HomeMy WebLinkAboutPhillips & Jordan
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roposal to Sunny Isles Beach, FL
for Emergency Debris Clearing
and Removal Operations
RFP No. 08-07-01
Due: August 12,2008
at 10:00 A.M.
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ORIGINAL
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EMERGENCY DEBRIS CLEARING AND REMOVAL OPERATIONS
RFP SPECIFICATIONS
RFP No. 08-07-01
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Publish Date:
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July 15,2008
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Mandatory Pre-Proposal Conference:
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Tuesday, July 29,2008 at 10:00 A.M.
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Proposal Due and Proposal Opening Date:
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Tuesday, August 12, 2008 at 10:00 A.M.
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Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
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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 web site 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 Govemment
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 conceming 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 (Le. 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 resu~ 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 faikJre 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. ClarificationlExplanation/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. Plan holder'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) 955-8n1
(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 lisf.
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 cashie~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 retumed.
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 govemments 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 conceming a question of fact arises under the Contract, other than termination for
default or convenience, the Contractor and the City department responsible for the actninistration 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 Attomey shall resolve the cispute 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 fumish 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 fumish 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 sli>ject 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 Mure periods provided for within the RFP specifications.
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3.16. Perfonnance and Payment Bond: The City shall require the successful Proposer to fumish 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 fumishing materials in connection herewith wnhln 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 Rorida.
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 govem. 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 shan 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 nems not listed in this RFP.
3.21. Delivery: All nems shall be delivered f.o.b. destination (i.e. 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 nems
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 Ucense 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 & Ucensing at (305) 792-1705. If the contractor is operating under a fictitious name as
defined in Section 865.059, Florida StaMes, proof of current registration with the Rorida Secretary of State shall be
submitted with the RFP. A business formed by an attomey 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. Uablllty, Insurance. Pennlts and Ucenses: 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 fumish a
copy of all licenses, certificates of competency or other licensor requirements necessary to practice their profession
as required by Rorida 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
fumished to the City along with the RFP response. Failure to fumish these documents or to have required licenses
will be grounds for rejecting the Proposal and forfeiture of the Bid Bond.
3.26. Certiflcate(s) of Insurance: Proposer shall fumish 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 Rorida
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). .All 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 mocfrfication 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, Retum 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 Hannless/lndemnlflcaUon: The Contractor shall indemnify, save harmless, and defend the City of
Sunny Isles Beach, ifs 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 I or
from any procurement decision of the City including without limitation, awarding the Contract to the Contractor.
3.29. Non-confonnance 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 wor\( 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 wor\( shall be stated in the
Contract.
END OF SECTION
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SECTION 4
GENERAL CONDmONS
4.1. Definitions: Wherever used in these General Condnions 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, fumished by the Contractor
and their surety in accordance with the Contract Documents and in accordance with the law of the State of
Rorida.
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, Rorida 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
QoveminQ 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 perfonn their obligations under the Contract
Documents.
Project: The entire emergency Debris Clearing and Removal Operations to be perfonned 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, finn or corporation having a direct contract with Contractor or with any other
Sub-Contractor for the perfonnance of a part of the Work at the site.
Substantial Completion: The date as certified by the City when the perfonnance 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 fumishing thereof.
Written Notice: The tenn "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 finn 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 ~ves 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, cient 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 StaMes, 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 w~h 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 Hable 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
descnbe a complete Project to be deflVered 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 w~h 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 wnh the
"Workers' Compensation Law. of the State of Florida and all applicable federal laws. In addition, the policy
(ies) must include: Employers' Uability 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 Uability with minimum limits of Five Million Dollars (5,000,000) per occurrence
combined single limit for Bodily Injury Uability and Property Damage Uability. Coverage must be afforded on
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a form no more restrictive than the latest edition of the Comprehensive General Uability 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 Uability and Property Damage Uability.
4.12.3. Business Automobile Uability with minimum limits of One Million Dollars (1,000,000.00) per occurrence
combined single limit for Bodily Injury Uability and Property Damage Uability. Coverage must be afforded on
a form no more restrictive than the latest edition of the Business Automobile Uability 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 fumish 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 fumish 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 perfoRned by any specific trade.
4.14.4. The Contractor agrees to bind specifically every Sub-Contractor to the applicable teRnS and conditions of
the Contract Documents for the benefit of the City.
4.14.5. All Work perfoRned for the Contractor by a Sub-Contractor shall be pursuant to an appropriate agreement
between the Contractor and the Sub{;ontractor.
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 teRnS of these General Conditions and other
Contract Documents insofar as applicable to the Work of Sub{;ontractors, and give the Contractor the
same power as regards to tennination 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 perfonns 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. Rorida Sales Tax Exemption No. 23-o0-477131-54C 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 hannless the City and their agents or employees from and against all claims,
damages, losses and expenses including attomeys' fees arising out of or resulting from the perfonnance 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 itselij 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
detennines 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 perfonned by Contractor, its Sub-Gontractors, 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 fumish 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-fumished 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 retum 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. Arty interest
eamed 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 fumished 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 Tennlnatlon: 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 Slh-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 concitions:
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. IUFOSE
This document coostitutes a Request for Proposal (RFP) from experienced finns to clear and remove and lawfully
dispose of disaster-generated debris (other than hazardous materials and household putresClble garbage) from pubflC
property and public rights-of-way in the City of Sunny Isles Beach, ROOda, immediately after a natural or man-made
OlSaster. The oojective of the RFP and Sltlsequent (X)I'ltracting ~ is to secure the services of an experiEn:ed Cortractor
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 cisposing 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 tor a tenn 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 capabUities for years two (2) through five (5).
'Nhile 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 apprta:hes for clearing, removing and olSpOSing of large voIlJ11es of debris after a major disaster. It
provides general infonnation 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 recr:Nery planning includes (X)I'lsiderations for clearing, removing and
disposing of the volumes and types of debris expected to be generated by a major cisaster such as a hurricane or
tornado. The planning approach is fonnulated in part on the concept of strategic pre-positioning of plans and
resources necessary for timely, coordinated response and recovery operations, incIudllJ clearing and removal of
debris fraT1 plblk: 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 Oearin9 and Removal work
throughout the City. The Contractor must have the capacity to manage a major workforce with multiple
Slilcontractors 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 eslabIished management team, an established network of resources to provide the
necessary equipment and personnel, comprehensive debris clearing, removal and volume reOOdion operations
plans, and demonstrable experience in major disaster recovery projects.
The contract to be awarded win be a ple1XlSitioned contract that will be activated only in the face of an actual
clsaster or emergerq. /Js such, no ~ will acx:rue to the Contractor lJ1Iess and lIltil the contract is
activated either in anticipation of a natural or man-made cisaster or immedately 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 tenn of three (3) years with two (2) one (1) year
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options to renew this Agreement for a total of five (5) years. This wil minimize the planning costs associated
with the program as well as maximize the Contractor's potential for recovery of those costs.
5.2.2. 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 cootractual obigations. The cDuaI
voIl1'Tl8 of debris may be greater than or less than 40,000 Clilic yards. For the purpose of this RFP and solely for
the purpose of standardzing 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 Jess detail, how the Contractor would address larger and
smaller volumes of debris.
The City's g:>al is to complete the debris removal and cIisposaI process in less than 30 days. This assumes that the
entire area of the City will be aa:essible within that period.
5.2.3. Debris Management Strategy
The City will employ a Contractor to clear, remove and cispose of disaster-generated detris. The City will execute
one (and reserves the r9rt to execute more than one) debris clearing and removal contract on a pl'e-pOOlioned
basis for the purpose of having a Contractor immediately available and convnitted to assisting the City in the
aftermath of a major cisaster. It is ~ted that the Contractor will use both local and non.1ocaI Slbcontractors.
Notwithstandng, the Contractor will be expected to use fully qualified and proper1y equipped local firms to the
maxinun extent pra:ticable.
When a major disaster occurs or is imminent, the City will contact the finn(s) holding Debris Oearing 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 Contracto~s) wal also be responsible for the lawful dsposaJ of all debris
coIected from city property and pubrlC rights-of-way.
The Contractor(s) wiI send a management team to the City's EOC, located at 18070 Collins Avenue, Sunny Isles
Beach, Telephone: 3()4..974-0000, within 48 hours prior of prqected hurricane landfall based on the receipt of a
Naice to Proceed and Task Order, to begin planning for the operations and mOOiizing the personnel and ecM>ment
as necessary to perform the walt
There are no Temporary Debris Storage and Reduction (TDSR) sites within the City limits. This wiU
necessitate the removal of all debris to the North Dade County Lanclfilllocated 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 facaity, the Contractor shal nootv the City Debris Manager
immediately and the City will provide an alternate 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 cfJSaster
recovery program. The Contractor will be required to aid in the segregatioo and waste stream managenent
processes. My hazardous materials ancVor industrial hazardous wastes encoontered by the debris rernowI
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.
5.3. INFORMATION REQUIRED FOR lHlS RFP.
5.3.1. Description of ServIces
Submitter must provide a detaied description of the services that helshe will perform upoo issuance of a Notice to
Proceed and/or Task Order. The descr1>tiQn 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 be/ow, will:
1) A detailed ~on of the general sequence of debris clearing and removal ~rations to be
performed.
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 COO1>Iete the removal and lawful cisposal 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
performed in compliance with all applicable local, state, and federal regulations and permit
requirements.
A description of any subconb'acts to be utilized in perfoming these services.
A sunvnary of the submitter's personnel that will be dedicated to the conb'act. The summary must
include: the names of all members of the project management team; the name of the st.bmitte~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 disaste~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 redJction 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 responsibJ7ity 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 perfonn this separation does not relieve the Contractor of hislher
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
· Wor1<shoplPainting Supplies
. Aerosol spray cans
· Indoor Pesticides
· Lawn and Garden Products
· Automotive Products
· Auorescent light bulbs
· Propane tanks and other compressed gas cylinders
. Aammable 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, transfonners, 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
TIle Contrador shaI provide for the cost-effective and efficient clearing, removal, and lawful disposal of debris
accumulated and deposited on pli>ic property, City streets, roads and chi' pOOre rigrts-d-way, and aI'foJ chi'
mlJ$l faci6ty or site except hazardous materials and household putre9;:ilIe galbage, generated by disasters that
in1lad the City ci Sumy Isles Beach, FL SeIVices shall be peIformed on an 'as needed basis' when cirected by the
City Debris Manager. For planning purposes, the contractor shall assume that the total volume of debris is 40,000
Clbic yards of mixed debris.
The Contractor shall detennine the method and manner of debris dearing, 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 leacing to critical facilities and other clearing activities necessary to safeguarding the pubic. The City
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win provide guidance and direction on priorities for debris clearing incident to removal operations. The Contractor
shall present to the City for review and cflSCUssion a General Operations Plan and sufficient supporting
documentation to adequately descnbe 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 responsi>Ie fa' the timely clearing of rooctNays, /'ElI1IOJaI of debris and lawful disposal of
debris, except hazardous materials, industrial waste and putrescable garbage, from:
. City maintained streets, roads and rights~f-way.
. Public property and facilities.
. Any other munapaJ facirlty or stte as may be directed by the City Debris Manager.
. Private property when necessary to protect the pubic or to faclrtate 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 win not be subject to debris /'ElI1IOJaI and cisposaI qlerations unless
specifically directed by the City Debris Manager. The City and Contractor win CGq)Iy with the provisions of the
Federal Highway AdmInIstration Form FHWA-1273 (Ref. H4~ with the exception of the DavIs Bacon
Provisions which are waived for sbfctly debris removal projects. FHWA Fonn 1273 has been physically
Incorporated Into this Agreement In SECTION 23
All debris removal and disposal qlerations east of Collins Avenue (A1A) are the respoosibiIily of the Hotel! Metel!
Condominium owners.
The Contractor may be responsible for sand removal resulting from stann action deposited on Collins Avenue
(A 1 A) and to the West side of Collins Avenue (A 1 A). 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 Fonn
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 perfonn under the contract, but at
the minimum must hold a business license and Contractor's license where services are performed. Copies
pf 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 resutt 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-HurricaneIDlsaster Recovery Operations: Debris Clearing and Removal
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5.4.3.
5.4.4.
5.4.5.
5.4.6.
5.5.
5.5.1.
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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.
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 Oty 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.
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.
City Limits
Debris collection is limited to areas within the City of Sunny Isles Beach.
Quality Assurance
Work will be closely monitored by City personnel and/or designated representatives. The Contractor must
cooperate with all monitors representing the City.
PHASE 1: EMERGENCY ROADWAY DEBRIS CLEARING
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 mob~ization immediately upon receipt of the Debris Clearing Task Order,
meeting the following progress paUems: 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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5.5.2.
5.6.
5.6.1.
5.6.2.
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 wrlting by the City Debris Manager.
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.
PHASE 2: PUBLIC RIGHTS-OF.WAY DEBRIS REMOVAL
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 fumishings
deposited at the curb.
Vehicle TypeslMeasurlng /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 3ft in height. Maximum volume value will be verified by a City designee and hislher 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 solictt 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 commtt 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
Intemet 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 ttems 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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5.6.7.
5.6.8.
5.6.9.
5.7.
5.7.1.
. Traffic signs, signals, and appurtenances;
. Debris on private property except as directed by the City Debris Manager; and
. Privately Owned VehiclesIBoatslTrailers except as directed by the City Debris Manager.
Curbside collection of household putrescible garbage wil 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.
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.
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.
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.
SCHEDULE
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 ear1ier
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
removaVdisposal 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 ensul'B that wherever non-English speaking crews 81'B utilized, at least one
CI'BW su TVlsor 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 Oearing 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 hour1y 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 subsid'lClry 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 truckltrailer 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 sne 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 wDl
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
monnor's copies match the Contractor's copies attached to the invoice.
The Contractor shall include a signed load ticket with hislher 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 EffIclencylCleanliness
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 reacily 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
perfonned 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 infonnation.
The Contractor will submit lump sum cost estimates for each location with unit pricing taken from Part B of the Fee
Schedule Fonn (Paragraph 7.14).
5.14. Tree and Umb 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 detennination 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 detaDed 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 & Umb 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 12. 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 LBSlCy or CY x 0.5 = Tons
. Regular Trash = 300 LBSlCY orCY x 0.15 =Tons
. Concrete = 2000 LBS/CY or CY x 1.0 = Tons
. Sand = 2600 LBSICY 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 waming notification by the City Debris Manager
· The Contracto~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 Contracto~s) refuses to proceed with work when and as directed by the City Debris Manager
. The Contracto~s) abandons the work.
. The Contracto~s) employs subcontract who are on the Federal debarred listing.
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CONTRACTOR(S) PETROLEUM, OIL, LUBRICANT (POL) SPILLS
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.
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.
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 fonn, 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 EPAlState 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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A
SECTION 6
PROCESSING OF STATEMENT OF SERVICESJlNVOICES
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 Services/Invoice. 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 CoBins Avenue
Sunny Isles Beach, Rorida 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 himselflherself w~h 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, perfonnance, or fumishing of
the Work at the Contract Price, within the Contract Time and in accordance with the other tenns and
conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests,
reports or similar infonnation or data are or will be required by Proposer for such purposes.
7.2.5. Proposer has reviewed and checked all infonnation 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 infonnation or data in respect of
said above ground or underground utilities are or will be required by Proposer in order to perfonn 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 solicned 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 conceming this Proposal shall be addressed to:
Proposer Name: Phillips and Jordan, Incorporated
Address: PO Drawer 604, 191 P and J Road
Robbinsville, NC 28771
T~ephone 828-479-3371
Fax 828-479-3010
Attention: Michael Harwood
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. QUAUFICATION
7 At Conbactors will be evaluated for this project based on a two-step process.
Step I. Contrcidors must demonstrate that they satisfy Mandatoly Quarlfication as outlined in Section 3, Sectioo 4
and Sectioo 9. All proposals v,;U be ~ for ccmpliance 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.
7S2. G8waI
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~ocaJ resources to provide services in the event of activatioo by
the Oty following a hurricane, tornado or other natural or man-made cisaster. 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 Miani-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 perfonned 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 hauRng debris from pubflC rights-of-way to an
approved landfill. This work win be performed on a Unn Price bases documented by valiclload tickets.
When identifying resources to be made avarlable 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 avaJlabity of personnel
and equipment as necessaJy to initiate aft required activities within 24 hours of being so cirected and any adcitional
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 equipmenVpersonnel
inventory will suffice. For SOOcontractors, a statement of their commitment to provide resources for this prqect 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 wittln a prescribed operating period of not more than ~ days.
7.7. SEE SECTION 3, INSTRUCTIONS TO PROPOSER FOR PROPOSAL PROCESS, SECTION 4,
GENERAL PROVISIONS, and SECTION 9, PROPOSER QUAUFlER STATEMENT
7.8. EVALUATION OF PROPOSALS
7A1. Potential Contractors will be evaluated for the project based on evidence and statements of
compIiancel1ntent provided in their Proposals. First, the City wiD determine which Contractors are capable of
entering into a contract with the City by satisfying Mandatory Qualification and as ouUined in Sectioo 3, Section 4,
and Section 9 thus making them e1iQlble 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, i.e. consideration of their Project Approach and
Fee Proposals for the services descrbed by this RFP package.
7 B2. 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 quaRfication 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 dsaster debris clearing and removal fran pLblic
P.rty and the public rights-of-way within the City limits and proper lisposal of the debris. The work consists of
loading and hauling debris from public rights-of-way to an approved landfill.
792. Prepand1ess; Key personnel, proposed by the Contra1or under the pre-qua6ficalion precess, 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. Preposltionlng: 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.
7.9A. inspection of Debris: Iv) soon as possbIe after the disaster event has Sli>Sded, 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, streeVroad width, and land use; (3) means to ingress and
egress to work areas; and (4) all other factors affecting the removal and disposal work.
7.95. Coordination: Debris removal is limited to that which is detennined 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 detennine 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 perfonning recovery operations.
7.9.6. CIty Units: Work is limited to specified areas within the Oty of Sunny Isles Beach.
7.9.7 Quality Assurance: Work will be closely monitored by City personnel, and/or its desiglee. The Contractor
ITlISt cooperate with all monitors representing the City and the Federal Enlergerlcy Management NpY;:y (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
Oty property. The types of debris to be removed include, but are not Umited to trees, woojy debris, brush, buiking
wreckage, construction and demd'llion debris (C&D), and personal property and household goods on pOOlic property
or in pltic rights-of-way. Hazardous materials are not covered by this scope of work.
7.1a2. PreparaUonlSubmlttal: Prior to commencing any removal work, the beds of all hauling vehicles must be
measured to detennine their fully loaded capacities. All measurements must be made by a joint City or its
designee/Contractor team. The vehicles must be marked extemally with the owner/operato~s name, the contract
number, vehicle ID nlrnber and the fully loaded capacity. Those markings must be clearty 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 rlSl of all vehicles, with the owner/operators name, vehicle ID
number and hau6ng capacity must be submitted to the City Debris Manager before the vehicles are placed i1
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.
7.1Q3. 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 COIltra:t;
however, cdlection schedules may not necessariJy coincide with the debris removal work. Hazardous materials
include chemicals, petroleum products, paint products, asbestos, power transfonners, oxygen bottles,
propane tanks, batteries, industrial and agricultural chemicals, cleaning agents and similar hazardous,
dangerous or toxic materials. Some prelininary curbside separation will be attempted, but contractor must be
aware that hazardous materials might be commingled with debris. Contractor shan take every precautioo 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 handing of any
hazardous materials inadvertently loaded by contractor forces. Contractor forces must notify the City Debris
Manager of kx:atioos where hazardoos rnateriaIs are encountered.
7.10.4. Other NonoCoUectlon Items: The following items must not be removed or hauled to the designated disposal
sites:
· Household putrescible galbage
· Electri: 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 properly
· Vehicles. boats and trailers
· Household Hazardous Waste
Curbside coIectioo of househok:I putrescI)Ie garbage wi be handed by the usual public and private haulers.
Household galbage 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 utiUty
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.
7.1o.s. 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.
7.1M Loading: All loose debris, such as tree limbs, must be reasonably compacted on the hiUng vehDes ctJrilg
loading. All debris extending beyond the vehicle in any horizontal drection must be cut off or otherwise removed.
7.10.7. Hauling: All vehicles utilized in hauUng debris must be equWed with adequate means for containing the load,
inducing 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 coostnded. Sideboards must be coostrucled of 2" x 6"llI1i>er
or greater and may extend no noe than two (2) feet beyood the metal bed sides. Vehicles must be equipped with a
tailgate or other devices that will effectively contain the debris on the vehk:le whUe hauling, and also penn~ the
vehk:1e to be loaded to capacity.
7.10.8. Dumping: All debris must be hauled to an approved landfill. The Contractor must make every effort possbIe to
separate trees, woody debris, and brush from other types of debris at curbside. All trees, woOOy debris, and
brush will be accepted at the designated landfill. Construction and clemolition debris must be similarly
segregated and transported.
7.10.9. Equipment Storage: The Contractor is responsible for locating areas where hislher equipment may be stored,
serviced and repaired and coordinating with the City if said location is in the City limits. Such areas rnust na be
located within rights-of-way or in any areas that would impact traffic flow or produce a safety hazard. This does
not preclude par1<ing equipment for short periods of time, including overnight, in right-of-way areas where work is in
progress; on-site refueling and operating checks including daUy maintenance wil be allowed.
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7.11. SCHEDULE
7.11.1. Removal Operations: Must begin within 24 hours ~ receiving the NoIice-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 helshe deems
necessary to ensure effective management of the overal debris removaVdisposaJ operations.
7.11.2. Working Hours: Unless otherwise permitted by the City, wor1<ing hours for removal operations shaD be limited
to daylight hours.
7.12. EXTRA WORK
At the City's option, the scope of wor1< may be expanded to include Federal Aid System roadwyays, public parks, other
recreational areas, drainage structures, and channels.
7.13. UNT 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 un~ price per cubic yard or ton must include all sLt>sidiary costs,
including but not limited to labor, eql.ipment, fuel, maintenance, general administration, and overhead and profit.
Compensation will be based solely on the w1l1T1e of debris haUed as c:kx:umented by 001llIeted load tickets
adniistered and validated by City monitors.
7.13.2. The following conversion factors will be used to convert from Clbic 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 LBSICY or CY x 0.25 = Tons
· Yard Vegetation - Soft Wood = 333.33 LBSICY or CY x 0.167 = Tons
· Yard Vegetation - Hard Wood = 500 LBSlCY 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 LBSlCY 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
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Part B - Hourty Prices
Equipment and Labor Rates
Equipment Type Typical Hourly Hourly Total
Clearing Equipment Labor Hourly
Crew Rate Rate Rate
Makeup
Bobcat Loader s 88.00
Bucket Truck 186.00
Chiooer/Mulcher (S" throat) 60.00
ChiooerlMulcher (12" throat) 75.00
Crew Foreman w/CeIl Phone and Pickuo 82.00
DumD Truck, 18 Cy.20 CY 72.00
DumD Truck, 21 CY-30 CY 80.00
Grader w/12' Blade 115.00
Hvdraulic Excavator, 1.5 CY 125.00
Hvdraulic Excavator. 2.5 CY 135.00
Knuckleboom Loader 180.00
Laborer w/Chain Saw 52.00
Laborer w/small tools, traffic control, flag person 39.00
Lowbov Trailer wfTractor 125.00
Mobile Crane (Adeauate for hanging Iimbslleanina trees) up to 30 ton 195.00
Operations Manaaer w/CeIl Phone and Pickup 98.00
Pickup Truck, 1/2 Ton 18.00
Traffic Control, TempOrary Sinale Lane Closure 150.00
Tree Climber s/Chainsaw 62.00
Wheel Loader, 2.5 Cy, 950 or similar 112.00
Wheel Loader, 3.5 - 4.0 CY, 966 or similar 120.00
Wheel Loader, 4.5 CY, 980 or similar 140.00
Wheel Loader-Backhoe, 1.0 - 1.5 CY 125.00
Other - Please Ust
Notes:
Noll 1. Total TlIIII IlId IIa1Irlal Prlcelwlllnckldlllllllbor (cperatOI'l, Iaboral'l, and lupervllol'l), equipment and materlalllncludlng but not IImI18d
to: luppll8l, equipment malnlllnance, rapall'l, repair partl, tuell, h.alcantl, cellular phone.. tranIportlllon, trafftc control and hoUlIng, " raqulnld,
IIlICIIUIY to lICCOIlIplilh the proJect.
NoIll2. Iden1Ify the Eq~mentlPel'lOnnel that collltltullla Typical Cllarlng Crew In the colllM provided
The Contractor will provide 4 (number) of crews dedicated to perform the Work within the first 24
hours following Notice to Proceed.
The Contractor will provide 8 (number) of crews dedicated to perform the Work within the first 48
hours following Notice to Proceed.
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SUBMITTED THIS
DAY OF
,20
If PROPOSER is: AN INDIVIDUAL
By:
(SEAL)
(Individual's Name)
Doing business as:
Business address:
Phone No:
Facsimile No:
If PROPOSER is: A PARTNERSHIP
By:
(SEAL)
(Finn's Name)
General Partner.
Business address:
Phone No:
Facsimile No:
If PROPOSER is: A CORPORATION
By:
Phillips and Jordan, Incorporated
(Corporation's Name)
North Carolina
State of Incorporation:
Representative:
Edd Satterfield
(Name of Person Authorized to Sign)
T~e: Assistant Vice President
Business address: 191 P and J Road, Robbinsville. NC 28771
Phone No: 828-479-3371
F!4~MMetNl;" 828-479-3010 t;F?7/J~ - ~
~"" &. JORD ",~ttest: r ~ ~
~ ~~ ............ 1~ '" (PresideAt)
~.;j .. '. ~ \ \ << + V'
!~ JCOrp~~~iSea~.. ~ ~ 'I\~~L '+-~t'- . ce,
:3: : cpt'>; AII2' \ 0: ~ - l ...L
-a. : .' - r res. \ ~ ~Y'\.,
\ ~!~t~l~lir v;NTii;-------.--.-....----------....--...--.-.-..--------.--------
~ ~o'.. .' ~ ;:
~ ~ .. .. ~
~",~....~\c~~,~
.~..,""'\"
(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
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()
See Attached Corporate Resolution
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
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,.....
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:
"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."
, held on
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
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r'\
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 , day of
20_.
Secretary:
(SEAL)
END OF SECTION
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^
SECTION 8
BID BOND
STATE OF FLORIDA
COUNTY OF Miami-Dade County
KNOW ALL MEN BY THESE PRESENTS, that we, Phillips and Jordan, Incorporated as Principal, and
Safeco Insurance Company of America , as Surety, are held and firmly bound unto the
Ci!y of Sunny Isles Beach., a municipal corporation of the State of Florida in the sum of
Five percent of the amount bid Dollars ($ 5% ). lawful money of the Unned 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, Auaust 12 2008 for: RFP No 08-07-01 Emergency Debris Clearing and Removal Operatiol')s
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 w~h 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
12 day of Auaust ,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
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IN PRESENCE OF:
Phillips n J rda
B:
>mJ~~Principal
""'"''''''
!\,"';' .lORD "'"
,...~'?:J &0....."...4111 ~'#
,,~ .. . ~ ~
~ ~ .. -. ~---
_......., . e. . ~ ,.
::::d". O\'.?ORAii:" 0:
:=r::G i.:
: 0..: S fa J\\L: !
... ". It)"
. . . ~
\ ~s;orporat~~~f' J
~rOi ......... \,((., ~~
""'" '8/NS'I\\; ",...
~'" ,,~
'......,."
191 P&J Road
Business Address
Robbinsville, NC 28771
City, State, and Zip Code
828-479-3371
Business Telephone
828-479-3010
Business Facsimile
ATTESTED:
8t 1l~1.c\ fflv2R!J.
~
Safeco Insurance Company of America
(Corporate Surety)*
B' ~~~:YnJ1~
y. . .
Catherine L. McMillan
Attorney In Fact
*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
COUNTERSIGNED BY:
x~~ j ,'k(#...
RESIDE T AGENT
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()
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Safeco Insurance Company of America
General Insurance Company of America
Safeco Plaza
Seattle, WA 98185
l!l
POWER
OF ATTORNEY
No. 12745
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation, does each hereby appoint
**********************THOMAS H. MCCARLEY, III; CATHERINE L. MCMILLAN; Knoxville, Tennessee**************************
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this
5th
December
2006
day of
~~~
.
-a~'
STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to ~ppoint individuals as
attomeys-in-fact or under other appropriate titles with authority to execute .on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFE CO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any.certificate executed by the Secretary or an assistant secretary of the Company setting out,
(I) The provisions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors
of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution
and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
tilis
to
r40~5U~+
, Qc/)i
day of
Safeco<lll and the Safeco 1090 are re9istered trademarks of Safeco Corporation.
~~~
STEPHANIE DALEY-WATSON, SECRETARY
S-0974/0S 4/05
WEB PDF
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()
SECTION 9
PROPOSER QUAUFICATlON 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.
Phillips and Jordan, Inc. provides disaster debris removal services as well as
pre-planning and preposition contracts. With our successful disaster recovery projects,
such as the World Trade Center attacks and Hurricane Katrina, P&J offers
"a proven solution" during difficult times.
9.2. The address of the principal place of business is:
191 P and J Road, PO Drawer 604
Robbinsville, NC 28771
9.3. Company telephone number:
828-479-3371
9.4. Number of employees:
1000
9.5. Number of employees assigned to this project:
TBD
9.6. Company's Identification Number(s) for the Internal Revenue Service:
56-0694573
9.7. Miami-Dade County and City of Sunny Isles Beach Occupational Ucense Numbe~s):
Miami Dade # CGC 034188
9.8. How many years has your organization been in business?
56
9.9. What similar engagements is your company presently working on? If none, write "none".
NONE
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9.10. Have you ever failed to complete any work awarded to you? If so, where and why?
NONE
9.11. The work described in this project is to occur within public right-of-ways, parks, public facilities, and
buildings. Ust similar governmental or quasi-governmental projects for which you have completed or have on-going
services. If none, write "none".
See Attached References
PROJECT 1:
Project NamelLocation
Owner Name
Contact Person
Contact Telephone No.
Yearly Budget/Cost
Dates of contract From:
PROJECT 2:
Project NamelLocation
Owner Name
Contact Person
Contact Telephone No.
Yearly Budget/Cost
Dates of contract From:
PROJECT 3:
Project NameILocation
Owner Name
Contact Person
Contact Telephone No.
Yearly Budget/Cost
Date s of Contract From:
To:
To:
To:
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9.12. Ust 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-. 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-Gontract any part of this work?
TBD
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-Gontractor.
Classification of Work Name and Address of Sub-Contractor
BKW, Inc.
5607 Duval Street
Debris Hauling Pensacola, FL 32503
Diamond C Transport, Inc.
Debris Hauling 900 Thomas Avenue
Leesburg, FL 34748
H & R of Belle Glade, Inc.
Debris Hauling 715 Hatcher Road
Belle Glade, FL 33430
Optimum Services, Inc.
208 N Parrot Avenue
Debris Hauling Okeechobee, FL 34972
Siboney Contracting Co.
Debris Hauling 1000 Southern Blvd. Suite 300
West Palm Beach, FL 33405
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 substiMe
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 hislher qualifications and experience in
managing similar work. Edd Satterfield, Assistant Vice President
Edd has been project manager for numerous ROE disaster debris removal jobs.
He supervised work in Daytona Beach, SWA, New Smyrna Beach, etc.
Totaling over two million cubic yards of debris removal and disposal.
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.) Phillips and Jordan, Incorporated
191 P and J Road, Robbinsville, NC 28771
President, Ben Turner
Corp. Secretary, Connie Nichols
9.16.1. Correct name of the Proposer is: Phillips and Jordan, Incorporated
9.16.2. The business is a (Sole Proprietorship) (Partnership) (Corporation). Corporation
9.16.3. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as
follows: NONE
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".
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".
NONE
9.18. List and describe all successful Bid, Perfonnance 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.. 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". NONE
Dated this
8th
day of
August
,2008.
~~
Signature
Edd Satterfield
Print Name
Assistant Vice President
Title
The foregoing instrument was acknowledged before me this "ir day of
,',........"
"f: ~~~l~~C~.~ ~ <>-,,~ .
~~NOTARYSTA ...RE)
.. ...
€ "OT A~~ 'i
~~ I:)CJS\..\c, ~ j
~1!t_ ~ ~
~;~ ~"~
"',,41 COU~ ,\,\""...
'""........,,'
~ l '~2008 by
NO~~:.:,-~~. ~~ "'-'"
~ \ ~ Y\~Q..... -:s-- ~.:2...S___
Print or Type Commissioned Name
Personally Known ~ OR
Produced Identification ; Type of Identification Produced
END OF SECTION
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SECTION 10
NON-COLLUSION AFFIDAVIT
North Carolina
STATE OF FOORID'Ac
COUNTY OF Graham
The undersigned being first duly swom 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,
Phillips and Jordan, Incorporated
(Name of Corporation, Partnership, Individual, etc.)
a, General Contractor
(Type of Business)
, formed under the laws of North Carolina
(State)
of which he is Assistant Vice President
(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. ~/J ~ ~ t\ 0.
c~ Y-- J )-\. os ~"' ... -\-t.""",- -\- \) \ C 'E' 'Yr ~s ~ d. e. V'. "'\
AFFIANrS NAME AFFIANT'S TITlE
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this -2:- day of ~. L ~^ Q-l-
Personally Known ~ or Produced Identification
Type of identification
~~""~'~N;;""'"
iarTiefey S ",
~.:s! '
~..... ~
1-.1 ~,..fN 0 :.
=w g" :
; ~ '~2E
~ . PUe" ~..:
.~ ~
'~A ..~ ~.
"'''1M Cov~,...
,,'tJ
""""
,2008.
~~~~
NOTARY UBLlC (name prin Cl or typed)
END OF SECTION
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()
SECTION 11
PUBUC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Rorida State StaMes - "A person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime may not submn 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 perfonn 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".
CONFUCTS OF INTEREST
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State StaMes. 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.
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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 swom statement is submitted to City of Sunny Isles Beach City
Commission
by Edd Satterfield, Assistant Vice President
[print individual's name and tiUe]
for Phillips and Jordan, Incorporated
[print name of entity stbmitting swom statement]
whose business address is:
PO Drawer 604, 191 P and J Road
Robbinsville, NC 28771
and (if applicable) its Federal Employer Identification number (FEIN) is 56- 0694573
(If the entity had no FEIN, include the Social Security Number of the individual signing this swom
statement: .)
11.2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Rorida 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 invoMng 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), Rorida 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 infonnation 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), Rorida 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 tenn
"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 ann'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 Rorida 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 tenn "persons" includes those
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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.)
..L 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 swom 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)
Edd Satterfield
J
(Printed Name)
Assistant Vice President
(Title)
Sworn to and subscribed before me this 5?" day of ~ 8:'- A. ~-\- , 20~, by
~~~ ~~~~'C'~\~~ .
4h~V~":Ytf~M 9\.. ~
(~~~NUT~IV~~;~PHERE) _~.r-..~ C v ~
~ ~ ,-- "....n .,~
~.... u- .,
"h~ ~
i ~ ~csr ARt, \
i ci = ~ \ '-. '(\ "'- L:\' tiY\. ~-..S'
~ Q PU 8\. ,c, s E Print or Type Commissioned Name
..~ 'IIIIiO~
\~Iy ~ OR Produced Identification
f'~t!~ rocluced
fl',.....
END OF SECTION
Signature: Notary Public - State of Florida
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()
SECTION 12
NOTICE OF AWARD
TO: Phillips and Jordan, Incorporated
PO Drawer 604, 191 P and J Road
Robbinsville, NC 28771
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 fumish 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 NOnCE 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
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SECTION 13
DRAFT AGREEMENTCITY OF SUNNY ISLES BEACH
EMERGENCY DEBRIS CLEARING AND REMOVAL OPERATIONS
WITH
CONTRACT NO: CD70B-_
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 Ronda (hereinafter referred as
to "City"), and , a , authorized to do
business in the State of Rorida (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 MA", which is
attached hereto and made a part hereof; and
WHEREAS! 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 MA. 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 MS". 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,
pennits, 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
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uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with
Contractor.
13.5. UQUIDATED 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,
attomey'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 ($5,000,000) combined single limit occurrence.
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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' Uability 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 Uability 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 Uability and Property Damage Uability.
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 Contracto~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 crednors.
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 Arbnration 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, retum 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 ovemight 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, Rorida 33160 18070 Collins Avenue
Ph: 305-792-1701 Sunny Isles Beach, Rorida
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, Rorida.
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, Tiffe 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 kt 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 pay or other forms of
compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the City setting forth the
provisions of this nondiscrimination clause.
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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 CONTRAcnNG 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 govemed 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 shaD 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. CONFLlcnNG 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
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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
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SECTION 15
FORM OF PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Rorida Statute 255.05, we,
as Principal, hereinafter called Contractor, and, as Surety,
are bound to the City of Sunny Isles Beach, Rorida, 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, joinUy 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 attomey's fees including attorney's fees incurred in appellate proceedings, that City sustains
because of default by Contractor under the Contract; and 15.2. PrompUy makes payments to all claimants as defined
by Rorida StaMe 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 perfoRnance 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 instiMed in accordance with the Notice and Time Umitations
provisions prescribed in Section 255.05(2), Rorlda Statutes.
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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
(CORPORATE SEAL)
(Signature)
(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)
(CitylStatelZip 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
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()
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 hislher their signature; and hislher 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 goveming body.
(CORPORATE SEAL)
NAME OF CORPORATION
SECRETARY OF CORPORATION
END OF SECTION
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()
SECTION 16
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Rorida Statute 255.05, we, , as
Principal, hereinafter called Contractor, and . as Surety, are bound to the City of Sunny
Isles Beach, Aorida, 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 limned to, damages for delay
and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor),
expenses, costs and attomey'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 (1112) 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.
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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 ntle Signed Above)
IN THE PRESENCE OF; INSURANCE COMPANY:
BY:
-Agent and Attorney-In-Fact
· (Power of Attorney must be attached)
(Address)
(CltylStatelZlp 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
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()
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 hislher their signature; and hislher 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
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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
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SECTION 18
EQUAL OPPORTUNITY/AFRRMATIVE 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: Edd Satterfield, Assistant Vice President
Arm: Phillips and Jordan, Incorporated
Address: PO Drawer 604. Robbinsville. NC 28771
END OF SECTION
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SECTION 19
CONFLICT OF INTEREST STATEMENT
North Carolina
STATE OF FOOmSA
COUNTY OF Graham
BEFORE ME, the undersigned authority, personally appeared Edd Satterfield
swom, deposes, and states:
, who was duly
19.1. I am the Assistant Vice President
with a local office in Zephyrhills. FL
of Phillips and Jordan, Inc.
and principal office in Knoxville. TN
19.2. The above named entity is submitting a Proposal for the City of Sunny Isles Beach, RFP No.
o B - 0'1 - 0 1 described as: Emergency Debris Clearing and Removal Operations.
19.3. The Affiant has made diligent inquiry and provides the information contained in this Affidav~ 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 prolXlsals 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.
~ };~ ~ SCII.-~~('~,-Q.,\.~.A~s-\-. \j f
AFFIANT Print or Type Name and Title' ,,',..........,
Sworn to and subscribed before me !!lis _ day of , 2008. ~",~ ~ N C t.I 0"""
o Personally Known ~ OR ~~" :.z,~",\
o Produced Identification ; Type of Identification I ~OT AI\>>~ <.f) \
NO~A~T~N~a~llaL'C cj:
,~ ~. i
~~+ _.A~~
~""I COUN ,-;,~",...
76 ""........,.
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SECTION 20
DISPUTE DISCLOSURE FORM
20.1. Has you firm or any of its OfficelS, 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) yealS?
YES NO x
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) yealS?
YES NO x
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) yealS that is related to the services your firm provides in the regular course of
business?
YES x 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 outcOllle or status of the suit and the monetary
amounts of extended contract time Involved. See Attached
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.
Phillips and Jordan, Incorporated
Firm
August 11, 2008
Date
~~~
Authorized Signature
J
Edd Satterfield, Asst. VP
Print or Type Name and Title
END OF SECTION
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SECTION 21
ANn.KlCKBACK AFFIDAVIT
STATE OF Ft~m\ North Carolina
COUNTY OF Graham
I, the undersigned, hereby duly swom 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 ns 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: Edd Satterfield, Asst. VP
The ~ng instrument was acknowledged before me th~ Z day of ~n ,20~ by
}-~ SC't.....~" ~\ ~ \ A [name of person], as A.<:.~~~"\C!lt.._-\ '\I;p
[type of authority], for~~ ~ \\ 't p~ <3. ~~~ m....., ~W\C!. [name of Party on behalf of whom instrument was
executed]. "....""
.~'1~'lNN I""
AFFIX ~ STAM~~l;fo;.
~ 'vq"
~ .V: ..-
Sti) NO~A (\\'\
!:u ~ .....~ (J):
: ~ 1I~ :
-- ~ vL, =
\ "!#_ C ,.." I
~ .., '" ~
'\ " ~. ~.:>
""'1. aUNT'l. ",,~
o Per'~.~ OR
o Produced Identification Type of Identification Produced
~ ~m""- C' ~
-Nota Public - State of North Carol ina
~ \" '(\. "'- ~. --:::s-- ~ e... '"
Print or Type Commissioned Name
END OF SECTION
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()
SECTION 22
PROPOSALCHECKUST
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
..J Proposal Response Sheet I Fee Schedule Fonn I
ProDosalSceafications
..J Proposal Security - Five Percent (5%)
..J Certificate(s) of Insurance
..J Certificates of Competencies
..J Local Business Tax (Occupational Business Ucense)
..J State Ucense(s)
..J Ust of Proposed Sub-Contractors
..J Proposer Qualification Statement
..J Non-Collusion Affidavit
..J Non-Kickback Affidavit
..J Public Entity Crimes Swom Statement
..J Acknowledgement of Confonnance with OSHA Standards
..J Equal Opportunity/Affinnative Action Statement
..J Conflict of Interest Statement
..J Dispute Disclosure Fonn
..J 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
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()
SECTION 23
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
REQUIRED CONTRACT PROVISIONS
FEDERAL-AlD CONSTRUCTION CONTRACTS
P8ge
=~.:::::::::::::::::::::::::::::~
~Ied FecIill.. ............... .. .. .. ... 3
PIIymen1 rl PrMINrmined MNnum Wage ......... 3
Sl8Wmenl8and~ ........................ 5
ReGoId of Mate_. SuppIIelI. and Labor ........... 5
SutMlIlng or Auiar*Ig the ConItBct ............... 5
Safety: kcidenl PnMInlion ..................... II
F.. SlNmenll Conc:8mina HiaIMaY Projecla . . . . ., 6
In1plemenCrion of ae.n AIr Act ind F"edIQI
W8t.. PoIutlon ConInlI Act ...................... II
=~~~~=~~~...... II
Iilln ~-J.: of Connc:t Funds for
l..Clbbying .................................... 8
ATTACHMENTS
A. Employmenl "'-'-lor ~ Contnlcta
rllducfed in ~ cannca Cflly)
L GENERAL
1. n- con\rwcI proviIIons.... ~ \0 II work pll1annecl Cfl
the COII\l1IcI ~ the contI8dor"I CMl\ OIPnlzMion and with lie
--.nee of WClIlc8ta under Ihe ClriraCtOr's inm~un-
cIence and \0 II worlt peIfoImed Cfl\he conIr8c:I ~ . al8lkIn
work.or~~
2. &cep\.. oIhsrwIM pnMded for in MChNCllon.\he contracIDr
8hBlI --. In _c:Il ~ .. of \he "~Iona conlBlned In
th_ Rsquqd ConncI PruvIsloM. and IuI1hsr ~ IlIit
inl*JaiDn in Bnf kMer lilIr 8Ubcan1rBd or pura.s. order lhBt mey In
IUm be 1Illldti. The ~ Connct PruvIsIona shel nol be
Incorpcnled by.....noe .. BnYc:asB. The prime ~lIhIIll be
respClnsIble for ~lCll by 8ny sutlc:onhdor or Ioowlr tier
aubconlnIdor with "- R8quQd ConlnId Pruvisions.
3. A blNc:Il of BnY of.. sllpuldans ccnlslned In II-. RequIIed
Con1rllC\ flrcMslorw chili be IIllIcIenl grouncIs lor IsrrninBtiCfl of \he
COl1II'ltCL
.t. A lnadI 01 the faIIDwina clauses olllle Reqund ConIf8C\
f'rcMsIans may lII80 be growds far dllbarmen\ .. provlded in 29
CFR5.12:
l.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
Section I. ~11IpII2;
SeclIon IV. p&IignIIlhs t. 2, 3, 4..nd 7;
Section V. ~ 1 Bnd 2lI \hnlUgtl2g.
5. DilIpulesarlslng out of lie llborlll8ndelds provisions of SacIion
IV except ~ 5) .nd Section V of II-. Required ConInIct
~ shBII not be ~ 10 the generlll cIIpuln cIlIuM of Ihill
eonnc:t. Such cliIIlUles Ih8I be rHoI* in _d.nlO. wlIh lhe
proc:edura of the 11.5. Depanmanl of Labor (DOl).. MI foIlh In 2Q
CFR 5.11. BIIlI7. DIspu\a wItlIn the ~ of this d8uH InducIe
dispul.. ~ the conlrlldor (orBnyof lis 1IUbc:onIrIldln) and \he
ccdnIcIing agenc:y. \he DOl, or the conlractDr's ampIoyees or Ileir
~llIUvn.
6. &8Iec:tIon 01 Labor: 0uMg.. performance of \his 00nInId.
\he c:onInlclor IllalJ not:
.. cisc:mlinBIe &gainsIlIIborfrom.ny other S181lq a 111 .1 [".
~r . oltheUnlled"Slales(8lU:eptforemploymBnlprelerencelor
r;onnccs. when eppIc8bIe. .. apecified in AIl8chmen\
A.or
b. 8l'I1P1ov convict Iabor.for .~ purpoae.tl/rin the Iimita of the
projed &n" 8 ill Isbar performed by c:orwic:ll who .. Cfl parole.
supeMsed rele8Ise. or probe1ion.
II. NONDISCRIMINATION
(Applicable to ell F~ ccnslrUdlon con\IadS end 10 ..
FOITl1 FHW....,273 (Rev. 3-94)
related subconlIKls of 510.000 or more.)
1. EQuelE~l~ Equelamploymentopponu-
n/ty (EE:O) ~ not 10 ~ end 10 I8ko ef&rri181iW1
IIC\Ion 10 IIlSSUIII equBI opport&nIy.s MI forth under 18wa. eucutlve
0Idela,..... regWetlont 128 CM 35. 29 CFR 1630 and 41 aR 80)
and orders of \lie Sec:te18ly of l.8bor _ rnocIflsd by \he pItIVIslonS
prnotJed '*-in. and ~ lN~nl 10 23 If.s.C. 140 shel
c:onsIlIuIe \he EEO end sP8CiIic .1Iirm81M IIC\Ion Il8ncl8rdt lor \he
c:onncton proJeclllClMies uncI.thill oonlnICt. The EqueI Qppo/tu-
nIy ConstruCtion ConIr8cl Spec:lIic:ationI.l forth under 41 CfR eo.
d 8nd the proviSions of \he Amsricen 0lAbiIitia Act of 19!1O (42
U.S.c. 12101 811II-1118I fonh under 28 aR 35 end 29 CFR 11130
8re inr;orporetea by rill1lrence in IhilI conInlcl In" U8IUIon of \his
Clllllrm.\he conlI8cIor -ar-a to ~wl\h \he following rNnimum
Ip8dfic requnmsnl8dMti81 of EEO:
I. The ClDnhc:Ior... MlIk wl\h \he SleI8 "ig~~1GY
(SHA) .nd !he FedIQI GovemmenIin c:enying oul EEO lions
end in \IMir I8Yiew of hl~ 8dM1IelI ......r di8 c:mIrKL
b. The contrac:1or .. IICIC8p1 .. hill opere\lng policy Ihe
foIoooIng lIl8Iem8nI:
'1 illlIIe policy of \his Company \0 ._ Ihel 8PllIicenll ..
employed, enclll8l ~1_lrUIId lI!Jring ~
\IlIflhouI regent 10 lheIr rece. reIIglon. sa. ccIor, 1l8\io1W origin.
8118 or diubllly. Suc:Il lIdIon &hell Indude: empIoymen~
upgrdIg. dIImolion, or 118n1fer; ~ or recnilmenl
~; I8yoIr or 18nnInllllon; ,.. of pay or: 0Ih. farm8 of
~ a MlBdion fl:Ir ll8inlng, IncUIIng epprenUcs-
ship. ,..~-A..IhIp, 8ndIIlr ClII-u..job balntn;..
2. IEO 0IIIcer: The ccnlr8dor wlI cleIIgnel8 and meke knoMl
to \he S~ ~ oIIIcers .... EEO OlI'ar who wII '- lie
rsspansIblIlyfor encl must be Qlpllbleof 8lr~ 8dmlt 1lBaet;.lllend
~ ... lIClMI c:ontrac:lor progrwn of EEO and who muIt be
.sstgned 8d8qIaI8 euIloriIy end rtBPOl.sIlIIIy 10 do eo.
3. DilMmIn8tion or Polley: AI members ollie conlnIcIor's Ill8If
who ere 8U1horizecl 10 '*'. suP8MM. promole, and e
~ or who NCDnI1leIKl such ecllori, or who.... euban
iIwolYed in 8Uc:Il 8dIon. wit be made luly c:ogn\z8nl 01. end
impIsmenI, \he alII\mdor's EEO poIic:y...d l:OI1lnIdu8l ~
IlM \0 pnIOIide EEO in eech gtP and d8ui1c:81illn of ~
To _1IIe1 the8bove egreemenl.. be met. 118 foIowing8clions
wi! be lIIk8n .s a mlnlmuni:
e. PericxfIC IllMIings d 8Up8M101y .nd persomeI oIIlce
employws will be CXIIllIucIed before Ill. IItlIrI of WOItl a __ nol
.... often then once every IIix monIh8. .t",*" IIm8 the CIllIltr8dor's
EEO polley ails irnpIemenl81lon will be ~ and explliled.
The.-linge" be conduc:Iecf by 118 EEO 0IlIcer.
b. AI MW ~ or permnneloflloe 8/llIlIOyees wi' be
~ .Ihorough indoc:Irin8lIon by the EEO Officer. c:overing s. mejor
8spec\a of \he oon\Jxtol"s EEO ob\lg8Iions ....in Ih/I1y dsya
IalIoWng Iheir reporting for duly .... 118 c:onlr8c1or.
c. All perB<<lneI who ere engaged in lire rec:rUlmenllor lie
project .. be lnIWded by lhsEEO 0IIic:er in \he contIlIdol's
pl1lC:8lIur_ far IoclIllng end hiring rr*1orily group empIoyse&.
d. NoIDs and polIlers 88lIing forlh the c:onIr8Clor'S EEO poiey
wi! be p1Bcedin81U1r88C1ly8l:C8SSllle 1O~. 8PPIicen1l ror
8IllIIIDYmtnl end pol8nII8I8mpIoyees.
e. The conIr8cIor's eEO policy and the ~cb"es 10 ~
men! such poli~ .. be broughllo \he .aenbllll 01 employees ~
means of rneelings. employ" h8ncIlooks, tY other ~e
~.
4. R8cruitment: When 8dYe~ lor .fI1lIoyees. the I:Ol1IladDr
wi! inckICI8 In .. ~.n\s for 8lIlllIoY88I\he no\3\Ion: .An
Equal OpponunityEmpIoyer.. All such~ wIlIbeplar;ed
"'1
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n
~-:.:.~~::r==="=r::::::.-
.. The~""""'==br.~
:,=:.=..-=:c..=..-,~
U""'l'.~ To_IhIo~Ihe_
_1y__of.......IIA:-.~emp...,...,...s _
willi _ _ __ ..".." ,,",,_I) _
""'*** ...,............IoIhe_.........,....conIlllei-
-..
b. InIhe_tIlIconncIor....wdd~~
pr..-,g...-'*Wlahlll........... 11__10-...
...pnwlllcnsof....~ 1O..._...._......pemIIa
tIlI~---=-_EEO_~ (TlleDCl.
~":d~'=~~-;"..:r:::=
_10 do... _. _ knpIom..-.,......
Odor 11:M8._--'1
c. The....-..enco&nIgOhIIl"'-:.=-lO....
"*""IlJ_............ ~ ..,__
_ ... ..ill 10 NIonlrll m1riortly _ ~ .. be
cllIcu-.d.....~
5. ...........AcIone: W-uH. -'dngoondllonl.end enIIlIolM
bonIIIlIlhII1be_end_._...-icIilno
of .-yo type. ~ htqa. UIIllJ8lIi'Ia. pI1lmOIon, nnofet.
--. IorOlI. - -. IhiII be ....... ~ Iegll!lIo
.... coIOrr.=: -. .- ~ . OI~. The
-.g _..-.t:
a. _.._....-~ofpqaa
===...~~~....~~ .dollOl
paId":;"The~:~~~~==
nalOly- ..-...
-:In=-.a:=::=-~~.c.=
110ft. _ aoIcIoaca II -. ... _.::.=.'"
:=r-=..:==--~=::...w...... ==
lndudIeld_ .--.
"':'~"':::::I"~:::::'::
oIJIgIIionI undar hi -. 11III lIompllo ....... oucIl __
pIoInIo.and..___.---a_
_ 1f...~-'*...d-...,aIIed
pe-",,*-"'~----
1ndudI___ Upon~of""'~
::-._....1iIIOrm _ry 0111I 01 Ilia_
.. TnInI"Il__:
~==rmn:::.=~==:i.=
apJIIcanIa'" ........-.
b. ~t.........,*-,-_forca~and
.. pormIIaIoIlI undw ~ and SIN........ Ihe _
- - 11M -":10,- i..~a~and
~~~ 25:'=':==:=
aIdI .........-. _ .. In _ .... waar '" ........_6.d~ or
~ 1n..._aopadol..-.tot-'lI=::'undar
:"~.~"be~" inlhe
~..a:::-=-="~~;.:
",_"'aIdI.
cI. The _.. ~ _ RIo "**'11-
===~-::====
lion.
_~~ 1f1he~=","'::.:="C=
1o_InIhe~oIaucltunionllO_"O~'"
.... .
-
riloIIy~and _ _till unions, andlOlIIlect.....
br IUCh .... 01 "*""IlJ and __...,.. Al:llcra" RIo
::r':':"~~~==:.l..:eaocWoftaalng
.. The_"__eIIootIlo~
lUl_tIlI-,,,*,,lraHng~__
""'"' "*IOll!Y """'" -- - -... In II.
=::':;::a;:=:':~~-='"
b. The_"___IO~..EED
_~""''''''~Io .....,..._....... be
~ bound 10 '* 8IlI**IIa IlIlIIoIa NgIIllIO Ih*.-.
COlor.1IIIgIon, -. _ or-. . or dIIaIlItJ.
c. TIIa_IIIo___..Io..._
1QClic8I_ poIIcIee-" ilia _~_IO"-"
_lnIomwIicinlllllltlm.._ ....IIbor.....
and _ _ ..... __ 10 _ ~ 10 RIo
_. I" _ .... .. 0IItIY '" tlwllHA end .... II8l
--....---"'......--
d. In'" _ ... ..... II...... to prooIde .._
_.__oInohottyand_l'II_1IIIII'jn"_
1InlI...1OItl1n till ClOIIacIIve ....... .......... ... _
... IllwgII ~ .....- iIfIlile. iii... ~
__~IO"',_,nIgIDn,-._Otil*l.
.... or cIMllIIy: ~ .. eIIorIs 10 _ ~ ......
cMIIIbII n*lollty _ ~ end -. (TIIit DOL _ held
...._be 80_...... ..........,.", ...__
. - bergaInIng -- ~... --
IaIIad '" .... "*""IlJ- ~ III... _ .. ............
..- ..-... ... ....- ...... .-.g Ihe ClbIgaIIarIs
==:.=--='~~-:.'=.--
.. _01_"'_.."'--01___
..-.golE........... The__.............ClIl..
~1:=:...:'...-:-~~~=
_d.......... and _.. erPpmonL
.. The__ noIIY..polen'iII~end
...-.. d",",- EEO~ undar..........
b. D...........,......en1a1prie81 (tIlE)...daIiIad In 40
CI'R 23, _ _ equII-....1O -.... ... end pdlnn
Illbcxr*- _ .. =-- ..... kWl ......... 10 ....
_ ""'- _.. _ ..........10 IdIcIt bIdI......
endlO_DBE__or__r-*'IIfld
c:.4~..:'=-_~~-::"-~'SiiA
~
c. The_......Ilia_.."'......_
.............. _ ... EEO oblIgIIIonL
e. __---=The_eI1aI~__
..-rlo_......,....,._.... EEO.........
8uc:Il-.ll _.. -..cI'" al*locl d _....-.g
c:ompIrion dlhe_ _ and ....be_IIIl:tI....--
:::::.t ::-~Ir-*"'> bv--..~_oI..
L ""'--Ioesltbv..---....
--.a:
-~.::..~~~.=~~=
polljoc:t:
12I The ~ end ..... being ...tn............
_........ .....~.Io"'-emptlrment IlppOIIIdM
... __ and-..en;
"**'ll.~~=-::===.=:=:
end
J'" The __ and elIcIIlI bei"II mado In eecurIng Ille
...- . DBE eubci>nnctare or __.......nli\gfl.I
lIinorIy.nd ,...... ~ afIIClIlg.......,...
b The..._'" _ an..... M1lOIIlo Ihe SHA
Form FHWA-1273 IAn. 3-14)
81
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()
)
...,. July lor IIIe _.... projC. ~ __ aI
onilollI1. ::,=~~"::;b;C:-"",=
~............. II ID bo .......... Fam =,.,. II.......
Job~" bolrIgNqUhdby........-...__
benoqWreClb ClIIid _ '-' ~__
ilL IIONllEGREGATED FAClLmEI
~ b.. ........ __....- _ 10"
__"I~.OOOOl_.)
at [~~=",..:.:=.:r.:=""":=:,:
01,......._. ..~. "1lilIlW, F:=_
lion _. ............. ........ eowIor. or vendor. ..
~""_"IIm_IlllI_Ot~Ior'"
....,.."....", ngNgIIed.... at.",.. b........_
tIlel thit 11m _1lllI....... b ~ 10 pedomo \helr........
at en, Ioc:eIIon, ....... -. -- ~ .......
IftIinlelned. The 11m _ .... ....... ciI iii ....-..uan II .
oiolIIIon cI ... EEO ~ of.. __ The IIml ......
__"'no""""_bo___IO~_
on ..1lUo of _ or-..
b. "" wed -............... ........ "IesJ'egeted .......
m_.",.....-.a _ __ _erid-..,
....--....-*'8-.---- -
_ __ 01 IIl-*G --. pMdng Iota. ...-. IounIolna.
='" ~~~ ~"""==""-:"'by '=
~ 00:...., '" led. ~ 011 1M _ cI .... color.
reIgIon, .._ ~ .ge or --,. ...... a11lell1l. IlaI
cullom. or __. The...... --. _ bo lor lhe diMIlIed
__.. _lor --..,0MIIde III.lI.lIIAIllod pnIng).
Co TIle__....._or..._
===.,":"..c::.:==:..=
euDIIIr __ of 110.000 or __ end ... II .. ..... eud>
c:wIIliCelfOns '" b __
IV. PAYMENT", PIl2IlE1BlIIIIIm___
IADollceblt ID .. F-.....Id ....1IrucIIon __ ~
S2,001'."" ID.. _...-. ......Iorpqecle_ on
~_"__lI'nnlmnorcalledon.__
euqIl.)
1.0...:
.. 101 mec:IWlIca _lIboIWISeqlIo\Iod II' ~ upon"
... of.. _... bo paid ........_~.... _ oIIen...
_ . _ end ..... ........ _ 01 rIboIe on .",
-- I... - ...,.cII -- . .. pemoIIIod ~
~(211CFR3I_by"~a1Le__"
CcjpeIend Aa(40 U.s.c. 2'IlIc...... _ of.-gnend _
~ ~ (II' ..." equMIonIs "--"I chie .. lime of
~_:-~":--be==':'-:rlhe~-:
LeIlorCheteInelW...IleOIo:.........,_ 1Iell8dled_
end........, "-of, '-"lIeaol.", __ ~
_ may be eIoDodloedil '*-'.. _orb-..
___ __end.....,..,..., TheWllge_.,iIl_
~ng""~===m-=~
OtForm~411!l]_Ile~" "'_by"_
_ Ie IUIIcor-. .. IhII ... of .. _ '" . ..- end
---ot:=:- --... ....._bylhe....... For"
:.=::.::'~-"==~~
o..tHleconAclI~U.s.~)..._a1-.or_
____IDIIUlh_or_nice...,biOCIlO
Ille ........... '" SecIlon IV. --" :!Ib,....... -La.III!
_ of"~ ~conIrtIlu*Ina....Ot_.........
lor I1IOnlthen . ~ pedod (buI not ... often ... ~~
.............. -. or Pftlll'WN. - ...... .........._ ~
~-s.:."'.:::..~n;::a~ ..
._ ....IInd/mge _on lIle_deIenrIIaelion
/or ... dhal'ICIIUon 01 _ ......., perIarmod. Wllhou1 ~ ID
1ldI. ""'PI" powIdod III ~ 411nd 5 01.... _ III.
, ,
F.... FHWA.-U73 (Rev. 3-84]
b. ........... 01_ perIllrnlg _ III _...._
=: :'&.bo,::,,~ ':'-;"',"::,~':.-:
~~IeClOI\tI~MlIcdI" .......eech
c:IeioIb1ioft ro ""*" _ II pedoriaed.
Co 101 ndraIlInd ............ "'.. llrooIe-lIecon Aallnd
nIolod _ oonlliIlod '" 211 CFR 1.3. _ 5........ ~
by"-'" .... COIll/eCl
2.~~
-:. ~~..:...~~:t.~"=
='~~'T~~_bo~ln-
b. The'""*-<ting.................. en oddIlIonel~
:::'==...,Iririge-ClIlIJ-IIle-.g-
(1) "_ID"'~ ~E~cIeulIca-
tion ~ II not pedoriaed by . .. !he _
--.;
(2) ... eddBbneI cteuIIkaIIon II""'''''' _ by 1M
-Ind.-y.
(31 .. pIqllleod ..................", - ldelmge
-._._.--.10.....__
In" _ -.....on; end
"'-In':l.==:"~==. -..-..
c. .lhe_or~..--...
__ _ _ II ~ ID be.....,..,. III... eddIloneI
=:u:. ~1IoI! ~.: == :e.~-:o-=
='::nIor..:1:=t~J.:.= ~
__cllIleWegeencfHour/liwlllon, ~lItendeIde
-..on. ~.c. 211Z1o. The weoe _ lieu
~or.. _==:.--...:~=
......endllO:=....-..;ng_OI.. notIIylhe_
Olg oIIicer_.. 3CkIeJ period Ihel-... _ 11_.
d. 1n"_"_OI~"eIlllnlClfI.
ale, .. _ 01 mec:IWlIca 10 ... ........ In IIle eddiIoioII
~Ot_....._.end"~_do
notegreeon"pIqllleod~__ "'11rdl*IG'"
- ~ lor tinge -. _ ........], ..
--.v..............IheQuelllllne. ~ ..._of..
___......IIndIhe._.._._oI..anr-.oIIoer.
10 ... Wage .... Hour M......... lor _ _
=='1o:::=:':..~1',:::=':'lI-=:
=-=.:.:~ olIceI _ .. 3Oo4ey pMod ...
~=::~~==...~
_ID .. __ ~1";"'1n III. _ CIIeIIIIcelIlOI
'''''" the.... day on _ _ II ~ In ...............
3. "-'" 01 Fr............
.. __....__....~In..oonIrecl
lor. .... cI _01_ ft:UIee.fringe"""_
llnot~ ....houIly..... "_01'---'
..~ _.....~.. _....Iod"'lhlI_
dIlemIW'eUon or IhIII pay _ _ lillo Imge _ or en
houtlJcae~_
b. ....._OI_._lIAJIOllllele.donnol
..... IleJIl** 10 . ...... 01 _ IlinI -. -.. Ny
.......... ... pel! 01 .. _.. 01 .", _ or _ lhit
amount 01.", COIlS --'>Iy ~ III ~ bonelillo
~~41=:=n.::z:m-..=.:-'..=-.~
"epplicebIe___oI"'~AcI__""" TIle
~ 01 Lebor IIW)' ..... Ole _ 10 .. uldo In .
_..........._ /or"'-o.vol~uncllt"plen
01 pro;tem.
.... .
82
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llot.::'-_r- lI'_ofllle U.a. 001.)_
..~:
(I) ~"be paomiIled III ....___...
...__ood... for...... Ihay......... _ ...,...
~ ......... to and 1rcMIuIf, ~ In . bonj ...
!I"':''!'......... plIlpIl ~ ~~~~.L~....
T.-.a AdnIIr-. Bw.u III __ anil1'raInlng. 01
=~-===-=J:~~~
_....__In_.. proglarII._II"",
inIiwiMIJ~~ IM_ tieen GIlIIIadllJ
=-~~T~T~:..~-::e
........--.
12l1ll~=:"'d~,::
=::n..Nliollllll'illod:t,; oonlrKlor.IO........
"""".. ragIIIaNd.......... "",....,..,.. _OIl. payooIl
aI an __ _ _. _ II nDI ragIIlIrad 01 _
~._-. .....bepaid nal....1IIan..1IlllIicaIIIa
= _ _ In ... ... ............... for.............. d
0Il...-;.~'==r..~~~~~
_~nal__ 1IllPIicIIlIo_...on...
==ar~':.t:-:..7:0~'":;.=~
.~_""1IIaI1n ..~ II "UiIIInG."-
and_P_In.---..cI..jDumaJmII_
hcutr.... 1n.............Or..~ 1 ...~~
_be-.
PI e-r~_be paldal nal_...........
......, ~:~ for .. ___.. IewI d
cr'=-In 1Ila". cI~_hclurtJ
..... be paid tlr1ta """11 In :.::.::.... .. ~,;-:.:
~~ i"u:...app...:.~.:'=..=c":
.... Iiatad III .. _ ~ for ... appIcallla
- .... - 10. lie Wage _ HaurDlolllan
- IllIl . ..... JncIco ~ for ... IIllPIicIIlIo
:c:.:e_~""'_bepaldln"""-""'"
OI.~(::=--~~~='~
=.=:.~~.:;~.--==:r..:
..... .. __ "'_mk.... rala for.... -.-- ....
pMomlad IIJ ..... ~ - an .....- _.... II
~.
b.T_
.--U)~~.:=~~~-=.-:.n:.::
j,orIonnad _ ..., ... amplaJad purIO!Inllll and hIMduIIIr
::=1n.::w="':'J:-~~-=
~
(2)The_cl.....ID~~OIl
... Job ... _ not be ~ .... ~ """" lIlo pIIn
appQoad !II' lie ~ _ T..1nha Mo" II Ian. Mt
...-- _ 0Il"~ aI. _.. _ II... ragiotarell
~:.;-.,.'=':=="~~~~
_ _......_~.......dauF_oI....
acIUaIIJ parIonnIcI. In -. any no- ....-"g .... on tie
Job...ln_III.....Iio~_...reglsIiowd _
:::.:.::.:::-.:n:.:~_.... on 11Io_
__ Wlllo~c::e - be ~.:,.':= ~..::.:
---. ~~~ ~- -,....
opocifIod In IIla __ _ 'doIAirmindon. T...... ..... be
paid Iringo bonoIilIIln -..... .." ... prowIoiono cI ...._
c:c- -:..a:, =::""'Ir'" ~~ -:::'~'*.::i
_ d-..modonunlou IIla Ad_......, d 1110 Wage and Hour
......
DlvIIIaII__IhII....fo......,,~ program_
-_......~~!IIl(III....on.._
-........... ....... ....... bloa _ .. IrIngo ........ far
----. In ...... ........ ~ _ _ 1110 _
IrIngo banIIIo_~
{ollln"_ "EropIoJmenl_T-.g~
lion _ ....... d . ~ _. ... _ 01
~.. no ""- be ponNlIocllO _.... aI...
..... ... 0llPbllIt..-.......- rala for 1110 wall porfomlOd urllI
an oceoplIbIo.--.ola......-.
c. .......,
........ be PImlihclIO .... on. Pflliod'........
cIoooirallon II .........a and dIllnod ... ... ~ IIIOllI
_OIII__..-....._prI>COlbo
ut_InSecllonhl.2. Mt-~on.~..'-
_ ...._ fonDI. ~..... __CIoIinIIan.~be
C::':-~"=~J~==~~ dolo......
5. .........-. _ T_ ....... oflho u.a. DOT):
~and~-.r"""--__.u..-.l"'_"
.:'~"''' ""*" _ baori _ IlJ .. SecftIono 01
T . ~ EEO In _ .... fednI.ekl
~___"'lllllMljoclIO"~
..~.d..Sedionrv. The~_~IIIOllI_
........-.....-......J:::....-
==-...r.:J~=~~.:"~:
..- ........
e. WIlhboIdII",
The sw...... upon"l*I ocIICllcrupon____ cI
an __ ,op.__ cllho DOl. -.okI, 01_ III be
.........,,1Ionl.._0I__.._0I
..., _ F.... _.... lho... pIlme _. or "'"
===-':;,.cc:==:..~~~
................... """'** or m--=be_
;'~~'=-==b,-=-'::-""'or:'==
1OI....._.._~..._In.._d
.... III Ill)' ..., _ 01 lnduIIllg ..., ......
-. 01......=:5 OI~ ...1110.... cllIla-. 011 01
porIoI...= blt...-. 1lesw.--.g0lllc0r
_._ 10..._.....__.._...
_Ill_IIo___cl...,.~-.-.-.
0.__01_.....- __ COIiIocL
7. __RoquIN_
No _ 01.........,....... ......-... far...,porI..1Ila
_ _ _ "'"' Nquira 01 ~ I1io ~1lI ..
=====..c;::o.....~:::=.
:::.=~""'=Ii':i~~~
_cl4O-.1n__.....__._.
wolctmon. OI~ _ ~.. ....1lOl__
~..::::.'=".::::=clllI)'foroll-._
a.~
..-,....~ Wauoo; ~ DImogoo: In 1110 _
:.=-""'::'.:-=:::~""':d.f...-:-~
Ill... __........,..Iar __\II1lNl.... In_.......
_and~_ belllblollllholNods-.r..
lIo_d_...... __IGr...DlMtcld~ or
alOrlilolJ. III _1JIIIricI 0110 _1OlrlIOIJ)....1QuIlII1Id ~
Such ~ dImogoo _ be CClI1IpllIId"" roopocIlIl ....
__.-.~..~~In
_lion cI... _ IOIIor\1lIn ~ 7. iii... .... III SID for
=='==~-=-.::===
"""'*" oIlho -... _ ~ 1lJ.. _ 00I1ortIl1n
porogsIIIIh 7.
t. WIlh_. lo.UnpoId Wogoa_ ~ D_ps:
Form FHwA-I273 (Rev. 3-DC)
83
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()
llle SHA.... upon....._ 01_ _~", eny
.1llhOtIred ..- ", .,. DOl. wIlhIdI, ... ..... 10 be
---'1romWll'IJICriIe~CIl_"'_~""
"'_OI~_."''''''"",*-"OI''''_
F_ CIlllhCl _ ... _ p\Inlj _. 01 My _
F_~.""""'*'I~""CorncI_ttaura_
s.wy Aa. _Is _..,.... _ pr\IM_.
==~"'=-~~.....,=
~~ ..llftl'AdIdln......... _ In:""
.-.
v. ITATEIIUTI AIlD PAYIIOUI
~.... F...,......, ~ __-.g
12.000_ .......---. -.,l1or1lRlioc* IIQlodIlll
~ -* .. _ .- or IUl8l ccG.oIon. _ ..
1 CompIi8I.._~ ~caCFRS):
1bo__~"''''~~",,,,
s.a..ycl"-_..._~ ..,.'-'--
2. ...,..........,..,.. "-*=
.. "-"'* - ..... - rWIkIg ....... .... ...
-- ..,... ........- - - -- cutng...
=-:r'" ~ -: r..-=:~.....:.~..=.::
=:~--. -....... ......------....
b. llle...,..,. _ ___............., UCUItIy
_r. ..... 4idch.. ", ..". ..... .......,..; .. or '* _
............Ilculy.....",_ PlII!l (Inl;UIng _cl_
..... 01 _ nIcIpellMllor lloniIllcIlo lInle-MNIb ... ....
........... ......" ... IJl* doIcrIlled In Seciion IIb)(2)(8) aI U.
o.wlI _ Acl); CI8Il' _ ~ ..... aI biiUrii -.01:
=.:s-,;.=-~T..:r"''''':''~~
-..._____.0I_1lDl.--,_.:::::
_ u cleI'noil iI ~ A. ~... 1. __...
==:-~-:=:=...==~=
=~"':~~l~'==-=J:."":
n_...bt_...a.;.............___
...u.__..prowIde_.........~ hlU.
JIlIn 01 progIWft .. ~ ~ ... ...... or JlIOlPlIl
....__In.clllllQ....._OI_
---. _ _... CllII....ucipilIMI.......... CllIIIncurNclIn
~~--~.. ~..:'=
:;;,-_cl..~"::=z::;.,__.nd
_ -_ _...-"'.........bIe~.
Co EecII_____......._.....
~~-:r'_=" .:.t:.":t.~l=
.~ __. _ '*"-- _In SeCtIon III. ~
PIN. - 5._ ...__--"'q4gId on_cIuIlIla
u..~_~. The~..-...,....eil
.,........wy - dill... ___ reqond III ...
- .- --':11 alllIa S4cIioIl V. TNt 1rIfarm4....
nwy ... -..u.r In ... bin d4ohd. 0Iil1onlll Form ~7 II
_.....1lIa _ 4I1d maJ.........- ""'" IhI ~
-",~~ItDc:kIUl'lbll~I..II.I.I.S.
=:.~IClI.~dC.~~
..~.
.....:;~===:~~~.:~
=:ad WIllI "",s.. .....-1IIe.~lellIIe_
..... the _ _ _I....., IIle 1cIoMlu:
-=':~=.::==.m::
S_V _1101l1Udl_1I__......-..:
(2) t/WllUdlllb<nr or "*'- ~~ MIper.
p:,ik;i=':.,=~.=..oo:.,,,:,,~=
_dncu,ClIfndncu,._.... ..._____
Form FHWA-'2n CRew. _)
_ dINcIlJ .. ......., ""'" ... u ....... _. _ awn
'*'*"* dIMIUCIIOnI... foftlln... ~ 28 CFR 3;
.:J.~:.!'_..._'--'*'IIDI-
hi IhI _ _ 4nd fring4 ...... Of.... eqIMIonl
lor ... 01 -.01 ,*"",,*, _ ...- In 1M
8PJlil*III...._~1nlo...-.
e. llle~~cI.=...-~
===..~..=.~.:~~7ce-~
.....,..,. ~ 2lI "'.... hcllon V.
~..n:.:="'.w:..':t:...':=...~~
1001 4nd 31 U.s.C. 231.
g. llle_"'___IM-o.
NqIftd "'--'21> "'1hII_ V.......... ~
lion. lIlIMoa. 01 ~ ..,. aJtIlartNd ____ 01 ...
5HA. ...-rnwA. ClIIM DOL. _..... ........IUCII............
10 _ _"...,.. duma -""'II __ Oft \hi job. . IhI
_..._WlIo""'''' rwquQd _..10
........... __."SHA,'" AlWA,'" DOL. ordnwy._
-.. _Ill the _. _....", ar_r......
=:..--~. ..;~:-:'~~~':::'
f_~~__"""",Io__
--nwy.......-""----..
2ICFR5.12.
VI. RECOIID M MATERIALS, IIUPP\JES, MID LAIlOR
,. On"~_Oft"'__~~
.....,. _ IIllicII __ .....,..... 1M Ir-...n cI jlrdKlIve
...........IPdo-naa. ___-"ul:lIMI1lII
.....................cliedllbor......=--~--.
==-..:=~~CFRas)IM~-=
e. Becxrne............ III '" Il*k ......ri4lo _
I\IIlll1a corMined In Farm FHWM7. .,....",...", ~ 4nd
LIilOrUMdbyCornclor"'~ean.ar.-1-.a F_
Fundo........lo..._..-....c "'_ _INI ~
b. _n.reantcllhl_COSI"'..__
IUIIllIieo puodlued...._ ~ in.. -. __ "'the
~"'_opedIc__~_...Form
FtlWA-c7. 4nd In" _ -'1lII Form FHWM7.
-:-="':an~"~~~=
In lb_IlI__IIJAlliII..__
==~:.wodl~ ..._____
..~=...-=-=.:::~"=~
__.... ...1IbnIIIMI.
VII. lIU8I.ETTING OR __ TIm CONTRACT
1. TN_....IlOIfonn,.;u, .....~..........
::'===':"..':""~.!:~~~
~~:L~~~~
= -'7~,.""",*,nwy"'_"""'Ih._
_C1pitce befcnClOfllllUlnl.._al_ NllUhd
10 perfOlIMd..,.u.. conlI.-'a..... __ (23 CFRtI35).
.. 'I\S...~. _... _10 n:use anIJ
-- ~ IInd .... cIrwdIJ by ... prInoe __
~1_Gt_"""'pdme_.""'''''_1
01*8.... SucIII......... nol ~ ......,..... 4qUIprIl6IlI cI
...."
84
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'"'
"
._.....,...ar....cflllepMJe............
b. "SpocIdy ......,.. ... CllIIIlIIlId "'... ~ '" .....
==-....==~-=:=--=
::'~.:.:==.::=.=r-..II>
2. Tho___-...~_forIhln
~ 1 cfSecllcn VB II.........., 1nc:Mtos... _cf_
8I1d__praIucto_"II>"'~ar~
Ilyllle__......-..-.
3. TIllI__bnilll(aI.....,.......~cr
__ _10 ~..,.. ...... ......1UlhoIty 10 chc:I
~ 01 ... _In _ wlth 1IIe......,.. .....
-._..lndltrgeat..___~cf
_peoI.........-'l8l1d(b1__cf..0M'I~
-~.............. 8I1d....-....a __I.
... sw.~ ...._. ...c.-y1D_1IIe
...-.-cfllle-.
4. No portion cf......-.,.. ... "-'aagr.dor.--
dIop.-d cf aapC _Ihe _...-nl at.. SHo\......-.g
.....01 aulhortrad ~ 8I1d IllCh -cf . '"'*' ~
lIlId no\'" CllIIIlIIlId lll.__... __ any~
1or..._0I1III-. -_.....aMnClftlJ
.... ilia SHA ... ....r hi aec:tI _ II a.tiItnced In
..tlIng..,.... 1 c:adIlnt.....- """",and ~
01... pIma_
VII. llAFETY: ACCIDENT PRIVEIftlClII
I. 1n~0I""_"'_1haI""""'"
=~~dFR~Tho--:~IIla'1':':'~
aaIaguanla, ...... ~ 8I1d pollladIwe eq...... 8I1d -any
_ _ad 8CIiona .. ~ -. lit.. .. 8IIA -.clInG
"'may_.Illba--"'~Io-""allli
8I1d - 01........... .. job and... a'!felj 0I1he J"Il:. and
~..,~",Iil.:--"'_"~ ""_
2. I. a candIllan cf IIlIa -.cl..., _ ... _ a c:andIIDn
oI-=II_._...__InIo_1101llla
.......... 1/lal1lla __ and "'" IOIbcolIlMcIor _lllll pemoI
""':=-c:..c= 01 1II.-.cl. "'_In_
:::: __ or-':-':;;:::'~-=~
-atr and _ _~ a:R 1828) ~ ..,...
~~~'::==(=J.~."CorncI
3. Pur.-.l1028CFR Ilia:!, I. a _cf...._ hi
... ~ cf LIbor '" aulIlcNlad ....-..... _t ...
~!.f.:'...-=,2...~.:.~===.:::=,.:
=~...~~=:;,ts:aly~~
(40 U.S.C. 333~
IX. FALSE STATEIIENl'S COM:ERNIIIG HIGHWAY PROJECTS
In order II> _alllgh ..-IIY 8I1d ....... _In COI'Iot-
mil)' ..." apprawecl-" and ____..... and a ~ dIgrM cf
......,... _ ancl ....__ _Ily .......
............ a&lpIlhIa. 8I1d ___... """""1llO""-Y prIljada.
::..=:~~=~~~
......a1ian.1IoIollIan. or~wIIh""",,", ......,,-
,_'" Ihe~ 10 a _ 01 F_ law. To 1ft"Inl.-.r
_.._ ~.....-.- cf_ and_
-. ... fo _ _ ... poalIld ... -=II ~..-..cI
~ projocl a:R Cl351 In .... '" _ ... _ . Ie
...., --...10.. ptIalOla....-.oad..." ilia pnljac:t:
IlOTICI! TO AU. P!RIOIINI!L PGAGED ON FEDlAAL..Ul
HlGllWAY PROJECTS
18U.s.C.I02O_.._:
_ W1II." _. ~ Of"""'" d ilia ~
Stale.. 01'0/"", Sr... 01' T"'*"Y. fIr _. _'-'
._IIon.am;,Of~-.w_"",__
mM.tMa__.....Or_-'.I:l",._.,..~.
-'
~. 01'_"'...__01'''',..-.'''....,..,.,'''
q/8IIyd... _ pMatmad or 10 ,. '**""*' Of III CDllIIraiad
In ..-acfon _ ... ..........., d plana, -. ... r - r I' .11,
--. Of..... dcanatucllon 011 "'" /lbWUor""'" p<<jad.
......, lot I(J{JtIMII:l ... SacIw.y '" r~_. Of
_Ar""'*VY__--.___
_ ...-,,,,w.._-IWII*I 10"'__. """,,>,.
==. ~:;rlo~ == ::.~~~;:
_ d MyIllJ!l*e1 or _ ptttJarI fItJpIrNad by ilia
~dT.__IIIl.t..or
_~_My"'_OI'...___
lion .. .. ~ ilIcf In "'Y -. ........ 01'-'
....... ~ 10 ,...,...."..,. d ... FetIftHId IlllM Ad
.",- My I. IIJ'8. /3Il SIK _ . __ and ......
........r;
-""fIIad""'_ """//'0lllJ0I''''''''''''''''''''__
5,-01'.......
II ..uamnATIDH OF CU!AII AIR ACT AIm FIIlERAL
WATI!R I'OU.U1ION COIlTROLACT
IAPllbIllaIoalFadnI4Icl__ancl'"aI_
~d'1ao,llQDor_1
By _ d II. bill Of ... _ d IIliI -.cl. 01
.-...... ~.Ihe bidder. ~_
~=-:::;:;;~..--....._...-
~~':7-~:::'::'~=~~~-:
__ loG U.s.c. 185711-. _ _.., Pllb.L IJl_l
n _... FacInl_PiiNIan Cor'IlIllI Ad. __ (33
U.B.C. '251....._..,P\lb.L12~Euc:ullve0nler
11738.and~In""-_ a'R15)1e....
-. ... ... dale 01 ....- _. ... Iha U . EnwftJniMrUl
~..., (EPAI L.Iol cf VIaIolIng F_ IlUIa*lIIo 40
2. ThoI...lImI apea '" ~.., _In......,...,.,._ ..
....~OI~ 114li11laClaenNlActand Sac:tIan 308
~~=...W~ Coma Act and aI........ and
3. ThoI.......... IlRIl1IDlIIt nolIY ... SHA cf ilia ..... 01 ~
_ ""'" Ilia Dncior. 0IlIca cf F_ Al:IhoIIea. EPA,
:=~~~t.~:=~=~-=::.:
~~~lot=~::r.=..,~..:;
=--=-::=~~%.~:e..:"~
llL~:OV::=~II~ON,
'0 _.Iar Catl/lI_.........,. ~ T_
llana:
~Ill"~_-48CFR281
a. By _*Yo 8I1d --.g .... pIIlpCUI. .. paa,-..
pm.y1*ldPl" ..-.0'" -..~_.
_~n:.~~.:~"'~~.==:::
......, --.... TIle praepacIIoa ........ _ -.II an
upl_ d ""'. C8lIIlIlI prcMda...-......... Ml ~_.
TIll ........... or 1llplanatIan......llllIlIilaNd In......-_
.. ~ '" aaInoY'I cIIIamoInatIon ........ to..... !nil> IIIiI
_. ~. ....01... PftIII*l......m.y~
III IumiIII a C<<lillcallon cr an uplanallon .... ~ _ .
........ ""'" parIidpItion In ........-..
c. Tho_lnllllacla_Ia.___
d __ _....... _ ~ _ .... "-"'*" '"
__.adlo_1nIo ..._. 1Ii1i1....._
_...... ............pWnatyPllliClllanl~_..,..
......... CIIlItlcIiian.In _10 oIlir..-........"'...
F_~."~"'_ma,_'"
Fcnn FHWA.1273 (Rev._,
85
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tl
_101_"-
11. lbellftllllOOlMP*nerYpel\icIpMl_lM'l"Ide_
___Ill.........- '" 8g111<y1o""""""'~ iI
~==~~1Iaa ...::=
-~-..~'*-.
..lbe__-..~..~.
~:.",..,..._~.~~."perIon,.
=-~-~~;:;;;:;;:."'==
~ and ~"""""""'......-..u Euc:utNt
~~..~":':,==~.~!",:=:=
...........
~~:=r~~~~~-c:.~~
_. -nal~_...IIIYJowwllet_.........
""'.... pncn _li cleIlencI. --. decInd lnetgilIe.
~::-~,~;.;,...::,.,,~~
............
~~:~~~;.:.~-=.::=..~
=.~~-=~V~
~1on."'..-==-~::....ecI'r=:.~~'......
_IoIJoww...-.I1_.
I\. A~"'.__nwr""'''''.
..Ificallon .. . ~ pel\icIpMlln . Joww liar _
_ IIwIIl iloI~---. NIaIlla.",WIlunIaIjIr
_...... IIw _ -.....-. _.... II.
.........._ A~~dacldallw__
~ ~WIIIcIl'~ lliaalgMly....priIcipaIo. &do
parlIcipailInwr. buI .. nal ...... ...; "'** IIw __
p...Ilarl d... "UIII dParliM ElocUIecI FIlllIl""" ~
'" ~ F'rcla....- ~ lilt) _ Ie
CIllIIpIall~...o...s.-____
~ ~~.;::~-::a~C:=t:
gool1fa111l... ~__bylllia"". lbe~
incIlnIomwUand~lonalrWqlftdlo___lo
=~:Id ~.__ _..... ordrwyauu 01
J. Except 101 ..--.... ......., ... ........... I ..
- inIIIUl:liona. I. P8lId!*1Iln. _1r8rwc:tiOn ~
-"*'.-11II--....._-11
--'ln~ .~~=-r...~....:::
I;"~~~~....___"'_nwrllmllnala
.... __lar_"'.....
Form _0\.1273 (Rev. _)
~
~==~~lnoIkIlbIfty
-VoIunuIr __,c:o.w.IT~'
U:i.1a~':r~r.:t:::'IIa~'~~"'''' - of ill
.. Are nal ......., ...... .......-. ~ Iar
~-lnoIigIIiIa."'........,_......-
bnuc:licInI ~ lIlY FecInI..- "'......."
b. ..... not ..... . ~ period ~ ... IlOOP088I
_CIIIWiclad ..",,*,. cMI~..-.cl__ '-lor
......-d hull or . __...... III _.... 0Ill8Ir>-
.... ........... -.. '" ~. ...... (F--, &ula 01
~ hniactlon.. -..............-.: wloloIIon 01
F........ SlaIa _ __ ",......--0 d amHul~,......
IbaII, Iolgary. ......,. ....... .. dalrucIion of recanto. -.g
- -. '" -..... - pIIlp8lly.
Co Arenal-'1lnc1c1adlaror_.........,...a.-
dlargad by . _. ........ """ ~ SI8Ia '" local) IIiIfl
c:anmaioil....., of ... cIIaMati ___ .. ~ tb d
llII_on: ..,
11. ..... nal_ . ~ podocI ~ "'1IppIca-
~ '*' - "'- polIIII: ...-.c:dont(F1IdInI. &1*",
1ocaI)_Ior_or_
2. _..~P.~._l~II_IoCllllilr...
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lCII. CIRTlFICATIOIIIIBlARDlNB UBI! llF COIfT1tACT FUNDI
FOR LOIIIIYIIIO
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F..... FHW....,273 (RoY. 3-9C1
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n
ATTACHMEIlT A- EIIIPLOYIIENTPREFEREIlCE FOR
Al'PAI.ACIlIAN COII'I"RACT8
(AjlpbbIe1ll~_onIy.)
,. Ilu/qlllle prilrmInce eI hi COIIlr8CI, lhe __-
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-
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lll8c8d _.. 6_ I S8n1b..IIIIIIng.. by 18laD/lOn8.
"durtngllle_oI"'_-.""InIonnIticn~by
.. _In'" oRIIn8I jab order i8 ~ modIIi8d, 118
.... parlIplly nolIlY tle1l18li E~ S8n0ic8.
3. Th8 _1h8Il P. U COI_...., Ill.. qo-.cI Job
8IlIlbnII _ III hlnl by "'. Stalt fndown8IlI SInIicIo. Th8
_ ..1IIlC....-1o ,......~"'8IlYJob......,.
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S8Mc8 .. __ . .......... III .. _ IndIc8Iirig ..
~"''''''-" 8ucIl_ _ 118_._01
.. -.ciior'w .....- prIlj8ct _ Upon..... oIl1is
=-:;:-==:W;~_"":,~IIIlC,,=
--.cIng"1lfII'iIiona Of ~ Ie.......
5. Th8 __ ... Include .. plOOIiIiono eI SedIcna 1
~hI":::-=~,:::~"'__'"
END OF SECTION
F..... FHWA-1273 (1180.~)
-'
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()
Legal Statement
Bidder: Phillips and Jordan, Incorporated
(1) Phillips and Jordan, Incorporated was awarded the sum of $819,598.00
through mediation involving Spillman Development Group on May 20, 2005.
(2) Phillips and Jordan, Incorporated. is a corporation organized in 1959 and existing
under the laws of the State of North Carolina. We are currently registered and
licensed to do business in tifty (50) states and in the normal course of business,
the Company is subject to claims and litigation arising out of contract ,claims,
disputes and indemnification agreements. There is no current or pending
litigation involving any public or governmental entity. The company does not
have any outstanding judgments or liens.
(3) Phillips and Jordan, Incorporated has never filed bankruptcy.
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()
..
STATE OF TENNESSEE
KNOX COUNTY
)
CERTIFIED
RESOLUTION
OF THE BOARD OF DIRECTORS
OF PHILLIPS AND JORDAN, INCORPORATED,
a North Carolina corporation
Before me, the undersigned, a Notary Public in and for said county and said state,
personally appeared Connie H. Nichols, who being duly sworn stated the following:
]. I am the duly elected Corporate Secretary of Phillips and Jordan, Incorporated, a
corporation organized and existing under the laws of the state of North Carolina
and
2. I do hereby certify that attached hereto as Exhibit "A" is a true and correct copy of
the resolution of the Company adopted by the Board of Directors of Phillips and Jordan,
Incorporated, on February 09, 2006, pertaining to the authorization of officers to sign,
execute and deliver on behalf of the Company all constl11ction contracts and all
documents relating to the construction contract which resolution is presently in full force
and effect:
IN WITNESS WHEREOF, I have hereunto subscribed my signature and
affixed the seal of the Corporation this 9th day of Fehruary, 2006.
~\J.~~k&
Connie H. Nichols
Corporate Secretary
STATE OF TENNESSEE )
KNOX COUNTY )
I, the undersigned authority, a Notary Public in and for said COllnty, in said State, hereby
certify that Connie H. Nichols, whose name as Corporate Secretary of PH I LLlPS AND
.JORDAN, INCORPORATED, a North Carolina corporation, is signed to the foregoing
instrument and who is known to mc, acknowledged before me on this clay that, being
informed of the contents of the foregoing instrumcnt, she, in her capacity as sllch orticer
and with full authority, cxecuted the samc voluntarily for and as the act of said
corporation on the day the same bears date.
",'11I'""
,\\.... '"
..' ....- ,
, ~~.1 ,..... ."
Given under my hand this the 9th clay of FCbl(fY, 200 J. ~~ dJy~~/L"".~ \
No ary Public : . ~ __ : ...=
.- . ....: .
MyC01l1niission Expires: o~1 "/~. ()~ ..... .....,~
<:l / r.., ~...~... ..
" ,"
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()
-
Exh;b,+ "N-'
ACTIONS TAKEN BY WRITTEN CONSENT
BY THE BOARD OF DIRECTORS OF
PHILLIPS AND JORDAN, INCORPORATED
By written consent of all the directors of Phillips and Jordan, Incorporated (the "Company"), the
following actions and resolutions were taken and consented to:
BE IT RESOL YED that either the President, Vice President or Assistant Vice President of Phillips and
Jordan, Incorporated, whose names appear on the Corporate minutes of its Special Meeting held February
09, 2006 are authorized to sign and execute construction contracts, and all documents relating to the
construction contract, on behalf of the Company. They are the following:
W.T. Phillips, Sr.
Ben R. Turner
1.Patrick McMullen
W.T. Phillips, Jr.
Connie H. Nichols
Randy Jordan
Brian Paul Kuhnle
Scott D. Orr
Frank Wood
Stanley L. Croy
Wendell E. Durham
Dorinda A. Futch
Ronnie Jordan
Dudley all'
Cecil Patterson
H.Lin Riley, Jr.
Steve Rasmussen
Steve Thompson
Max G. Morton
R. Page Riley
David Edd Satterfield
Michael A. Teem
Ritchie 1. Trammell
Kevin Waldroup
Chairman & Chief Executive Officer
President & Chief Operations Officer
Executive Vice President, CFO &Treasurer
Vice Chairman & Vice President - Real Estate & Corporate Development
Senior Vice President & Corporate Secretary
Senior Vice President
Senior Vice President
Senior Vice President
Senior Vice President
Vice President - Florida Heavy Division
Vice President - Florida Clearing Division
Vice President - Contract Administration
Vice President
Vice President
Vice President
Vice President
Vice President - Information and Technology
Vice President - Safety & Risk Management
Vice President
Vice president
Asst. Vice President
Asst. Vice President
Asst. Vice President
Asst. Vice President
each of whom is currently serving in the capacity to which elected.
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()
Professional References
P&J is pleased to provide the following professional references.
Hurricane Katrina Debris Removal, Reduction and Disposal
Client: City of Gulfport, Mississippi
2309 15th Street, PO Box 1780
Gulfport, MS 39502
Contact Person: William W. Powell, P .E.
Title: City of Gulfport - Director of Engineering
Phone: (228) 868-5815
Fax: (228) 868-5795
Email: bpowell@ci.gulfport.ms.us
Project Size: $36,100,000.00
Complete Date: July 2006
Three Hurricanes in 2004 and 2005 - Debris Removal, Reduction and Disposal
Client: Solid Waste Authority of Palm Beach County, Florida
7501 North Jog Road
West Palm Beach, FI 33412
Contact Person: John Archambo
Title: Debris Manager
Phone: (561) 315-2010
Fax: (561) 640-3400
Email: iarchambo@swa.org
Project Size: $45,000,000.00 (cumulative)
Complete Date: February 2006
Boynton Beach Debris Removal, Reduction, Disposal
Client: City of Boynton Beach, Florida
100 E. Boynton Beach Blvd
Boynton Beach, FL 33425
Contact Person: Bill Atkins
Title: Finance Manager
Phone: (561) 742-6320
Fax: (561) 742-6306
Project Size: $1,200,000.00
Complete Date: December 2005
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Daytona Beach Debris Removal, Reduction, Disposal
Client: Daytona Beach, Florida
PO Box 2451
Daytona Beach, FL 32215
Contact Person: James Sloane, PE
Title: Deputy Public Works Director
Phone: (941) 749-3014
Fax: (941) 741-4082
Project Size: $9,750,000.00
Complete Date: December 2004
Management of Debris Removal, New Orleans - Hurricane Katrina
Client: USACE
525 St. Charles Street
New Orleans, LA 70130
Contact Person: Jack Ratliff
Title: Lead Civil Engineer
Phone: (901) 544-0773
Dates of Service: September 2005 - October 2007
Contract Value: Approximately $800,000,000.00
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()
ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYV)
TM 07/28/2008
PRODUCER (865)691-4847 FAX (865)694-4847 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
TIS Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1900 Winston Road, Suite 100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 10328
Knoxville, TN 37939-0328 INSURERS AFFORDING COVERAGE NAIC#
INSURED Phillips and Jordan, Incorporated INSURER A American Contractors Insurance C RRG A VII:
Attention: Steve Thompson INSURER B ACIG Insurance Company A VIII
6621 Wilbanks Rd INSURER C Zurich/American Guarantee/WSRB A V NAIC2624
Knoxville, TN 37912 INSURER D
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
I,N~~ f.R,~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL LIABILITY GL08000030 06/01/2008 06/01/2009 EACH OCCURRENCE $ 2,000,000
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X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED '"0' $ 100,000
- ~ CLAIMS MADE [8] OCCUR
MED EXP (Anyone person) $ 5,000
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A PERSONAL & ADV INJURY $ 2,000,000
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GENERAL AGGREGATE $ 4,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 4,000,000
h POLICY !Xl jr8i n LOC
AUTOMOBILE LIABILITY AL08000018 06/01/2008 06/01/2009 COMBINED SINGLE LIMIT
f-- (Ea aCCident) $
X ANY AUTO 2,000,000
f--
ALL OWNED AUTOS BODILY INJURY
f-- $
SCHEDULED AUTOS (Per person)
A l-
X HIRED AUTOS BODILY INJURY
I- $
X NON-OWNED AUTOS (Per aCCIdent)
I-
PROPERTY DAMAGE $
(Per aCCident)
GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY' AGG $
EXCESS/UMBRELLA LIABILITY AUC-9137945-02 06/01/2008 06/01/2009 EACH OCCURRENCE $ 10,000,000
o OCCUR D CLAIMS MADE AGGREGATE $ 10,000,000
C $
~ DEDUCTIBLE $
X RETENTION S 10,OOC S
WORKERS COMPENSATION AND WC08000072 06/01/2008 06/01/2009 X I WC STATU-.I IOJbI-
EMPLOYERS' LIABILITY WC08000073 06/01/2008 06/01/2009 500,000
B ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ 500,000
If yes, describe under 500,000
SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT $
OTHER
RIESCRIPTION OF OPERA TIONS / LDCA TIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
FP No. 08-07-01
he City of Sunny Isles Beach, Florida shall be named as Additional Insured regarding General L iabil ity
and Automobile Liability and this coverage is primary over any insurance the City may maintain. All
policies contain a Waiver of Subrogation. Workers Compensation insurance provides statutory coverage
n compliance with the Workers Compensation Law of the State of Florida. Policies will not be altered
CERTIFICATE HOLDER
CANCELLA TION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
City of Sunny Isles Beach, Florida 2L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Sunny Isles Beach Government C BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
18070 Collins Avenue OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Sunny Isles Beach, FL 33160 AUTHORIZED REPRESENTATIVE ffIJ~~--
Construction Div./BECHEN
ACORD 25 (2001/08)
@ACORD CORPORA rlON 1988
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"
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
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tt City of Sunny Isles Beach, Florida
Certificate issued to City of Sunny Isles Beach, Florida 07/28/2008
tt TIS Insurance Services, Inc.
.07/28/2008
or cancelled without thirty (30) calendar days prior written notice to the City's Risk Management
tt Department.
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()
STATE OF FLORIDA
- - ~
.~.... 'DEPARTMENT OF BUSINESS AND PROFESSIONAL
CONSTRUCTION INDUSTRY LICENSING BOARD
~ ~. 1940 NORTH MONROE STREET
~..~1"" TALLAHASSEE FL 32399-0783
REGULATION
(850) 487-1395
DURHAM, WENDELL E
PHILLIPS AND JORDAN INC
POBOX 2295
ZEPHYRHILLS FL 33539-2295
/"
( r\~/; 2 7 6 0 7 4 (
i . STATE OF FLORIDA
I . DEPARTMENT OF BUSINESS AND
I . ."/ PROFESSIONAL REGULATION
I
i
I
I
,
CGC034188
08/29/06 058090689
CERTIFIED GENERAL CONTRACTOR
DURHAM, WENDELL E
PHILLIPS AND JORDAN INC
\
I
I IS CERTIFIED under th. providona of ch.489 vs.
l, lbpJ.ratJ.O<l cS&t.. AUG 31, 2008 L06082902093
DETACH HERE
A(, 2 7 6 0 7 4 0
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L06082902093
: . LICENSE NBR
08 29 2006 058090689 CGC034188
The GENERAL CONTRACTOR
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2008
----l
I
DURHAM, WENDELL E
PHILLIPS AND JORDAN INC
8940 GALL BLVD
ZEPHYRHILLS FL 33541
JEB BUSH
GOVERNOR
nlCDI ^V ^~ OCr'\IIIDcn ov I ^,^,
SIMONE MARSTILLER
SECRETARY