HomeMy Public PortalAbout2019-11 Awarding contracts to U.S. Lubricants DBA Dinos Environmental and Envirowaste Services Group for storm drain pipe, manhoRESOLUTION NO. 2OI9-II
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AWARDING
CONTRACTS TO U.S. LUBRICANTS, LLC (DBA DINOS
ENVIRONMENTAL) AND ENVIROWASTE SE,RVICES
GROUP,INC. FOR STORM DRAIN PIPE, MANHOLE' AND
CATCH BASIN CLEANING AND CLOSED.CIRCUIT
TELEVISION INSPECTIONS; PROVIDING FOR
AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE
\ilHEREAS, on January 3, 2019, the Village of Key Biscayne ("Village") issued
Request for Proposals No. 2019-01-03 ("RFP") for storm drain pipe, manhole, and catch basin
cleaning and closed-circuit television inspections ("Project"); and
\ilHEREAS, the Village received several proposals in response to the RFP; and
WHEREAS, after review and consideration of the proposals submitted in response to the
RFP, the Village Manager recommends awarding contracts for the Project to U.S. Lubricants, LLC
(dba Dinos Environmental) ("U.S. Lubricants") and Envirowaste Services Group, Inc.
("Envirowaste") as the lowest responsible and responsive bidders; and
WHEREAS, the Village Council desires to select and award contracts to U.S. Lubricants
and Envirowaste for the Project in the amounts of $226,792 and $288,154, respectively, and
authorize the Village Manager to execute a contract with U.S. Lubricants and Envirowaste
("Contract") in substantially the forms attached hereto as Exhibits "4" and "B"; and
\ilHEREASo the Village Council finds that the adoption of this Resolution is in the best
interest and welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
conhrmed, and incorporated herein.
Section 2. Award of Contracts. That the award of contract to U.S. Lubricants as the
prime contractor and Envirowaste as the secondary contractor in an amount not to exceed
5226,792 and $288,154, respectively, for the Project pursuant to the RFP is approved.
Section 3. Authorization. That the Village Council hereby approves the Contract
and authorizes the Village Manager to execute Contracts with U.S. Lubricants and Envirowaste in
substantially the forms attached hereto as Exhibits "4" and "8" and execute any related or
necessary documentation on behalf of the Village, subject to approval by the Village Attorney as
to form, content, and legal sufficiency.
Section 4. Implementation. That the Village Council hereby authorizes the Village
Manager to take any and all action which is reasonably necessary to implement the purpose of
this Resolution.
Section 5.Effective Date. That this Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this 26th day of February,20lg.
h/
A
C
GE CLERK
APPROVED AS TO FORM AND LEGAL S
W. DAVEY, MAYOR
2
VILLAGE ATTORNEY
EXHIBIT ''A''
SERVICES AGREEMENT
BET\ryEEN
THE VILLAGE OF KEY BISCAYNE
AND
U.S. LUBRICANTS, LLC (DBA DINOS ENVIRONMENTAL)
THIS AGREEMENT (this "Agreement") is made effective as of the _ day of _ffi ï'jJlli';TffiiiJ,iiXï;,'J,åi:#:iJ;i,li",,i¡ffiS,"*"JiiåÏ
Mclntyre Street, Key Biscayne, Florida 33149 (hereinafter the "Village"), and U.S.
LUBRICANTS, LLC (DBA DINOS ENVIRONMENTAL), a Florida Limited Liability
Company, whose principal address is 3636 NW 48th Street, Miami, Florida 33142 (hereinafter, the
"Contractor").
WHEREAS, on January 3,2019, the Village issued Request for Proposals No. 2019-01-
03 ("RFP") for storm drain pipe, manhole, and catch basin cleaning and closed-circuit television
inspections ("Project"); and
\ryHEREAS, in response to the RFP, on February 5, 2019, the Contractor submitted a
proposal ("Proposal"), which is incorporated and attached hereto as Exhibit "A," for the Services
(as hereinafter defined) and was awarded a contract; and
WHEREAS, the Contractor and Village, through mutual negotiation, have agreed upon a
rate schedule as set forth in Exhibit "8" (the "Rate Schedule") in connection with the Services;
and
\ryHEREAS, the Village desires to engage the Contractor to perform the Services and
provide the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Contractor and the Village agree as follows:
1. Scope of Servrces.
1.1 The Contractor shall furnish the Services and provide deliverables for
various aspects of the Project for the Village, as requested by the Village
and detailed in a "Statement of Work" which the Village will provide the
Contractor when engaging the Contractor to work on a specific Project.
1.2.Prior to commencement of work on a specific Project, the Contractor will
provide the Village with a fixed lump sum cost for the Services set forth in
the Statement of Work calculated using the rates set forth on the Rate Schedule
attached hereto.
1.3. If the Village approves the fixed lump sum cost for the Project, the Village
will provide the Contractor with a Notice to Proceed to perform the Services
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set fofth in the Statement of V/ork. Contractor acknowledges that it shall not
undertake to perform any Services on any Project until it has received from
the Village the Notice to Proceed on such Project.
t.4 The Contractor shall furnish all reports, documents, information obtained
pursuant to this Agreement, and recommendations during the term of this
Agreement (hereinafter "Deliverables").
1.5. The Contractor shall abide by the terms and requirements of the RFP, as
though fully set forth herein.
2. Term/Commencement Date.
2.1 This Agreement shall become effective upon the Effective Date and shall
remain in effect for twenty-four (24) months thereafter, unless earlier
terminated in accordance with Paragraph 8. Additionally, the Village
Manager may renew this Agreement for two additional one (1) year periods
on the same terms as set forth herein upon written notice to the Contractor.
2.2 Contractor agrees that time is of the essence and Contractor shall complete
the Services within the timeframes set forth in the Statement of Work and
the Notice to Proceed for each Project in the manner provided in this
Agreement, unless extended by the Village Manager.
3. Compensation and Payment.
3.1 Compensation for Services provided by Contractor shall be in accordance
with the approved fixed lump sum set forth in the Statement of V/ork or the
Notice to Proceed for such Project, which shall be based on the Rate
Scheduled attached hereto.
aaJ.J During each Project, Contractor shall deliver an invoice to Village no more
often than once per month detailing Services completed and the amount due
to Contractor under the Statement of Work for such Project. Fees shall be paid
in arrears each month, pursuant to Contractor's invoice, which shall be based
upon the percentage of work completed for each Project. The Village shall
pay the Contractor in accordance with the Florida Prompt Payment Act after
approval and acceptance of the Services by the Village Manager.
4, SubContractors.
The Contractor shall be responsible for all payments to any subcontractors
and shall maintain responsibility for all work related to the Services and/or
any Project.
4.t
Page 2 of 13
4.2 Contractor may only utilize the services of a particular subcontractor with
the prior written approval of the Village Manager, which approval shall be
granted or withheld in the Village Manager's sole and absolute discretion.
5. Village's Responsibilities.
5.1 Village shall make available any maps, plans, existing studies, reports, staff
and representatives, and other data pertinent to the Services and in
possession of the Village, and provide criteria requested by Contractor to
assist Contractor in performing the Services.
5.2 Upon Contractor's request, Village shall reasonably cooperate in arranging
access to public information that may be required for Contractor to perform
the Services.
6. Contractor's Resrronsibilities.
6,7 The Contractor shall exercise the same degree of care, skill and diligence in
the performance of the Services for each Project as is ordinarily provided
by a Contractor under similar circumstances. If at any time during the term
of this Agreement or within two (2) years from the completion of this
Agreement, it is determined that the Contractor's Deliverables or Services
are incorrect, not properly rendered, defective, or fail to conform to Village
requests, the Contractor shall at Contractor's sole expense, immediately
correct its Deliverables or Services.
6.2 The Contractor hereby warrants and represents that at all times during the term
of this Agreement it shall maintain in good standing all required licenses,
certifications and permits required under Federal, State and local laws
applicable to and necessary to perform the Services for Village as an
independent contractor of the Village.
7. Conflict of Interest.
7.r To avoid any conflict of interest or any appearance thereof, Contractor shall
not, for the term of this Agreement, provide any consulting services to any
private sector entities (developers, corporations, real estate investors, etc.),
with any current, or foreseeable, adversarial issues in the Village. For the
purposes of this section "adversarial" shall mean any development
application where staff is recommending denial or denied an application, or
an administrative appeal or court action wherein the Village is a party.
8. Termination.
Page 3 of 13
8.1
8.2
8.3
8.4
9. Insurance.
9.t
The Village Manager, without cause, may terminate this Agreement upon
five (5) calendar days written notice to the Contractor, or immediately with
cause.
Upon receipt of the Village's written notice of termination, Contractor shall
immediately stop work on the project unless directed otherwise by the
Village Manager.
In the event of termination by the Village, the Contractor shall be paid for
all work accepted by the Village Manager up to the date of termination,
provided that the Contractor has first complied with the provisions of
Paragraph 8.4.
The Contractor shall transfer all books, records, repofts, working drafts,
documents, maps, and data pertaining to the Services and the project to the
Village, in a hard copy and electronic format within fourteen (14) days from
the date of the written notice of termination or the date of expiration of this
Agreement.
Contractor shall secure and maintain throughout the duration of this
agreement insurance of such types and in such amounts not less than those
specified below as satisfactory to Village, naming the Village as an
Additional Insured, underwritten by a firm rated A-X or better by A.M. Best
and qualified to do business in the State of Florida. The insurance coverage
shall be primary insurance with respect to the Village, its officials,
employees, agents and volunteers naming the Village as additional insured.
Any insurance maintained by the Village shall be in excess of the
Contractor's insurance and shall not contribute to the Contractor's
insurance. The insurance coverages shall include at a minimum the
amounts set forth in this section and may be increased by the Village as it
deems necessary or prudent.
a. Commercial General Liability coverage with limits of liability
of not less than a $1,000,000 per Occurrence combined single
limit for Bodily Injury and Property Damage. This Liability
Insurance shall also include Completed Operations and Product
Liability coverages and eliminate the exclusion with respect to
property under the care, custody and control of Contractor. The
General Aggregate Liability limit and the Products/Completed
Operations Liability Aggregate limit shall be in the amount of
$2,000,000 each.
b. 'Workers Compensation and Employer's Liability insurance, to
apply for all employees for statutory limits as required by
Page 4 of 13
9.2
applicable State and Federal laws. The policy(ies) must include
Employer's Liability with minimum limits of $1,000,000.00
each accident. No employee, subcontractor or agent of the
Contractor shall be allowed to provide Services pursuant to this
Agreement who is not covered by Worker's Compensation
insurance.
c. Business Automobile Liability with minimum limits of
$1,000,000 per Occurrence, combined single limit for Bodily
Injury and Property Damage. Coverage must be afforded on a
form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements,
as filed by the Insurance Service Office, and must include
Owned, Hired, and Non-Owned Vehicles.
d. Professional Liability Insurance in an amount of not less than
One Million Dollars ($1,000,000.00) per occurrence, single
limit.
Certificate of Insurance. Certificates of Insurance shall be provided to the
Village, reflecting the Village as an Additional Insured (except with respect
to Professional Liability Insurance and V/orker's Compensation Insurance),
no later than ten (10) days after award of this Agreement and prior to the
execution of this Agreement by Village and prior to commencing Services.
Each certificate shall include no less than (30) thirty-day advance written
notice to Village prior to cancellation, termination, or material alteration of
said policies or insurance. The Contractor shall be responsible for assuring
that the insurance certificates required by this Section remain in full force
and effect for the duration of this Agreement, including any extensions or
renewals that may be granted by the Village. The Certificates of Insurance
shall not only name the types of policy(ies) provided, but also shall refer
specifically to this Agreement and shall state that such insurance is as
required by this Agreement. The Village reserves the right to inspect and
return a certifled copy of such policies, upon written request by the Village.
If a policy is due to expire prior to the completion of the Services, renewal
Certificates of Insurance shall be furnished thirty (30) calendar days prior
to the date of their policy expiration. Each policy certificate shall be
endorsed with a provision that not less than thirty (30) calendar days'
written notice shall be provided to the Village before any policy or coverage
is cancelled or restricted. Acceptance of the Certificate(s) is subject to
approval of the Village.
Additional Insured. Except with respect to Professional Liability
Insurance and Worker's Compensation Insurance, the Village is to be
specifically included as an Additional Insured for the liability of the Village
resulting from Services performed by or on behalf of the Contractor in
9.3
Page 5 ofL3
9.4
9.5
performance of this Agreement. The Contractor's insurance, including that
applicable to the Village as an Additional Insured, shall apply on a primary
basis and any other insurance maintained by the Village shall be in excess
of and shall not contribute to the Contractor's insutance. The Contractor's
insurance shall contain a severability of interest provision providing that,
except with respect to the total limits of liability, the insurance shall apply
to each Insured or Additional Insured (for applicable policies) in the same
manner as if separate policies had been issued to each.
Loss Payee. The Village is to be specifically named as a loss payee under
the Contractor's Professional Insurance policy so that the Village will be a
third party beneficiary entitled to receive all money payable under the
relevant policy for any claims, damages, or losses in connection with,
related to, or arising from Contractor's Services or performance pursuant to
this Agreement.
Deductibles. All deductibles or self-insured retentions must be declared
to and be reasonably approved by the Village. The Contractor shall be
responsible for the payment of any deductible or self-insured retentions in
the event of any claim.
The provisions of this section shall survive termination of this Agreement.9.6
10. Nondiscrimination.
10.1 During the term of this Agreement, Contractor shall not discriminate against
any of its employees or applicants for employment because of their race,
color, religion, sex, or national origin, and to abide by all Federal and State
laws regarding nondiscrimination
11. Attorneys Fees and Waiver of Jurv Trial.
1 1.1 In the event of any litigation arising out of this Agreement, the prevailing
party shall be entitled to recover its attorneys' fees and costs, including the
fees and expenses of any paralegals, law clerks and legal assistants, and
including fees and expenses charged for representation at both the trial and
appellate levels.
tt.2 IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY,
IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES
ITS RIGHT TO TRIAL BY JURY.
12. Indemnifïcation
I2.l Contractor shall indemnify and hold harmless the Village, its officers,
agents and employees, from and against any and all demands, claims, losses,
Page 6 of L3
suits, liabilities, causes of action, judgment or damages, arising from
Contractor's negligent acts, errors, or omissions arising out of the
performance or non-performance of any provision of this Agreement,
including, but not limited to, liabilities arising from contracts between the
Contractor and third parties made pursuant to this Agreement. Contractor
shall reimburse the Village for all its expenses including reasonable
attorneys' fees and costs incurred in and about the defense ofany such claim
or investigation and for any judgment or damages arising from Contractor's
negligent performance or non-performance of this Agreement.
12.2 The provisions of this section shall survive termination of this Agreement,
13. Notices/Authorized Representatives.
13.1 Any notices required by this Agreement shall be in writing ancl shall he
deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or
by a private postal service, addressed to the parties (or their successors) at
the following addresses:
For the Village Andrea Agha
Village Manager
Village of Key Biscayne
88 West Mclntyre Street
Key Biscayne, FL 33149
With a copy to Chad Friedman, Esq.
Village Attorney
Weiss Serota Helfman Cole & Bierman, P.L.
2525Ponce de Leon Blvd., Suite 700
Coral Gables, FL 33134
For the Contractor: U.S. Lubricants, LLC (dba Dinos Environmental)
Attn: Jose L. Femandez
3636 NV/ 48th Street
Miami, FL33142
14. Governins Law and Venue.
l4.l This Agreement shall be construed in accordance with and governed by the
laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
15. EntireAgreement/Modification/Amendment.
15.1 This writing contains the entire Agreement of the parties and supersedes
any prior oral or written representations. No representations were made or
Page 7 of 13
relied upon by either party, other than those that are expressly set forth
herein
15.2 No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement, unless executed with the
same formality as this document.
15.3 Contractor represents that is an entity validly existing and in good standing
under the laws of Florida. The execution, delivery and performance of this
Agreement by Contractor have been duly authorized, and this Agreement is
binding on Contractor and enforceable against Contractor in accordance
with its terms. No consent of any other person or entity to such execution,
delivery and performance is required.
16.Ownershin and Access to Records a nd Arrdits-
16.1 Contractor acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled
information, and all similar or related information (whether patentable or
not) which relate to Services to the Village which are conceived, developed
or made by Contractor during the term of this Agreement ("Vy'ork Product")
belong to the Village. Contractor shall promptly disclose such Work
Product to the Village and perform all actions reasonably requested by the
Village (whether during or after the term of this Agreement) to establish
and confirm such ownership (including, without limitation, assignments,
powers of attorney and other instruments).
16.2 Contractor agrees to keep and maintain public records in Contractor's
possession or control in connection with Contractor's performance under
this Agreement. Contractor additionally agrees to comply specifically with
the provisions of Section 119.0701, Florida Statutes. Contractor shall
ensure that public records thaf arc exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as
authorized by law, for the duration of the Agreement, and following
completion of the Agreement until the records are transferred to the Village.
16.3 Upon request from the Village's custodian of public tecords, Contractor
shall provide the Village 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 ll9, Florida Statutes, or as
otherwise provided by law.
16.4 Unless otherwise provided by law, any and all records, including but not
limited to reports, surveys, and other data and documents provided or
created in connection with this Agreement are and shall remain the property
of the Village.
Page 8 of 13
16.5 Upon completion of this Agreement or in the event of termination by either
party, any and all public records relating to the Agreement in the possession
of the Contractor shall be delivered by the Contractor to the Village
Manager, at no cost to the Village, within seven (7) days. All such records
stored electronically by Contractor shall be delivered to the Village in a
format that is compatible with the Village's information technology
systems. Once the public records have been delivered upon completion or
termination of this Agreement, the Contractor shall destroy any and all
duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements.
16.6 Any compensation due to Contractor shall be withheld until all records are
received as provided herein.
16.7 Contractor's failure or refusal to comply with the provisions of this section
shall result in the immediate termination of this Agreement by the Village.
Notice Pursuant to Section 119.0701(21(al, Florida Statutes
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER TI9, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATII{G TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS.
Custodian of Records:
Mailing address:
Telephone number:
Email:
Jennifer Medina
88 West Mclntyre Street
Key Biscayne, FL 33149
30s-365-5506
i medina@keybiscavne.fl .sov
17. Nonassignabilify.
l7.l This Agreement shall not be assignable by Contractor unless such
assignment is first approved by the Village Manager. The Village is relying
upon the apparent qualifications and expertise of the Contractor, and such
f,rrm's familiarity with the Village's area, circumstances and desires.
18. Severabilify.
18.1 If any term or provision of this Agreement shall to any extent be held invalid
or unenforceable, the remainder of this Agreement shall not be affected
Page 9 of L3
thereby, and each remaining term and provision of this Agreement shall be
valid and be enforceable to the fullest extent permitted by law.
19. Independent Contractor.
l9.I The Contractor and its employees, volunteers and agents shall be and
remain an independent contractor and not an agent or employee of the
Village with respect to all of the acts and services performed by and under
the terms of this Agreement. This Agreement shall not in any way be
construed to create a partnership, association or any other kind of joint
undertaking, enterprise or venture between the parties.
20. Compliance with Laws.
20.1 The Contractor shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities in camying out Services
under this Agreement, and in particular shall obtain all required permits
from all jurisdictional agencies to perform the Services under this
Agreement at its own expense.
21. 'Waiver.
2I.1 The failure of either party to this Agreement to object to or to take
affirmative action with respect to any conduct of the other which is in
violation of the terms of this Agreement shall not be construed as a waiver
of the violation or breach, or of any future violation, breach or wrongful
conduct.
22, Survival of Provisions.
22.1 Any terms or conditions of either this Agreement that require acts beyond
the date of the term of the Agreement, shall survive termination of the
Agreement, shall remain in full force and effect unless and until the terms
or conditions are completed and shall be fully enforceable by either party.
23. Prohibition of Contingency Fees.
23.1 The Contractor warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for the
Contractor, to solicit or secure this Agreement, and that it has not paid or
agreed to pay any person(s), company, corporation, individual or firm, other
than a bona fide employee working solely for the Contractor, any fee,
commission, percentage, gift, or any other consideration, contingent upon
or resulting from the award or making of this Agreement.
24. Public Entitv Crimes Affidavit.
Page 10 of13
24.t Contractor shall comply with Section 287.133, Florida Statutes (Public
Entity Crimes Statute), notification of which is hereby incorporated herein
by reference, including execution of any required affrdavit.
25, Counterparts.
25,1 This Agreement may be executed in several counterparts, each of which
shall be deemed an original and such counterparts shall constitute one and
the same instrument.
[Remainder of page intentionally left blank. Signature pages follow.]
Page 11 of13
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date
written below their signatures.
F'OR THE CONTRACTOR:
U.S. LUBRICANTS, LLC (DBA DINOS
ENVIRONMENTAL), a Florida Limited
Liability Company
By:
Name: Jose L. Femandez
Title:
Date Executed:
Page 12 of 13
IN V/ITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date first above written.
FOR THE VILLAGE
VILLAGE OF KEY BISCAYNE, A
Florida municipal corporation
By:
Andrea Agha
Village Manager
Date Executed:
Attest:
By:
Jennifer Medina
Village Clerk, CMC
Approved as to Form and Legal Sufficiency:
By
Weiss Serota Helfman Cole & Bierman, P.L.
Village Attorney
Page 13 of13
EXHIBIT "A'O
SCOPE OF SERVICES
Scope of Services are those contained in Contractor's Proposal dated February 5,2019, attached
hereto and incorporated herein by reference.
RÊP 2019-01-03
StornìwatÊr Cleaning
REqUEST FOR PROPOSALS
No. 2019-01-03
STORM DRAINAGF PIPE, MANHOLE AND CATCH BASIN CLEANING
AND CLOSËD -CTRCU|T (CCTV rNSpËCTtON)
VITLAGË OF KËY BISCAYNE
VITTAGE COUNCIL
MichaelW. Davey, Mayor
Allison McCormíck, Vice Mayor
Luis Lauredo
Êdw¿rd London
Brett Moss
Katie Petros
lgnacio Segurola
VITLAGË AÏTORNIY
Weiss, Serota, Helfman, Cole & Eierman, P.L.
OFFIC€ OF THE VILIAGE CLERK
Jennifer Medina, CMC
ADMINISTRATION
Andrea Agha, Village Manager
RFP 2019-01-03
Stormwater Cleaning
9.
10.
c.
d.
municipal clients).forwhom the þroposer has oompleted worK'similar in scope and volume as the
work rèferenced herein. References must be projects completed or in progress within the.last five
(5) years. For all references submiüed, Bidders shall sqbmit at a minimum the following
infoimation:'1)'Firm Name,2) Contact lndividual Name &Title,3) Address,4) Telephone,5)
Contact's Emailand 6) Narrative on Scope of Services Provided.
By submitting a bid, the bidder authorizes the Village (Manager or designated gtaff) t9 contact the
firm's stated-references for the purposes of evaluation for this Project. Any lnformation obtalned
from the references will not be disclosed to the Bidder.
(
e.
Bidder must have the capabilig to provide a performance and pa¡ment bond for the þroject. The
Village reserves the right to reguire performance and payment bonds from the suocessful bidder.
Biddérs shall submit a Letter of lntent from an A-rated Flnancial Glass V Surety Company to
bönd the project.
Financial Stab¡lity and Strength: The Bidder must be abte to demon'strate a good record of
performance and have sufficient financial resources to ensure that they can satisfactorily provide
the goods and/or services required herein.
ln determining a Bidde/s.responsibility and ability to perform the Conüaot, the Mllage has the
right to investigate and request information concerning the financial condltlon, experience record,
personnel; equipment, facilities, principal business looation and organization of the Bidder, the
Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. The
Village reserves the right to consider third-party information (e.9., Dun & Bradstreet's Supplier
Reports or similar) in determination of capacity.
Bidders m'ay be required to sùbmit financiat statements for each of thelr last two comptete fiscal
years within ten (10) calendar days, upon writtêh request. Such statements should incluCe, at a
mln¡mum, balance sheets (statements of financial position) and statements of profít and loss
(statement of net income). DO NOT include Financial Statements with your proposal,
The Village reserves the right to conslder third-party inforination (e.g., Dun & Bradstreet's Supplier
Reports or similar) in determination'of capacity.
wARRAlrw
¡rleither the final payment nor àny proúision of the Contract Documents, nor the use of the equipment or
materials by the Mllage shall constitute an acceptance of items found not to comply with requirements of
the Contract Documents. The Contraotor shall furnish suitable waranty and guarantee equal to that
generally furnished to purchaser of the equipment or materials described herein. Please refer to the
Óupplementary Conditións (Section OOE00) foradditionalexpress waranties by Contractor.
INSURANCE
Contractor shall secure and maintaln throughout the duration of this RFP. and agreement, if selected,
insurance of such types and in such amounts not less than those specified below as satisfactory to Mllage,
naming the Village as an additional insured, underwrltten by a firm rated A-X or better by A.M. Best and
qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with
respeot to the Village,. its officials, employees, agents and volunteers naming the Village as additional
insured. Any insurance maintained by the Village shall be in excess of the Contracto¡'s insurance and shall
not contribute to the Gontractor's insurance. The insurance boverages shall include at a minimum the
amounts set forth in this section and may be increased by the Village as it deems necessary or prudent.
Copies of Contracto/s actual insurance pollcies as required herein and certificates of iñsurance shall be
RFP 2019-01-03
. Stormwater Cleaning
lnsured or Additional lnsured (for applicable policies) in the same manner as if separate policies
had been issued to each.
e) Deductibles. All deductibles or self-lnsured retentioris must be declared to and be reasonably
approved by the Viltage. The Bidder shall be fully responsibte for the payment;of any deductible or
self-insured retentions in the event of any claim.
f) The provisions of this section shallsurvive termination of this Agreement.
11. ELTqTBLE PROPOSERS
The Mllage reserves the right, before awarding a Contract, to r.equire a Proposer to submit evidence of
his/her qualifications, es mey be deemed necàssary, and conslder any evidence ava¡table to it of the
finanôial, technical, and other qualifications and abilities of the Proposer. The Contract will be awarded
only to a Proposer fully qualified to undertake the proposed work. All rnaterial or services must meet all
applicable Federal, State and Localspecifications and permit requirements.
12. SAFETY PRECAUTIONS
The bidder shall maintain suitable and sufficient guards and baniers and, at night, suitable and sufficlent
'safety standards required by Municipal, County, State and Federalordinances an! laws.
13.P.RE.BID INSPECTION
The bidder, before submitting a Proposal, is required to visit and examine the s¡te of the work and satisfy
itself about the character of the work, any possible difficulties, and all conditions and circumstances which" do and may'affect^the work.
14,o.,Contracto¡,sQuestionnaire.,,Thisìormmustbecompletedand
submitted as an integral part of thE bid package
15. PA,I4AGE Tq.PUBl.'lC OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing
facilities, slte amenities, irigation systems, vehlcles, etc. on or around.the job site. Dãmage to pub[ó
and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced
at no additional oost to the Clty. Contract Coordinator shall be notified in writing within 2 hours of any
incident involving damage to public or private property by Contractor, sub-contractors or other agents of
the Gonlractor.
16.EQUAL.EMPLOYMENTOPPORTUNITY: The Mllage,.ln accordancewiththe provisions of TitleVlof The
Civil RiÖtrts Acl of 1964 (78 Stat. 25?) and the Reþulations of the Department of Commerce (15 CFR,
Part 8) issued pursuant to stjch Act, hereby notlfies all'firms it will affirmatively ensure minority business
enterprises will be afforded full opportunity to submit proposals in rèsponse to this advertisement and wlll
not be discriminated against on the grounds of race, cotor o¡: national origin in consideration for an award.
All firms are hereby notified that the successful firms must and, shall comply with the Givil Rights Act of
1964, the Age Discrimination in Emplóyment Act,. the Rehabiiitation nct ðt 1g73, the Amerlcans with
Disabilities Act and the Florida Civll Rights Act, all as amended, Specifically, firms agree that No person
shall, on the grounds of race, color, sex, religion, age, disability, national origin or marital status, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under
any program, activity or service funded through this Contract. Specifically:
. Contractor will not discrimínate aga¡nst any'employee or applicant'for ernptoyment because of race,
color, religlon, sex, age, disabili$, national origin or marltal status. Contractor agrees to post in a
RFP 2019-01-03
Stormwater Cleaning
GENERAL REAUIREilIENTS AND SCOPE OFWORK
1. OBJECTIVE
ln accordance w¡th the attaohed spec¡fications, the Mllage of Key Biscayne {'Village") seeks to establish a
contract for storm drainage pipe, manhole, and catch basin cleaning and closed-circuit television (CCTV)
inspection with digitalvideoing services. Serviòes include allequipment, manpower, supervision, tools,
vehicles, materials, cteaning, and maintenanceóf traffic, inspection and digital video for 12" through 48" gravity
storm.drainage pipes located throughout the.Vlllage. lnspections shall identify the location and extent of storm
drainage pipe defects and shall provide a means to determine rehabilitation needs.
2. DESCRIPTION
Work is'inclusive of all equipment, manpower, supervision, tools, vehicleS, materials, cleaning, and
maintenance of traffic, incidentals, inspection and digital video for 1? through 48" graVity åtorm drainage pipes,
manholes, and catch basins along with'inspection reports, logs. lnspection reports and logs shall identify the
observations encountered during inspèction and the location and extent of storm drainage pipe defects and
shall provide a means forthe Village to determine rehabilltatlon needs.
It is the intent of thls Specification to provlde for the oleaning of storm drainage pipelines and subsequent
inspection ütitizing closed-circuit television techniques to identiû the location and extent of pipeline defects, to
determine rehabilitation needs and to document pre-rehabilitation pipeline condition.
This is a unit price term contract and work assþnments will be issued to the successfut Contractor on an
ongoing basis. The Village does not guaranteè any maximum or minirnurn quantlty, any range of quantities, or
the exact quantitles shown for each item ln thls bid. The estimated quantities are to be used to establish unit
pdces based on the volume of work that is antlcipated. iJnlt prices bld wlll be used to determine contract
awarded. A mep provided with this bid to show representative'pipe and structure locations.
3. REQUIREMENTS3.1 Contractor must demonstrate their capacity to handle the work load of this contrac't foi cleaning and
inspection of approximately 90,000 linearfeet annually and be in good standing.with State and local
govemment agencies with a proven record of satisfactorily performing work.3.2 Video inspections and eamera oþerations shall be in accordance with the National Assooiation of
Dralnage Gompanles (NASSOO) Pipeline Assessment and Certification Frogram¡and sofrÌvare
(PACP). AllContrac'tors'personnelshall be certified in this program and be traiiied in locating. breaks, obstacles and service connections by CCTV.3.3 The work superintendent and all persorinel lnvolved in traffic control must be MOT cerüfled.3.4 Pipe cleaning, CGTV inspections and video recordings shall follow specifications set forth in:3.5 Contracto¡ shall have a representatlve on site at all times.3.6 The Contractor shall conduct his operations in strict accordance with all applicable Federal,,State,
and local safety codes and statutes and shall be fully responsible and obligated to maintaln
procedures for safety of the public as well as personnel and eguipment involved in the project.3.7 All work shall be in accordance with the latest OSHA confined space entry regulations and all other
appllcable safety codes or stanöards, No addltional compensation will be allowed for OSHA or other
safety codê req ulrer.nents.
ì
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Stormwater Cleaning
6.3 " Cost Estimate & Schedule: The Contractor shall have five (5) catendar days to respond to new work
assignments by conesponding and meeting to inspect the job site. Five (5) calendar days later the
cost pioposal is due and shall accompany MOT'and e schedule that will be adhered to in
completing the work. The cost estimate shalldetailthe quantities and allcontract line item unit
. prices with extended totals and any unspecified work shall be thoroughly described.6.4 Upon Village acceptance of Contracto/s cost estimate, a Purchase Order (PO) w¡|l be issued as
, âuthorization to begin work. Work shall commence within fourteen (14) calendar days after receiptofthePO. . ' ,6.5 . Execution of cleaning and televising wqrk shall adhere to the schedule provided with the cost
estimate. Delivery of video recordings on DVDs or flash drives, shall be acoompanied with video
field inspection sheets/logs and shall be provided within seven (7) calendar days after compleling
the televising event.6.6 Acceptance. Village acceptance of work will occur upon satisfactory completion of each work
assignment and receipt of the DVDlflash drive wlth an acceptable video recordlng ánd video field
¡nspection reports/logs and completion of any punch list items.6.7 lnvoicing: All invoicing will be by drainage segment. ln order for the Village to properly and
accurately track costs of the contract, the Contractor shall submit the final invoice on each
.assignment within 30 days afrer completion
7. HOURS OFWORK
,
Contractor will.be allowed to work between the hours of Monday through Friday, 8:00 a.m. to 5:00 p.m.,
excluding Village holidays.
Work will not be permitted on Saiurdays, Sundays and recognized holldays untess advance permission to work
has been requested in writing by the Contractor and approved by the Village Rèpresentative. Request for
permission to wqrk weekends or holidays must be received by the Village Representatlve at least three (3)
working days prior to the requested weekend day or holiday.
8. VILI-AGE REPRESENTATIVE
Upon award of contract, atlwork witl be coordinated with the following Mllage Representative ortheir designee:
Jake Ozyman, PE :
Director of Publio Works
(305) 365-75ôS7 '
Email: jozyman@keybiscayne,fl.gov
9. CLEANING
9,1
9.2
Contractor shall thoroughly clean storm dralnage pipes, manhotes, and catòh basins to produce'a
cleãn interior surface free of all coatings, sand, rock, roots, sludge, and similar materials ready for
televising to determine extent of any restoration réquired.
During cleaning operations, the Contractorwill take all'necessary precautions to protect the public,
all property and the pipe from damage. All materials removed fròm the drainages shall be the
Contractor's responsibility for prompt disposal in accordanoe with all regulatory agency
requirements.
Cleanlng shall include any bucket machines or other speciat equipment'that may þe required to
perform the work.
9.3
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Stormwater Cleaning
10.8
10.9
10.10
10.11
10.12
10.13
14.14
10.15
being made. lf under the reverse set-up the camera again 'fails to pass through the entire storm
drainage pipe section, the inspection shall be considered complete.
Sags or Dips: The Contractor shall provide televised inspection in segrnent areas of sags or dips.
The Village will not provide dewatering in these areas and the Contractor shall continue their
inspection through the sag or dip area to the extent practicable to obtain as much CCTV inspection
as possible. The Contractor shall be paid for the inspection of the sag or dip areas at the same cost
per linear foot established in the contract.
Re-inspection: At any time after reviewing the submitted pipe inspection reports, the Village may
direct additional inspections of questionable arees of cleaning or video recording. lf no defec{s are
observed during the re{nspection, the Village will pay for the cost of the re-inspections at the
contract unit price. lf defects are observed, the re- inspection and all work performed to correct the
defects will be done at no cost to the Village. Acceptance of all re-inspections will be based on
video documentation of the completed work.
Plug or Bypass: lt is not anticipated that the Contractor will be required to ptug or provide bypass
pumping for any pipe segments for inspection. lf upon opening a manhole it is determined that a
segment warrants plugging or bypass pumping, then that segment shall be skipped,.and the
Contractor shall be directed to move to the next scheduled segment that does not require plugging
or bypass pumping.
ln the event'f hat the Mllage requests plug or bypass work, then that work will be negotiated pei the
Unspecified Work paragraph of this contract.
Alljoints, cracks, gaps and connections will require a complete 360" pan and tilt inspection.
Work shall include conìplete documentation of internal or protruding taps.
The Contractor may inspect multiple drainage segments via access through one manhole; however,
the Contractor shall zero the camera's distance rnetering device at each subsequent storm
drainage manhole to establish a uniform starting looalion of statlon 0+00 in the middle of each
manhole, for each line section televised,
The DVD/flash drive shall contain completed work along with data, view and accurate footage
displayed'as follows:¡ Date of inspection.o Street name and address.. PiPe segment lD and upstream/downstream manhole lDs. (fhe DVD/flash drive rnay
contain multiple segments, but a segment may not be split between media).. Pipe síze and construction material.. Location (start and end tape counter distances in feet from beginning manhole's
centerline) and description (including length and width measurements as applicable to
type of defecQ of obstructions, structural defects, missing pieces of pipe, longitudinal
and/or circumferential cracking, joint deterioration inc(uding open and/or offset joints,
roundness, leakage or evidence thereol corrosion, erôsion, break-in connections,
prolruding connections, mineral deposits, roots, previous repairs, grease/fats/oil deposits
on pipe walls, sags, and other abnormalities with respect to the storm drain condition.. Distance between manholes or pipe end to pipe end.. Direction of inspection.¡ Actual recorded separation measurement of all pipe joints.o Manhole material(brick, lined, etc.),o Service connection locations, right or teft, with camera head rotaied at each service' locatíon to view into lateral.. The Village shall be notified if pipe joint offsets exist when greater than 20% of the
interior diameter of the pipe.
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Stormwater Cleaning
oategory range sizes (under 201' and greater than 20"). This pay item shall inolude all associated
items that are required forthe Contractorto perform the CCTV inspection work, includiñg MOT.
There wilt be no adlitíor¡al fees for downtime. including inclement weather. 't
14.4 Emeróengv M.oÞilization: Measurement shall be based on a one-time emergency mobilizatlon cost
per occunence covering preparatory work and operations to mobilize to the site, including
movement of personnel, equipment, supplies and incidentals within 24 hours. Payment will be
mede at the contract unit pr¡ce bid per each indlcated in the Bid Form.
14.5 Unspecifled Work MeasureJnent will be paid by a portion of the unspecified work allowance
established in this contract on a case;by- oase basis. The cost shall be determined by negotiation
with costs fully documented.and authorized by the Village. Payment will be made at the negotiated
andauthorized lump sum cost per each.
RFP 2019-01-03
Storrnwat€r Cleaning
Appendix B
PROPOSËR'S QUËSTIONNAIRE
Submitted to: the eof Eiscayne, Florida J"i E¡¡./\tor,^ùTÀBy (Bidder Name)fr þJT LLC
Principal Office (Address)Àç3{, t.J. \tl¡4c,4{^ TEÈ. Ftio*ì,FL a3t4L
1. How many years has your organízation been in business as a Çontractor under your present business
name? ^ . {q ïstrs
2. What current occupational licenses does your organization have authorizing it to do the work
contemplated in this Contract?..,f
\eç
too F-Å**r* br-rr{\3
4. Federal l.D. No:
State of Florida Occupational License (State type and number)
foo-Jt1 , sïsî,. crF Fìo¿ìå*
5. Þade County Certificate of Competency (Slate type and number):
Please include copies of above licenses and certifications with proposal
6. How many years of experìence in similar work has your organization had?
a) As a General Contractor
b) As a $ub-Contractor
c) What contracts has your organization completed? State below and followíng page:
-[ht- V î \\È\k- ôF k*t
girc Þ.{r.l?
Xloraoo.oo lr r%
bfb ,-Je>T ¡{¿tr}\.e s1
k---l S irca.lr
'
Ft 33 t .
uÀìon¡r Jrurì5ç
H ¿xL#\. S I çlo,^ 1 Q?, ooo, ot)ol lb
f 3 ot¡ r¡ t î-Èå n.t1
rÀì **t \ f{ À
Q-ofo - [L otfo(
6u{rl rcg Lo.1"1, tdtp .ù)
,J.J. t"+t- n l{t $f o
er a trt þ t t¿
Contract Name (or Title)Contract
Amount
Class of
Work
Date
Completed Name and Address of Owner
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Stormwater Cleaning
8. Are you a Gertified SmallBusiness Enterprise (SBE)Contractorwith Miami-Dade County, (lntemal
Services Department (lS ú))?
L Haveyou failed to complete any work awarded to you?
10. lf éo, where and why?
1 1. Has any
name?
officer or partner of your organization ever failed to comptete a contract handled in his own
FJ
12. lf so, state namé of individual, name of owner, and reason thereof:
13. ln what olher lir¡es of businessLÞtsc
yog financially interested or engaged?
r.l -Iqr?( s
14. Give references as to experience, ability and financial standing.
BID FORM
Stom &ainage Cleanìng and Chsed Ckcr¡it Television (CCTV) lnspedion Services
lotal Base Bid of iutrJ t u
(ln lit/ords)
Er
(ln Words)
r*ÛJ {T"toì1fo.
iq\
r \o\\ e'rr
$
(ln
Afiemste 8id
h \oo\
f
û¡)
r6)
(4.
L
ùo-Jl "\ufs àù\ I Ceùts
$
(ln
o
o
oo
Efended Amount
o
o
D
ô
0
o
o0
Unlt Pdce
D
D\
0Ò
l2-lllonth
3,2U
19,877
206
13,340
7,914
6,172
267
584
2,U3
418
317
335
4
Unlt
Feet
Feet
Linear Feet
Feet
Feet
Feet
Feet
Feet
Feet
Feet
Item
-17
Cleaning - 1Í
-2V
-24'
- 36'
- 38'
-42'
- 48'
less han ÈþetCatch Basin
ftan 6-fuetCatch Basin
ilóiluation
BASE
No.
1
2
3
4
5
6
7
I
I
10
11
12
13
14
Ertended Amount
o
Unlt P¡ice
a
f2-tlonth
58,608
30,ô20
Unll
Feet
Feet
Item
sÞe less lhan 2f -inch
than 21-indrsrzelnspedion-
ALTERI,¡ATE
l{o,
15
1ô
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Stormwater Cleaning
I understand that an "affiliate'as def¡ned in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entþ crime; or
2. An entity under the control of any natural person who iJ adive in the management of the
enti$ and who has been convicted of a publ¡c ent¡ty cr¡me, The term 'affiliate" includes those
ofücers, directors, executives, partners, shareholders, employees, members, and agents whci
.are ac-tive in the management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling of equipment or income among
persons when not for fair market value under an arm's length agreement, shall be a prima facie
case that one person controls another percon. A person who knowingly enters into a joint' venture with a perèon who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate. ' )
t understand that a npersonu as defined in Paragraph 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 applles to bid on contracts for the provision
of goods or services let by a public entity, or which othenrise transacts or applÍes to transact business
with a public entity. The term "persono includes those offlcers, directorö, executives, and partners,
shareholders, employees; members, and agents who are active in management of an entity.
Based on information and bä¡ef, the statement, which t have marked below, ls true in relations to the
entity submitting this sworn statement;
(INDTGATE WHTCH STATETUTENT AppLtES.)
n Neither the entity submittiryg this swom statement, nor any of its officers, directors,
executives, ,partners, shareholders, employees, mernbers, or agents who are aotive in the
management of the entity, nor any. {tiat9_ot the entity has been charged u;ith ad convicted of a
public entity crime subsequent to July 1, 1989.
D The qntity submitting this sworn statement, or one oi more of its officers, direclors,
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 anci convicted of a
public entity crime subsequent to July 1, 1989.
E The entity submitting this sworn statement, or one or more of its officers, directors,' executives, partners, shareholders, employees, members, oi agents who are ac'tive in the
management of the enti$, 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 determined that it was not in the public interest to place the
entity submitting this swoúir statement on the convicted vendor list þttach a copy of the final
ôrder).
I understand thafthe submission of thls form to the contracting officer for the public entity ídentified
in paragraph I above is for that public entily only and that this form is valid through December 3l of
RFP 2019-01-03
Stormwater Cleaning
Personally known
OR
2. The Proposal/Bid is genuine and ¡s not a collusive or sham Proposal/Bid; and
3. Neither the Proposer/Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived,
or agreed, direc{ly or indirectly with any olher Proposer/Bidder, firm, or person to submit a
collusive or sham Proposal/Bid, or has in any manner, direc'tly or indirectly, sought by agreement
or collusion or communication or conference with any other Proposer/Bidder, firm, or person to
fix the price or prices in the attached Proposal/Bid or of any other Proposer/Bidder, or to fix any
overhead, profit, or cosl element of the Proposal/Bid price or the Proposal/Bid price of any other
Proposer/Bidder, or to secure through any collusion, conspiracy, connivance or unlawful
agreement any advantage against Village of Key Biscayne or any person interested in the
proposed Contract.
lnitials
Sworn to and subscribed before me this /'tf-d^v {¿pnr*pi -, zo-lj-.
Produced identification
6
of identifîcation
/:t. ù¡)/¿P. LI L Notary Public - State of
My commission expires:
Å¿tz .3 Ftltt¿
tj¿t/) /n lL
y'..t,t¿:>
Ðb,jç,,r- j
Printed,typed or stamped commissioned name of notary public
LUZ S, TALKOWSKI
Nolary Public . Stat€ ol Ftorida
Comm¡$sion # FF 9BS2i l
My Comm. Expires Aug 14,?gZ0
Bondrd lhrough National Nolary Assn.
RFP 2019-01.03
Stormwater Cleaning
a more econom¡cal.purchase. Where appropr¡ate, an analysis will be made of lease versus purchase alternat¡ves, and any
other appropriate analysls to determ¡ne the most economical approach.
(e)To foster greater economy and efficiency, and ln accordance wíth efforts td promote cost-effect¡ve use of shared
services across the Federal GovernmenÇ the non-Federal entity is encouraged to enter ¡nto state and local
intergovernmental agreements or inter-ent¡ty agreements where appropriate for procurement or use of common or
shared goods and services.
(0 The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing new
equipment and property whenever such use is feasible and reduces project costs.
(g)The non-Federal entity is encouraged to use value engineering clauses in contracts for construction projects of
sufficient size to offer reasonable opportunitles for costrcductions. Value engineering is a systematic and creatlve analysis
of each contract ltem or task to ensure that ¡ts essential function is provlded at the overall lower cost.
(h)The non-Federal ent¡ty must award contracts only to responsible contractors possessing the ability to pérform
successfully under the terms and conditlons of a proppsed procurement. Consideration wlll be given to such matters as
contractor integrity, cornpliance with public policy, record of past performance, and financial and technical resources. See
also 9200.213 Suspension and debarment.
(i) The non-Federal entity must malntaln records sufficient to detail the history of procurement. These records will
include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract
type, conÙactor selection or rejection, and the basis for the contract price.
fi}(1) The non-Federal ent¡ty may use a time and materials type contract only after a determinatlon that no other
contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and
mater¡als type contract means a contract whose cost to a non-Federalentity is the sum of:
(i) The actual cost of materials; and
(ii) Direct labor hours charged at flxed hourly rates that reflect wages, general and adminlstrative expenses, and. profit.
- (2) Since this formula generates an open-ended contract price, a time-and-materials coirtract prov¡des no pos¡t¡ve
prof¡t ¡ncentive to the contractor for cost control or labor efficiency. Therefore, each contract rnust set a ceiling prlce that
the contractor exceeds at its own Íisk. Further, the non-Federal entity awarding such a contract must assert a high degree
of oversight in order to obta¡n reasonable assurance that the contractor is uslng efficient methods and effective cost
controls.
(k) The non-Federal entlty alone must be responslble, in accordance with good admin¡strative practice and sound
business judgment, for the settlemEnt of all contractual and administrative issues ar¡s¡ng out of procurements. These
issues include, but are not limlted to, source evaluation, protests, dlsputes, and claims. These standards do not relieve the
non-Federal ent¡ty of'âny contractual responslbilitles under its contracts. The Federal awardlng agency will not substttute
its judgment for that of the non-Federal entity unless the matter ls prlmarily a Feder¿l concern. Violations of law will be
referred to the local, state, or Federal authorlty having proper jurisdiction.
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Stormwater Cleaning
(d)The non-Federal entity must ensure that all prequal¡f¡ed lists of persons, firms, or products which are used in
acquiring goods and serulces are current and include enough qualified sources to ensure maximum open and free
compet¡t¡on. Also, the non-Federal ent¡ty must not preclude potential bidders from qualifuing during the solicitation
period. \
2 ç.F.R. 5200.320 - Methods of procurement to be followed
The non-Federal entity must use one of the following methods of procurement.
(a)Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of supplies oq services, the
aggregate dollar amount of whlch does not exceed the micro-purchase threshold (5200.67 Micro-purchase), To the extent
pract¡cable, the non-Federal entity must distr¡bute micro-purchases equltably among quallfied suppliers. Micro-purchases
may be awarded without sollciting competitive quotations if the non-Federal entity cons¡ders the price to be reasonable.
(b)Procurement by small purchase procedures. Small purchase procedures ere those relatlvely simple and informal
procurement rnethods for securing services, supplies, or other property that do not cost more than the Simplified
Acquisition Threshold. lf small purchase procedures are used, price or rate quotat¡ons must be obtained from an adequate
number of qualified sources.
(c)Procurement by sealed bids (formal advertisíng). Bids are publicly solicited and a firm fixed price contract (lump
sum or unit príce) is awarded to the responsible bidder whose bid, conforming with allthe mater¡al terms and conditions
of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction,
if the conditions in paragraph (c)(1) of this section apply.
(1) ln order for sealed bidding to be feasible, the following conditions should be present:
(i) A complete, adequate, and realistic specification or purchase description is available;
(ii) Two or more responslble bidders are willing and able to compete effectively for the business; and
(iii) The procurement lends itself to a flrm fixed price contract and the selection of the successful bidder can be made
principally on the basls of price.
(2) lf sealed bids are used, the following reguirements apply:
(i) Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time
prior to the date set for opening the bids, for local, and trlbal governments, the inv¡tatlon for bids must be
publ ically advertised;
(ii) The invitation for bids, which will include any specifications and pert¡nent attachments, must define the items
or services in order for the bidder to properly respond;
(ii0 Al¡ bids will be opened at the t¡mè and place prescribed in the lnvitatlon for bids, and for local and tribal
governments, the bids must be opened publicly;
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5tormwater Cleaning
2 C.F.R. 5200.321 - Contacting with.smoll ond minorìty businesset woments busíness enterprises, ønd labor surplus oreo
firms
(a) The non-Federal entity must take all necessary affirmative steps to assure that minor¡ty businesses,
women's business enterprises, and labor surplus area firms are used when possible.
(b) Affirmative steps must include:
(1) Placlng quallfied small and minor:ity businesses and women's business enterprises on
solicítation lists;
(21 Assuring that small and minority businesses, and women's business enterpr¡ses are sôlicited
whenpver they are potent¡al sources;
(3) D¡v¡d¡ng totai'requirementt when economlcally feasible, into smatlertasks or quant¡ties to perm¡t
maximum participation by small and minority buslnesses, and women's buslness enterprises;
(4) Establ¡sh¡ng delivery schedules, where the requirement perm¡ts, which encoùrage part¡cipatlon
by small and minority buslnesses, and women's buslness enterprlses;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed
in paragraphs (llthrough (5) of this section.
2 C.F.R. 5200.322 - Procurement of recovered materials
A non'Federal entity that ¡s a state agency or agency of a political subdivislon of a state and its contractorq must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservat¡on and Recovery Act.
The requirernents of Section 6002 include procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered mater¡als practiiable, conststent w¡th
maintaining a satisfactory level of compet¡t¡on, where the purchase price of the item exceeds S1O,O00 or the value of the
quantlty acquired during the preceding fiscal year exceeded $10000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EpA guidelines.
2 C.F.R. 9200.323 - Contract cost and price.
(a)The non-Federal ent¡ty must perform a cost or price analysis in connection with every, procurement act¡on ¡n
excess of the s¡mplified Acquisition Threshold lncludlng contract modlflcations. The method and degree of anatysis is
dependent on the facts sunounding thè part¡cular procurement situation, but as a starflng poinÇ the non-Federal entity
must make independent estimates before receiving bids or proposals.
(b)The non-Federal entity must negotiate profit as a separate element of the price for each contract in which there
is no price compet¡t¡on and in all cases where cost analys¡s is performed. To establish a fair and reasonable profit,
conslderation must be given to the complexity of the work to be performed, the.risk borne by the contractor, the
contractor's lnvestment, the amount of subcontracting, the quality of its record of past performance, and lndustry profit
rates ln the surroundlng geographical area for similar work.
RFP 2019-01-03
Stormwater Cleaning
agency may rely on wr¡tten assurances from the non-Federal ent¡ty that it is complying with these standards. The
non-Federal entity rnust cite specific policies, procedures, regulations, or standards as be¡ng in compliance with
these requirements and have its system available for review.
I
2 C.F.R. 9200.325 - Bonding requ¡rements
For construction or facility lmprovernent contracts or subcontracts exceedlng the Slmplified Acquisition Threshold,
the Federal awarding alency or pass-through entity may accept the bond¡ng policy and requlrements of the non-Eederal
entity provided that the Federal awarding'agency or pass-through entity has made a determínation that the Federal
interest is adequately protected. lf such a determination has not been made, the minimum requirements must be as
follows:
(a)A b¡d guarantee from each bidder equivalent to five pércent of the bid price. The "bid guarantee" must consist of
a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance
that the bídder will, upon acçeptance of the bld, execute such contractual documents âs may be required wlthin the tlme
specified.
(b)A performance bond on the part ofthe contractor for 100 percent ofthe contract pr¡ce. A
"performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obllgations
under such contract.
(c)A payment bond on the part of the contractor for 1.00 percent of the contract prlce. A "payment bond" is one
executed in connection w¡th a contract to assure payment as requlred by law of all persons supplying labor and material
in the execution of the work provided for in the contract. ' .
9200.326 Contract provlslons.
The non-Federal entity's contracts must contain the applicable provisions described in Appendix ll to Part 200-
Contract Provisions for non-Federal Entity Conffacts Under FederalAwards. i
2 C.F.R. 5 200.326 and 2 C.F.R. Part 200, Appendix ll, Required Contract Clauses
Requirements under the Uniform Rules. A non-Federal ent¡Vs contracts must contain the applicable contract clauses
described in Appendix llto the Uniform Rules (Contract Provisions for non-Federal Entity Contracts Under Federat
Awards), which are set forth below. 2 C.F.R. S
200.326. For some of the requlred clauses we have lncluded sample language or a reference a non-Federal entlty can go
to in order to find sample language, Please be aware that this is sample language only and that the non.Federal entity
alone is responsible ensuring that all language included in their contracts meets the requirements of 2 C.F,R. $ 200.326
and 2 C.F.R. Part 200, Appendix ll. We do not lnclude sample language for certain required clauses (remedies,
termination for cause and convenlencg changes) as these must necessarily be written based on the non-Federal entiÇ's
own procedures in that area.
1. Remedies.
a. Standard: Contracts for more than the simplified acquisition threshold (S150,0001 must address admlnlstrative,
contractual, or legal remedies in instances where conffactors violate or breach contract terms, and provide for such
sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix ll, 1A.
RFP 2019.01-03
Stormwater Cleaning
(3) The contractor will.send to each labor union or representative of workers w¡th which he has a collective bargaining
agreement or other contract or understanding, a notice tg 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.
(a) The contractor will comply with all provisions of Executive Order 11246 of September 24,1965, and of the rules,
regulations, and relevant orders ofthe Secretary of Labor.
(5) The contractor will furnish all lnformation and reports required by Executive Order 11246 of September 24, t965,
and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,
recordq and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain
äiÍTi;::iïTÏï:'.:RJ:.t#:i:i?#l'l#:Jiith the nondiscrimination crauses orthis contraa orw¡tn any orrhe
said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or ¡n part and the
contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in
accordance wlth procedures authorized ln Executive Order 11246 of September 24, L965, and such other sanct¡ons as
may be imposed and remedies invoked as provided in Executive Order t!246 of Septembe¡ 24, L965, 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 sect¡on 204 of Executive Order X.1246 ofSeptember 24, L965, so that such
provisions wíll be binding upon each subcontractor'orvendor. The contractor will take such action w¡th respect to any
subcontract or purchase order as the administering agency may dÍrect as a eans of enforclng 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 ¡nto such litigation to protec't the interests of the United States."
4. Davis Bacon Act and Copeland Anti-Kickback Act.
a. Applicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Hometand Security Grant
Program, Port Security Grant Program, and Transit Security Grant Program. lt does not apply to other FEMA grant and
cooperative agreement programs, incluðlng the Publlc Assístance Program.
b. All prime construction contracts in excess of $2,000 awarded by non-Federal entitles must include a provision for
compliance with the Davis-Bacon Act (40 U.S.C. 5$ 3t4t-3t44 and 31.46-31481 as supplemented by Department of Labor
regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction)). See 2 C.F.R. Part 20Q Appendix ll, ll D.
c. ln accordance with the statute, contractors must be requlred to pay wages to laborers and mechanics at a rate not
less than the prevailing wages specified in a wage determlnation made by the Secretary of Labor. ln€ddit¡on,
contractors must be required to pay wages not less than once a week. ,)
d. The non-Federal entíty must place a copy of the current prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of
the wage determinatîon, The non-Federal ent¡ty must report all suspected or reported violations to the Federal
awarding agency.
e. ln contracts subject to the Davis-Bacon Act, the contracts must also include a provlsion for conipliance with the
Copeland "AntþKickback" Act (40 U.S.C. 5 3145), as supplemented by Department of labor regulations at 29 C.F.R. Part 3
(Conffactors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from
the Un¡ted States). The Copeland Anti- Kickback Act provides that each iontractor or subrecipient must be prohibited
RFP 2019-01-03
Stormwater CleaninÉ
(2) Violation; liabillty for unpaid wages; llquidated damages. In the event of any violation of the clausþ set forth in
paragraph (1) ofthis section the contractor and any subcontíactor responsible thereforshall be liable for the unpaid
wages. ln addition, such contractor and subcontractor shall be liable to the United Statçs {in the case'of work done
under contract for the District of Columbia or a territory to such D¡strict oito such terriìory), for liquldated darnages.
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 510 for each
calendar day oh which such individual was required or permitted to work ln excess of the standard workweek of forty
hours without payment of the overtime wages reqüired by the clause set forth in paragraph (1) of this section.
(3) Wlthholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or
grant recipientl shall upon its own act¡oh or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from,any moneys payable on acqpunt of work performed by the contractor or
subcontractor under any such contract or any other Fede¡al contract with the same prime contractor, or any other
federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, wh¡èh is held by the same
prlme contractor, such surns as may be determined to be necessary to satisry any liablllties of such contractor.or
subcontractor for unpaid wages and liquidated damages as provlded in the clause set forth in paragraph (2) of this
section.
(4) Subcontracts. The contractor or subcontractor shall ¡nsert ¡n any subcontracts the clauses set forth in paragraph (1)
through (a) of thls sect¡on and also a clause requiring the subcontractors to,inctude these clauses in any lower tier
subcontracts. The prime contractor shall be responSible for compllance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1) through (4) of this-section.',
6. Rlghts to f nventions Made Under a Contract or Agreement.
a. Stafford Act Disaster Grants. This iequirement does not apply to the public Asslstance, Hazard Mitigation Grant
Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster
Case Management Grant Program, and FederaiAssistance to lndividuals and Households - Other Needs Assistance
Grant Program, as FEMA awards under these programs do not meet the definition of "funding agreement.'i
b. lf the FEMA award meets the deflnition of "funding agreement', under 37 C.F.R.
i
S a01.2(a) and the non-Federal entity w¡shes to enter into a contract w¡th a smali business firm or nonprofit organization
regarding the substltut¡on of parties, assignment or performance of experimental, developmentaf or research work
under that "funding agreemen!" the non-Federal entity must comply with the requlrements of 37 C.F.R. part 401 (Rights
to lnventions Made by Nonprofit Organizations and'Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements), and any implementing regulatlons issued by FEMA. See 2 C.F.R. part 200, Appendix ll, 1 F.
c' The regulation at 37 C.F.R. 5 a01.2(a) currently deflnes "funding atreement" as any contract, trant, or cooperative
agreement entered into between any Federal agency, other than the Tennessee Valley Author.ity, and any contractor for
the perfor¡ance of experimental, developmental, or research work funded in whole or in part by the Federal
Sovernment' This term also includes any assignment, substitutlon of partieq or subcontract of any type entered into for
the performance of experimental¡ developmental, or research work under a funding agreement as defined in the first
sentence of this paragraph.
7. Clean AirAct and the FederalWater Pollution ControlAct Contracts of amounts in excess of $1SO,O00 must conta¡n a
provisíon that requires the contractor tb agree to comply with all applícable standards, òrders, or règulations issued
pursuant to the Clean Air Act (42 U.S.C.
SS 7401-7671q)and the Federal Water Pollution controlAct as amended (33 u:S.C, 95 1251-1387). Violatlons must be
reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. part 200, Appendix il, IG.\
RFP 2019-01-03
Stormwater Clean¡ng
which ls any nonprocurement transaction (unlesi excepted) at either a "primary'' or tecondarly'' tier. Although "covered
transactions" do not include contracts awarded by the Federal Government for purposes ofthe nonprocurement
common rule and DHS's implementiñg règulations, it does include some contracts awar.ded by recipients and
subrecipient
e. Specifícaily, a covered transaction includes the following contracts for goods or servlces:
(1) The contract is awarded by a recipient or subreclp¡erit in the amount of at least $25,000.
(2) The contract requires the approvai of FEMA, regardless of amount.
(3) The contract is for federally-requlred audit services.
(4) A subcontract ls also a covered transaction if it is awarded by the contr¿ctor of a reclpient or subrec¡p¡ent and
requires either the approval of FEMA or ¡s ¡n excess of $25,000. \
d. The following provides a debarment and suspension clause. lt ¡ncorporates an opt¡onal method of verifying that
contractors are not excluded or disqualifled:
"Suspensio¡ and Debarment \
(1) This contract is a covered trarisaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is
required to veriff that none of the contractor, its principals (defined at 2 C.F.R. $ 180.995), or its afflliates (defined at 2
C.F.R: 5 180.905) are excluded (deflned at 2 C.F.R.
5 180.940) or disqualified (defined at 2 C.F.R. 5 180.935).
(2) The contractor must comply with 2 C.F.R. pt. t8e subpart C and Z
c.F.R. pt. 3000, subpart C and must include a requlrément to comply with these regulations in any lower tier coveied
transact¡on it enters ínto.
(3) This certification is a material representation of fact relied upon by (insert name of subrecipient). lf 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.300e subpart C, in
addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal
Government rnay þursue available remedies, including but not limíted to suspension andfor debarment.
(a)The bidder or proposer agrees to comply with the requlrements of 2
c.F.R. pt. 18O 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 thls offer. The bidder or proposer further agrees to ¡nclude a provision requlrlng such
compliance in its lower tier cóvered transactlons."
9. Byrd Anti-Lobbying Amendment.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
b. Contractors that apply" or bid for an award of 5100,000 or more must f¡le the réqulred cert¡f¡cat¡on. See 2 C.F.R. part
200, Appendix ll, 'll l; 44 c.F.R. Part 18; PDAT supplernent, chapter tv 6.c; Appendix Ç fl¿.
c. Each t¡er cert¡f¡es to the t¡er above that it will not and has hot used Federal appropriated funds to pay any persòn or
organization for influencing oi áttemptlng to influence an officer or employee oi.ny agency, a membei of congregs,
officer or employee of Congresg or an employee of a member of Congress iin connection w¡th obta¡n¡ng any Federal
contract, grant or any other award covered by 31 U.S.C. 5 1352. Each tier must also disclose any lobbying with non-
RFP 20X9-01-03
Stormwãter Cleaning
Resource Conservation and Recovery Act at 42 U.S,C. S 5962). See 2 C.F,R. Part 200, Appendix il, Í J; 2 C.F.R. 9 200.322;
PDAT Supplement Chapter V, ,ll 7.
c. The requirèments of Section 6002 include proèudng only ltems designated in guidelines of the EPA at 40 C.F.R, Part
247 that contain the highest pelcentage of recovered materlals practlcable, consistent wíth malntaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 orthe value of the quantity acquired by the
preceding fiscalyear exceeded $10,000; procuring solid waste mariagement sérvices in a mannerthat maximizes energy
and resource recovery; and establ¡shing an affirmative procurement program for procurement of recovered mater¡als
identified ln the EPA guîdelines.
d. The following provides the clause that a state agencT or agency of a political subdivision of a state and its contractors
can include ¡n contracts meeting the above contract thresholds:
"(1) ln 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-
(i) Competitively withiq a timeframe providing for compliance with the contract pÞrformance schedule;
(ii) Meetlng contract performance requirements; or
(iiilAt a reasonable price. )
ì
(2) lnformatlon-about this rêquirement, along with the list of EPA-des¡gnete items, is available at EPAs Com¡irehensive
Procurement Guidelines web site, https://www.epa.gov/smm/comprehen5iys'procurement-guldeline-ipg.program."
11. Ad'dit¡onal FEMA Requirements.
a. The Uniform Rules authorlze FEMA to require additional provisions for non- Federal entity contracts. FEMA, pursuant. to th¡s authority, requires or recommends the following:
b. Changes.
To be eligible for FEMA assistance under the non-Federal ent¡ty's FEMA grant or cooperatlve agreement, the cost of the
change, modlficatioh, change order, or construct¡ve change must be allowabfe, allocable, wlthln the scope of ¡ts grant or
cooperat¡ve agreement, and reasonable for the completion of project scope. FEMA recommends, therefore, that a non-
Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by elther party
to alter the method, prlce, or schedule of the work without breaching the contract. The language of the clause may
differ dependíng on the nature of the contract and the end-item þrocured.
c. Access to Records.
All non-Federalentlties muít place into their contracts a provision that all contractors and the¡r successors, transfereet
asslgnees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department and
FEMA access to records, accounts, documents, information, facilities, and staff. See,DHS Standard Terms and Conditions,
v 3.0, llXxVl (2013).
d. The following provides a contract clause regarding access to records:
'?ccess to Records. The following access to records requirements apply to this contiact:
(1) The contractor agrees to provide (insert name of state agency or locat or Indian tr¡bal government), (insert name of
recipient), the FEMA Administrator, the Comptrolter General of the United states, or any ãf their authorized
representat¡ves access to any books, documents, papers, and records of the Contractorwhich are directly pert¡nent to
this contract for the purpoqes of making audits, examlnations, excerpts, and transcriptlons.
Appendix F
STORMWAÏER SYSTETN
VILLAGE OF KEY B|ASCAYI{Ê. FL
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A
Glient#:66813 USLUBACORD^ CERTIFICATE OF LIABILITY INSURANCE
COVERAGES CERT]FICATE NUMBER:REVISION NUMBER:
@ 1988.2010 ACORD CORPORAT|ON. Ail rights reserved.
The ACORD name and logo are rogistered marks of ACORD
] KPA'i
DATE (MM/DD/YYYT
2t01t2019THlscERllFlcATElslssUEDAsAMATTERoF|NFoRMATloNoNLYANDcoNFERsruonts
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POL¡CIES
BELOW THls CERTIFIGATE OF INSURANCE DOES NOT CoNSTITUTE A CONTRAcT BETwEEN THE tssutNc ñsuRER(s), AUTHoRIZED
REPRESENTATIVE OR PRODUGER, AND THE CERTIFICATE HOLDER.
is an policy(ies)ts
the terms and conditlons of the polícy,certa¡ñ policies may requlre an endorsement.A statêmènt on th is certlflcate does not confer rights to thecert¡ficate holdêr tn teu of such
PRODUCER
Gulfshore lnsurance, lnc - SFL
4100 Goodlette Rd N
Naples, FL 34103
239 261-3646
Fort
235 435-7151 239213-2803
rance,com
COVËRAGE NAIC*
A . Adñhål lnsurãnco C.ñpany
INSURÊD
U.S, Lubricants, LLG
P.O. Box 523212
Miami, FL 33152
INSIJRERB:¡cWGroup 27847
INSURER C : Cloar Blu. lnsu.¿[co Cohpany 28860
INSURER O :
INSURER E :
INSTJRER F :
INDICATED. NOTWITHSTANDING ANY REQUIREMEÑT, TERM OR CONDITION OF
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
ABOVE FORTHE
WITH RESPECÌ
THIS TO CERTIFY THAT POLICIESTHE INSUOF LISTEDRANCE HAVEBELOW ISSUEDBEEN THETO POLICY PERIODNAMED
CONTRACTANY OR OTHER DOCUMENT TO THISWHICH
BY POLtCtESTHE HEREINDESCRIBED SUBJECTIS ALLTO THE TERMS,roNsEXCLUS AND coNDrtoNs SUCHOF LIMITSPOLrClEs.MAYSHOWN BEENHAVE BYREDUCED PAID CLAIMS.
WPE OF INSURANCE POLICY LtMtlS
OCCURRENCE
$
MED EXP
&ADV ÍNJURY sl
GENERAL AGGRÉGATE
COMP/OPAGG
A
COMMERCIAL GENERAL LIABILITY
.LA'M'-MADE l-il o""r^
AGGREGATE LIMIl APPLIES PER:
POLICY LOC
GENERAL LIABILITY FE¡PPL25129OO I 07lo2l201
$
BODILY ÍNJURY (Per peEon)$
BODILY INJURY (Per âccldent)$
X $
c AUTOMOAILE LIABILITY'
HIRED AUTOS
ALL OWNEO'
AUTOS
SCHEDULED
AUTOS
ANY AUTO
NON.OWNED
AUTOS
AQlYFL00049500 071021201
$
OCCURRENCE
UMBRELLA LIAB
EXCËSS LIAB
OCCUR
CL.AIMS-MADE
A FEtEXS25l3000 I
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B AND EMPLOYERS' LIAEILIW
ln
WORKERS
N/A
wFL504203100 I 071021201
E.L- olsɡsa -
roqulr€d)DESCRIPTION OF OPÈRATIONS / LOCATIONS / VEHICLES (Attach AGORD 101, Add¡tlonat Rsmarks Schedulo, lf moro spaca
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, ,NOTICE WILL BE DELIVERED IN
ACCORDANCE WTH THE POLICY PROV¡SIONS.
The Village of Key Biscayne
88 West Mclntyre Street
Key Biscayne, FL 33149
<14,194 y'at*'
AUTHORIZED REPRESENTATIVE
AcoRD 25 (2010t051 1 oi 1
#s1382399/M130t386
Florida ÞWartnrent ¡rf
Ënvircnmental ProtectÍon
Sob Martir¡e¿ Cenler
f6û0 Blair SûorE Road
T'albhassee, fu rida 3239$.æ0ü
March 19,2018
BE IT KNOWN T}IAT
U.5. Lubricants, LLC.
3636 NW 48th Ter
Miami, FL 33142- 3924
IS HEREBY REGXSTERED AS A USEÞ OIL
Transporter, ïransfer Fac¡f ity, Fi lter Tra nsporter
pursuant to Chapter 62-7L0, Fiorida Administrative Code (F.A,C)
For regulatory guidance, go to;
http://www.def¡.statg.fl.us/waste/categories,/used oil/default. htm
The Department of Environmental Protection hereby ¡ssues
Registration Number FLROOO2l1557 on March 19, 2018
ïransporter Type: FH
This registration will expire oÊ 6/30l2Ûl9
Ihis certif¡cate documents receipt of your annual reg¡strat¡on
and annual report, It shall be displayed in a prominent place
at your facility. This certificate and your cancelled check
are your receipts.
Janet Ashwood
Engineer Specialist IItr
Hazardo¡¡s Waste Regulation Permitting
Rkk Scott
Gu¡errnr
Car&rs Lopeu{ant€ra
LL Governor
Irloah Vabrgein
Secretâry
Jose Fernandez
U.S. Lubricants, LLC.
3636 NW 48 Terrace
Miami, FL 33142
Local Business Tax Receint
Miami-Dade County, State of Florida'
-.I-HIS IS NC}T A BILL - DO NOT PAY
6800263
BUSINESS NAME/LOCATION
U S LUBRICANTS LLC
3636 NW 48TH TER
MlAMl, FL 33142
RECËIPT NO.
RENEWAL
7073901
EXPIRES
SEPTEMBER 30, 2019
Musl be displayecl at plâce of bus¡ness
Pursuânt to County Code
ChâpterSA-Art.9& 10
ffiæ
OryNÉR SEC. TYPE OF BUS|NESS
u s LUBRTcANTS LLc zz0 TANGTBLE pERS6NAL åîifiiti¡:åi'jåc/o JosE L FËRNANDË.. MGR pRop DLR ;;åo o7ßorzol'Employee(s) 1 çREDtTcARD-1s-057g69
This local Eusinsss Iax Receipl 0nly conlìms paynìeilt 0f-lhe L0crl Business Trx. Tho Rocc¡pl is not ¡ licensô,
p0rmil. or a corl¡licôt¡0n of tho holdcr's qualifications, to d'o bffiin€3s. llolder must comply wiih any governmsñsl
0r nongovernmental regulatory laws and requ¡rements wh¡ch apply to tho bus¡noss.
The RECEIPT N0. ab0v0 must bo d¡splayod on all commercial vehiclos - Miami-0ade code sec ga-21s.
For more inf o¡m¡rion, visit yyjtrtyJn,iallidatg4qvllAxg.allgalol
LBT
EXFIIBIT "B''
RATE SCHEDULE
The Rate Schedule for Services performed pursuant to this Agreement are as follows
\
(J,J
Total Bass Bid of
(ln l,t/ords)
Altem¡te Bid
(ln Wods)
f
BID FORM
storm Drainage cleaning and closed chcuit Television (ccTV) lnspection services
ù J¡T"toì¡ f"*r
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16
EXHIBIT ''B''
SERVICES AGREEMENT
BET\ryEEN
THE VILLAGE OF KEY BISCAYNE
AND
ENVIROWASTE SERVICES GROUP, INC.
THIS AGREEMENT (this "Agreement") is made effective as of the _ day of _ffi ï';Í15;Tffii,î,iÌï,ì;l#ll#:iJ'J,liïi¡"".1î.,",,"*.åffi i,
Mclntyre Street, Key Biscayne, Florida 33149 (hereinafter the "Village"), and ENVIROWASTE
SERVICES GROUP,INC., a Florida Corporation, whose principal address is 18001 Old Culter
Road, Suite 554, Palmetto Bay, Florida33157 (hereinafter, the "Contractor").
WHEREAS, on January 3,2019, the Village issued Request for Proposals No. 2019-01-
03 ('.RFP") for storm drain pipe, manhole, and catch basin cleaning and closed-circuit television
inspections ("Project"); and
WHEREAS, in response to the RFP, on February 5,2019, the Contractor submitted a
proposal ("Proposal"), which is incorporated and attached hereto as Exhibit "A," for the Services
(as hereinafter defined) and was awarded a contract; and
\ryHEREAS, the Contractor and Village, through mutual negotiation, have agreed upon a
rate schedule as set forth in Exhibit "8" (the "Rate Schedule") in connection with the Services;
and
WHEREAS, the Village desires to engage the Contractor to perform the Services and
provide the deliverables as specified below.
NO\ry, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Contractor and the Village agree as follows:
1. Scope ofServrces.
1.1 The Contractor shall furnish the Services and provide deliverables for
various aspects of the Project for the Village, as requested by the Village
and detailed in a "Statement of Work" which the Village will provide the
Contractor when engaging the Contractor to work on a specific Project.
L2. Prior to commencement of work on a specific Project, the Contractor will
provide the Village with a fixed lump sum cost for the Services set forth in
the Statement of V/ork calculated using the rates set forth on the Rate Schedule
attached hereto.
1.3. If the Village approves the fixed lump sum cost for the Project, the Village
will provide the Contractor with a Notice to Proceed to perform the Services
set forth in the Statement of Work. Contractor acknowledges that it shall not
Page I of 13
undertake to perform any Services on any Project until it has received from
the Village the Notice to Proceed on such Project.
1.4. The Contractor shall furnish all reports, documents, information obtained
pursuant to this Agreement, and recommendations during the term of this
Agreement (hereinaft er "Deliverables").
1.5 The Contractor shall abide by the terms and requirements of the RFP, as
though fully set forth herein.
2, Term/Commencement Date.
2.1 This Agreement shall become effective upon the Effective Date and shall
remain in effect for twenty-four (24) months thereafter, unless earlier
terminated in accordance with Paragraph B. Additionally, the Villagc
Manager may renew this Agreement for two additional one (1) year periods
on the same terms as set forth herein upon written notice to the Contractor.
2.2 Contractor agrees that time is of the essence and Contractor shall complete
the Services within the timeframes set forth in the Statement of Work and
the Notice to Proceed for each Project in the manner provided in this
Agreement, unless extended by the Village Manager.
3. Compensation and Payment.
3.1 Compensation for Services provided by Contractor shall be in accordance
with the approved fixed lump sum set forth in the Statement of Work or the
Notice to Proceed for such Project, which shall be based on the Rate
Scheduled attached hereto.
aaJ.J During each Project, Contractor shall deliver an invoice to Village no more
often than once per month detailing Services completed and the amount due
to Contractor under the Statement of 'Work for such Project. Fees shall be paid
in arrears each month, pursuant to Contractor's invoice, which shall be based
upon the percentage of work completed for each Project. The Village shall
pay the Contractor in accordance with the Florida Prompt Payment Act after
approval and acceptance of the Services by the Village Manager.
4. SubContractors.
4.r The Contractor shall be responsible for all payments to any subcontractors
and shall maintain responsibility for all work related to the Services andlor
any Project.
Contractor may only utilize the services of a particular subcontractor with
the prior written approval of the Village Manager, which approval shall be
granted or withheld in the Village Manager's sole and absolute discretion.
4.2
Page 2 of13
5. Villaee's Resnonsibilities.
5.1 Village shall make available any maps, plans, existing studies, reports, staff
and representatives, and other data pertinent to the Services and in
possession of the Village, and provide criteria requested by Contractor to
assist Contractor in performing the Services.
5.2 Upon Contractor's request, Village shall reasonably cooperate in arranging
access to public information that may be required for Contractor to perform
the Services.
6, Contractor's Res¡ronsibilities.
6.1 The Contractor shall exercise the same degree of care, skill and diligence in
the performance of the Services for each Project as is ordinarily provided
by a Contractor under similar circumstances. If at any time during the term
of this Agreement or within two (2) years from the completion of this
Agreement, it is determined that the Contractor's Deliverables or Services
are incorrect, not properly rendered, defective, or fail to conform to Village
requests, the Contractor shall at Contractor's sole expense, immediately
correct its Deliverables or Services.
6.2 The Contractor hereby warrants and represents that at all times during the term
of this Agreement it shall maintain in good standing all required licenses,
certifications and permits required under Federal, State and local laws
applicable to and necessary to perform the Services for Village as an
independent contractor of the Village.
7. Conflict of Interest.
7.r To avoid any conflict of interest or any appearance thereof, Contractor shall
not, for the term of this Agreement, provide any consulting services to any
private sector entities (developers, corporations, real estate investors, etc.),
with any current, or foreseeable, adversarial issues in the Village. For the
purposes of this section "adversarial" shall mean any development
application where staff is recommending denial or denied an application, or
an administrative appeal or court action wherein the Village is a party.
8. Termination.
The Village Manager, without cause, may terminate this Agreement upon
five (5) calendar days written notice to the Contractor, or immediately with
cause.
8.1
Page 3 of 13
8.2 Upon receipt of the Village's written notice of termination, Contractor shall
immediately stop work on the project unless directed otherwise by the
Village Manager.
8.3 In the event of termination by the Village, the Contractor shall be paid for
all work accepted by the Village Manager up to the date of termination,
provided that the Contractor has first complied with the provisions of
Paragraph 8.4.
8.4 The Contractor shall transfer all books, records, reports, working drafts,
documents, maps, and data pertaining to the Services and the project to the
Village, in a hard copy and electronic format within fourteen (14) days from
the date of the written notice of termination or the date of expiration of this
Agreement.
9. Insurance.
9.I Contractor shall secure and maintain throughout the duration of this
agreement insurance of such types and in such amounts not less than those
specified below as satisfactory to Village, naming the Village as an
Additional Insured, underwritten by a firm rated A-X or better by A.M. Best
and qualified to do business in the State of Florida. The insurance coverage
shall be primary insurance with respect to the Village, its off,rcials,
employees, agents and volunteers naming the Village as additional insured,
Any insurance maintained by the Village shall be in excess of the
Contractor's insurance and shall not contribute to the Contractor's
insurance. The insurance coverages shall include at a minimum the
amounts set forth in this section and may be increased by the Village as it
deems necessary or prudent.
a. Commercial General Liability coverage with limits of liability
of not less than a $1,000,000 per Occunence combined single
limit for Bodily Injury and Property Damage. This Liability
Insurance shall also include Completed Operations and Product
Liability coverages and eliminate the exclusion with respect to
property under the care, custody and control of Contractor. The
General Aggregate Liability limit and the Products/Completed
Operations Liability Aggregate limit shall be in the amount of
$2,000,000 each.
b. Workers Compensation and Employer's Liability insurance, to
apply for all employees for statutory limits as required by
applicable State and Federal laws. The policy(ies) must include
Employer's Liability with minimum limits of $1,000,000.00
each accident. No employee, subcontractor or agent of the
Contractor shall be allowed to provide Services pursuant to this
Page 4 of 13
9.2
9.3
Agreement who is not covered by V/orker's Compensation
rnsurance.
c. Business Automobile Liability with minimum limits of
$1,000,000 per Occunence, combined single limit for Bodily
Injury and Property Damage. Coverage must be afforded on a
form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements,
as filed by the Insurance Service Office, and must include
Owned, Hired, and Non-Owned Vehicles.
d. Professional Liability Insurance in an amount of not less than
One Million Dollars ($1,000,000.00) per occurrence, single
limit.
Certificate of Insurance. Certificates of Insurance shall be provided to the
Village, reflecting the Village as an Additional Insured (except with respect
to Professional Liability Insurance and'Worker' s Compensation Insurance),
no later than ten (10) days after award of this Agreement and prior to the
execution of this Agreement by Village and prior to commencing Services.
Each certificate shall include no less than (30) thirty-day advance written
notice to Village prior to cancellation, termination, or material alteration of
said policies or insurance. The Contractor shall be responsible for assuring
that the insurance certificates required by this Section remain in full force
and effect for the duration of this Agreement, including any extensions or
renewals that may be granted by the Village. The Certificates of Insurance
shall not only name the types of policy(ies) provided, but also shall refer
specifically to this Agreement and shall state that such insurance is as
required by this Agreement. The Village reserves the right to inspect and
return a certified copy of such policies, upon written request by the Village.
If a policy is due to expire prior to the completion of the Services, renewal
Certificates of Insurance shall be furnished thirty (30) calendar days prior
to the date of their policy expiration. Each policy certificate shall be
endorsed with a provision that not less than thirty (30) calendar days'
written notice shall be provided to the Village before any policy or coverage
is cancelled or restricted. Acceptance of the Certificate(s) is subject to
approval of the Village.
Additional Insured. Except with respect to Professional Liability
Insurance and Worker's Compensation Insurance, the Village is to be
specifically included as an Additional Insured for the liability of the Village
resulting from Services performed by or on behalf of the Contractor in
performance of this Agreement. The Contractor's insurance, including that
applicable to the Village as an Additional Insured, shall apply on a primary
basis and any other insurance maintained by the Village shall be in excess
of and shall not contribute to the Contractor's insurance. The Contractor's
Page 5 of 13
insurance shall contain a severability of interest provision providing that,
except with respect to the total lirnits of liability, the insurance shall apply
to each Insured or Additional Insured (for applicable policies) in the same
manner as if separate policies had been issued to each.
9.4 Loss Pavee. The Village is to be specifically named as a loss payee under
the Contractor's Professional Insurance policy so that the Village will be a
third party beneficiary entitled to receive all money payable under the
relevant policy for any claims, damages, or losses in connection with,
related to, or arising from Contractor's Services or performance pursuant to
this Agreement.
9.5 Deductibles. All deductibles or self-insured retentions must be declared
to and be reasonably approved by the Village. The Contractor shall be
responsible for the payment of any deductible or self-insured retentions in
the event of any claim.
The provisions of this section shall survive termination of this Agreement.9.6
10. Nondiscrimination.
10.1 During the term of this Agreement, Contractor shall not discriminate against
any of its employees or applicants for employment because of their race,
color, religion, sex, or national origin, and to abide by all Federal and State
laws regarding nondiscrimination
11. Attorneys Fees and'Waiver of Jurv Trial.
I 1.1 In the event of any litigation arising out of this Agreement, the prevailing
party shall be entitled to recover its attorneys' fees and costs, including the
fees and expenses of any paralegals, law clerks and legal assistants, and
including fees and expenses charged for representation at both the trial and
appellate levels.
II.2 IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY,
IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY V/AIVES
ITS RIGHT TO TRIAL BY JURY.
12. Indemnification.
12.1 Contractor shall indemnify and hold harmless the Village, its offrcers,
agents and employees, from and against any and all demands, claims, losses,
suits, liabilities, causes of action, judgment or damages, arising from
Contractor's negligent acts, errors, or omissions arising out of the
performance or non-performance of any provision of this Agreement,
including, but not limited to, liabilities arising from contracts between the
Page 6 of 13
Contractor and third parties made pursuant to this Agreement. Contractor
shall reimburse the Village for all its expenses including reasonable
attorneys' fees and costs incurred in and about the defense ofany such claim
or investigation and for any judgment or damages arising from Contractor's
negligent performance or non-performance of this Agreement.
12.2 The provisions of this section shall survive termination of this Agreement
13. Notices/Authorized Representatives.
13.1 Any notices required by this Agreement shall be in writing and shall be
deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or
by a private postal service, addressed to the parties (or their successors) at
the following addresses:
For the Village:Andrea Agha
Village Manager
Village of Key Biscayne
88 V/est Mclntyre Street
Key Biscayne, FL 33149
With a copy to:Chad Friedman, Esq.
Village Attorney
V/eiss Serota Helfman Cole & Bierman, P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, FL 33134
For the Contractor:Envirowaste Services Group, Inc.
Attn: Eduardo J. Barba
18001 Old Culter Road, Suite 554
Palmetto Bay, Florid a 33 157
15.
Governing Law and Venue.
l4.l This Agreement shall be construed in accordance with and governed by the
laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
Entire Asreement/Modifïcation/Amendm ent.
15.1 This writing contains the entire Agreement of the parties and supersedes
any prior oral or written representations. No representations were made or
relied upon by either party, other than those that are expressly set forth
herein.
14.
Page 7 of 13
15.2 No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement, unless executed with the
same formality as this document.
15.3 Contractor represents that is an entity validly existing and in good standing
under the laws of Florida. The execution, delivery and performance of this
Agreement by Contractor have been duly authorized, and this Agreement is
binding on Contractor and enforceable against Contractor in accordance
with its terms. No consent of any other person or entity to such execution,
delivery and performance is required.
16, Ownership and Access to Records and Audits.
16.1 Contractor acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compilecl
information, and all similar or related information (whether patentable or
not) which relate to Services to the Village which are conceived, developed
or made by Contractor during the term of this Agreement ("Work Product")
belong to the Village. Contractor shall promptly disclose such Work
Product to the Village and perform all actions reasonably requested by the
Village (whether during or after the term of this Agreement) to establish
and confirm such ownership (including, without limitation, assignments,
powers of attorney and other instruments).
16.2 Contractor agrees to keep and maintain public records in Contractor's
possession or control in connection with Contractor's performance under
this Agreement. Contractor additionally agrees to comply specifically with
the provisions of Section 119.0701, Florida Statutes. 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 Agreement, and following
completion of the Agreement until the records are transferred to the Village.
16.3 Upon request from the Village's custodian of public records, Contractor
shall provide the Village 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.
16.4 Unless otherwise provided by law, any and all records, including but not
limited to repofts, surveys, and other data and documents provided or
created in connection with this Agreement are and shall remain the property
of the Village.
16.5 Upon completion of this Agreement or in the event of termination by either
party, any and all public records relating to the Agreement in the possession
of the Contractor shall be delivered by the Contractor to the Village
Page 8 of 13
Manager, at no cost to the Village, within seven (7) days. All such records
stored electronically by Contractor shall be delivered to the Village in a
format that is compatible with the Village's information technology
systems. Once the public records have been delivered upon completion or
termination of this Agreement, the Contractor shall destroy any and all
duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements.
16.6 Any compensation due to Contractor shall be withheld until all records are
received as provided herein.
16.7 Contractor's failure or refusal to comply with the provisions of this section
shall result in the immediate termination of this Agreement by the Village.
Notice Pursuant to Section ll9.070l?Xa), Florida Statutes
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER II9, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THTS
CONTRACT, CONTACT THE CUSTODIAI{ OF PUBLIC
RECORDS.
Custodian of Records:
Mailing address:
Telephone number:
Email:
Jennifer Medina
88 West Mclntyre Street
Key Biscayne, FL 33149
305-365-5s06
i m ed i n a @, key b iscayn e.fl . sov
17. Nonassisnability.
17.l This Agreement shall not be assignable by Contractor unless such
assignment is first approved by the Village Manager. The Village is relying
upon the apparent qualifications and expertise of the Contractor, and such
firm's familiarity with the Village's area, circumstances and desires.
18. Severabilifv.
18.1 If any term or provision of this Agreement shall to any extent be held invalid
or unenforceable, the remainder of this Agreement shall not be affected
thereby, and each remaining term and provision of this Agreement shall be
valid and be enforceable to the fullest extent permitted by law.
Page 9 of 13
19, Independe+tContractor
19.1 The Contractor and its employees, volunteers and agents shall be and
remain an independent contractor and not an agent or employee of the
Village with respect to all of the acts and services performed by and under
the terms of this Agreement. This Agreement shall not in any way be
construed to create a partnership, association or any other kind of joint
undertaking, enterprise or venture between the parties.
20, Compliance with Laws.
20.1 The Contractor shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities in carrying out Services
under this Agreement, and in particular shall obtain all required permits
from all jurisdictional agencies to perfortn tlte Services under this
Agreement at its own expense.
21. Waiver.
2l,I The failure of either party to this Agreement to object to or to take
affirmative action with respect to any conduct of the other which is in
violation of the terms of this Agreement shall not be construed as a waiver
of the violation or breach, or of any future violation, breach or wrongful
conduct.
22. Survival of Provisions.
22.I Any terms or conditions of either this Agreement that require acts beyond
the date of the term of the Agreement, shall survive termination of the
Agreement, shall remain in full force and effect unless and until the terms
or conditions are completed and shall be fully enforceable by either party.
23, Prohibition of Continsencv Fees.
23.1 The Contractor warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for the
Contractor, to solicit or secure this Agreement, and that it has not paid or
agreed to pay any person(s), company, corporation, individual or firm, other
than a bona fide employee working solely for the Contractor, any fee,
commission, percentage, gift, or any other consideration, contingent upon
or resulting from the award or making of this Agreement.
24. Public Entitv Crimes Affidavit.
24.I Contractor shall comply with Section 287.133, Florida Statutes (Public
Entity Crimes Statute), notification of which is hereby incorporated herein
by reference, including execution ofany required affidavit.
Page 10 of 13
25. Counterparts.
25.1 This Agreement may be executed in several counterparts, each of which
shall be deemed an original and such counterparts shall constitute one and
the same instrument.
fRemainder of page intentionally left blank. Signature pages follow.]
Page 11 of13
IN V/ITNESS V/HEREOF the parties hereto have executed this Agreement as of the date
written below their signatures.
FOR THE CONTRACTOR:
ENVIROWASTE SERVICES GROUP,
INC., a Florida Corporation
By:
Name:
Title:
Date Executed:
Page 12 of 13
IN WITNESS V/HEREOF the parties hereto have executed this Agreement on the day
and date first above written.
FOR THE VILLAGE:
VILLAGE OF KEY BISCAYNE' A
Florida municipal corporation
By:
Andrea Agha
Village Manager
Date Executed:
Attest:
By:
Jennifer Medina
Village Clerk, CMC
Approved as to Form and Legal Sufficiency:
By:
V/eiss Serota Helfman Cole & Bierman, P.L.
Village Attorney
Page 13 of 13
EXHIBIT "A''
SCOPE OF SERVICES
Scope of Services are those contained in Contractor's Proposal dated February 5,2019, attached
hereto and incorporated herein by reference.
RFP 2019"01-03
Stormwðter Cleaning
REQUEST FOR PROPOSALS
No. 2019-01-03
STORM DRAINAGE PIPË, MANHOLE AND CATCH BASIN CLEANING
AND CLOSED -CIRCUIT (CCTV INSPECTION)
VILLAGE OF KEY BISCAYNE
VITLAGE COUNCIL
Michael W. Davey, Mayor
Allìson McCormick, Vice Mayor
Luis Lauredo
Êdward London
Brett Moss
Katie Petros
lgnacio Segurola
VILTAGE ATTORNEY
Weiss,Serota, Helfman, Cole & Bierman, P.L
OFFICE OF THE VITLAGE CTERK
Jennifer Medina, CMC
ADMINISTRATION
Andrea Agha, Village Manager
RFP 201.9-0L-03
Stormwate r Cleaning
Appendix B
PROPOSER'S QUESTIONNAI RE
Submitted to: the Village of Key Biscayne, Florida:
By (Bidder Name)EnviroWaste Services Group, lnc,
Principal Office (Address)18001 Old Cutler Road #554 Miami, Fl. 33'157
1. How many years has your organization been in business as a Contractor under your present business
name?
21
2. What current occupational licenses does your organization have authorizing it to do the work
contemplated in this Contract?
We have our Miami Dade local business tax and occupancy permit through the fire dept.
3. State of Florida Occupational License (State type and number)LBT 7479698, CGC1 520877
4. Federall.D, No:65-0829090
5. Dade County Certificate of Competency (Slate type and number)
N/4, we have a state general contractor license
Please include copies of above licenses and certifications with proposal
6. How many years of experience in similar work has your organization had?
a) As a General Contractor 16
b)As a Sub-Contractor 21
c) What contracts has your organization completed? State below and following page:
Storm Drain cleaning
and inspection over $1 0M since
2003 Storm Drain
cleaning
2003-
ongoing
City of Miami
Ely Estevez 305-41 6-1 295
444 SW 2nd Ave, 8th Floor
Miami, Florida.33130
$2.5M since
2009
Storm Draín
cleaning
2009-
ongoing
Town of Cutler Bay
Yenier Vega 305-234- 4262
10720 Caribbean Blvd #105
Miami, Florida.33189
Storm Drain cleaning
and inspection
Storm Drain cleaning
and inspection
$4M Since 2008 Storm Drain
cleaning
2008-onging City of Doral
Carlos Arroyo 305-593-6740 6009
8401 NW 53rd Terr
Doral, Florida.33166
Contract Name (or Title)Contract
Amount
Class of
Work
Date
Completed Name and Address of Owner
RFP 2019-01-03
StoÍmwater Cleaning
Carlos Arroyo 305-593-6740 6009 City of Doral Storm Drain cleaning
and inspection 2008-ongoing
FDOT Pedro Lopez 813-975-6107 FDOT E7152 January 2020
Michael Church 407 -836-781 2
Orange County PWD
Multiple Storm Drain Cleaning contracts 2008-ongoing
8. Are you a Gertified Small Business Enterpñse (SBE) Contractor with Miami-Dade County, (lnternal
Services Department (lSD))?
NO
9. Have you ever fa¡led to complete any work awarded to you?
No
10. lf so, where and why?
f l. Has any off¡ær or partner of your organ¡zation êv€r failed to complete a contract handled in his own
name?
No
12. lf so, state name of individual, name of owner, and reason thereof:
13. In what othcr lines of buslness arê you financially intcrcsted or engaged?
all underground infrastructure rehab work, some flatwork
14. Give references as to experience, ability and financial standing.
Town of Cutler Bay, Yenier Vega 305-234-4262
RFP 2019-01-03
Stormwater Cleaning
Appendix C
PRICE PROPOSAL
RFP 2019-0l-03
stormwater Cleaning
Appendlx D
SINGLE EXECUTION AFFIDAVITS
THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE PROPOSER OR
BIDDER AND NOTARIZED BELOW THESE SINGLE EXECUTION AFFIDAVITS ARE STATEMENTS MADE
ON BEHALF OF:
EnviroWaste Services Group, lnc.
"",
Julio Fojon President
Proposing or Bidding Entity
6s-0829090
FEIN of Proposing or Bidding Entity
Americans with Dlsabilities Act Compliance Affidavit
The above nam€d firm, corporation or organizat¡on is in compliance with and agreed to continue to
comply with, and assure that any subcontractor, or third party contractor under this project complies
with allapplicable reguirements of the laws listed below including, but not limited lo, those provisions
pertaining to employment, provision of programs and sorvices, transportation, communications,
access to facilities, renovations, and new construction.
r The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Slet 327, 42 USC
1210112213 and 47 USC Sec{ions 225 and 661 including Ttle l, Employment; Ttle ll, Public
Services; Title lll, Public Accommodations and Services Operated by Pdvate entities; Title lV,
Telecommunications; and Ttle V, Miscellaneous Provisions.. The Florida Americans with Disabiltties Accessibility lmplementation Act of 1993, Section
553.501 -553.51 3, Florida Statutes:. The Rehabilitation Act of 1973,U9 USC Sec{ion 794;r The FederalTransit Acl, as amended 49 USC Section 1612;r The Fair Housing Act as amended 42 USC Section 3601-3631.
Proposer lnitials
ll. Public Entity Grimes Affidavit
I understand that a 'public entity crime' as defined in Paragraph 287.133(1)(9), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of buslness with any public entity or with an agency or political subdivlsion of any othar
state or of 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 agêncy or political subdivision of any other state or of the United
States and involving antitrusl, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentations.
I understand that'convicted' or "conviction" as defined in Paragraph 287,133(1)(b), Florida Slatutes,
means a finding of guilt or a conviction of a publlc entity crime, with or without an adjudication of guilt,
in any federal or state trial court of record relating to charges brought by lndictment or information
after July 1, 1989, as a result of a Jury verdict, non-iury trial, or entry of a plea of guilty or nolo
contendere.
lndividual's Name and Title
5N
RFP.2019-01-03
5tormwater Cleanlng
the calendar year in which it is filed. I also understand that I am required to inform the public entity
priorto entering into a contract in excess of the threshold amount provided in Section 287.017, Florida
Statutes for category two of any change in the information contained in this form.
-t Df
Proposer lnitials
lll. No Conflict qf-l.ntereslor Contingent Fee Affldavit
Proposer wanants that neither it nor any principal, employee, agent, representative nor family
member has paid or will pay any fee or consideration that ls contingent on the award or execution of
a contract arising out of this solicitation. Proposer also warrants lhat neither it nor any principal,
employee, agent, representative nor family member has procured or attempted to procure thls
contract in violation of any of the provisions of the Miami-Dade County conflict of interest or code of
ethics ordinances. Further, Proposer acknowledges that any violation of these warants will result in
the termination of the contract and forfeiture of funds paid or to be paid to the Proposer should the
Proposer be selected for the performance of this contract.
)lxç
Proposer lnitials
lV. Business Entitv Affidavit
Proposer hereby recognizes and certifies that no elected official, board member, or employee of the
Village of Key Biscayne (lhe "Village") shall have a financial interest directly or indirectly ln this
transaction or any compensation to be paid under or through this transaction, and further, that no
Village employee, nor any elected or appointed officer (including Village board mernbers) of the
Village, nor any spouse, parent or child of such employee or elected or appointed officer of the Mllage,
may be a partner, officer, director or proprietor of Proposer or Vendor, and further, that no such Village
employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in
comblnation, may have a material interest in the Vendor or Proposer. Material interest means dlrect
or indirect ownership of more than 50/o of the total assets or capital stock of the Proposer. Any
exception to these above described restrictions musl be expressly provided by applicable law or
ordinance and be confïrmed in writing by Village. Further, Proposer recognizes that with respect to
this transaction or bid, if any Proposer violates or is a party to a violation of the ethics ordinances or
rules of the Village, the provlslons of Mlami-Dade County Code Section 2-11,1, as applicable to
Village, or the provisions of Chapter 112, pul lll, Fla. Stat., the Code of Ethlcs for Publlc Officers and
Employees, such Proposer may be disqualified from furnishing the goods or services for which the
bid or proposal is submitted and may be further disqualified from submitting any future bids or
proposals for goods or services to Vlllage.
1Ar
Fñþffiäiats
V. Anti-Collusion Affidavit
1. Proposer/Bidder has personal knowledge of the matters set forth in its ProposaUBid and is fully
informed respeoting the preparation and contents of the attached Proposal/Bld and all pertinent
circumstances respecting the Proposal/Bid:
REQUEST FOR PROPOSATS FOR
Storm Drain Pipe, Manhole and Catch Basin Cleaning
and Closed Circuit Inspection
RFI'No. 2019-01-03
ADDENDUM 1
fanuary 30,2OL9
To All Potential Bidders: This addendum is issued for informational purposes. Please attach thís
addendum to the documents in your possession. Per the RFP, the proposer shall acknowledge
receipt of any and all addenda, if any, listing the Addenda by number(s) and date(s) in their
Letter of lnterest
QUESTIONS AND ANSWERS
What is the term of the contract and are there any renewals?A: The term of the contract is for three years. Renewals to be negotiated
What are the liquidated damages if any?
A: No.
Just to confirm a 5% bid bond is required?A: No bid bond is required.
Willevery pipe that is cleaned be cctv inspected?A: Not necessarily. That is why there is an alternate bid
Could you please provide us a copy of bid tabulation for any past bid with similar
work.A: No prior tabulation.
Since storm cleaning is normally broken into three different levels (light, medium,
and heavy) are we to assume the pipes not to be more than 2Ao/o full of debris? lf
greater than 2}o/o, will the Owner then negotiate per the Unspecified Work
paragraph in this contract?
A: All pipes have been cleaned as of December 1 ,2018. There may be pipes
that are greater than 20% of silt built up. Village will not negotiate per the
Unspecified Work parag raph.
Will the City provide a drying bed to the contractor to dispose the solids once
decanted from the vacuum truck? lf so, what is the location?
A: No.
a
a
a
a
a
a
a
CERTIFICATE OF LIABILITY INSURANCE
See Attachment
@
7131/2019
REVISION NUMBER
CERTIFICATE
DATE (MM/DD/YYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEB, THIS
CERTIFICATE DOES NOT AFFIBMATIVELY OR NEGATIVELY AMEND, EXTEND OH ALTER THE COVERAGE AFFORDED BY TIIE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTFACT BETWFEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTAÎIVË OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: ll the cerl¡f¡cate holder is an ADDITIONAL INSURED, lhe policy(ies) must have ADDITIONAL INSURED provislons or be endorsed.
lf SUBROGATION lS WAIVED, subject to the terms and conditlons of the policy, certain pollcles may require an endorsement, A statement on
this certif¡cate does not confer r¡qhts to the cert¡f¡cale holder in l¡eu of such endorsemenl(s).
PRoDUCER Lockton Companies
3280 Peachtree Road NE, Suite #250
Atlanta GA 30305
(404) 460-3600
INSUFERISI AFFONDING COVENAGE NAIC #
rNsuBER Â : Zurich American Insurance Comnanv 16535
rNsuRED Envirowaste Services (irot¡p, lnc.
l42210l Envirowaste Holding Corp.
18001 Old Cutler Road, Suite 554
Palmetto Bay FL 33157
rNsuRER B : American Guarantee and Liab. Ins. Co.26247
rNsunÉh c: Stcârlfnst Tnsrrrance Comn¡nv 26387
r¡¡sunen n , Travelers Property Casualty Co of America 25674
rNsuRER E: Creat American Insurance Company 16691
INSURER F:
THIS IS TO CEFTIFY THAT THE POLICIES OF INSUBANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUHED NAMED ABOVE FOR THE POLICY PEHIOD
INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TEBM OB CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INgUBANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEBMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INÞHr1Þ TYPE OF INSURANCE tNqô Lt¡4fs
A COMMERCIAL GENERAL LIABILITY
CLAIMS.MADE OCCUFì
GEN'L AGGBEGATE LIMIT APPLIES PER:
'o',.' lïl lÊ3; l-xl .o.
Y N GLO557 1339-06 7t3|?;018 713v20t9 EACH OCCURRENCE s I 000 000
s 30O 000
MEó EXP lAnv ônê oêrsonl s 5000
PFRSôNAL & ADV IN.II,lRY s I 0OO 00O
GENERAL AGGREGATE $ 2.000.000
PRODUCÍS . COMP/OP AGG $ 2-000-000
$
B AUTOMOËILË LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED ,
AUTOS ONLY
SCHEDULED
x X
AUTOS
NON.OWNED
AUIOS ONLY
N N BAP557 I 338-06 7t3U20t8 713U20t9 $ t.000^000
BODILY INJUñY (Por perion)$ XXXXXXX
BODILY INJURY (Per accident)$ XXXXXXX
6 XXXXXXX
$ XXXXXXX
E x UMBRELLA UAB
EXCESS LIAB
X OCCUR
CLAIMS-MADE
N N TUU 26372t300 7t3v20t8 7t3v70t9 EACH OCCURFENCE s 2O.0OO.000
AGGREGATE $ ?O 0ôO noO
DED RETËNIIÔN S $ XXXXXXX
B
\4'ORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPBIETOB/PARTNEF/EXECUNVE
OFFICER/T4EMBER EXCLUDED?
(Mandatory in NH)
lfyes, dôBcribo unde¡
DESCRIP IION OF OPERATIONS bnlôw
ffi N/A
N wc0l7ó3ó2-04 7/3t/2018 7t31t20t9 X PERqÎÂlt tÎÊ IrÞ
É.L. ÉACH ACCIDENT s I OOO OOO
E.L, DISEASE. EA EMPLOYET $ 1.000^000
E.L. DISEASE . POLICY LIMIT s I 0O0 O0O
C
D
POLLUTION LIABILITY
CONTRACTORS
EQUIPMENT
N N cPL0 I 76382-04
QT-660-8739M2 I 3-TrL- I I
713lt20t8
7/3120t8
713v20t9
713t/2019
S1000000 LIMIT; $ 10,000
DEDUCTIBLE*'r' See At(ached**
OESCRIPIIONOFOPERAÍIONS/LOCAÎIONS/VEHICLES (ACOBDlol,AddltlonalRéma.ksschedule,maybôattachsd¡tmorespacèisrequlrod)
RE: I 8001 OId Cutler Rd Sui(e 554, Pâlmetto. Bây, FL 33 157. Old Cutlcr Prope rty Services, LLC patmerro Bay Village Center,
Additional lnsuted as respect to General Liability as per rvritten contract, subject tó tem1s, conditions anrl exchiions oi policy.
LLC is/are included as an
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIHATION DATE THEFEOF, NOTICE WILL BE DELIVERED IN
ACCOBDANCE WTH THE POLICY PROVISIONS.
14845128
17777 Old Cutler Rd, LLC
c/o Pâlmetto Bay VIIlage Center
I 8001 Old Cutler Rd
Suite 552
Palmetto Bay FL 33 I57 AUTHORIZED
ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD
All rights reserved.
nvrro
Services
o as te
roup ln c.,
Resume of Qualifications
18001 Old Cutler Road, STE 554-Palmetto Bay, Ft, 331 57 0-(877) 637-9665 F-(877) 637-9659
www. Env irowasteserv icesgroup.com
Honorably Serving the Entire State of Florida and Will Serve Other States if Neededl
CCTV Video Inspecticln
EnviroWaste's CCTV (closecl r..;apl¡oned television) inspection Lrses ct¡stclm controlled cameras to locate wreckage
within the pipes. Our remote controlled cameras operate on a four-wheel sled and allow the customer to see the
exact condition of their drainage system to identify the problem and its severity. ESG even offers a new technology
that provides cured in place lining services which rehabilitates damaged pipes of any diameter without the costly
excavation, while keeping disruptions of servrce to the very minimum.
18001 Old Cutler Roacl, Sl'E 554-Palmetto Bay. Irl- 33157 0-(877) 637-9665 F-(877) 637-9659
rvww. Dnv irowasteserv icesgroup.cotx
n
lnflow and lnfiltration
l/l Study
lnflow and infiltration occurs when clean ground water or storm water enters a sewer system through improper
connections, cracked pipes, and defective joints.
lnflow is the term used to explain when the surface water enters a sewer system through
lmproper connections of yard, roof, and cellar drains, cracked pipes, holes in manhole covers, catch basins, and
cross connections between storm and sanitary sewers.
lnfiltration occurs when the ground water enters the wastewater system through deteriorated manholes, cracks, and
leaks in the joínts.
After a rain or snow storm the inflow and infiltration sources begin filling up the sanitary sewer systems with clear
water. These systems eventually become full resulting in the waste water to flow out at a significantly higher water
level. lf drains and sanitary fixtures are below this overload level water will bo able to flow back through the sanitary
sewer pipe. As a result, there will be flooding in homes and manholes will burst open, allowing the wastewater onto
the streets.
These are the following 3 methods of identifying lnflow and lnfiltration:
1. Smoke Testing
2. Flow Monitoring
3. Television lnspection
Flow Monitoring is when special measuring devices are inserted into the sewer lines
to monitor the amount of water flow¡ng through the wastewater system.
18001 Old Cutler Road. STE 554-Palmetto Bay. F'l- 331 57 0-(877) 637-9665 F-(877) 637-9659
www. Env irorvasteserv icesgroup.com
Støte of Florídø
D;epørtment of Støte
I certi$ from the records of this office that ENVIROWASTE SERVICES
GROI"iP, INC. is a corporation organized under the laws of the State of Florida,
filed on February 13, 1998.
The document number of this corporation is P98000014467.
I further cefiþ that said corporation has paid all fees due this office through
December 31, 2018, that its most recent annual report/uniform business report
was frled on September 11,2018, and that its status is active,
I fi¡rther certif, that said corporation has not frled Articles of Dissolution.
Glven under my hand and the
Great Seol of the State of Florìda
ú îallahassee, the CøpttøL, thß
the Elghth day of October, 2018
V.r^ 0.tr"
lc
Secretary of State
Trecking Number: CU9E03489019
To ¡uthcnflcrtc lhis cerlific¡tc,visit fhe following site,entcr thls number, ¡nd thcn
follow the instructions dlsplayed.
httpr://sewlccs.runbiaorg/Fillngs/Ce rtlliceteOfSt¡tus/Ccriilic¡teAuthenÍicetion
Certification# C201828200290-l Reference# C201828200290- Page: 5 of 5
COMPANY INFORMATION
EnviroWaste Services Group, lnc.
18001 Old Cutler Road, Suite 554, Miami, FL 33157
(305) 637-9665, Fax (305) 637-9659, (877) 637-9665
License: # QB 32296
cGC 060385
Current and Prior Experience
I I Project Name: City of Miami Beach, FL
Project Title: Routine & Emergency Sewer Repairs ITB 1 13-2013
Budget: $ 2,500,000 per year
Time period: September 2013- September 2018
Synopsis: ESG has been contracted to provide sewer rehabilitation services for
the City of Miami Beach including CIPP rehabilitation, sewer cleaningffV'ing, point
repairs. EnviroWaste cleans and inspects the City's sanitary sewer system and
makes the recommendation for repairs, and performs the repairs. EnviroWaste
Services Group has installed 180,000' of mainline CIPP for the City since 2008.
Before this contract, ESG also held two different JOC contracts with the city doing
any and all horizontal work, including but not limited sidewalks, outfalls, seawalls,
landscaping, canoe launch ramp, installing new water mains, storm water pump
stations. More than 200 sanitary sewer manholes have been lined with cement.
Gontact: Eric Carpenter 305-673-7080 EricCarpenter@miam ibeachfl.gov
iìOwner: City of Hollywood
Project Title: 1 1-7063, 13-7068, 16-7078 Sanitary Sewer Ëval. And Repair
Budget: $ 3,500,000
Time period: 201 1-current
Scope: ESG has been contracted to cctv, clean and perform full line and point
repair sewer replacements. The above lists three separate contracts, we are
currently on contract number four. Since 2011 ESG has been the only company
performing work on the City's sewer system. Over 750 excavated point repairs have
been done for the City as large as 30" in diameter and 18' in depth.
Contact: Jose Polanco Ph: 7 54-208-9443 JPOLANCO(ôhollvwoodfl.orq
L'lOwner: FDOT
Project Title: 87L52 Desilting and Video lnspection of Storm Sewer System
Budget: $ 6,000,000
Time period: January 2017-2019
Scope: ESG has been contracted to cctv and clean the FDOT owned storm water
system in Hillsborough, Pasco, Pinellas, Hernando, and Citrus Counties, ln addition to
standard cleaning and inspections, ESG has removed over 10,000 cubic yards of debris
from box culverts.
Contact: Pedro Lopez Ph: 8't 3-975-61 07 pedro.Lopez(Odot.state.fl.us
t lOwner: FDOT
Project Title: 85T90 Desilting, Video lnspection, and CIPP of Strom Sewer System
18001 Old Cutler Road, S]'E 554-Palmetto Bay. FI- 33157 0-(877) 637-9665 F-(877) 637-9659
www.Env irowasteserv iccsgroLrp.colr
Synopsis: ESG has been contracted to provide horizontalgeneral contracting
services for the City of Miami Beach including CIPP rehabilitation, sewer
cleaning/TV'ing, point repairs, demolition, drainage, paving, sidewalks, curbs,
gutters, excavation, and all other "horizontal" construction services, EnviroWaste
cleans and televises all of the outfalls located with the City of Miami Beach,
Specifically we have extensively cleaned storm sewer and many outfalls within the
city.
Contact: Eric Carpenter 305-673-7080 EricCarpenter@miamibeachfl.gov
u Project Name: Town of Cutler Bay
Project Title: Miscellaneous Construction and Repairs Town Wide
Budget: $ 1,500,000/year
Time period: July 2008 - Current
Synopsis: ESG has been contracted to provide clean storm sewers, remove and
replace sidewalks, asphalt roadways, drainage repairs, along with other
miscellaneous tasks. ESG has installed new or replaced more than 200,000 LF of
sidewalks, and paved over 200,000 SY of asphalt roads.
G o ntact : Alfred o Q u i ntero 3A5 -234-4262 aq u i ntero@cutlerbay-fl. gov
ilGlient Name: Manatee County
Project Title: Wastewater Hauling Emergency Contract
Budget: $ 250,000
Time period: September 2014
Synopsis: ESG has been contracted to províde emergency vactor and vacuum truck
services for all of Manatee County
Contact: Bonn ie Sietman 941 -7 49-3046 bonnie. sietman@mymanatee. org
t.J Project Name: Pasco County, FL
Project Title: Wastewater Hauling Emergency Contract
Budget: $ 250,000/year
Time period: October 2011 - Current
Synopsis: ESG has been contracted to provide emergency vactor and vacuum
truck services for all of Pasco County, as many as 13 trucks at the same time
Contact: Edward Gribble 727 -834-3358 ebribble@pascocountyfl.net
{-J Project Name: Hillsborough County, FL
Project Title: Wastewater Pumping and Disposal Contract
Budget: $ 2,000,000/year
Time period: December 2013 - Current
Synopsis: ESG has been contracted to provide emergency and scheduled vactor
and vacuum truck services for all of Hillsborough County, ESG has regularly hauled in
excess of 100,000 gallons per hour during emergency situations.
Contact: David Lundberg 81 3-663-3229 !undberqd(Ohillsborouqhcountv.orq
{-l Project Name: Hillsborough County, FL
18001 Old Cutler Road, STE 554-Palmetto Bay, FL 331 57 0-(877) 637-9665 F-(877) 637-9659
www. Env irowasteservicesgroup.com
Void Filling (Y8-1034, Y8-1110, Y9-1022,Y11-112, Yl2-1060, Y13-1083, Y14-1075,
Y14-1025, Y17-100)
Budget: $ 3,000,000 per year
Time period: June 2008 - Current, 9 separate contracts
Scope: ESG has been contracted to provide various drainage related contracting
services for Orange County, FL, including cleaning, video inspection, chemical
grouting, internaljoint seals, sonar inspection, ground penetrating radar, soil
stabilization, injection holes, and injection & sealing of cracks. ESG has pumped more
than 30,000 Cubic Feet of grout for soil stabilization, cleaned and inspected over
2,000,000 Lf of 12-96" storm sewer, and grouted thousands of joints.
Contact: Bill Blackham 407-836-6805 William.Blackham@ocfl.net
Ll Owner: City of Ocala
Project Title: Sanitary Sewer System lnspection, Cleaning
Budget: $ 1,250,000
Time period; 2008 - 2016
Scope: ESG has been contracted to provide cleaning and inspection of sanitary
sewer as well as smoke testing. 750,000 LF of sewer were smoke tested.
Contact: Edwards Earnest Ph: 352-629-8521 Fax: 352-629-8242
Eearnest@ocalafl.org
il Project Name: City of Miami Beach, FL
Project Title: Smoke Testing
Budget: $ 350,000
Time period: July 2010 - July 2012
Synopsis: Smoke testing of 700,000+ feet of sanitary sewer along with related report
submittal.
Contact: Eric Carpenter 305-673-7080 EricCarpenter@m iamibeachfl . gov
rl Project name: 5-782 Lateral Sewer Testing - 2005-2007
Location: Miami-Dade Water & Sewer Department
Budget: $ 3,300,000 (completed at $ 2,450,000)
Time period: 2 years
Synopsis: ESG was contracted to test approximately 6,000 sanitary sewer service
lateral connections in 40 lift stations throughout Miami-Dade County. The lines
were tested using the pressure test and/or the smoke test method. This pilot study
program, the first of its kind in the U.S., was requested to determine the l&l
problems with the lateral connections throughout the County.
Contact: Míg uel Pichardo 7 86-258-2573 Miguel. Pichardo@miamidade. gov
ll Project name: S-793 Sanitary Sewer Service Laterals CIPP Rehabilitation
Location: Miami-Dade Water & Sewer Department
Budget: $ 500,000
Time period:2006
Synopsis: ESG was contracted by the Prime Contractor to line 95 sanitary sewer
service laterals throughout areas of Miami-Dade County.
18001 OldCutlerRoad,STE554-PalmettoBay,FL33l5T 0-(877)637-9665 F-(877)637-9659
www. Env irowasteserv icesgroup.com
Time period:
Synopsis: ESG was subcontracted by a Prime Contractor to provide various storm
sewer services. The scope of services includes CIPP lining, storm drain cleaning,
and video inspection. The installation of liners included sizes ranging from 15" to
36".
u Project name: Sanitary Sewer Service Laterals CIPP Rehabilitation
Location: Kenneth City, FL
Budget: $ 60,000
Time period: 2006
Synopsis: ESG was contracted by the Prime Contractor to line 45 sanitary sewer
service laterals throughout areas of Kenneth City, FL.
t.l Project name: Sanitary Sewer Evaluation Study & Repairs
Location: Homestead Air Reserve Base, FL
Budget: $ 126,000
Time period: 2007
Synopsis: The project consisted of evaluating the sanitary sewer system by
smoke testing, followed by fuúher evaluation by cleaning and video inspection.
This resulted in a variety of repair methods such as CIPP lining, CIPP sectional
repairs, installing cleanouts, restoration of manholes, raising chimneys, installation
of new sanitary pipes, service reinstatement, open cut point repair, chemical
grouting of joints, and site restoration.
tì Project name: Sanitary Sewer Evaluation Study & Repairs
Location: Miami lnternational Aírport, FL
Budget: $ 71,000
Time period: 2OO7-2008
Synopsis: The project consisted of evaluating the sanitary sewer system by
cleaning and video inspection. This resulted in a variety of repair methods such
as CIPP lining, CIPP sectional repairs, installing cleanouts, installation of new
sanitary pipes, service reinstatement, open cut point repair, chemicalgrouting of
joints, and site restoration.
l.J Project Name: City of North Bay Village
Project Title: SSES and Sanitary Sewer Repair
Budget: $ 1,500,000
Time period: January 2007 - Current
Synopsis: ESG has been contracted to perform a complete sanitary sewer system
evaluation of the city along with associated repairs. Part of this project has been the
repeated smoke testing of the system throughout the years. Over 600,000 feet of pipe
has been smoke tested.
Contact: Juan Valiente Ph: 305-865-0506 jvaliente@nbvillage.com
LL Project Name: City of Orlando
18001 Old Cutler Road, STE 554-Palmetto Bay, FL 33157 0-(877) 637-9665 F-(877) 637-9659
www. Env irowasteserv icesgroup.com
Contact: Alfredo Quintero Jr. 305-234-4262aquintero@cutlerbay-fl.gov
tJ Project Name: Town of Cutler Bay, Fl.
Project Title: Stop Bar Striping City Wide
Budget: $ 78,000
Time period: September 2009-Current
Synopsis: lnstalling 520,24" Stop Bars with 50' Double Yellow Striping with RPMs at
stop signs when required.
Contact: Alfredo Quintero Jr. 305-234-4262aquintero@cutlerbay-fl.gov
t-Ì Project Name: City of Miami Beach, FL
Project Title: SSES
Budget: $ 3,950,000
Time period: 2009-2011
Synopsis: ESG has been contracted to locate and repair defiecincies in the City of
Miami Beach's waste water and storm water system. Point repairs were performed,
manholes were replaced, paving, curb and gutter, asphalt, well points, dewatering.
Gontact: Eric Carpenter 305-673-7080 EricCarpenter@m iamibeachfl . gov
ll Project Name: City of Miami Beach, FL
Project Title: Licoln Road West Street End lmprovements and Seawall
Budget: $ 750,000
Time period: 2010
Synopsis: ESG has been contracted to renovate the west street end of Lincoln Road in
the City of Miami Beach. The work includes the installation of a new outfall, relocation of
a fire hydrant, installation of brick pavers, sidewalk, curb and gutter, asphalt, pouring a
new seawall cap and sheet piles, landscape as well as all new street and landscape
lighting.
Gontact: AaronSinnes30S-898-8100aaronsinnes(@qmail.com
uOwner: FDOT District Vl - Miami, FL
Project Title: Sidewalk Repair
Budget: $ 200,000
Time period: August 2008 - August 2011
Scope: ESG has been contracted to provide sidewalk repair for the Florida Department
of Transportation.
LJOwner: Village of Pinecrest, FL
Project Title: Sidewalk Repair
Budget: $ 100,000
Time period: March 2009 - August 2009
Scope: ESG has been contracted to provide sidewalk repair for the Village of Pinecrest.
Ll Owner: FDOT
Project Title: E7K39 Desilting and Video lnspection of Strom Sewer System
Budget: $ 225,000
18001 Old Cutler Road, STE 554-Palmetto Bay, FL 33157 0-(877) 637-9665 Ir-(877) 637-9659
www. Env irowasteservicesgroup.com
rl Project Name: FDOT - Miami Dade 86D75
Project Title: Maintenance contract
Budget: $ 200,000 per year
Time period: 2006-2047
Contact: Mary Lou Karner 305-256-6330
Synopsis: ESG was contracted by the FDOT to clean and inspect the storm
drainage system within the county, large diameter pipes.
t,l Project Name: FDOT - Lake County E5M28
Project Title: Maintenance contract
Budget: $ 225,000 per year
Time period: 2009
Synopsis: ESG was contracted by the FDOT to clean, inspect, and repair the
storm drainage system within the county.
i.l Project Name: FDOT - Deland H-5069
Project Title: Emergency Clean up contract, Hurricane Frances
Budget: $ 189,000
Time period:2004
Synopsis: ESG was contracted by the FDOT to clean the storm drainage system
within the county after Hurricane Frances.
tJ Project Name: FDOT - Miamí Dade H-6069
Project Title: Emergency Clean up contract, Hurricane Wilma
Budget: $ 1,000,000
Time period: 2005
Contact: Mary Lou Karner 305-256-6330
Synopsis: ESG was contracted by the FDOT to clean the storm drainage system
within the county after Hurricane Wilma.
Ll Project Name: FDOT - Miami Dade, Key West H-6065
Project Title: Emergency Clean up contract, Hurricane Wilma
Budget: $ 200,000
Time period: 2005
Contact: Mary Lou Karner 305-256-6330
Synopsis: ESG was contracted by the FDOT to clean the storm drainage system
within the county after Hurricane Wilma.
LJ Project name: Citywide Storm Drain Cleaníng - 2006
Location: City of Miami, FL
Budget: $ 1,900,000 (in-budget)
Time period: 3 months (within 25% of time schedule)
Contact: Eli Estevez 305-416-1200
Synopsis: ESG was contracted to perform storm drain cleaning services of
18001 Old Cutler Road, STE 5S4-Palrnetto Bay, FL 33157 0-(877) 637-9665 F-(877) 637-9659
www. Env i rowasteservicesgl'oup.com
associated work.
l,.l Project name: Hurricane Katrina drain cleaning - 2005
Location: Jefferson Parish, LA
Budget: $ 1,200,000 (in-budget)
Time period: 1 month (in-time)
Synopsis: ESG was contracted to perform storm drain cleaning services of
various pipe diameters throughout Jefferson Parish, LA, in response to Hurricane
Katrina. ESG mobilized a fleet of jetter/vacuum trucks within 24 hours to assist in
clean-up of Parish.
t-J Owner: Town of Miami Lakes, FL
Project Title: General Roadway Construction
Budget: $ 700,000
Time period: July 2008 - July 2012
Scope: ESG has been contracted to provide general roadway construction
services for the Town of Miami Lakes, FL including drainage, paving, sidewalks,
curbs, gutters, etc.
L.lOwner: FDOT District Vl - Miami, FL
Project Title: Sidewalk Repair
Budget: $ 200,000
Time period: August 2008 - August 2011
Scope: ESG has been contracted to provide sidewalk repair for the Florida
Department of Transportation.
ilOwner: City of Miami, FL
Project Title: Slab Covered Trench Cleaning
Budget: $ 360,000 lyear
Time period: 2008 - 2412
Scope: ESG has been contracted to clean slab covered trenches for the Gity of
Miami.
REFERENCES
Sewer refers to storm and sanitary.
t..l Miami Dade County W&SD(Sewer) - Miguel Pichardo -786-258-2573
t.,1 City of Sunrise(Sewer) - Gio Batista (954) 815-8861
t-lTown of Cutler Bay(Storm & Construction)- Alfredo Quintero (786) 348-5323
il Village of Pinecrest (Sewer) - Gary Krackenberg (305) 301-9825
n City of Doral (Sewer)- Carlos Arroyo (786) 367-5083
n City of Hollywood(Sewer)- Jose Polanco (954) 921-3930
Ll City of Coral Gables(Sewer & Construction) - Noel Polo (305) 460-5422
18001 Old Cutler Road, STE 554-Palmetto Bay, FI- 331 57 0-(877) 637-9665 F-(877) 637-9659
www. Env irowasteservicesgroup.com
roup, lnc.
as tenvrro
Services
a
Quality Assurance / Quality Gontrol Plan
As adopted from NASSCO
EnviroWaste Services Group (ESG) is committed to providing an excellent end product
to their clients. To that end, ESG has adopted a program based on the guidelines of
National Association of Sewer Service Companies. These QA/QC guidelines cover
three phases of a project: Project Planning, Project Deployment, and Project Delivery. lt
is important, but often overlooked, to start any QA/QC program at the beginning of the
project, instead of waiting until the very end.
PROJECT PLANNING:
Project planning should begin immediately upon contract ratification
' Obtain a list of pipelines to be inspected in Excel format. List should include US and
DS manhole numbers, Pipe Segment Reference (PSR) Number, size, material, length,
map page, and other pertinent information.
. Obtain maps from clients'GlS system, Maps should include, at a minimum, all project
pipelines and manholes with the PSR numbers and manhole numbers listed, street
names, and street and property boundaries.
. Obtain GIS Shape or Geodatabase files for the inspection area, if desired, and useful.
. Obtain from Owner what version of PACP software that they are using.
PROJECT DEPLOYMENT:
After the project planning phase, and a start date is set, the crew will mobilize to the site
and begin inspection operations. The following QA/QC guidelines should be followed:
. Enter correct Upstream and Downstream MH lD's and Pipe Segment Reference.
Alternatively, you can repopulate the header information by importing the GIS pipeline
data obtained from the client into the PACP software. This will help reduce data entry
errors.
. Ensure camera is in focus and there is no debris on the lens that will result in an
unacceptable video, All remaining PACP inspection procedures should be followed.
. A field log should be maintained, and all completed inspections recorded as the work
progresses, lt is good practice to expand the project spreadsheet provided by the client
with additional columns for information that can be added in the field. lnspection
Completion Date, Actual Diameter, Actual Material, lnspected Length, and a Comments
section to note any general observations or concerns that you would like the client to
know immediately. Accurate field records at this point will help the final QA/QC process
before delivery.
PROJECT DELIVERY:
Accurate and complete data delivery is the most important part of the project, and is
what the Owner has hired the Contractor to provide. Any errors in the data will
Headquarters: 18001 Old Gutler Road, Suite 554, Miami, FL 33157 (877)637.9665 Fax (305) 637.9659
www.envirowastesq.com email: info@envirowastesg.com
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NASSGO CERTIFICATIONS
1 Alberto Lopez u-1 1 1 6-7006063 11t18t19 ORL
3 TPABËLMERMOLANO43787
4 Belmer Molano u-'t 1 16{7006061 11t18t19 Altâh
5 Christopher Cole u-081 7{7008963 08t10t20 TPA
A Edniu Velasquez u48 1 7-7008958 08110t20 Corporate
7 Elver Salgado u-081 7{7008966 08t10t20 Corporate
I Felvin Figueroa u-31 3-1 763 1 11118t18 ORL
I Frank Lindner u-081 747008961 08t10t20 BRW
10 Hopêton Wellington u-081 7-070R04249 08t10t20 Corporate
12 Jonathan w¡lliams u481 747008964 08t10t20 TPA
IJ JOSË MOLINA 43659 TPA
15 Leyma Matozinho T-908-7324 ost28l19 Corporate
16 Lu¡s Sânchez u481 7{70R04251 08t10t20 MIA
17 Miguel Paloma u-081 7{7008959 08t10t20 MIA
18 Miguel Romaguera u-081 7470R04250 08t10t20 MIA
{o Nelson Colon u4B1 7-7006062 08t10t20 ORL
20 Pedro Ortiz 7006064 ORL
21 Rafael Naveiras u-1 1'1647006060 111'18t19 BRW
22 RANDALL MILLER 44039 TPA
23 Steven Peregrine u-081 7-7008965 08t10120 TPA
Nanre Lâst Name Certifrcate No.Ê.xpiration Location
201806051a20221,4
OFFICIÀIJ DOCTIMENT
MIAM
Regulatory and Econom¡c Rcsources
Invironnrent¡l Resources Marragernent
70i NW lst Court . 7th floor
Miar¡i, Floricla 331 :J6-ltJl 2
T 305-372-6600 F 305-372-6893
miamidade,gov
ÎNC.
Permle NÒr Lw-000520-2018,/2019 (ST)-ST
PerníÈ Issued To! EI{VIROWÀSTE SERyICES GROltP.
FaciLíty Location¡ 21500 S DIXIË ¡{l{Y
MIÀMI. FI, 33189-
conÈacÈ Nane/Àddress:
AtÈa: Paul Quenlel
ENVIROWÀSTE $ERVICES CROUP, INC
XSOOX OLD CUTLER ROÀD #554
MrÀ¡fr, FL 3315?-
LÏQUTD $'ASTE TRÃNSPORTERS
ANNUAL OPERÀTTNG PERMÍT
ÞESCRIPÎION OT FÀCII,ITY/EQUÍPMENT
Thj-s document., issuerl uncler t.he provj.sj-ons cif Chalrter 24, Miami-Þ¿1de counÈy code (Dade CÕunty
Ênvironmental Protect,iÕn ôrdinance), shal1 be valid from Àpril- 01, 2Ol^8 t.hTough March fl, 2019, Ttre
above named pelmif.tee, is herêb]' auLl'torizecl to operàte.ì$ a l,i.qui.d s¡ü,.jt:e'fransporuâ.tioÌr bnsj-ness from
Lhe above locatrion, and Hitil the equipmenÞ bearing the 49 identifying sc.icker(s) incl-uded with rhís
permiL -
'fhis facility is subject Eo condi[ions list.ed below cìnd iu Ehe fo]lowing pagee (j.f aüy) of thi:l
pr: .r.miL.
s?EcrFrc co!{DfTloNs
1. Compl.eterl mÕnth]y repÕr:ing forms (prÕvíded lly tihe Depå].tftetÌf.] ând corresponding fees shall be
submir.ted c.o Ehe DepârLment on or before tì¡e 20th day of che follouing month-
2. All .JúasLe ¡ransported under Lllis permit shall be manifested r"rsing che eManifest. for-rns.
L lnformation frôn Lile requ.j.red e¡vlanj.fest forms shåll be entered online cn or bêfore t.he 20th ôf
Lhe fo]lowing monLh usi.ng f,he follovring lj.nk and LemÐorary password: https://wwwS.niamj.dade.gov-
/apps/rer/i.'i.r{uj.di,¡åsteTransporterEl.ec;LrorÌicManj.fest/'Default. Temporary paã.sword for new
transjpo!-ter5 : Llot,l 2 3,1 5
4, Dj"sposà:I. of wast-e in ¡4iami-Dade Counly shal,l be âL a Dep¿rrLmentr ctpproved iarcilitl,. Hauled wasteinEroduced it¡to a Publicly owned ?rea!.ment Works (poîï) shåIl be on.l"y åt Jocat,ions cle,.iig¡1;rbecl ¿ndapprÕved by che Delr¿rrLntènL.. No w¿ì.r¡i.e shaLl" be deposiLed at any other site oï- sLTuctule in
Miami-Dade Ccunty^
5. Only septage, stôrmwater, portabJ.e toitet and greaËe inëerceptor wasue ar€ auehorizêd [o beLran.Ìportecl for disposal åb a Miami-Dâde CorulLy !¡a$tcw.¡t.er: Treâf.merit Ftant (WWTP) .
6- The clischarge of aLl haulÈd wasie aÈ a !.lwTP is subject. Lcr SecLiott 24-s2.4, ce¡¡eral p¡eLreat.ment
su¿lndards alrd Genera.]. Loca]. Prohil'riii.ons, and any ôt.her applicable requirement.s esrablíshed byMiami-Dade County.
'¡. Transpore of non-hazardôus waste {Õ!ì1er t.hãn sept.age, stormwâCer, pori.able CoileL anci greasei.nLerc:ep[r)r wårìl"e) for ci j.sposal at è M.iâmi'Dade CounLy ¡¡asbcwat.cr TreaLment plant (]nrJ.¡p) shalLrequire príor joint. and wrj,Et.en approval from this Depart.ment and llìe disposal. facil-lt.y. A]Lappr:ovecl non-hazar:dous indr¡sr-ria1 wâsLe water$ {OEhêr' Waste) L.ran$porbed s¡alt ¡e tíst¿dsepârâEely on che elvlanifest form and Liquid l^raste Transport.ers Mon:hty Repc,rL, detåiLing name ofaoltrce. address, date, amount of wêst.e, ancl locaLio¡r cf disposal.
8. TrànBporb of wast,e Lo or from l"liami-Dade counLy, r:ega|tiLess of the dj.sposål facility js subjectt.o specific and general cÕndiÈions of chis permit.
têê N. Hefty. AsslstaD.t Direceor
Dêpartment, of Regulaloüy år¡d Economíc Rèsourcês,
Enwlroment.al Resourceg Müagement,
Page l- of 2
EXHIBIT O'B''
RATE SCHEDULE
The Rate Schedule for Services performed pursuant to this Agreement are as follows
Totd Bæe Bid (sum of ltonr I througt 1{)
two hundred eighty eight thousand one hundred
(lnWods)
Tol¡l B¡¡e Plu¡ Attuute Sd (rum of lternr f ürcugh f ôf
one hundred four thousand five h
(lnWods)
BID FORiI
Slom Drainage CÞaning and Chserf CIrcuil Televls¡on (CCWIlrnpedon Sewices
fifty four dollars
dollars
s 288,154
(ln Numbers)
$ 104,538.00
(ln Numbers)
Extc¡ded Amount
36,685.00
2,336.00
72.OO
Unll ftlce
1.50
4.00
12{onth
10,817
41,241
206
13,340
7,914
6,172
267
5E4
2,343
418
317
335
4
Unlt
ünear Feet
Fe€t
Fe€t
Fêst
Feet
Feet
Feet
Fe€t
Feet
Feet
Item
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BASE
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I
2
3
4
5
6
7
I
I
10
11
12
13
14
ffendedAmount
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AtTERilATE
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