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HomeMy WebLinkAboutR-2016-155 Authorizes Agreement with A&A Drainage & Vac Services to Provide Maintenance of Stormwater & Sanitary Sewer Facilities Utilizing City of Weston Proposal 2013-18 Not to Exceed $50,000.00 RESOLUTION NO. 2016-155 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM A&A DRAINAGE & VAC SERVICES, INC., AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE CORPORATION TO PROVIDE MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES IN THE CITY OF DANIA BEACH, FLORIDA, WITHOUT ADVERTISEMENT FOR BIDS UTILIZING PROPOSAL 2013-18 UNDER THE CITY OF WESTON PROPOSAL FOR SUCH SERVICES, WHICH SHALL NOT EXCEED AN AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission, and if such purchases are made pursuant to a competitive bid obtained within the last eighteen (18) months by other government agencies such as the federal government, State of Florida or a Florida municipality or county; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, "Monetary thresholds for certain purchases and payment disbursement authorizations", Subsection(a), sets the monetary threshold or limitation at$25,000.00; and WHEREAS, the Director of the Public Services Department has determined that it is necessary to obtain contract services to assist in the maintenance of stormwater and sanitary sewer facilities; and WHEREAS, the Public Services Director has determined that such services can be obtained at the least cost to the City, without competitive bidding and without advertisements for bids, from A&A Drainage & Vac Services, Inc. under the City of Weston Proposal No. 2013-18 which is attached as Exhibit"A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a specific part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the City Manager to purchase services from A & A Drainage & Vac Services, Inc., utilizing Proposal No. 2013-18 issued by the City of Weston, and the proper City officials are authorized to execute an agreement, a copy of which is attached as Exhibit `B", and made a part of and is incorporated into this Resolution by this reference, with the corporation, in an amount not to exceed Fifty Thousand Dollars ($50,000.00) in Fiscal Year 2016-2017; provided, however, that no Agreement will become effective unless and until City officials complete their execution of it. Section 3. That the funding for these services are planned and appropriated for use as part of the annual appropriation of Fifty Thousand Dollars ($50,000.00) in the Public Services Stormwater Fund— Contractual Services, Account No. 403-38-01-538-34-10, which account has an available balance of Ninety Two Thousand Dollars ($92,000.00) as of October 1, 2016. A funding appropriation is requested from the Sewer Fund Contingency Account 402-33-02-533- 99-10 to the Sewer Fund Distribution Contractual Services Account No. 402-33-02-533-34-10 in the amount of Fifteen Thousand Dollars ($15,000.00). Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on November 21, 2016. ATTEST: �y�pN�I FIF+sr -BC9c) LOUISE STILSON, CMC TA RA JAMEO CITY CLERK „ MAYOR APPROVED AS TO F A D CORREC S: THOMA J. ANS O CITY ATTORN 2 RESOLUTION#2016-155 4 s CITY OF W ESTON MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Request For Proposals RFP No. 2013-1 S DECEM BER 2013 CITY OF WESTON, FLORIDA RFP No. 2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACIITIES CHAPTER 1: AGREEMENT CHAPTER 2: REQUEST FOR PROPOSALS (EXHIBIT "A10 CHAPTER 3: CONTRACTOR'S RFP PROPOSAL (EXHIBIT "B'O CHAPTER 4: RATES AND FEES SCHEDULE (EXHIBIT "C") CHAPTER 5: CERTIFICATE(S) OF INSURANCE CHAPTER 1 -AGREEMENT Request for Proposals No. 2013-18 for Maintenance of Stormwater and Sanitary Sewer Facilities Published on: November 30, 2013 AGREEMENT BETWEEN THE CITY OF WESTON AND A & INC. FOR MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES RFP NO. 2013-18 This Agreement, is made and entered into the 140 day of 4A"!,,u -' , 2014 by and between the City of Weston, a Florida municipal corporation ("CITY"), and A &A Drainage &Vac Services, Inc. ("CONTRACTOR") for services related to Maintenance of Stormwater and Sanitary Sewer Facilities ("Agreement"). References in this Agreement to "City Manager" shall be meant to include his designee. WITNESSETH: WHEREAS, the CITY, solicited proposals from contractors to perform Maintenance of Stormwater and Sanitary Sewer Facilities;and WHEREAS, Proposals were evaluated and ranked by a Selection Committee; and WHEREAS, the City Commission has selected the CONTRACTOR to perform Maintenance of Stormwater and Sanitary Sewer Facilities; and WHEREAS, on January 21, 2014 , the CITY enacted Resolution No. 2013-18 which ratified or altered the ranking of Proposals for Maintenance of Stormwater and Sanitary Sewer Facilities and authorized the appropriate City officials to execute an agreement with the number one ranked CONTRACTOR A & A Drainage & Vac Services Inc. ; and WHEREAS, CITY and CONTRACTOR desire to enter into an Agreement whereby the duties and obligations each to the other are set forth. IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS HEREIN EXPRESSED AND THE FAITHFUL PERFORMANCE OF ALL SUCH COVENANTS AND CONDITIONS, THE PARTIES AGREE AS FOLLOWS: RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 1 of 12 I l i SECTION 1. SCOPE OF SERVICES 1.1 The CONTRACTOR must meet the requirements and perform the services identified in the Request for Proposals for Maintenance of Stormwater and Sanitary Sewer Facilities dated December 2013 , ("RFP"), attached hereto and made a 3 part hereof, as Exhibit "A" and the CONTRACTOR'S Proposal, attached hereto and made a part hereof, as Exhibit"B". r 1.2 CONTRACTOR agrees and acknowledges that CONTRACTOR is prohibited from exempting provisions of the RFP or in this Agreement in any of CONTRACTOR'S jservices pursuant to this Agreement. SECTION 2. TERM i .3 2.1 The term of this Agreement shall begin on the date it is fully executed by both r parties and shall extend until March 31, 2017. 2.2 After the initial term, the Contract may be extended for two (2) additional three (3) f year periods b mutual agreement of the parties. The parties hereto may extend this I .a Y p Y g p p Y : ) Agreement by mutual consent, in writing, prior to the expiration of the current term. This provision in no way limits either party's right to terminate this Agreement at any time during the initial term or any extension thereof, pursuant to Section 4 of this Agreement. SECTION 3. COMPENSATION 3.1 The amount of compensation payable by the CITY to CONTRACTOR shall be based upon the prices as set forth in Exhibit "C", attached hereto and made a part hereof, Lj which amount shall be accepted by CONTRACTOR as full compensation for all such work performed under this Agreement. It is acknowledged and agreed by F CONTRACTOR that these amounts are the maximum payable and constitute a �J limitation upon CITY'S obligation to compensate CONTRACTOR for its services related to this Agreement. This maximum amount, however, does not constitute a ..E limitation of any sort, upon CONTRACTOR'S obligation to perform all items of ._:4 work required•by or which can be reasonably inferred from the Scope of Services. I 3.2 CONTRACTOR may submit an invoice for compensation, developed and agreed upon by the City Manager and CONTRACTOR, no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. Invoices shall designate the nature of the services performed and shall also show a summary of fees with accrual of the total and credits for portions paid previously, and shall allocate the. billing costs to the appropriate fund or combination of funds. Each statement shall show the proportion of the guaranteed maximum payment that has been expended through previous billings. RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 2 of 12 i__1 , 1 i t3.3 Notwithstanding any provision of this Agreement to the contrary, City Manager, may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to City Manager. The amount withheld shall 1 not be subject to payment of interest by CITY. 3.4 Payment shall be made to CONTRACTOR in accordance with the Local 1. J Government Prompt Payment Act as stipulated in Part VII of Chapter 218, FL Statutes, by check, card, funds transfer or other method as determined by the CITY in its sole discretion. E..i F-t 3.5 CONTRACTOR agrees to keep such records and accounts as may be necessary in [ order to record complete and correct entries as to personnel hours charged for which CONTRACTOR receives reimbursement for a period of at least three (3) years V after completion of the work provided for in this Agreement. Such books and i records shall be available at all reasonable times for examination and audit by CITY. f ,j 3.6 If it should become necessary for CITY to request CONTRACTOR to render any additional services to either supplement the services described in the RFP or to perform additional work, such additional work shall be performed only if set forth in an addendum to this Agreement. Any such additional work agreed to by both parties shall be by mutual agreement of both parties and negotiated as to price. 3.7 On April 1, 2014 and on April 1 of each subsequent year, all hourly rates and fees described in the Agreement and Exhibit hereto shall be increased by an amount equal to the Consumer Price Index ("CPI") increase, as measured by the nearest geographical index, unless both parties mutually agree in writing to an alternative arrangement. 1 SECTION 4.TERMINATION 4.1 This Agreement may be terminated by the City Manager upon 24 hours notice as € the City Manager deems appropriate. Li This Agreement may be terminated for cause by the CONTRACTOR if the CITY is in j breach and has not corrected the breach within sixty (60) days after written notice from the CONTRACTOR identifying the breach. f i 4.2 Notice of termination shall be provided in accordance with the "NOTICES" section .. of this Agreement except that notice of termination by City Manager which City Manager deems necessary to protect the public health, safety or welfare may be ( ? verbal notice which shall be promptly confirmed in writing in accordance with the LJ "NOTICES"section of this Agreement. j 4.3 In the event this Agreement is terminated for convenience, CONTRACTOR shall be �_J paid for any services performed to the date the Agreement is terminated; however, upon being-notified of CITY'S election to terminate, CONTRACTOR shall refrain RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 3 of 12 1 , 1 � j ..y i from performing further services or incurring additional expenses under the terms of this Agreement. CONTRACTOR acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by CITY, the adequacy of which is hereby acknowledged by CONTRACTOR, is given as specific consideration to 1 CONTRACTOR for CITY'S right to terminate this Agreement for convenience. r 4.4 In the event this Agreement is terminated, any compensation payable by CITY shall i 3 be withheld until all documents are provided to CITY pursuant to Section7.1 of this Agreement, In no event shall the CITY be liable to CONTRACTOR for any additional compensation, other than provided herein, or for any consequential or .3 incidental damages. SECTION 5. INDEMNIFICATION 5.1 CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney selected by the CITY, to defend the CITY and any of its officers, agents, I servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, demands and claims for personal injury, bodily injury, sickness, diseases or death or damage or destruction of tangible property, arising out of any errors, omissions, misconduct or negligent acts, errors or omissions of CONTRACTOR, its officials, agents, `� employees or subcontractors in the performance of the services of CONTRACTOR ^'I under this Agreement, whether direct or indirect and from and against any orders, judgments, or decrees which may be entered thereon and from and against all costs, damages of every kind and nature, attorneys' fees, expenses and liabilities incurred in and about the defense of any such claim and investigation thereof. {-1 5.2 CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an I attorney selected by the CITY, to defend the CITY and any of its officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, demands and claims sought by third parties related to any alleged breach of any non-competition of similar provisions. 5.3 CONTRACTOR shall indemnify CITY and any of its officers, agents, servants and Li employees, for all loss, damage, expense or liability including, without limitation, court costs and attorneys' fees that may result by reason of any infringement or claim of infringement by CONTRACTOR of any patent, trademark, copyright, trade secret or other proprietary right relating to services furnished pursuant to this Contract. CONTRACTOR will defend and/or settle at its own expense any action f y brought against the CITY any of its officers, agents, servants and employees, to the extent that it is based on a claim that products or services furnished to CITY by CONTRACTOR pursuant to this Contract, or if any portion of the services or goods E related to the performance of the service become unusable as a result of any such infringement or claim. 5.4 CONTRACTOR acknowledges that specific consideration has been paid or will be 1 paid under this Agreement for this hold harmless and indemnification provision, RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 4 of 12 a � a 1 and further agrees with the foregoing provisions of indemnity and with the s collateral obligation of insuring said indemnity. ir 5.5 The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Manager and the City Attorney, any sums due CONTRACTOR under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. SECTION 6. INSURANCE r- In order to insure the indemnification obligation contained above, CONTRACTOR shall, as a LJ minimum, provide, pay for, and maintain in force at all times during the term of this Agreement, the insurance coverages as set forth in the RFP. SECTION 7. MISCELLANEOUS t 7.1 Ownership of Documents. Unless otherwise provided by law, any and all reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of CITY. In the event of termination of it this Agreement, any reports, photographs, surveys and other data and documents prepared by CONTRACTOR, whether finished or unfinished, shall become the property of CITY and shall be delivered by CONTRACTOR to the City Manager within seven (7) days of termination of this Agreement by either party. Any compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. 7.2 Audit and Inspection Rights and Retention of Records. CITY shall have the right to audit the books, records and accounts of CONTRACTOR that are related to this Agreement. CONTRACTOR shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. EE CONTRACTOR shall preserve and make available, at reasonable times for examination and audit b CITY all financial records sup porting pporting documents, �..� statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Li Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement, unless UCONTRACTOR is notified in writing by CITY of the need to extend the retention period. Such retention of such records and documents shall be at CONTRACTOR'S expense. If any audit has been initiated and audit findings have not been resolved L3at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by CITY to be applicable to CONTRACTOR'S records, CONTRACTOR shall comply with all requirements Li thereof; however, no confidentiality or non-disclosure requirement of either federal a or state law shall be violated by CONTRACTOR. Any incomplete or incorrect entry RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 5 of 12 u is 1 1 in such books, records, and accounts shall be a basis for CITY'S disallowance and recovery of any payment upon such entry. h In addition, CONTRACTOR shall respond to the reasonable inquiries of successor CONTRACTORS and allow successor CONTRACTORS to receive working papers relating to matters of continuing significance. I i l J In addition, CONTRACTOR shall provide a complete copy of all working papers to the CITY, prior to final payment by the CITY, in accordance with the RFP for CONTRACTOR services. t. 7.3 Policy of Non Discrimination. CONTRACTOR shall not discriminate against any r-1 person in its operations, activities or delivery of services under this Agreement. I ' CONTRACTOR shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for service delivery. LJ 7.4 Public Entity Crime Act. CONTRACTOR represents that the execution of this agreement will not violate the Public Entity Crime Act (Section 287.133, Florida ` E; Statutes), which essentially provides that a person or affiliate who is a e ; CONTRACTOR, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to CITY, may not submit a bid on a contract with CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to CITY, may not be r. awarded or perform work as a CONTRACTOR, supplier, subcontractor, or JJ consultant under a contract with CITY, and may not transact any business with CITY �., in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty six (36) months from the date of being La placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from CITY'S competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been . no determination, based on an audit, that it committed an act defined by Section f287.133, Florida Statutes, as a "public entity crime" and that it has not been ' formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been I .I placed on the convicted vendor list. By submitting a response to this RFP, Proposer certifies that it is qualified under Section 287.133, Florida Statutes, to provide the services set forth in this RFP. 7.5 Independent CONTRACTOR. CONTRACTOR is an independent CONTRACTOR under this Agreement. Services provided by CONTRACTOR pursuant to this Agreement shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees or RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 6 of 12 jl agents of the CITY. Personnel policies, tax responsibilities, social security and ! health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of CONTRACTOR. This Agreement shall not constitute or make the parties a partnership or joint venture. 7.6 Third Party Beneficiaries. Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party rl shall be entitled to assert a claim against either of them. Based upon this Agreement t i the parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. .... 7.7 Notices. Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail postage prepaid 'return receipt requested or by hand delivery with a request for a written receipt of A acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth 'n, herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: CITY: John R. Flint, City Manager Weston City Hall 17200 Royal Palm Boulevard Weston, Florida 33326 Ll With a copy to: �� Jamie Alan Cole, Esq. City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. Li 200 East Broward Boulevard, Suite 1900 Fort Lauderdale, Florida 33301 U CONTRACTOR: A & A Drainage &Vac Services, inc. 13846 NW 14"'Street rro ( j Pembroke Pines, FL 33028 954-680-0294 ri 7.8 Assignment and Performance. Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by CONTRACTOR, except with the prior I approval of the City Manager, which shall be in his sole and absolute discretion. In addition, CONTRACTOR shall not subcontract any portion of the work required by RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 7 of 12 i � I i__i S this Agreement, except with the prior approval of the City Manager, which shall be in his sole and absolute discretion. A list of all such sub- contractors shall be included in the Proposal. If additional sub-contractors are to be used during the term of this Agreement, other than those submitted in the Proposal, a list of such . sub-contractors shall be provided to the City Manager, subject to his approval. r CONTRACTOR represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the RFP and to provide and perform such i services to CITY'S satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations and services under this Agreement in a skillful and r respectable manner. 7.9 Conflicts. Neither CONTRACTOR nor its employees shall have or, hold any � continuing or frequently recurring employment or contractual relationship that is 14 substantially antagonistic or incompatible with CONTRACTOR'S loyal and conscientious exercise of judgment related to its performance under this Agreement. CONTRACTOR agrees that none of its officers or employees shall, during the term + of this Agreement, serve as an expert witness against CITY in any legal or j administrative proceeding in which he or she is not a party, unless compelled by court process. Further, CONTRACTOR agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of CITY in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude CONTRACTOR or any other persons from is representing themselves in any action or in any administrative or legal proceeding. c U, In the event CONTRACTOR is permitted to utilize Sub- contractors to perform any services required by this Agreement, CONTRACTOR agrees.to prohibit such sub- s i contractors, by written contract, from having any conflicts within the meaning of Ems.:i this section. 7.10 Contingency Fee. CONTRACTOR warrants that it has not employed or retained Li any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement and that it has not paid or f agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For a breach or violation of this provision, CITY shall 1 ' have the right to terminate this Agreement without liability and, at its discretion, to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.11 Materiality and Waiver of Breach. CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement-and, therefore, is a material term hereof. CITY'S failure to enforce any provision of this Agreement shall not be deemed a waiver of such RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 8 of 12 Ij provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. II i 7.12 Compliance with Laws. CONTRACTOR shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, l responsibilities, and obligations pursuant to this Agreement. ! l 7.13 Severance. In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Agreement. An 3 election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 7.14 Joint Preparation. The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 3 7.15 Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 7 of this Agreement shall prevail and be given effect. 7.16 Applicable Law and Venue, Attorney's Fees and Costs. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The parties submit to the jurisdiction of any Florida state or federal court U in any action or proceeding arising out of, or relating to, this Agreement. Venue of any action to enforce this Agreement shall be in Broward County, Florida. The parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected with this Agreement. The parties understand and agree that this waiver is a material contract term. This Agreement is not subject to arbitration. If any party is required to enforce the terms of this Agreement by court proceedings or Li otherwise, whether or not formal legal action is required, each party shall pay its i own attorney's fees and costs. i..j 7.17 Amendments. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement. is L_".i 7.18 Prior Agreements. This Agreement and its attachments constitute the entire agreement between CONTRACTOR and CITY, and this document incorporates and i JI includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that RFP No.2013 18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 9 of 12 LJ i there are no commitments, agreements or understandings concerning the subject I matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that l j no modification, amendment or alteration in the terms or conditions contained here shall be effective unless set forth in writing in accordance with Section 7.17 above. r? i 1 " 7.19 Drug-Free Workplace. CONTRACTOR shall maintain a drug-free workplace. j7.20 Incorporation by Reference. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits are incorporated hereto and made a part of this Agreement. 7.21 Multiple Originals. This Agreement may be fully executed in two (2) copies by all F parties each of which, bearing original signatures, shall have the force and effect of 2y 3 an original document. LA 7.22 Headings. Headings are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 7.23 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement LJ on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.24 Public Records. CONTRACTOR acknowledges that the public shall have access, at all reasonable times, to certain documents and information pertaining to Owner's contracts, pursuant to the provisions of Chapter 119, Florida Statutes. ,- CONTRACTOR agrees to maintain public records in CONTRACTOR's possession or control in connection with CONTRACTOR's performance under this Agreement r'Tt and to provide the public with access to public records in accordance with the I' U record maintenance, production and cost requirements set forth in Chapter 119, Florida Statutes, or as otherwise required by law. CONTRACTOR shall ensure that f� public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law. Unless otherwise provided by law, any and all reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of Owner. In the event of termination of this Agreement by either party, any reports, photographs, surveys and other data and documents and .J public records prepared by, or in the possession or control of, CONTRACTOR, whether finished or unfinished, shall become the property of Owner and shall be delivered by CONTRACTOR to the City Manager, at no cost to the Owner, within seven (7) days of termination of this Agreement. All such records stored electronically by CONTRACTOR shall be delivered to the Owner in a format that is compatible with the Owner's information technology systems. Upon termination of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure. Any RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 10 of 12 r- i I compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. CONTRACTOR's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement I by the Owner. l�? 7.25 Survival of Provisions. Any terms or conditions of this Agreement that require acts �. j beyond the date of its termination shall survive the termination of this Agreement, shall remain in full force and effect unless and until the terms of conditions are completed, and shall be fully enforceable by either parry. i.� 7.26 Truth-in-Negotiation Certificate. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete,and current at the time of contracting. Fl- 7.27 Non-Appropriation of Funds. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal year for payments due under this Agreement, then the City, upon written notice to CONTRACTOR of such occurrence, shall have the unqualified right to terminate this Agreement without any penalty or expense to the City. 7.28 Default. In the event of a default by the CONTRACTOR, the CONTRACTOR shall t be liable for all damages resulting from the default. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy specifically given or otherwise existing and may be exercised from time to time as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other F1 remedy. The CITY's rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. Ii F_i [THIS SPACE INTENTIONALLY LEFT BLANK] i� r ; I { L 11 aj ; i II J RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 11 of 12 i AGREEMENT BETWEEN THE CITY OF WESTON,AND A&A DRAINAGE &VAC SERVICES, INC. FOR MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES. I IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: City of Weston through its City Commission, sjgning by and through its Mayor, authorized to execute same by Commission action on the c� I day of �c✓h.�-� , 2014; and authorized to execute r same, through it I i CITY OF W ST , o h its City Commission I ...., ATTEST: By: Daniel J. S fler, Mayor day of k-4�-e - . 2014 Patricia A. Bates MMC, City Cleric ----• .: By: John R. lint, City Manager Fil rl Leday of 1" ' 2014 I l Approved as to form and legality for the use of and reliance by the I:; City of Westo only: L By: _I Jamie Ala Cole, City Attorney i 1 w{ 3 ( day f �cl -+; , 2014 (CITY SEAL) `° W ES'ES: CONTRACTOR, A &A Drainage &Vac Services, Inc. �' P By: GTITLE !..i ! y�' i/F-�e1 �lES SSA Print Name Print Name 3� day of 2014 All (CORPORATE SEAL) I .I Print Name RFP No.2013-1B MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 12 of 12 ADDENDUM #1 (ISSUED DECEMBER 11, 2013) TO RFP NO. 2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES To All Proposers: Proposers for the above-referenced RFP shall take note of the following changes, additions, deletions, clarifications, etc to the RFP documents, which in accordance with the RFP contract documents shall become a part of and have precedence over anything shown or described otherwise. A mandatory pre-proposal conference was held on December 10, 2013, at 2:00 p.m., local time, at the Weston Community Center, located at 20200 Saddle Club Road, Weston, Florida 33327. All Proposers planning to submit a Proposal were required to attend this meeting. Failure of a Proposer to be present for the entire mandatory pre-proposal meeting,beginning at the time stated above and concluding at the dismissal of the mandatory pre-proposal meeting by the CITY, shall render a Proposer to be deemed non-responsive and the Proposal shall not be considered for award. A summary of the meeting is outlined below: 1. The meeting started at 2:04 p.m.and proposers were notified to document their attendance by completing the sign-in sheet. Only those who attended the Mandatory Pre Bid meeting will be allowed to submit. (Sheet Attached)_ 2. Karl Thompson, Director of Public Works outlined the purpose of the meeting, main paragraphs in the Notice to Proposers, general description proposed work. 3. Proposers were advised of the deadline date to submit qualifications are December 30, 2013 at 11:00 a.m.'at Weston City Hall, 17200 Royal Palm Blvd, Weston FL 33326. 4. Ali questions must be sent in writing to Karl Kennedy by 4:00 pm, local time on December 23, 2013. 5. Karl Thompson reminded the attendees that Addendum#1 will be issued in 3 to 5 days of this meeting. 6. Meeting adjourned at 2:12 p.m. 7. The questions asked and answers provided are stated below: A. Is an engineer's estimate? There is no engineer's estimate. B. Page 16 of the project documents is asking for Asbestos Liability? RFQ 2013-17,Addendum#2, 12/9/13 -Page 1 of 2 Please read Section E on page 15. "If work being performed involves hazardous materials, the need to procure and maintain any or all of the following coverage will be specifically addressed upon review of exposure. However, if hazardous materials are identified while carrying out this Agreement,the CITY shall be notified immediately, and no further work shall be performed in the area of the hazardous material until the CONTRACTOR provides the following coverage(s) as determined solely by the CITY." C. How old is the City's sewer system? First systems were built in 1988. D. What is the term of the contract? Initial term of 3 years with two options for renewal. CHANGES IN THE CONTRACT DOCUMENTS A. On page 5 of 76, the sixth paragraph has been corrected and shall now read as follows: Any questions concerning this Notice to Bidders shall be in writing, directed to Karl Kennedy, Calvin, Giordano & Associates, Inc. at kkennedy@cgasolutions.com or fax: 954- 921-8807 by 4:00 pm, local time on December 23, 2013. B. On page 27 of 76, Section 4.4 Selection Committee has been corrected and shall now read as follows: Proposals submitted will be evaluated by a three (3) member Selection Committee ("Selection Committee") consisting of Karl C. Thompson, Director of Public Works; Rich Ropke, Utilities Supervisor; and David Dove, Drainage Supervisor who will review submissions and provide a recommendation to the City Commission. C. On page 12, Paragraph M has been revised to add the following section M.4: 4. Failure, by the CONTRACTOR, to comply with the operational provisions of stated response time shall result in liquidated damages due to the CITY as follows: (A) Failure to respond to the site with within 30 minutes of being notified by the CITY shall result in liquidated damages due to the CITY in the amount of Five Hundred Dollars ($500.00). (B) Failure to answer 2417 emergency telephone line after 3 attempts by CITY(for the same emergency incident)shall result in liquidated damages due to the CITY in the amount of two Hundred Fifty Dollars ($250.00). END OF ADDENDUM RFQ 2013-17, Addendum#2, 12/9/13 Page 2 of 2 ADDENDUM #2 (ISSUED DECEMBER 27 2013) TO RFP NO, 2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES To All Proposers: Proposers for the above-referenced RFP shall take note of the following changes, additions, deletions, clarifications, etc to the RFP documents, which in accordance with the RFP contract documents shall become a part of and have precedence over anything shown or described otherwise. The attached correspondence was submitted via email by Shenandoah Construction.,the City provides the following response(in bold): 1) Item 1: No description of what is required of this task. I.E. Video inspection, Format of inspection report. On page 45 of the RFP document it states"The CONTRACTOR offers the following for providing all labor, materials, equipment, travel, NPDES requirements...". NPDES inspection includes the following tasks: a. Structures are inspected annually. Level of debris in each structure is recorded. The structures meeting the threshold for subsequent cleaning are scheduled for cleaning. b. Inspect all catch basin grates to ensure decals or signage depicting"No dumping, drains to lakes"are in place and visible. c. Inspect and remove debris,weeds on and around catch basins and other stormwater structures. 2) Item 2: This item is too vague and lacks description. I.E. pipe size?, length of pipe?, Dry or wet system? For a general maintenance contract,experienced CONTRACTORS should be aware that pipe sizes and length vary,therefore must consider a range when pricing. Item 5 covers pipe size over 36". On Page 4 under EXPERIENCE it states, "Proposers must have a minimum of five years experience in providing vacuum cleaning and jetting services for stormwater AND sanitary sewer for a government agency/utility within Broward,Miami-Dade or Palm Beach counties,of similar size and scope as the City of Weston."Therefore, CONTRACTOR should be familiar with the typical conditions in South Florida. RFQ 2013-17,Addendum#2, 12/27/13 -Page 1 of 3) Item 3: Pipe size range(6" —36")to broad to price accurately. No pipe length provided. For a general maintenance contract such as this, experienced CONTRACTORS should be aware of typical spacing sanitary sewer manholes. 4) Item 4: Pipe size range (6"—36")to broad to price accurately. No pipe length provided. For a general maintenance contract,experienced CONTRACTORS are aware of that distances of terminal manholes to lift station wet well vary within the typical norms and shall price accordingly. 5) Item 5: Pipe size range (36">)to broad to price accurately. This is typical of other governmental RFPs and bids. 6) Emergency call out of on site in 30 min.This is not a reasonable amount of time to be on- site, 1 %z to 2 Hr. is the norm, unless you're the fire department. The RFP states "The CITY is requesting Sealed Proposals from qualified and experienced CONTRACTOR(s), to provide continuing services for vacuum cleaning/jetting and inspection of, and emergency response to,....". The response time is for emergencies and remains unchanged and CONTRACTOR shall.submit prices in accordance with the RFP requirements. Attachment: Email from d.dimuraQshenandoahconstruction.com END OF ADDENDUM RFQ 2013-17,Addendum#2, 12/27/13 -Page 2 of 2 SECTION 1. SCOPE OF SERVICES 1.1 The CONTRACTOR must meet the requirements and perform the services identified in the Request for Proposals for Maintenance of Stormwater and Sanitary Sewer Facilities dated December 2013 , ("RFP"), attached hereto and made a part hereof, as Exhibit "A" and the CONTRACTOR'S Proposal, attached hereto and made a part hereof, as Exhibit "B". 1.2 CONTRACTOR agrees and acknowledges that CONTRACTOR is prohibited from exempting provisions of the RFP or in this Agreement in any of CONTRACTOR'S services pursuant to this Agreement. SECTION 2. TERM 2.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall extend until March 31, 2017. 2.2 After the initial term, the Contract may be extended for two (2) additional three (3) year periods by mutual agreement of the parties. The parties hereto may extend this Agreement by mutual consent, in writing, prior to the expiration of the current term. This provision in no way limits either parry's right to terminate this Agreement at any time during the initial term or any extension thereof, pursuant to Section 4 of this Agreement. SECTION 3. COMPENSATION 3.1 The amount of compensation payable by the CITY to CONTRACTOR shall be based upon the prices as set forth in Exhibit "C", attached hereto and made a part hereof, which amount shall be accepted by CONTRACTOR as full compensation for all such work performed under this Agreement. It is acknowledged and agreed by CONTRACTOR that these amounts are the maximum payable and constitute a limitation upon CITY'S obligation to compensate CONTRACTOR for its services related to this Agreement. This maximum amount, however, does not constitute a limitation of any sort, upon CONTRACTOR'S obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 3.2 CONTRACTOR may submit an invoice for compensation, developed and agreed upon by the City Manager and CONTRACTOR, no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. Invoices shall designate the nature of the services performed and shall also show a summary of fees with accrual of the total and credits for portions paid previously, and shall allocate the billing costs to the appropriate fund or combination of funds. Each statement shall show the proportion of the guaranteed maximum payment that has been expended through previous billings. RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 2 of 12 3.3 Notwithstanding any provision of this Agreement to the contrary, City Manager, may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to City Manager. The amount withheld shall not be subject to payment of interest by CITY. 3.4 Payment shall be made to CONTRACTOR in accordance with the Local Government Prompt Payment Act as stipulated in Part VII of Chapter 218, FL Statutes, by check, card, funds transfer or other method as determined by the CITY in its sole discretion. 3.5 CONTRACTOR agrees to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged for which CONTRACTOR receives reimbursement for a period of at least three (3) years after completion of the work provided for in this Agreement. Such books and records shall be available at all reasonable times for examination and audit by CITY. 3.6 If it should become necessary for CITY to request CONTRACTOR to render any additional services to either supplement the services described in the RFP or to perform additional work, such additional work shall be performed only if set forth in an addendum to this Agreement. Any such additional work agreed to by both parties shall be by mutual agreement of both parties and negotiated as to price. 3.7 On April 1, 2014 and on April 1 of each subsequent year, all hourly rates and fees described in the Agreement and Exhibit hereto shall be increased by an amount equal to the Consumer Price Index ('CPI") increase, as measured by the nearest geographical index, unless both parties mutually agree in writing to an alternative arrangement. SECTION 4.TERMINATION 4.1 This Agreement may be terminated by the City Manager upon 24 hours notice as the City Manager deems appropriate. This Agreement may be terminated for cause by the CONTRACTOR if the CITY is in breach and has not corrected the breach within sixty (60) days after written notice from the CONTRACTOR identifying the breach. 4.2 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by City Manager which City Manager deems necessary to protect the public health, safety or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 4.3 In the event this Agreement is terminated for convenience, CONTRACTOR shall be paid for any services performed to the date the Agreement is terminated; however, upon being-notified of CITY'S election to terminate, CONTRACTOR shall refrain RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 3 of 12 from performing further services or incurring additional expenses under the terms of this Agreement. CONTRACTOR acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by CITY, the adequacy of which is hereby acknowledged by CONTRACTOR, is given as specific consideration to CONTRACTOR for CITY'S right to terminate this Agreement for convenience. 4.4 In the event this Agreement is terminated, any compensation payable by CITY shall be withheld until all documents are provided to CITY pursuant to Section7.1 of this Agreement. In no event shall the CITY be liable to CONTRACTOR for any additional compensation, other than provided herein, or for any consequential or incidental damages. SECTION 5. INDEMNIFICATION 5.1 CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney selected by the CITY, to defend the CITY and any of its officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, demands and claims for personal injury, bodily injury, sickness, diseases or death or damage or destruction of tangible property, arising out of any errors, omissions, misconduct or negligent acts, errors or omissions of CONTRACTOR, its officials, agents, employees or subcontractors in the performance of the services of CONTRACTOR under this Agreement, whether direct or indirect and from and against any orders, judgments, or decrees which may be entered thereon and from and against all costs, damages of every kind and nature, attorneys' fees, expenses and liabilities incurred in and about the defense of any such claim and investigation thereof. 5.2 CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney selected by the CITY, to defend the CITY and any of its officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, demands and claims sought by third parties related to any alleged breach of any non-competition of similar provisions. 5.3 CONTRACTOR shall indemnify CITY and any of its officers, agents, servants and employees, for all loss, damage, expense or liability including, without limitation, court costs and attorneys' fees that may result by reason of any infringement or claim of infringement by CONTRACTOR of any patent, trademark, copyright, trade secret or other proprietary right relating to services furnished pursuant to this Contract. CONTRACTOR will defend and/or settle at its own expense any action brought against the CITY any of its officers, agents, servants and employees, to the extent that it is based on a claim that products or services furnished to CITY by CONTRACTOR pursuant to this Contract, or if any portion of the services or goods related to the performance of the service become unusable as a result of any such infringement or claim. 5.4 CONTRACTOR acknowledges that specific consideration has been paid or will be paid under this Agreement for this hold harmless and indemnification provision, RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 4 of 12 and further agrees with the foregoing provisions of indemnity and with the collateral obligation of insuring said indemnity. 5.5 The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Manager and the City Attorney, any sums due CONTRACTOR under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. SECTION 6. INSURANCE In order to insure the indemnification obligation contained above, CONTRACTOR shall, as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement, the insurance coverages as set forth in the RFP. SECTION 7. MISCELLANEOUS 7.1 Ownership of Documents. Unless otherwise provided by law, any and all reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of CITY. In the event of termination of this Agreement, any reports, photographs, surveys and other data and documents prepared by CONTRACTOR, whether finished or unfinished, shall become the property of CITY and shall be delivered by CONTRACTOR to the City Manager within seven (7) days of termination of this Agreement by either party. Any compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. 7.2 Audit and Inspection Rights and Retention of Records. CITY shall have the right to audit the books, records and accounts of CONTRACTOR that are related to this Agreement. CONTRACTOR shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. CONTRACTOR shall preserve and make available, at reasonable times for examination and audit by CITY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement, unless CONTRACTOR is notified in writing by CITY of the need to extend the retention period. Such retention of such records and documents shall be at CONTRACTOR'S expense. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by CITY to be applicable to CONTRACTOR'S records, CONTRACTOR shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by CONTRACTOR. Any incomplete or incorrect entry RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 5 of 12 in such books, records, and accounts shall be a basis for CITY'S disallowance and recovery of any payment upon such entry. In addition, CONTRACTOR shall respond to the reasonable inquiries of successor CONTRACTORS and allow successor CONTRACTORS to receive working papers relating to matters of continuing significance. In addition, CONTRACTOR shall provide a complete copy of all working papers to the CITY, prior to final payment by the CITY, in accordance with the RFP for CONTRACTOR services. 7.3 Policy of Non Discrimination. CONTRACTOR shall not discriminate against any person in its operations, activities or delivery of services under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for service delivery. 7.4 Public Entity Crime Act. CONTRACTOR represents that the execution of this agreement will not violate the Public Entity Crime Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a CONTRACTOR, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to CITY, may not submit a bid on a contract with CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to CITY, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or consultant under a contract with CITY, and may not transact any business with CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from CITY'S competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been . no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. By submitting a response to this RFP, Proposer certifies that it is qualified under Section 287.133, Florida Statutes, to provide the services set forth in this RFP. 7.5 Independent CONTRACTOR. CONTRACTOR is an independent CONTRACTOR under this Agreement. Services provided by CONTRACTOR pursuant to this Agreement shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees or RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 6 of 12 agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of CONTRACTOR. This Agreement shall not constitute or make the parties a partnership or joint venture. 7.6 Third Party Beneficiaries. Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them. Based upon this Agreement the parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 7.7 Notices. Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail postage prepaid 'return receipt requested or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present,the parties designate the following: CITY: John R. Flint, City Manager Weston City Hall 17200 Royal Palm Boulevard Weston, Florida 33326 With a copy to: Jamie Alan Cole, Esq. City Attorney Weiss Serota Helfman Pastoriza Cale & Boniske, P.L. 200 East Broward Boulevard, Suite 1900 Fort Lauderdale, Florida 33301 CONTRACTOR: A &A Drainage & Vac Services, inc. 13846 NW 14th Street Pembroke Pines,FL 33028 954-680-0294 7.8 Assignment and Performance. Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by CONTRACTOR, except with the prior approval of the City Manager, which shall be in his sole and absolute discretion. In addition, CONTRACTOR shall not subcontract any portion of the work required by RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 7 of 12 this Agreement, except with the prior approval of the City Manager, which shall be in his sole and absolute discretion. A list of all such sub- contractors shall be included in the Proposal. If additional sub-contractors are to be used during the term of this Agreement, other than those submitted in the Proposal, a list of such sub-contractors shal I be provided to the City Manager, subject to his approval. CONTRACTOR represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the RFP and to provide and perform such services to CITY'S satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations and services under this Agreement in a skillful and respectable manner. 7.9 Conflicts. Neither CONTRACTOR nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CONTRACTOR'S loyal and conscientious exercise of judgment related to its performance under this Agreement. CONTRACTOR agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against CITY in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process. Further, CONTRACTOR agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of CITY in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude CONTRACTOR or any other persons from representing themselves in any action or in any administrative or legal proceeding. In the event CONTRACTOR is permitted to utilize sub- contractors to perform any services required by this Agreement, CONTRACTOR agrees to prohibit such sub- contractors, by written contract, from having any conflicts within the meaning of this section. 7.10 Contingency Fee. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For a breach or violation of this provision, CITY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.11 Materiality and Waiver of Breach. CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement-and, therefore, is a material term hereof. CITY'S failure to enforce any provision of this Agreement shall not be deemed a waiver of such RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 8 of 12 provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 7.12 Compliance with Laws. CONTRACTOR shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 7.13 Severance. In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 7.14 Joint Preparation. The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 7.15 Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 7 of this Agreement shall prevail and be given effect. 7.16 Applicable Law and Venue; Attorney's Fees and Costs. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The parties submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of, or relating to, this Agreement. Venue of any action to enforce this Agreement shall be in Broward County, Florida. The parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected with this Agreement. The parties understand and agree that this waiver is a material contract term. This Agreement is not subject to arbitration. If any party is required to enforce the terms of this Agreement by court proceedings or otherwise, whether or not formal legal action is required, each party shall pay its own attorney's fees and costs. 7.17 Amendments. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement. 7.18 Prior Agreements. This Agreement and its attachments constitute the entire agreement between CONTRACTOR and CITY, and this document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 9 of 12 there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained here shall be effective unless set forth in writing in accordance with Section 7.17 above. 7.19 Drug-Free Workplace. CONTRACTOR shall maintain a drug-free workplace. 7.20 Incorporation by Reference. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits are incorporated hereto and made a part of this Agreement. 7.21 Multiple Originals. This Agreement may be fully executed in two (2) copies by all parties each of which, bearing original signatures, shall have the force and effect of an original document. 7.22 Headings. Headings are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 7.23 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.24 Public Records. CONTRACTOR acknowledges that the public shall have access, at all reasonable times, to certain documents and information pertaining_ to Owner's contracts, pursuant to the provisions of Chapter 119, Florida Statutes. CONTRACTOR agrees to maintain public records in CONTRACTOR's possession or control in connection with CONTRACTOR's performance under this Agreement and to provide the public with access to public records in accordance with the record maintenance, production and cost requirements set forth in Chapter 119, Florida Statutes, or as otherwise required by law. CONTRACTOR shall ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law. Unless otherwise provided by law, any and all reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of Owner. In the event of termination of this Agreement by either party, any reports, photographs, surveys and other data and documents and public records prepared by, or in the possession or control of, CONTRACTOR, whether finished or unfinished, shall become the property of Owner and shall be delivered by CONTRACTOR to the City Manager, at no cost to the Owner, within seven (7) days of termination of this Agreement. All such records stored electronically by CONTRACTOR shall be delivered to the Owner in a format that is compatible with the Owner's information technology systems. Upon termination of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure. Any RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 10 of 12 compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. CONTRACTOR's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the Owner. 7.25 Survival of Provisions. Any terms or conditions of this Agreement that require acts beyond the date of its termination shall survive the termination of this Agreement, shall remain in full force and effect unless and until the terms of conditions are completed, and shal I be fully enforceable by either party. 7.26 Truth-in-Negotiation Certificate. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. 7.27 Non-Appropriation of Funds. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal year for payments due under this Agreement, then the City, upon written notice to CONTRACTOR of such occurrence, shall have the unqualified right to terminate this Agreement without any penalty or expense to the City. 7.28 Default. In the event of a default by the CONTRACTOR, the CONTRACTOR shall be liable for all damages resulting from the default. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy specifically given or otherwise existing and may be exercised from time to time as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY's rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. [THIS SPACE INTENTIONALLY LEFT BLANK] RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 11 of 12 CHAPTER 2 — REQUEST FOR PROPOSALS (EXHIBIT 'A") Request for Proposals No. 2013-18 for Maintenance of Stormwater and Sanitary Sewer Facilities Published on: November 30, 2013 i 3 I p� 5 CITY OF WESTON MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Request For Proposals RFP No. 2013-18 DECEM BER 2013 SECTION 1: REQUEST FOR PROPOSALS NOTICE SECTION 2: BACKGROUND INFORMATION SECTION 3: GENERAL CONDITIONS SECTION 4: PROPOSAL PROCESS SECTION 5: FORMS SECTION 6: AGREEMENT RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 2 of 76 SECTION 1 — REQUEST FOR PROPOSALS NOTICE The City of Weston issued the following Request for Proposals (RFP) Notice pertaining to Maintenance of Stormwater and Sanitary Sewer Facilities for the CITY. The RFP Notice was advertised in the Sun-Sentinel on November 30, 2013. [THIS SPACE INTENTIONALLY LEFT BLANK] RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 3 of 76 NOTICE TO PROPOSERS NOTICE IS HEREBY GIVEN that the City of Weston, Florida will be accepting sealed proposals for: REQUEST FOR PROPOSALS MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES RFP NO. 2013-18 The CITY is requesting proposals from qualified contractors, (hereinafter referred to as the CONTRACTOR), to provide continuing services for vacuum cleaningretting and inspection of, and emergency response to, city owned stormwater, sanitary sewer structures and appurtenances including but not limited to: catch basins, inlets, manholes, pipe outfall, and pollution control devices, sanitary sewer pipes and lift stations. Sealed proposals will be received by the City Clerk until 11:00 a.m., local time, Monday, December 30, 2013, (the "Proposal Submittal Deadline") at the City of Weston, City Hall, located at 17200 Royal Palm Boulevard, Weston, Florida. The official clock at the City Hall reception desk shall govern. Proposals received after this time will be returned unopened. AVAILABILITY OF RFP DOCUMENTS Interested parties may purchase a Request for Proposals ("RFP") for MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES at the Weston Community Center, 20200 Saddle Club Road, Weston, Florida 33327, 8:30 a.m. — 4:30 p.m., Monday through Friday, upon payment of a $50.00 non-refundable fee, for each RFP. Payment must be made by check, Visa, Master Card or American Express. No cash payments will be accepted. The RFP may also be examined at the Weston Community Center at the referenced address. Proposals shall be submitted on the form(s) provided. Project Manuals are also available for electronic download from Onvia DemandStar at http://www.demandstar.com. There is a cost for any document package electronically downloaded from the Onvia DemandStar Web site by members without subscriptions that include the City of Weston in their subscription service territory. EXPERIENCE Proposers must have a minimum of five years experience in providing vacuum cleaning and jetting services for stormwater AND sanitary sewer for a government agency/utility within Broward, Miami-Dade or Palm Beach counties, of similar size and scope as the City of Weston. MANDATORY PRE-PROPOSAL CONFERENCE A mandatory pre-proposal conference will be held on Tuesday, December 10, 2013 at 2:00 p.m., local time, at the Weston Community Center, located at 20200 Saddle Club Road, Weston, Florida 33327. All Proposers planning to submit a Proposal are required to attend this meeting. Proposers shall allow sufficient time to ensure arrival prior to the indicated time. Failure of a Proposer to be present for the entire mandatory pre-proposal meeting, beginning at the time stated above and concluding at the dismissal of the mandatory pre-proposal meeting by the CITY, shall render a Proposer to be deemed non-responsive and the Proposal shall not be considered for award. Decisions of the CITY shall be final. The official clock at the location of the Pre-Proposal Conference shall govern. PROPOSAL PROCEDURES RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 4 of 76 Each Proposal shall be submitted in a separate plain sealed parcel, box or other secure packaging, marked as the "Proposal". The outside of the sealed package must clearly indicate the submitting RFP No. 2013-18, "Maintenance of Stormwater and Sanitary Sewer Facilities." Proposer's name, address and the name and telephone number of the Proposer's specific contact person. The Proposal shall contain seven (7) complete copies and one (1) unbound original, and is required to be submitted to the CITY by the date and time indicated above. Each copy shall contain all required information in order to be considered responsive. Once a Proposal has been submitted to the City Clerk, it shall not be returned to the Proposer for any reason. The withdrawal, modification or correction of a Proposal after it has been opened by the CITY shall constitute a breach by the Proposer. All proposal prices shall be guaranteed firm for a minimum of ninety (90) calendar days after the submission of the Proposal. No Proposer may withdraw its Proposal within ninety (90) calendar days after the Proposal opening date. Proposal security in the form of a Proposal Bond acceptable to the CITY or Cashier's Check made payable to the "City of Weston" in the amount of ten thousand dollars ($10,000.00), will be required. The Sealed Proposals will be publicly opened at the City Hall immediately after the Proposal Submittal Deadline. The official clock at the City Hall reception desk shall govern. Award of the Proposal will be made at a City Commission meeting. Any questions concerning this Notice to Bidders shall be in writing, directed to Karl Kennedy, Calvin, Giordano & Associates, Inc. at klcennedy@cgasolutions.com or fax: 954-921-8807 by 4:00 pm, local time on December 23, 2014. All Proposers are advised that the CITY has not authorized the use of the City seal by individuals or entities responding to CITY Request for Proposal, and that any such use by unauthorized persons or entities constitutes a second degree misdemeanor pursuant to Section 165.043, Florida Statutes. All Proposers are advised that the CITY will not supply or sell materials to Proposers in connection with submission or preparation of Proposals, or any other matter, including but not limited to envelopes, labels or tape. The City Commission of the City of Weston reserves the right to reject any and all Proposals, to waive any informality in a Proposal and to make awards in the best interests of the CITY. A Cone of Silence is imposed upon publication of this Notice to Proposers. The Cone of Silence prohibits communications with the following individuals pertaining to this RFP: Any member of the City Commission: Daniel J. Stermer, Mayor; Angel M. Gomez, Commissioner; Toby Feuer, Commissioner; Jim Norton, Commissioner; and Thomas M. Kallman, Commissioner; or any member of the Selection Committee: Karl C. Thompson, Director of Public Works; Rich Ropke, Utilities Supervisor; and David Dove, Drainage Supervisor; or any member of the Protest Committee, if and when established. The Selection Committee shall convene at a publicly noticed meeting and review submissions, rank and evaluate the proposals and provide a recommendation to the City Commission. The details of the CITY's Cone of Silence are set forth in Section 32.10 of the City Code. RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 5 of 76 All lobbyists shall register with the CITY prior to engaging in any lobbying. The details of the CITY's Lobbyist Registration requirements are set forth in Chapter 25 of the City Code Patricia A. Bates, MMC City Cleric City of Weston Published on: November 30, 2013 RFP No.2073-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 6 of 76 SECTION 2 — BACKGROUND INFORMATION 2.1 General The CITY is requesting Sealed Proposals from qualified and experienced CONTRACTOR(s), to provide continuing services for vacuum cleaning/jetting and inspection of, and emergency response to, city owned stormwater, sanitary sewer structures and appurtenances including but not limited to: catch basins, inlets, manholes, pipe outfall, and pollution control devices, sanitary sewer pipes and lift stations. Upon the City Commission's ratification of the Selection Committee's rankings, the CITY will enter into an agreement, in the form attached to this RFP (the "Agreement") with a CONTRACTOR. The CONTRACTOR shall comply with all federal, state and local laws, rules, practices and regulations including but not limited to dewatering, turbidity, sediment and permitting. The CONTRACTOR must self perform all services unless otherwise indicated. No Sub- contracting of the main services will be allowed. No guarantee is expressed or implied as to the quantity of services, if any, to be procured under this Request for Proposal by the CITY. The CITY reserves the right to conduct investigations as it deems necessary, to determine the ability of the selected CONTRACTOR(s) who shall perform the work or services. Information the CITY deems necessary in order to make a determination shall be provided by the CONTRACTOR upon request. 2.2 Scope Of Work A. Background — The CITY is responsible for the management and maintenance of the City's wastewater and stormwater infrastructure. This includes includes: stormwater management systems consisting of a complex network of over 1700 catch basins, drainage structures, weirs, pipes, culverts, lakes, canals, outfalls and pumping stations; and approximately 139 miles of wastewater gravity pipes, 57 miles force mains, over 3600 manholes and 69 wastewater lift stations. B. Services — The CONTRACTOR shall furnish all labor, supervisor, materials, equipment, supplies, tools, safety measures, maintenance of traffic (MOT) and services required to accomplish the regular maintenance of the CITY's stormwater management system and sanitary sewer (wastewater) facilities which include, but is not limited to the cleaning of the following: 1. Catch basins. 2. Stormwater manholes. 3. Stormwater pipes. 4. Stormwater pollution control structures, weirs & other appurtenances. 5. Sanitary sewer/Wastewater gravity pipes and manholes. 6. Sanitary sewer/Wastewater force mains. 7. Wastewater lift stations. 8. Closed Circuit Televising of pipe (CCTV) — (can be performed by a RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 7 of 76 subcontractor). 9. Unforeseen emergency work involving the systems stated above and specified herein. The CONTRACTOR will be required to respond to and provide services for routinely scheduled and preventative work orders as specified by the CITY. Additionally, those events where services are needed for the immediate and initial response to emergency situations such as, but not limited to, water line breaks/repair, wastewater line blockage, sanitary sewer overflows (SSO), potholing, street wash down and cleanup sewage decontamination, stormwater pipe and culvert investigations, lid and grate replacement. C. Emergency Callouts: The CONTRACTOR shall be available for emergency callouts. Emergency response and deployment of staff and equipment shall be on scene within one half hour of notification. Proposal shall identify staffing availability for emergency response, distance of travel and equipment to demonstrate that this response time can be met. The Contractor shall supply the CITY with the name(s), and telephone number(s) of responsible person(s) representing the CONTRACTOR for twenty-four(24) hour, seven (7) days a week emergency response. This information shall remain current at all times. Any changes shall be forwarded to the CITY in writing. All procedures for emergency callouts will be consistent with the Broward County regulations. Hourly rates for staff and equipment responding to emergency call outs, after hours, shall be stated in FORM 5. The CITY shall compensate CONTRACTOR for a two (2) hour minimum regardless if less time is spent resolving the emergency. D. Cleaning/Maintenance — The CONTRACTOR shall be responsible for performing the cleaning of the entire sanitary sewer system and stormwater infrastructure. The intent of sewer line cleaning is to remove all sludge, dirt, sand, rocks, grease, and other solids or semisolid material from the pipe. Pipe cleaning shall be performed with a hydraulically propelled high-velocity jet. The equipment shall be capable of removing tree roots, dirt, grease, rocks, sand and other materials and obstructions from the sewer lines and manholes. As a minimum, jetting of lines must be performed by pulling the high velocity spray nozzle in the direction opposite to the force created by the water pressure. The CONTRACTOR shall employ a debris trapping system or implement vacuuming in the outlet of the downstream manhole prior to cleaning any sewer line to contain all foreign materials in the manhole. The CONTRACTOR will remove all trapped materials from the manhole prior to removal from the system. All Materials resulting from the sewer line cleaning shall be removed from the sewer lines and associated structures prior to moving to the next sewer line segment. The CONTRACTOR shall use precautions to ensure that the water pressure created by the cleaning operations does not damage or cause flooding of public or private property. Also, CONTRACTOR shall take precautions in the use of cleaning equipment, so as to prevent damage to the existing pipe and manholes. The CONTRACTOR shall be responsible for all costs involved in damage to public or RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 8 of 76 private property through its cleaning/maintenance operation. Any damage to the pipe shall be repaired by the CONTRACTOR immediately at no cost to the CITY. The CONTRACTOR shall not dispose of or allow any liquid or solid waste from the sanitary sewer cleaning operation to enter the CITY's stormwater system. All debris removed from the sanitary sewer system needs to be properly disposed of. The designated sanitary sewer sections shall be cleaned using hydraulically propelled, high-velocity jet equipment. Selection of the equipment used shall be based on the conditions of the lines at the time the work commences. The equipment and methods selected shall be in accordance with industry and the CITY's best management practices. The equipment shall be capable of removing tree roots, dirt, grease, rocks, sand, and other materials and obstructions in the sewer lines and manholes. If cleaning of the entire section cannot be successfully performed from one manhole, then the equipment shall be set up at the upstream manhole and cleaning attempted again. E. National Pollution and Discharge Elimination System (NPDES) — The CITY is a co- permitee of the Broward County Municipal Separate Storm Sewer System (MS4) NPDES permitee FLS000016-003 as a result, as directed by the CITY, the CONTRACTOR shall support the requirement of the (MS4) NPDES Permit and the implementation of appropriate Best Management Practices (BMPs) for preventing or reducing the amount of storm water pollution. The current maintenance schedule includes but is not limited to the Table 2.2(E), below: Table 2.2(E) BMP Inspection Schedule Dry Retention Systems Exfiltration Trench/French Drains Grass Swales(Dry) Once every three years Dry Detention Systems Wet Detention Systems Pollution Control Boxes Quarterly, < or > Stormwater Pump Stations Semi-annually or > Major Stormwater OutfalIs Annually, < or > Weirs or Other Control Structures Associated with Stormwater Structural Same as SW control with which it is associated Controls Pipes/Culverts Storm Sewer Inlets, Catch Basins, 10% of total structures annually Grates, Ditches, and Other Stormwater 100%/10 years (2 permit cycles) Conveyances RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 9 of 76 F. Equipment — All CONTRACTOR equipment must be in a good state of repair and maintained in such good state during the progress of the work. No worn or obsolete equipment shall be used, and in no case shall the maker's rating capacity for any equipment be exceeded. CONTRACTOR must provide City with a list of equipment to be used for sanitary sewer and stormwater infrastructure cleaning. The following requirements shall be met: 1. CONTRACTOR shall own or lease High-Velocity Hydraulic (Hydro-Cleaning) Equipment (Vacuum and Jetting Truck): All High-Velocity Sewer Cleaning Equipment shall be constructed for ease and safety of operation. The equipment shall be operated at the industry standard for proper cleaning of the City's sanitary sewer lines. All equipment manufactures recommendations for PSI and gallons per minute need to be followed. The nozzles shall be capable of producing a scouring action, in the lines designated to be cleaned, to remove debris and sand from the flow line. Equipment shall also include a high-velocity jetter for washing and scouring manhole walls and floors. The jetter shall be capable of producing flows from a fine spray to a solid stream. 2. CONTRACTOR shall have a minimum of two (2) permitted Vacuum/jetting trucks available for the CITY at all times. Trucks and equipment used for sanitary sewer operations shall not be used on stormwater or water main break related operations. 3. Root Removal Equipment: Hydraulic or mechanical driven cutters may be used as necessary to remove root intrusion as dicated by pipe material. 4. CONTRACTOR must provide CITY with a list of equipment to be used for sanitary sewer and storm water infrastructure cleaning. 5. In the instance that the CONTRACTOR's equipment becomes lodged in the sewer lines, the CONTRACTOR will notify the CITY as soon as possible, and take all necessary steps for removal. The CONTRACTOR shall take precautions when removal occurs not to damage the sewer lines, system or cause an overflow. If the equipment must be removed by excavation of the sewer line, the CONTRACTOR will be responsible for all cost incurring for the retrieval of the equipment. G. Closed Circuit Televising of Pipe (CCTV) — shall be defined as the digital recording of the internal condition of the Pipe and structures. Some examples of types of pipe found in the system are Ductile Iron, Corrugated Metal, Corrugated HDPE, Concrete, and PVC. Ali structures and appurtenances shall record actual sizes, condition, number of inlets and outlets, and materials used in construction. All structures will be recorded to GIS_ All photo and Video will be in color and a minimum of 2 megapixel resolution. Video data will be indexed to allow accurate length and diameters to be recorded. All information shall be able to migrate to a GIS database. The Contractor is responsible for the safety of the site up to and including the completion of the work. H. Subcontracting — The CONTRACTOR shall own or lease all equipment amd employees shall work directly for CONTRACTOR. The CITY will not accept any form of subcontracting for the main scope of work, with the exception of CCTV RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 10 of 76 work. Any other type of subcontracting for any miscellaneous services requests shall be approved by the CITY. I. Work Order (Service Request) Completion Data Input — The CONTRACTOR shall enter/input information for completed work order (service request) into CITY's Asset Management Software and/or provide electronically on disk for CITY's ArcGIS software. The typical information required includes: date serviced, location, type of work (routine, PM, emergency), city asset serviced (e.g. catch basin#, manhole #, lift station#, etc), the relevant asset data (e.g. physical condition, cause of failure), materials used, and hours or cost for service. Work Order Completion data input shall be entered no later than 30 days after the actual performance of the work order or service request. If electronic work order system is down, the information should be provide in an electronic format capable of upload at a later date. Acceptable format are defined as Excel spreadsheet files or Access database files. Written reports to the CITY will only be accepted when requested by the CITY. J. Disposal of Waste Debris — The CONTRACTOR The Contractor is responsible for the safe removal and disposal of all debris in accordance with all Federal, State, and local codes, regulations, and statutes, including those specific to hazardous materials. CONTRACTOR shall not mix hazardous materials waste with the City's non-hazardous waste. The CONTRACTOR shall assume all liability and all applicable costs. Additionally, the CONTRACTOR shall not mix wastes from others with City wastes, except when disposing at an approved disposal facility. CONTRACTOR is responsible for the cost of required permits and the disposal of the waste debris. Disposal fees (user fees) including testing fees from disposal are the responsibility of the CONTRACTOR. CONTRACTOR shall accurately record transport activity via shipping manifests. K. Overflows/Spillage — THE CONTRACTOR is solely responsible if the CONTRACTOR's cleaning causes a sanitary sewer overflow (SSO). The CONTRACTOR shall immediately mitigate the situation and contact the City. The CONTRACTOR shall implement the CITY's overflow emergency response plan. CONTRACTOR shall within 24 hours from the occurrence, submit to the City representative a written report describing the following. 1. Location of Spill 2. Type of remedial/clean up measures 3. Duration 4. Cause 5. Corrective/Preventative actions 6. Impacted water bodies 7. The cost of travel shall be included in the proposal prices. L. Travel —The cost of travel shall be included in the proposal prices. M. Response Time RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 11 of 76 1. The CONTRACTOR shall maintain a telephone line which is monitored 24 hrs per day 7 days per week. 2. The CONTRACTOR shall maintain electronic mail site and a fax machine capable of receiving work orders 24 hrs per day 7 days per week. 3. In cases of emergency service requests, the CONTRACTOR shall respond within one half hour (30 minutes) of being notified. The CONTRACTOR must provide an explanation of how it will meet this requirement. N. Point of Contact — The CONTRACTOR is required to provide one point of contact for the CITY. Please provide the name and qualifications of the project manager who will be assigned to the City as the point of contact O. Staff — The CONTRACTOR shall maintain the personnel resources necessary to manage staff and perform the work within this contract. P. Permits — Any permits will be acquired by the CONTRACTOR and invoiced at cost. Q. Project Manager — The CONTRACTOR shall be knowledgeable stormwater and sanitary sewer maintenance operations. R. Additional Services — Include any additional products and/or services available that CONTRACTOR currently performs in its normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract. S. The CONTRACTOR shall do extra work not specified herein that may be ordered in writing by the CITY. For the work, the CONTRACTOR shall be paid at the rate named in the Contract for the work of a similar nature and character. Except as hereinafter provided, all extra work ordered and performed in accordance with this paragraph shall be paid for at the price in the written order for such work. The price (or rate) shall have been approved by the CITY and mutually agreed upon by the CONTRACTOR. 2.3 Supervision and Responsibility of CONTRACTOR The CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR'S employees/independent contractors, and shall not employ on the work site an unfit person or anyone not skilled in the work assigned to him. Subcontractors, employees or independent contractors of the CONTRACTOR whose work is unsatisfactory to the CITY or who are considered by the CITY'S representative as careless, incompetent, unskilled or disorderly or who use threatening or abusive language to any person shall be dismissed from work upon notice from the CITY and shall not be employed to perform the work thereafter. No liquor, alcoholic beverages or drugs shall be allowed on the site of the work. The CONTRACTOR shall operate a drug free workplace. A. Supervisor — The CONTRACTOR shall maintain a Supervisor for this project, and such supervisor shall be available by cellular telephone at all times. The Supervisor shall be RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 12 of 76 able to manage all facets of the project for the CONTRACTOR. The Supervisor must be fluent in English, have excellent communication skills and be capable of directing all regular services and additional services (if required) and coordinating these with the designated CITY representative. B. Employee/Independent Contractor's Performance - The CONTRACTOR shall employ (or contract with) personnel competent to perform the work specified herein. The CITY reserves the right to request the removal of a CONTRACTOR'S employee/independent contractor from performing maintenance on the CITY'S grounds where such employee's/independent contractor's performance or actions are obviously detrimental to the program. C. Uniforms - CONTRACTOR shall provide all employees with color coordinated uniforms that shall meet the CITY'S public image requirements and be maintained by CONTRACTOR so that all personnel are neat, clean and professional in appearance at all times. Non-uniform clothing will not be permitted, including for new employees. Safety vests must be worn at all times. D. Vehicles - CONTRACTOR shall keep all vehicles and equipment in good repair, free from leaking fluids, properly registered, of uniform color and shall bear the company name on each side in not less than 1 1/z" letters. E. Maintenance of Traffic — CONTRACTOR shall be responsible for proper maintenance of traffic (M.O.T.) at all times. Cones and proper signage must be used to stage vehicles and equipment and to protect works on or near roadways. F. Equipment Safety - CONTRACTOR shall keep all equipment in an efficient and safe operating condition while performing work under the contract. Equipment shall have proper safety devices maintained at all times while in use. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the CITY may direct the CONTRACTOR to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the CITY. The CONTRACTOR shall be responsible and liable for injury to persons and property caused by the operation of the equipment. G. Storage - The CONTRACTOR shall be responsible for the safe storage of all materials and equipment at CONTRACTOR'S sole expense. 2.4 CONTRACTOR Qualifications — Experience and Licensing All proposers must provide the necessary documentation to demonstrate that they meet the following qualifications. A. Service and Incorporation — CONTRACTOR shall have been in continuous service in Florida (with a Florida resident or branch office) for a minimum of 5 years. CONTRACTOR shall have been continuously incorporated for a minimum of five (5) years. RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 13 of 76 B. Experience - CONTRACTOR must provide evidence of a minimum of five years experience in providing vacuum cleaning and jetting services for stormwater AND sanitary sewer for a government agency/utility within Broward, Miami-Dade or Palm Beach counties, of similar size and scope as the City of Weston. C. License — CONTRACTOR must currently possess and provide proof of one (1) of the following license and/or State of Florida/Broward County registration: a. State of Florida: certified general contractor or certified plumbing contractor; or certified underground utility and excavation contractor; or b. Broward County: master plumber; or certified building contractor class; or general engineered construction builder. c. All license/certification must be current and valid at this time of proposal submittal. D. NPDES training—CONTRACTOR must demonstrate that two or more of his employees assigned to work on this CITY contract possesses one of the following NPDES training: a. Erosion and Sediment Control or, b. IDDE and Construction site. 2.5 Insurance A. Requirements: Before performing any work, CONTRACTOR shall procure and maintain, during the life of the Agreement, unless otherwise specified, insurance listed below. Simultaneous with the delivery of an executed Proposal to the CITY when required, CONTRACTOR shall furnish to CITY proof of insurance which meets the requirements set forth herein. The policies of insurance shall be primary and written on forms acceptable to the CITY and placed with insurance carriers licensed by the Insurance Department in the State of Florida and meet a minimum financial AM Best Company rating of no less than "A- Excellent: FSC Vll." In the event that the insurance carrier's rating shall drop, the insurance carrier shall immediately notify the CITY. The CITY must approve any changes to these specifications. The City of Weston shall be named as additional insured, as their interests may appear on all policies except Workers' Compensation. As respects General Liability coverage, the Completed Operations Coverage and the Additional Insured status of the CITY; shall be maintained for this Project for not less than five (5) years following completion and acceptance by the CITY or no more restrictive than Insurance Services Office (ISO) form CG 20 37 (07 04). Waiver of subrogation in favor of the City of Weston is required on all policies except Workers' Compensation. CONTRACTOR shall provide Statutory Workers' Compensation, and Employer's Liability insurance with limits of not less than $1,000,000 per employee per accident, $1,000,000 disease aggregate and $1,000,000 per employee per disease for all personnel on the worksite. If applicable, coverage for the Jones Act and US Longshoremen and Harborworkers Exposures must also be included. (Elective exemptions will NOT satisfy this requirement. Certificates evidencing an employee leasing company as employer will not be accepted). In the event the CONTRACTOR has "leased" employees, the CONTRACTOR must provide a Workers' Compensation policy for all personnel on the worksite. All documentation must be provided for review and approval by the CITY. RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 14 of 76 The CONTRACTOR is responsible for the Workers' Compensation of any and all subcontractors, including leased employees, used by the CONTRACTOR. Evidence of workers' compensation insurance coverage for all subcontractors, including leased employees, must be submitted prior to any work being performed. B. Commercial General Liability: including but not limited to bodily injury, property damage, contractual liability, products and completed operations (without limitation), watercraft or aircraft liability if those vehicles will be utilized, and personal injury liability with limits of not less than $2,000,000 each occurrence, covering all work performed under this Agreement. C. Business Automobile Liability: CONTRACTOR shall provide and maintain Business Automobile Liability at a limit of liability not less than $1,000,000 each occurrence covering all work performed under this Agreement. Coverage shall include liability for Owned, Non-Owned & Hired automobiles. In the event CONTRACTOR owns automobiles, CONTRACTOR agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability polity. If private passenger automobiles are used in the business, they must be commercially insured. If the CONTRACTOR is shipping a product via common carrier, the CONTRACTOR shall be responsible for any loss or damage sustained in delivery/transit/loading and unloading. D. Umbrella Liability: Umbrella polices are acceptable to provide the total required liability limits. E. Hazardous Materials Insurance: For the purpose of this section, the term "hazardous materials" includes all materials and substances that are now designated or defined as hazardous by Florida or Federal law or by the rules or regulations of Florida or any Federal Agency. If work being performed involves hazardous materials, the need to procure and maintain any or all of the following coverage will be specifically addressed upon review of exposure. However, if hazardous materials are identified while carrying out this Agreement, the CITY shall be notified immediately, and no further work shall be performed in the area of the hazardous material until the CONTRACTOR provides the following coverage(s) as determined solely by the CITY. 1. CONTRACTORs Pollution Liability: For sudden and gradual occurrences and in an amount no less than $1,000,000 per claim and $3,000,000 in the aggregate arising out of work performed under this Agreement, including but not limited to, all hazardous materials identified under the Agreement. RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 15 of 76 2. Asbestos liability: For sudden and gradual occurrences and in an amount no less than $1,000,000 per claim and $1,000,000 in the aggregate arising out of work performed under this contract. 3. Disposal: When applicable, the CONTRACTOR shall designate the disposal site and furnish a Certificate of Insurance from the disposal facility for Environmental Impairment Liability Insurance, covering liability for sudden and accidental occurrences in an amount not less than $3,000,000 per claim and $3,000,000 in the aggregate and shall include liability for non-sudden occurrences in an amount not less than $6,000,000 per claim and $6,000,000 in the aggregate. 4. Hazardous Waste/Materials Transportation: When applicable, the CONTRACTOR shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability insurance with Endorsement MCS90 for liability arising out of the transportation of hazardous materials with an amount not less than $3,000,000 annual aggregate and provide a valid EPA identification number. Certificates of insurance shall clearly state the hazardous material exposure work being performed under the Agreement. F. Policy form: All policies required by this Agreement, with the exception of Workers' Compensation, or unless specific approval is given by the CITY, are to be written on an occurrence basis, shall name the City of Weston as Additional Insured during the Agreement and for a minimum of five (5) years following the end of the Agreement (include wording on Certificate). Insurer(s), with the exception of Workers' Compensation, shall agree to waive all rights of subrogation against the City of Weston. G. Insurance requirements itemized in this contract and required of the CONTRACTOR shall be provided on behalf of all sub-CONTRACTORS to cover their operations performed under this Agreement. The CONTRACTOR shall be held responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to sub-CONTRACTORS. H. Each insurance policy required by this Agreement shall: 1. Apply separately to each insured against whom claim is made and suit is brought, except with respect to limits of the insurer's liability RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 16 of 76 2. Not be suspended, voided or canceled by either party except after thirty (30) calendar days prior written notice by certified mail, return receipt requested, has been given to the CITY, except the cancellation notice period for non-payment of premiums for Workers'Compensation notice shall be 10 days. I. The CITY shall retain the right to review, at any time, coverage, form, and amount of insurance. ). The procuring of required policies of insurance shall not be construed to limit CONTRACTOR's liability nor to fulfill the indemnification provisions and requirements of this Agreement. K. The CONTRACTOR shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this Agreement and shall be solely responsible for the payment of all deductibles and retentions to which such policies are subject. L. Claims Made Policies will be accepted for Pollution Liability (Hazardous Materials), and such other risks as are authorized by the CITY. All Claims Made Policies contributing to the satisfaction of the insurance requirements herein shall have an extended reporting period option or automatic coverage of not less than two years. If provided as an option, the CONTRACTOR agrees to purchase the extended reporting period on cancellation or termination unless a new policy is affected. Any new policy shall maintain the original retroactive date evidenced at the commencement of the Agreement. M. Certificates of Insurance evidencing Claims Made or Occurrence Form Coverage and conditions to this Agreement are to be furnished to City of Weston, 17200 Royal Palm Boulevard, Weston, FL 33326, prior to commencement of work AND a minimum of thirty (30) calendar days prior to expiration of the insurance contract, when applicable. All insurance certificates shall be received by the CITY before the CONTRACTOR will be allowed to commence or continue work. All insurance carriers must have their corresponding AM Best carrier ID listed on the Certificate of Insurance (COI). N. Notices of Accidents (occurrences) and Notices of Claims associated with work being performed under this Agreement, shall be provided to the CONTRACTOR's/ Sub/Consultant's insurance company and Risk Management as soon as practicable after notice to the insured. O. The insurance required for this Agreement shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. The CONTRACTOR shall furnish information concerning reduction of coverage with reasonable promptness in accordance with the CONTRACTOR's information and belief. P. Coverages Required Minimum Limits 1. Workers' Compensation Statutory Limits—State of Florida RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 17 of 76 2. Employers' Liability $1,000,000 accident/disease $1,000,000 policy limit,disease $1,000,000 each employee, disease 3. Automobile Liability $1,000,000 Combined single limit 4. General Liability For projects under For projects $1,000,000 $1,000,000. or over General aggregate $2,000,000 $5,000,000. Products and completed $2,000,000 $5,000,000. operations aggregate Personal and advertising injury $2,000,000 $2,000,000. • Each occurrence $2,000,000 $2,000,000. • Project specific aggregate $1,000,000 $5,000,000 5. Builder's Risk/Installation Floaters a. Roadways, Buildings if over $25,000 100% of Completed Value b. Machinery/equipment if over $25,000 100% of Completed Value c. Deductible < $10,000 6. Pollution Liability $1,000,000, if applicable (Bodily injury and property damage) Other Insurance required: CONTRACTOR shall be responsible for all deductible amounts. 2.6 Security A. Proposal Security: Simultaneous with the delivery of an executed Proposal to the CITY, the CONTRACTOR shall furnish to the CITY a Proposal Security in the amount of ten thousand dollars ($10,000.00) as security for the faithful execution of a contract with the CITY in the event of such award by the City Commission. B. Proposal Security may be in the form of a cashier's check payable to the CITY of Weston and drawn on a bank, authorized to do business in the State of Florida, or a Proposal Bond issued by a surety meeting the qualifications stated herein. The Proposal Security (cashier's check or proposal bond) shall be attached to Form 11 provided in Section 5. Proposal Security shall be returned subsequent to award of the contract by RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 18 of 76 the City Commission and execution by the successful CONTRACTOR and the appropriate City officials. C. Failure by the successful CONTRACTOR to execute a Contract, to furnish Performance and Payment Bond when required, and to furnish Certificates of Insurance in the minimum amounts specified in the Proposal, shall be just cause for the rescission of the award and the retention of the Proposal Security by the CITY. Such retention shall be considered not as a penalty, but as liquidation for damages sustained. Award may then be made to the next ranked CONTRACTOR, or all proposals may be rejected. D. Qualifications of Surety: Surety companies issuing Proposal Bonds and Performance and Payment Bonds shall fulfill each of the following provisions, and the CONTRACTOR shall provide evidence to document such fulfillment: 1. The surety company is licensed to do business in the State of Florida. 2. The surety company holds a currently valid certificate of authority authorizing it to write surety bonds in the State of Florida. 3. The surety company has twice the minimum surplus and capital required by the Florida Insurance Code at the time the Request for Proposals is issued. 4. The surety company is otherwise in compliance with the provisions of the Florida Insurance Code. 5. The surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under 31 U.S.C. § 9304-9308. 6. Each bond shall contain all provisions required by § 255.05, Florida Statutes, as may be amended from time to time. 7. Each bond shall be issued by a Florida resident agent. 8. Qualifications: As to companies being rated acceptable: A Proposal Bond and Performance and Payment Bond must be executed by a Surety Company of recognized standing, authorized to do business in the State of Florida and having been in business with a record of successful continuous operation for at least (5) years. In addition to the above minimum qualifications, the Surety Company must meet the following additional qualifications. The Surety Company shall meet a minimum financial AM Best Company rating of no less than "A- Excellent: FSC VII" and shall have at least the following minimum Policyholders ratings: A- Class VII or higher. In the event that the Surety Company's rating shall drop, the Surety Company shall immediately notify the Owner. RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 19 of 76 All Surety Companies are subject to review and approval by the CITY and may be rejected without cause. All bonds signed by an Agency must be accompanied by a certificate of authority to act. E. Duration of Bonds: Performance and Payment Bonds shall remain in force until acceptance of work; however, if the Contract is terminated, they shall remain in force for 1 year from the date of termination of this Contract as protection to the CITY against losses resulting from latent defects in materials or improper performance of work under the Contract that may appear or be discovered during that period. F. Non-compliance: CONTRACTOR'S failure to deliver executed Performance and Payment Bond in a form acceptable to the CITY shall constitute a material breach of the Contract and shall relieve the CITY of all payment obligations until such bonds are provided and shall result in the CONTRACTOR'S forfeiture of any and all proposal securities. G. Exemption of Requirements for Bonds: Pursuant to §255.05, Florida Statutes, as may be amended from time to time, if the construction contract with the CITY is for $200,000.00 or less, the CONTRACTOR may be exempted from executing the statutorily required performance and payment bonds, "at the discretion of the official or board awarding such contract when such work is done for any County, City, etc." 1. The CITY reserves the right to exempt, or not to exempt, the requirement of Performance and Payment Bonds. The CITY may choose to bond any such construction project for$200,000.00 or less. 2. In the event the CITY exempts the Performance and Payment Bond requirements, the CITY`S elected officials, employees, agents or consultant shall not be personally liable to persons suffering loss because of granting such an exemption. 2.7 Pricing CONTRACTORS shall provide the pricing information requested on Form 5 in Section 5 of this RFP. Prices shall include all costs for providing all labor, materials, supplies, equipment, travel, etc. to perform services in accordance with the scope of work. [END OF SECTION] RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 20 of 76 SECTION 3—GENERAL CONDITIONS 3.1 RFP Documents These RFP documents constitute the complete set of Proposal specifications and forms. All forms and documents must be executed, sealed and submitted as provided in Section 4 of this RFP. Proposals not submitted on the prescribed Proposal forms shall be rejected. By submitting a Proposal, the CONTRACTOR agrees to be subject to all terms and conditions specified herein. No exception to the terms and conditions shall be allowed. Submittal of a response to this RFP constitutes a binding offer by the CONTRACTOR. 3.2 Taxes The CONTRACTOR shall not be entitled to the CITY'S tax exempt benefits. 3.3 Additional Terms and Conditions No additional terms and conditions submitted by the CONTRACTOR with the RFP Proposal shall be evaluated or considered. Any and all such additional terms and conditions shall have no force and effect and are inapplicable to this RFP. 3.4 Interpretations and Inquiries All CONTRACTORS shall carefully examine the RFP documents. Any ambiguities or inconsistencies shall be brought to the attention of the CITY or its agent in writing prior to the Proposal deadline. Any questions concerning the intent, meaning and interpretation of the RFP documents shall be submitted in writing to Karl Kennedy, Calvin, Giordano & Associates, Inc. at kkennedy@cgasolutions.com or fax: 954-921-8807 by 4:00 pm, local time on December 23, 2014. Submission of a Proposal will serve as prima facie evidence that the CONTRACTOR has examined the Agreement and is fully aware of all conditions affecting the provision of services. No person is authorized to give oral interpretations of, or make oral changes to, the RFP documents. Therefore, oral statements will not be binding and should not be relied upon. Any interpretation of, or changes to, the RFP documents will be made in the form of a written addendum to the RFP document and will be furnished by the CITY to all CONTRACTORS who attend the mandatory pre- proposal meeting. Only those interpretations of, or changes to, the RFP document that are made in writing and furnished to the CONTRACTORS by the CITY may be relied upon. 3.5 Verbal Agreements No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before or after execution of the Agreement, shall affect or modify any of the terms or obligations contained in the Agreement. Any such verbal agreement or conversation shall be considered as unofficial information and in no way binding upon the CITY or the CONTRACTOR. 3.6 No Contingency Fees 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, company, corporation, individual or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 21 of 76 3.7 Independence On the Form 9 provided in Section 5 of this RFP, the CONTRACTOR shall list, and describe any relationships — professional, financial or otherwise — that it may have with the CITY, its elected or appointed officials, its employees or agents or any of its agencies or component units for the past five (5) years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the services sought in this RFP. Additionally, the CONTRACTOR shall give the CITY written notice of any other relationships — professional, financial or otherwise — that it enters into with the CITY, its elected or appointed officials, its employees or agents or any of its agencies or component units during the period of the Agreement. 3.8 Disqualification of CONTRACTORs More than one Proposal from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that a CONTRACTOR is involved in more than one Proposal for the same work will be cause for rejection of all Proposals in which such Proposers are believed to be involved. 3.9 Assignment; Non-transferability of Proposal Proposals shall not be assigned or transferred. A CONTRACTOR who is, or may be, purchased by or merged with any other corporate entity during any stage of the Proposal process, through to and including awarding of and execution of an Agreement, is subject to having its Proposal disqualified as a result of such transaction. The City Manager shall determine whether a Proposal is to be disqualified in such instances. If, at any time during the Proposal process, filings, notices or like documents are submitted to any regulatory agency concerning the potential acquisition of CONTRACTOR, or the sale of a controlling interest in the CONTRACTOR, or any similar transaction, CONTRACTOR shall immediately disclose such information to CITY. Failure to do so may result in the Proposal being disqualified, at the CITY'S sole discretion. 3.10 Compliance With Applicable Laws CONTRACTORS are required to comply with all provisions of federal, state, county and local laws, ordinances, rules and regulations that are applicable to the services being offered in this RFP. Lack of knowledge of the CONTRACTOR shall in no way be a cause for relief from responsibility, or constitute a cognizable defense against the legal effects thereof. 3.11 Familiarity with Laws and Ordinances The submission of a Proposal on the services requested herein shall be considered as a representation that the CONTRACTOR is familiar with all federal, state and local laws, ordinances, rules and regulations which affect those engaged or employed in the provision of such services, or equipment used in the provision of such services, or which in any way affects the conduct of the provision of such services; and no plea of misunderstanding will be considered on account of ignorance thereof. If the CONTRACTOR discovers any provisions in the RFP documents that are contrary to or inconsistent with any law, ordinance, or regulation, he shall report it to the CITY in writing without delay. RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 22 of 76 3.12 Advertising In submitting a Proposal, CONTRACTOR agrees not to use the results therefrom as a part of any Advertising or CONTRACTOR sponsored publicity without the express written approval of the City Manager or designee. 3.13 Execute Agreement The terms, conditions and provisions in this RFP shall be included and incorporated in the final Agreement between the CITY and the successful CONTRACTOR. The order of precedence will be the Agreement, the RFP Documents, the CONTRACTOR's response and general law. Any and all legal action necessary to interpret or enforce the Agreement will be governed by the laws of Florida. The venue shall be Broward County, Florida. 3.14 Facilities The City Manager or designee reserves the right to inspect each CONTRACTOR's facilities at any reasonable time, during normal working hours, without prior notice to determine that the Proposer has a bona fide place of business, and is a responsible Proposer. 3.15 Withdrawal or Revision of Proposal Prior to and After Opening A CONTRACTOR shall not withdraw, modify or correct a Proposal after it has been deposited with the CITY. The withdrawal, modification or correction of a Proposal after it has been deposited with the CITY shall constitute a breach by the CONTRACTOR. No CONTRACTOR may withdraw its Proposal within ninety (90) calendar days after the Proposal opening date. 3.16 CIITY'S Exclusive Rights The CITY reserves the exclusive rights to: 1. Waive any deficiency or irregularity in the selection process; 2. Accept or reject any or all qualifications statements in part or in whole; 3. Request additional information as appropriate; and, 4. Reject any or all submittals if found by the City Commission not to be in the best interest of the CITY. In the event of a sole proposal, CITY reserves the right to reject the sole proposal. By submitting a Proposal for the services, all CONTRACTORS acknowledge and agree that no enforceable Agreement arises until the CITY signs the AGREEMENT, that no action shall lie to require the CITY to sign such Agreement at any time, and that each Proposer waives all claims to damages, lost profits, costs, expenses, reasonable attorneys fees, etc., as a result of the CITY not signing such Agreement. 3.17 Addenda The CITY reserves the right to issue addenda. Each CONTRACTOR shall acknowledge receipt of such addenda on the Form 8 provided in Section 5 of this RFP. In the event any CONTRACTOR fails to acknowledge receipt of such addenda, his/her Proposal shall nevertheless be construed as RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 23 of 76 though the addenda had been received and acknowledged and the submission of his/her Proposal shall constitute acknowledgment of receipt of all addenda, whether or not received by him/her. It is the responsibility of each prospective CONTRACTOR to verify that he/she has received all addenda issued before depositing the Proposal with the CITY. 3.18 Review of the RFP Documents By the submission of a Proposal to do the work, the Proposer certifies that a careful review of the RFP documents has taken place and that the Proposer is fully informed and understands the requirements of the RFP documents and the quality and quantity of service to be performed. 3.19 Adjustment/Changes/Deviations No adjustments, changes or deviations to the RFP will be accepted unless the conditions or specifications of the RFP expressly so provide. 3.20 Public Records Upon award recommendation or ten (10) days after Proposal opening, whichever is earlier, any material submitted in response to this RFP will become a "public record" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes (Public Record Law). Proposers must claim the applicable exemptions to disclosure provided by law in their response to the RFP by identifying materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary and legal. The CITY reserves the right to make all final determination(s) of the applicability of the Florida Public Records Law. 3.21 Subcontracting No subcontracting, including employee leasing, shall be permitted, except with the prior approval of the City Manager, which shall be in his sole and absolute discretion. A list of all such subcontractors shall be included in the Proposal. If additional subcontractors are to be used during the term of this Agreement, other than those submitted in the Proposal, a list of subcontractors shall be provided to the City Manager, subject to his approval. 3.22 Public Entities Crime A person or affiliate as defined in Section 287.133, Florida Statutes, who or which has been placed on the convicted vendor list maintained by the Florida Department of Management Services following a conviction for a public entity crime, may not submit a bid on an Agreement to provide any goods or services to the CITY and may not transact business with the CITY in an amount set forth in Section 287.017, Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By submitting a response to this RFP, Proposer certifies that it is qualified under Section 287.133, Florida Statutes, to provide the services set forth in this Agreement for Maintenance of Stormwater and Sanitary Sewer Facilities. 3.23 Non-Collusion Affidavit The Proposer shall include the Non-Collusion Affidavit as set forth in the Form 6 provided in Section 5 of this RFP and as described in Section 4 of the RFP. Proposer's failure to include the affidavit shall result in disqualification. [END OF SECTION] RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 24 of 76 SECTION 4— PROPOSAL PROCESS 4.1 Mandatory Pre-proposal Meeting A mandatory pre-proposal meeting will be held on Tuesday, December 10, 2013 at 2:00 p.m, local time, at the Weston Community Center, 20200 Saddle Club Road, Weston, Florida 33327. All CONTRACTORS planning to submit a proposal are required to attend this meeting. CONTRACTORS should allow sufficient time to insure arrival prior to the indicated time. Proposals from those who have failed to attend will not be opened. CONTRACTORS arriving past the indicated time will not be eligible to submit a proposal. The official clock at the location of the Pre-Proposal Conference shall govern. Failure of a CONTRACTOR to be present for the entire mandatory pre-proposal meeting, beginning at the time stated above and concluding at the dismissal of the mandatory pre-proposal meeting by the CITY, shall render a CONTRACTOR to be deemed non-responsive and the Proposal shall not be considered for award. Decisions of the CITY shall be final. At the pre-proposal meeting, representatives of the CITY will be available to answer questions and explain the intent of this RFP. Questions about, or requested modifications to, the RFP documents which have been submitted in writing and received by the CITY at least five (5) business days prior to the pre-proposal meeting will be addressed. To the extent possible, the CITY will also consider other questions or concerns that may be raised at that time. After the pre-proposal meeting, the CITY may prepare written documentation to answer questions which were addressed at the pre- proposal meeting which relate to interpretation of, or changes to, the RFP documents which the CITY deems appropriate for clarification. 4.2 Preparation of Proposals No Proposer shall take exception to the specifications herein. Proposals taking exception to the specifications may be rejected as non-responsive. A. Number of Proposals Seven (7) complete copies of the Proposal, and one (1) unbound original Proposal, are required to be submitted to the CITY by the date and time indicated above. Each copy should contain all mandatory and optional information submitted by the Proposer. Additional copies may be requested by the CITY at its discretion. B. Proposal Packaging Each Proposal shall be submitted in a separate plain sealed parcel, box or other secure packaging, marked as the "Proposal", in accordance with Section 4:5. The outside of the sealed package shall clearly indicate the submitting RFP No. 2013-18 "Maintenance of Stormwater and Sanitary Sewer Facilities" Proposer's name, address and the name and telephone number of the Proposer's specific contact person. The Proposal shall contain seven (7) complete copies and one (1) unbound original, and is required to be submitted to the CITY by the date and time indicated in Section 4.3. Each copy shall contain all required information in order to be considered responsive. C. Signatures All required signatures shall be manual, in blue ink of an authorized representative who has the legal authority to bind the Proposer in contractual obligations. The Proposal shall be typed or legibly printed in ink. Use of erasable ink is not permitted. All blank spaces shall RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 25 of 76 be filled in and noted, in ink or typed, with amounts extended and totaled as appropriate. All corrections made by Proposer to any part of the Proposal document shall be initialed in ink. Failure to manually sign the appropriate Proposal forms will disqualify the Proposer and the Proposal will not be considered. Proposals by corporations shall be executed in the corporate name by the President or Vice- President (or other corporate officer if accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the Corporate Secretary or an Assistant Secretary. The corporate address and state of incorporation shall be shown below the signature. Proposals by partnerships shall be executed in the partnership name and signed by a partner. His/her title shall appear under his/her signature and the official address of the partnership shall be shown below the signature. D. Proposal Format The Proposal shall be typewritten on both sides of 8 'h x 11 inch white paper. Pages shall be secured by staple, cerlox binding or similar closures. Proposals shall be organized in chapters as described herein. Chapters shall be separated by a tab indicating the chapter number. All pages are to be consecutively numbered. If a form is provided and there is insufficient space for a response on a form, the response may be continued on a blank page immediately following the form. The additional pages are to be numbered the same as the form with the addition of the letter "a" "b" "c" etc. If a form is provided and additional forms are needed, the form may be copied. The copied pages are to be numbered the same as the form with the addition of the letter"a" "b" "c" etc. Responses shall be complete and unequivocal. In instances where a response is not required, or is not applicable or material to the Proposal, a response such as "no response is required" or "not applicable" is acceptable. Proposal Format Chapter 1 Letter of Intent Statement of Organization (Form 1) Personnel (Form 2) Sub-Contract Services (Form 3) Experience/References (Form 4) Chapter 2 Pricing and Equipment (Form 5) Financial Stabi I ity Financial Statement Chapter 3 Litigation History Insurance Requirement Criminal Convictions Non-Collusion Certification (Form 6) RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 26 of 76 Chapter 4 Drug-free Workplace (Form 7) Addenda (Form 8) Independence Affidavit (Form 9) Certification to Accuracy of Proposal (Form 10) Chapter S Proposal Security(Form 11) 4.3 Submittal, Receipt and Opening of Proposals All Proposals shall be submitted on or before 11:00 AM, local time, on Monday, December 30, 2013 to: Office of the City Clerk City of Weston 17200 Royal Palm Boulevard Weston, Florida 33326 All CONTRACTORS are reminded that it is the sole responsibility of the CONTRACTOR to ensure that their Proposal is time stamped in the OFFICE OF THE CITY CLERK prior to 11:00 AM, local time, on Monday, December 30, 2013. Failure of a CONTRACTOR to submit their Proposal and ensure that their Proposal is time stamped prior to the time stated above shall render a CONTRACTOR to be deemed non-responsive and the Proposal shall not be considered for award. 4.4 Selection Committee Proposals submitted will be evaluated by a three (3) member Selection' Committee ("Selection Committee") consisting of Darrel Thomas, Assistant City Manager; Don Decker, Director of Parks and Recreation and Kevin Butler, Chief of Police who will review submissions and provide a recommendation to the City Commission. 4.5 Sealed Proposal The Sealed Proposals will be publicly opened at 17200 Royal Palm Boulevard, Weston, Florida 33326, at 11:00 AM, local time, Monday, December 30, 2013. The Selection Committee shall examine the documentation submitted in the Proposals at a time thereafter to determine the responsiveness and responsibility of each CONTRACTOR. CONTRACTORS shall provide the following information in the Proposal: A. Letter of Intent The Letter of Intent is to be signed by an officer of the company authorized to bind the submitter to its provisions. The Letter of Intent is to contain a statement indicating the period during which the Proposal will remain valid. A period of not less than ninety (90) calendar days is required. B. CONTRACTOR's Statement of Organization CONTRACTORS shall complete Form 1 provided in Section 5 of this RFP. CONTRACTORS are permitted to supply additional information that will assist the CITY in understanding the CONTRACTOR`s organization. C. Personnel RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 27 of 76 CONTRACTORS shall carefully provide, in the format requested, all of the information requested in Form 2 provided in Section 5 of this RFP. All principals of the CONTRACTOR and key personnel performing services pursuant to this RFP shall provide a detailed resume indicating that individual's area of expertise and experience. D. Sub-Contract Work CONTRACTORS shall provide a list of the services that will be sub-contracted (not self performed) by the CONTRACTOR on the project utilizing Form 3 provided in Section 5 of this RFP. E. Experience A summary of CONTRACTOR's experience providing a minimum of five years experience in providing vacuum cleaning and jetting services for stormwater AND sanitary sewer for a government agency/utility within Broward, Miami-Dade or Palm Beach counties, of similar size and scope as the City of Weston, shall be provided using Form 4 provided in Section 5 of this RFP. CONTRACTOR shall not utilize as references, any CITY employee, CONTRACTOR, or official. CONTRACTOR's use of such references may result in disqualification, at the discretion of the CITY. F. Pricing CONTRACTORS shall provide the pricing information requested on Form 5 in Section 5 of this RFP. G. Financial Stability and Statements CONTRACTORS shall demonstrate financial stability. CONTRACTORS shall provide a statement of the CONTRACTOR's financial stability, including information as to current or prior bankruptcy proceedings. Proposals shall include a copy of the most recent audited annual financial statements. In the event the CONTRACTOR does not have audited financial statements, the CONTRACTOR may substitute non-audited financial statements and complete federal tax returns for the last two years. Financial statements provided shall include, at a minimum, a Balance Sheet, an Income Statement and a Statement of Cash Flows. Social Security numbers may be redacted on the statements/federal tax returns. H. Litigation History CONTRACTORS shall provide a summary of any litigation or arbitration that the CONTRACTOR, its parent company or its subsidiaries have been engaged in or are currently engaged in, during the past five (5) years against or involving (1) any public entity for any amount (2) any private entity for an amount greater than $100,000. The summary shall state the nature of the litigation or arbitration, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. The CITY may disqualify any CONTRACTOR it determines to be excessively litigious. 1. Insurance Requirement CONTRACTOR shall provide proof in the form of a certificate of insurance complying with the requirements specified in this RFP. J. Criminal Conduct In Form 1, CONTRACTORS shall provide a summary of any criminal activity within the last five years of the company, owners, officers, partners, key personnel, subsidiaries, or parent RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 28 of 76 company, related to the services described in this RFP. The CITY may disqualify a CONTRACTOR on the basis of past criminal convictions when those convictions relate to dishonesty, antitrust violations, or unfair competition. K. CONTRACTOR's Non-Collusion Certification CONTRACTOR shall complete and execute the Non-Collusion Affidavit of CONTRACTOR (Form 6 provided in Section 5 of this RFP). L. Drug-Free Workplace CONTRACTOR shall certify that it has implemented a drug-free workplace program in accordance with Section 287.087, Florida Statutes. In order to receive consideration, a signed certification of compliance (Form 7 provided in Section 5 of this RFP), shall be submitted with the RFP response. M. Addenda CONTRACTOR shall complete and sign the Acknowledgment of Addenda (Form 8 provided in Section 5 of this RFP) and include it in the Proposal in order to have the Proposal considered. In the event any CONTRACTOR fails to acknowledge receipt of such addenda, his/her Proposal shall nevertheless be construed as though the addenda had been received and acknowledged and the submission of his/her Proposal shall constitute acknowledgment of receipt of all addenda, whether or not received by him/her. N. Independence Affidavit CONTRACTOR shall list and describe its relationships with the CITY in accordance with Section 3.7 of the RFP (Form 9 provided in Section 5 of this RFP). O. Certification to Accuracy of Proposal CONTRACTOR shall certify and attest, by executing Form 10 provided in Section 5 of this RFP, that all Forms, Affidavits and documents related thereto that it has enclosed in the Proposal in support of its Proposal are true and accurate. Failure by the CONTRACTOR to attest to the truth and accuracy of such Forms, Affidavits and documents shall result in the Proposal being deemed non-responsive and such Proposal will not be considered. P. Proposal Security CONTRACTOR shall attach Proposal Security in the amount of ten thousand dollars ($10,000.00) to Form 11 that is provided in Section 5 of this RFP. Proposal Security may be in the form of a cashier's check or proposal bond as described in Section 2.6. 4.6 Qualification Evaluation The Selection Committee shall examine the documentation submitted in the Proposal to determine the responsiveness of each CONTRACTOR. Failure to provide the required information will disqualify any such Proposal as non-responsive and such Proposal will not be considered. The Selection Committee will disqualify any CONTRACTORS that make exaggerated or false statements. The evaluation of Proposals and the determination of conformity and acceptability shall be the sole responsibility of the Selection Committee. Such determination shall be based on information furnished by the CONTRACTOR, as well as other information reasonably available to the CITY. RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 29 of 76 The Selection Committee may make such investigations as it deems necessary to determine the ability of the CONTRACTOR to perform the services and the CONTRACTOR shall furnish the CITY all such information and date for this purpose as the CITY may request before and during the Proposal period. The Selection Committee reserves the right to make additional inquiries, interview some or all CONTRACTORS, make site visits, obtain credit reports, or any other action it deems necessary to fairly evaluate all CONTRACTORS. The Selection Committee may at its sole discretion reject a CONTRACTOR or qualify a CONTRACTOR. 4.7 Evaluation Each member of the Selection Committee will evaluate and rank each Proposal in each of the categories listed below. The full Selection Committee will then convene to review and discuss these evaluations and rank the CONTRACTORS as a group. Proposals will be evaluated and ranked based on, among additional factors,the following: A. The CONTRACTOR's qualifications, including financial ability to perform the services described in the Agreement. B. The CONTRACTOR's experience providing maintenance of Stormwater and Sanitary Sewer Facilities. C. The cost to CITY. D. Qualifications of CONTRACTOR's key employees. In the event of a tie, CITY shall break the tie by drawing lots at a publicly noticed meeting. Depending on the number of Proposals submitted, the Selection Committee may short-list the CONTRACTORS, down to three (3), and then interview and rank those top three (3) CONTRACTORS. The Proposal ranked one (1) will be recommended as prime CONTRACTOR by the Selection Committee to the City Commission for award of the Agreement. The City Commission will consider the selection of CONTRACTOR based upon the recommendation of the Selection Committee. 4.8 Protest Procedures 4.8.1 Standing Parties that are not actual proposers, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made pursuant to this Section. 4.8.2 Procedure A. Protest of Failure to qualify Upon notification by the CITY that a proposer is deemed non-responsive and/or non-responsible, the proposer who is deemed non-responsive and/or non-responsible may file a protest with the City Clerk by close of business on the third Business Day after notification (excluding the day of notification) or any right to protest is forfeited. (City Hall hours are as follows: Monday-Thursday from 8:00 am to 5:30 pm and Friday from 8:00 am to 3:00 pm.) B. Protest of Award of Agreement After a Notice of Intent to Award an Agreement is posted, any proposer who is aggrieved in connection with the pending RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 30 of 76 award of the agreement or any element of the process leading to the award of the agreement may file a protest with the City Clerk by close of business on the third Business Day after posting (excluding the day of posting) or any right to protest is forfeited. A Notice of Intent to reject all Proposals is subject to the protest procedure. C. Content and filing The protest shall be in writing, shall identify the name and address of the protester, and shall include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and the Protest Bond are received by the City Clerk. The official clock at the City Hall reception desk shall govern. 4.8.3 Protest Bond Any proposer filing a protest shall simultaneously provide a Protest Bond to the CITY in the amount of ten thousand dollars ($10,000). If the protest is decided in the protester's favor, the entire Protest Bond shall be returned to the protester. If the protest is not decided in the protester's favor, the Protest Bond shall be forfeited to the CITY. The Protest Bond shall be in the form of a cashier's check. 4.8.4 Protest Committee The Protest Committee shall review all protests. The City Manager shall appoint the members of the Protest Committee. No member of the City Commission shall serve on the Protest Committee. The City Attorney or designee shall serve as counsel to the Committee. The meeting of the Protest Committee shall be open to the public and all of the actual proposers shall be notified of the date, time and place of the meeting. If the Protest Committee determines that the protest has merit, the City Manager shall direct that all appropriate steps be taken. If the Protest Committee denies the protest, the protester may appeal to the City Commission. All of the actual proposers shall be notified of the determination by the Protest Committee. The Protest Committee shall terminate upon the award of the contract, or such other time as determined by the City Commission. 4.8.5 Stay of award of Agreement or RFP Process In the event of a timely protest, the City Manager shall stay the award of the Agreement or the RFP process unless the City Manager determines that the award of the Agreement without delay or the continuation of the RFP process is necessary to protect any substantial interest of the CITY. The continuation of the RFP process or award under these circumstances shall not preempt or otherwise affect the protest. 4.8.6 Appeals to City Commission Any actual proposer who is aggrieved by a determination of the Protest Committee may appeal the determination to the City Commission by filing an appeal with the City Clerk by close of business on the third Business Day after the protester has been notified (excluding the day of notification) of the determination by the Protest Committee. The appeal shall be in writing and shall include a factual summary of, and the basis for, the appeal. Filing of an appeal shall be considered complete when the appeal is received by the City Clerk. 4.8.7 Failure to file protest Any actual proposer that does not formally protest or appeal in accordance with this Section shall not have standing. 4.9 Cone of Silence RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 31 of 76 4.9.1. Pursuant to Section 32.10 of the City Code, there shall be no communication related to this RFP between Proposer, including any lobbyist or any other Person on behalf of Proposer, and any member of the City Commission, or any member of the Selection Committee or Protest Committee (starting from the appointment of that Protest Committee Member), if any. 4.9.2. The cone of silence shall not apply to written or oral communications with legal counsel for the CITY. 4.9.3. This Section shall not prohibit any person from: A. Making public presentations to the Selection Committee or Protest Committee, or to the City Commission, during any public meeting related to this RFP; B. Engaging in contract negotiations at a meeting of the Selection Committee, or with the City Commission during a public meeting; or C. Communicating in writing with the person designated in this RFP as the contact person for clarification or information related to this RFP. The written communication, including any response thereto, shall be provided to any Proposer that has submitted a proposal. D. A cone of silence shall begin when first publicly noticed, and shall terminate upon execution of this Agreement, a decision by the City Commission to reject all proposals, or the taking of other action that ends this RFP solicitation. E. Any action in violation of this Section shall be cause for disqualification of the Proposer. The determination of a violation shall be made by the City Commission. 4.10 Estimated Schedule The CITY anticipates that RFP activities will take place at the dates and times listed below. However,these times and dates are subject to change at the discretion of the CITY. Request for Proposals Legal Advertisement November 30, 2013 Mandatory Pre-Proposal Meeting December 10, 2013 Last Date for Submittal of Written Questions Prior to Proposal Due Date December 23, 2013 Proposals Due December 30, 2013 Selection Committee Ranking TBA City Commission Ratifies or Alters Selection Committee's Ranking, and Award of Agreement TBA RFP No,2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 32 of 76 [END OF SECTION] RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 33 of 76 SECTION 5 —QUALIFICATION FORMS The forms located in this section of the RFP shall be included in the Sealed Proposal. Forms not completed in full may result in disqualification. [THIS SPACE INTENTIONALLY LEFT BLANK] RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 34 of 76 FORM 1 CONTRACTOR'S STATEMENT OF ORGANIZATION 1. Full Name of CONTRACTOR: Principal Business Address, Phone and Fax Numbers: 2. Principal Contact Person(s): 3. Form of CONTRACTOR(Corporation, Partnership,Joint Venture, Other): 4. Provide names of partners or officers as appropriate and indicate if the individual has the authority to sign in name of CONTRACTOR. Provide proof of the ability of the individuals so named to legally bind the CONTRACTOR. Name Address Title If a corporation, in what state incorporated: RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 35 of 76 Date Incorporated: Month Day Year If a Joint Venture or Partnership, date of Agreement: Name and address of all partners (state whether general or limited partnership): If other than a corporation or partnership, describe organization and name of principals: 5. Indicate the number of years the Proposer has had successful experience providing in providing vacuum cleaning and jetting services for stormwater AND sanitary sewer for a government agency/utility within Broward, Miami-Dade or Palm Beach counties, of similar size and scope as the City of Weston. Years: 6. List all CONTRACTORS participating in this project (including subcontractors, etc.): Name Address Title 1. 2. 3. 4. 7. Outline specific areas of responsibility for each CONTRACTOR listed in Question 6. 1. 2. 3. 4. RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 36 of 76 8. County or Municipal Business Tax Receipt No. (Attach Copy) Social Security or Federal ID No. 9. List states and categories in which your organization is legally qualified to do business. Indicate registration or license numbers, if applicable. List states in which partnership or trade name is filed. 10. Have you ever failed to complete any work awarded to you? Yes No If so, note when,where and why. 11. Within the last five years, has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete a contract? Yes No If yes, attach a separate sheet of explanation. 12. Within the last five years, have you ever had a performance, payment or bid bond called? Yes No If yes, attach a separate sheet of explanation. RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 37 of 76 13. Have you, any officer or partner of your organization, or the organization been involved in any litigation or arbitration against the CITY? Yes No If yes, attach a separate sheet of explanation. 14. Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any other Florida public entity? Yes No If yes, attach a separate sheet of explanation. 15. Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any private entity for an amount greater than $100,000? Yes No If yes, attach a separate sheet of explanation. 16. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been charged or indicted for any criminal activity within the last 5 years? Yes No If yes, attach a separate sheet of explanation. 17. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been convicted and/or fined for any criminal activity within the last 5 years? Yes No If yes, attach a separate sheet of explanation. 18 On a separate sheet, describe the management systems and reporting systems that your organization will utilize to perform the services described in this RFP. 19. Bank Reference: Signature Title Name Date RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 38 of 76 FORM 2 PERSONNEL For all principals of the CONTRACTOR and key personnel providing services sought in the RFP, provide a detailed resume indicating that individual's areas of expertise and experience. Resumes must be provided in the following format, however, additional information may be provided at the option of the CONTRACTOR. A. Name and Title S. Years Experience with: This CONTRACTOR: With Other Similar CONTRACTORS: C. Education: Degree(s) Year/Specialization D. Professional References: (List a minimum of 3) E. Other Relevant Experience and Qualifications F. List specifically the number of crew that will be assigned to provide services, if awarded the Agreement, and identify their respective tasks. G. Attach applicable licenses/training for each individual performing services pursuant to this Agreement. RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 39 of 76 FORM 2 Continued EMERGENCY (CALLOUT) RESPONSE PLAN Pursuant to section 2.2(c) [ATTACHANSERT HERE] RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page40 of 76 FORM 3 SUB-CONTRACT SERVICES LIST In the space below, list the type of services that will be subcontracted by the CONTRACTOR on this project: RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 41 of 76 FORM 4 REFERENCES The CONTRACTOR shall furnish references for providing maintenance services for stormwater AND sanitary sewer for a government agency/utility within Broward, Miami-Dade or Palm Beach counties, of similar size and scope as the City of Weston: Use additional sheets if necessary. 1. Name of Entity: Address: Phone Number: Principal Contact Person(s): Description of Service and Price: Year Contract Initiated: Date of Completion or if not completed yet, anticipated date of completion: and percentage of project completed If completed, percentage of the cost of the work performed with your own forces: 2. Name of Entity: Address: Phone Number: Principal Contact Person(s): Description of Service and Price: Year Contract Initiated: Date of Completion or if not completed yet, anticipated date of completion: and percentage of project completed RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 42 of 76 If completed, percentage of the cost of the work performed with your own forces: 3. Name of Entity: Address: Phone Number: Principal Contact Person(s): Description of Service and Price: Year Contract Initiated: Date of Completion or if not completed yet, anticipated date of completion: and percentage of project completed If completed, percentage of the cost of the work performed with your own forces: 4. Name of Entity: Address: Phone Number: Principal Contact Person(s): Description of Service and Price: Year Contract Initiated: Date of Completion or if not completed yet, anticipated date of completion: and percentage of project completed If completed, percentage of the cost of the work performed with your own forces: RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 43 of 76 FORM 4 Continued CONTRACTOR LICENSE[ATTACHANSERT COPY OF LICENSE HERE] RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 44 of 76 FORM 5 PRICING and EQUIPMENT The CONTRACTOR offers the following for providing all labor, materials, equipment, travel, NPDES requirements, safety and as outlined in the contract documents to perform Maintenance of Stormwater and Sanitary Sewer Facilities in accordance with the scope of work. Quantity listed is an estimated annual quantity. Table 5-1 - Pricing Item UOM No. Description of Item Quantity Price 1 Inspection of stormwater catch basins, inlets, weirs, and manholes, unit price per structure, Each 850 2 Cleaning of stormwater catch basins, inlets, and manholes and associated pipe to downstream Each 850 structure, unit price per structure, 3 Cleaning of sanitary sewer manhole and associated Each 1600 pipe to downstream structure (6" —36') price each, 4 Cleaning of sanitary sewer manhole and associated Each 35 pipe to lift Station (6" — 36`) price each, 5 Cleaning of Pipe (over 36" nominal diameter), price l.F. 1000 per linear foot, 6 Cleaning of Lift Stations, price per lift station Each 35 7 Vacuum Truck service, with two operators, H r. 500 Price per hour (M-F, 7am to 5pm) 8 Vacuum Truck service, with two operators, Price per hour(ail other hours) Hr. 100 9 Closed Circuit Televising of Pipe (CCTV) 6" to 36", • L.F. 2000 price per linear foot, 10 Purchase and installation of catch basin grates, % over manhole lids, expressed as a percentage over list 10 manufacturer price, price RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page45 of 76 FORM 5 Continued The CONTRACTOR shall list the equipment to be used on this project and demonstrate that this equipment is owned or leased (Attach supporting documents). Table 5-2 - Equipment Item Description of Equipment Owned/Leased No. (Type of Equipment, Chassis Manufacturer/Body Manufacturer/Year) (circle one) Owned/Leased Owned/Leased Owned/Leased Owned/Leased Owned/Leased RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 46 of 76 FORM 6 NON-COLLUSION AFFIDAVIT The undersigned individual, being duly sworn, deposes and says that: 1. He/She is of , the CONTRACTOR that has submitted the attached Proposal; 2. He/She is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither said CONTRACTOR nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, connived, or agreed, directly or indirectly, with any other CONTRACTOR, firm or person to submit a collusive or sham proposal in connection with the Agreement for which the attached Proposal has been submitted or to refrain from proposing in connection with such Agreement,or has in any manner, directly or indirectly, sought by agreement of collusion or communication of conference with any other CONTRACTOR, firm, or person to fix the price or prices in the attached RFP, or of any other CONTRACTOR, or to fix any overhead, profit or cost element of the Proposal or the response of any other CONTRACTOR, or to secure through any collusion, connivance, or unlawful agreement any advantage against the City of Weston, Florida, or any person interested in the proposed Agreement; and (THIS SPACE INTENTIONALLY LEFT BLANK) RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 47 of 76 FORM 6 NON-COLLUSION AFFIDAVIT Continued 5. The response to the attached RFP is fair and proper and is not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature (Blue ink only) (CORPORATE SEAL) Print Name Title Date STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of , 2013, by as for Personally known to me OR has produced Identification type of identification produced NOTARY PUBLIC My Commission Expires: RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 48 of 76 FORM 7 DRUG-FREE WORKPLACE The undersigned vendor(firm) in accordance with Chapter 287.087, Florida Statutes, hereby certifies that does: (Name of Company) 1. Publish a statement notifying employees that the unlawful manufacturing, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the work place, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employee that, as a condition of working on the contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. [THIS SPACE INTENTIONALLY LEFT BLANK) RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 49 of 76 FORM 7 DRUG-FREE WORKPLACE (CONTINUED) 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this CONTRACTOR complies fully with the above requirements. Signature (Blue ink only) (CORPORATE SEAL) Print Name Title Date STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of ,2013, by as for Personally known to me OR has produced Identification type of identification produced NOTARY PUBLIC My Commission Expires: RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page50 of 76 FORM 8 ACKNOWLEDGMENT OF ADDENDA The CONTRACTOR hereby acknowledges the receipt of the following addenda issued by the CITY and incorporated into and made part of this RFP. In the event the CONTRACTOR fails to include any such addenda in the table below, submission of this form shall constitute acknowledgment of receipt of all addenda, whether or not received by him/her. 1 ADDENDUM DATE I PRINT NAME TITLE SIGNATURE NUMBER RECEIVED i (BLUE INK ONLY) I I 1 I " I I I i � JI [THIS SPACE INTENTIONALLY LEFT BLANK] RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 51 of 76 FORM 9 INDEPENDENCE AFFIDAVIT The undersigned individual, being duly sworn, deposes and says that: 1. He/She is of the CONTRACTOR that has submitted the attached Proposal; 2. a. Below is a list and description of any relationships, professional, financial or otherwise that CONTRACTOR may have with the CITY, its elected or appointed officials, its employees or agents or any of its agencies or component units for the past five (5)years. b. Additionally, the CONTRACTOR agrees and understands that Proposer shall give the CITY written notice of any other relationships professional, financial or otherwise that CONTRACTOR enters into with the CITY, its elected or appointed officials, its employees or agents or any of its agencies or component units during the period of this Agreement. (If paragraph 2(a) above does not apply, please indicate by stating, "not applicable" in the space below.) [THIS SPACE INTENTIONALLY LEFT BLANK] RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 52 of 76 FORM 9 INDEPENDENCE AFFIDAVIT (CONTINUED) 3. 1 have attached an additional page to this form explaining why such relationships do not constitute a conflict of interest relative to performing the services sought in the RFP. Signature (Blue ink only) (CORPORATE SEAL) Print Name Title Date STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of , 2013, by as for Personally known to me OR has produced Identification , type of identification produced NOTARY PUBLIC My Commission Expires: RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page53 of 76 FORM 10 CERTIFICATION TO ACCURACY OF PROPOSAL CONTRACTOR, by executing this Form, hereby certifies and attests that all Forms, Affidavits and documents related thereto that it has enclosed in the Proposal in support of its Proposal are true and accurate. Failure by the CONTRACTOR to attest to the truth and accuracy of such Forms, Affidavits and documents shall result in the Proposal being deemed non-responsive and such Proposal will not be considered. The undersigned individual, being duly sworn, deposes and says that: 1. He/She is of the CONTRACTOR that has submitted the attached Proposal; 2. He/She is fully informed respecting the preparation and contents of the attached Proposal and of all Forms,Affidavits and documents submitted in support of such Proposal; 3. All Forms, Affidavits and documents submitted in support of this Proposal and included in this Proposal are true and accurate; 4. No information that should have been included in such Forms, Affidavits and documents has been omitted; and [THIS SPACE INTENTIONALLY LEFT BLANK] RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 54 of 76 FORM 10 CERTIFICATION TO ACCURACY OF PROPOSAL (CONTINUED) 5. No information that is included in such Forms, Affidavits or documents is false or misleading. Signature (Blue ink only) (CORPORATE SEAL) Print Name Title Date STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of , 2013, by as for Personally known to me OR has produced Identification type of identification produced NOTARY PUBLIC My Commission Expires: RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 55 of 76 FORM 11 PROPOSAL SECURITY All proposals shall be accompanied by a Proposal Security in the form of a bond issued by the Surety authorized to transact business in the State of Florida, having a resident agent in the State of Florida, in full accordance with the qualifications set forth in Section 2.6 of the RFP, or in the alternative, a cashier's check drawn on a bank authorized to do business in Florida, payable to the City of Weston. The amount of the proposal security shall be ten thousand dollars ($10,000.00). ATTACH CASHIER'S CHECK OR PROPOSAL BOND HERE RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page S6 of 76 FORM 12 SAMPLE PERFORMANCE& PAYMENT BOND Any singular reference to CONTRACTOR,Surety, OWNER or other party shall be considered plural where applicable. CONTRACTOR (name and address): SURETY (name and principal place of business): OWNER: City of Weston 17200 Royal Palm Blvd. Weston, Florida 33326 CONTRACT Date: Amount: Description (name and location): Maintenance of Stormwater and Sanitary Sewer Facilities Location: City-wide City RFP No. 2013-18 BOND Date (not earlier than Contract Date): Amount: Modifications to this Bond: None See Page(s) RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 57 of 76 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature Signature Name Name Title Title (Any additional signatures please include at the end of page 5) FLORIDA RESIDENT AGENT Address Phone Fax 1. The CONTRACTOR and the Surety, jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference. 2. If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR shall have no obligation under this Bond, except to participate in conferences. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: (A) The Owner has notified the CONTRACTOR and the Surety at its address described in paragraph 10 below that the Owner is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen 0 5) days after receipt of such notice to discuss methods of performing the Contract. If the Owner, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a CONTRACTOR Default; and RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 58 of 76 (B) The Owner has declared a CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the Contract. Such CONTRACTOR Default shall not be declared earlier than twenty (20) days after the CONTRACTOR and the Surety have received; and (C) The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Contract or to a CONTRACTOR selected to perform the Contract in accordance with the terms of the Contract with the Owner. 4. When the Owner has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: (A) Arrange for the CONTRACTOR, with consent of the Owner, to perform and complete the Contract; or (B) Undertake to perform and complete the Contract itself, through its agents or through independent CONTRACTORS; or (C) Obtain bids or negotiated proposals from qualified CONTRACTORS acceptable to the Owner for a Contract for performance and completion of the Contract, arrange for a Contract to be prepared for execution by the Owner and the CONTRACTOR selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified Surety equivalent to the bonds issued on the Contract, and the Balance of the Contract Price incurred by the Owner resulting from the CONTRACTOR's default; or (D) Waive its right to perform and complete, arrange for completion, or obtain a new CONTRACTOR acceptable to the Owner and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or 2. Deny liability in whole or in part and notify the Owner citing reasons therefore. 5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds, on in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the CONTRACTOR's right to complete the Contract, and if the Surety elects to act, then the responsibilities of the Surety to the Owner shall not be greater than those of the CONTRACTOR under the Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Contract. To RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 59 of 76 the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for: (A) The responsibilities of the CONTRACTOR for correction of defective work and completion of the Contract; (B) Additional legal, design professional and delay costs resulting from the CONTRACTOR's Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and (C) Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of the CONTRACTOR. 7. The Surety shall not be liable to the Owner or others for obligations of the CONTRACTOR that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after CONTRACTOR Default or within two years after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the work was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. DEFINITIONS (A) Balance of the Contract Price: The total amount payable by the Owner to the CONTRACTOR under the Contract after all proper adjustments have been made including allowance to the CONTRACTOR of any amounts received or to be RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 60 of 76 received by the Owner in settlement of insurance or other claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of the CONTRACTOR under the Contract. (B) Contract: The agreement between the Owner and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. (C) CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. (D) Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof. MOD]FICATONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Sea]) Company: (Corporate Sea]) Signature Signature Name Name Title Title END OF SAMPLE PERFORMANCE& PAYMENT BOND RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 61 of 76 FORM 13 SAMPLE RANKING FORM CONTRACTOR A B C D Selection Committee Member: Signature: Date: RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 62 of 76 SECTION 6—AGREEMENT The agreement located in this Section of the RFP for Maintenance of Stormwater and Sanitary Sewer Facilities is the form of the agreement that will be utilized with the successful CONTRACTOR. The CITY reserves the right to award or not to award the Agreement in the best interests of the CITY. [THIS SPACE INTENTIONALLY LEFT BLANK] RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 63 of 76 AGREEMENT BETWEEN THE CITY OF WESTON AND FOR MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES RFP NO. 2013-18 This Agreement, is made and entered into the day of , 2013 by and between the City of Weston, a Florida municipal corporation ("CITY"), and ("CONTRACTOR") for services related to Maintenance of Stormwater and Sanitary Sewer Facilities ("Agreement"). References in this Agreement to "City Manager" shall be meant to include his designee. WITNESSETH: WHEREAS, the CITY, solicited proposals from contractors to perform Maintenance of Stormwater and Sanitary Sewer Facilities; and WHEREAS, Proposals were evaluated and ranked by a Selection Committee; and WHEREAS, the City Commission has selected the CONTRACTOR to perform Maintenance of Stormwater and Sanitary Sewer Facilities; and WHEREAS, on , the CITY enacted Resolution No. , which ratified or altered the ranking of Proposals for Maintenance of Stormwater and Sanitary Sewer Facilities and authorized the appropriate City officials to execute an agreement with the number one ranked CONTRACTOR ; and WHEREAS, CITY and CONTRACTOR desire to enter into an Agreement whereby the duties and obligations each to the other are set forth. IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS HEREIN EXPRESSED AND THE FAITHFUL PERFORMANCE OF ALL SUCH COVENANTS AND CONDITIONS, THE PARTIES AGREE AS FOLLOWS: RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 64 of 76 SECTION 1. SCOPE OF SERVICES 1.1 The CONTRACTOR must meet the requirements and perform the services identified in the Request for Proposals for Maintenance of Stormwater and Sanitary Sewer Facilities dated , ("RFP"), attached hereto and made a part hereof, as Exhibit "A" and the CONTRACTOR'S Proposal, attached hereto and made a part hereof, as Exhibit"B". 1.2 CONTRACTOR agrees and acknowledges that CONTRACTOR is prohibited from exempting provisions of the RFP or in this Agreement in any of CONTRACTOR'S services pursuant to this Agreement. SECTION 2. TERM 2.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall extend until March 31, 2017. 2.2 After the initial term, the Contract may be extended for two (2) additional three (3) year periods by mutual agreement of the parties. The parties hereto may extend this Agreement by mutual consent, in writing, prior to the expiration of the current term. This provision in no way limits either party's right to terminate this Agreement at any time during the initial term or any extension thereof, pursuant to Section 4 of this Agreement. SECTION 3. COMPENSATION 3.1 The amount of compensation payable by the CITY to CONTRACTOR shall be based upon the prices as set forth in Exhibit "C", attached hereto and made a part hereof, which amount shall be accepted by CONTRACTOR as full compensation for all such work performed under this Agreement. It is acknowledged and agreed by CONTRACTOR that these amounts are the maximum payable and constitute a limitation upon CITY'S obligation to compensate CONTRACTOR for its services related to this Agreement. This maximum amount, however, does not constitute a limitation of any sort, upon CONTRACTOR'S obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 3.2 CONTRACTOR may submit an invoice for compensation, developed and agreed upon by the City Manager and CONTRACTOR, no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. Invoices shall designate the nature of the services performed and shall also show a summary of fees with accrual of the total and credits for portions paid previously, and shall allocate the billing costs to the appropriate fund or combination of funds. Each statement shall show the proportion of the guaranteed maximum payment that has been expended through previous billings. RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 65 of 76 3.3 Notwithstanding any provision of this Agreement to the contrary, City Manager, may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to City Manager. The amount withheld shall not be subject to payment of interest by CITY. 3.4 Payment shall be made to CONTRACTOR in accordance with the Local Government Prompt Payment Act as stipulated in Part VII of Chapter 218, FL Statutes, by check, card, funds transfer or other method as determined by the CITY in its sole discretion. 3.5 CONTRACTOR agrees to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged for which CONTRACTOR receives reimbursement for a period of at least three (3) years after completion of the work provided for in this Agreement. Such books and records shall be available at all reasonable times for examination and audit by CITY. 3.6 If it should become necessary for CITY to request CONTRACTOR to render any additional services to either supplement the services described in the RFP or to perform additional work, such additional work shall be performed only if set forth in an addendum to this Agreement. Any such additional work agreed to by both parties shall be by mutual agreement of both parties and negotiated as to price. 3.7 On April 1, 2014 and on April 1 of each subsequent year, all hourly rates and fees described in the Agreement and Exhibit hereto shall be increased by an amount equal to the Consumer Price Index ("CPI") increase, as measured by the nearest geographical index, unless both parties mutually agree in writing to an alternative arrangement. SECTION 4.TERMINATION 4.1 This Agreement may be terminated by the City Manager upon 24 hours notice as the City Manager deems appropriate. This Agreement may be terminated for cause by the CONTRACTOR if the CITY is in breach and has not corrected the breach within sixty (60) days after written notice from the CONTRACTOR identifying the breach. 4.2 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by City Manager which City Manager deems necessary to protect the public health, safety or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 4.3 In the event this Agreement is terminated for convenience, CONTRACTOR shall be paid for any services performed to the date the Agreement is terminated; however, upon being notified of CITY'S election to terminate, CONTRACTOR shall refrain RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 66 of 76 from performing further services or incurring additional expenses under the terms of this Agreement. CONTRACTOR acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by CITY, the adequacy of which is hereby acknowledged by CONTRACTOR, is given as specific consideration to CONTRACTOR for.CITY'S right to terminate this Agreement for convenience. 4.4 In the event this Agreement is terminated, any compensation payable by CITY shall be withheld until all documents are provided to CITY pursuant to Section7.1 of this Agreement. In no event shall the CITY be liable to CONTRACTOR for any additional compensation, other than provided herein, or for any consequential or incidental damages. SECTION 5. INDEMNIFICATION 5.1 CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney selected by the CITY, to defend the CITY and any of its officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, demands and claims for personal injury, bodily injury, sickness, diseases or death or damage or destruction of tangible property, arising out of any errors, omissions, misconduct or negligent acts, errors or omissions of CONTRACTOR, its officials, agents, employees or subcontractors in the performance of the services of CONTRACTOR under this Agreement, whether direct or indirect and from and against any orders, judgments, or decrees which may be entered thereon and from and against all costs, damages of every kind and nature, attorneys' fees, expenses and liabilities incurred in and about the defense of any such claim and investigation thereof. 5.2 CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney selected by the CITY, to defend the CITY and any of its officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, demands and claims sought by third parties related to any alleged breach of any non-competition of similar provisions. 5.3 CONTRACTOR shall indemnify CITY and any of its officers, agents, servants and employees, for all loss, damage, expense or liability including, without limitation, court costs and attorneys' fees that may result by reason of any infringement or claim of infringement by CONTRACTOR of any patent, trademark, copyright, trade secret or other proprietary right relating to services furnished pursuant to this Contract. CONTRACTOR will defend and/or settle at its own expense any action brought against the CITY any of its officers, agents, servants and employees, to the extent that it is based on a claim that products or services furnished to CITY by CONTRACTOR pursuant to this Contract, or if any portion of the services or goods related to the performance of the service become unusable as a result of any such infringement or claim. 5.4 CONTRACTOR acknowledges that specific consideration has been paid or will be paid under this Agreement for this hold harmless and indemnification provision, RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 67 of 76 and further agrees with the foregoing provisions of indemnity and with the collateral obligation of insuring said indemnity. 5.5 The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Manager and the City Attorney, any sums due CONTRACTOR under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. SECTION 6. INSURANCE In order to insure the indemnification obligation contained above, CONTRACTOR shall, as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement, the insurance coverages as set forth in the RFP. SECTION 7. MISCELLANEOUS 7.1 Ownership of Documents. Unless otherwise provided by law, any and all reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of CITY. In the event of termination of this Agreement, any reports, photographs, surveys and other data and documents prepared by CONTRACTOR, whether finished or unfinished, shall become the property of CITY and shall be delivered by CONTRACTOR to the City Manager within seven (7) days of termination of this Agreement by either party. Any compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. 7.2 Audit and Inspection Rights and Retention of Records. CITY shall have the right to audit the books, records and accounts of CONTRACTOR that are related to this Agreement. CONTRACTOR shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. CONTRACTOR shall preserve and make available, at reasonable times for examination and audit by CITY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement, unless CONTRACTOR is notified in writing by CITY of the need to extend the retention period. Such retention of such records and documents shall be at CONTRACTOR'S expense. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by CITY to be applicable to CONTRACTOR'S records, CONTRACTOR shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by CONTRACTOR. Any incomplete or incorrect entry RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 68 of 76 in such books, records, and accounts shall be a basis for CITY'S disallowance and recovery of any payment upon such entry. In addition, CONTRACTOR shall respond to the reasonable inquiries of successor CONTRACTORS and allow successor CONTRACTORS to receive working papers relating to matters of continuing significance. In addition, CONTRACTOR shall provide a complete copy of all working papers to the CITY, prior to final payment by the CITY, in accordance with the RFP for CONTRACTOR services. 7.3 Policy of Non Discrimination. CONTRACTOR shall not discriminate against any person in its operations, activities or delivery of services under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for service delivery. 7.4 Public Entity Crime Act. CONTRACTOR represents that the execution of this agreement will not violate the Public Entity Crime Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a CONTRACTOR, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to CITY, may not submit a bid on a contract with CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to CITY, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or consultant under a contract with CITY, and may not transact any business with CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from CITY'S competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. By submitting a response to this RFP, Proposer certifies that it is qualified under Section 287.133, Florida Statutes, to, provide the services set forth in this RFP. 7.5 Independent CONTRACTOR. CONTRACTOR is an independent CONTRACTOR under this Agreement. Services provided by CONTRACTOR pursuant to this Agreement shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees or RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 69 of 76 agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of CONTRACTOR. This Agreement shall not constitute or make the parties a partnership or joint venture. 7.6 Third Party Beneficiaries. Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them. Based upon this Agreement the parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 7.7 Notices. Whenever either parry desires to give notice to the other, such notice must be in writing, sent by certified United States Mail postage prepaid return receipt requested or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present,the parties designate the following: CITY: John R. Flint, City Manager Weston City Hall 17200 Royal Palm Boulevard Weston, Florida 33326 With a copy to: Jamie Alan Cole, Esq. City Attorney Weiss Serota Heffman Pastoriza Cole & Boniske, P.L. 200 East Broward Boulevard, Suite 1900 Fort Lauderdale, Florida 33301 CONTRACTOR: 7.8 Assignment and Performance. Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by CONTRACTOR, except with the prior approval of the City Manager, which shall be in his sole and absolute discretion. In addition, CONTRACTOR shall not subcontract any portion of the work required by RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 70 of 76 this Agreement, except with the prior approval of the City Manager, which shall be in his sole and absolute discretion. A list of all such sub- contractors shall be included in the Proposal. If additional sub-contractors are to be used during the term of this Agreement, other than those submitted in the Proposal, a list of such sub- contractors shall be provided to the City Manager, subject to his approval. CONTRACTOR represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the RFP and to provide and perform such services to CITY'S satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations and services under this Agreement in a skillful and respectable manner. 7.9 Conflicts. Neither CONTRACTOR nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CONTRACTOR'S loyal and conscientious exercise of judgment related to its performance under this Agreement. CONTRACTOR agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against CITY in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process. Further, CONTRACTOR agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of CITY in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude CONTRACTOR or any other persons from representing themselves in any action or in any administrative or legal proceeding. In the event CONTRACTOR is permitted to utilize sub- contractors to perform any services required by this Agreement, CONTRACTOR agrees to prohibit such sub- contractors, by written contract, from having any conflicts within the meaning of this section. 7.10 Contingency Fee. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For a breach or violation of this provision, CITY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.11 Materiality and Waiver of Breach. CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. CITY'S failure to enforce any provision of this Agreement shall not be deemed a waiver of such RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 71 of 76 provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 7.12 Compliance with Laws. CONTRACTOR shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 7.13 Severance. In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 7.14 Joint Preparation. The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 7.15 Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 7 of this Agreement shall prevail and be given effect. 7.16 Applicable Law and Venue; Attorney's Fees and Costs. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The parties submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of, or relating to, this Agreement. Venue of any action to enforce this Agreement shall be in Broward County, Florida. The parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected with this Agreement. The parties understand and agree that this waiver is a material contract term. This Agreement is not subject to arbitration. If any party is required to enforce the terms of this Agreement by court proceedings or otherwise, whether or not formal legal action is required, each party shall pay its own attorney's fees and costs. 7.17 Amendments. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement. 7.18 Prior Agreements. This Agreement and its attachments constitute the entire agreement between CONTRACTOR and CITY, and this document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 72 of 76 there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained here shall be effective unless set forth in writing in accordance with Section 7.17 above. 7.19 Drug-Free Workplace. CONTRACTOR shall maintain a drug-free workplace. 7.20 Incorporation by Reference. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits are incorporated hereto and made a part of this Agreement. 7.21 Multiple Originals. This Agreement may be fully executed in two (2) copies by all parties each of which, bearing original signatures, shall have the force and effect of an original document. 7.22 Headings. Headings are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 7.23 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.24 Public Records. CONTRACTOR acknowledges that the public shall have access, at all reasonable times, to certain documents and information pertaining to Owner's contracts, pursuant to the provisions of Chapter 119, Florida Statutes. CONTRACTOR agrees to maintain public records in CONTRACTOR's possession or control in connection with CONTRACTOR's performance under this Agreement and to provide the public with access to public records in accordance with the record maintenance, production and cost requirements set forth in Chapter 119, Florida Statutes, or as otherwise required by law. CONTRACTOR shall ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law. Unless otherwise provided by law, any and all reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of Owner. In the event of termination of this Agreement by either party, any reports, photographs, surveys and other data and documents and public records prepared by, or in the possession or control of, CONTRACTOR, whether finished or unfinished, shall become the property of Owner and shall be delivered by CONTRACTOR to the City Manager, at no cost to the Owner, within seven (7) days of termination of this Agreement. All such records stored electronically by CONTRACTOR shall be delivered to the Owner in a format that is compatible with the Owner's information technology systems. Upon termination of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure. Any RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 73 of 76 compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. CONTRACTOR's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the Owner. 7.25 Survival of Provisions. Any terms or conditions of this Agreement that require acts beyond the date of its termination shall survive the termination of this Agreement, shall remain in full force and effect unless and until the terms of conditions are completed, and shall be fully enforceable by either party. 7.26 Truth-in-Negotiation Certificate. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. 7.27 Non-Appropriation of Funds. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal year for payments due under this Agreement, then the City, upon written notice to CONTRACTOR of such occurrence, shall have the unqualified right to terminate this Agreement without any penalty or expense to the City. 7.28 Default. In the event of a default by the CONTRACTOR, the CONTRACTOR shall be liable for all damages resulting from the default. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy specifically given or otherwise existing and may be exercised from time to time as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY's rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. [THIS SPACE INTENTIONALLY LEFT BLANK] RFP No.2013-18 MAINTENANCE OF STORMWATERAND SANITARY SEWER FACILITIES Page 74 of 76 AGREEMENT BETWEEN THE CITY OF WESTON,AND FOR MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: City of Weston through its City Commission, signing by and through its Mayor, authorized to execute same by Commission action on the day of 2013; and authorized to execute same, through its CITY OF WESTON, through its City Commission ATTEST: By: Daniel J. Stermer, Mayor day of , 2013 Patricia A. Bates, MMC, City Clerk By: John R. Flint, City Manager day of , 2013 Approved as to form and legality for the use of and reliance by the City of Weston only: By: Jamie Alan Cole, City Attorney day of _, 2013 (CITY SEAL) WITNESSES: CONTRACTOR, By: TITLE Print Name Print Name day of , 2013 (CORPORATE SEAL) Print Name RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 75 of 76 CHAPTER 3 — CONTRACTOR'S RFP PROPOSAL (EXHIBIT "B") Request for Proposals No. 2013-18 for Maintenance of Stormwater and Sanitary Sewer Facilities Published on: November 30, 2013 n% } A A Drainage & Vac Services, Inc. 1 } } I } December 3ra, 2013 } t } The purpose of this letter is to acknowledge my company's intent to submit to and } offer services to the City of Weston under contract RFP#2013-18. 1 am the } president and authorized person to set and contract with your city. The prices in my RFP are good for 6 months. i ' Respectfully submitted, s } es Scrima(President) } } } a a } 3 } i } 3 13846 NW 14 Street • Pembroke Pines, FL 33028 Phone: (954)680-0294 • Fax: (954) 602-1160 WWW.a-a.Co •jim@Q-a.Co CBC1259174 • CFC1428700 FORM 1 CONTRACTOR'S STATEMENT OF ORGANIZATION 1. Full Name of CONTRACTOR: � sac S Principal Business Address, Phone and Fax Numbers: 2. Principal Contact Person(s): 3. Form of CONTRACTOR(Corporation, Partnership,joint Venture, Other): 4. Provide names of partners or officers as appropriate and indicate if the individual has the authority to sign in name of CONTRACTOR. Provide proof of the ability of the individuals so named to legally bind the CONTRACTOR. Name Address Title Awl If a Corporation, in What state incorporated: (IYjO� RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 35 of 76 Date Incorporated: lj f 2-61 Month Day ] Year If a Joint Venture or Partnership, date of Agreement: 'U I Name and address of all partners (state whether general or limited partnership): IV If other than a corporation or partnership,describe organization and name of principals: ,vI4 5. indicate the number of years the Proposer has had successful experience providing in providing vacuum cleaning and jetting services for stormwater AND sanitary sewer for a government agency/utility within Broward, Miami-Dade or Palm Beach counties, of similar size and scope as the City of Weston. Years: 6. List all CONTRACTORS participating in this project(including subcontractors, etc.): Name Address Title 2. 3. 4. 7. Outline specific areas of responsibility for each CONTRACTOR listed in Question 6. 1. ZV_LG 2. 3. 4. RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 36 of 76 8. County or Municipal Business Tax Receipt No. 3o6142_ ZZ20 -25�60,�--3: z/763 (Attach Copy) Social Security or Federal ID No. 9. List states and categories in which your organization is legally qualified to do business. Indicate registration or license numbers, if applicable. List states in which partnership or trade name is filed. A 7W 10. Have you ever failed to complete any work awarded to you? Yes No If so, note when,where and why. All 11. Within the last five years, has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete a contract? Yes No t/ if yes, attach a separate sheet of explanation. 12. Within the last five years, have you ever had a performance, payment or bid bond called? Yes No_� If yes, attach a separate sheet of explanation. RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 37 of 76 13. Have you, any officer or partner of your organization, or the organization been involved in any litigation or arbitration against the CITY? Yes No If yes, attach a separate sheet of explanation. 14. Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any other Florida public entity? Yes No Ve"', If yes, attach a separate sheet of explanation. 15, Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any private entity for an amount greater than $100,000? Yes No If yes, attach a separate sheet of explanation. 16. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been charged or indicted for any criminal activity within the last 5 years? Yes No If yes, attach a separate sheet of explanation. 17. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been convicted and/or fined for any criminal activity within the last 5 years? Yes No_ If yes, attach a separate sheet of explanation. 18 On a separate sheet, describe the management systems and reporting systems that your organization will utilize to perform the services described in this RFP, 19. Bank Reference: OS*Vature Title he Name Date RFP No.2013-18 MAINTENANCE of S ORMWATER AND SANITARY SEWER FACILITIES Page 38 of 76 Answer to #18 on page 38 of 76 Our company will utilize arc gis /arch pad 10 or higher to gather and enter information pertaining to all storm drains. To include but not limited to structure number, grate, sump, silt, damage, cleaning and repairs. Our company will utilize a gps system in each vehicle to show history of any call going back (6) six months from the date requested. All invoicing will be recorded using Quickbooks which will allow for researching of prior invoices. FORM 2 PERSONNEL For all principals of the CONTRACTOR and key personnel providing services sought in the RFP, provide a detailed resume indicating that individual's areas of expertise and experience. Resumes must be provided in the following format, however, additional information may be provided at the option of the CONTRACTOR. A. Name and Title B. Years Experience with: This CONTRACTOR: With Other Similar CONTRACTORS: C. Education: Degree(s) Year/Specialization D. Professional References: (List a minimum of 3) E. Other Relevant Experience and Qualifications F. List specifically the number of crew that will be assigned to provide services, if awarded the Agreement, and identify their respective tasks. G. Attach applicable licenses/training for each individual performing services pursuant to this Agreement. RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 39 of 76 James Scrima 13846 NW 14th Street Pembroke Pines 33028 Phone: (954) 680-0294 E-mail:jirn@a-a.co Website:www.a-a.co A. President of A&A Drainage&Vac.Services, Inc. B. 14 years of experience in the storm drain and sewer line cleaning business C. ECIUCation: High school graduate with some college Certified in law enforcement with 23 years of experience Illicit Discharge Detection&Elimination Investigation (IDDE) D. Professional. references: Assistant City Manager Danny Jones(561) 801-5462 Attorney Ralph Ruocco (954) 290-7092 Attorney Alan Sorota(954) 270-4665 E. Knowledge in arch pad,video inspections, repairs,service,inspections,storm and sewer systems. Performed services for the City of Cooper City, Coconut Creek, Coral Springs, Fort Lauderdale, Pembroke Pines,Southwest Ranches,West Park and the City of Weston. My company is licensed as a plumber and general contractor. F. Crew: Field supervisor-in charge of the day to day operations and insures that the work is performed to a high standard. Two driver's who's main task will be to insure that the truck and assigned work is completed. Three helper's who responsibility is to provide support to the driver's and city crew when working on a city project. Curtis Patterson A. Field Supervisor of A&4 Drainage&Vac.Services, Inc. B. 6 years of experience in the storm drain and sewer line cleaning business C. Education:High school graduate with some college Illicit Discharge Detection&Elimination Investigation(IDDE) D. Professional references: James Scrima(954) 680-0294 Stanley Jacobs(954)675-81 12 Robert Valle(954) 214-9842 E. Knowledge in arch pad,video inspections, repairs,service,inspections,storm and sewer systems. Performed and supervised work for the the City of Cooper City,Coconut Creek, Coral Springs, Fort Lauderdale, Pembroke Pines,Southwest Ranches,West Park and the City of Weston and both large and small homeowners associations F. Crew: Myself as the field supervisor-I will be in charge of the day to day operations and insure that the work is performed to a high standard. Two driver's who's main task will be to insure that the truck and assigned work is completed. Three helper's who responsibility is to provide support to the driver's and city crew when working on a city project. , s ------------------------------ .................... .._ � l --_- | __ e ' w dawftoft, Yr COUNT-1 • s Environmental Protection and Growth Management a Development and Environmental Itegulation , �^ii�)ts�t '4!'<�ica i'c>llttiic)y� �'1r�a tttie)ar 1t1'DES M 'i("C4,141) cntoji)fitta�ra 1 cy This certifleate is presented to: Timothy Niles k. E' Participant's Name For successfully completing Course Time: Illicit Discharge Detection and Elimination Investigation (IDDE) Date: 0 8 2 9 13and Duration of Course: 3 . 0 Hr Instructor ca t'x�r 1 3 FORM 2 Continued EMERGENCY(CALLOUT)RESPONSE PLAN Pursuant to section 2.2(c) [ATCACHANSERT HERE] A&A Drainage emergency response plan is as follows. We plan on parking (2) two Vac,trucks at the cities public works facility. In the event that an emergency occurs, city personal will contact the owner James Scrima at (954) 680-0294 or field Supervisor Curtis Patterson (954) 243-8964. This call will prompt an immediate response to public works then the work site. The trucks will have a full tank of full water for jetting stored in the onboard storage tanks. With two separate trucks if additional assistance is needed the second truck will already be inside the city and the second driver will report immediately to the job site. RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 40 of 76 ' FORM 3 SUB-CONTRACT SERVICES LIST In the space below, list the type of services that will be subcontracted by the CONTRACTOR on this project: t 7 i A s i i f ' 3 i i RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 41 of 76 FORM 4 REFERENCES The CONTRACTOR shall furnish references for providing maintenance services for stormwater AND sanitary sewer for a government agency/utility within Broward, Miami-Dade or Palm Beach counties, of similar size and scope as the City of Weston: Use additional sheets if necessary. I. Name of Entity: /'� CjJaSIDKJ Address: �r a,p Phone Number:" Principal Contact Person(s): �'r.44 Description of Service and Price: s�/f�L' � L/ ..��'-�-�''n—CCP.�i� FG�►°U�,��.,SSf33'i`iy+il C Ct�m,'.v�`�SCX>`D T��,dvlia�+ts eft./(`�o Year Contract Initiated: `Zcsd'j Date of Completion or if not completed yet, anticipated date of completion: and percentage of project completed cam►Q i_? e " if completed, percentage of the cost of the work performed with your own forces: 2. Name of Entity:C 1'U or az&:�i c c w Address: Am Phone Number: 676?1) Principal Contact Person(s): Description of Service and Price: Tl/. r Year Contract Initiated: A227i Date of Completion or if not completed yet, anticipated date of completion: and percentage of project completed RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 42 of 76 If completed, percentage of the cast of the work performed with your own forces: 3. Name of Entity: / Address: Phone Number.• Principal Contact Person(s): Description of Service and Price: Year Contract Initiated: 20113 Date of Completion or if not completed yet, anticipated date of completion: and percentage of project completed��_��1r If completed, percentage of the cost of the work performed with your own forces: z 4. Name of Entity Address: Al Phone Number: —kw) /3 --/'S/l 5' Principal Contact Person(s):_ /f2 ,fL�lfl Description of Service and Price:_''aGn� Dt2 -,,d 0!a�" Year Contract Initiated: Date of Completion or if not completed yet, anticipated date of completion: f and percentage of project completed -- If completed, percentage of the cost of the work performed with your own forces: RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 43 of 76 FORM 4 Continued ' CONTRACTOR LICENSE [ATTACHNNSERT COPY OF LICENSE HERE] RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 44 of 76 Petal]by Entity Name 12/29/13 8:31 PM I Detail by Entity Name I II Florida Profit Corporation I1A &A DRAINAGE &VAC SERVICES, INC. I,Filing Information I.Document Number P00000010613 FEI/ElN Number 650981530 I,Date Filed 01/26/2000 1;State FL I,Status ACTIVE �,Principal Address I 113846 NW 14 STREET I;PEMBROKE PINES, FL 33028 I l"Changed: 01/03/2011 1_Mailing Address 1 13846 NW 14 STREET I PEMBROKE PINES, FL 33028 {i Changed: 01/03/2011 ('Registered Agent Name & Address I'SCRIMA, JAMES I�13846 NW 14 STREET )PEMBROKE PINES, FL 33028 ('Address Changed: 01/05/2005 i Officer/Director Detail ;Name & Address 'Title P s ;SCRIMA, JAMES 13846 NW 14 STREET IPEMBROKE PINES, FL 33028 ittp://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDet...4bf2e950-f8d1-4961-b750-b92O7665a33c/a%20%26%20A%ZOdralnage/Pagel Page 1 of 2 CITY OF PEMBROKE PINES LOCAL BUSINESS TAX RECEIPT 10100 PINES BOULEVARD, PEMBROKE PINES,FL 33026 ACCOUNT-NO: 20120297/01 _ RECEIPT-Y3AR: OCTOBER 1, 2013 thra SEPT✓MSER 30, 2014 I RBCBSPT-NO: 130542 NOTICE BUS-RAIWO : A & A DRAT-WAGE 1FAC S^RVICES, .-TN-,C. In the event the business to which this i BUS-AMR : 13846 V:4 14 S=ET- receipt was'issued changes hands, the receipt PF-MBRO_E PINES -rT, 33028 will became null and void. An application ' for a new receipt must be made. r BUS-DESCR : RE§TRIC?'::D-S:RO?! D2?T-W CT�NT?3C- RECEIPT-TYPE: kZaSTk1C-IE7 T_.YCBNSB j 3US=SS-CT-ASSI?1ICP.T10 324V/UNITS RB7ZCTI'V7H PF"_1T-'"TO0Ea/CO24WTS RCT-TYPE j Tj C L'NC1,�SSIEIFJ 0 -0.101/2013 P/Pines i �t i 1 I 115 S. Andrews Ave., Rm.A-100, Ft. Lauderdale, FL 33301-1895—954-831-4000 µ VALID OCTOBER 1,2013 THROUGH SEPTEMBER 30,2014 DBA: Receipt#:1$0-2 515 8 3 Business Name:A & A DRAINAGE & VAC SERVICES INC GENERAL, CONTRACTOR (CER Business Type:BUILDING CONTRACTOR) Owner Name:DIMATTINA, THoMAs R Business Opened:lo/16/2012 Business Location:13846 XW 14 ST State/County/Cerf/Reg:CBC1259174 3 PEMBROKE PINES Exemption Code: t Business Phone:954-680-0294 Rooms Seats Employees Machines Professionals 7 For Vending Business Only Number of Machines: Vending Type: Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total Paid 00 27.00 0. 0.00 0.00 0.00 0.00 27.a0] t THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and is non-regulatory in nature. You must meet all County and/or Municipality planning WHEN VALIDATED and zoning requirements. This Business Tax Receipt must be transferred when the business is sold, business name has changed or you have moved the business location.This receipt does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. Mailing Address: A & A DRAINAGE & VAC SERVICES INC Receipt #01A-12-00011567 1384_6 NW 14 ST Paid 08/21/2013 27.00 PEMBROKE PINES, FL 33068 f 2013 - 2014 115 S. Andrews Ave.; Rm. A-100, Ft. Lauderdale, FL 33301-1895—954-831-4000 VALID OCTOBER 'I,2013 THROUGH SEPTEMBER 30,2014 DBA: Receipt#:18 2-217 6 3 & DR�_�Z1 CN. & V�C SERVICES INC pLtTIABING/LWN S?RNKL/C0_N '�CTOI Business Name:'- Business Type: (CLEANING SBR%TICy) E Owner Name:DT)JXTT1NJA,THOMAS R Business Opened:07/12/2000 x: Business Location-,13846 Niv? 14 ST State/County/CertfReg:C=C1&28700 PE_�Is_;Zo_< P T DES Exemption Code: Business Phone: 984_-680-0294 Rooms Seas Employees Machines Professionals 7 For Vending Business Only Number of Machines: Vending Type: Tax Amount I Transfer Fee I NSF Fee Penalty Prior Years Collection Cost I Total Paid r 27.00I 0.001 o.o0 I 0.o0 ( 0.00 i 0.001 27.00 r THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and is `T non-regulatory in nature.You must meet all County and/or Municipality planning WHEN VALIDATED and zoning requirements. This Business Tax Receipt must be transferred when the business is sold, business name has changed or you have moved the business location.This receipt does not indicate that the business is legal or that it is in compliance with State or local lays and regulations. Mailing Address: n? A & a DP_ZT.-_?G2 a VAC SERVICES _NC Receipt WIOIA-12-00011567 1s8G6 Ivv; 14 ST n P�itiLRRO_CH PTNi S, Pi Paid 08J2_J20�3 27.00 33028 2013 - 2014 IC# 6 4 9 9 9 7 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L12101500764 t DATE BATCH NUM13ER LICENSE NBR 10/15 2012 1120159723 ICFC14.2.8700 The PLUMBING CONTRACTOR : Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2014 DIMATTINA, THOMAS R A & A DRAINAGE & VAC SERVICES, INC. 5722 S FLAMINGO ROAD COOPER CITY FL 33330 RICK SCOTT KEN LAWSON GOVERNOR SECRETARY DISPLAY AS REQUIRED BY LAW ,. MOWN= , •. �C# 6459994 STATE OF FLORIDA DEPARTMENT OF BUSINESSCTION AND INDUSTRY LICENSING BOARD LREGUULATION CON $EQ#L12101-900761 .. - LICENSE NBR 10 15 2012 120167559 CBC1259174 tThe BUILDING CONTRACTOR Named below IS CERTIFIED ;Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2014 DIMATTINA, THOMAS R A & A DRAINAGE & VAC SERVICES, INC. 5722 S FLAMINGO ROAD COOPER CITY FL 33330 RICK SCOTT KEN LAWSON GOVERNOR SECRETARY _- — DISPLAY AS REQUIRED BY LAW Licensing Portal-llcense Search 12/12/13 11:26 PM 11:25:35 PM 12/12/2013 Data Contained In Search Results Is Current As Of 12/12/2013 11:23 PM. Search Results Please see our glossar of terms for an explanation of the license status shown in these search results. For additional information, including any complaints or discipline, click on the name. Name License License Type Name Type Number/ Status/Expires Rank Certified Building A & A DRAINAGE & VAC CBC1259174 Current, Active Contractor SERVICiES INC DBA Cert Building 08/31/2014 Maine Address*: 5722 S FLAMINGO ROAD COOPER CrrY,FL 33330 Certified PlumbingA & A DRAINAGE & VAC CFC1428700 DBA Cert Current, Active Contractor SERVICES, IN; Plumbing 08/31/2014 Main Address*: 5722 S FLAMINGO ROAD COOPER CITY, FL 33330 Construction A &A DRAINAGE & VAC Business SERVICES INC+ Primary Business Current Information Info Main Address*: 13846 NW 14 ST PEMBROKE PINES, FL 33028 Construction A 8 A DRAINAGE & VAC FRO5379 Financial Officer SERVICES, INC, DBA Fin Officer Current https://www.mytlorldallcense.com/will.asp?mode-2&search-Name&$]D-&brd-&typ- Page 1 of 2 Ku COUNTY ® ® Water and Wastewater Services 2401 North Powerline Road,Pompano Beach,Florida 33069 SEPTAGE RECEIVING FACILITY WASTE HAULER DISCHARGE PERMIT Permit Number 1160-13 In accordance with the provisions of § Broward County Sewer Use Ordinance Chapter 34-140 (e) the conditions accompanying this Permit; and all applicable Federal and state laws or regulations,permission is hereby granted to: Name of Permittee: A& A Drainage & Vac Services, Inc. Address: 19606 SW 69 Place City, State& Zip: Pembroke Pines, FL 33332 For the disposal of waste at the Broward County Septage Receiving Facility located at 3100 N. Powerline Road, Pompano Beach. Broward County, FL 33069. This Permit is based on information provided by the permittee and is in effect for the period set forth below. The Permit may be suspended or revoked for noncompliance and is not transferable. If no objection to this permit is received within 15 days of receipt, A & A Drainage & Vac Services, Inc. will be deemed to have accepted it with all the terms and conditions. Effective date: 5/30/2013 Expiration date: 9/30/201,4 \ Terry J. Karda, Water' nd Wastewater Operations Division,Division Director Broward County Water,and Wastewater Services (BCWWS) s Prepared by:Babu M.John Prepared Date:June 13.2013 Filing deadline for renewal is: July 31, 2014 FORM 11 PROPOSAL SECURITY All proposals shall be accompanied by a Proposal Security in the form of a bond issued by the Surety authorized to transact business in the State of Florida, having a resident agent in the State of Florida, in full accordance with the qualifications set forth in Section 2.6 of the RFP, or in the alternative, a cashier's check drawn on a bank authorized to do business in Florida, payable to the City of Weston. The amount of the proposal security shall be ten thousand dollars ($10,000.00). ATTACH CASHIER'S CHECK OR PROPOSAL BOND HERE , -11- °a`�'�.= Cashier's Check �¢°� ��'��� � No. 1565000533 Nod ceio'Pltrchgsoi-ki•iheeveittthalthisthdl inlost bisp�.dur �IOid A�}ei 9�Day stolen;asivoro�etrttgnt�snQ�6:day:�vaiung`perfoSLwillberquircd y0-1/l l4O Date 12/30113 49:4.2:05 A1�1 prior to replacement.This ehe&should be aegodeted wid'itn 90 dajdi NTX .. WESTON'COMMONS -0005 DOOMS. 0108 . 00 �BANK OF Pay �/ AMERICAu1jilf1oo , , .CTSCTS ***$10�000.0Q To The CITY OF WESTON Order Of RFP NO.2013-18 Remitter(Purchased By): JAMES A SCRIMA , Bank of America,N.A. ; 1` SAN ANTONIO,TX AUTHORIZED SIGNATURE r Il' 1 56 5000 5 3 3110 1: 1140000 191: 00 16 to 100 19 7 311' IIE ORIGINAL DOCUMENT HAS A REFLECTIVE WATERMARK ON THE BACK. MY HOLD AT A.ai ANGLE TO VIEW WHEN CHECKING THE ENDORSEMENTS. I . i RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 56 of 76 FORM 12 SAMPLE PERFORMANCE& PAYMENT BOND Any singular reference to CONTRACTOR, Surety, OWNER or other party shall be considered plural where applicable. CONTRACTOR (name and address): SURETY (name and principal place of business): y1A OWNER: City of Weston 17200 Royal Palm Blvd. Weston, Florida 33326 CONTRACT Date: Amount: Description (name and location): Maintenance of Stormwater and Sanitary Sewer Facilities Location: City-wide City RFP No. 2013_18 BOND Date (not earlier than Contract Date): Amount: Modifications to this Bond: None See Page(s) RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 57 of 76 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Sea]) Company: (Corporate Seal) pi A Signature Signature Name Name Title Title (Any additional signatures please include at the end of page 5) FLORIDA RES]DENT AGENT Address Phone Fax 1. The CONTRACTOR and the Surety, jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference. 2. If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR shall have no obligation under this Bond, except to participate in conferences. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: (A) The Owner has notified the CONTRACTOR and the Surety at its address described in paragraph 10 below that the Owner is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen (15) days after receipt of such notice to discuss methods of performing the Contract. If the Owner, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a CONTRACTOR Default;and RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 58 of 76 (B) The Owner has declared a CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the Contract. Such CONTRACTOR Default shall not be declared earlier than twenty (20) days after the CONTRACTOR and the Surety have received; and (C) The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Contract or to a CONTRACTOR selected to perform the Contract in accordance with the terms of the Contract with the Owner. 4. When the Owner has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: (A) Arrange for the CONTRACTOR, with consent of the Owner, to perform and complete the Contract; or (B) Undertake to perform and complete the Contract itself, through its agents or through independent CONTRACTORS; or (C) Obtain bids or negotiated proposals from qualified CONTRACTORS acceptable to the Owner for a Contract for performance and completion of the Contract, arrange for a Contract to be prepared for execution by the Owner and the CONTRACTOR selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified Surety equivalent to the bonds issued on the Contract, and the Balance of the Contract Price incurred by the Owner resulting from the CONTRACTOR's default; or (D) Waive its right to perform and complete, arrange for completion, or obtain a new CONTRACTOR acceptable to the Owner and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or 2. Deny liability in whole or in part and notify the Owner citing reasons therefore. 5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. if the Surety proceeds, on in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the CONTRACTOR's right to complete the Contract, and if the Surety elects to act, then the responsibilities of the Surety to the Owner shall not be greater than those of the CONTRACTOR under the Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Contract. To RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 59 of 76 the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for: (A) The responsibilities of the CONTRACTOR for correction of defective work and completion of the Contract; (B) Additional legal, design professional and delay costs resulting from the CONTRACTOR's Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and (C) Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of the CONTRACTOR. 7. The Surety shall not be liable to the Owner or others for obligations of the CONTRACTOR that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. S. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations. i 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after CONTRACTOR Default or within two years after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. if the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the work was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. DEFINITIONS (A) Balance of the Contract Price: The total amount payable by the Owner to the CONTRACTOR under the Contract after all proper adjustments have been made including allowance to the CONTRACTOR of any amounts received or to be RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 60 of 76 received by the Owner in settlement of insurance or other claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of the CONTRACTOR under the Contract. (13) Contract: The agreement between the Owner and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. (C) CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. (D) Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof. MODIFICATONS TO THIS BOND AREAS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature Signature Name Name Title Title END OF SAMPLE PERFORMANCE& PAYMENT BOND RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 61 of 76 FORM 13 SAMPLE RANKING FORM CONTRACTOR A B C D Evaluation Criteria 1. CONTRACTOR'S qualifications (Including financial ability to perform services) (30 points) 2. CONTRACTOR'S Experience (25 points) 3. Cost to the City(25 points) 4. Qualifications of key employees (20 points) Total (out of 100) FINAL RANKING Selection Committee Member: Signature: Date: RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 62 of 76 SECTION 6 —AGREEMENT The agreement located in this Section of the RFP for Maintenance of Stormwater and Sanitary Sewer Facilities is the form of the agreement that will be utilized with the successful CONTRACTOR. The CITY reserves the right to award or not to award the Agreement in the best interests of the CITY. [THIS SPACE INTENTIONALLY LEFT BLANK) RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 63 of 76 AGREEMENT BETWEEN THE CITY OF WESTON AND FOR MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES RFP NO. 2013-18 This Agreement, is made and entered into the day of , 2013 by and between the City of Weston, a Florida municipal corporation ("CITY"), and ("CONTRACTOR") for services related to Maintenance of Stormwater and Sanitary Sewer Facilities ("Agreement"). References in this Agreement to "City Manager" shall be meant to include his designee. WITNESSETH: WHEREAS, the CITY, solicited proposals from contractors to perform Maintenance of Stormwater and Sanitary Sewer Facilities; and WHEREAS, Proposals were evaluated and ranked by a Selection Committee; and WHEREAS, the City Commission has selected the CONTRACTOR to perform Maintenance of Stormwater and Sanitary Sewer Facilities; and WHEREAS, on , the CITY enacted Resolution No. , which ratified or altered the ranking of Proposals for Maintenance of Stormwater and Sanitary Sewer Facilities and authorized the appropriate City officials to execute an agreement with the number one ranked CONTRACTOR ; and WHEREAS, CITY and CONTRACTOR desire to enter into an Agreement whereby the duties and obligations each to the other are set forth. IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS HEREIN EXPRESSED AND THE FAITHFUL PERFORMANCE OF ALL SUCH COVENANTS AND CONDITIONS, THE PARTIES AGREE AS FOLLOWS: RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 64 of 76 SECTION 1. SCOPE OF SERVICES 1.1 The CONTRACTOR must meet the requirements and perform the services identified in the Request for Proposals for Maintenance of Stormwater and Sanitary Sewer Facilities dated , ("RFP"), attached hereto and made a part hereof, as Exhibit "A" and the CONTRACTOR'S Proposal, attached hereto and made a part hereof, as Exhibit"B". 1.2 CONTRACTOR agrees and acknowledges that CONTRACTOR is prohibited from exempting provisions of the RFP or in this Agreement in any of CONTRACTOR'S services pursuant to this Agreement. SECTION 2. TERM 2.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall extend until March 31, 2017. 2.2 After the initial term, the Contract may be extended for two (2) additional three (3) year periods by mutual agreement of the parties. The parties hereto may extend this Agreement by mutual consent, in writing, prior to the expiration of the current term. This provision in no way limits either parry's right to terminate this Agreement at any time during the initial term or any extension thereof, pursuant to Section 4 of this Agreement. SECTION 3. COMPENSATION 3.1 The amount of compensation payable by the CITY to CONTRACTOR shall be based upon the prices as set forth in Exhibit "C", attached hereto and made a part hereof, which amount shall be accepted by CONTRACTOR as full compensation for all such work performed under this Agreement. It is acknowledged and agreed by CONTRACTOR that these amounts are the maximum payable and constitute a limitation upon CITY'S obligation to compensate CONTRACTOR for its services related to this Agreement. This maximum amount, however, does not constitute a limitation of any sort, upon CONTRACTOR'S obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 3.2 CONTRACTOR may submit an invoice for compensation, developed and agreed upon by the City Manager and CONTRACTOR, no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. Invoices shall designate the nature of the services performed and shall also show a summary of fees with accrual of the total and credits for portions paid previously, and shall allocate the billing costs to the appropriate fund or combination of funds. Each statement shall show the proportion of the guaranteed maximum payment that has been expended through previous billings. RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 65 of 76 3.3 Notwithstanding any provision of this Agreement to the contrary, City Manager, may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to City Manager. The amount withheld shall not be subject to payment of interest by CITY. 3.4 Payment shall be made to CONTRACTOR in accordance with the Local Government Prompt Payment Act as stipulated in Part VII of Chapter 218, FL Statutes, by check, card, funds transfer or other method as determined by the CITY in its sole discretion. 3.5 CONTRACTOR agrees to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged for which CONTRACTOR receives reimbursement for a period of at least three (3) years after completion of the work provided for in this Agreement. Such books and records shall be available at all reasonable times for examination and audit by CITY. 3.6 If it should become necessary for CITY to request CONTRACTOR to render any additional services to either supplement the services described in the RFP or to perform additional work, such additional work shall be performed only if set forth in an addendum to this Agreement. Any such additional work agreed to by both parties shall be by mutual agreement of both parties and negotiated as to price. 3.7 On April 1, 2014 and on April 1 of each subsequent year, all hourly rates and fees described in the Agreement and Exhibit hereto shall be increased by an amount equal to the Consumer Price Index ( CPI') increase, as measured by the nearest geographical index, unless both parties mutually agree in writing to an alternative arrangement. SECTION 4.TERMINATION 4.1 This Agreement may be terminated by the City Manager upon 24 hours notice as the City Manager deems appropriate. This Agreement may be terminated for cause by the CONTRACTOR if the CITY is in breach and has not corrected the breach within sixty (60) days after written notice from the CONTRACTOR identifying the breach. 4.2 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by City Manager which City Manager deems necessary to protect the public health, safety or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 4.3 In the event this Agreement is terminated for convenience, CONTRACTOR shall be paid for any services performed to the date the Agreement is terminated; however, upon being notified of CITY'S election to terminate, CONTRACTOR shall refrain RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 66 of 76 from performing further services or incurring additional expenses under the terms of this Agreement. CONTRACTOR acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by CITY, the adequacy of which is hereby acknowledged by CONTRACTOR, is given as specific consideration to CONTRACTOR for CITY'S right to terminate this Agreement for convenience. 4.4 In the event this Agreement is terminated, any compensation payable by CITY shall be withheld until all documents are provided to CITY pursuant to Section7.1 of this Agreement. In no event shall the CITY be liable to CONTRACTOR for any additional compensation, other than provided herein, or for any consequential or incidental damages. SECTION 5. INDEMNIFICATION 5.1 CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney selected by the CITY, to defend the CITY and any of its officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, demands and claims for personal injury, bodily injury, sickness, diseases Or death or damage or destruction of tangible property, arising out of any errors, omissions, misconduct or negligent acts, errors or omissions of CONTRACTOR, its officials, agents, employees or subcontractors in the performance of the services of CONTRACTOR under this Agreement, whether direct or indirect and from and against any orders, judgments, or decrees which may be entered thereon and from and against all costs, damages of every kind and nature, attorneys' fees, expenses and liabilities incurred in and about the defense of any such claim and investigation thereof. 5.2 CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney selected by the CITY, to defend the CITY and any of its officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, demands and claims sought by third parties related to any alleged breach of any non-competition of similar provisions. 5.3 CONTRACTOR shall indemnify CITY and any of its officers, agents, servants and employees, for all loss, damage, expense or liability including, without limitation, court costs and attorneys' fees that may result by reason of any infringement or claim of infringement by CONTRACTOR of any patent, trademark, copyright, trade secret or other proprietary right relating to services furnished pursuant to this Contract. CONTRACTOR will defend and/or settle at its own expense any action brought against the CITY any of its officers, agents, servants and employees, to the extent that it is based on a claim that products or services furnished to CITY by CONTRACTOR pursuant to this Contract, or if any portion of the services or goods related to the performance of the service become unusable as a result of any such infringement or claim. 5.4 CONTRACTOR acknowledges that specific consideration has been paid or will be paid under this Agreement for this hold harmless and indemnification provision, RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 67 of 76 and further agrees with the foregoing provisions of indemnity and with the collateral obligation of insuring said indemnity. 5.5 The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Manager and the City Attorney, any sums due CONTRACTOR under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. SECTION 6. INSURANCE In order to insure the indemnification obligation contained above, CONTRACTOR shall, as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement, the insurance coverages as set forth in the RFP. SECTION 7. MISCELLANEOUS 7.1 Ownership of Documents. Unless otherwise provided by law, any and all reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of CITY. In the event of termination of this Agreement, any reports, photographs, surveys and other data and documents prepared by CONTRACTOR, whether finished or unfinished, shall become the property of CITY and shall be delivered by CONTRACTOR to the City Manager within seven (7) days of termination of this Agreement by either party. Any compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. 7.2 Audit and Inspection Rights and Retention of Records. CITY shall have the right to audit the books, records and accounts of CONTRACTOR that are related to this Agreement. CONTRACTOR shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. CONTRACTOR shall preserve and make available, at reasonable times for examination and audit by CITY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement, unless CONTRACTOR is notified in writing by CITY of the need to extend the retention period. Such retention of such records and documents shall be at CONTRACTOR'S expense. if any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. if the Florida Public Records Act is determined by CITY to be applicable to CONTRACTOR'S records, CONTRACTOR shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by CONTRACTOR. Any incomplete or incorrect entry RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 68 of 76 in such books, records, and accounts shall be a basis for CITY'S disallowance and recovery of any payment upon such entry. In addition, CONTRACTOR shall respond to the reasonable inquiries of successor CONTRACTORS and allow successor CONTRACTORS to receive working papers relating to matters of continuing significance. In addition, CONTRACTOR shall provide a complete copy of all working papers to the CITY, prior to final payment by the CITY, in accordance with the RFP for CONTRACTOR services. 7.3 Policy of Non Discrimination. CONTRACTOR shall not discriminate against any person in its operations, activities or delivery of services under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for service delivery. 7.4 Public Entity Crime Act. CONTRACTOR represents that the execution of this agreement will not violate the Public Entity Crime Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a CONTRACTOR, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to CITY, may not submit ' a bid on a contract with CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to CITY, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or consultant under a contract with CITY, and may not transact any business with CITY in excess of the threshold amount provided in Section 287.617, Florida Statutes, for category two purchases for a period of thirty six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from CITY'S competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. By submitting a response to this RFP, Proposer certifies that it is qualified under Section 287.133, Florida Statutes, to provide the services set forth in this RFP. 7.5 Independent CONTRACTOR. CONTRACTOR is an independent CONTRACTOR under this Agreement. Services provided by CONTRACTOR pursuant to this Agreement shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees or RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 69 of 76 agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of CONTRACTOR. This Agreement shall not constitute or make the parties a partnership or joint venture. 7.6 Third Party Beneficiaries. Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third parry beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them. Based upon this Agreement the parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 7.7 Notices. Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail postage prepaid return receipt requested or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: CITY: John R. Flint, City Manager Weston City Hall 17200 Royal Palm Boulevard Weston, Florida 33326 With a copy to: Jamie Alan Cole, Esq. City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 200 East Broward Boulevard, Suite 1900 Fort Lauderdale, Florida 33301 CONTRACTOR: ti 7.8 Assignment and Performance. Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by CONTRACTOR, except with the prior approval of the City Manager, which shall be in his sole and absolute discretion. In addition, CONTRACTOR shall not subcontract any portion of the work required by RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 70 of 76 this Agreement, except with the prior approval of the City Manager, which shall be in his sole and absolute discretion. A list of all such sub- contractors shall be included in the Proposal. If additional sub-contractors are to be used during the term of this Agreement, other than those submitted in the Proposal, a list of such sub- contractors shall be provided to the City Manager, subject to his approval. CONTRACTOR represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the RFP and to provide and perform such services to CITY'S satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations and services under this Agreement in a skillful and respectable manner. 7.9 Conflicts, Neither CONTRACTOR nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CONTRACTOR'S loyal and conscientious exercise of judgment related to its performance under this Agreement. CONTRACTOR agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against CITY in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process. Further, CONTRACTOR agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of CITY in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude CONTRACTOR or any other persons from representing themselves in any action or in any administrative or legal proceeding. In the event CONTRACTOR is permitted to utilize sub- contractors to perform any services required by this Agreement, CONTRACTOR agrees to prohibit such sub- contractors, by written contract, from having any conflicts within the meaning of this section. 7.10 Contingency Fee. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For a breach or violation of this provision, CITY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.11 Materiality and Waiver of Breach. CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. CITY'S failure to enforce any provision of this Agreement shall not be deemed a waiver of such RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 71 of 76 provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 7.12 Compliance with Laws. CONTRACTOR shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 7.13 Severance. In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 7.14 Joint Preparation. The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 7.15 Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 7 of this Agreement shall prevail and be given effect. 7.16 Applicable Law and Venue; Attorney's Fees and Costs. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The parties submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of, or relating to, this Agreement. Venue of any action to enforce this Agreement shall be in Broward County, Florida. The parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected with this Agreement. The parties understand and agree that this waiver is a material contract term. This Agreement is not subject to arbitration. If any party is required to enforce the terms of this Agreement by court proceedings or otherwise, whether or not formal legal action is required, each party shall pay its own attorney's fees and costs. 7.17 Amendments. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement. 7.18 Prior Agreements. This Agreement and its attachments constitute the entire agreement between CONTRACTOR and CITY, and this document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 72 of 76 there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained here shall be effective unless set forth in writing in accordance with Section 7.17 above. 7.19 Drug-Free Workplace. CONTRACTOR shall maintain a drug-free workplace. 7.20 Incorporation by Reference. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits are incorporated hereto and made a part of this Agreement. 7.21 Multiple Originals. This Agreement may be fully executed in two (2) copies by all parties each of which, bearing original signatures, shall have the force and effect of an original document. 7.22 Headings. Headings are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 7.23 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and Obligate such party with respect to all provisions contained in this Agreement. E 7.24 Public Records. CONTRACTOR acknowledges that the public shall have access, at all reasonable times, to certain documents and information pertaining to Owner's contracts, pursuant to the provisions of Chapter 119, Florida Statutes. CONTRACTOR agrees to maintain public records in CONTRACTOR's possession or control in connection with CONTRACTOR's performance under this Agreement and to provide the public with access to public records in accordance with the record maintenance, production and cost requirements set forth in Chapter 119, Florida Statutes, or as otherwise required by law. CONTRACTOR shall ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law. Unless otherwise provided by law, any and all reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of Owner. In the event of termination of this Agreement by either party, any reports, photographs, surveys and other data and documents and public records prepared by, or in the possession or control of, CONTRACTOR, whether finished or unfinished, shall become the property of Owner and shall be delivered by CONTRACTOR to the City Manager, at no cost to the Owner, within seven (7) days of termination of this Agreement. All such records stored electronically by CONTRACTOR shall be delivered to the Owner in a format that is compatible with the Owner's information technology systems. Upon termination of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure. Any RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 73 of 76 compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. CONTRACTOR's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the Owner. 7.25 Survival of Provisions. Any terms or conditions of this Agreement that require acts beyond the date of its termination shall survive the termination of this Agreement, shall remain in full force and effect -unless and until the terms of conditions are completed, and shal I be fully enforceable by either party. 7.26 Truth-in-Negotiation Certificate. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. ti 7.27 Non-Appropriation of Funds. in the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal year for payments due under this Agreement, then the City, upon written notice to CONTRACTOR of such occurrence, shall have the unqualified right to terminate this Agreement without any penalty or expense to the City. 7.28 Default. In the event of a default by the CONTRACTOR, the CONTRACTOR shall be liable for all damages resulting from the default. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy specifically given or otherwise existing and may be exercised from time to time as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY's rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. [THIS SPACE INTENTIONALLY LEFT BLANK] RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 74 of 76 AGREEMENT BETWEEN THE CITY OF WESTON,AND FOR MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: City of Weston through its City Commission, signing by and through its Mayor, authorized to execute same by Commission action on the day of 2013; and authorized to execute same,through its CITY OF WESTON,through its City Commission ATTEST: By: Daniel J. Stermer, Mayor day of , 2013 Patricia A. Bates, MMC, City Clerk By: John R. Flint, City Manager day of 12013 Approved as to form and legality for the use of and reliance by the City of Weston only: By: Jamie Alan Cole, City Attorney day of , 2013 (CITY SEAL) WITNESSES: CONTRACTOR, By: TITLE Print Name Print Name day of , 2013 3 (CORPORATE SEAL) Print Name RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 75 of 76 [THIS PAGE INTENTIONALLY LEFT BLANK] , RFP No.2613-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 76 of 76 FORM 5 PRICING and EQUIPMENT The CONTRACTOR offers the following for providing all labor, materials, equipment, travel, NPDES requirements, safety and as outlined in the contract documents to perform Maintenance of Stormwater and Sanitary Sewer Facilities in accordance with the scope of work._Quantity listed is an estimated annual quantity. Table 5-1 - Pricing Item UOM Description of Item Quantity Price No. 1 Inspection of Stormwater catch basins, inlets, weirs, Each 850 � and manholes, unit price per structure, 2 Cleaning of Stormwater catch basins, inlets, and manholes and associated pipe to downstream Each 850 - structure, unit price per structure, 3 Cleaning of sanitary sewer manhole and associated Each 1600 pipe to downstream structure (6"—36') price each, E 4 Cleaning of sanitary sewer manhole and associated Each 35 pipe to lift Station (6" —36') price each, 5 Cleaning of Pipe (over 36" nominal diameter), price L.F. 1000 per linear foot, -� 6 Cleaning of Lift Stations, price per lift station Each 35 7 Vacuum Truck service, with two operators, H r. 500 Price per hour(M-F, lam to 5pm) 8 Vacuum Truck service, with two operators, , Hr. 100 Price per hour(all other hours) 41 9 Closed Circuit Televising of Pipe (CCTV) 6" to 3611 , L.F. 2000 �� price per linear foot, ' 10 Purchase and installation of catch basin grates, % over manhole lids, expressed as a percentage over list 10 , manufacturer price, price RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 45 of 76 FORM 5 Continued The CONTRACTOR shall list the equipment to be used on this project and demonstrate that this equipment is owned or leased (Attach supporting documents). Table 5-2- Equipment Item Description of Equipment Owned/Leased No. (Type of Equipment, Chassis Manufacturer/Body Manufacturer/Year) (circle one) Owned/Leased Owned/Leased 3 Owned/Leased Owned/Leased t 1/.mcc:a,J S�/Gli Owned/Leased 6? L/ re 4-X Ar-n ZU,9 �rJi�-�J Snv�LG i�i-r/e K - D"1✓� k i 3 k } } 7 3 Y RFP No.2013-18 MAINTENANCE OF STORMwATER AND SANITARY SEWER FACILITIES Page 46 of 76 ACTION TRUCK AND EQUIPMENT USED TRUCKS /..�'-:.'_ �_i • ~ is Tel: 786-419-3447 Tel: 305-636-5333 Fax: 305-638-8002 No.doZTM . 2025 NX 36 Street Miami, FL 33142 t OROM DI:Yi#TAALOET0tLLE AMM � � . �' V� � `-�,n .fie � pUf?ADS �},r• r^� �'i�� ENTER MY OFM€OR iOW YR. V MI GFERTA POR fti'xi tA'AO 2-0 ' f f i � i l Luxe. `� 1 "— A �� N4--- --E L l COLOR t BASEFFACE PFMCIO RAStCO 4 1. SOLD AS IS BD. 9 NO WARRANTY NO GUARANTEE LD. s T TOTAL*OMMM ACCESOfVM LESS USED CAR ALLOWANU AJI oars sold or used era subject to the Magnuson-Moss Act and the merrhm4aa it tooder limited Warranty. The src r:o Warranty =prossad cf knprwd an treed CASH DIFFERExt:E ears sold by Action Truck&Equip.,axcopt the foNoyykV used car wsrrustr IMFERENCIA date. y 71 Auiamatic 7an m sminsicn, otor A tsar end 50/50 30 days, attar tam defi+ra -QT DEALER FEE 2)No warranty applies to tho teat of the car in any way. AMOiJHrTAXAaE r j� ® 31 To msks ftA use of our Wwnwi y,the buyer awn bAnQ the eas at his awn TOTALAPLICABLk ALTOS if exponea to our shop toaa'ted at 2025 N.W.36 St.Miami,Florida 33142 pla f{!r$S �F/EX 4}WO alo not t ortdbts for any rapalF made by autmtmr 4t atyy otltar ce MASIPARJE57OBSO YENTA thou I shag, miffAfl,TlfL A FM Todoa toe tetras Yaax$dpa a usodoe saTdn atdataa �Acts M+t6ntrxrPrfiRea+r y PA Y toda It marcmneia ostd acrjata rasa Gwwttfa limitada. t'LtiS LlSffD t:AR 8Ai AKCE ITLILO NO hay Gat-antis expressads o sugerida ark canoe usados vorAfrdos por D� OILAIW tf WED Acom Truck A Equip.azsapwvndo am Gararn:Ja pars earms usados. CASH R Dig"DO z l Transmisidn AuvmWtica,motor y Miargr$dsF 50%0 por 30 digs despu6s de is PAGO CONTRA O EHTREGA fecha de ontraga. ?� Ninguna otm G4vurtia so Is apiica al recto dot csrro an forma a uns. LI RO BALANCE OF CANS PRICE n 3) Para hecttr rue later do mostra Gwwll a. aI wmpcad" tram$eI mac a su Wk E DEL PREMOTOTALA PAGAR r ,1 a se moo her me hee por off cawm o1a ae later qua no ads of rwastro. �[ For and in con*ftraden of the ern of t E'ER Action Truck and Equlpmettt Wild t you have Mt,e say tx�d tv W WtWAIL I do imeby bwgaK*A or d t ���®® 1===wM=w®=ws®=®)� dofiaarrrraa you am Ch a Fynaean k d eo 7eCa Yarea f OvrRto earners ieR rsaerye aratfeeetl ar+RanoCi*lbd ia�f- ea Ie tfe d.'Aoreodraotnale hearer eta r wwmx can 1*end araunnaoee w to w my r,rove ar!riot cam t■i:ae iraar d onto rm, a D PCfOlt A CAfrtBfA#t ao a "fait%abnorit you do moorartt.Rome I Bee a MAKE r pood rrgN a sea and dedyar the Jobe *rAa+W4 r+d 04*tenet and Pooteef,-yrmaee t xA t q D vrarrattt ayzirst R»cam a!aq parttas ayhmt.aetert as slaw apeurtea. I.D.fdo. raQ,do J0Ehg RCAC%Nf Rr y aWr vo idexro t 4 k seta!►a BALAfdCECyrET1S fa wet by tale aer.d;terra a castes par teams n DEBEBALANCEA eCetfa.nw, randQ y enssatie w craxrroEa AS E ALES yiodwal Zia ds mow Yd sarsmixd 4M Were ttrt:WA tents a rN noO*A y aAra d nrtot Wen ta'x de ode oiaads TiME6AlAaftXc3H esarpm 9 A F/SGAR BAt14fILE EK papadora art dauda la cMal uat d amrna Cum 8EGI�YNlNG ARtNtT�Yld57AT ltT3AT? o C dnxactoQ do randnr y wm'ow ddm aummew y Rn er tada y potoodon son sdcbn. CQ6hFXZ1tHO4 IVfEi451fALIDADES DE 4 antrum patentiadvt ranter c;wkXbar»dmrnefart Oa pgft am*.OEM P"re nnrWOM,40 14 rmrscrvrtxdv. on E Cash tranaecfm ehra alfr b lxtt acid W&M.WW d am boo opted by anal-, felt wwo the PwGb.0wwsalt Is mt acv pw sad d»tra'ascoc"it trot owww mated aaa laf.spraoo.ed in 'empootRAe Sank of F.W.Vte C-aw"And by Row R.We Cbrssrnsr C-edat Pro -* Ant MUM h 1-.*p A.zl haw tram Versa$Sd tCr,prl,weaarrs here!rt¢OG ae,neukraaa Sara canted. En we rretfw�tarr-1 trarary*facets,Vats trfori no a A vairda a'mt habar lido acepta'.a y FIRMADA par et tZearta En one iraasemkp de ered7to,to atom MI eempradaraar na can aoaytado y so transaacbn no rarrautnada hrata r eav-Ala ate FIrAftCiaryltltrr.9 wenwobte y IN.:ed*a fix rovViackoms afa iPrabad4 per aavnQ AQr at frallK y im Banco Q Aide dada het,d Qo%$_ ragi70rdaa pCl At:fa Fadary da*Avtar�i.dx[radtw r Cvrrari:ridor twcua de V-ended Prnannonal hey*t' Y ran+Ptedarlxa7 rmi*nCantrar- Ftsar le+obnto.�. /' �py� YJrtt3f3.`C}gfGFfiAl RlYl�SIGNATt1F� P1iONE�Yl����1 f FEFWA Df3 Co. � a s3l5t s COPY Acc`Pr DEAL6t/ l � 1 C ,.n7K AC- AOU rr PGR ;tt Mai Lion Satisfaction to:Dept of Highway Safety and Motor Vehicles,Nei!Kirkman Bulnfittg,Tallahassee,FL 32399-0500 A03200 - I Identification Nurr;ber � Year-r-F.iake—B:.cy'-- L"d'f-L-BHP Vessel Regis.No.— Title Nur.,ber - 111 �1FDZW86£8VVA39237 iISS7�FORDI TK ( f '15000 102175620-1 ,1 Registered Owner: Date of Issue 06/20/2012 Lien Release A&A DRAINAGE & VAC SERVICES Intarest in the described vehicle is hereby released = - € 13848 NW 14TH ST c PEMBROKE PINES FL 33028 Title = Gala - E IMPORTAW INFOR-OLT'ION 1. Mftien ownership of the vehicle described herein is - - ` transferred,the seller MUST complete in fuli the Transfer of Title by Seller section at the bottom Of = - ls `.Inii To: the certificate of title. - `- 2. Upon sale of this vehicle.the seller must conplete A&A DRAINAGE & VAC SERVICES Mon of sale on the reverse side of this form. c 13$46 NW 14TH ST 3. Remove your license plate from the vehicle. - PEMBROKE PINES FL 33028-3031 4. See the web address below for more information and the appropriate forms required forthe purchaserto E title and register the vehicle,mobile home orvessel: ` tf1j f 1 I t ft 1i ! [ I1 1 1t htlp://vnvri.hsriv.state.3.uslhtml/titlinf.htnl _ - �trlitrt�'t�lttt)tltl�tttrtF�ttt�rtttt�l)Ittllt�tt�t�1►r�r)tll .,;��_'y),.;:''_%'`�:}iTd--it.'. '�;/' '/ �!,, - .�',^-s• 't:•.y..,SF:y, , _ y:. #;-.j. �:,�r f{.:c {i.+. � d•c <.. L �2•: rs. i%t :� s < a .+' � •.y\� s^,;"- •.5";'u, i< •.•r =� ,� >' !Jcat3drti4raeir>--Y= .eVear': (take;�FB31 octq„ y3riL-BiP.. VeesekRegi�.h� e •yetLHFibn' ' YI.$SE81Fl!' 1997, F0WiX,;f•TiC. $000 1 OS1758 '•'�'1' " :r ' r +Z r!<era�Datlle.descri()edveltickistrttrpby;iekase 31 'c-Cdtec.t' Primary eantl Sectitii?ary':Brasd !! �Jc off,—{— Use.�—.RavissdE t)afe - � 'NC'�;•_tfFtT '• \\ I ns EPRIVATE .`+;. 3,TI(ie' € \.-" = .O iontater SFstits or;Jessel F.ialwY.ctarer or OH age tid8 ASatairaF Prop Date of Issue (— EXEtrtP f. 1 1 06/20/2012 Date - :y;:.; ;,�` Rc�i-itc'Ft<j Owner - I� A&A DRAINAGE & VAC SERVICES tr 13846 'NW 14TH ST E PEMBROKE PINES FL $3028 € __ lst Llcrina3der _ A^ = F NONE y''- :,sir yI DIVISION OF MOTORIST SERVICES TALLAHASSEE FLORIDA DEPARTFAFNf OF H1C-HIiJAY SAFETY AND)ROTOR VEHICLES 3 ' 09 N. a-�tml Number 98 115 ()I-&� Clayton Boyd i Jalden Me L Jones Director 9teculive Director F �c TRANSFER OF TITLE BY SELLER(Tlils section rust be completed at the lime of sate.) -€ Federni m,Car-we tat:mtuiretkd the�Ileratdalharm)eee.perchaareename.sellirtg price and dal mid inronnoefimNvithSteu:msierofo%wtrahip. F�r FaiIwe to compick orprotiidiag 2 fnlse mkinew may re-stFt in finca ardor imprimmmwL . IE Thia title ie ata Icd to be Irmfrom any liana weep[as noted on the face ofdie cerliti-te and dia miihirtehiele ort rra]described i=busby transferred to: any E ScI)sr4lwtEnterPmcbatsrtVaoie:_ Addre+s: Sallerhi,>Et Enter SallingP:ica;_, SellerMusrl_alerDalaSokd- 'IE ilCs arum that ddcl�Sos�ediFilodotrmlcraotc rsadsl �l_il_S,i_il,,,•_i(_1.1 X l ino tendie)miles.dale mad andihcsby csrtiip that to thebest ot'my kna,vlsdge the odometer readiaF: --? ?i QLmflaclsACTI)st[•MU.F_- �Z.ioLVE.`CCESSOFrMS 6ELW%ZCAT.LINM. n 3.1.-NOTMIMACI'1.?A1 NnF-MIE c• .. ,UNDER PENALTIES OF PERJURY,I DECLARE THAT I HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE. •t y:•:g SELLEK 26wo CO-SELLER bhur >£5 'Skis}Ier.•:' - Sips Hers. £�:^. �xr;••-•`S .- pi'ral tiara: � !� >'+ ,fiCitlL DnYer'a Til?$x. ''. •.{ • ..,.''.t..:�. _ .s�. i.�,r� �. Eer: s._.F,_;'�''T�cW.i .�;?•.,t� `•Ta�Lotlacted• •'s-!'".'s�_ c.�.tix,' >a•', :4ltclion�Wil,e•a:,, ,;1,.,..w., .:• `�.:: a a2'ast''1'um,Dm r• ..Y' •x`� �intcrtgs nata;�.':, .fi• +<•y .c ':< �•S c rr•.�r,•P rRCFi;,°SERawx' �; .\ r,`t :`�i� ."'w'F>'y :2 `�.i-,.5. 1 p i V`fr' '�+>: i.^.+.��Cj •�+..�•/ `�>�- ',n:• �'`)` 1.��' ♦,^�.�`` ;,� v.�,.`` ..St.•�,+'"' f.�a A .7�hr:J,•�- �:+!�! Yr�.:�• sS'4!uOYz�,:5 'S. G.k! .•2::fti+ .51�I1 all: ``• _t S'• :" `a�anric ''�` i••,•'.. .,; t ,•i3tnDHerc: w'.:>.<. \ \,>tz 'f" 'Y.y.7•=+�,-,-+s. .a. ..•' •;,u ici , ct /�'i %:assiY«NDTit t TY;I R64111R1 ; h�AW'l�xHclt. FOR TRIfNSF�R• t n�t'�S1J1FT£$iE>�7E J 'f ,bits• � Mail Lion Satisfaction to:Dept of Highway Safety and Motor Vehicles,Neil Kirkman Building,Tallahassee,FL A04998 32399-05D0 Identification Number I Year—Fake—$cdy Irr'I-L-SHP — Vessel Regis.No.T7482271 Title Number 3 , 11 FDZS96KIWVA41470 11998IFDRD � TK F 14328 81 Repmercd Ovnier: Date of Issue 09/13/2006 Lien Release + A&A DRAINAGE & VAC SERVICES Interest in the described vehicle is hereby released 13846 NW 14TH ST gy PEMBROKE PINES FL 33028 Title Date at IMPORTANT INFORiINTION � a 1. When ownership of the vehicle described herein is transferred,the seller MUST complete In full the Transfer of Tltle by Seller section at the bottom or ?'ail To: the certificate of title. f 2. Upon sale of this vehicle,the seller must complete A&A DRAINAGE & VAC SERVICES the notice of sale on the reverse side of this form. 13846 NW 14TH ST 3. Remove your license plate from the vehicle. PEMBROKE PINES FL 33028-3031 4. See the web address below for more information and the appropriate forms required for the purchaser to fF jtt title and register the vehicle,mobile home orvessel: If E1 fill IIII hElpJ;vnnr.hsmu.state fl.usristmlltitlini.html , :i .-.._ Yy�� Identiflcaticn Nutrber Year—tvtake—Body L'JT-L-BHP VESSEt Regis.N0. TdIE N9Tb@r Lion Release - n' 1 FDZS96KiWVA41470 11998 FORD I TK 14328 I 74922715 Interest in the described vehicle is hereby raWsed ` Stale Color Primary Brand I Secondary grand Dto the i Prev Issas Date gy FL WHI 1 PRiVATE(06/1711998ittE Odometer Status or Vessel Manufacturer or OH use Hull Material Prop Date of Issue Date ;S�t { FKEMPT I �09/13/2006 ,1 Ragi,lered OwTier _r3 A&A DRAINAGE & VAC SERVICES 13846 NW 14TH ST ;y PEMBROKE PINES FL 33028 :{ 1st Lietrholder �. NONE a DIVISION OF MOTOR VEHICLES TALirHASSEE �st FLORIDA DEPARTMe4T OF HIGHWAY SAFETY AND MOTOR VEHICLES s ObanalNlmhc Ceti A.Ford Fred O.Dickinson,[It Director Executive Director Q n TRANSFER OF TITLE BY SELLER{This section n:usl he completed at the time of sale.) vc. Feder:rlandiorAarelnr.vrequiredrdthesccllwtatc.licemitege,purchaser'shame,:xUiagprieaandd:ar:wldinconaeuioa�vidtdtctr>icrato.vnaahip. Eg. Failmeto complete arpravidingafatses#.iicarcut may remit in fines aad:'orirrrprisoanomf. r 5 This title i�4e»ur-�nlcd la be free from prep!kn>rsccpr:v rested o>o the taoe ol•lhc aerlilieafe and the rrmlor+•chicle ar ve.+aal described is hereby tnusfetredfo: ,�,� Sc11ar Ma.+t Enicr Pnrclua+cs',,-Vmnc:_ Address: Sall rhlon Enrcr Sclling Pries: Sellr Mi&-4 Eaten Date . Sold: me:kdchah: =ar�6digitodomuw,m,cna&UUU,LI�J,��•� (so tcnilra)milc<.datc mad.___and i hereby ccrtiti�ih.•u to tfte bci nfrny knowledge the odonmarreadiog: 1.reflecUAC`rUALNMEF-AGF_ (�3.i>1.tiE\CFSSnFI7S:i7ECH.4�1ICA41.LiA3•f5. C(3.irVt)TrHFACIVAF.NILEACF_ - UNDER PENALTIES OF PERJURY,I DECLARE THAT i HAVE READ THEE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE SFILER Aim--i Cit-SF7.LER3�tasl Sign Here:..----------"� :$•,: S` Print Hers• .-_-.�__-.'--___'_—._ —__— ;��� .__ _____�__ .__ ittint Hcro• "s. SCINTle iDMIces ucen-e\TTumhec•_�_. _V• Ten.\o.: _ T=Coiincled: s�•1 Auction Mntc PURCH1tSFRytusl - Si a Here: CO jiots:mc: ASER Sinst g Sign H _ tt "'! Prinl}lire• _-- Print H re• _ ``•�'' �+,4 NOTICE:$10.00 PENALTY IS REQUIRED BY LAW IF NOT SUBMITTED.FOR TRANSFER WITHIN 30 DAYS AFTER DATE OF PURCHASE .rGl -max,` 1;I W1 r •L'i. L _ y. eta t. -.n.t�•:!t , .�!?4•:.. �."�ir''.p•`oS`:rli.a- -w.h- `. r[vco a Mail Lien Satisfaction to.Dept of Highway Safety and Motor vehicles,Nei!l:trFfrtteh Building,Tallahassee,FL 32399-4500 & Idenl}Fcation Number Yezr fiaka-Boo' — YJT-L-BHP Vessel Regis.No.-- Tdle Number -� h7 •, � E I1FVACkDC56HW64270 1 2008 FRHT 1 TK I 14580 1 1 110902213 N. �I" t 2er,trred U[vtiar: Date of Issue 01/31/2013 3, Lien Release '= A&A DRAINAGE & VAC SERVICES Interest In the described vehicle is hereby released 13848 NW 14TH ST PEMBROKE PINES FL 33028 Title Date �f IMPORTANT INFOR10MON o"ice s 1.When ownership or the vehicle described herein is Z> E lranserred,the seller MUST rnmplete in lull the a Trdnsferof Title bV Sellersection at the bottom or Mail To: the certificate of bite. 2. Upon sale of this vehicle,the seller must complete A&A DRAINAGE & VAC SERVICES the notice of sale on the reverse side of this form. 13846 NW 14TH ST 3. Remove your license plate from the vehicle. i PEMBROKE PINES FL 33028-3031 d. Sao the web address celo—'or more i :ohr:a}ion and , the appropriate forms required for the purchaser totitle and ��� f.himl http:J.'vnn htster the smv late 1,svehicle, htmll l[r home orvessel: 3;. It,((Irt((tilt,rtt(t!(ttltt,lLllrtr[t(Itt[fllt(It(r(I,[([,r(1 ;£ ... .. •,.: .•. ,',.;<..:_ :.:,•. V;�r��,.''4'a�.E•V.,.ti. £:♦��yr!"%�� •' �' se ;tt:..•.;,..Yf�;£e' ki. IderiNcation Number -- Yeor.—Makn, Bc IIUI LBYP Y S�e4 t J h 1:Y ```Y Rti µ + ter`, oY, e, .LR9g6y t�d� Idle t'turs�ier:":•-• �: ,,, •,< ��`'. 1 FVACXDCSSHW64270 20Ff6 :FRT3T• ?<T1C ` ` tien Rehtast, '': < i4980 t'<M+ 'fiO902213 1Msresf`irtthe: Prev < `" .' a sc/�p,[�',e•,. �'' �ly: a�.dt:�,`` state r` Color Pdmafy&�rtd Set oPdary 9ratjc s—;�`;!•, r yyc of �35e -L;-'Piev Issue Date - ' t 3: '`•# �� M£ i WHI/8LU I p12I�{%QT1=1 - Odometer Status or Vessel Manufacturer or OH use Huh 6iateirial -I Plop •� Date of Issue 284838 MILES 01/31/2013 ACTUAL ._ e I 1 I01/31/2013 Date� Registered Owner n A&A DRAINAGE & VAC SERVICES 13846 NW 14TH ST >r PEMBROKE PINES FL 33028 y� 1st Lfeiiholder NONE DIVISION OF MOTORIST SEWICES TALLA4ASSEEFLORIDADEPARTMENT HIGhWAYSAFET AND � c L.r_ 0, Control Number108921670 Clayton Boyd Yhlaiden - Julie L.Janes yt Ke Director Executive Direrter _ TRANSFER OF TITLE BY SELLER(This section must be completed at the time of sale.) Federal an&ar wt law refore tbit ttt:+rlFrr,:run IIr,ndlegr.ptorcharcr.vane,srl ling price and dale gold in connection frith the!ra]t:ter of os:•nc:=Ili,, ''� fix Failure to caiiq]Irk orpro:•idiap a tblsc=Wlemtnt auy rr�-role is lino=and.'or irrVa•i.•onurcnL '[hie tide is avamnted lobe fine from aoy thus weep:oo noted on the faro afthe erdificate and the nhotorvehidFe or:•eepeel described is bemby tnit imed to: PW �€ Sc[icr Must Eater lh¢cba.nrs?laae: Sellerltiusl EnierSetline Pries SellcrMast Enter Date sold: �E itiYr.Y:utchatChia�Sor❑6dicitodoxarlrraoaereadsl-II_li-I,i_II-II-!_t;(1(no toniha)mitr�.date read- sad?hereby eerlitj•dw to the bniafmykno:%•Icdee the odameferrending: yii;c a r:.a• � ❑1.rrttrct:![CTU.0.L h4ZE4CE. (�Z.is LV EICfSS OF1'f5 MEGTi4.Y]C.4L L9,[1'l5. �3.is_YQTT-tE ACrLt:'aL hLir£aGE _=•.. UNDER PENALTIES OF PERJURY,t DECLARE THAT 1 HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE. ? Here:� Sign Si-He h `•'c"� & J _ _._._ Si Here: �__ -- a•r`�..� Print iierc: priat Hero: c SniliogDrnlWs License •,• •��`c��,,•,! ��99et ,15nnber. Ta:vo:_ Tax Collected: V` Auction l'aac •e :h l : 'b• ',`. �.it i}: ; ?:�„* tx"`hafihir:�_ t: _ .`^.'.:z�.f+: `4 ' PLfRULASERAtusf .k• �' _ v I\, ♦.?a .,.f.� „'F'. } \:>2 "�.�G 4 L y7'Y j{ '�.0: "y']�". k Y lire S�rfc: KA.� `.\, ,9'.• .�,•� ''h::+.r- -. ... •r��_,,:.,_ i�.""S nt3tt�. •r'.a..�.`:.-•t r•a° - - :•?_�:si�:!• _ -Z�; ns.G,t� �y./sron:X'•'" �rr�.(-%a ,i!%;` �`L`!..' :a• h£:-.. 1.s, 't 3;h�v _ �' r:�.•'•. ^•y.a�' >i:G.•r •', t�: ' '' Punt idcrc,:R �k' hi i3 �:. •r.,T—L '::':<: ,.".Y' a. 9 v �„lsy ti f'•^,�<:} 1—; _t"Y—�- .. s.-h•—a—iul'^`41—r� .4ti.' •S a,,� i._ .s NO'FJCE t'i1.TY,;IS REQtJ1Rkil2:$': 1fJ �i5 �'EFgtJ>zx R h s ffS1�l-TitiFt .r r 1x- ,..' ! � � Pt7Rtase .��r s+bUfi..;t +✓.',oi� ct...rr.�; '}.. ".r°',)•: . L:a"'" :. :] >,:•ai- '" 5.ji•� ,•y ram,:, .�.'' .tip._ ..sX:: .]:. ...'. �. .:_r �•< [�'a� L'-r•_: C:�•:�:�.:.".' :1 �' r.,t tr.:g.� .:.v= .I`tis.�!°• RtitVIN'L'Ji .et.. ~ •� ��~ ?3QMail Len Satisfation to:Dept ofl-tighway Safety and raator=ehfcles,Nah Kirkman Building.Ta lahassee;FL 323a9�J58� tUZ6;5U lesnti`tcation Hur-tar---- Year—i?af:e—Bees— ''0i-L-&"P Vessel Regis,N-— Tile t-brnter � IIFETItiIRADL84H68S662 2004!7tNTL AM B450j 89482672 Rep;tered Owner- Date of Issue 10/17/2012 Lien Release A&A DRAINAGE & VAC SERVICES !ntarest it,the d=_scited veblc15 Is hereby ra_la-ssec 13846 NW 14TH ST &•J PEMBROKE PINES FL 33028 T;tie I2iPQR•:r_xtr! Iid:.ORt•TAriiQ?; ? N.ther,oti;rershio o:the vehicle described herein is LwTfrerred.the seller hAUS-cot,Dlete ir'ell the Trars`ero.711le by Selfer section•ai the bottom o' the cer0!a o`title. e 2. Upon.ssis o'thisvahicla,the sailer Host complete A&A DRAINAGE & VAC SERVICES ti.e rotice o'sale or.the reverse side o'this forrl. 3 13846 NW 14TH ST 3. PSMOve Y Lr ticerse piste from the VehiCle. PEMBROKE PINES FL 33028-3031 4. See ll•e-,veb address below 4orr:orelr.'ormatior:and Ihoappropriato'.orms ee "(red:or the,purchase,to j( i titleardmgisterthevehicle,nobile hone orvessel: g� Ertl11 l={{i{{i 1111 f I I t t l t r tl tl 11111 ltits{E t E i tl t t i tt i�{ itllp:r'\.':?ii.i'SrnV.5t'ate.�i.t;S.+htr?t!titiir�.hlilt ` 03 ..;r,....; ..... ... Kell isation Nl.•r ter^t > legit f^n13re.=Lcd�-T JT L BHP Vis=P:Rec S Ft lttte NUrrtsr >J J •t - I LinPet ase. ..., �I 1i3TMRADL84li65$5'S2 r 200A!$i�tTL'.! A+d 6490 89482$72 ? interest n fhn descrl3edatl tcM es herb leases `' S .. Sta 1—Ctlor Primary On ad Secondary Brand. i Fc a yf a PrevIssus Date ^. py, � �ranc� f •. ••; E'. i-RED I ! } PRIMATE��#2/2212003 i I Cdan:eler SEztr ar Vessaf ISanuiaetarer t:r O!i tts=_ - iiull•i':ist_r'rt. Frev Gate of iss— @ i 254593 MILES 10/17/2012 ACTUAL Cate 10/1712012: , 46 RC_;st��rc,i li;nicr � I A&A DRAINAGE & VAC SERVICES 13845 NW 14TH ST PEMBROKE PINES FL 33028 � 1st? rtlrtt'ivr NONE r Al c E D(VfSfONOFl30TOR1STSErJlC£S TALLAHASSEfl r FLORID:, DEPART114DITOF HIGHWAY SAFETY AND 140TOP.VEHICLES t� Irtt ' '� vvC w��,antm!Ntuaber 1 f b• }_! =1 V =: "t V v Clayton Bo you W.1den - + date L_Jchser ��. Director c.acctiva C:recicr I RAIiSF£R OF TITLE BY SELLER(This section rmst be completed-at the time cf saie,•, _ ?•edrr.:Enu+irn•,a:de taw rrgtdre:his dte.�ilrr�t:ac irte rmle r,p,rxb7;•lr'a aantc.�dlin�pricy and daamid in conneaic,::riu"�:he arrn=tor of o:.ns tip. , a- Fail=to mmphte nrprOY7d)n_^_61ai9C rua. :Uh re In t111e�:u1[l Or irnttCl�nlilactlL 5 Thim title igu-m nte:l lobe fhe from anF lieno escept e:nletio on the rut oftht,certiurate and tht-mwervebide orvcc ci d"niI ed io krc bymt u dcrmd to; S le EEE �" Scllcr:�Sr::t Enter Y'mei=��dz\.auc:_____�!___.^_^�___�._--- _;drlcese• .._.___..v__.____.__.________— � � Set ctrAim9Etttcr Set lingPricc; ShccrafeaEatn:❑altr5nld: u;:'o_rate llyd this; irar�edigil odnrarternmr r=arl=i_il_li—?;_;;_!�—ilvi+no icrriirinuEr�.dxo read,_„__•__•_and?brei:vc^ni.r that In the 6c>tofmv ho,cledce the udnmclr::eadia_c• �l�Y •.. I I e.yell ect ACRI>.L%M=\Cir ;r=.is i_:Eiil;ESS tYEi i5\iE'Ci?A1it.':;L LLtS'i't5. {13.i=\t)T TAE AC'rLL;L 1•F.LF--*,M UNDER PENALTIES OF PERJURY,I DECLARE THAT I HAVE READ THE FORECOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE. SE?LEf;Ain.-t CR 5�1,£F\fact - E Sight iirre: Sign Here: S .PrinlHc:c:__� i�;inl3-Iac: ^_A^ Set li -- Tay\o --- - _.-- -- _ ngDeute�s icen�:5unbtr: •� :...• _Sa;Cellected• z5• 4urrimr_�crae li�cnse ti:upFcry • .40=PttF-C'H:'iSsF.\f'tci d r. ,¢gypSION • .' , itn{.acre:. w.._...�. ;; -•trot lioic.: 'f'. NOTICE:PE11AL'TY-ISREQUlRE0.6Y LAEdlF3VOTSL9Mf3iEE1 FOR TRANS Ei?f tlik11N311 OA,SfAFTER;tY 'ESSFgtlRfiHkl%�� A04447 "� Mail Lien Satisfaction to:Dept or Highway safety and Motor Vehicles,Nell Kirkman Building,Tallahassee,FL 32399-8600 33 ;, r-- loentificalkln Number Year!I.-lake 1 Boay i— L'irr-L-BHP —i^ Vessel Regis.No.— Tale Nurnber �^ 11 FDYR82E 1 VVA21025 1997 WORD i TK i 8700 )I 71534821 t Regislemd turner. Date o£ Issue 03/25/2008 Lien P.elease _ A&A DRAINAGE & VAC SERVICES INC Interest in the aescribed vehicle is hereby released 13846 NW 14 ST By PEMBROKE PINES FL 33028 Title Y Date T111POR NT h pOW-9= t�Ctedescribed herein is transferred,the seller MUST complete in full the m �ransierofTitle by Set Ile rsection at the bottom of °, the certificate of title. .•iai.To: 2. Upon sale of this vehicle,the seller trust complete A&A DRAINAGE & VAC SERVICES INC the notice o`sale or.the reverse side of this form. 13846 NW 14 ST 3. Remove your license plate from the vehicle. PEMBROKE PINES FL 33028-3031 4. See the web address below for more Information and the appropriate forms required for the purchaser to E title and register the vehicle,mobile home orvessel: Cb r II �I �� � �I � '1 Ii I` �� I I �t � �r http:l:vnnv,hsmv.state'I.uslhtmlltillir.'_htmi C.+�� II 111 1 IIl[1 I tl 31E I MITI n 11 1 11 I ill t I I I 5 . , '3- K t Idetltiltoation Number Year—Make Body-r YJT L-6HP Vessel Rsyis.No Title Number — ` Lien Releases 1 FDYR82E 1 VVA2102S 1997 FORD1 TK ( 8700 71534821 ( Interest In the eescriibed vehicle is hereby released i r Stale— rim Cctor Pary Brand I Secondary Brand 9ra of Use I prev issue Date By nos , >= FL I WHI I PRIVATE 102/11/19971 Title •,r�1 Odatneler Status or Vessel fAantr,'acturar or OH use Hug Material T- Prep Date of Issue Date ty EXEMPT T i 1 03/25/2008 l �..s K�sistered C)irner E„t s � A&A DRAINAGE & VAC SERVICES INC 13846 NW 14 ST PEMBROKE PINES FL 33028 E" s.C Llemolder ti {( NONE DIVISION OF I:lOTORVBi1CLES TRLLAHASSEE ,��� FLORIDA DEPARTMENT OF HIGHWAY SAFETY ANR MOTOR VEHICLES �€ ConuoiA'ambe .} e ct Carl A.Fcrd Electra Theodorides-Bustle - [ Director Executive Director TRANSFER OF TITLE BY SELLER(This section mast be complelea at the time of sat-.) �^ Federal:md:arsha.taw require Ihol the selterswetbeadlemptrchwee;amae,selling priceanddole old inconnoctionu7dt the Iraasferofoec'mnshilL j t Failure to complete orprovidiogu false Aalcmenttayy_result in tines and.•or hoprisonureut. ';lr te F..: ibis title is,vaeruded to he free frorte my liens cuxpl as naiad an the race ofthe eerlihcde and the rnolorvrhicle or ve*vcl desmbcd Ls hereby truntkrrod to: Seller M.-I Enter Ptachwer'sVatnc: _ yddmv: w 4. ,$ SollwMu Enter Selling Price:__ _ � Sellertht.itraterOtd,Sold- } i.Wostaledcrtthis❑5orQfidigitadomct.rna,vread:!lLJU•UUL1_lyj(notenths)miler,daterwd and Fbmbycenifylh;dio the bestofmyknowlcdg the odometermadiag: ;• z �I.r0letdsAC7i1rV.10,FAt3F:. 0 3.is IN OFFTS ME/HANIC:LLMMf- �3.is�'nTTHF.�f:fU�U.bf1.F_�.GE 3 UNDER PENALTIES OF PERJURY,I DECLARE THAT 1 HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE. e 7 ShUS..F.Mac1 CO-SELLFitMuii Lr .y Siµn Here:._ Silo Here: 'F Prinr Ficn: Print Fen• c;e` — 'kF Sailing)Iplei'sl.Ieeuso�imetbex•: Tux.No.: TaxCoRedcd: a�. 8,� AvdioosVrape _,__-_ License_'hunber. r . PURCEL'1SER Most CO-PURCHASER Must -ttir: Sign Hem. Sign Hera: �i Print Here! Print Here: .^� 4,,�„�I�t3TIC ;,-510,0,E P IS EGUIRE_D f.A t�OJ SUB TTEp $�pt�SF,�R h13D DAYS DA OF PURCHASE--_ -- -- � 'v'1 `- f�:;t�'�Lu;��Es'�r-s. •v o r r 1° �. �`'' E"'!�, �•"' �'3® '��} d' � ,� r •;•'�t„�i',: y�;" s;r�,,µ-4z.,(.;'�`�c,t�4 �{�'+� '-��'4pi\ .,5• •-:e. :Y�'Y '.�,�: .i \5Ly .M. .$.::,A� .K,�.q.Jvi"�''1•`ix. :h'- �i-9 _. ........................ ...... : w ADrctnct �t Vac Services, Inc. 1 f December 3rd, 2013 Financial Stability f The purpose of this letter is to inform you that both myself and my company have never filed for bankruptcy and I have a credit score higher then 800. 1 Respectfully submitted, jpmes Scrima (President) r f r 13846 NW 14 Street a Pembroke nines, FL 33028 Phone: (954) 680-0294 • Fax: (954) 602-1160 www.a-a.co •jim@a-a.co rR1.19ro17A M-NA007nn Income by Customer Summary 12/30/13 3:03 AM Accrual Basis A&A Drainage And Vac Services Income by Customer Summary January 1-December 30,2013 Income Expenses Net Income A-1 Underground 18,047.00 $18,047,00 After Hours 506.47 $508.47 Ashley Furniture 4,200.00 $4,200.00 Bergeron Land Developement 0.00 -10,300.00 $-10,300.00 Bergeron Land DeveiopemenL 0.00 $0.00 Boat-Lilly 48.10 $48.10 Boat-Maritech Services 200.00 $200.00 Boat-Neptunus 81.72 $81.72 Boat-pumping 21,468.05 $21,468.05 Bottom Line 520.00 $520.00 BVK London Square LLC 475.00 S475,00 City of Cooper City. 45,105.00 $45.105.00 City of Coral Springs 1.450.00 $1.450.00 City of Fort Lauderdale. 82.180.00 -122.98 $82,057.02 City of Pembroke pines. 18,957.50 -361.64 $18,595.86 City of Sunny Isles Beach 50,400.00 $50,400.00 City Of Weston 282,971.78 $282,971.78 Cocoranda 100.00 $100.00 Coral Park Town Homes East 600.00 $600.00 Countryy Club Apartments 10B 4130 800.00 $800.00 Country Club Apt 1013 800.00 $800.00 Everglades Contracting 1.487.50 $1,487.50 Fountain Springs 8.960.00 $8,960.00 Gardens @ Sonaventura 11 East 1,500.00 $1,500.00 Gardens at Bonaventure 14 East Condo Assoc 1,400.00 $1,400.00 Golden Corral 450.00 $450.00 Golf Village 3,390.00 $3,390.00 Greensedge 1,250.00 $1,250.00 Griffin Shell -1,166.88 $-1,166.88 Hampton Inn 1,900.00 $1,900.00 Holman Automotive,Inc-Margate Lincoln 1,125.00 $1,125.00 !Bi Group 3,400.00 $3,400,00 Inxs 96M $96.35 JMC 10D.00 $100.00 JT'S 300.00 $300.00 Key Largo Waste Water Treatment 1,500.00 $1,500.00 Lauderdale Infiniti 620.00 $620.00 Matthev/s Jewelry 1.230.00 $1,230.00 Mayor's Cafe 325.00 $325.00 McDonaids 3671 1,900.00 $1,900.00 Miami Subs 600.00 $500.00 Miller Construction 6,225.00 $6,225.00 Mobile Marine 500.00 $500.00 Mobile On the Run 375.00 $375.00 a Mystique 9,305.00 $9,305.00 Nobel Point Condo 1.592.50 $1,592.50 Osprey at Sawgrass 2.350.00 $2,350.00 Osprey North 2.400.00 $2,400.00 Osprey West 2,350.00 $2,350.00 Palm island Ma€ntence 10,000.00 $10.000.00 Pembroke Falls 55,000.00 -195.94 $54,804.06 Presidential Estates 2.630.00 $2,530.00 Raquet Club 8 South 1.150.00 $1,150.00 Savanna 1,025.00 $1,025.00 SEC-Miramar Commons 7,690.00 $7,690.00 https://gbo.intuf.com/c28/v69.143/4609908S3/reports/execute?rptid-46099OSS3-CUST INC-view-1388390S93131 Page 1 of 2 Income by Customer Summary 12/30/13 3,03 AM any-Kegency umce eam ai o.uv 341a.uu SEC Comm Reality Group-Regency Lakes 2.325.00 $2.325.00 SEC Comm.Reality-Miramar Commons 2,750.00 $2.750,00 SEC Comm.Reality-Pembroke Crossings 9,950.00 $9,950.00 Sec-Davie Shopping Center 1,425.00 $1,425.00 Sec-Lomans Plaza 7,533.00 $7,533.00 Sec-Plantation Promenade 3,900.00 $3,900,00 sec-Regency Square 2,700.00 $2.700.00 sec-Sawgrass Square 1 1,675.00 $1,675.00 Sec-Sawgrass Square 2 1,725.00 $1,725.00 sec-Sunset Lakes 1,200.00 $1,200.00 Simoniz Car Wash 850.00 $850.00 Southgate Shores 2,600.00 $2.600.00 St Bartholomew Church 1,550.00 $1,550.00 St.Andrews of Miramar 550.00 $550,00 Sullivan Brothers,Inc. 10,562.50 2,000.00 $12,562.50 Sun Up Enterprises 3,225.00 $3,225.00 Sunset Lakes Master Association 3.750.00 $3.750.00 Suntrust Lauderdale lakes 3,547.00 $3.547.00 Tapestry 2,000.00 $2,000.00 Terranova 550.00 $550.00 Terranova-Granite Meridian 1,470,00 $1,470.00 Terranova-Paraiso Pare 3,100.00 $3,100.00 Terranova-Pompano Plaza 1,950.00 $1,950.00 Terranova-Westfork Plaza 10,710.00 $10,710.00 Terry's Pies 275.00 $275.00 Town Center Shoppes 6,870.00 $6,870.00 Ultimate Sports Institute 300.00 $300.00 VCM Construction,Inc. 512.50 $512.50 Victoria Del Mar 575.00 $575.00 Villas 37 South 1,500.00 $1,500.00 Villas @ Bon 41 East 1,400.00 $1,400.00 Villas of Bonaventure 37 North 1.800,00 $1,800.00 Villas of Rolling Hills 1,350.00 $1,350,00 Weston Business Center 5,810.00 $5,810.00 Westview 8 1,90D.00 $1,900.00 Windmill Ranches 5.220.00 $5,220.00 XeCi 81.87 $81.87 TOTAL $772,403.84 $-10,147.44 $762,256.40 Monday,Dec 30,2013 03:03:14 AM PST GMT-5-Accrual Basis i `https://qbo.intuit.com/c28/v69.143/460990853/reports/execute?rptid=460990853-CUST INC-view-1388390593131 Page 2 of 2 Balance Sheet 12/30/13 3:01 AM Accrual Basis A &A Drainage And Vac Services Balance Sheet As of December 30,2013 Total ASSETS Current Assets Bank Accounts Bank of America 40,162.34 Transfer of funds 0.00 Wells Fargo 1,383.41 Total Bank Accounts $41,645.75 Accounts Receivable Accounts Receivable 134,926.67 Total Accounts Receivable $134,926.67 Other current assets AIR OTHER 0.00 EXCHANGE 0.00 Payroll Asset 0.00 Payroll Service Customer Asset 0.00 Undeposited Funds 7,480.82 Total Other current assets $7 480.82 Total Current Assets $183,953.24 Fixed Assets ACCUMULATED DEPRECIATION -575,243.97 AUTOMOBILE 537,657.36 COMPUTER EQUIPMENT 12,408.01 EQUIPMENT 85.581.36 Ford Credit 2,000.00 Furniture 8,Fixtures-Orlando 14,339.52 Leasehold Improvements 7.100.00 LOAN PAYABLE-2008 Linc 2.500.00 TRAILER 19,089.78 Total Fixed Assets $105,432.06 Other Assets DEPOSIT 510.00 Total Other Assets $510.00 TOTAL ASSETS $289,895.30 LIABILITIES AND EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable 165,465.49 Total Accounts Payable $166,465.49 Other Current Liabilities Direct Deposit Liabilities 0.00 Direct Deposit Payable 484.93 Payroll Liabilities 5,254.54 Child Support 2,715.10 s Federal Taxes(9411944) 7,294.65 Federal Unemployment(940) 124.91 FL Unemployment Tax -1,206.71 Total Payroll Liabilities 14,182.49 Total Other Current Liabilities $14,667.42 Total Current Liabilities $180,132.91 Long-Term Liabilities https://qbo.intult.com/cZ8iv69.143/460990853/reports/execute?rptid-460990853-8AL_SHEET-view-1388390339081 Page 1 of 2 Balance Sheet 12/30/13 3:01 AM LINE OF CREDIT-BANK OF AMERICA -9,503.23 LINE OF CREDIT-WACHOVIA 0.00 LOAN PAYABLE-FORD 0.00 LOAN PAYABLE-WACHOVIA-1997 FORD 0.00 Note Payable-Audi Q7 0.00 Note Payable-Chevrofet Express 0.00 Note Payable-F150 0.00 Note Payable-F450 0,00 Total Long-Term Liabilities $-9,503.23 Total Liabilities $170,629.68 Equity COMMON STOCK 100.00 Credit card -121.70 Opening Sal Equity 0.00 Retained Earnings 127,728.57 SHAREHOLDER DISTRIBUTIONS 25,405.11 SHAREHOLDER DISTRIBUTIONS-HLTH -11,305.27 Net Income -22,541.09 Total Equity $119,265.62 TOTAL LIABILITIES AND EQUITY $289,895.30 Monday,Dec 30,2013 03:W20 AM PST GMT-5-Accrual Basis f r I 5 jhttps://qbo.intuit.comlc28/v69.143/460990853/reports/execute?rptld=460990853-BAL SHEET-view-1388390339081 Page 2 of 2 r.. • A R Drainage St Vac k Services, Inc. } } } December 3rd, 2013 Litigation History The purpose of this letter is to state that my company has not been involved in any litigation. } Respectfully submitted, ) J es Scrima(President) i t f } } } } 13846 NUJ 14 Street• Pembroke Pines, FL 33028 Phone: (954) 680-0294 • Fox: (954) 602-1160 www.a-a.co •j1m@a-a.co CBC1259174 • CFG1428700 AcaR CERTIFICATE OF LIABILITY INSURANCE DATE(MMMWYYYY) 11/16/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements. (PRODUCER CO MTACT `Gateway Insurance PHONE —95.4-735-5500 12430 W.Oakland Park Blvd. �"Riess Noi:954-736-2852 Fort Lauderdale FL 33311 1. UNSURE S AFFORDING COVERAGE NAIC Ir INSURER Aflorida Citrus Business& i INSUREb AANDA06 INSURER 13:1-Inited Specialty InI5.Co. (A&A Drainage&Vac Services INSURERC: (Inc./Attn:James Scrima INSURER D: (13846 N.W. 14 Street 'Pembroke Pines FL 33028 INSURERE: INSURER F: 'COVERAGES CERTIFICATE NUMBER:194025600 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IiIN R TYPE OF INSURANCE A D R POLICY EFF POLICY EXP IN SR WVD POLICY NUMBER DNYYY WD LIMITS (B GENERAL LIABILITY Y Y USA4029918 1111312013 1/13/2014 EACH OCCURRENCE $2.000.000 X COMMERCIAL GENERAL LIABILITY DAMAGE P ES Ea N�ocamence $100,000 r CLAIMS-MADE Fx J OCCUR MED EXP(Arry one person) $5_000 t PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $3,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $3 000,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY Eccident ANY AUTO BODILY INJURY(Per person) 3 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident) $ I' HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident � S UMBRELLA1tA6 OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION 10639751 1/2013 /1/2014 X I wC STATU- TH- LIM AND EMPLOYERS'LIABILITY Y/N •— i ANY PROPRIETORIPARTNERIEXECUTEVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1.000.000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 000 000 i j DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attaoh ACORD 101,Additional Remarks Schedule,If more apace Is required) 'Certificate Holder is listed as Additional Insured per form CG2033 when required by written contract. Blanket Waiver of Subrogation Applies (per form E919 to the General Liabifty when required by written contract. Blanket Priamry and Non Contributory form on the policy when 'required by written contract. (City of Weston,Calvin Giordano&Associates, Inc.,Munipal Technologies,Weiss Serota Helfman Pastoriza Cole and Boniske,PL are listed (as Additional Insured with respects to General Liability as required by written contract only. I CERTIFICATE HOLDER CANCELLATION i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Weston ACCORDANCE WITH THE POLICY PROVISIONS. 20200 Saddle Club Road Weston FL 33324 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD PR T, PALHEGYI RAYMOND E 1003SHOTGUN RD SUNRISE,FL 33326 1-954-577-5408 Policy number: 03378709-7 Undenmritten by: PROGRESSIVE EXPRESS INS COMPANY May 28,2013 Page 1 of 1 i Certificate ®f Insurance Certificate Holder Insured Agent ....................... __ _ ................................................................ A&A DRAINAGE AND VAC A&A DRAINAGE AND VAC PALHEGYI RAYMOND E 13846 NW 14TH STREET 13846 NW 14TH STREET 1003 SHOTGUN RD PEMBROKE PINES,FL 33028 PEMBROKE PINES,FL 33028 SUNRISE,FL 33326 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s)indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change,alter,modify,or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms,exclusions,limitations,endorsements,and conditions of these policies. .........................................,.,.............,................... Effective Date: Feb 1,2013 Policy Expiration Date: Feb 1,2014 Insurance coverage(s) Umits ................................................. - y BODILY INJURY/PROPERTY DAMAGE .$1.000000 COMBINED SINGLE.LIMIT ........................................... UNINSURED MOTORIST ��� $1,000,000 CSL NON-STACKED PERSONAL INJURY PROTECTION $10,000 W/$O DED-NAMED INSURED ONLY EMPLOYER'S NON-OWNED AUTO BIPD $1,000 000 COMBINED SINGLE LIMIT HIRED AUTO BODILY INJURY/PROPERTY DAMAGE $1,Oo0,O00 COMBINED SINGLE LIMIT Description of LocationNehicles/Special Items Scheduled autos only 2001 STRG LTD 2FZHATAK91 AF86274 Stated Amount $65,000 MEDICAL PAYMENTS $5,000 FIRE AND THEFT W/CAC $500 DED COLLISION $500 DED Certificate number 14813NET709 Please be advised that certificate holders will be notified in the event of a mid-term cancellation. f Form 5241 VW2) fear,Make &Model VIN Garaging Zip Radius 1 1998 Ford 1-9t 1FDZS961<10,1VA41470 33028 50 2 1997 Ford 1••18f 1FDYR82E1VVA21025 33028 50 3 2002 Ford F460 Super Duty 1FDXF4GR38EE63433 33028 50 S 1997 Ford LOt 1FDZWOGEBVVA39237 33028 50 5 2004 Intl41p 1HTUIRADL84H655552 3302E 50 6 2001 Strg UO 2FZHATAK91AFS6274 33028 50 Stated Amount(Vehicle+ Comprehensive Collision Vehicle Equipment) Deductible Fire&Theft tv/CAC Deductible Deductible f_ienholder 1 '1998 Ford L91 $1130 000 1PA SS00 S500 NA 1FDZS9GK*VVVA41470 2 1997 Ford H81 $45.000 IJ/A S500 S500 FI/A iFDYR82E1VVA21025 3 2008 Ford F450 Super Duty $61 ':100 1I+A 5500 S600 IVA 1FDX F.1GR38EE63433 4 1997 Ford 1-01 $4:3 000 N/A $600 S500 H.rA 1 FDZW86E8WA39237 5 2004 Intl:lip $33 000 1PA S500 $6001 UA 1HTMRADL84H6665y2 6 2001 Strg UO S65 000 I-PA S500 5500 NIA 2FZHATAK91AF86274 City Of Weston 20200sadlecl Rd l"deston FL 33321 Calvin Giordano 2700 S Commerce t^leston FL 33331 ";estop Business Cell 2915 Weston Rd Weston FL 33326 Bergeron f0iramar LI 19612 SW 69th Pembroke Pine FL 33332 Bergeron Sawgrass 19612 SVV 69th P Pembroke Pine FL 33332 The School Board Of 600 SE 3rd Ave Fort Auderdal FL 33301 City Of Miami Garde 161E ids";166th Fvhami Garden FL 33169 Granite Mendian LI P 0 Box 140528 Kansas City FV10 64114 re FORM 6 NON-COLLUSION AFFIDAVIT The undersigned individual, being duly sworn, deposes and says that: r 1. He/She is of f 101-41iu ,4'L,�A'l � he CONTRACTOR that has submitted the attached Proposal; 2. He/She is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither said CONTRACTOR nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, connived, or agreed, directly or indirectly, with any other CONTRACTOR, firm or person to submit a collusive or sham proposal in connection with the Agreement for which the attached Proposal has been submitted or to refrain from proposing in connection with such Agreement,or has in any manner, directly or indirectly, sought by agreement of collusion or communication of conference with any other CONTRACTOR, firm, or person to fix the price or prices in the attached RFP, or of any other CONTRACTOR, or to fix any overhead, profit or cost element of the Proposal or the response of any other CONTRACTOR, or to secure through any collusion, connivance, or unlawful agreement any advantage against the City of Weston, Florida, or any person interested in the proposed Agreement;and (THIS SPACE INTENTIONALLY LEFT BLANK) RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 47 of 76 FORM 6 NON-COLLUSION AFFIDAVIT Continued 5. The response to the attached RFP is fair and proper and is not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. �Ignature (Blue ink only) J (CORPORATE SEAL) Print Name Title / Date STATE OF FLORIDA ) ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this3J day �,�/, 2013, by �x..� as 'r+�se for 4aLt2w �l4.�'.��.��> Personally known to me �'// OR has produced identification type of identification produced NOTAR PUBL C My Commission Expires: OMDR 1 LEE KAi.3FMAN :a :Y p&COMMISMON#EE12D622 EXPIRES August 10,2015 104 Vanbra RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 48 of 76 FORM 7 DRUG-FREE WORKPLACE The undersigned vendor(firm) in accordance with Chapter 287.087, Florida Statutes, hereby certifies that �`,�} ��Z i/,4 f"VA--Je-r"V ce,e, f-/Vd does: 7' (Name of Company) 1. Publish a statement notifying employees that the unlawful manufacturing, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. inform employees about the dangers of drug abuse in the work place, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employee that, as a condition of working on the contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 4 [THIS SPACE INTENTIONALLY LEFT BLANK] RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 49 of 76 FORM 7 DRUG-FREE WORKPLACE (CONTINUED) 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this CONTRACTOR complies fully with the abov requirements. ignature(Blue ink only) (CORPORATE SEAL) Print Name - Title �/2, Date STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this,;',+ day of 2013, by j y for , Personally known to me-.M/ OR has produced Identification type of identification produced (41P,fn (iQ NOTARY P BLIC My Commission Expires: •• SANDRA I.EE KAUFMAN X ARY COk1MMSjoX#EE120= 'IrxPlREs August S0.2015 RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 50 of 76 Drainage & Vac Services, Inc. , 3 January 1, 2014 Annual reminder of drug-free work place policies. , Drug-Free Workplace Policy Purpose and Goal A &A Drainage &Vac Services, Inc. is committed to protecting the safety, health and well being of all employees and other individuals in our workplace. We recognize that alcohol abuse and drug use pose a significant threat to our goals. We have established a drug-free workplace program that balances our respect for individuals with the need to maintain an alcohol and drug-free environment. • This organization encourages employees to voluntarily seek help with drug and alcohol problems. , Covered Workers Any individual who conducts business for the organization, is applying for a position or is conducting business on the organization's property is covered by our drug-free workplace policy. Our policy includes, but is not limited to supervisors, full-time employees, part-time employees, off site employees, volunteers, interns and applicants. Applicability Our drug-free workplace policy is intended to apply whenever anyone is representing or conducting business forthe organization. Therefore, this policy applies during all working hours, whenever conducting business or representing the organization, while on call, paid standby, while on organization property and at company-sponsored events. 13846 NW 14 Street • Pembroke Pines, FL 33028 Phone: (954) 680-0294 • Fox: (954) 602-1160 ' WWW.o-o.co •jim@o-a.co CBC1259174 9 CFC1428700 t µ/r : r. A A Drainage & Vac .......... .......... Services, Inc. Prohibited Behavior It is a violation of our drug-free workplace policy to use, possess, sell, } trade, and/or offer for sale alcohol, illegal drugs or intoxicants. Notification of Convictions Any employee who is convicted of a criminal drug violation in the workplace must notify the organization in writing within five calendar days of the conviction. The organization will take appropriate action within 30 days of notification. Federal contracting agencies will be notified when appropriate. Searches Entering the organization's property constitutes consent to searches and inspections. If an individual is suspected of violating the drug-free workplace policy, he or she may be asked to submit to a search or inspection at any time. Searches can be conducted of pockets and clothing, wallets, purses, briefcases and lunchboxes and vehicles and equipment. Drug Testing All testing will be conducted at the offices of A&A Drainage &Vac Services, Inc. or other facility as directed by the owner. Employees who test positive will have an opportunity to provide a legitimate medical explanation, such as a physician's prescription, for the positive result; and a documented chain of custody. All drug-testing information will be maintained in separate confidential records. Each employee, as a condition of employment, will be required to participate in pre-employment, random, post-accident, reasonable suspicion and return-to-duty testing upon selection or request of management. f The substances that will be tested for are: Amphetamines, Cannabinoids 13846 NW 14 Street • Pembroke Pines,FL 33028 Phone: (954) 680-0294 •fax: (954) 602-1160 WWW.a-a.co o jim@a-a.co A A Drainage & Vac i r Services, Inc. i i (THQ, Cocaine, Opiates, Phencyclidine (PCP), Alcohol, Barbiturates, Benzodiazepines, Methaqualone, Methadone, and OXY. Testing for the presence of alcohol will be conducted by analysis of breath. Testing for the presence of the metabolites of drugs will be conducted by ' the analysis of urine. i Any employee who tests positive will be immediately removed from duty, referred to a substance abuse professional for assessment and recommendations, required to pass a Return-to-Duty test and sign a Return-to-Work Agreement, subject to ongoing, unannounced, follow-up } testing for a period of five years and terminated immediately if he/she tests positive a second time or violates the Return-to-Work Agreement. } An employee will be subject to the same consequences of a positive test if he/she refuses the screening or the test, adulterates or dilutes the specimen, substitutes the specimen with that from another person or sends an imposter, will not sign the required forms or refuses to cooperate in the testing process in such a way that prevents completion of the test. Consequences One of the goals of our drug-free workplace program is to encourage employees to voluntarily seek help with alcohol and/or drug problems. If, however, an individual violates the policy, the consequences are serious. In the case of applicants, if he or she violates the drug-free workplace } policy, the offer of employment can be withdrawn. The applicant may not reapply. If an employee violates the policy, he or she will be subject to progressive disciplinary action and may be required to enter ' rehabilitation. An employee required to enter rehabilitation who fails to ' successfully complete it and/or repeatedly violates the policy will be ' terminated from employment. Nothing in this policy prohibits the employee from being disciplined or discharged for other violations and/or ' performance problems. ; 13846 NW 14 Street• Pembroke Pines, FL 33028 Phone: (954) 680-0294 • Fax: (954) 602-1160 wta W.n-a.co •jim@o-o.co CBC1259174 • CFC1428700 A & ADrn a & Vac Services, Inc. t Return-to-Work Agreements Following a violation of the drug-free workplace policy, an employee may be offered an opportunity to participate in rehabilitation. In such cases, the employee must sign and abide by the terms set forth in a Return-to- Work Agreement as a condition of continued employment. Assistance A & A Drainage &Vac Services, Inc. recognizes that alcohol and drug abuse and addiction are treatable illnesses. We also realize that early intervention and support improve the success of rehabilitation. To support our employees, our drug-free workplace policy: • Encourages employees to seek help if they are concerned that they or their family members may have a drug and/or alcohol problem. Encourages employees to utilize the services of qualified professionals in the ' community to assess the seriousness of suspected drug or alcohol s problems and identify appropriate sources of help. Treatment for alcoholism and/or other drug use disorders may be covered by the employee benefit plan. However, the ultimate financial responsibility for recommended treatment belongs to the employee. Confidentiality All information received by the organization through the drug-free workplace program is confidential communication. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies. Shared Responsibility A safe and productive drug-free workplace is achieved through ' cooperation and shared responsibility. Both employees and management have important roles to play. All employees are required to not report to work or be subject to duty while their ability to perform job duties is impaired due to on- or off-duty use of alcohol or other drugs. 13846 NUJ 14 Street . Pembroke Pines, FL 33028 Phone: (954) 680-0294 • Fox: (954) 602-1160 www.o-a.co •jim@Q-a.co CBC1259174 • GFC1428700 i R R Drainage Vac ............ i e . Services, Inc. i 3 i In addition, employees are encouraged to: • Be concerned about working in a safe environment. • Support fellow workers in seeking help. • Report dangerous behavior to their supervisor. It is the supervisor's responsibility to: • Inform employees of the drug-free workplace policy. • Observe employee performance. • Investigate reports of dangerous practices. i • Document negative changes and problems in performance. • Counsel employees as to expected performance improvement. • Clearly state consequences of policy violations. Communication Communicating our drug-free workplace policy to both supervisors and employees is critical to our success. To ensure all employees are aware , of their role in supporting our drug-free workplace program: • All employees will receive a written copy of the policy. • The policy will be reviewed in orientation sessions with new employees. y • The policy and assistance programs will be reviewed at safety meetings. All employees will receive an update of the policy annually with their paychecks. • Every supervisor will receive training to help him/her recognize and manage employees with alcohol and other drug problems. 13846 NW 14 Street • Pembroke Pines, FL 33028 Phone: (954) 680-0294 • Fox: (954) 602-1160 WWW.a-a.Co •)im@a-a.co CBC1259174 • CFC1428700 FORM 8 ACKNOWLEDGMENT OF ADDENDA The CONTRACTOR hereby acknowledges the receipt of the following addenda issued by the CITY and incorporated into and made part of this RFP. In the event the CONTRACTOR falls to include any such addenda in the table below, submission of this form shall constitute acknowledgment of receipt of all addenda, whether or not received by him/her. , ADDENDUM DATE PRINT NAME TITLE SIGNATURE NUMBER RECEIVED (BLUE INK ONLY) 1/1,3 ,� 5 Sc rc.,r-r ^ . ter [THIS SPACE INTENTIONALLY LEFT BLANK] I 3 k , k E t RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Pape 51 of 76 ass � Fax Cover Sheet Jim Scrima—954-602-1160 To: Louis Montanyaz-W3-635-6867 From: Kad Thompson, P.E. Eddy Barba—305-637-9659 Jose Awaner—305-696-7903 Director of Public Works Margaret Lary--954-975-9718 Lenny Jaglarski-954-975-9718 Laureen Busacca—813-983 2821 James Spinks—305477 7590 Joaquin Marino— 305-637-9659 Jose Alvarez—305-696-7903 Fax: Numbers above Pages: 5 Phone: Date: 12/11/13 City of Weston Maintenance of Rm Stormwater and Sanitary Sewer Facilities CC: ❑Urgent 0 For Review ❑please Comment ❑Please Reply ❑Please Recycle •Comments: See attached Addendum 2599 South Post Road a Weston, FL. 33327 o Tel. (954) 385-2600 v Fax. (954) 385-2610 ADDENDUM #1 (ISSUED DECEMBER 11r 2013) TO RFP NO. 2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES To All Proposers: Proposers for the above referenced RFP shall take note of the following changes, additions, deletions, clarifications, etc. to the RFP documents, which in accordance with the RFP contract documents shall become a part of and have precedence over anything shown or described otherwise. A mandatory pre-proposal conference was held on December 10, 2013,at 2:00 p.m., local time, at the Weston Community Center, located at 20200 Saddle Club Road,Weston, Florida 33327. All Proposers planning to submit a Proposal were required to attend this meeting. Failure of a Proposer to be present for the entire mandatory pre-proposal meeting, beginning at the time stated above and concluding at the dismissal of the mandatory pre-proposal meeting by the CITY, shall render a Proposer to be deemed non-responsive and the Proposal shall not be considered for award. A summary of the meeting is outlined below: 1. The meeting started at 2:04 p.m.and Proposers were notified to document their attendance by completing the sign-in sheet. Only those who attended the mandatory pre-proposal conference will be allowed to submit. (Sheet Attached). 2. Karl Thompson, Director of Public Works, outlined the purpose of the meeting, main paragraphs in the Notice to Proposers, general description and proposed work. 3. Proposers were advised that the deadline date to submit qualifications is December 30, 2013, at 11:00 a.m. at Weston City Hall, 17200 Royal Palm Boulevard, Weston Florida 33326. 4. All questions must be sent in writing to Karl Kennedy by 4:00 p.m., local time on December 23, 2013. 5. Karl Thompson reminded the attendees that Addendum#1 will be issued in 3 to 5 days of this meeting. 6. Meeting adjourned at 2:12 p.m. 7. The questions asked and answers provided are stated below: A. Is there an engineer's estimate? There is no engineer's estimate. B. Page 16 of the project documents is asking for Asbestos Liability. Please clarify. RFQ 2013-18,Addendum 91, 12/11/13 -Page 1 of 2 Please read Section F on page 15. "if work being performed involves hazardous materials, the need to procure and maintain any or all of the following coverage will be specifically addressed upon review of exposure. However, if hazardous materials are identified while carrying out this Agreement,the CITY shall be notified immediately,and no further work shall be performed in the area of the hazardous material until the CONTRACTOR provides the following coverage(s)as determined solely by the CITY." C. How old is the City's sewer system? First systems were built in 1988. D. What is the term of the contracts' Initial term of 3 years with two options for renewal. E. Why are there 10 names on the sign-in sheet but only seven persons/companies presents! The following was discovered. 0)There were two representatives present from Shenandoah Construction;this is acceptable. (ii)James Spinks representing Marlin Engineering indicated that he signed in for Marlin Engineering as well as signing in for a "Lucia Soria of Ram Tech Construction". Mr. Spinks cannot sign in for another person whom was not present. Therefore, Ram Tech did not have a valid representative at this mandatory pre-bid meeting. CHANGES IN THE CONTRACT DOCUMENTS A. On page 5 of 76, the sixth paragraph has been corrected and shall now read as follows: Any questions concerning this Notice to Bidders shall be in writing, directed to Karl Kennedy, Calvin, Giordano & Associates, Inc. at kkennedygcgasolutions.com or fax: 954- 921-8807 by 4.00 p.m., local time on December 23, 2013. B. On page 27 of 76, Section 4.4 Selection Committee has been corrected and shall now read as follows: Proposals submitted will be evaluated by a three (3) member Selection Committee ("Selection Committee") consisting of Karl C. Thompson, Director of Public Works; Rich + Ropke, Utilities Supervisor; and David Dove, Drainage Supervisor; who will review submissions and provide a recommendation to the City Commission. C. On page 12, Paragraph M has been revised to add the following section MA: 4. Failure, by the CONTRACTOR, to comply with the operational provisions of stated response time shall result in liquidated damages due to the CITY as follows: (A) Failure to respond to the site within 30 minutes of being notified by the CITY shall result in liquidated damages due to the CITY in the amount of Five Hundred Dollars ($500.00). (B) Failure to answer 2417 emergency telephone line after 3 attempts by CITY(for the same emergency incident)shall result in liquidated damages due to the CITY in the amount of Two Hundred Fifty Dollars($250.00). i t Attachment: Sign In Sheet END OF ADDENDUM RFQ 2013-18,Addendum#1, 12/11/13 -Page 2 of 2 SIGN IN SHEET Tuesday, December 10, 2013 REQUEST FOR PROPOSALS MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES RFP NO.2013-18 Bidder/Co. Name Address Contact Phone/Fax ENTAIL l Person —. 9! 1(1. '' .�iae:,.lry'�D�t1w2.>«S �ijlfit7-e:A+� j 3 i 3 kif, Atom, IY1ML\-i .G 7 �r 'tr S �d5{'+N►Gc�l�a�r..,J � ��c�� � �^- �, ;5'�•r:� '; Soy t+�L iFL E t 8 4 L i ,n.� .mrrrranA.v -.�.-r�z +w..n ...._.. ml� xv.o,r...:v.w• vuv.�-.,. Project Name REQUEST FOR PROPOSALS MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES City Bid No. 2013-18 SIGN IN SHEET Tuesday,December 10,2013 Bidder/Co. Name Address Contact Person Phone# & Fax tMa7 A• �,� .i bb0D zAN-fvnwlrA) flsQ �V�9�►�'` �0�f� , z 3 ��]�' 7 50.. .,..� �G A+'ti��1^t �s,.�7'lt,.t+"4�t w�.w•, Fc.. '3"!�9.'r l,.!c.« Sr.+y A- t ( .p �1 3 t ' ._. _....................... .....®.. 9 ".-..tea - ,....,.,,...._.`... 8 s F ADDENDUM #2 (ISSUED DECEMBER 27, 2013) TO RFP NO. 2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES To All Proposers: Proposers for the above-referenced RFP shall take note of the following changes, additions, deletions, clarifications, etc to the RFP documents, which in accordance with the RFP contract documents shall become a part of and have precedence over anything shown or described otherwise. The attached correspondence was submitted via email by Shenandoah Construction., the City provides the following response (in bold): 1) Item 1: No description of what is required of this task. I.E.Video inspection, Format of inspection report. On page 45 of the RFP document it states"The CONTRACTOR offers the following for providing all labor, materials, equipment, travel, NPDES requirements ...". NPDES inspection includes the following tasks: a. Structures are inspected annually. Level of debris in each structure is recorded. The structures meeting the threshold for subsequent cleaning are scheduled for cleaning. b. Inspect all catch basin grates to ensure decals or signage depicting"No dumping, drains to lakes"are in place and visible. c. Inspect and remove debris,weeds on and around catch basins and other stormwater structures. 2) Item 2:This item is too vague and lacks description. I.E. pipe size?, length of pipe?, Dry or wet system? For a general maintenance contract,experienced CONTRACTORS should be aware that pipe sizes and length vary,therefore must consider a range when pricing. Item 5 covers pipe size over 36". On Page 4 under EXPERIENCE it states, "Proposers must have a minimum of five years experience in providing vacuum cleaning and jetting services for stormwater AND sanitary sewer for a government agency/utility within Broward, Miami-Dade or Palm Beach counties,of similar size and scope as the City of Weston."Therefore, CONTRACTOR should be familiar with the typical conditions in South Florida. RFQ 2013-17,Addendum#2, 12/27/13 -Page 1 of 2 3) Item 3: Pipe size range (6" -36") to broad to price accurately. No pipe length provided. For a general maintenance contract such as this,experienced CONTRACTORS should be aware of typical spacing sanitary sewer manholes. 4) Item 4: Pipe size range (6"- 36")to broad to price accurately. No pipe length provided. For a general maintenance contract,experienced CONTRACTORS are aware of that distances of terminal manholes to lift station wet well vary within the typical norms and shall price accordingly. 5) Item 5: Pipe size range(36">)to broad to price accurately. f This is typical of other governmental RFPs and bids. 6) Emergency call out of on site in 30 min.This is not a reasonable amount of time to be on- site, 1 '/z to 2 Hr. is the norm, unless you're the fire department. The RFP states "The CITYis requesting Sealed Proposals from qualified and experienced CONTRACTOR(s), to provide continuing services for vacuum cleaning1j'etting and inspection of, and emergency response fo,....". The response time is for emergencies and remains unchanged and CONTRACTOR shall submit prices in accordance with the RFP requirements. Attachment: Email from d.dimura@shenandoaliconstruction.com END OF ADDENDUM t i RFQ 2013-17,Addendum#2, 12/27/13 -Page 2 of 2 From, Kari Kennedy To: Karl C.ThommonR_P_.E. Subject: Fwd:Weston RFP No.2013-18 Date: Tuesday,December 24,2013 10:52:09 AM FYI Sent from my Verizon Wireless 4G LTE DROID -------- Original Message -------- Subject: Weston RFP No.2013-18 From: Dan Dimura <d.dimura@shenandoahconstrucdon.com> To: Karl Kennedy <KKennedy@cgasolutions.com> CC: Margaret Lary <margaret.lary@shenandoahconstrucUon.com> Karl, We will not be able to provide a proposal due to the following reasons: Overall there are no specifications or descriptions to any of the bid items.This subjects the bidder to speculation, assumption, and guessing. 1) Item 1: No description of what is required of this task. I.E. Video inspection, Format of inspection report. 2) Item 2: This item is too vague and lacks description. I.E. pipe size?, length of pipe?, Dry or wet system? 3) Item 3: Pipe size range(6"— 36'1 to broad to price accurately. No pipe length provided. 4) Item 4: Pipe size range(6"— 36`) to broad to price accurately. No pipe length provided. 5) Item 5: Pipe size range(36">)to broad to price accurately. 6) Emergency call out of on site in 30 min. This is not a reasonable amount of time to be on-site, 1 1/2 to 2 Hr. is the norm, unless you're the fire department. Respectively, Danny DiMura VP [Letterhead] 1888 NW 22nd Street Pompano Beach, FL 33069 954-975-0098 shenandoahconstruction.com [hht RilsWtic.avast.com/amallsjayast-mail-gamn.nna] <hU:lLWM,avast.com/> This email is free from viruses and malware because avast! Antivirus<httl2:/lwww.avast,com/> protection is active. This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution,or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format.Thank you. 3 3 f 3 i 1 } } I t i FORM 9 a INDEPENDENCE AFFIDAVIT The undersigned individual, being duly swom, deposes and says that: 1. He/She is of As' A02R; zLJaz 0�e- the CONTRACTOR that has submitted the attached Proposal, t 2. a. Below is a list and description of any relationships, professional, financial or otherwise that CONTRACTOR may have with the CITY, its elected or appointed officials, its employees or agents or any of its agencies or component units for the past five (5) years. b. Additionally, the CONTRACTOR agrees and understands that Proposer shall give the CITY written notice of any other relationships professional, financial or Otherwise that CONTRACTOR enters into with the CITY, its elected or appointed officials, its employees or agents or any of its agencies or component units during the period of this Agreement. (if paragraph 2(a) above does not apply, please indicate by stating, "not applicable" in the space below.) [THIS SPACE INTENTIONALLY LEFT BLANK] f t RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 52 of 76 FORM 9 INDEPENDENCE AFFIDAVIT (CONTINUED) 3. 1 have attached an additional page to this form explaining why such relationships do not constitute a conflict of interest relative to performing the services sought in the RFP. ignature (Blue ink only) (CORPORATE SEAL) Print Name Tit e ✓� 3 /3 Date STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this 'Op day of�l�d , 2013, by as for , Personally known tome V OR i has produced Identification type of identification produced d� NOTARY UBLIC My Commission Expires: SANDRA LEE KAUFMAN '~ r_ MY t,OMMtjsmN#eei2062'L EXPUMS Augast 10,2015 oom RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 53 of 76 FORM 10 CERTIFICATION TO ACCURACY OF PROPOSAL CONTRACTOR, by executing this Form, hereby certifies and attests that all Forms, Affidavits and documents related thereto that it has enclosed in the Proposal in support of its Proposal are true and accurate. Failure by the CONTRACTOR to attest to the truth and accuracy of such Forms, Affidavits ' and documents shall result in the Proposal being deemed non-responsive and such Proposal will not be considered. The undersigned individual, being duly sworn, deposes and says that: r 1. He/She is J� of A, 1v'A-%5r.- Ft)A -4%. the CONTRACTOR that has submitted the attached Proposal; 2. He/She is fully informed respecting the preparation and contents of the attached Proposal and of all Forms, Affidavits and documents submitted in support of such Proposal; 3. All Forms, Affidavits and documents submitted in support of this Proposal and included in this { Proposal are true and accurate; 4. No information that should have been included in such Forms, Affidavits and documents has been omitted; and 1 [THIS SPACE INTENTIONALLY LEFT BLANK] r 3 t RFP No.2013-18 MAINTENANCE OF STORMwATER AND SANITARY SEWER FACILITIES Page 54 of 76 FORM 10 CERTIFICATION TO ACCURACY OF PROPOSAL (CONTINUED) 5. No information that is included in such Forms, Affidavits or documents is false or misleading. ignature (Blue ink only) (CORPORATE SEAL) Print Name Title Date STATE OF FLORIDA ) ) t COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of,��d� , 2013, by fir, ,/ as 4iu2�� for Personally known tome 'Vf OR has produced Identification type of identification produced f NO ARPBL My Commission Expires: $aNro LEE KAUFMAN MYCOMMMSION#EE120622 F-XPfREs A AVW 10,2015 RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 35 or 76 CHAPTER 4 — RATE AND FEE SCHEDULE (EXHIBIT "C") Request for Proposals No. 2013-18 for Maintenance of Stormwater and Sanitary Sewer Facilities Published on: November 30, 2013 FORM 5 PRICING and EQUIPMENT The CONTRACTOR offers the following for providing all labor, materials, equipment, travel, NPDES requirements, safety and as outlined in the contract documents to perform Maintenance of Stormwater and Sanitary Sewer Facilities in accordance with the scope of work._Quantity listed is an estimated annual quantity. Table 5-1 - Pricing Item UOM Description of Item Quantity Price No. 1 Inspection of stormwater catch basins, inlets, weirs, Each 850 and manholes, unit price per structure, ,L 2 Cleaning of stormwater catch basins, inlets, and manholes and associated pipe to downstream Each 850 ' structure, unit price per structure, 3 Cleaning of sanitary sewer manhole and associated Each 1600 I , �b pipe to downstream structure (6"—361 price each, 4 Cleaning of sanitary sewer manhole and associated Each 35 pipe to lift Station (6" —36') price each, 5 Cleaning of Pipe (over 36" nominal diameter), price L.F. 1000 per linear foot, '` 6 Cleaning of Lift Stations, price per lift station Each 35 �l6Y 7 Vacuum Truck service,with two operators, H r. 500 Price per hour(M-F, 7am to 5pm) f 8 Vacuum Truck service, with two operators, H r. 100 �✓ Price per hour(all other hours) 9 Closed Circuit Televising of Pipe (CCTV) 6" to 36", L.F. 2000 price per linear foot, 10 Purchase and installation of catch basin -rates, % over manhole lids, expressed as a percentage over list 10 ' manufacturer price, price RFP No.2013-15 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 45 of 76 FORM 5 Continued The CONTRACTOR shall list the equipment to be used on this project and demonstrate that this equipment is owned or leased (Attach supporting documents). Table 5-2- Equipment Item Description of Equipment Owned/Leased No. (Type of Equipment, Chassis Manufacturer/Body Manufacturer/Year) (circle one) Owned/Leased �.���' � , Owned/Leased Owned/Leased s _ `J Owned/Leased j Owned/Leased RFP No.2013-18 MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES Page 46 of 76 CHAPTER 5 — CERTIFICATE(S) OF INSURANCE Request for Proposals No. 2013-18 for Maintenance of Stormwater and Sanitary Sewer Facilities Published on: November 30, 2013 A4C" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/r"Y) 11/15/2013 ( THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED,the polley(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements. PRODUCER UDNT NAMPCT Gateway Insurance PHONE FAX 12430 W.Oakland Park Blvd. A1C N° Fort Lauderdale FL 33311 ADDRRE INSURER[Sl AFFORDING COVERAGE NAIL# INSURER A INSURED AANDA06 INSURER B:United 9pecialty (A&A Drainage&Vac Services INSURERC: )Inc./Attn:James Scrima INSURER o [13846 N.W. 14 Street 'Pembroke Pines FL 33028 INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER:194025600 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ( INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTA TYPE OF INSURANCE A DL UBR POLICY EFF POLICY EXP IN SR WVD POLICY NUMBER IAM M D LIMITS EB GENERAL LIABILITY Y Y USA4G29918 1/13/2013 1111312014 EACH OCCURRENCE $2 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence) $100,000 CLAIMS4VIADE a OCCUR MED EXP(Any one person) $5 000 Y PERSONAL&AOV INJURY $2,000 000 GENERAL AGGREGATE $3000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $3 000 000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY e accident ANY AUTO BODILY INJURY(Per person) $ ALL f OWNED AUTOS AUTO SCHEDULED BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERLY DAMAGE $ dent $ UMBRELLA LUIB H OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ A WORKERS COMPENSATION 10639761 U112013 /1/2014 X _MA OTH• AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOWPARTNER/EXECUTIVE OFFICER/MEMBEREXCLUC a N/A E.L EACH ACCIDENT $1,000,000 (Mandatory InNH) E.L.DISEASE-EA EMPLOYEE $1 000,000 If yye�ss,,describe udder DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 000 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(AUaeh ACORD 101,Additional Remarks Schedule,It mote apace Is required) Certificate Holder is listed as Additional Insured per form CG2033 when required by written contract.Blanket Waiver of Subrogation Applies per form E919 to the General Liabilty when required by written contract.Blanket Priamry and Non Contributory form on the policy when required by written contract. City of Weston,Calvin Giordano&Associates, Inc.,Munipal Technologies,Weiss Serota Helfman Pastoriza Cole and Boniske,PL are listed as Additional Insured with respects to General Liability as required by written contract only. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Weston ACCORDANCE WITH THE POLICY PROVISIONS. 20200 Saddle Club Road Weston FL 33324 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ea} 99RE111YE" PALHEGYI RAYMOND E 1003 SHOTGUN RD SUNRISE,FL 33326 1.954-577-5408 Policy number: 03378709-7 Underwritten by: PROGRESSIVE EXPRESS INS COMPANY May 28,2013 Pagel of 1 Certificate of Insurance Certificate Holder Insured Agent ....................................................................................................................................................................................... A&A DRAINAGE AND VAC A&A DRA{NAGS AND VAC PALHEGYI RAYMOND E 13846 NW 14TH STREET 13846 NW 14TH STREET 1003 SHOTGUN RD PEMBROKE PINES,FL 33028 PEMBROKE PINES,FL 33028 SUNRISE,FL 33326 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s)indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change,alter,modify,or extend the coverages afforded by the policies fisted below. The coverages afforded by the policies listed below are subject to all the terms,exclusions,limitations,endorsements,and conditions of these policies. Effective Da#e: Feb 1,2013 Policy Explration Date: feb 1,2014 Insurance coverage(s) Limits BODILY iNJURYlPROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT ........ __ i.....:.......... . .CSLNQN-STACKED........ .. .. .... ................................................................ UNINSURED MOTORIST $1 000 000 PERSONAL INJURY PROTECTION......... .. ................$10,000 W/$0 DED-NANIER INSURED ONLY EMPLOYERS NON-OWNED AUTO BIPD $1,000,000 COMBINED SINGLE LIMIT HIRED AUTO 8OD1LY 1NJ6RYJPR6PERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT Description of LocationNehicles/Special Items Scheduled autos only 2001 STRG LT0 2F7JiATAK91AF86274 Stated Amount $65,000 MEDICAL PAYMENTS $5,000 FIRE AND THEFT W/CAC $500 DED COLLISION $500 DED Certificate number 14813NET709 Please be advised that certificate holders will be notified in the event of a mid-term cancellation. Form 5241(1Q 2) AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND A & A DRAINAGE & VAC SERVICES, INC., A FLORIDA CORPORATION (UNDER A CITY OF WESTON CONTRACT, PROPOSAL NO. 2013-18, PRESENTLY EXISTING BETWEEN THE CONTRACTOR AND THAT CITY), TO PROVIDE MAINTENANCE OF STORMWATER AND SANITARY SEWER FACILITIES IN THE CITY OF DANIA BEACH, FLORIDA. This is an Agreement (the "Agreement") between the City of Dania Beach, Florida, a Florida municipal corporation ("City") and A & A Drainage & Vac Services, Inc., a Florida corporation ("Contractor"), with an address of 19606 Southwest 69 Place, Pembroke Pines, Florida 33028. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. The agreement existing between the Contractor and the City of Weston and any amendment(s) to it, under an award by the City of Weston of a project (the agreement and related Proposal No. 2013-18, a copy of which is attached as Exhibit "A", and made a part of and is incorporated into this Agreement by this reference), shall be considered as part of this Agreement between the City of Dania Beach, Florida, and the Contractor; provided, however, that if Contractor contracts with any other governmental agency in the South Florida area and service rates are lower than those afforded to the City of Weston, or any city for these same services, then Contractor shall provide such lower service rates to the City of Dania Beach, Florida. 2. The work to be performed for the City consists of inspection and cleaning of catch basins, inlets, weirs, manholes and associated pipes leading to downstream structures. Services also included are installation of catch basin grates and manhole lids as well as possible cleaning of lift stations at City's request. 3. City agrees to pay the Contractor a not to exceed amount of Fifty Thousand Dollars ($50,000.00) for the services for the City's fiscal year beginning October 1, 2016 and ending March 31, 2017. Payment shall be made on a monthly invoicing basis. 4. The City of Weston agreement is set to expire March 31, 2017. If it is not renewed between .the parties then this Agreement shall expire on that date. However, if it is renewed or extended without any substantial differences in pricing, terms and conditions, then this Agreement shall continue and shall expire on September 30, 2017 (if the Weston agreement is renewed or extended up to a time period that includes that date). 5. That in all other respects, the terms of the Weston agreement applies to this Agreement. IN WITNESS of the foregoing, the parties have executed this Agreement on 52016. CITY: CITY OF DANIA BEACH,FLORIDA, ATTEST: a Florida municipal corporation LOUISE STILSON, CMC ROBERT BALDWIN CITY CLERK CITY MANAGER DATED: , 2016 APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 2 WITNESSES: CONTRACTOR: A& A DRAINAGE & VAC SERVICES, INC., a Florida corporation Signature Signature PRINT Name PRINT Name Signature Title Dated: 32016 PRINT Name STATE OF FLORIDA) COUNTY OF ) The foregoing instrument was acknowledged before me on 2016, by , as of A & A Drainage & Vac Services, Inc., a Florida corporation, on behalf of the company. He/she is personally known to me or has produced as identification. My Commission Expires: Notary Public, State of Florida Print Name 3