HomeMy Public PortalAbout2010-36 Authorizing and awarding contract with AshBritt, Inc re Disaster Recovery ServicesRESOLUTION NO. 2010-36
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
AND AWARDING CONTRACT FOR DISASTER RECOVERY
SERVICES; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE CONTRACT FOR SUCH SERVICES;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on July 16, 2010, the Village of Key Biscayne ("Village") issued a Request for
Proposals for Disaster Recovery Services to select a contractor for the removal and disposal of
storm -generated debris within the Village; and
WHEREAS, in response to the Request for Proposals, the Village received four (4)
proposals, and
WHEREAS, the Village Manager has caused the four (4) proposals which were submitted
for the Project to be reviewed for the Village by the firm of Corzo Castella Carballo Thompson
Salman, P.A. ("C3TS"); and
WHEREAS, the Village Manager, utilizing the findings and recommendations of C3TS,
recommends the awarding of the contract for disaster recovery services to AshBritt, Inc.
("Contractor") as the lowest, responsible, responsive bidder, based on unit prices for basic services
in the total amount of $ 4,214.50; and
WHEREAS, the Village Council finds that it is in the best interest of the Village to authorize
and award the Contract for Disaster Recovery Services to AshBritt, Inc. and enter into a Contract in
substantially in the form attached hereto as Exhibit "A" (the "Agreement"), and proceed as indicated
in this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Award of Contract for Disaster Recovery Services. That the award of the
contract for disaster recovery services to AshBritt, Inc. pursuant to the Request for Proposals is
approved.
Section 3. Agreement Approved.. That the Contract attached as Exhibit "A",
substantially in the form attached hereto, between the Contractor and the Village for Disaster
Recovery Services is hereby approved, and the Village Manager is hereby authorized to execute the
Agreement and related or necessary documentation on behalf of the Village, once approved as to
form and sufficiency by the Village Attorney.
Section 4. Implementation. That the Village Manager is hereby authorized to take any
and all action which is necessary to implement the purposes of this Resolution.
Section 5. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 7th day of September, 2010.
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CONCHITA H. ALVAREZ, MMC, VILLAGE CL
APPROVED AS TO FORM AND LEGAL SUFFI
VILLAGE AT
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MAYOR ROBERT L. VERNON
CONTRACT
DISASTER RECOVERY SERVICES
THIS CONTRACT ("Contract") is made this day o , 2011
by and between the Village of Key Biscayne, a Florida municip I cor ration (the
"Village") and ASHBRITT, INC., a Florida corporation (the "Contractor").
The parties, for the consideration provided for below, mutually agree as follows:
1.0 SCOPE OF WORK.
1.1 General Scope of Work
The Contractor shall meet the requirements and perform the work and
services identified in the Request for Proposal for Disaster Recovery
Services dated July 6, 2010 (the "RFP") issued by the Village, the
Contractor's Proposal dated , 2010 (the `Proposal") attached
hereto and made a part hereof as Exhibit "A," the Scope of Services for
Emergency Debris Removal — Natural Disaster — Cut and Toss provided
by the Florida Department of Transportation attached hereto a made a
part hereof as Exhibit "B", the Scope of Services for Emergency Debris
Removal — Natural Disaster — Debris Removal provided by the Florida
Department of Transportation attached hereto a made a part hereof as
Exhibit "C," the Detailed Specifications of the RFP attached hereto a
made a part hereof as Exhibit "D," FHWA Form 1273, Required Contract
Provisions Federal -Aid Construction Contracts, attached hereto and made
a part hereof as Exhibit "E" (collectively, the "Work").
2.0 COMPENSATION/PAYMENT.
2.1 Contractor shall provide the Village with an invoice on a monthly
basis within ten (10) days of the end of each month stating the services
provided in the preceding month.
2.2 The Village shall make payment on said invoices of approved
amounts due, as required under the Florida Prompt Payment Act. No
payments shall be due or payable for Work not performed or materials not
furnished. If there is a dispute with regard to an invoice, the Village may
withhold payment until all requested supporting materials are received
from Contractor and the dispute is resolved.
2.3 The Contractor shall be compensated based upon the rates and
fees schedules as set forth in Exhibit "F" attached hereto and made part
hereof (the "Disaster Recovery Services Fee and Price Sheet").
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3.0 TERM. This Contract shall be effective upon execution by both parties
and shall continue for a term of three (3) years. At its sole discretion, the
Village shall have an option to renew this Contract upon the same terms
and conditions for up to two (2) additional one (1) year extensions (the
"Renewal Option"). This Renewal Option may be exercised at the sole
discretion of the Village Manager. Such extension shall be effective upon
receipt of a written notice from the Village Manager to the Contractor
received no later than 30 days prior to the date of termination.
4.0 NON -WAIVER. The approval, and/or acceptance of any part of the Work
by the Village shall not operate as a waiver by the Village of any other
terms and conditions of the Contract.
5.0 PROTECTION OF PROPERTY AND THE PUBLIC. The Contractor shall
continuously maintain adequate protection of all his Work from damage
and shall protect public and private property from injury or loss arising in
connection with this Contract as follows:
5.1 The Contractor shall take all necessary precautions for the safety of
employees in the performance of the Work on, about or adjacent to the
premises, and shall comply with all applicable provisions of Federal, State,
and local laws, including, but not limited to, the requirements of the Florida
Department of Transportation (FDOT), the Federal Highway
Administration (FHWA), the Occupational Safety and Health Act of 1970,
and amendments thereto, the Construction Safety Act of 1969, and
amendments thereto, and building codes to prevent accidents or injury to
persons on, about or adjacent to the premises where the Work is being
performed.
5.2 The Contractor shall erect and properly maintain at all times, all
necessary safeguards, including sufficient lights and danger signals on or
near the Work.
5.3 The Contractor shall be completely responsible for, and shall
replace and make good all loss, injury, or damage to any property.
6.0 INDEMNIFICATION.
6.1 The Contractor shall indemnify and hold harmless the Village, its
officers, agents and employees, from and against all liability, claims,
damages, losses and expenses, including reasonable attorney's fees and
costs at both trial an appellate levels, arising out of or resulting from the
performance of Work under this Contract, caused by any act or omission
of the Contractor or anyone directly or indirectly employed by Contractor
or anyone for whose acts Contractor may be responsible or liable.
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6.2 This indemnification obligation shall survive the termination of this
Contract.
6.3 The Contractor shall defend the Village or provide for such defense,
at the Village's option.
6.4 The Contractor shall be held responsible for any violation of laws,
rules, regulations or ordinances affecting in any way the conduct of all
persons engaged in or the materials or methods used by him, on the
Work. Contractor shall give all notices and comply with all laws,
ordinances, rules, regulations and orders of any public authority bearing
on the performance of the Work under this Contract. Contractor shall
secure all permits, fees, licenses, and inspections necessary for the
execution of the Work, and upon termination of this Contract for any
reason, Contractor shall transfer such permits, if any, and if allowed by
law, to the Village.
7.0 CONTRACT DOCUMENTS. The following documents shall, by this
reference, be considered part of this Contract:
Instructions to Proposers;
Proposal requirements;
Proposal Form;
All Addendums;
FDOT Scope of Services — Emergency Debris Removal — Natural
Disaster — Cut and Toss;
FDOT Scope of Services - Emergency Debris Removal — Natural
Disaster — Debris Removal;
Detailed Specifications;
Qualification Statement;
Public Entity Crime Form;
Insurance Certificates;
Anti -Kickback Affidavit;
Non -Collusive Affidavit;
Drug -Free Workplace;
Certified Corporate Statement;
Disaster Recovery Services Fee and Price Sheet; and
Documentation Requirements for FHWA-ER & FEMA
Reimbursement (Contract Work) attached as Exhibit "G".
8.0 CONTRACTOR'S EMPLOYEES.
8.1 The Contractor shall have at all times an English speaking,
competent supervisor on site who thoroughly understands the Work, who
shall, as the Contractor's agent, supervise, direct and otherwise conduct
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the Work. Contractor's employees shall serve the public in a courteous,
helpful, and impartial manner.
8.2 Contractor's employees shall wear an identification badge or card
that provides proper identification of both the Contractor's company and
the name of the employee, as approved by the Village Manager or his/her
designee.
8.3 Contractor shall, upon receipt of a written request from the Village
Manager, immediately exclude any employee of Contractor from providing
Work under this Agreement.
8.4 The Work contemplated in this Contract is on public property,
accordingly no alcoholic beverages shall be allowed.
9.0 VEHICLES AND EQUIPMENT. Contractor shall have on hand at all
times and in good working order such vehicles, machinery, tools,
accessories, and other items necessary to perform the Work under this
Contract. All vehicles used by Contractor to provide services under this
Contract shall contain proper identification of the name of Contractor
(which may be an adhesive sticker), cubic yardage of the vehicle and the
number of the vehicle legible by the public. The Village may require the
repair or replacement of equipment as reasonably necessary.
10.0 INSURANCE. Contractor shall secure and maintain throughout the
duration of this Contract, insurance of such type and in such amounts
necessary to protect its interest and the interest of the Village against
hazards or risks of loss, as required by the Village, and at a minimum as
specified below. The underwriter of such insurance shall be qualified to do
business in Florida, be rated AB or better, and have agents upon whom
service of process may be made in the State of Florida. The insurance
coverage shall be primary insurance with respect to the Village, its
officials, employees, agents and volunteers. 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 a minimum of:
10.1 Worker's Compensation and Employer's Liability Insurance:
Coverage to apply for all employees for statutory limits as required by
applicable State and Federal laws. The policy must include Employer's
Liability with minimum limits of $500,000.00 each accident.
10.2 Comprehensive Automobile and Vehicle Liability Insurance:
This insurance shall be written in comprehensive form and shall protect
the Contractor and the Village against claims for injuries to members of
the public and/or damages to property of others arising from the
Contractor's use of motor vehicles or any other equipment and shall cover
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operation with respect to onsite and offsite operations and insurance
coverage shall extend to any motor vehicles or other equipment
irrespective of whether the same is owned, non -owned, or hired. The limit
of liability shall not be less than $300,000.00 per occurrence, combined
single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive that the latest
edition of the Business Automobile Liability Policy, without restrictive
endorsement, as filed by the Insurance Services Office.
10.3 Commercial General Liability. This insurance shall be written in
comprehensive form and shall protect the Contractor and the Village
against claims arising from injuries to members of the public or damage to
property of others arising out of any act or omission to act of the
Contractor or any of its agents, employees, or subcontractors. The limit of
liability shall not be less than $1,000,000.00 per occurrence, combined
single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest
edition of the Commercial General Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must
include: (1) Premises and/or Operations; (2) Independent contractors and
Products and/or completed Operations; (3) Broad Form Property Damage,
Personal Injury and a Contractual Liability Endorsement, including any
hold harmless and/or indemnification agreement.
10.4 Certificate of Insurance. Contractor shall provide the Village
Manager with Certificates of Insurance for all required policies. The
Certificates of Insurance shall not only name the types of policy(ies)
provided, but also shall refer specifically to this Contract and shall state
that such insurance is as required by this Contract. The Village reserves
the right to require the Contractor to provide 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 or
policies 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 Manager.
10.5 Additional Insured. The Village is to be specifically included as
an Additional Insured for the liability of the Village resulting from
operations performed by or on behalf of Contractor in performance of this
Contract. 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 Contractor's insurance. Contractor's insurance shall contain
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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 in the same manner as if separate policies had been
issued to each.
10.6 All deductibles or self -insured retentions must be declared to and
be approved by the Village Manager. The Contractor shall be responsible
for the payment of any deductible or self -insured retentions in the event of
any claim.
11.0 ASSIGNMENT AND AMENDMENT. No assignment by the Contractor of
this Contract or any part of it, or any monies due or to become due, shall
be made, nor shall the Contractor hire a subcontractor to perform its
duties under this Contract without prior written approval of the Village.
This Contract may only be amended, by the parties, with the same
formalities as this Agreement.
12.0 TERMINATION.
12.1 Either party may terminate this Contract without cause upon 90
days written notice to the other party
12.2 Upon notice of such termination, the Village shall determine the
amounts due to the Contractor for Work performed up to the date of
termination. The Contractor shall not be entitled to payment of any lost
profits or for Work performed after the date of termination.
12.3 After receipt of a notice of termination, and except as otherwise
directed, the Contractor shall stop all Work under this Contract, and shall
do so on the date specified in the notice of termination.
12.4 The Village may terminate this Contract upon five (5) days written
notice if the Contractor defaults on any material term of this Agreement.
The Village may also terminate this Contract upon such notice as the
Village Manger deems appropriate under the circumstances in the event
that the Village Manager determines that termination in necessary to
protect the public health, safety or welfare.
13.0 GOVERNING LAW. This Agreement shall be construed in accordance
with and governed by the laws of the State of Florida. Venue for any
litigation arising out of this Agreement shall be proper exclusively in
Miami -Dade County, Florida.
14.0 ATTORNEY'S FEES. In the event either party to this Contract is required
to retain legal counsel to enforce any of its rights under this Contract, the
prevailing party shall be entitled to recover its reasonable attorney's fees
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and costs from the non -prevailing party together with court costs incurred
in any litigation at any trial and appellate proceedings.
15.0 ACCESS TO PUBLIC RECORDS. The Contractor shall comply with the
applicable provisions of Chapter 119, Florida Statutes. The Village shall
have the right to immediately terminate this Contract for the refusal by the
Contractor to comply with Chapter 119, Florida Statutes. The Contractor
shall retain all records associated with this Contract for a period of three
(3) years from the date of termination.
16.0 INSPECTION AND AUDIT. During the term of this Contract and for three
(3) years from the date of termination, the Contractor shall allow Village
representatives access during reasonable business hours to Contractor's
and Subcontractor's records related to this Contract for the purposes of
inspection or audit of such records. If upon audit of such records, the
Village determines the Contractor was paid for services not performed,
upon receipt of written demand by the Village, the Contractor shall remit
such payments to the Village.
17.0 SEVERABILITY. If a term, provision, covenant, contract or condition of
this Contract is held to be void, invalid, or unenforceable, the same shall
not affect any other portion of this Contract and the remainder shall be
effective as though every term, provision, covenant, contract or condition
had not been contained herein.
18.0 WAIVER OF JURY TRIAL. The parties irrevocably, knowingly agree to
waive their rights to a trial by jury in any action to enforce the terms or
conditions of this Contract.
19.0 COUNTERPARTS. This contract may be signed in one or more
counterparts, each of which when executed shall be deemed an original
and together shall constitute one and the same instrument.
20.0 INDEPENDENT CONTRACTOR. It is expressly agreed and understood
that the Contractor shall be in all respects an independent contractor, and
that Contractor is in no respect an agent, servant or employee of the
Village. Accordingly, Contractor shall not attain, nor be entitled to, any
rights or benefits of the Village, nor any rights generally afforded classified
or unclassified employees. Contractor further understands that Florida
Worker's Compensation benefits available to employees of the Village are
not available to Contractor, and agrees to provide worker's compensation
insurance as required by applicable law for any employee or agent of
Contractor rendering services to the Village under this Contract.
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All employees and subcontractors of the Contractor shall be considered to
be, at all times, the sole employees or contractors of Contractor, under its
sole discretion and not an employee, contractor or agent of the Village.
21.0 ACCIDENT PREVENTION AND REGULATIONS. Precautions shall be
exercised at all times for the protection of persons and property. The
Contractor and subcontractors shall conform to all OSHA, Federal, State,
County and Village regulations while performing Work under the terms
and conditions of this Contract. Any fines levied by the above -mentioned
authorities, because of inadequacies to comply with these requirements,
shall be borne solely by Contractor responsible for same.
22.0 BACKGROUND CHECKS. At the request of the Village, the Contractor
may be required to conduct background checks on its employees and
subcontractor employees involved in the performance of this Contract.
23.0 CODE OF ETHICS. Contractor warrants and represents that its
employees will abide by all applicable Conflict of Interest and Code of
Ethics Ordinances set forth in the Village Code and Section 2-11.1 of the
Miami -Dade County Code, as these codes may be amended from time to
time.
24.0 COMPLIANCE WITH LAWS. The Contractor shall comply with all
applicable laws, ordinances, rules, regulations, and lawful orders of public
authorities in carrying out Work under this Contract, and in particular shall
obtain all permits from all jurisdictional agencies to perform the Work
under this Contract.
Contractor shall be held responsible for any violation of laws, rules,
regulations or ordinances affecting in any way the conduct of all persons
engaged in or the materials or methods used by him, on the Work.
Contractor shall give all notices and comply with all laws, ordinances,
rules, regulations and orders of any public authority bearing on the
performance of the Work under this Contract. Contractor shall secure all
permits, fees, licenses, and inspections necessary for the execution of the
Work, and upon termination of this Contract for any reason, Contractor
shall transfer such permits, if any, and if allowed by law, to the Village.
25.0 POLICY OF NON-DISCRIMINATION. The Contractor shall comply with
all federal, state and local laws and ordinances applicable to the Work or
payment for Work and shall not discriminate on the grounds of race, color,
religion, sex, age, marital status, national origin, physical or mental
disability in the performance of work under this Contract.
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26.0 NOTICES. Whenever any party is required to give or deliver any notice
to any other party, or desires to do so, such notices shall be sent via
certified mail or hand delivery to:
Village:
Village of Key Biscayne
88 West McIntyre Street
Village of Key Biscayne, FL 33149
Attention: Village Manager
With a copy to:
Village Attorney
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, Florida 33134
Contractor:
ASHBRITT, INC.
480 S. Andrews Avenue
Suite 103
Pompano Beach, Florida 33069
Attention:
With a copy to:
27.0 ENTIRE AGREEMENT/MODIFICATION/AMENDMENT.
27.1 This Contract contains the entire agreement of the parties and
supercedes 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.
27.2 No agent, employee, or other representative of either party is
empowered to modify or amend the terms of this Contract, unless
executed with the same formality as this document.
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27.3 Contractor represents that it is an entity validly existing and in good
standing under the laws of Florida. The execution, delivery and
performance of this Contract by Contractor have been duly authorized,
and this Contract 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.
28.0 OWNERSHIP AND ACCESS TO RECORDS AND AUDITS.
28.1 Contractor acknowledges that all inventions, innovations,
improvements, developments, methods, designs, analyses, drawings,
reports and all similar or related information (whether patentable or not)
which relate to the Work provided to the Village which are conceived,
developed or made by Contractor during the term of this Contract ("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 Contract) to
establish and confirm such ownership (including, without limitation,
assignments, powers of attorney and other instruments).
28.2 All records, books, documents, maps, data, deliverables, papers
and financial information (the "Records") that result from the Contractor
providing the Work to the Village under this Contract shall be the property
of the Village.
28.3 The Village Manager or his designee shall, during the term of this
Contract and for a period of three (3) years from the date of termination of
this Contract, have access to and the right to examine and audit any
Records of the Contractor involving transactions related to this Contract.
28.4 The Village may cancel and terminate this Contract immediately for
refusal by the Contractor to allow access by the Village Manager or his
designee to any Records pertaining to work performed under this Contract
that are subject to the provisions of Chapter 119, Florida Statutes.
29.0 NONASSIGNABILITY. This Contract 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.
30.0 WAIVER. The failure of either party to this Contract 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 Contract shall not be construed as a waiver of
the violation or breach, or of any future violation, breach or wrongful
conduct.
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31.0 SURVIVAL OF PROVISIONS. Any terms or conditions of either this
Contract that require acts beyond the date of the term of the Contract,
shall survive termination of the Contract, shall remain in full force and
effect unless and until the terms or conditions are completed and shall be
fully enforceable by either party.
32.0 PROHIBITION OF CONTINGENCY FEES. 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
Contract, 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 Contract.
33.0 PUBLIC ENTITY CRIMES AFFIDAVIT. 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 affidavit.
[REMAINDER OF PAGE LEFT BLANK, SIGNGATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF the parties hereto have executed this Contract
on the day and date first above written.
Attest:
onchita H. Alvarez,
Village Clerk
VILLAGE OF KEY BISCAYNE, a
Florida municipal corporation
h6/ By
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
,7::-.'i
By '' �'
Village Attorney
aro "Chip" Igles
Village Manager
Signed, sealed and witnessed in the CONTRACTOR:
presence of:
int Name:
Print Name:, l 2 k 00,1,A.,./f......
ASHBRITT, IN
corporation /,
/
By:
Name.
Title: G. G. G.
a Florida
(*) In the event that the Contractor is a corporation, there shall be attached to
each counterpart a certified copy of a Resolution of the Board of the corporation,
authorizing the officer who signs the Contract to do so in its behalf.
K:\DOGS\0103\001 \310823503. DOC
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EXHIBIT 'A'
CONTRACTOR'S PROPOSAL
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EXHIBIT 1
PROPOSAL FORM
DISASTER RECOVERY SERVICES
Proposal of AshBritt, Inc.
(name)
480 S. Andrews Ave., Suite 103, Pompano Beach, FL 33069
(address)
to furnish all materials, equipment, and labor and to perform all work in accordance with
the Contract Documents for:
"Disaster Recovery Services"
TO: Village of Key Biscayne
88 West McIntyre Street, Suite 220
Key Biscayne, FL 33149
Attention: Village Clerk
The undersigned, as Proposer, hereby declares that the only person or persons
interested in the proposal, as principal or principals, is or are named herein and that no
other person than herein mentioned has any interests in the Proposal of the contract to
which the Work pertains; that this Proposal is made without connection or arrangement
with any other person, company, or parties making Bids or Proposals and that the
Proposal is in all respects fair and made in good faith without collusion or fraud.
The Proposer further declares that he has examined the geographic location and sites
of the Work; that he has made sufficient investigations to fully satisfy himself that such
sites are suitable for this Work; and he assumes full responsibility therefore; that he has
examined the specifications for the Work and from his own experience or from
professional advice that the specifications are sufficient for the Work to be done and he
has examined the RFP, including the Instructions to Proposers, Proposal Requirements,
Scope of Services, Contract, Detailed Specifications, Qualification Statement, Public
Entity Crime Form and Insurance requirements and he has read al! Addenda prior to the
opening of Proposals, and that he has satisfied himself fully, relative to all matters and
conditions with respect to the Work to which this Proposal pertains.
The Proposer further proposes and agrees to comply in all respects with the time limits
for commencement and completion of the Work as stated in the Contract.
The Proposer agrees to execute a Contract and furnish the executed contract,
insurance certificates, and other required information to the Village within ten (10) ten
calendar days of receipt of written notice of the award of contract. Failure on the part of
the Proposer to timely comply with this provision shall give Village all rights and
remedies set forth in the RFP.
The Proposer agrees to accept as full compensation the unit prices the Proposer
specifies in Attachment B to the RFP.
The Proposer Form and a completed Attachment B is presented to assist the Village in
evaluating the Proposal.
It is understood that the unit prices quoted or established for a particular item are to be
used for computing the amount to be paid to the Contractor, based on the Work actually
performed as determined by the Contract and the Village.
In no event shall Village be obligated to pay for work not performed or materials not
furnished.
Proposer's Occupational License No. 07-00043182 (Pompano Beach)
WITNESSES:
PROPO E
By:
S.
Na
Titi •
`nature of Authorized Agent
: John W. Noble
Chief Operating Officer
(SEAL)
[THIS SPACE INTENTIONALLY LEFT BLANK]
EXHIBIT "B"
FHWA/FDOT SCOPE OF SERVICES
EMERGENCY DEBRIS REMOVAL - NATURAL DISASTER -- CUT AND
TOSS
1.0 GENERAL
This statement of work describes and defines the services which are required for the execution of
Natural Disaster -related emergency debris removal (cut and toss) from Federal Aid Highway
segments, State, local and private roadways within the Florida Department of Transportation
(Department), District Miami -Dade County. The contractor shall provide all services described
herein and any other services required to complete the project. Activities include field operations
and debris management - All debris removal and management services shall be in accordance with
all applicable federal and state laws, and environmental regulations. Roads will be identified by
the Department and direction given to the Contractor for roads and limits for which the Contractor
will be responsible for within each County assigned. The Department reserves the right to add or
delete roadway segments at the direction of the Engineer at no additional cost to the Department.
The Department, at its sole discretion, may elect to perform work with in-house forces or
additional contract forces.
Proper documentation, as required by Federal Highway Administration (FHWA), Federal
Emergency Management Agency (FEMA) or other federal natural disaster response agency shall
be provided for all debris removal operations to ensure reimbursement to the Department from the
appropriate federal agency. While this contract scope provides for debris removal (Cut and Toss)
work off the state road system, any work off the State Road System must be authorized by the
Department.
The Department will not provide price adjustments for cost increases or decreases in the price of
fuel.
The prime contractor is required to perform at least 30% of the work with its own forces.
The Department's Specifications for Road and Bridge Construction and other applicable
Department Design Indexes and Construction Standards are made part of this contract by
reference and are applicable when bidding on and when performing work under this contract.
In cases of discrepancy between this scope and the specifications, the scope will take precedence.
Within five days after commencement of any services pursuant to this Contract and at all times
during the term hereof, including renewals and extensions, if required, the Vendor will supply to
the Department and keep in force a bond provided by a surety authorized to do business in the
State of Florida, payable to the Department/Village and conditioned for the prompt payment of all
persons furnishing labor, materials, equipment, and supplies therefore.
The work will begin upon written authorization by the Department/Village. No guarantee of
minimum or maximum amounts per bid item is made by the Department under this Contract.
In the event that the natural disaster impacts another District of the Department, the terms and
conditions of this contract may apply to work in the affected District, with the concurrence of both
parties.
The Department, at its sole discretion, may award one or more contracts based on the bids
received and the impact of natural disasters encountered. If more than one award is made, such
14
award will be to the lowest bidder, then to the next lowest bidder(s) based on availability of the
bidders and the bidder's ability to satisfy the needs of the Department at the time contacted.
2.0 SERVICES TO BE PROVIDED BY THE CONTRACTOR
Field Operations
The following listed services shall be performed by the Contractor in the presence of the
Department, District Miami -Dade County personnel or their designated representative:
• Provide equipment, labor, and materials necessary to perform "cut and toss" for clearing
of the pavement area of the roadways as directed. "Cut and toss" is defined as cutting
and/or pushing the debris off of the roadway sufficiently to allow safe vehicular traffic on
all lanes. The services include, but are not limited to, cutting and removing vegetative
debris and other debris to a point two feet beyond the curb and gutter section or to a point
two feet beyond the edge of pavement (i.e. 2 feet beyond the paved shoulder or edge of
turn lane (s) whichever is further) and vertical clearance of 16 feet as needed.
• Provide traffic control (day and/or night) using current Department Design Standards.
• Ensure all contractor and subcontractor personnel have and utilize personal protective
safety gear in accordance with OSHA requirements and company safety policies.
• Coordinate with utility companies, as required, to permit safe removal of debris.
• With each invoice submit a Certification Disbursement of Previous Periodic Payment to
Subcontractors (form 700-010-38) and the amount paid to all subcontractors performing
work under this contract to date.
• Provide adequate crews depending on the severity of the disaster or event and pursuant to
the Notice to Proceed. These crews shall not be committed to more than one "cut and
toss" contract for the Department at any point in time.
3.0 SERVICES TO BE PROVIDED BY DEPARTMENT OR ITS DESIGNATED
REPRESENTATIVE
Field Operations
• Identify and evaluate the scope of the post -disaster debris problem.
• Provide inspection for all contractor operations.
• Provide field inspectors in sufficient numbers to adequately monitor all field operations.
Such work will not exceed limits defined by FHWA eligibility criteria. The number of
inspectors per crew shall vary based on need.
• Identify and prioritize removal from Federal Aid Highway segments, State, local and
private roadways within the Florida Department of Transportation (Department), District
Miami -Dade County. Prioritization of debris "cut and toss" will be based on a "sector
approach" (as opposed to site to site). Once priorities are established, crews are required
to complete entire sectors or corridors prior to moving on to other areas. No streets
should be bypassed based on quantity of debris alone unless directed by the Departments
Engineer.
• Ensure that all field crews are outfitted with required safety gear. Contractor is
responsible for its crews' safety.
4.0 PAYMENT
15
" P a y m e n t w i l l b e m a d e i n a c c o r d a n c e w i t h t h e F e e R a t e s s h o w n o n E x h i b i t C . S u c h
p a y m e n t w i l l b e f u l l a n d c o m p l e t e p a y m e n t f o r a l l w o r k p e r f o r m e d , e x c e p t f o r t r a v e l t o
a n o t h e r D i s t r i c t a s s e t f o r t h b e l o w . T h e c o n t r a c t o r s h a l l p r o v i d e a l l r e q u i r e d f i n a l r e l e a s e s
o f l i e n s a n d a f f i d a v i t s f r o m s u b c o n t r a c t o r s .
" T h e c o n t r a c t o r m a y b e p a i d f o r p r e - p o s i t i o n i n g a s s e t f o r t h i n E x h i b i t C w i t h i n t h e
D i s t r i c t , i f r e q u e s t e d , a n d t h e i m p a c t o f a n a t u r a l d i s a s t e r d o e s n o t m a t e r i a l i z e . T h i s w i l l
b e a n o - b i d i t e m a n d t h e a m o u n t w i l l b e e s t a b l i s h e d b y t h e D e p a r t m e n t .
" I f m u t u a l l y a g r e e d , t h e C o n t r a c t o r m a y b e r e q u e s t e d t o w o r k i n a n o t h e r D i s t r i c t a f f e c t e d
b y t h e n a t u r a l d i s a s t e r . I n t h a t e v e n t , t h e C o n t r a c t o r w i l l b e p a i d f o r t h a t w o r k i n
a c c o r d a n c e w i t h E x h i b i t C a n d a d d i t i o n a l p a y m e n t w i l l b e m a d e f o r t r a v e l . T r a v e l w i l l b e
r e i m b u r s e d i n a c c o r d a n c e w i t h S e c t i o n 1 1 2 . 0 6 1 , F l o r i d a S t a t u t e s .
" T h e b i d i t e m s l i s t e d i n E x h i b i t C i n c l u d e c o m p e n s a t i o n f o r a l l w o r k r e q u i r e d i n S e c t i o n s
1 . 0 a n d 2 . 0 .
FEE RATES
FOR
EMERGENCY DEBRIS REMOVAL — NATURAL DISASTER -- CUT AND TOSS
Pre -Positioning (per crew)(per day) do not bid PCPD*
*Pay starts when contractor's crews arrive at site.
Phase I — Cut and Toss of debris from roadway
A. Rubber Tire Equipment (including operator)
B. Two Chain Saw Operators w/ chain saws
C. Superintendent with Vehicle
Total Crew rate (A+B+C) per hour
Bid award will be based on the per crew hourly rate.
REFER TO EXHIBIT "F" FOR ALL FEE RATES
17
EXHIBIT "C"
FHWA/FDOT SCOPE OF SERVICES
EMERGENCY DEBRIS REMOVAL - NATURAL DISASTER - DEBRIS
REMOVAL
1.0 GENERAL
This statement of work describes and defines the services which are required for the execution of
Natural Disaster -related emergency debris removal from Federal Aid Highway segments, State,
local and private roadways within the Horida Department of Transportation (Department), District
Miami -Dade County. The contractor shall provide all services described herein and any other
services required to complete the project. Activities include, but are not limited to, field
operations, debris pickup, debris hauling and removing, debris staging and reduction, temporary
debris storage site management and debris management. All debris removal and disposal
management services shall be in accordance with all applicable federal and state laws, and
environmental regulation. Roads will be identified by the Department and direction given to the
Contractor for roads and limits for which the Contractor will be responsible for within each
County assigned. The Department reserves the right to add or delete roadway segments at the
direction of the Engineer at no additional cost to the Department. The Department, at its sole
discretion, may elect to perform work with in-house forces or additional contract forces.
Proper documentation as required by Federal Highway Administration (FHWA), Federal
Emergency Management Agency (FEMA) or other federal natural disaster response agency shall
be provided for all debris removal operations to ensure reimbursement to the Department from the
appropriate federal agency. While this contract scope provides for debris removal work off the
state road system, any work off the State Road System must be authorized by the Department.
Such work must be coordinated with the City or County having jurisdiction over it and must be
authorized by the Department.
The Department will not provide price adjustments for cost increases or decreases in the price of
fuel.
The prime contractor is required to perform at least 30% of the work with its own forces.
The Department's Specifications for Road and Bridge Construction and other applicable
Department Design Indexes and Construction Standards are made part of this contract by
reference and are applicable when bidding on and when performing work under this contract.
In cases of discrepancy between this scope and the specifications, the scope will take precedence.
Within five days after commencement of any services pursuant to this Contract and at all times
during the term hereof, including renewals and extensions, the Vendor will supply to the
Department and keep in force a payment and performance bond provided by a surety authorized to
do business in the State of Florida, payable to the Department and conditioned for the prompt
payment of all persons furnishing labor, materials, equipment, and supplies therefore.
The work will begin upon written authorization by the Department. No guarantee of minimum or
maximum amounts per bid item is made by the Department under this Contract. No adjustment to
bid prices will be considered due to increases or decreases in estimated quantities.
In the event that the natural disaster impacts another District of the Department, the terms and
conditions of this contract may apply to work in the affected District, with the concurrence of both
parties.
18
The Department, at its sole discretion, may award one or more contracts based on the bids
received and the impact of natural disasters encountered. If more than one award is made, such
award will be to the lowest bidder, then to the next lowest bidder(s) based on availability of the
bidders and the bidder's ability to satisfy the needs of the Department at the time contacted.
2.0 SERVICES TO BE PROVIDED BY THE CONTRACTOR
Field Operations
The following listed services shall be performed by the Contractor in the presence of the
Department, District Miami -Dade County personnel or their designated representative:
• Provide equipment, labor, and materials necessary to perform the "first pass" and all
subsequent passes directed by the Engineer. "First Pass" is defined as removing all debris
on the affected roadways from within the rights -of -way as directed and authorized by the
Department, FHWA, FEMA and their authorized representatives. The work associated
with "first pass" and subsequent passes, includes but is not limited to: cutting fallen
vegetative debris; picking up and loading vegetative, C & D and Hazardous Materials;
hauling materials to either a temporary debris staging and reduction site or final legal
disposal site; volume reduction at the temporary debris staging and reduction site; and
final hauling and disposal at an appropriate landfill or "waste to energy" facility.
• Once road priorities are established by the Department or its representative, crews shall
be required to complete entire sectors and/or corridors prior to moving on to other areas.
No streets should be bypassed based on quantity of debris alone.
• Provide labor, equipment and materials necessary to remove all stumps authorized by the
Department, FHWA and FEMA. Stump removal operations shall be in accordance with
FHWA and FEMA guidelines.
• Provide traffic control (day and/or night) using current Department Design Standards.
• Ensure all contractor and subcontractor personnel have and utilize personal protective
safety gear in accordance with OSHA requirements and company safety policies.
• Coordinate with utility companies, as required, to permit safe removal of debris.
• Provide a means for FDOT or their designated representative to measure and certify all
trucks. All Temporary Debris Staging and Reduction Sites (TDSR's) shall be equipped
with at least one tower from which monitors can safely view contents on each load and
determine capacities of each load entering and exiting the TDSR.
• Provide a means for securing all TDSR's, throughout the life of the contract, to ensure no
unauthorized or illegal dumping can occur at the site.
• Vacuum inlets and sweep curb and gutter sections.
• Damaged trees and exposed roots are to be removed to ground level.
• Remove leaning trees which are not an immediate hazard only when directed by the
Department or their designated representative. Compensation will be by stump removal
(if applicable) and debris removal (CY).
19
" F i l l a n y h o l e s l e f t b y r e m o v e d t r e e s . T h e c o s t o f b o r r o w r e q u i r e d f o r f i l l w i l l b e i n c l u d e d
i n t h e c o s t o f b i d i t e m s .
S t a g i n g / R e d u c t i o n
" S e c u r e t h e n e c e s s a r y p e r m i t s f o r t h e T D S R '