HomeMy WebLinkAboutReso 2018-2825 RESOLUTION NO. 2018 - 7�ti2�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AWARDING REQUEST FOR
PROPOSAL ("RFP") NO. 18-04-02 TO, AND AUTHORIZING THE
CITY MANAGER TO NEGOTIATE WITH A PRIMARY BIDDER
AND SECONDARY BIDDER AND ENTER INTO AN
AGREEMENT WITH CROWDERGULF, LLC, AND DRC
EMERGENCY SERVICES, LLC TO PROVIDE DISASTER
DEBRIS MANAGEMENT AND REMOVAL SERVICES,
PROVIDED SAID AGREEMENTS ARE FIRST APPROVED AS TO
FORM AND LEGAL SUFFICIENCY BY THE CITY ATTORNEY;
AUTHORIZING THE CITY MANAGER AND THE CITY
ATTORNEY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City is in need of a consultant to provide disaster debris management
and removal services in the event of an emergency; and
WHEREAS, the City issued and advertised RFP No. 18-04-02 for Disaster Debris
Management and Removal Services and received five (5) responses, and Crowdergulf, LLC, and
DRC Emergency Services, LLC represented to the City that it possesses the requisite
qualifications, expertise and licenses to perform all necessary work in connection with the
services specified in the RFP; and
WHEREAS, the City Commission wishes to award RFP No. 18-04-02 to, and authorize
the City Manager to negotiate with a Primary Bidder and Secondary Bidder and enter into an
Agreement with Crowdergulf, LLC, and DRC Emergency Services, LLC to provide disaster
debris management and removal services, provided said Agreements are first approved as to form
and legal sufficiency by the City Attorney.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Award of RFP No. 18-04-02 and Authorization of City Manager. The City
Commission hereby awards RFP No. 18-04-02 to, and authorizes the City Manager to negotiate
with a Primary Bidder and Secondary Bidder and enter into an Agreement with Crowdergulf,
LLC, and DRC Emergency Services, LLC to provide disaster debris management and removal
services, provided said Agreements are first approved as to form and legal sufficiency by the City
Attorney. The City Commission authorizes the City Manager to reject all bids if negotiation fails.
Section 2. Authorization of City Manager and City Attorney. The City Manager and the
City Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
R2018-Awd Debris Removal RFP 18-04-02 Page 1 of 2
PASSED AND ADOPTED this 17`h d.y of M. ' 2018.
C.' C, , George , Scholl, Mayor
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'-,�Maulricio Bet.nc `r',' MC, City Clerk .
APPRO i D . S TO FORM
AND r • , ' :' FFICIENCY:
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.erittinsirCity Attorney
Moved by: CjoailA.twton e___ afrrto
Seconded by: J t f.6 l be_ a0agylf+i
Vote:
Mayor Scholl Al (Yes) (No)
Vice Mayor Goldman ✓ (Yes) (No)
Commissioner Aelion (Yes) (No)
Commissioner Gatto (Yes) (No)
Commissioner Svechin V (Yes) (No)
R2018-Awd Debris Removal RFP 18-04-02 Page 2 of 2
5/22/2018 Coversheet
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City of Sunny Isles Beach
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C -): Sunny Isles Beach,Florida 33160
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MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Susan Simpson,Assistant City Manager
DATE: 5/17/2018
Authorization for the City Manager to Enter into an
RE: Agreement for Disaster Debris Management and
Removal Services
RECOMMENDATION:
This item is presented for your consideration.
REASONS:
The City of Sunny Isles Beach issued Request For Proposal No. 18-
14-02, Disaster Debris Management and Removal Services to secure
the services of a qualified contractor to manage and remove debris in
the event of a disaster. Five bids were received and the City has
deemed the following two bidders as the most responsive and
responsible of those that submitted a complete bid package: Crowder
Gulf and DRC Emergency.
Based upon our experience with Hurricane Irma, the City intends to
enter into an agreement with the top two contractors as primary and
secondary.
ADDITIONAL INFORMATION:
These agreements will be activated only in the event of a disaster
which requires these services.
FUNDING SOURCE:
The City maintains an emergency fund that will be used to fulfill this
agreement if needed. Expenses related to this agreement may be
eligible for reimbursement by FEMA in the event of a declared state of
emergency.
ATTACHMENTS:
Description
Resolution (Added 5/19/18),
Item Number: 10.K.
https://sunnyisles.novusagenda.com/agendapublic//CoverSheet.aspx?ItemID=23658MeetinglD=137 1/1
SUNNY/rfJ
` 'g .^ AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
'V,
BEACH AND DRC EMERGENCY SERVICES, LLC
°moosYN CONTRACT NO. 6830-093
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement")
is made in duplicate,this a.$ day of June,2018, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and DRC EMERGENCY SERVICES,
LLC, a corporation authorized to do business in the State of Florida (hereinafter referred to as
"Contractor") whose Federal I.D. # is 63-1283729.
RECITALS
WHEREAS, in response to the City's Request for Proposal (RFP) No. 18-04-02, and
Resolution No. 2018-2825, a primary Contractor was selected to provide emergency/disaster
debris clearing, management, and removal operations for the City ("Services"); and
WHEREAS, Contractor has expressed the ability and desire to provide these Services, as
more particularly described in Attachment"A", a copy of which is attached hereto; and
WHEREAS, the total amount to be paid for the Services is on a unit price basis in
accordance with the Fee Schedule, as more particularly described in Attachment"A".
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1.1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference. In addition, the following documents are hereby
incorporated by reference and made part of this Agreement:
Specification and Proposal Documents prepared by the City for Disaster Debris
Management and Removal Operations, Request for Proposal 18-04-02.
ii Response to RFP No. 18-04-02, prepared by Contractor, a copy of which is
attached hereto as Attachment "A" and incorporated herein by reference.
All Exhibits are collectively referred to as the "Contract Documents".
1.2. SERVICES. Contractor shall provide Emergency Debris Clearing, Management, and
Removal Operations as the primary Contractor for services pursuant to the terms and conditions
set forth in the Request for Proposal 18-04-02 and Attachment"A". Contractor shall perform the
Services under the general direction of the City and shall furnish all labor, materials, supplies,
equipment, supervision and services necessary for and incident to the performance of the
Services, except as otherwise noted in the specifications. By signing this Agreement, the
Contractor represents that it thoroughly reviewed the Contract Documents incorporated into this
Agreement and that it accepts the Services and the conditions under which the Services are to be
performed.
1.3. QUALIFICATIONS. Contractor and the individual executing this Agreement on behalf
of the Contractor warrant to the City that the Contractor is duly constituted and authorized to do
6830-093 DRC EMERGENCY SERVICES.LLC
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
business in the State of Florida, is in good standing and that the Contractor possesses all of the
required licenses and certificates of competency required by the State of Florida and Miami-Dade
County to perform the Services herein described.
1.4. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, this Agreement shall commence upon execution of this Agreement by both
parties and shall be for an initial term of three (3) years with the option to renew the contract for
one (1) additional two (2) year period, for a total of five (5) years. Services under this Agreement
shall commence upon the issuance of Notice to Proceed from the City Manager or designee.
1.5. COMPENSATION. Contractor acknowledges that this is a contingent services contract
and that no payments will be made or due from the City unless Contractor is specifically engaged
by the City for a specific emergency. All payments to be made hereunder shall be paid in
accordance with the Fee Schedule contained in Contractor's Response to Request for Proposal
18-04-02, attached hereto as Attachment "A" and incorporated herein by reference. All invoices
and payments shall be for Services completed pursuant to this Agreement after submission of
invoices to the City. All invoices shall be submitted in accordance with Request for Proposal 18-
04-02.
The City will pay properly submitted invoices within thirty (30) days of receipt, for completed
and accepted Services, unless the City notifies the Contractor in writing of the dispute, before the
payment is due. The City's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation for its purpose by the City Commission. The Contractor shall make
no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other
expenses or costs unless any such expense or cost is incurred by Contractor with the prior written
approval of the City. If the City disputes any charges on the invoices, it may make payment of
the uncontested amounts and withhold payment on the contested amounts until they are resolved
by agreement with Contractor. There are no reimbursable expenses associated with this
Agreement.
1_6. PERFORMANCE AND PAYMENT BOND. Upon activation of this Agreement by the
City, Contractor will be required to provide the City with a Performance and Payment Bond in
the amount of 100% of the contract/ Purchase Order value, whichever is greater. Upon the
issuance of Notice to Proceed from the City Manager or designee, the Contractor will be required
to provide Performance and Payment Bonds within three (3) calendar days. Once activated, the
Payment and Performance Bonds shall be in force for a period of not less than one (1) year from
the date of original execution by the Bond Surety. Bonds shall be executed by the Contractor and
surety company authorized to do business in the State of Florida with an A.M. Best rating of
"A-" (Excellent) or better, which bond shall be conditioned upon the successful completion of all
work, labor, services, materials to be provided and furnished, and the payment of all
subcontractors, materials and laborers. If the value of the contracted work increases, the
Contractor shall be required to provide an updated Performance and Payment Bond in an amount
equal to the new value.
1.7. TIME IS OF THE ESSENCE. All parties agree that time is of the essence. The
Contractor must provide sufficient equipment and labor, based on the magnitude of the disaster
6830-093 DRC EMERGENCY SERVICES.LLC
2
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
and information from damage assessments, necessary to meet the City's timelines as follows: 1)
clearing of primary rights-of-way within 24 hours of receiving the task order;2)removal of debris
started within 48 hours of receiving the task order; 3) removal of debris must be underway in all
zones within 70 hours; and 4) all debris removal operations must be completed within 10 days.
Failure to 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 issuance of each task order by the
City Manager or his designee, shall result in the City making a claim against the Contractor's
Performance Bond in the amount of the cost per hour of each crew as defined in the Revised 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. Contractor shall not be
liable for unavoidable delays beyond their reasonable control.
1.8. 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.
1.9. 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.
1.10. INSURANCE. Contractor shall, at its 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 or employees, as indicated below:
❑ Comprehensive 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 One Million Dollars ($1,000,000) per occurrence.
❑ Worker's Compensation and employer's liability coverage, as required pursuant
to Florida law.
6830-093 DRC EMERGENCY SERVICES.LLC
3
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
U Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000) per occurrence.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed,
and at any time upon request, Contractor shall furnish to the City certificates of insurance
evidencing the minimum required coverage and shall be appropriately endorsed for contractual
liability, with the City named as 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 Manager or his designee. All insurance policies and certificates
of insurance shall provide that the policies may not be canceled or altered without thirty(30)days
prior written notice to the City. Contractor shall also require and ensure that each of its sub-
Contractors providing services hereunder(if any)procures and maintains, until the completion of
the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO
THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN
WRITING BY THE CITY.
1.11. TERMINATION AND REMEDIES FOR BREACH.
A. The Contractor agrees that the upon receipt of the Notice to Proceed (NTP) from
the City Manager or designee, the primary Contractor will have twelve (12) hours
to contact the City in response to the NTP and twenty-four (24) hours to
substantially mobilize or begin performance under the terms of this Agreement.
The City reserves the right to pursue secondary Contractor for Services if primary
Contractor either fails to mobilize or begin performance under the terms of this
Agreement. 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, and the City shall receive a refund from the Contractor
in an amount equal to the actual cost of a third party to cure such failure. If
Contractor fails, refuses or is unable to perform any term of this Agreement, City
shall pay for services rendered as of the date of termination.
01 In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
6830-093 DRC EMERGENCY SERVICES.LLC
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ii 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.
B. 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. In the event of such a termination
without cause, the Contractor shall be compensated for all services performed to
the City's satisfaction and prior to termination. Upon receipt of the notice of
termination for convenience, Contractor shall promptly discontinue all work and,
to the extent indicated on the notice of termination, shall terminate all outstanding
subcontracts and purchase orders as they relate to the terminated portion of the
Contract, shall refrain from placing further orders and/or contracting with
subcontractors, and shall complete any continued portions of the work. The terms
of Paragraph 1.1 1A(i) and A(ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
1.12. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement
shall be governed by, construed and enforced in accordance with the laws of the State of Florida.
Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes
necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and
the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the
pretrial, trial and appellate levels.
1.13. 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 from violating such
provisions.
1.14. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
6830-093 DRC EMERGENCY SERVICES. LLC
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
court, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY
CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is
intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or
privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes.
1.15. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii)by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or
registered mail, first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognized courier service), addressed to such party as follows:
If to the City: Christopher J. Russo With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Avenue City of Sunny Isles Beach
Fourth Floor 18070 Collins Avenue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792-1776 Sunny Isles Beach, Florida 33160
Tel: (305) 792-1766
If to the Kristy L. Fuentes
Contractor: Vice President/Secretary/Treasurer
DRC Emergency Services, LLC
PO Box 17017
Galveston, TX 77552
Tel: (504) 220-7682
Fax: (504)482- 2852
Email: Kfuentes@drcusa.com
1.16. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
(i) Contractor shall keep and maintain public records required by the City to perform the
service.
(ii) Upon request from the City, Contractor shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
by law.
6830-093 DRC EMERGENCY SERVICES. LLC
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
(iii)Contractor shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor does not
transfer the records to the City.
(iv) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all
public records in possession of the Contractor or keep and maintain public records required by
the City to perform the service. If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided by Contractor to the City, upon request from the City, in a format that is compatible
with the information technology systems of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue,
4th Floor, Sunny Isles Beach, Florida 33160.
1.17. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT. During the performance of this contract, the Contractor agrees as follows:
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or
she is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation: liability for unpaid wages: liquidated damages. In the event of any violation
of the clause set forth in paragraph (1) of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work
done under contract for the District of Columbia or a territory,to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (1) of this section, in the sum
of$10 for each calendar day on which such individual was required or permitted to work
in excess of the standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph (1) of this section.
6830-093 DRC EMERGENCY SERVICES. LLC
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
(3) Withholding for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor,-or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act,which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section."
1.18. COMPLIANCE WITH THE COPELAND ANTI-KICKBACK ACT
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and
the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by
reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the FEMA may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for the compliance
by any subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of the
contract, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
1.19. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT.
Contracts amounts in excess of$150,000 shall agree to comply with all applicable standards,
orders pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. §§ 1251-1387).
A. Clean Air Act
(1) The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et
seq.
6830-093 DRC EMERGENCY SERVICES.LLC
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
(2) The contractor agrees to report each violation to the City and understands and
agrees that City will, in turn, report each violation as required to assure notification
to the State of Florida, Federal Emergency Management Agency, and the
appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
B. Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the City and understands and
agrees that the City will, in turn, report each violation as required to assure
notification to the State of Florida, Federal Emergency Management Agency, and
the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
1.20. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this contract,
the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The Contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to their race, color, religion,
sex, sexual orientation, gender identity, or national origin. Such action shall include, but
not be limited to the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the contractor's
6830-093 DRC EMERGENCY SERVICES.LLC
9
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations,or orders,this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately preceding paragraph
(1)and the provisions of paragraphs(1)through(7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The contractor will take such action
with respect to any subcontract or purchase order as the administering agency may direct
as a means of enforcing such provisions, including sanctions for noncompliance:
provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
1.21. SUSPENSION AND DEBARMENT. During the performance of this contract, the
Contractor agrees as follows:
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.
3000. As such the contractor is required to verify that none of the contractor, its principals
(defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
6830-093 DRC EMERGENCY SERVICES.LLC
10
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
(3) This certification is a material representation of fact relied upon by the City of Sunny Isle
Beach. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City
of Sunny Isle Beach, the Federal Government may pursue available remedies, including
but not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R.pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer.The bidder or proposer further agrees to include
a provision requiring such compliance in its lower tier covered transactions."
1.22. BYRD ANTI-LOBBYING AMENDMENT. Contractors who apply or bid for an award
of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C.
§ 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
1.23. PROCUREMENT OF RECOVERED MATERIALS. In the performance of this
contract, the Contractor shall make maximum use of products containing recovered materials that
are EPA- designated items unless the product cannot be acquired: (1) competitively within a
timeframe providing for compliance with the contract performance schedule;(2)meeting contract
performance requirements; or (3) at a reasonable price.
1.24. 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.
1.25. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII
of the Civil Rights Act of 1968 as amended,Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will
not discriminate against any employee or applicant for employment because of race, color,creed,
religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status,
or status with regard to public assistance.
The Contractor will take affirmative action to insure that all employment practices are free from
such discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion,transfer, recruitment or recruitment advertising, layoff, termination,
rates of pay or other forms of compensation, and selection for training, including apprenticeship.
6830-093 DRC EMERGENCY SERVICES.LLC
I1
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 non-
discrimination clause. 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.
1.26. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by
Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by
reference herein as if fully set forth herein, in connection with the Agreement conditions
hereunder. The Contractor covenants that it presently has no interest and shall not acquire any
interest,directly or indirectly which should conflict in any manner or degree with the performance
of Services under this Agreement. The Contractor further covenants that in the performance of
this Agreement, no person having any such interest shall knowingly be employed by the
Contractor. The Contractor guarantees that he/she has not offered or given to any member of,
delegate to the Congress of the United States, any or part of this contract or to any benefit arising
therefrom.
1.27. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent
permitted by law, the Contractor agrees to indemnify and hold-harmless the City, its agents,
representatives, officers, directors, officials and employees from any claims, liabilities, damages,
losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in
whole or in part, by the professional negligence, error or omission of the Contractor or persons
employed or utilized by the Contractor in performance of Services under this Agreement.
Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend
or pay for an attorney selected by the City to defend City, its agents, representatives, officers,
directors, officials and employees from and against any and all causes of action, demands, claims,
losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses,
caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor,
including those of their employees, agents, servants, or officers, or accruing, resulting from, or
directly related to the subject matter of this Agreement including, without limitation, any and all
claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event any lawsuit
or other proceeding is brought against City by reason of any such claim, cause of action or
demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or
proceeding by counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination
of this Agreement. To the extent considered necessary by City, any sum due Contractor under
this Agreement may be retained by City until all of City's claims for indemnification pursuant to
this Agreement have been settled or otherwise resolved; and any amount withheld shall not be
subject to payment of interest by City. The parties agree that One Hundred Dollars ($100.00)
represents specific consideration to the Contractor for the indemnification set forth in this
Agreement.
6830-093 DRC EMERGENCY SERVICES. LLC
12
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
1.28. ACCESS TO RECORDS. The following access to records requirements apply to this
contract:
(1) The contractor agrees to provide Florida Division of Emergency Management, The City
of Sunny Isles Beach, the FEMA Administrator, the Comptroller General of the United
States, or any of their authorized representatives access to any books, documents,
papers, and records of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The contractor agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work being
completed under the contract."
1.29. DHS SEAL, LOGO, AND FLAGS. The contractor shall not use the DHS seal(s),
logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific
FEMA pre- approval.
1.30. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement("Applicable Laws")and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
1.31. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE
ORDERS. This is an acknowledgement that FEMA financial assistance will be used to fund the
contract only. The contractor will comply will all applicable federal law, regulations, executive
orders, FEMA policies, procedures, and directives.
1.32. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative
Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this
contract.
1.33. NO OBLIGATION BY FEDERAL GOVERNMENT. The Federal Government is not
a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity,
contractor, or any other party pertaining to any matter resulting from the contract.
1.34. CONFLICTING PROVISIONS. In the event of a conflict between the Contract
Documents or any ambiguity or missing specifications or instructions contained in this
Agreement, Sealed Bid No. 18-04-02, and Contractor's Response to Sealed Bid No. 18-04-02,
the following priority is established:
6830-093 DRC EMERGENCY SERVICES. LLC
13
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
i. This Agreement
ii. The terms and conditions of Request for Proposal 18-04-02.
iii. Contractor's Response to Request for Proposal 18-04-02, attached hereto as
Attachment"A".
1.35. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall
nevertheless be binding upon the parties with the same effect as though the void or unenforceable
provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts,each of which
shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
[Remainder of page intentionally left blank]
6830-093 DRC EMERGENCY SERVICES.LLC
14
City of Sunny Isles Beach 18070 Collins Avenue, Surety Isles Beach, Florida 33160
(305)947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in triplicate
on the day and year first written above.
WITNESS: DRC EMERGENCY SERVICES, LLC
ft16.1 ) AIM
ditilitt 49 OA,r0
Signature Kristy L. F fa tes, Vice President/
Secretary/Treasurer
Print Name
ATTEST: CITY OF SUNNY ISLES BEACH
iji
BY ~i V'a ' 1 =Q, BY:
Mauri� 'o :etan`�r, CMC, City Clerk Christopher J. 'usso, City Manager
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•-4. ....,--;>•'• APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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BY: B /iAl(1 • 5
Department Head
Urns ns Ottino , City • tto s y
/
6830-093 DRC EMERGENCY SERVICES,LLC
15 •
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PRICE PROPOSAL
Please see the following attached:
1 • Attachment A Price Proposal
• Bid Submittal Form
• Qualification Statement
• Non-Collusion Affidavit
• Public Entity Crimes
• Equal Opportunity/ Affirmative Action
•
D • Conflict of Interest
• Dispute Disclosure
• Anti-Kickback
1 • Bid Bond
1:1
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DRC Emergency Services,LLC $O
RFP No.16-04-02
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il e' ' . CITY OF_SUNNY ISLES.BEACH-
1807.0.:Collins.Avenue:
Sunny Isles,Beach Florida•33160- <<,o'`"Y'J<Fi -
305.947.0606 0 , .. J
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0 SCHEDULE 1 LABOR CATEGORY HOURLY LABOR RATE
II1.1. Operations Manager w/Cell Phone and.5 Ton Pickup Truck $ 90.00
Crew Foreman w/Cell Phone& 1 Ton Equip,Truck w/small tools and $
g 1.2. misc.supplies in support of crew 75.00
Tree Climber/Chainsaw and Gear $ 90.00
1.3.
111 1.4. Laborer++•/Chainsaw and Gear $ 45.00
Laborer w/Small Tools,Traffic Control,or Flag Person
1.5. $ 45.00
D1.6. Bonded and Certified Security Personnel $ 85.00
OTHERS NOT LISTED IN LABOR CATEGORY-PLEASE LIST N/A
0 BELOW
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SCHEDULE 2 LOADING, REDUCING AND HAULING CATEGORY PER CUBIC YARD
Il
2.1. Vegetative Debris Removal (based on Section 3.9)
Work consists of the collection and transportation of eligible
vegetative debris on the ROW or public property to a City
approved debris management site(DMS)or City approved final $ 9.49
Idisposal site. This proposed rate shall apply to Removal of
Debris from City Parks & Facilities.
2.2. C&D Debris Removal (based on Section 3.10)
Work consists of the collection and transportation of eligible $ 10.99
I C&D on the ROW or public property to a City approved debris
management site(DMS)or City approved final disposal site.
I
ICity of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 53 -
IDRC Emergency Services.LLC 81
RFP No.18-04-02
Yq
CITY OF-SUNN ISLES BEA CM.
- • . - 180701 Collins'Avenue: -
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2.3. DMS Operation and Debris Management and Reduction
O (based on Section 3.18)
Work consists of managing and operating DMS for acceptance, **veg only per
management, and reduction of eligible C&D and vegetative $ 3.95 Addendum #1
disaster related debris. Management and Operation of a
Temporary Debris Staging and Reduction Site per incoming
Cubic Yard.
2.4. Mileage for Haul-out to Final Disposal Site within 25 miles
from DMS(based on Section 3.19)
Work consists of transporting eligible disaster related debris to
1 a City approved final disposal site within 25 Miles from the $ 7.35
DMS. Distance is measured as the crow flies and rounded to
the nearest mile.
i 2.5. 26-50.9 Miles
$ 9.15 -
, 2.6. 51+Miles $ 10.95
1 Removal of Hazardous Trees and Limbs (based on Section
3.14) Work consists of removing eligible hazardous trees or
limbs and placing them on the safest possible location on the $ 85.00/tree for dangerous
2•7'
I City ROW for collection under the terms and conditions of hanging limbs
Scope of Services Item 2,Vegetative Debris Removal. Sizes as
follows:
2.8. 6 inch to 23.99 inch diameter each $ 90.00
24 inch to 35.99 inch diameter each $
2.9. 195.00
I36 inch to 47.99 inch diameter each $ 315.00
2.10.
I2.11. 48 inch and larger diameter each $ 425.00
Removal of Hazardous Stumps (Based on section 3.15)
I 2.12. Rate includes removal, backfill of stump hole, reduction, and
final disposal. Sizes as follows: 24.1 inch to 36.99 inch $ 250.00
diameter
1 2.13. 37 inch to 48.99 inch diameter $ 550.00
1 City of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 54
IDRC Emergency Services,LLC 82
RFP No.18-04-02
CITY OF SUNNY ISLES BEACH- ,,
18070;Collins.Avenue: - -
f a- Sunny Isles Beach, Flodda'33160:- -s,)r,"v Fs(F. -
1I _ 305.947 0606 °
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D 2.14.
Household Hazardous Waste Removal, Transport, and
Disposal (based on Section 3.11) Work consists of the
112.15. collection, transportation, and disposal of household $ 9'95 PER POUND
hazardous waste from the ROW to a City approved permitted
hazardous waste facility or MSW type I landfill
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IICity of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 55
DRC Emergency Services,LLC 83
RFP No.18-04-02
IJ CITY OF SUNNY ISLES BEACH
18070::Collins Avenue: ' . -..
Sunny Isles Bead, Florida 33160 s µNY fs;
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305:947.0606 ,°,1= \� -
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11 EQUIPMENT TYPE (OR INDICATE
SCHEDULE 3' EQUIVALENT) WEATHER LEASED HOURLY LABOR RATE •
WITH OPERATOR CATEGORY OR OWNED
II 3.1. 50' Bucket Truck
Leased $ 275.00
3.2. Dozer,Tracked, D3 or Equivalent Leased $ 150.00
3.3. Dozer,Tracked, D4 or Equivalent Leased $ 250.00
I 3.4. Dump Truck, 16 +/-CY
Leased $ 110.00
3.5. Dump Truck, 20 +/- CY $ 125.00
III Leased
3.6. Dump Truck,38 +/-CY
Leased $ 135.00
3.7. 100 KW Generator $ 7P.00
1
Leased
1®� 3.8. 300 KW Generator Leased $ 295.00
111 3.9. 500 KW Generator $ 395.00
Leased
3.10. 1000 KW Generator $ 695.00
Leased
3.11. Light Plant with Fuel and Support
Leased $ 100.00
3.12. Gradere w/12” Blade(Min.30,000 Leased $ 260.00
LB)
3.13. Lowboy Trailer w/ Tractor Owned or Leased $ 150.00
1 3.14. Mobil Crane up to 15 Ton
Leased $ 250.00
3.15. Pump,95 HP(Minimum 25' Intake $ 250.00
and 200' Discharge to Include Fuel Leased
I and Support Personnel)
3.16. Single Axle Dump Truck, 5—12 cu. $ 100.00
yd. Leased
3.17. 753 Bobcat Skid Steer Loader with
Owned or Leased $ 135.00
debris grapple
3.18. Pickup Truck, 1 Ton $ 40.00
unmanned Owned or Leased
i 3.19. Skid-Steer Loader, 1,500 LB S 135.00
Operating Capacity(w/ utility Owned or Leased
grapple)
ICity of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 56
IDRC Emergency Services,ILC 84
RFP No.18-04-02
u • CITY•OF SUNNY ISLES BEACH
18070;Collins-Avenue
--Sunny Isles:Beach,•Florida 33.160 • - - t 5�""Y's<Es -;
305.9.47.0606 ,°1 �
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3.20. Skid-Steer Loader, 2,500 LB $ 145.00
Operating Capacity(w/ utility Owned or Leased
grapple)
3.21. Compact Track Loader, 1,500 LB $ 135.00
Operating Capacity(w/ utility Owned or Leased
Ol grapple)
3.22. Compact Track Loader, 2,500 LB $ 145.00
Operating Capacity(w/ utility Owned or Leased
grapple)
0 3.23. Tub Grinder,800 to 1,000 HP
Leased $ 695.00
3.24. Hydraulic Excavator, 1.5 cy(w/ $ 165.00
Q 3.25.
thumb) Leased
Hydraulic Excavator,2.5 n(w/ Leased $ 185.00
thumb)
3.26. Flatbed Truck $ 140.00
Owned or Leased
3.27. Articulated,Telescoping Scissor $ 145.00
• Lift for Tower, 15 hp/ 37 ft. lift Leased
1 3.28. Water Truck, 2,500 gal (Non- $ 125.00
Potable,Dust Control and Leased
Pavement Maintenance)
I
3.29. Wheel Loader, 3 CY, 152 HP Leased $ 200.00
3.30. Wheel Loader,4.0 CY, 200 HP $ 250.00
Leased
3.31. Wheel Loader, 1.5 CY,95 HP $ 195.00
I Leased
3.32. Tandem Axle Dump Truck, 16—20 $ 125.00
cu.yd. Leased
1 3.33. Tandem Axle Dump Truck, 21—30 $ 135.00
cu.yd. Leased
3.34. Handfed chipper $ 245.00
I Leased
OTHER ITEMS NOT LISTED IN
EQUIPMENT CATEGORY-PLEASE N/A
LIST BELOW
Reduction of C&D/Mixed Debris at DMS
1 3.35. Manage DMS and grind C&D/Mixed Debris $4.50/CY
3.36. Manage DMS and compact C&D/Mixed Debris $2.75/CY
ICity of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 57 -
IIDRC Emergency Services,LLC 85
RFP No.18-04-02
- CITY OF SUNNY ISLES BEACH
_ 18070:Collins-Aveue.-: . .
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- Sunny:Isles.Beach Florida:33160 s,""Y"`e
305.947:6606 °` F
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I SCHEDULE AS NEEDED -ADDITIONAL SERVICES UNIT RATE
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D4.1. Marine Debris Removal—Per CY S 130.00 -
4.2. Removal of Abandoned Vehicles-Per Vehicle $ 330.00
II $ 4.95
4.3. Dead Animal Carcasses-Per Pound
$
4.4. White Goods- Per Unit 67.50
II 4.5. Residential Drop-off Sites- Per CY
$ 9.49
4.6. E-Waste-Per Unit $ 35.00
1 /1
Authorized Signatory: r ,�,��� �,
Executed by: Kristy Fuentes Vice President/Secretary/Treasurer
(Type or print name)
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1 City of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 58
DRC Emergency Services,LLC 86
RFP No.18-04-02
•
II
fI ITY•OF SUNNY ISLESBEACH.
•
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1807.0;Collins Avenue. ' " "
Sunny Isles Beach,_Floridd33160: ,�"t4r 0.4
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. 11
DELIVER TO: REQUEST FOR PROPOSAL
OPENING;
City of Sunny Isles Beach SECTION 6
City Clerk BID SUBMITTAL FORMS Thursday, May 10, 2018 2:30PM PM
18070 Collins Avenue
Sunny Isles Beach, FL 33160
IPLEASE QUOTE PRICES, LESS TAXES, FOR THE
CITY OF SUNNY ISLES BEACH, FLORIDA
INOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be
less all taxes. Tax Exemption Certificate furnished upon request.
II "
Issued by: Purchasing Agent Date Issued: This Bid Submittal Consists of
IlGenesis Cuevas 04/25/2018 Pages 44+
I Sealed bids are subject to the Terms and Conditions of this Request for Proposal and the accompanying
Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or
incorporated by reference in the Bid Submittal,will be received at the office of the City Clerk at the address
I shown above until the above stated time and date, and at that time, publicly opened for furnishing the
supplies or services described in the accompanying Bid Submittal Requirement.
RFP 18-04-02
IIDISASTER DEBRIS MANAGEMENT AND DISPOSAL SERVICES
I Procurement Agent:
Firm Name:
Genesis Cuevas
DRC Emergency Services, LLC •
Commodity Code(s):
I
RETURN ONE ELECTRONIC COPY(FLASHDRIVE OR CD) ONE ORIGINAL AND FOUR COPIES
OF BID SUBMITTAL PAGES AND AFFIDAVITS
FAILURE TO SIGN PAGE 47 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID NON-
IRESPONSIVE
ICity of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 44 "
1 DRFP No.RC Emergen18-04-02cy Services,LLC 87
•
II .
CITY OF:SUNNY ISLES::BEACH
JJ - 1807.0:Collins Avenue:
VNNY'
- _ .Sunny Isles.Beo�h;.Flonaa 33160 s <F
' • 305:947.0606 o, F
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IlBID SUBMITTAL FOR:
IlACKNOWLEDGEMENT OF ADDENDA
DINSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
II PART I:
UST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS
BID i
1 Addendum #1, Dated 5//9)/ 1�
Addendum #2, Dated
I
Addendum #3, Dated
IAddendum #4, Dated
Addendum #5, Dated
IAddendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
IPART II:
® ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
1 FIRM NAME: DRC Emergency 'ices,LLC .
1 AUTHORIZED SIGNATOR / I !►w Iv' DATE: ICI/ 1%
TITLE OF OFFICER: Vice President/Secretary/Treasurer
ICity of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 45
1 88
II
;� _ _ CITY OE SUNNY ISIES.BEACH -
1807.0:Collins-Avenue:
• Sunny Isles..Beach Florida.33160: .,')""Y r7<E1 •
30'5.947.0606 °` ^'•"=``' e
i . . - .www.sibfl:n6t . 8- --:. :,,D?f T, • :
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C��rOrsUN04
PBID SUBMITTAL FORM
6 Bid Title: DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES
The undersigned Contractors proposes and agrees, if this Bid is accepted, to enter into an agreement with
The City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the Contract
D Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with
the other terms and conditions of the Contract Documents.
0 The Contractors accepts all of the terms and conditions of the Advertisement and Instructions to
Contractors, including without limitation those dealing with the disposition of Bid Security. This Bid will
remain subject to acceptance for 90 days after the day of Bid opening. The Contractors agrees to sign and
submit the Agreement with the Bonds and other documents required by the Bidding Requirements within
1 ten days after the date of the City's Notice of Award.
In submitting this Bid, the Contractor represents, as more fully set forth in the Agreement, that:
II • The Contractor has familiarized himself/herself with the nature and extent of the
Contract Documents, Work, locality, and all local conditions and Law and
Regulations that in any manner may affect cost, progress, performance, or
Ilfurnishing of the Work.
• The Contractor has studied carefully all specifications and requirements.
• The Contractor 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 Contractor.
1 • This Bid 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 Contractor has
® not directly or indirectly induced or solicited any other Contractors to submit a
false or sham Bid; the Contractor has not solicited or induced any person, firm or
corporation to refrain from Bidding; and Contractor has not sought by collusion to
obtain for itself any advantage over any other Contractors or over the City.
The City and the successful Contractor will establish completion times for each individual Work Item and
1 the successful Contractor agrees that the work will be completed within the time frames agreed upon and
stipulated in the individual Purchase Orders and/or Notice to Proceed.
1
SCity of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 46
IIDRC Emergency Services,LLC 89
RFP No.18-04-02
•
CITY,OF SUNNY ISLES BEACH -
- 1'8070;Collin•s Avenue -
- Sunny Isles Beoch;.Flonda`33160 S�NNY
305.947:0606 °` F
tI - •
www.sibN.net )
Q 1f • r• OS
ci4OfSUNP�
II
eFirm Name:
DRC Emergency Services, LLC
Street Address:
110 Veterans Boulevard,Suite 515,Metairie,LA 70005
0 Mailing Address (if different):
Same as above
Telephone No. (888)721.4372 Fax No. (504)482-2852
Email Address: Kfuentes@drcusa.com FEIN No. 3 -__Ii/t8j_3j_7j9
*By signing this document the proposer _ rees to all Terms& Conditions
Signature: / /1 t
/Pr.—i
(Signature of autho�fi age
Print Name: Kristy Fuentes
II
Title: Vice President/Secretary/Treasurer
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF CONTRACTOR
TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION
WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE
PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER,IN ITS SOLE DISCRETION,ACCEPT
ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS
•
THE CONTRACTOR TO THE TERMS OF ITS OFFER.
I
City of Sunny Isles Beach I RIP Disaster Debris Management and Disposal Services 18-04-02 47
r 90
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CITY OF SUNNY ISIES.BEi4CH
I� -_ 1807.O.Collins.Avenue.
Sunny Isles..Beach Florida 33160 ,�""ris,‘.r
.305:947 0606 o ,j_. \a
1I "_
www.sibfLnel \�
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gSection 7
QQUALIFICATION STATEMENT
Check one:
BSubmitted By: DRC Emergency Services,LLC ❑ Corporation
Name: Kristy Fuentes ❑ Partnership
OAddress: 110 Veterans Boulevard,Suite 515 ❑ Individual
City, State, Zip Metairie, LA 70005 ❑x Other
0 Telephone No. (888) 721-4372
Fax No. (504)482-2852
0 1. Indicate registration, license numbers or certificate numbers for the businesses or
professions, which are the subject of this Bid. Please attach certificate of
0 competency and/or state registration.
Florida Contractor's License No:CRC1331307
Secretary of State Certification/Divisions of Corporations Registration Number: M05000003946
i
2. Have you ever failed to complete any work awarded to you? If so, state when, where
Iand why:
No.
I
1 3. State the names, telephone numbers, emails and last known addresses of three (3)
owners, individuals or representatives of owners with the most knowledge of work
I which you have performed and to which you refer(government owners are preferred
as references).
1 City of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 48.
Il DRC Emergency Services,LLC 91
RFP No.18-04-02
I'
:CITY OF SUNNY.ISIES;-BEACH' • •
- - — - - • _ _ •.
1807.O�:Colliris=:Avenue . -- -
Sunny Isles.Beach, Florida 33160. sV"NY
305:947:0606
www.sibfl:net 3.
S•p
$,_
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fY or suh
II
Mario Nunez 1290 NW 20th Street,Miami, FL 33142 (305)960-2804
DDavid Parsons 1149 Pearl Street, Beaumont,TX 77701 (409)835-8599
Mike Enlow 42077 Churchpoint Road,Gonzales,LA 70737 (225)450-1326
II
4. List the pertinent experience of the key individuals of your organization (continue on
insert sheet, if necessary).
DRC,its subcontractors,and/or personnel list amon• their accomplishments,membershi. in
I _professional
organizations including NEMA,APWA,SWAIN and the Society of American Military
Engineers. Please see Tab 7 for more detailed information on Key Personnel.
5. State the name of the individual who will have personal supervision of the work:
Joe Newman,Vice President of Operations
6. State the names.and addresses of all businesses and/or individuals who own an
interest of more than five percent (5%) of the. Offeror's business and indicate the
percentage owned of each such business and/or individual:
DRC is wholly owned by DRC Equity,LLC.DRC Equity, LLC is located at 6702 Broadway Street,
Galveston,TX 77554
II
7. State the name of Surety Company which will be providing the bond, and name and
address of agent:
The Hartford Bruce Huffhines Dallas Contract Surety Manager
3000 Internet Boulevard,Suite 600, Frisco,TX 75034
City of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 49
DRC Emergency Services,LLC 92
RFP No.18-04-02
di.-- _ . • . - '. . : ... _ • . . . _ ._ . • - .
CITY OF SUNNY ISLESBEACH-
- 07.0:
18Collins:Avenue: d -- :.
µNY fS
Sunny Isles:Be:0i, Floridn`n 160. - - \<Fr�
I.IJ_ .. __- -.. . ' 305:.947:0606 0',<:,- , . ....
_... . . . . . .- - _ _ - _ _ wvrw.sibfl:nel 4-.-,...,,-, :,...7,_,a
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f((.14oI su 4 P�O
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8. Attach a financial statement including Contractor's latest balance sheet and income
0 statement showing the following items:
a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materiais, reai estate, stocks and bonds,
IIequipment, furniture and fixtures, inventory and prepaid expenses):
b) Net Fixed Assets
Il c) Other Assets
d) Current Liabilities (e.g., accounts payable, notes payable, accrued
expenses, provision for income taxes, advances, accrued salaries, real
f
estate encumbrances and accrued payroll taxes).
e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding
- shares par values, earned surplus, and retained earnings).
Il9. State the name of the firm preparing the financial statement and date thereof:
11 Ubemosky &Majeres,PLLC
11. Litigation/Judgements/Settlements/Debarments/Suspensions — Submit information •
I on any pending litigation and any judgements and settlements of court cases relative
to providing the services requested herein that have occurred within the last three
(3) years. Also indicate if your firm has been debarred or suspended from bidding or
1 proposing on a procurement project by any government entity during the last five (5)
years.
Please see attached.
I
I
•I
I
ICity of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 50
I DRC Emergency Services,LLC 93
RFP No.18-04-02
1
(pc
,J 0NY,S(F
•t. ..--,; :sr, NON - COLLUSION AFFIDAVIT
', •
• t• i:� • Cityof Sunny Isles Beach
' 0 18070 Collins Avenue
��'.",.r l o P`° Sunny Isles Beach,FL 33160
�" o, ,U" '"0 Telephone:(305)947-0606 Fax:(305)949-3113
QSTATE OF FLORIDA )
COUNTY OF Jefferson Parish) )
iThe undersigned being first duly sworn as provided by law,deposes,and says:
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 RFP.
The undersigned is authorized to make this Affidavit on behalf of,
IDRC Emergency Services, LLC
(Name of Corporation,Partnership,Individual,etc.)
a, Limited Liability Company formed under the laws of Alabama
(Type of Business) (State)
of which he is Vice President/Secretary/Treasurer
(Sole Owner,Partner,President,etc.)
Neither the undersigned nor any person, firm, or corporation named above nor anyone else to the knowledge of the undersigned, have
I themselves solicited or employed anyone else to solicit favorable action for this RFP 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.
This RFP is genuine and not collusive or a sham; the person, firm or corporation named above has not colluded, conspired, connived or
I agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham RFP, or that such person, firm or
corporation, shall refrain from Bidding,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 Bid or Bids of any other proposers; and all statements
contained in the RFP or RFPs described above true; and further; neither the undersigned, nor the person, firm or corporation named
above has directly or indirectly submitted said RFP or the contents thereof, or divulg-: information or - etative thereto, to any
I association or to any member or agent thereof.
/
Kristy Fuentes Vice President/Secreta • reasur 1
t/t fr I
1 AFFIANTS NAME AFFIANTS TITLE r
TAKEN,SWORN AND SUBSCRIBED TO BEFORE ME this-A0dayof ,2018.
1 Personally Kno n or Produced Identification ; +/-
Type of identification
1 ./, ..---.
(Affix seal here)
IGARY A. DES ROCHES • • Y PUBLIC(name printed or typed)
NOTARY PUBLIC
State of Louisiana, Bar No. 19550
My Commission is for life
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SUNNY rs4E
t �• r
O - B
PUBLIC ENTITY CRIMES
City of Sunny Isles Beach
18070 Collins Avenue
. x•v o•oY+`' Sunny Isles Beach,FL 33160
�' or luN ' o Telephone:(305)947-0606 Fax:(305)949-3113
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a
-
public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of
real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub-Contractor, or
Consultant under a Contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on
the convicted vendor list".
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to City of Sunny Isles Beach
rby Kristy Fuentes
(print individual's name and title)
for DRC Emergency Services.LLC
(print name of entity submitting sworn statement( •
whose business address is:
110 Veterans Boulevard,Suite 515,Metairie,LA 70005
1
and (if applicable) its Federal Employer Identification number(FEIN)is 63.1263729
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement:NIA .)
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any
1 public entity or an agency or political subdivision of any other state of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trail court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
4. ' I understand that an "affiliate"as defined in Para. 287.133(1)(a), Florida Statutes, means:
a.) predecessor or successor of a person convicted of a public entity crime;or
b.) Any entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executors, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
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A _ market value under an arm's length agreement, shall be a prime facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
' 5. I understand that a "person" as defined in.Para. 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "persons" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of any entity.
I6. 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.)
1 x 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.
IThe 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
I 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,
I 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
I State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (Attach a copy of the final order.)
' I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 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
I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF THE THRESHOLD AMO T PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY, CHANGE I,, H , •-MATION CONTAINED IN THIS FORM.
�By. /
t .._IL/hI a .
( ig a ure) /
II
Kristy Fuentes
(Printed Name)
Vice President/Secretary/Treasurer
(Title)
I $ .-
Sworn to a-9I�scribgd bgfo�me this $ day of /Li , 20 11 , by
/ ,i,".
I (AFFIX NOTARY STAMP HERE)
I
Signature: Nofary PublicSta Print or Type Commissioned Name-'
Personally Known OR Produced Identification = _
I
- GARY A. DES ROCHES
Type of Identification Produced
• NOTARY PUBLIC
3 of 10 State of Louisiana, Bar No. 19550
My Commission is for life
117
4 SUNNY 44E.r
EQUAL OPPORTUNITY /
_ : : AFFIRMATIVE ACTION
, City of Sunny Isles Beach
`' .o, �� . 0 18070 Collins Avenue
Sunny Isles Beach,FL 33160
Telephone:(305)947-0606 Fax:(305)949-3113
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT
The contractors and all subcontractors hereby agree to a commitment to the principles and
practices of equal opportunity in employment and to comply with the letter and spirit of
federal, state, and local laws and regulations prohibiting discrimination based on race,
color, religion, national region, sex, age, handicap, marital status, and political affiliation or
belief.
•
Signed: /}(j.44- 000, /1 e • •
Title: Vice Presidecretary/Treasurer
• Firm: DRC Emergency Services, LLC
Address: 110 Veterans Boulevard, Suite 515
Metairie, LA 70005
1
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/Q iSVyN :.•nJ • CONFLICT OF INTEREST
,- :a," City of sunny Isles Beach
G - i'-7: r. c
; . 18070 Collins Avenue
;= • Sunny Isles each,FL 33160
•
.,,-.7--- . Telephone:(305)947-0606 Fax:(305)949-3113
'Se C'➢'•FI0 C'S V'
�r SUN ''''°
r CONFLICT OF INTEREST STATEMENT
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers
must disclose with their Bids,the name of any officer,director,partner, associate or agent who is also an officer or
Iemployee of the City of Sunny Isles Beach or its agencies.
STATE OF FLORIDA
I COUNTY OF
BEFORE ME,the undersigned authority,personally appeared Kristy Fuentes
who was duly sworn,deposes,and states:
1 1. I am the VP/Secretary/Treasurerof DRC Emergency Services, LLC with a local
office in West Palm Beach.Florida and principal office
1 in Galveston.Texas
2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. 18-04-02
described as Disaster Debris Management and Disposal services . The Affiant has made diligent
Iinquiry and provides the information contained in this Affidavit based upon his own knowledge.
3. The Affiant states that only one submittal for the above Bid is being submitted and that the above
named entity has no financial interest in other entities submitting Bids for the same project.
I4. 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
I with the entity's submittal for the above Bid. This statement restricts the discussion of pricing data until the
completion of negotiations if necessary and execution of the Contract for this project.
5. 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.
6. 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.
I7. 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.
1 8. 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.
1 9. 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.
Date t'is 'Sg..... ,of ir1t� , 20 i
I / ' , /) Kristy Fuentes VP/Secretary/Treasurer
AF A / �-c ,/ Print or Type Name and Title
Sworn to and subscribed before me this 7S --e---7--
day of J21
IR Personally Known,OR =
o Produced Identification-Type of Identification . -
% "-"GARY A. DES ROCHES
NOTARY PUBLIC STATE OFF RIDA .
inky'ARV 1-7UoLw
5 of 1oState of Louisiana, Bar No. 19550
My Commission is for life
119
1
SJNNY ls<E
IOA� , .•T JB' DISPUTE DISCLOSURE
V _ h_ 1
City of Sunny Isles Beach
I .' , 18070 Collins Avenue
,�➢�.,,pf`°oti`' Sunny Isles Beach,FL 33160
'r o,,�„r" Telephone:(305)947-0606 Fax:(305)949-3113
DISPUTE DISCLOSURE FORM
Answer the following questions by placing a "X" after "Yes" or "No". If you answer "Yes", please
1. explain in the space provided, or on a separate sheet attached to this form.
1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
I Department of Professional Regulations or any other regulatory agency or professional associations within the last
five (5) years?
IYES NO X
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
I contract or job related to the services your firm provides in the regular course of business within the last five (5)
years?
YES NO X
3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
I or litigation in the past five (5) years 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 outcome or status of the suit and the
monetary amounts of extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid
for the City of Sunny Isles Beach.I
DRC Emergency Services, LLC 5/,,
01 /►.?)
Firm Date
���'��
Authorized Signatuf Aa
h.!7n ii Kristy Fuentes VP/Secretary/Treasurer
Print or Type Name and Title
I
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SVN NY is,F
f
=� e ANTI - KICKBACK
. r n
Z
• '_-5.-;;;; City of Sunny Isles Beach
' ?' `.-- 18070 Collins Avenue
�• D',.r pa`°o; Sunny Isles Beach,FL 33160
o. ,uM'� Telephone:(305)947-0606 Fax:(305)949-3113
1 ANTI-KICKBACK AFFIDAVIT
ISTATE OF FLORIDA )
)
1 COUNTY OF )
I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid
I will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a
commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or
by an officer of the corporation.
11 4a. .
By: / /
I /
Title: Vice President/SecretaryITreasurer
I
T e foregoing instru ent was acknowledged before me this gX�day of
, 20 1f, by Kristy Fuentes [name
1 of pe .• ], as Vice President/Secretary/Treasurer [type of authority], for
DRC Emerge cy Services,LLC [name of party on behalf of whom instrument was
executed].
IAFFIX NOTARY STAMP HERE: __---
INotary Public— State ojFIorida
IPrint or Type Commissioned Name
•
IIPersonally Known OR Produced Identification
Type of Identification Produced
I •
CARY A. DES ROCHES
NOTARY PUBLIC
State of Louisiana, Bar No. 19550
, MyrCommission=is for life
7 01 10 .
I 121 •
•
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'SJNNY 1J(EJe
: ') BID BOND
City of Sunny Isles Beach
I 18070 Collins Avenue
',..'99,•i oc'°T' Sunny Isles Beach,FL 33160
c'''p,10+ 'au Telephone:(305)947-0606 Fax:(305)949-3113
1 STATE OF FLORIDA )
COUNTY OF Mrami-0ade )
1 KNOW ALL MEN BY THESE PRESENTS, that we, DRC Emergency Services,LLC as Principal, and
Hartford Fire Insurance Company , as Surety, are held and firmly bound unto the City of Sunny Isles
Beach, a municipal corporation of the State of Florida in the sum of FiveTTo,fiand Coders and dm100- Dollars (S$5,000.00 ), Ia:..rf_I
money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators
Iand 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, M47 10 2018 for:
I RFP No.15-04-02,Disaster Debris Management and Disposal Servrss .
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 Proposers 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
I the Contract.
NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10)consecutive calendar days after written
notice of such acceptance,enters into a written Contract with the City of Sunny Isles Beach and furnishes the Performance Bond,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.
I IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this 10th day
of Mar 2016 the name and the corporate seal of each corporate party being hereto affixed and these presents
being duly signed by its undersigned representative.
IDOCUMENT CONTINUES ON NEXT PAGE
DRC tergency S-rvic
l 41
II IN PRESENCE OF: i
Individual or Partnership Principal •ffix Corp.,=t'ea
i 6702 Bnoaeway
Business Address
Galveston,Tx 77554
I City,State,and Zip Code
(866)721-4372 (504)462.2852
Business Telephone Business Facsimile
I -
_ -Hartford Fire Insurance Company
ATTEST: '
.-CY_A----.—, 0 721, k) —1- aecasray
I - ` • ,Attar a e Surety)'
Susan D.Zapalowski,Witness
David T Micle?te,Attort ey_in-Fact
.--- _ By:
'Impress Corporate Seal - -
IMPORTANT
Surety companies exer,tiiing 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.
8 of 10
l
Direct Inquiries/Claims to:
ITHE HARTFORD
POWER OF ATTORNEYBOND,T-12
One Hartford Plaza
Hartford,Connecticut 06155
Bond.Claims(althehartford.com
call:888-266-3488 or fax:860-757-5835
I KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOWEN MICLETTE & BRITT INS AGY LLC
Agency Code: 46-504809 & 61-613558
Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut
1 [7 H• artford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana
1-1 Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut
1 T• win City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest,a corporation duly organized under the Laws of the State of Indiana
177 H• artford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida
having their home office in Hartford,Connecticut,(hereinafter collectively referred to as the"Companies')do hereby make,constitute and appoint,
up to the amount of Unlimited :
Joni Bowen Maness, Kristi Lovett, Ashley Britt, Robert C. Davis, Jennie Goonie, -
1 Rita G. Gulizo, Nikole Jeannette, Barry K. McCord, David G. Miclette, David T. Miclette,
Tabitha Starkey, Susan Zapalowski of Fort Smith AR, New Orleans LA and of HOUSTON, Texas
11 their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
1 In Witness Whereof,and as authorized by a Resolution of the Board of Directors of the Companies on May 6,2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further,pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
a -iii- ( .s- ` .I
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4 {. t�`:.S•Vc• ' i yrs 0•xa0 • ( i,1970 : fOT e f F i:�
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1
teZ2-7,2 ----
1 John Gray,Assistant Secretary M.Ross Fisher,Senior Vice President
STATE OF CONNECTICUT
ss• Hartford
COUNTY OF HARTFORD
On this 5th day of January,2018,before me personally came M.Ross Fisher,to me known,who being by me duly sworn,did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
i described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
...„7:-)1I 0
. > �
(Cathleen T.Maynard
Notary Public
CERTIFICATE My Commission Expires July 31:2021
1I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregcing is a true and correct
copy of the Power of Attorney executed by said Companies,which is still in full force effective as of May 10, 2 012,8
Signed and sealed at the City of Hartford.
,�,y am :';- •1�fip _ a y 4
40mo I, t:. i"., /,:`fit 11 e..0.,,w,,•.. goer es;ertc e etat.11:-ir - -
Kevin Heckman,Assistant Vice President
1 Pow MIS
1
SUNNY,„es
i4 ° _ AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
BEACH AND CROWDER GULF JOINT VENTURE, INC.
CONTRACT NO. 6622-094
OI fUN
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement")
is made in duplicate,this AY�ay of June,2018,by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and CROWDER GULF JOINT
VENTURE, INC., a corporation authorized to do business in the State of Florida (hereinafter
referred to as "Contractor")whose Federal I.D. # is 01-0626019.
RECITALS
WHEREAS, in response to the City's Request for Proposal (RFP) No. 18-04-02, and
Resolution No. 2018-2825, a secondary Contractor was selected to provide emergency/disaster
debris clearing, management, and removal operations for the City ("Services");.and
WHEREAS, Contractor has expressed the ability and desire to provide these Services,as
more particularly described in Attachment "A", a copy of which is attached hereto; and
WHEREAS, the total amount to be paid for the Services is on a unit price basis in
accordance with the Fee Schedule, as more particularly described in Attachment "A".
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1.1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference. In addition, the following documents are hereby
incorporated by reference and made part of this Agreement:
fil Specification and Proposal Documents prepared by the City for Disaster Debris
Management and Removal Operations, RFP No. 18-04-02.
ii Response to RFP No. 18-04-02, prepared by Contractor, a copy of which is
attached hereto as Attachment"A" and incorporated herein by reference.
All Exhibits are collectively referred to as the "Contract Documents".
1.2. SERVICES. Contractor shall provide Emergency Debris Clearing, Management, and
Removal Operations as the secondary Contractor, to be utilized in case of default by the primary
Contractor or to provide assistance and additional resources to primary Contractor, for services
pursuant to the terms and conditions set forth in the Request for Proposal 18-04-02 and
Attachment "A". Contractor shall perform the Services under the general direction of the City
and shall furnish all labor, materials, supplies, equipment, supervision and services necessary for
and incident to the performance of the Services, except as otherwise noted in the specifications.
By signing this Agreement, the Contractor represents that it thoroughly reviewed the Contract
Documents incorporated into this.Agreement and that it accepts the Services and the conditions
under which the Services are to be performed.
1_3. QUALIFICATIONS. Contractor and the individual executing this Agreement on behalf
of the Contractor warrant to the City that the Contractor is duly constituted and authorized to do
6622-094 CROWDER GULF JOINT VENTURE.INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
business in the State of Florida, is in good standing and that the Contractor possesses all of the
required licenses and certificates of competency required by the State of Florida and Miami-Dade
County to perform the Services herein described.
1.4. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, this Agreement shall commence upon execution of this Agreement by both
parties and shall be for an initial term of three (3) years with the option to renew the contract for
one (1) additional two (2) year period, for a total of five (5) years. Services under this Agreement
shall commence upon the issuance of Notice to Proceed from the City Manager or designee.
1.5. COMPENSATION. Contractor acknowledges that this is a contingent services contract
and that no payments will be made or due from the City unless Contractor is specifically engaged
by the City for a specific emergency. All payments to be made hereunder shall be paid in
accordance with the Fee Schedule contained in Contractor's Response to Request for Proposal
18-04-02, attached hereto as Attachment"A" and incorporated herein by reference. All invoices
and payments shall be for Services completed pursuant to this Agreement after submission of
invoices to the City. All invoices shall be submitted in accordance with Request for Proposal 18-
04-02.
The City will pay properly submitted invoices within thirty (30) days of receipt, for completed
and accepted Services, unless the City notifies the Contractor in writing of the dispute, before the
payment is due. The City's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation for its purpose by the City Commission. The Contractor shall make
no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other
expenses or costs unless any such expense or cost is incurred by Contractor with the prior written
approval of the City. If the City disputes any charges on the invoices, it may make payment of
the uncontested amounts and withhold payment on the contested amounts until they are resolved
by agreement with Contractor. There are no reimbursable expenses associated with this
Agreement.
1.6. PERFORMANCE AND PAYMENT BOND. Upon activation of a task order by the
City, Contractor will be required to provide the City with a Performance and Payment Bond in
the amount of 100% of the contract/ Purchase Order value, whichever is greater, within three (3)
calendar days of a written 'Notice to Proceed' by the City Manager or designee. Once activated,
the Payment and Performance Bonds shall be in force for a period of not less than one (1) year
from the date of original execution by the Bond Surety. Bonds shall be executed by the Contractor
and surety company authorized to do business in the State of Florida with an A.M. Best rating of
"A-" (Excellent) or better, which bond shall be conditioned upon the successful completion of all
work, labor, services, materials to be provided and furnished, and the payment of all
subcontractors, materials and laborers. If the value of the contracted work increases, the
Contractor shall be required to provide an updated Performance and Payment Bond in an amount
equal to the new value.
1.7. TIME IS OF THE ESSENCE. All parties agree that time is of the essence. The
Contractor must provide sufficient equipment and labor, based on the magnitude of the disaster
and information from damage assessments, necessary to meet the City's timelines as follows: 1)
6622-094 CROWDER GULF JOINT VENTURE.INC.
2
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
clearing of primary rights-of-way within 24 hours of receiving the task order;2)removal of debris
started within 48 hours of receiving the task order; 3) removal of debris must be underway in all
zones within 70 hours; and 4) all debris removal operations must be completed within 10 days.
Failure to 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 issuance of each task order by the
City Manager or his designee, shall result in the City making a claim against the Contractor's
Performance Bond in the amount of the cost per hour of each crew as defined in the Revised 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. Contractor shall not be
liable for unavoidable delays beyond their reasonable control.
1.8. 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.
1_9. 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.
1.10. INSURANCE. Contractor shall, at its 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 or employees, as indicated below:
❑ Comprehensive 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 One Million Dollars ($1,000,000) per occurrence.
❑ Worker's Compensation and employer's liability coverage, as required pursuant
to Florida law.
6622-094 CROWDER GULF JOINT VENTURE.INC.
3
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
❑ Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000) per occurrence.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed,
and at any time upon request, Contractor shall furnish to the City certificates of insurance
evidencing the minimum required coverage and shall be appropriately endorsed for contractual
liability, with the City named as 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 Manager or his designee. All insurance policies and certificates
of insurance shall provide that the policies may not be canceled or altered without thirty(30)days
prior written notice to the City. Contractor shall also require and ensure that each of its sub-
Contractors providing services hereunder(if any) procures and maintains, until the completion of
the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO
THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN
WRITING BY THE CITY.
1.11. TERMINATION AND REMEDIES FOR BREACH.
A. The Contractor agrees that the upon receipt of the Notice to Proceed (NTP) from
the City Manager or designee, the primary Contractor will have twelve (12) hours
to contact the City in response to the NTP and twenty-four (24) hours to
substantially mobilize or begin performance under the terms of this Agreement.
The City reserves the right to pursue secondary Contractor for Services if primary
Contractor either fails to mobilize or begin performance under the terms of this
Agreement. 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, and the City shall receive a refund from the Contractor
in an amount equal to the actual cost of a third party to cure such failure. if
Contractor fails, refuses or is unable to perform any term of this Agreement, City
shall pay for services rendered as of the date of termination.
In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
6622-094 CROWDER GULF JOINT VENTURE.INC.
4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ii 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.
B. 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. In the event of such a termination
without cause, the Contractor shall be compensated for all services performed to
the City's satisfaction and prior to termination. Upon receipt of the notice of
termination for convenience, Contractor shall promptly discontinue all work and,
to the extent indicated on the notice of termination, shall terminate all outstanding
subcontracts and purchase orders as they relate to the terminated portion of the
Contract, shall refrain from placing further orders and/or contracting with
subcontractors, and shall complete any continued portions of the work;The terms
of Paragraph 1.1 IA(i) and A(ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
1.12. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement
shall be governed by, construed and enforced in accordance with the laws of the State of Florida.
Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes
necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and
the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the
pretrial, trial and appellate levels.
1.13. 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 from violating such
provisions.
1.14. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
6622-094 CROWDER GULF JOINT VENTURE.INC.
5
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
court, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY
CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is
intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or
privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes.
1.15. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii)by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or
registered mail, first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognized courier service), addressed to such party as follows:
If to the City: Christopher J. Russo With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Avenue City of Sunny Isles Beach
Fourth Floor 18070 Collins Avenue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792-1776 Sunny Isles Beach, Florida 33160
Tel: (305) 792-1766
If to the John Ramsay
Contractor: President& CEO
Crowder Gulf
5435 Business Parkway
Theodore, AL 36582
Tel: (251) 459-7430
Fax: (251)459-7433
Email: Aramsay@crowdergulf.com
Or
Ashley Ramsay
Senior Vice President & COO
Crowder Gulf
5435 Business Parkway
Theodore, AL 36582
Tel: (251) 459-7430
6622-094 CROWDER GULF JOINT VENTURE,INC.
6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Fax: (251)459-7433
Email: Aramsay@crowdergulf.com
1.16. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
(i) Contractor shall keep and maintain public records required by the City to perform the
service.
(ii) Upon request from the City, Contractor shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
by law.
(iii)Contractor shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor does not
transfer the records to the City.
(iv) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all
public records in possession of the Contractor or keep and maintain public records required by
the City to perform the service. If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the contract,the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided by Contractor to the City, upon request from the City, in a format that is compatible
with the information technology systems of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue,
4th Floor, Sunny Isles Beach, Florida 33160.
L17. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT. During the performance of this contract,the Contractor agrees as follows:
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or
she is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
6622-094 CROWDER GULF JOINT VENTURE.INC.
7
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
(2) Violation: liability for unpaid wages: liquidated damages. In the event of any violation
of the clause set forth in paragraph (1) of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work
done under contract for the District of Columbia or a territory,to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (1) of this section, in the sum
of$10 for each calendar day on which such individual was required or permitted to work
in excess of the standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the same •
prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section."
L18. COMPLIANCE WITH THE COPELAND ANTI-KICKBACK ACT
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and
the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by
reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the FEMA may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for the compliance
by any subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of the
contract, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
1.19. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT.
6622-094 CROWDER GULF JOINT VENTURE,INC.
8
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Contracts amounts in excess of$150,000 shall agree to comply with all applicable standards,
orders pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. §§ 1251-1387).
A. Clean Air Act
(1) The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et
seq.
(2) The contractor agrees to report each violation to the City and understands and
agrees that City will, in turn, report each violation as required to assure notification
to the State of Florida, Federal Emergency Management Agency, and the
appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
B. Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the City and understands and
agrees that the City will, in turn, report each violation as required to assure
notification to the State of Florida, Federal Emergency Management Agency, and
the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
1.20. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this contract,
the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The Contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to their race, color, religion,
sex, sexual orientation, gender identity, or national origin. Such action shall include, but
not be limited to the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
6622-094 CROWDER GULF JOINT VENTURE.INC.
9
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations,or orders,this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately preceding paragraph
(1)and the provisions of paragraphs(1)through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The contractor will take such action
with respect to any subcontract or purchase order as the administering agency may direct
as a means of enforcing such provisions, including sanctions for noncompliance:
provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
6622-094 CROWDER GULF JOINT VENTURE.INC.
10
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
1.21. SUSPENSION AND DEBARMENT. During the performance of this contract, the
Contractor agrees as follows:
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.
3000. As such the contractor is required to verify that none of the contractor, its principals
(defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City of Sunny Isle
Beach. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City
of Sunny Isle Beach, the Federal Government may pursue available remedies, including
but not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,subpart
C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer.The bidder or proposer further agrees to include
a provision requiring such compliance in its lower tier covered transactions."
1.22. BYRD ANTI-LOBBYING AMENDMENT. Contractors who apply or bid for an award
of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C.
§ 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
1.23. PROCUREMENT OF RECOVERED MATERIALS. In the performance of this
contract, the Contractor shall make maximum use of products containing recovered materials that
are EPA- designated items unless the product cannot be acquired: (1) competitively within a
timeframe providing for compliance with the contract performance schedule; (2)meeting contract
performance requirements; or (3) at a reasonable price.
1.24. 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.
1.25. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII
of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
6622-094 CROWDER GULF JOINT VENTURE.INC.
11
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 non-
discrimination clause. 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.
1.26. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by
Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by
reference herein as if fully set forth herein, in connection with the Agreement conditions
hereunder. The Contractor covenants that it presently has no interest and shall not acquire any
interest,directly or indirectly which should conflict in any manner or degree with the performance
of Services under this Agreement. The Contractor further covenants that in the performance of
this Agreement, no person having any such interest shall knowingly be employed by the
Contractor. The Contractor guarantees that he/she has not offered or given to any member of,
delegate to the Congress of the United States, any or part of this contract or to any benefit arising
therefrom.
1.27. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent
permitted by law, the Contractor agrees to indemnify and hold-harmless the City, its agents,
representatives, officers, directors, officials and employees from any claims, liabilities, damages,
losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in
whole or in part, by the professional negligence, error or omission of the Contractor or persons
employed or utilized by the Contractor in performance of Services under this Agreement.
Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend
or pay for an attorney selected by the City to defend City, its agents, representatives, officers,
directors, officials and employees from and against any and all causes of action, demands, claims,
losses, liabilities and expenditures of any kind, including attorney fees, court costs,and expenses,
caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor,
including those of their employees, agents, servants, or officers, or accruing, resulting from, or
directly related to the subject matter of this Agreement including, without limitation, any and all
claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event any lawsuit
or other proceeding is brought against City by reason of any such claim, cause of action or
6622-094 CROWDER GULF JOINT VENTURE.INC.
12
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or
proceeding by counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination
of this Agreement. To the extent considered necessary by City, any sum due Contractor under
this Agreement may be retained by City until all of City's claims for indemnification pursuant to
this Agreement have been settled or otherwise resolved; and any amount withheld shall not be
subject to payment of interest by City. The parties agree that One Hundred Dollars ($100.00)
represents specific consideration to the Contractor for the indemnification set forth in this
Agreement.
1.28. ACCESS TO RECORDS. The following access to records requirements apply to this
contract:
(1) The contractor agrees to provide Florida Division of Emergency Management, The City
of Sunny Isles Beach, the FEMA Administrator, the Comptroller General of the United
States, or any of their authorized representatives access to any books, documents,
papers, and records of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The contractor agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work being
completed under the contract."
1.29. DHS SEAL, LOGO, AND FLAGS. The contractor shall not use the DHS seal(s),
logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific
FEMA pre- approval.
1.30. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement("Applicable Laws")and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
1.31. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE
ORDERS. This is an acknowledgement that FEMA financial assistance will be used to fund the
contract only. The contractor will comply will all applicable federal law, regulations, executive
orders, FEMA policies, procedures, and directives.
1.32. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative
Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this
contract.
6622-094 CROWDER GULF JOINT VENTURE.INC.
13
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
1.33. NO OBLIGATION BY FEDERAL GOVERNMENT. The Federal Government is not
a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity,
contractor, or any other party pertaining to any matter resulting from the contract.
1.34. CONFLICTING PROVISIONS. In the event of a conflict between the Contract
Documents or any ambiguity or missing specifications or instructions contained in this
Agreement, Request for Proposal 18-04-02, and Contractor's Response to Request for Proposal
18-04-02, the following priority is established:
i. This Agreement
ii. The terms and conditions of Request for Proposal 18-04-02.
iii. Contractor's Response to Request for Proposal 18-04-02, attached hereto as
Attachment "A".
1.35. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall
nevertheless be binding upon the parties with the same effect as though the void or unenforceable
provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts,each of which
shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto. -
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
[Remainder of page intentionally left blank]
6622-094 CROWDER GULF JOINT VENTURE.INC.
14
City of Sunny Isles Beach 1 8070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
on the day and year first written above.
WITNESS: CROWDER GULF JOINT VENTURE,
INC. _
Signatur ohn Ramsay, President & FO
Wesley Naile
Print Name
ATTEST,:' r. CITY OF SUNNY ISLES BEACH
r.\,
hl_ r'`
1,1Mauri io Befall,ur, CMC, City Clerk Christop ler J. Russo, City Manager
•
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-^,v APPROVED AS TO FORM t AND LEGAL SUFFICIENCY
Arif
• BY: 13Y. �
Department Head �i*btti of City Attorney
6622-094 CROWDER GULF JOINT VENTURE. INC.
15
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.1 .. r City of Sunny Isle Beach, FL
' -' _ •• i, RFP 18-04-02 Emergency Pre-Event Debris Removal Services
I _ _
ICITY OF SUNNY ISLES BEACH _
1807.0.Collins Avenue
_ - -Sunny Isles peach, Florida 33160 - so,'"Y"i,- - -
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AfaCHf�li EMT A = PRICE PROPOSAL
1
The Proposer shall provide the hourly rates, unit prices, and equipment rates requested below.
1 These prices and rates shall be all inclusive of labor,equipment, maintenance,fuel,delivery costs,
travel time, per diem and any other travel or miscellaneous expenses. Proposers may offer other
required positions as necessary with the written approval of the City's Project Manager.
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1 City of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 52 -
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. - . - . _ CITY OF SUNNY ISLES.BEACH -=• - •: •
- . 18.070 Collins Avenue - - .
• - •Sunny Isles Beach, Florido 33160- - ' . - sVar4.,'it,,,..
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SCHEDULE 1 , -LABOR CATEGORY HOURLY LABOR RATE
Operations Manager'w/Cell Phone and.5 Ton Pickup Truck $
I.I. 95.00
Crew Foreman vb./Cell Phone& 1 Ton Equip,Truck w/small tools and
1.2. misc.supplies in support of crew $ 65.00
U13 Tree.Climber/Chainsaw and Gear $
122.00
Laborer w/Chainsaw and Gear $
1 1.4. 48.00
Laborer w'/Small Tools,Traffic Control,or Flag Person $
1.5. 38.00
Bonded and Certified Security Personnel $
1.6. 65.00
OTHERS NOT LISTED IN LABOR CATEGORY-PLEASE LIST
BELOW
1
SCHEDULE 2 LOADING,REDUCING AND HAULING CATEGORY PER CUBIC YARD
2.1. Vegetative Debris Removal(based on Section 3.9)
11 Work consists of the collection and transportation of eligible
vegetative debris on the ROW or public property to a City
approved debris management site(DMS)or City approved final $ 11.95
1 disposal- site. This proposed rate shall apply to Removal of
Debris from City Parks&Facilities.
1 2.2. C&D Debris Removal(based on Section 3.10)
.Work consists of the collection and transportation of eligible $ 11.95
C&D on the ROW or public property to a City approved debris
1 management site(DMS)or City approved final disposal site.
Note 1: Tipping fees will be a pass through. / Assume mileage is 0-20 miles - for mileage over
1 20 please add $0.22 / CY / Mile.
1 City of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 53
1
ICITY OF-SUNNY ISLES BEACH .
1/3070 Collins.Avenue-
- - - Sunny Isles:BeacF, Florida-33160 -- -- - - sus"/sq.
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2.3. DMS Operation and Debris Management and Reduction
(based on Section 3.18)
I Work consists of managing and operating DMS for acceptance,
management, and reduction of eligible C&D and vegetative $ 5.60
disaster related debris. Management and Operation of a
Temporary Debris Staging and Reduction Site per incoming
Cubic Yard.
2.4. Mileage for Haul-out to Final Disposal Site within 25 miles
from DMS(based on Section 3.19)
Work consists of transporting eligible disaster related debris to
a City approved final disposal site within 25 Miles from the $ 4.95
1 DMS. Distance is measured as the crow flies and rounded to
the nearest mile.
1 2.5. 26-50.9 Miles
$ 8.25
1 2.6. 51+Miles $ 10.50
1 Removal of Hazardous Trees and Limbs (based on Section
3.14) Work consists of removing eligible hazardous trees or
limbs and placing them on the safest possible location on the $
2.7. City ROW for collection under the terms and conditions of
1 - Scope of Services Item 2,Vegetative Debris Removal. Sizes as
follows:
. 6 inch to 23.99 inch diameter each $
1 2.8. 225.00
z 9 24 inch to 35.99 inch diameter each $ 400.00
i2.10. 36 inch to 47.99 inch diameter each $ 500.00
2.11. 48 inch and larger diameter each $ 600.00
Removal of Hazardous Stumps(Based on section 3.15)
Rate includes removal, backfill of stump hole, reduction, and
1 2.12. final disposal. Sizes as follows: 24.1 inch to 36.99 inch $ 400.00
diameter
1 2.13. 37 inch to 48.99 inch diameter $ 560.00
1 City of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 54
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OF SUNNY IS BEACH •
1807.0.Collins'Avenue-
Sunny Isles Beach,Florida X3160 -- uK"r'S<F,
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Household Hazardous Waste Removal, Transport, and
Disposal (based on Section 3.11) Work consists of the
2.15. collection, transportation, and disposal of household $ 6.25 PER POUND
hazardous waste from the ROW to a City approved permitted
• hazardous waste facility or MSW type I landfill
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City of Sunny Isles Beach I REP Disaster Debris Management and Disposal Services 18-04-02 55
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: . . _ . - . _ CITY OF SUNNY ISLES-BEACH -
• 1807.0-Collins'Avenue -
- - - - - - - -- -. -- -Sunnyisles Beach,Porida 33160 - _ - `0"nr,S<EJ
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--- EQUIPMENT TYPE (OR • . INDICATE -
ISCHEDULE-3 EQUIVALENT) • WEATHER LEASED HOURLY LABOR RATE
.WITH OPERATOR CATEGORY-- • OR OWNED
1 3.1. 50' Bucket Truck $
Lease 117.00
3.2. Dozer,Tracked, D3 or Equivalent $
Own 84.00
I3.3. Dozer,Tracked,D4 or Equivalent $
Own 99.00
3.4. Dump Truck, 16 +/-CY $
I
Lease/Own 65.00
3.5. Dump Truck, 20 +/-CY $
Lease/Own 78.00
1 3.6. Dump Truck, 38 +/-CY $
Lease/Own 104.00
3.7. 100 KW Generator $
I Lease/Own 2,018.00/Week *
3.8. 300 KW Generator $
Lease 3,900.00/Week *
3.9. 500 KW Generator $
1Lease 6,600.00/Week *
3.10. 1000 KW Generator $
Lease 12,800.00/Week *
3.11. Light Plant with Fuel and Support $
Lease/Own 21.00
3.12. Gradere w/12" Blade(Min.30,000 $
LB) Lease/'Own 123.00
3.13. Lowboy Trailer w/Tractor $
Own 130.00
3.14. Mobil Crane up to 15 Ton $
Lease 162.00
3.15. Pump,95 HP(Minimum 25'Intake $
and 200' Discharge to Include Fuel Own 44.00
I 3.16. and Support Personnel)
Single Axle Dump Truck,5— 12 cu. Own $
yd. 60.00
3.17. 753 Bobcat Skid Steer Loader with Own $
debris grapple 95.00
3.18. Pickup Truck, 1 Ton Own $
40.00
1 3.19. Skid-Steer Loader, 1,500 LB Own S
Operating Capacity(w/ utility 95.00
grapple)
ICity of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 56
*Note -Typically generators are rented weekly or monthly. This fee does not include
1 mobilization and demobilization or fuel.
1 _ CITY OF SUNNY ISLES BEACH
- ` 18070:Collins'Avenae
Sunny Isles,Beach, Florida 33160 .- •,o"Y(sq.-
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3.20. Skid-Steer Loader, 2,500 LB $
Operating Capacity(w/ utility Lease/Own 95.00
1 3.21. grapple)
Compact Track Loader; 1;500 LB $
Operating Capacity(w/ utility Lease/Own 95.00
grapple)
I 3.22. Compact Track Loader, 2,500 LB $
Operating Capacity(w/ utility Lease/Own 95.00
grapple)
3.23. Tub Grinder,800 to 1,000 HPLease $ 630.00
1
3.24. Hydraulic Excavator, 1.5 cy(w/ $
Own 104.00
I thumb)
3.25. Hydraulic Excavator,2.5 cy(w/ $
thumb) Own 145.00
3.26. Flatbed Truck $
Lease 52.00
3.27. Articulated,Telescoping Scissor $
Lift for Tower, 15 hp/ 37 ft. lift Lease 30.00
3.28. Water Truck, 2,500 gal (Non- $
I Potable, Dust Control and Own 78.00
Pavement Maintenance)
3.29. Wheel Loader, 3 CY, 152 HP Own $ 160.00
1 3.30. Wheel Loader,4.0 CY, 200 HP Own $ 195.00
3.31. Wheel Loader, 1.5 CY,95 HP S
Own 130.00
3.32. Tandem Axle Dump Truck, 16—20 Own $ 95.00
Cu.vd.
I 3.33. Tandem Axle Dump Truck, 21—30 Own $
98.00
Cu.yd.
3.34. Handfed chipper $
Lease/Own 42.00
OTHER ITEMS NOT LISTED IN
EQUIPMENT CATEGORY-PLEASE
LIST BELOW
IAdditional Line Items Per Add 1:
1 3.35 C&D Grinding $5.90 Per CY
3.36 C&D Compaction $4.90 Per CY
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ICity of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 57
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1807.0.Collins Avenue
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SCHEDULE AS NEEDED-ADDITIONAL SERVICES UNIT RATE
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4.1. Marine Debris Removal—Per CY S 148.00
$
4.2. Removal of Abandoned Vehicles-Per Vehicle 200.00
4.3. Dead Animal Carcasses-Per Pound $ 1.90
$
4.4. White Goods-Per Unit 85.00
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4.5. Residential Drop-off Sites-Per CY $
18.00
4.6. E-Waste-Per Unit
5 55.00
Authorized Signatory:
Executed by: J. msay, President & CEO
(Type or print name) •
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City of Sunny Isles Beach IRFP Disaster Debris Management and Disposal Services 18-04-02 58
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- _ • CITY OF.SUNNY ISLES BEACH •
18070:Collins Avenue--
Sunny Isles Beach', Florida 33160 -
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DELIVER TO: REQUEST FOR PROPOSAL OPENING:
City of Sunny Isles Beach SECTION 6 Thursday, May 10, 2018 2:30 PM
City Clerk BID SUBMITTAL FORMS
18070 Collins Avenue
Sunny Isles Beach, FL 33160
PLEASE QUOTE PRICES, LESS TAXES, FOR THE
CITY OF SUNNY ISLES BEACH, FLORIDA
NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be
less all taxes. Tax Exemption Certificate furnished upon request. •
Issued by: Purchasing Agent Date Issued: This Bid Submittal Consists of
Genesis Cuevas 04/25/2018 Pages 44+
Sealed bids are subject to the Terms and Conditions of this Request for Proposal and the accompanying
Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or
incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the address
shown above until the above stated time and date, and at that time, publicly opened for furnishing the
supplies or services described in the accompanying Bid Submittal Requirement.
RFP 18-04-02
DISASTER DEBRIS MANAGEMENT AND DISPOSAL SERVICES
Procurement Aaent: Firm Name:
Genesis Cuevas
CrowderGulf Joint Venture, Inc.
Commodity Code(s):
RETURN ONE ELECTRONIC COPY(FLASHDRIVE OR CD) ONE ORIGINAL AND FOUR COPIES
OF BID SUBMITTAL PAGES AND AFFIDAVITS
1
FAILURE TO SIGN PAGE 47 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID NON-
RESPONSIVE
City of Sunny Isles Beach I REP Disaster Debris Management and Disposal Services 18-04-02 44
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CITY OF SUNNY ISLES BEACH
- - • - - — - - - - 18070 Collins Avenue — - - -
Sunny Isles Beoch, Florida 33160
305.947.0606 0
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BID SUBMITTAL FOR:
ACKNOWLEDGEMENT OF ADDENDA
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INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I:
iLIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS
BID
Addendum #1, Dated 05/08/2018
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
PART II:
❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
FIRM NAME: CrowderGulfJoi - V/e•'ure, I AUTHORIZED SIGNATURE:41( � DATE: 05/07/2018
TITLE OF OFFICER: . sldent & CEO
City of Sunny Isles Beach IRFP Disaster Debris Management and Disposal Services 18-04-02 45
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ADDENDUM # 1
DATE: May 8, 2018 /
TO:ALL PROPOSERS
FROM: Purchasing Agent
RFP NO.: RFP 18-04-02
TITLE: RFP 18-04-02 Disaster Debris Management and Removal Services
SUBJECT:Addendum No. 1
BID SUBMITTAL DEADLINE:Thursday, May 10, 2018 at 2:30 PM
Please attach this addendum to the documents in your possession and include the Acknowledgement
of Addenda form with your response incorporated in the RFP.This addendum is and does become a
part of the Disaster Debris Management and Removal Services RFP.
Questions & Answers:
1. There is a significant cost difference and amount of labor required to grind C&D debris versus grinding
vegetative debris. Would the City consider adding a separate line item for reduction of C&D via grinding?
A:Yes, please add the line item for C&D grinding as line 3.35 part of Schedule 3 of the price proposal.
2. Would the City consider accepting compaction as an accepted form of reducing C&D debris?A:Yes,
however any damage caused to the temp site by any compaction equipment or grinding equipment
for C&D must be repaired by the contractor.
3. Please explain specifically how the pricing of one proposal will be evaluated against the pricing from
another proposal, including the answer to these questions:
a.Will each pricing proposal be analyzed and refined to become one total number which can then
be compared to the other proposals,and if so,what is the formula that will be used to derive that
total number? A: Various price analysis methods may be utilized to determine the best value
among all proposers. -
b. Will extended totals (unit price multiplied by estimated quantity) be used to evaluate pricing,
and if so,what estimated quantities and what line items will be used to derive the extended totals
that will be evaluated? A: The City may use several evaluation formulas i.e. based on total
amount of debris generated,most used services, etc.
c. Will all pricing line items be evaluated equally or will some line items receive more importance
in the evaluation?A: Not necessarily.As mentioned before,various price analysis methods may
be utilized to determine the best value.
4. Is there an existing contract similar to this in place or previously in place?Are the bid tabulations
available?A:Attached is the City's previous contract for debris clearing and removal services.
5. Does the City have disposal rates for local C&D, Class 1 and Class 3 waste? A: Rates are determined at
the time of disposal and should be considered as a pass through cost. (As in,they pay up front and bill
us for actual with verified official dump tickets from the dump site.
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6. P. 12 states that the original bid security shall be in a sealed envelope and attached within the
response package submitted by the RFP deadline.
a. Does this mean that the Bid Bond needs to be submitted in a separate sealed envelope from
the proposal submittal?A:The original bid Bond must be submitted within the sealed
proposal.
b. Does this mean the original Bid Bond needs to be included in our original proposal
submittal?A:Yes.
7.The Bid Bond form states that the form continues on the next page, but there is no second page. Is it
correct as is?A: Yes,this is correct,the form is referring to the Performance Bond.
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-CITY OF SUNNY ISLES BEACH.
— — 1807.0 Collins Avenue_ . -
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Sunny Isles Beach,Florida 33160
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BID SUBMITTAL FORM
Bid Title: DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES
6a , The undersigned Contractors proposes and agrees, if this Bid is accepted, to enter into an agreement with
The City of Sunny Isles Beach 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 Bid and in accordance with
the other terms and conditions of the Contract Documents.
The Contractors accepts all of the terms and conditions of the Advertisement and Instructions to
Contractors, including without limitation those dealing with the disposition of Bid Security. This Bid will
remain subject to acceptance for 90 days after the day of Bid opening. The Contractors agrees to sign and
submit the Agreement with the Bonds and other documents required by the Bidding Requirements within
ten days after the date of the City's Notice of Award.
In submitting this Bid, the Contractor represents, as more fully set forth in the Agreement, that:
• The Contractor has familiarized himself/herself with the nature and extent of the
Contract Documents, Work, locality, and all local conditions and Law and
Regulations that in any manner may affect cost, progress, performance, or
furnishing of the Work.
• The Contractor has studied carefully all specifications and requirements.
• The Contractor 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 Contractor.
• This Bid 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 Contractor has
not directly or indirectly induced or solicited any other Contractors to submit a •
false or sham Bid; the Contractor has not solicited or induced any person, firm or •
corporation to refrain from Bidding; and Contractor has not sought by collusion to
obtain for itself any advantage over any other Contractors or over the City.
The City and the successful Contractor will establish completion times for each individual Work Item and
the successful Contractor agrees that the work will be completed within the time frames agreed upon and
stipulated in the individual Purchase Orders and/or Notice to Proceed.
•
City of Sunny Isles Beach I REP Disaster Debris Management and Disposal Services 18-04-02 46 .
CITY OF SUNNY ISLES BEACH
— 1807.0 Collins Avenue-
Sunny Isles Beoch,.Florido 33160So""r't
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305.947.0606 t\
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Firm Name:
CrowderGulf Joint Venture, Inc.
Street Address:
5435 Business Parkway Theodore, AL 36582
Mailing Address (if different):
5435 Business Parkway Theodore, AL 36582
Telephone No. 800-992-6207 Fax No. 251-459-7433
Email Address: jramsay@crowdergulf.com FEIN No. D1 -1/1/2.1§_iiv1 /9
*By signing this document the proposer agrees to all Terms& Conditions
I . Signa urrr
jp-
alet:ignature of authorized agen
Print Name: John Ramsay
Title: President & CEO
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF CONTRACTOR
TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION
WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE •
PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER,IN ITS SOLE DISCRETION,ACCEPT
ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS
THE CONTRACTOR TO THE TERMS OF ITS OFFER.
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City of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 47
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CITY OF SUNNY ISLES BEACH
1807.0.Collins Avenue
-'Sunny Isles.Beach, Florida 33160 , sv""'S<f� •
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Section 7
QUALIFICATION STATEMENT
Check one:
Submitted By: Crow.-rGulf Joint Ven dre, Inc. ❑X Corporation
Name: / y/ A John Ramsay, President & CEO ❑ Partnership
Address: / 5435 Business P. ay Individual
Other City, State, Zip Theodore, AL 36582 ❑ Other
Telephone No. 800-992-6207
Fax No. 251-459-7433
1. Indicate registration, license numbers or certificate numbers for the businesses or
professions, which are the subject of this Bid. Please attach certificate of
competency and/or state registration.
CGC1522633 - Florida Dept. of Business and Professional Regulation
t
2. Have you ever failed to complete any work awarded to you? If so, state when,where
and why:
CrowderGulf has never failed to complete work awarded to us.
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3. State the names, telephone numbers, emails and last known addresses of three (3)
owners, individuals or representatives of owners with the most knowledge of work
which you have performed and to which you refer(government owners are preferred
as references).
City of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 48
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„�-. NON - COLLUSION AFFIDAVIT
0 -'• z
City of Sunny Isles Beach
�, 18070 Collins Avenue
-''.c/''•F L 0° n''' Sunny Isles Beach,FL 33160
'�o. .uM'~ Telephone:(305)947-0606 Fax:(305)949-3113
Alabama
STATE OF FLORIDA )
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Mobile )
COUNTY OF )
® The undersigned being first duly sworn as provided by law,deposes,and says:
•
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
II --relied upon by said County,in any consideration which may give to and any action it may take with respect to this RFP.
The undersigned is authorized to make this Affidavit on behalf of,
1 . C.rowderGulf Joint Venture, Inc.
(Name of Corporation,Partnership,Individual,etc.)
a Corporation formed under the laws of Florida
(Type of Business) • (State)
of which he is President & CEO
0 (Sole Owner,Partner,President,etc.) •
Neither the undersigned nor any person, firm, or corporation named above nor anyone else to the knowledge of the undersigned, have
themselves solicited or employed anyone else to solicit favorable action for this RFP 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.
This RFP is genuine and not collusive or a sham; the person, firm or corporation named above has not colluded, conspired, connived or
agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham RFP, or that such person, firm or
1 corporation, shall refrain from Bidding,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 Bid or Bids of any other proposers; and all statements
contained in the RFP or RFP's described above true;,and further; neither the undersigned, nor the person, firm or corporation named
above has directly or indirectly submitted said RFP or the contents thereof, or divulged information or data relative thereto, to any
association or to as embe or agent thereof.
Jo3./ amsay President & CEO
iAFFIANT'S NAME AFFIANT'S TITLE
TAKEN,SWORN AND SUBSCRIBED TO BEFORE ME this 7th day of May ,2018.
iPersonally Known X or Produced Identification ,•
Ty0e'of identification
(Affix seal fiere)-• --, = KpA)...14.... a jua ji,,.....,
_ NOTARY PUBLIC(name printed or typed)
i -.z
`Notary Public;Mobile County,AL
I •My Commission Expires Sept 12,2018
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PUBLIC ENTITY CRIMES
City of Sunny Isles Beach
• ,; 18070 Collins Avenue
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�•'"'•r ioa`°a+`' Sunny Isles Beach,FL 33160
"F o, ,"� Telephone:(305)947-0606 Fax:(305)949-3113
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a
public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of
real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub-Contractor, or
Consultant under a Contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on
the convicted vendor list".
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to City of Sunny Isles Beach
by John Ramsay, President & CEO
[print individual's name and title)
for CrowderGulf Joint Venture, Inc.
(print name of entity submitting sworn statement)
whose business address is:
5435 Business Parkway Theodore, AL 36582
•
and(if applicable) its Federal Employer Identification number(FEIN)is 01-0626019
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement: .)
2.-- I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any
public entity-or an agency or political subdivision of any other state of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trail court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate"as defined in Para. 287.133(1)(a), Florida Statutes, means:
a.) predecessor or successor of a person convicted of a public entity crime; or
b.) Any entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executors, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
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Market value under an arm's length agreement, shall be a prime facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
1 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
1 services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "persons" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of any entity.
r 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.)
X 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.
1The 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,
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
1 State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (Attach a copy of the final order.)
1 I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 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
1 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) ':"----7-' "----7(
John Ramsay
I (Printed Name)
President & CEO
(Title) -
Sworn to and subscribed before me this 7th day of May , 20 18 , by
•
t' ./)(AFFIX NOTARY STAMP HERE _
-07-1i-k0' I /
Kerrie A.Noll Alabama
�..-Signature: Notary Public-State of Fterida_
Notary Public,Mobile County,AL
-- - �. Kertie A.Noll
My Commission Expires Sept 12.2018 ; _ .<,."" •.
_ ^^— -Pri.t or Type Commissioned Name
Personally Known X OR_Produced.ldentifi-cation
1 -Type of Identification Produced - -
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EQUAL OPPORTUNITY /
• AFFIRMATIVE ACTION
•,�,.�° ' City of Sunny Isles Beach
SUN � 18070 Collins Avenue •
-Sunny Isles Beach,FL 33160
• - Telephone:(305)947-0606 Fax:(305)949-3113 •
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT
•
The contractors and all subcontractors hereby agree to a commitment to the principles and
practices of equal opportunity in employment and to comply with the letter -andspirit 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.
D � /
Signed:
Q Title: resident & CEO
Firm: CrowderGulf Joint Venture, Inc.
5435 Business Parkway
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a Theodore, AL 36582
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�SV,4Ny,s,, CONFLICT OF INTEREST
1 II ���� City of Sunny Isles Beach
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CONFLICT OF INTEREST STATEMENT
IllThe award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers
must disclose with their Bids,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.
io STATE OF FLORIDA
COUNTY OF Mobile
BEFORE ME,the undersigned authority,personally appeared John Ramsay
who was duly sworn,deposes,and states:
1 1. I am the President & CEO of CrowderGulf Joint Venture, Inc. with a local
office in and principal office
in Theodore,At.36582
1 2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. 18-04-02
described as Disaster Debris Management and Disposal Services . The Affiant has made diligent
inquiry and provides the information contained in this Affidavit based upon his own knowledge.
I3. The Affiant states that only one submittal for the above Bid is being submitted and that the above
named entity has no financial interest in other entities submitting Bids for the same project.
I4. 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 Bid. This statement restricts the discussion of pricing data until the
Ucompletion of negotiations if necessary and execution of the Contract for this project.
5. Neither the entity nor its affiliates, nor anyone associated with them,is presently suspended or
gi otherwise ineligible from participation in contract letting by any local,State,or Federal Agency.
ll6. 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.
® 7. 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.
r8. 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.
9. In the event that a conflict of interest is identified in the provision of services, I,on behalf of the above
IIInamed entity,will immediately notify the City of Sunny Isles Beach.
Dated th7th day of May / 2018
John Ramsay, President & CEO
'FFIANT -- Print or Type Name and Title
7th f 18
0 Sworn to and subscribed before me this ...__day of y 20_
B Personally Known,OR
0 Produced Identification Type of Identification- = n
Alabama ] n J "o
NOTARY PUBLIC STATE OF FLORIDA - KertieA Noti
�. �- Notary Public,Mobile County,AL
_... My Commission Expires Sept 12,2018
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18070 Collins Avenue
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�'' „,,N�` Telephone:(305)947-0606 Fax:(305)949-3113
1 DISPUTE DISCLOSURE FORM
• Answer the following questions by placing a "X after "Yes" o: "No". If you answer "Yes", please
Iexplain in the space provided, or on a separate sheet attached to this form.
1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within the last
five(5) years?
YES NO X
1
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
a contract or job related to the services your firm provides in the regular course of business within the last five (5)
years?
YES NO X
I. •
3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business?
YES X NO If yes, state the nature of the request for equitable adjustment, contract
Q claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the
monetary amounts of extended contract time involved. Litigation Summary 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 Bid
for the City of Sunny Isles Beach. •
CrowderGulf Joint Venture, Inc . . 05/07/2018
UFirmf,, Date .
7/
�/ John Ramsay, President & CEO
11 j• orized Signature Print or Type Name and Title
•
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CROWDER
EULF
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Lawsuit and Judgment Statement
Litigation Summary
•
CrowderGulf strives to maintain the utmost integrity and reputation in this industry. We have been very successful
over the many years we have been in business but as any company can attest, being in business does allow a
certain amount of exposure.
Palmisano,et at.v.CrowderGulf, LLC,et al.: CrowderGulf is currently defending a lawsuit filed by certain individuals
who performed for subcontractors of CrowderGulf work during a waterway debris removal project following Hurricane
Sandy in the central region of New Jersey. The individual plaintiffs have taken the position that CrowderGulf violated
prevailing wage laws by not paying a prevailing wage for the work performed. However, the project was bid under
emergency procurement procedures, and CrowderGulfs client represented that it was not a prevailing wage job.
CrowderGulf expects to have no liability, or to be fully indemnified by its client if any liability is determined to exist.
CrowderGulf expects our projected outcome to have no liability, or to be fully indemnified by its client if any liability is
determined to exist."
In addition, the most current Dun & Bradstreet Report for CrowderGulf, it identifies the total number of suits, liens,
Q judgments and bankruptcy proceedings as zero. Due to our diligent efforts, we have been involved in very few
litigation cases, none of any significance.
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SUNNI-/J,FJ
Il
it e� ANTI - KICKBACK
--
• • City of Sunny Isles Beach
'. ;,...or---L----z1--r- ' 18070 Collins Avenue
''
''•,,r''•sI.0W%- .,`� Sunny Isles Beach,FL 33160
'�o,tv' �� Telephone:(305)947-0606 Fax:(305)949-3113
1 ANTI-KICKBACK AFFIDAVIT
Alabama
1 STATE OF FLORIDA )
)
COUNTY OF Mobile )
PI, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid
will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a
1 commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or
by an officer of the corporation.
1 B44a Z,.y:
1 Titi : John Ramsay,President&CEO
1 The foregoing instrument was acknowledged before me this 7th day of
May , 2018 , by John Ramsay [name
1 of person], as
CrowderGulf Joint Venture,Inc.President&CEO [type of authority], for
[name of party on behalf of whom instrument was
executed].
11 AFFIX NOTARY STAMP HERE: IAZQ(1_,,, I
Kemea Nle ll
C Notary Public— State of-Florida- Alabama
�;,`. Notary Public,Mobile County,A-
, • My Commission Expires Sept 12,2018 Kerrie A.Noll
Print or Type Commissioned Name
1 Person• ally- nown''X OR Produced Identification
z
--;-Type of Identikation Produced
II
OR
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7 of 10
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ok SVNN:Is,tro
BID BOND
,3 x
1 .
City of Sunny Isles Beach
18070 Collins Avenue
4-�/,'•„OF`O •.' Sunny Isles Beach,FL 33160
'' 40 - Telephone:(305)947.060E Fax:(305)949-3113
1. STATE OF FLORIDA )
- COUNTY OF Dade ) -
U KNOW ALL MEN BY THESE PRESENTS. that we.CrowderGulf Joint Venture, Inc.as Principal, and
Travelers Casualty and Surety Company of America . as Surely. are held and firrly bound unto the City of Sunny Isles
Beach,a municipal corporation of the State.of Florida in the sum of Five Thousand and 001100 Dollars (5 5,000.00 ),lawful
money of the United States;for the.payment of which sum well arid truly to be made.we bind ourselves.our heirs,executors,administrators
and successors jointly and severally,firmly by these presents..
1.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid
dated, May 10 2018 for:.
RFP 18-04-02 Disaster Debris Manauement and Disposal Services.
1 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 Proposers 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.
.1 NOW, THEREFORE, the conditions of this-obligation are such that if the Principal within ten(10)consecutive calendar days after written
notice of such acceptance,enters into a written Contract with the City of Sunny Isles Beach and furnishes the Performance Bond,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 10th day
of Maty .20 18 •the name and the corporate seal of each corporate party tieing hereto affixed and these presents
being duty signed by its undersigned representative.
DOCUMENT CONTINUES ON NEXT PAGE ,
1
IN PRESENCE OF:II (\^��A
CrowderGulf Joint Venture,Inc. By;
Vr•+
Individual or Partnership Principal Affix C orate Seal r`
5435 Business Parkway
Business Address •
1 Theodore,AL 36582
City,State.and Zip Code
251-459-7430 251-459-7433
IBusiness Telephone Business Facsimile
,r E- _ I�avelers C ualty and Surety C• . -ny o 'ri•a
NO. . - -' -.-J J, ��� ►! . s e.ry
�`= ongelio,.IC rporate Surety)' Me•ssa Beckworth, Account Manager
Att• ,Ip-Fact
By:
1 '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
1 to transact business in the State of Florida.
•
1 8 of 10
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WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
II
f--\ POWER OF ATTORNEY
. TRAVELERS]
Fa-rmington Casualty;Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
1 St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In Fact No. 231 761 Certificate No. 0071079 4 3
I
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty.Company. St. Paul Fire'and'A•larine Insurance Company, St.'Paul Guardian Insurance'
Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
_ Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut. that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa.and that Fidelity and Guaranty Insurance Underwriters.Inc..is a corporation duly organized under the
laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
James N.Congelio,James C.Congelio,and Lenita Wright
of the City of i1[aitland State of Florida their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign.execute,seal and acknowledge any and all bonds,recognizances,conditional undenakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons.guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permittediin any,actions or-proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to'be signed and their corporate seals to be hereto affixed.this 26th
day of Januar' , 2017 . . .
Farmington Casualty Company • . ' St.Paul Mercury Insurance Company
Fidelity and Guaranty'lnsurance'Cornpany. :. .. ' Travelers Casualty and Surety Company
Fidelity and Guaranty lnsurance'Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
1 L..5,,, PE fP� IIJL \ -40.,„09'17Z {1y(YO
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r>. ,-0 i N' Jti `�R.�c� tS.iN�i r`;"r`'�e �b: ..+`° 1 �y' ��1/A!1't
State of Connecticut By: .44*
City of Hanford ss. Robert L.Raney.Senior Vice President
1 On this the 26th day of Jarman' 2017.before me personally appeared Robert L.Raney,who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters,Inc..St.Paul
Fire and Marine Insurance Company.St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company.Travelers Casualty and Surety Company,Travelers
Casualty and Surety Company of America.and United States Fidelity and Guaranty Company,and that he.as such.being authorized so to do.executed the foregoing J
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
Trreu
1 In Witness Whereof.I hereunto set my hand and official seal. iG` `cfL. C
Ir
My Commission expires the 30th day of June.2021. * '01/ IA t Marie C.Teaeautt.Notary Public
Nit11
58440-5-16 Printed in U.S.A.
iWARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
I-