Furnish, upon the completion of rhe contract, to the SHA
resklenl engineer on Form FHWA-47 togelher wilh the data required
in paragraph 1b relative to materials and supplies, a final labor
summary 01 aU contracl work indicating the lolal hours worked and
the lotal amount earned.
2, Altha prime contractor's option, either a single report covering
all conlract work or separate reports for the contraclor and for each
subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contraclor shall perform with its own organizalion contracl
work amounling to nolless lhan 30 percenl (or a grealer percentage
if specified elsewhere in the contract) of the total original contract
~~a:;~~~i~fln:yn6e ~c~:::red~;:Ub~~~ea~~nd ~he ~~O~~I~f
any such speaany ilems performed may be deducted from Ihe lolal
original Conlract price before computing the amount of work required
10 be performed by the conlraclo(s own organi2alion (23 CFR 635).
a. "Its own organizalion" shall be construed to include only
workers employed and paid directly by the prime contraclor and
eQuiprnenl owned or rented by the prime conlrador, with or without
operators. Such term does nol include employees or equipment of
Page 5
84
a subcontractor, assignee, or agent of the prime con(faCtor,
b. . "Specialty Items." shall be construed to be limited to work
that requires highfy specialIZed knowledge, abilities, or equipment not
ordinarily available in the type of contracting organizations qualified
and expected to bid on the contract as a whole and in general are to
be limited 10 minor components of lhe overall contract.
2. The contract amount upon which the requirements set forth in
paragraph 1 of Section VII is computed includes the cost of material
and manufactured products which are to be purchased or produced
by the contractor under lhe contrad provisions.
3. The contractor shall furnish (a) a competenl superintendent or
supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the conlract require-
ments, and Is in charge of all construcbon operalions (regardless of
who performs the work) and (b) such other of its own organizational
resources (supervision, management, and engineering services) as
the SHA contracting officer determines is necessary to assure the
performance of the conlract.
4. No portion of the coOlract shall be sublet, assigned or otherwise
disposed of except with the written consent of Ihe SHA conlraeling
offICer, or authorized representative, and such consent when ~iven
~:rall~~~I~r:~~~r~e t~~:~~. I~n~:~r~~~~e~~ :;r :SCi~~~I~~:~
after the SHA has assured that each subcontracl is evidenced in
writing and thai it contains all pertinenl provisions and requirements
of the pnme contract.
VIII. SAFETY: ACCIDENT PREVENTION
i'
I
,. In the performance of this contract the contractor shall comply
with all applicable Federal, State, and local laws governing safety,
health, and sanitalion (23 CFR 635). Tha contractor shall provide all
safeguards, safet)' devices and protective equipment and take any
other needed achons as it determines, or as the SHA contracting
officer may determine, to be reasonably necessary 10 protect the life
and health of employees on Ihe job and the safety of the public and
to protect property in connection with the performance of the work
covered by the contract.
2. II is a condition of this contract, and shall be made a condition
of each subcontract, which the conlractor enters into pursuanllo this
contract, that the contractor and any subcontractor shaJl not permit
~~ ~~~~~~~s~~e a~~ t~~s:~~th:~~u~ o~u~~~r;;:
ous 10 hislher health or safety, as determined under construction
~~~~t:~dor~~~r.~~~~~~a~9a ;ft~ i:~~/;~~~~,~~~gXt:c~
Work Hours and Salely Slandards Act (40 U.S.C. 333).
3. Pursuant to 29 CFR 1926.3. il is a conditionoflhis conlract thai
the Secretary or labor or authorized representative Ihereof, shall
rn~~~ti~~~ ~~:~~I:~r ~~~~~I?~;;~: th::~~~~~~ ~~~~~~~
health standards and 10 carry out the duties of the Secretary under
Seclion 107 of Ihe Contract Work Hours and Safaty Standards Act
(40 U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order 10 assure high quality and durable construction in conror.
mity with approved plans and specifications and 8 high deQree of
reliability on slatemants and representalions made by engineers,
contractors, suppliers, and workers on Federal~aid highway projects,
il is essenlial thai all persons concerned with the project perform their
functions as carefully, thoroughly, and honestly as possible. Willful
falsificabon, dislortion, ormisrepresenlation wHh respect to any facts
related 10 the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar
acts, the following notice shall be posted on each Federal-aid
highway projecl (23 CFR 635) in one or more places where it is
readily available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEOERAL.AlD
HIGHWAY PROJECTS
lB U.S.C. 1020 raads as follows:
St:;~~~e;; B~~~8~: ~ff!fee~t6~~~~ :o~~~~r::e/~~:r: p~~~~e:.
association. fJrm, or corporarJOn, knowingly makes any false stale-
ment, false representation, or false report as to the character, quality,
Page 6
quantity, or cost of the malerial usfJd or to be used, or the quantity or
~U:hnO:da6n w::;t:~~~i~~fgnb~r;ZO;::~a~~,t~~~d:~~~
contracts, or costs of construction on any highway or related project
submitted for approval to the Secretary of Transportation; or
tk>:::7~/:::/~W:;~::;s'::~~:n8~:~::p:~/~:::,~t'c~~~r::~~e;;:;,:
quantity, or cost of any worlc performed or 10 be performed. or
materials furnished or to be furnished, in connection with the
construcNon of any highway or relat9d project approved by the
Secretary of Transportation; or
Whoever knowingly makes any false statement orla/se representa-
tion 8S to materiaf facI in any statemant, certificate, or repOft
submitted pursuant to provisions of the Federal-aid Roads Act
approved July 1, 19/6, (39 Sial. 355). as emended and supple-
mented:
Shall be fined not more that $10,000 or imprisoned not more than
5 )'Gars or both..
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
(Applicable to all Federal-aid construction contracts and to all related
subcontracts of $100,000 or mora.)
By submission or this bid or the execution of this contract, or
subcontract, as appropriate, the bidder, Federal-aid construction
con1ractor, or subcontractor, as approprlale, will be deemed (0 have
slipulatad as follows:
1. Thar any facility thai is or will be ulil;zed in the performance of this
contract. unless such contract is exempt under the Clean Air Act. as
:~a~~~/~~ ~:d;ri.I~:I,f,!~Uti~~ ~~~g~c~; :,u~';e:d:r~
U.S.C. 1251 ~~., as amended by Pub.L. 92.500), Exacutiva Order
11738, and regulations in implementation thereof (40 CFR 15) is not
listed, on the dale of contracl award, on the U.S. Environmental
Protection Agency (EPA) List of Violating Facllitias pursuanl to 40
CFR 1520.
2. Thal the firm agrees to comply and remain in compliance with all
the requirements of Section 114 of the Clean Air Act and Saction 30B
of the Federal Water Pollution Conuol Act and all regulations and
guidelines listed thereunder.
3. That the finn shan prompUy notify the SHA of the receipt of any
communicaoon from Ihe Director, office or Federal Activities. EPA.
indicating that a facility thai is or will be utilized for the contract is
under consideration 10 be listed on the EPA List of Violating FaclHlies.
4. That the firm agrees 10 include or causa to be included the
requirements of paragraph 1 through 4 of this Section X in every
~~~:~e~~~I&~~~i~:~ta~n~ ~:: ~~nj~:~~~k:;~~~~c~:~:~s~
XI, CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
1. Instructions for Certification. Primary Covered Transac.
lions:
(Applicable to all Federa~aid contracts - 49 CFR 29)
a. By signing and submining (his proposal, the prospaclive
primary participant is providing the certification set oul below.
b. The inability of a person to provide the certification set out
below 'Nill not necessarily result in denial of participalion in this
covered transaction. The prospective participant shall submit an
explanalion of why it cannol provide the certifIcation set out below.
The certification or explanation will be considered in connection with
the department or agency's delermination whether to enter into this
transaction. However, failure oflhe prospective primary participant
to furnish a certification or an explanation shall disqualify such a
person from panicipation in this transaction.
c. The certilicalion in this clause is a material representation
~~~~ de~~r:::'~ l~~~~~:,in~~hrs~:~s:~~"~f if~~:::~~e~
mined thafthe prospedive primary participant knowingfyrenderedan
erroneous cenification, in addition to other remedies ava~ab'e to the
Federal Government. the department or agency may terminate this
Form FHWA.1273 (Rev. 3-94)
85
Iransaclion for cause of default.
d, The prospective primary participant shall provide immediate
written notice to the department or agency 10 whom lhis proposal is
submitted if any lime the prospective primary participant leams that
ils certification was erroneous when submiUed or has become
erroneous by reason of changed circumstances.
e_ The terms "covered transaction," "debarred,. "sus~nded, ~
:~~~i~~v~:dr,::~::~~~~~~.~!lp;:t;~~!P:;J':v~~~;
excluded,. as used in this clause, have the meanings sel oul in the
Definitions and Coverage sections of rules implementing Executive
Order 12549. You may conlsct the department or agency to which
this proposal ;s submitted for assistance in obtaining a copy of those
regulations.
f, The prospective primary participant agrees bysubmiUing lhis
proposal that. should the proposed covered transaction be entered
Inlo, it shall not knowingly enler into any lower tier Covered transac-
tion with a person who is debarred, suspended, declared ineligible,
or voluntarily exduded from participation in this covered transaction.
unless authorized by tile department or agency entering into this
transaction.
SUbmi8ing ~: J:~:~~~t K~I~;rCI~~~~~~u~ert~:~ ~~:~~c~
lion Regarding Debarment. Suspension, Ineligibility and Voluntary
E)t:clusion.lower Tier Covered Transaction," provided by the
department or agency entering inlo this covered transaction, without
modification, in all lower tier covered transacliollS and in all solicita-
tions for lower tier covered transactions.
h. A participant in a covered transaction may rely upon a
certificalion of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or VOluntarily
excluded from the covered transaction, unless it knows lhat the
certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibilily of ils principals. Each
~~~~~~i~~~r'iS~~~~S~~j~~d~ rfO~k ~~e~~,"~~~~~:~::
Or Nonprocurement Programs. (Nonprocurement list) which is
compiled by the General Services Administration.
i. Nolhing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certificalion required by this clause. The knowledge
and information of participanl is not required to exceed thal which is
normaUy posseSSed by a prudent person in the ordinary course of
business dealings.
j. Except for transaclions authorized under paragraph f of
these Instructions. if a participant in a covered lrans8ction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transacliorl, in addition to other remedies available
to the Federal Govemmenl.lhe department or agency may terminate
Ihis transaclion for cause or default.
Form FHWA-1273 (Rev. 3-94)
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Primary Covered Transactions
1. The prospective primary participant certifies 10 the best of its
knowledge and belief, thai it and its principals:
a. Are not presenUy debarred, suspended, proposed for
debarment, declared ineligible, or lIoluntarily excluded from covered
transactions by any Federal depar1menl or agency;
b. Have nOllNithin a J..,)'ear period preceding this proposal
been convicted of or had a civil Judgement rendered against them for
commission of fraud or a criminal offense in connection with obtain-
ing, attemptin~ to obtain, Or performing a public (Federal, Stale 01
local) transactIon or conlract under a public transaction; violation of
Federal or Stale anlilrusl statutes or commission of embezzlement,
theft, forgery, bribery, falsificatton or destruction of records, making
false stalemenls, or receiving stolen property;
charg~ ';:; ~0~::r:,"m~~~~iC~~i~ortFe~~~ris~~m6~~~~t~~
commission of any of the offenses enumerated in paragraph 1b of
this certification; and
d. Have nol within a 3-year period preceding (his applica.
:~Wl~~~~~:dd f~~~~s~~~ de~~~~.transactions (Federal, Slale or
2. Where the prospective primary participant is unable to certify to
any of the statements in this certification, such prospective participanl
shall attach an explanation to this proposal.
2. Instructions for Certification - LowerTier Covered Transac-
tions:
(Applicable to aU subcontracts, purchase orders and other lower
lier transactions of $25.000 or more . 49 CFR 29)
a. By signing and submitting this proposal, the prospec1ive
lower tier is providing the certification sel oul below.
b. The certification in this clause is a malerial representation
of fact u~n which reliance was placed when this transaction was
entered Inlo. If it is later delermined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition
to other remedies available 10 the Federal Govemmenl, the depart-
~V~71~~~ ~~~~d;::,trn~~~~~;~~:;~~~~~i:~d':ea~. pursue
c. The prospeclive lower tier participanl shall provide immedi-
ate written nolice to the person to which this proposal is submiUed if
at any time the prospective lower tier participant learns that its
certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction,. .debaned, - .suspended."
-ineligible,. .primary covered transaction," "participant" "person,"
.principal," "proposal," and -Voluntarily exduded: as used in this
clause, have the meanings set out in fhe Definitions and Coverage
sections of rules implementing Executive Order 12549. You may
conlactthe person 10 which this proposal is submined for assistance
in oblaining a copy of those regufallons.
e. The prospective lower tier participant agrees by submiUing
this proposal that, should the proposed covered transaction be
enlered into, it shall nol knowingty enler into any lower tier covered
transaction with a person who is debarred, suspended, declared
ineligible. or voluntarily excluded from partic;palion in this covered
transaclion, unless authorized by the department or agency with
which 1his transaction originated
f. The prospect;ve lower lier participant further agrees by
submilling this proposal that it will include this clause titled "Certifica-
lion Regarding Debarment, Suspension, Ineli9ibility and YOluntary
Exclusion.Lower Tier Covered Transaction," wlthoul modifICation, in
all lower tier covered Iransactions and in all solicitations for lower lier
covered transactions.
g. A participant in a covered transacUOn may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or VOluntarily
exduded 'rom lhe covered Iransaction, unless it knows that lhe
ceniflcation is erroneous. A participanl may decide the method and
Page 7
86
frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to. check the Nonprocurement
List
, )
reqUir~'es~~~~rwm~On~~t:ds~t~~ ~r~~~~9s sj~a~r~:r ~~n:~~d~ ~~
good faith Ihe certificalion required by this clause. The knowledge
and information of participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.
i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a cove:red transaction knowingly
enters into a lower Cier covered transaction with a person who is
suspended. debarred, ineligible. or voluntarily exduded from
rr:~~i~:~~~~rJ~~~~~S:~:,~~~ i~:~:~~~~?~~~~~~~~~s~~~~~:
~~~~:~i: ~~~;~e:ba~~r8.ursue available remedies, including
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions:
1. The prospechve lower 1ier participant certifies. by submission of
this proposal. thai neither II nor its principals is presenUy debarred,
~~ft~nxdJ~dfJ~~~ega~~~~r;:'i~nl~i~~~~~':8~i~~lig~~~:F~~~~~j
department OJ agency.
2. Where (he prospective lower tier partlcipsnl is unable to certify
to any of the statements in this certification, such prospective
panicjpant shall attach an explanation to this proposal.
PageS
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
(Applicable 10 all Federal-aid construction contracts and to all
relaled subcontracts which exceed $100,000.49 CFR 20)
thj~'b~h~'p~~~=il~~~~K;~~7to~h7;i6~'h~ t~:,~;; ~~~}:~r.
Ihat:
a. No Federal appropriated funds have been paid or will be
g~i~it~~o;ti~~ ~~n~~~~eU~e~~~d~o :~~I~~eo~:o~~nn~;~~~
agency, a Member of Congress, an officer or employee of tongress.
or an employee of a Member of Congress in connection with the
awarding of any Federal contract. the makin~ 01 any Federal grant,
the making of any Federal loan, the entering Into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement.
been ~~jdl~~~llf~~:a~~~ra~~~::~~~~ ft~~~~~~~r~~~~~6~~
~~ ~~~~.;:s~~~~~~~o~~~~~~~f~t:'~r:~. ~~~~~~~~~~~
a Member of Congress in connection with this Federal contract, grant.
~~a~ijrs~~:~t~~~lleL~~~%~~~edF~~~~~~~ %~~~~:i~
accordance wilh ils instrucHons.
2. This certifICation is a material representation of fact upon which
reliance was placed when this transaction was made OJ entered in10.
Submission of Ihiscertification is a prerequisite for making or entering
into this transaction jrnposed by 31 U.S.C. 1352. Any person who
~~i~ot~l~~~ \~~~e~f~~~~~~~~o~~~a:~~~ S~~o,~Jg ~;~:~e~~~
failure.
3. The prospective participant also agJees by submiltin9 his or her
bid or proposal that he or she shall require Ihallhe language of this
certificabon be induded in aU lower tier subcontracts, which e.kooed
$100.000 and thai all such recipienls shall certify and disclose
accordingly.
Form FHWA-1273 (Rev. 3-94)
87
'}
ATTACIiMENT A. EMPLOYMENT PREFERENCE FOR
APPALACIiIAN CONTRACTS
(Applicablelo Appalachian contracts only.)
1. During the perfonnance ollhis contract, the contractor under-
taking to do work which is, or reasonably may be, done as on-sile
work. shall give preference to Qualified persons who regularly reside
in the labor area as designated by the DOL wherein lhe contract work
is siluated, or the subregion, or (he Appalachian counties of the State
wherein (he contracl work is situated, except:
3. To the extent that qualified persons regularly residing in
the area are no' available.
b. For the reasonable needs of the contractor 10 employ
supervisory or specially experienced personnel necessary 10 assure
an efficient execution of the contract work.
c. For the obligation 01 the contractor to offer employment to
b~~~:~i'; ~~:~.~~eede:h~~h~~U~b~~tot~~n~::u~n~~~~~:
employed under this subparagraph 1c shall not exceed 20 percent of
Che lolal number of employees employed by the contraclor on (he
contracl work, except as provided in subparagraph 4 below.
2. The contractor shall place a job order with lhe State Employ-
ment Service indicating (a) lhe classifications of the laborers,
:o~~(~~~:~~~~~rJ~~~ro~~;~~~~~~dl?n ~~~~~a~~~r~~~~,ct
(c) the dale on which he eslimates such employees win be required,
and (d) any other pertinent informalion required by the Stale Employ-
ment SeMCe to complete the job order form. The;ob order may be
placed with the Slale Employment Service in writing or by telephone.
If during the course of the contract work, the information submitted by
the contractor in the original job order is substantially modified, he
shall promplly nolily the State Employmenl Service.
3. The contractor shall give full consideration to all qualified job
appliesnlS referred to him by Ihe Stale Employment Service. The
contractor is not required 10 grant employment to any job applicants
who, in his opinion, are not qualified to pertorm the classiflC8tion of
work required.
4. If, within 1 week following Ihe placing of a job order by the
contraclorwith the Stale Employment Service, the State Employmenl
Service is unable fa refer any qualified job applicants 10 the contrac-
tor, or less than Ihe number requested, the Slale Employmenl
Service will forward a certificale to the contractor indicating the
unavailabi~ly of applicants. Such certifICate shaJI be made a part of
(he contractor's permanent project records. Upon receipl of this
cer1ificate. the contractor may employ persons who do not normally
reside in the labor area 10 flU positions covered by the certificate,
notwithstanding Ihe provisions of subparagraph 1c above.
5. The conlrac1or shall include the provisions of Sections 1
through 4 of fhis Attachment A in every subcontract for wori( which is,
or reasonably may be, done as on-site work.
END OF SECTION
FOITTl FIiWA.1273 (Rev. 3-94)
P8Qe9
88