HomeMy WebLinkAboutR-2017-133 Ratifies a Contract for Debris Monitoring Services Provided by Rostan Solutions, LLC, Dated May 17, 2017, Entered Into Under Emergency Conditions As a Result of Hurricane Irma RESOLUTION NO. 2017-133
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RATIFYING A CONTRACT FOR DEBRIS
MONITORING SERVICES PROVIDED BY ROSTAN SOLUTIONS, LLC,
UTILIZING PRICING UNDER CITY OF CORAL SPRINGS RFP #13-B-097
DATED MAY 17, 2017, ENTERED INTO UNDER EMERGENCY
CONDITIONS ON BEHALF OF THE CITY OF DANIA BEACH BY THE
CITY MANAGER AS A RESULT OF HURRICANE IRMA AND
AUTHORIZING AND RATYIFYING FUNDS THAT EXCEED AN ANNUAL
VENDOR THRESHOLD OF TWENTY FIVE THOUSAND DOLLARS
($25,000.00); FOR FISCAL YEARS 2016-2017 AND 2017-2018; 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
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 at$25,000.00 for a vendor each fiscal year; and
WHEREAS, the City of Dania Beach prior to Hurricane Irma did not have an existing
debris monitoring contract in place; and
WHEREAS, the Public Services Department entered into an agreement with Rostan
Solutions, LLC to handle debris monitoring post Hurricane Irma under emergency conditions
during fiscal years 2017 and 2018, which Agreement is dated September 8, 2017 and the
Department is seeking ratification of the Agreement, a copy of which is attached as Exhibit "A";
and
WHEREAS,the Public Services Director determined that debris monitoring services could
best be obtained from Rostan Solutions, LLC utilizing pricing under the City of Coral Springs
Contract attached as Exhibit `B" which was competitively bid by the City under its RFP 13-13-
097; and
WHEREAS, such services are expected to exceed the annual Twenty Five Thousand
Dollars ($25,000.00) City purchase threshold for a single vendor for fiscal years 2016-2017 and
2017-2018, and therefore, City Commission approval is required;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes and ratifies the contract dated
September 8, 2017 and related expenses for debris monitoring services provided by Rostan
Solutions, LLC, utilizing the City of Coral Springs pricing under its RFP #13-13-097 in an amount
exceeding the annual amount of Twenty Five Thousand Dollars ($25,000.00) purchase threshold
for a single vendor for fiscal years 2016-2017 and 2017-2018.
Section 3. Funds are available and appropriated within the City Hurricane Expense
Account No. 001-18-00-519-52-90.
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 become effective and retroactive to September 9,
2017, upon its passage and adoption.
PASSED and ADOPTED on October 24, 2017.
ATTEST:
LOUISE STILSON, C C 1 AMARA JAME
CITY CLERK MAYOR
��itATEa 1
APPROVED S O FORM AND CORRECTNESS:
THOM S J. RO
CITY ATT Y
2 RESOLUTION#2017-133
Community of Excellence
Natkmal
lJ J ity
2007 Award
Recipient
DATE: March 5,2013 RFP NO. 13-B-097
QUEST FOR PROPOSALS
ALL INTERESTED PARTIES:
The City of Coral Springs, Florida, hereinafter referred to as CITY, will receive sealed
Proposals at the office of the Purchasing Administrator, City Hall, 9551 West Sample
Road, Coral Springs, Florida 33065, for furnishing the services described below:
DISASTER DEBRIS MONITORING SERVICE
Sealed Proposals must be received and time stamped in by the Purchasing Administrator,
either by mail or hand delivery, no later than 2:00 p.m. local time on Wednesday, March
27, 2013. A public opening will take place at or before 2:15 p.m. in the City Commission
Chambers located at City Hall on the same date. Any Proposals received after 2:00 p.m.
local time on said date will not be accepted under any circumstances. Any uncertainty
regarding the time a Proposal is received will be resolved against the Offeror.
Proposals are subject to the attached Standard Terms and Conditions contained in the
Instructions to Offerors.
CITY reserves the right to reject any or all Proposals, to waive any informalities or
irregularities in any Proposals received, to re-advertise for Proposals, to award in whole
or in part to one or more offeror's, or take any other such actions that may be deemed to
be in the best interests of the CITY.
Leo Bermudez
Purchasing Agent II
CITY OF CORAL SPRINGS,FLORIDA•DEPARTMENT OF FINANCIAL SERVICES
9551 W.Sample Road•Coral Springs, FL 33065•CoralSprings.org
Phone 954-344-1100-Fax 954-344-1186
Page 1 of 4
I. STATEMENT OF THE WORK
A. Objective: The successful proposer will provide the required pre-event, post-
event, and other necessary debris monitoring services as needed by the City as a
result of a hurricane or other disaster, as required.
II. SCOPE OF SERVICES
See Attachment"A", for scope of services.
III. PROPOSAL REQUIREMENTS
1. Scope of Services Proposed
Clearly describe the scope of services proposed inclusive. Include details of your
approach and work plans. Additional outline any past work history/experience with
Phillips and Jordan, Inc., as they are the current Disaster Recovery Service provider. A
brief statement must be included which explains why your approach and plan would be
the most effective and beneficial to the City of Coral Springs.
2. Firm Qualifications
This section of the Proposal should give a description of the firm, including the size,
range of activities, etc. Particular emphasis should be given as to how the firm-wide
experience and expertise in the area of Disaster Debris Monitoring will be brought to bear
on the proposed work.
This section must also identify the contact person supervisory personnel who will work
on the project. Resumes of each person should be provided with emphasis being given to
their experience with similar work. If resumes are not available at the time the proposal
is submitted, you should provide a listing of the qualifications, including education,
experience, etc., that will be required.
3. References
Provide a list and description of similar projects satisfactorily performed within the past
two (2) years. For each engagement listed, include the name and telephone number of a
representative for whom the engagement was undertaken who can verify satisfactory
performance.
4. Price Proposal
Submit your signed, firm, fixed fee performance-based price proposal for providing all
services, materials, etc., required for completion of services in accordance with your
technical proposal.
Page 2 of 4
#- 01 / \ _`
Solutions LLC Rostan Solutions,LLC
3433 Lithia Pinecrest Road
Suite 287
Valrico,FL 33596
Tel 813 333 7042
Brad Kaine Fax 813 333 7330
1201 Stirling Road www.rostan.com
Dania Beach, FL 33004
Dear Mr. Kaine:
Please allow this letter to serve as Rostan Solutions'(ROSTAN's)commitment
to provide Disaster Debris Monitoring Services to the City of Dania Beach
(Dania Beach) under the same terms and conditions as the City of Coral
Springs (Coral Springs) Agreement for Disaster Debris Monitoring Services,
Date:
as amended. Attached is the competitively bid and fully executed Agreement September 8, 2017
for Disaster Debris Monitoring Services between Arcadis US, Inc. and Coral
Springs, as well as the First Amendment to the Agreement, assigning the Contact:
Agreement to ROSTAN. The initial term of the Coral Springs Agreement was Darius J. Stankunas
four (4) years (expiring June 30, 2017) with the option to extend for one
additional four (4) year term. On May 17, 2017 Coral Springs exercised its Phone:
option to extend the Agreement for the additional four(4) year term, resulting 813-417-0106
in the term being extended through June 30, 2021. This Second Amendment Email:
to the Agreement is also attached. dstankunas@rostan.com
Dania Beach will receive the same level of support and pricing as stated in the
Coral Springs Agreement referenced above. Dania Beach's agreement will be
administered independently of Coral Springs and all issues will be handled
directly between Dania Beach and ROSTAN. Please acknowledge I
I
acceptance of this agreement by signing and returning a copy of this letter for
our files.
I
We appreciate the opportunity to serve Dania Beach. E
4
F
Sincerely,
k
Rostan Solutions LLC Accepted and r
Signature:
Darius J. Stankunas Name/Title: L6AAx>-j1 C`, ",/r
President Date: `� +'9 2-1 1-7
Attachments
5. Proposal Copies
Submission of one (1) original, five (5) copies and one(1)electronic copy (CD or thumb
drive) of the proposal should be submitted to the City of Coral Springs, City Hall, 9551
West Sample Road, Coral Springs, Florida 33065, to the attention of Leonardo
Bermudez, Purchasing Agent II.
6. Addenda,Additional Information—Contact with City Staff
Any addenda or answers to written questions supplied by the City to participating
Offeror's become part of this Request for Proposal and the resulting contract. This
proposal form shall be signed by an authorized company representative, dated and
returned with the proposal.
No negotiations, decisions or actions shall be initiated or executed by the Offeror as a result
of any discussions with any City employee. Only those communications, which are in
writing from the Purchasing Administrator, may be considered as a duly authorized
expression. Also, only communications from Offerors that are signed and in writing will be
recognized by the City as duly authorized expressions on behalf of the Offeror.
IV. EVALUATION OF PROPOSALS
Evaluation Method and Criteria
Proposals will be evaluated in accordance with weighted criteria listed below:
POINT RANGE
Scope of Services Proposed 40
Firm Qualifications 20
References 10
Price 30
These weighted criteria are provided to assist the proposers in the allocation of their time and
efforts during the submission process. The criteria also guides the Evaluation Committee during
the short-listing and final ranking of proposers by establishing a general frame work for those
deliberations.
Short listed proposals will be selected for an interview prior to a recommendation being
presented to the City Commission. As the best interest of the CITY may require, the right is
reserved to reject any and all proposals or waive any minor irregularity or technicality in
proposals received. Proposers are cautioned to make no assumptions unless their proposal has
been evaluated as being responsive.
The successful proposer shall be required to execute a City contract covering the scope of
services to be provided and setting fourth the duties, rights and responsibilities of the parties.
This contract must be executed by the successful proposer prior to recommendation of award and
presentation to the City Commission.
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V. SCHEDULE OF EVENTS
The schedule of events, relative to the procurement shall be as follows:
Event Date(on or by)
1. Issuance of Request for Proposals 3/5/13
2. Opening of Proposals 3/27/13
3. Proposal Evaluations Week of 4/8/13
4. Contract Negotiations Week of 4/15/13
5. Award of Contract 5/8/13
CITY reserves the right to delay scheduled dates.
VI. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS
1. Samples of the following documents (except the Certificate of Insurance), are attached
and shall be executed as a condition to this offer:
(a) Proposal and Offeror's Certification
(b) Certified Resolution
(c) Qualifications Statement
(d) Non-Collusive Affidavit
(e) Offeror's Foreign (Non-Florida) Corporate Statement
(f) References
(g) Certificate(s) of Insurance
VII. AWARD OF CONTRACT
The contract or contracts shall be awarded to the responsible Offeror(s) whose
Proposal(s) is/are determined to be the most advantageous to CITY, taking into
consideration the evaluation factors and criteria set forth in the Request for Proposals.
Be advised that the CITY is prepared to award individual contracts for each service or
multiple services or any other combination of services as CITY deems in its best
interests.
VIII. INSURANCE
PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW
ANY INSURANCE COVERAGES AND CONDITIONS PRIOR TO SUBMITTING
YOUR PROPOSAL TO ENSURE COMPLIANCE WITH THE INSURANCE
REQUIREMENTS OF THE INSTRUCTIONS TO OFFERORS.
Page 4 of 4
RFP NO. 13-B-097
DISASTER DEBRIS MONITORING SERVICE
INSTRUCTIONS TO OFFERORS
STANDARD TERMS AND CONDITIONS
l. DEFINED TERMS
1.1 Terms used in these Instructions to Offerors are defined and have the meaning
assigned to them. The term"Offeror"means one who submits a Proposal directly to
CITY as distinct from a Sub-Offeror, who submits a Proposal to the Offeror. The
term"Successful Offeror"means the qualified,responsible and responsive Offeror to
whom CITY (on the basis of CITY'S evaluation as hereinafter provided)makes an
award. The term"CITY"refers to the City of Coral Springs,a municipal corporation
of the State of Florida. The term "Proposal Documents" includes the Request for
Proposals, Instructions to Offerors, Proposal, Qualifications Statement, Non-
Collusive Affidavit,Corporate Resolution or Letter of Transmittal,Proposal Security
and Specifications,if any,and the proposed Contract Documents,if any, (including
all Addenda issued prior to receipt of Proposals). The term"CONTRACTOR"shall
mean the individual(s)or firm(s)to whom the award is made and who executes the
Contract Documents.
2. SPECIAL CONDITIONS
2.1 Any and all Special Conditions that may vary from the General Conditions shall have
precedence.
3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE
3.1 Before submitting a Proposal,each Offeror must(a)consider federal,state and local
laws, ordinances, rules and regulations that may in any manner affect cost, or
performance of the work,(b)study and carefully correlate the Offeror's observations
with the Proposal Documents, and (c) notify the Purchasing Administrator of all
conflicts,errors and discrepancies,if any, in the Proposal Documents.
3.2 The Offeror, by and through the submission of a Proposal, agrees that he shall be
held responsible for having familiarized himself with the nature and extent of the
work and any local conditions that may affect the work to be done and the equipment,
materials,parts and labor required.
4. SPECIFICATIONS
4.1 The apparent silence of the Specifications as to any detail,or the apparent omission
from it of a detailed description concerning any point, shall be regarded as meaning
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that only the best commercial practice is to prevail and that only material and
workmanship of the finest quality are to be used. All interpretations of the
Specifications shall be made on the basis of this statement.
4.2 For the purpose of evaluation,the Offeror must indicate any variance or exceptions to
the stated Specifications, no matter how slight. Deviations should be explained in
detail. Absence of variations and/or corrections will be interpreted to mean that the
Offeror meets all the Specifications in every respect.
5. INTERPRETATIONS AND ADDENDA
5.1 If the Offeror should be in doubt as to the meaning of any of the Proposal
Documents,is of the opinion that the Conditions and Specifications contain errors or
contradictions or reflect omissions,or has any question concerning the conditions and
specifications, he shall submit a written request directed to the Purchasing
Administrator for interpretation or clarification. Such request must reference the date
of Proposal opening and Proposal number and should be received by the Purchasing
Administrator at least seven(7)calendar days before the date of the formal opening
of the Proposals. Questions received less than seven (7) calendar days prior to the
Proposal opening shall not be answered. Interpretations or clarifications in response
to such questions will be issued in the form of written addenda and shall be mailed to
all parries recorded by CITY'S Purchasing Administrator as having received the
Proposal Documents. The issuance of a written addendum shall be the only official
method whereby such an interpretation or clarification will be made.
6. PRICES PROPOSED
6.1 Prices shall be shown for all job descriptions (example: Field Inspector, clerical).
Include any other additional costs such as: operating expenses,per diem expenses,
etc., if applicable.
7. NON-COLLUSIVE AFFIDAVIT
7.1 Each Offeror shall complete the Non-Collusive Affidavit Form and shall submit the
form with the Proposal. CITY considers the failure of the Offeror to submit this
document to be a major irregularity and may be cause for rejection of the Proposal.
8. PUBLIC ENTITY CRIMES INFORMATION STATEMENT
8.1 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a proposal on a contract to provide
any goods or services to a public entity,may not submit a proposal on a contract with
a public entity for the construction or repair of a public building or public work,may
not submit proposals on leases of real property to public entity,may not be awarded
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or perform work as a contractor, supplier, subcontractor or consultant under a
contract with any public entity,and may not transact business with any public entity
in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
9. CONFLICT OF INTEREST
9.1 The award of any contract hereunder is subject to the provisions of Chapter 112,
Florida Statutes. Offerors must disclose with their Proposal the name of any officer,
director,partner,proprietor,associate or agent who is also an officer or employee of
CITY or any of its agencies. Further, all Offerors must disclose the name of any
officer or employee of CITY who owns, directly or indirectly, an interest of five
percent (5%) or more in the Offerofs firm or any of its branches or affiliate
companies.
10. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS
10.1 The following is a summary of documents, which are to be submitted by the
Offerors:
(a) Proposal and Offeror's Certification
(b) Certified Resolution
(c) Qualifications Statement
(d) Non-Collusive Affidavit
(e) Offeror's Foreign (Non-Florida) Corporate Statement
(f) References
(g) Certificate(s) of Insurance
11. SUBMISSION OF PROPOSALS
11.1 Proposals must be typed or printed in ink. Use of erasable ink is not permitted. All
corrections to prices made by the Offeror must be initialed.
11.2 Proposals must contain a manual signature of the authorized representative of the
Offeror. Proposals shall contain an acknowledgment of receipt of all Addenda. The
address and telephone number for communications regarding the Proposal must be
shown.
11.3 Proposals by corporations must be executed in the corporate name by the President or
other corporate officer accompanied by evidence of authority to sign.The corporate
address and state of incorporation must be shown below the signature.
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11.4 Proposals by partnerships must be executed in the partnership name and signed by a
partner, whose title must appear under the signature and the official address of the
partnership must be shown below the signature.
11.5 Proposals shall be submitted at or before the time and at the place indicated in the
Request for Proposals and shall be submitted in a sealed envelope(faxed proposals
will not be accented under any circumstances). The envelope shall be clearly marked
on the exterior"PROPOSAL FOR DISASTER DEBRIS MONITORING THE CITY
OF CORAL SPRINGS, FLORIDA," and shall state the name and address of the
Offeror and shall be accompanied by any other required documents. No
responsibility will attach to the Purchasing Office for the premature opening of a
Proposal not properly addressed and identified.
11.6 In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and
except as may be provided by other applicable state and federal law,the Request for
Proposal and the responses thereto are in the public domain. However,the Offerors
are requested to identify specifically any information contained in their Proposals
which they consider confidential and/or proprietary and which they believe to be
exempt from disclosure, citing specifically the applicable exempting law.
11.7 All Proposals received from Offerors in response to the Request for Proposal will
become the property of CITY and will not be returned to the Offerors. In the event of
Contract award,all documentation produced as part of the Contract shall become the
exclusive property of CITY.
12. MODIFICATION AND WITHDRAWAL OF PROPOSALS
12.1 Proposals may be modified or withdrawn by an appropriate document duly executed
(in the manner that a Proposal must be executed) and delivered to the place where
Proposals are to be submitted at any time prior to the deadline for submitting
Proposals. A request for withdrawal or a modification must be in writing and signed
by a person duly authorized to do so. Evidence of such authority must accompany
the request for withdrawal or modification. Withdrawal of a Proposal will not
prejudice the rights of an Offeror to submit a new Proposal prior to the Proposal
opening date and time. After expiration of the period for receiving Proposals, no
Proposal may be withdrawn or modified.
12.2 If,within twenty-four(24)hours after Proposals are opened,any Offeror files a duly
signed, written notice with CITY and within five (5) calendar days thereafter
demonstrates to the reasonable satisfaction of CITY by clear and convincing evidence
there was a material and substantial mistake in the preparation of its Proposal,or that
the mistake is clearly evident on the face of the Proposal but the intended correct
Proposal is not similarly evident,then Offeror may withdraw its Proposal and the Bid
Security will be returned. Thereafter, the Offeror will be disqualified from further
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bidding on the subject Contract.
13. REJECTION OF PROPOSALS
13.1 To the extent permitted by applicable state and federal laws and regulations, CITY
reserves the right to reject any and all Proposals, to waive any and all informalities
not involving price,time or changes in the work with the Successful Offeror,and the
right to disregard all nonconforming, non-responsive, unbalanced or conditional
Proposals. Proposal will be considered irregular and may be rejected, if they show
serious omissions, alterations in form, additions not called for, conditions or
unauthorized alterations, or irregularities of any kind.
13.2 CITY reserves the right to reject the Proposal of any Offeror if CITY believes that it
would not be in the best interest of the CITY to make an award to that Offeror,
whether because the Proposal is not responsive or the Offeror is unqualified or of
doubtful financial ability or fails to meet any other pertinent standard or criteria
established by CITY.
14. AWARD OF CONTRACT
14.1 The Contract should be awarded by CITY's Commission to the most responsible and
responsive Offeror(s) for the Proposal(s) whose evaluation by CITY indicates to
CITY that the award will be in the best interests of the CITY and not necessarily to
the lowest Offeror.
14.2 The Offeror to whom award is made shall execute a written contract prior to Notice
of Award. If the Offeror to whom the first award is made fails to enter into a contract
as herein provided,the award may be annulled and the contract left to another Offeror
who is responsible and responsive in the opinion of CITY. Such Offeror shall fulfill
every stipulation embraced herein as if he were the original party to whom the award
was made.
SPECIAL CONDITIONS TO INSTRUCTIONS TO OFFERORS
15. QUALIFICATIONS OF OFFERORS
15.1 Each Offeror should complete the Qualifications Statement and submit the same with
his Proposal. Failure to submit the Qualifications Statement and the documents
required thereunder with the Proposal may constitute grounds for rejection of the
Proposal.
15.2 As a part of the Proposal evaluation process, CITY may conduct a background
investigation, including a record check by the Coral Springs Police Department of
Offeror. Offeror's submission of a Proposal constitutes acknowledgment of the
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process and consent to such investigation.
15.3 No proposal shall be accepted from,nor will any contract be awarded to,any person,
who is in arrears to CITY,upon any debt or contract,or who is a defaulter,as surety
or otherwise, upon any obligation to CITY, or who is deemed irresponsible for
unreliable by CITY.
15.3 CITY reserves the right to make a pre-award inspection of the Offeror's facilities and
equipment prior to award of Contract.
16. ENVIRONMENTAL REGULATIONS
16.1 CITY reserves the right to consider Offeror's history of citations and/or violations of
environmental regulations in determining an Offeror's responsibility, and further
reserves the right to declare an Offeror not responsible if the history of violations
warrant such determination. Offeror shall submit with the Proposal, a complete
history of all citations and/or violations,notices and dispositions thereof. The non-
submission of any such documentation shall be deemed to be an affirmation by the
Offeror that there are no citations or violations. Offeror shall notify CITY
immediately of notice of any citation or violation, which Offeror may receive after
the Proposal opening date and during the time of performance of any contract
awarded to Offerors.
17. INSURANCE
17.1 Offeror shall submit a certificate(s) of insurance evidencing the required insurance
together with the Proposal. Failure to do so may cause rejection of the Proposal.
17.2 Prior to Award and in any event prior to commencing work,the Successful
Offeror shall provide CITY with certified copies of all insurance policies
providing coverage as required by these Special Conditions.
17.3 The Successful Offeror shall secure and maintain, at its own expense, and keep in
effect during the full period of the contract a policy or policies of insurance,which
must include the following coverages and minimum limits of liability:
(a) Worker's Compensation and Employer's Liability Insurance for all employees
of the Successful Offeror engaged in work under the Contract in accordance
with the laws of the State of Florida. The Successful Offeror shall agree to be
responsible for the employment,control and conduct of its employees and for
any injury sustained by such employees in the course of their employment.
(b) Comprehensive General Liability Insurance with the following minimum
limits of liability:
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$ 1,000,000 Combined Single Limit,
Bodily Injury and Property
Damage Liability per occurrence
Coverage shall specifically include the following minimum limits not less
than those required for Bodily Injury Liability and Property Damage:
$ 1,000,000 Combined Single Limit,
Bodily Injury and Property
Damage Liability per occurrence
(1) Premises and Operations;
(2) Independent Contractors;
(3) Products and Completed Operations;
(4) Broad Form Property Damage;
(5) Broad Form Contractual Coverage applicable to the Contract and
specifically confirming the indemnification and hold harmless
agreement in the Contract;
(b) Personal Injury Coverage with employment and contractual
exclusions removed and deleted.
(c) Comprehensive Automobile Liability Insurance for all owned, non-owned
and hired automobiles and other vehicles used by Successful Offeror in the
performance of the work with the following minimum limits of liability:
$ 1,000,000 Combined Single Limit,
Bodily Injury and Property
Damage Liability per occurrence
17.4 ALL LIABILITY INSURANCE POLICIES SHALL SPECIFICALLY PROVIDE
THAT THE CITY OF CORAL SPRINGS IS AN ADDITIONAL NAMED
INSURED OR ADDITIONAL INSURED WITH RESPECT TO THE REQUIRED
COVERAGES AND THE OPERATIONS OF THE CONTRACTOR UNDER THE
CONTRACT. INSURANCE Companies selected must be acceptable to CITY. All
of the policies of insurance so required to be purchased and maintained shall contain
a provision or endorsement that the coverage afforded shall not be canceled,
materially changed or renewal refused until at least thirty(30)calendar days written
notice has been given to CITY by certified mail.
17.5 The required insurance coverage shall be issued by an insurance company duly
authorized and licensed to do business in the State of Florida with the following
minimum qualifications in accordance with the latest edition of A.M. Best's
Insurance Guide:
Page 7 of 1 I
Financial Stability B+to A+
17.6 All required insurance policies shall preclude any underwriter's rights of recovery or
subrogation against CITY with the express intention of the parties being that the
required insurance coverages protect both parties as the primary coverages for any
and all losses covered by the above described insurance.
17.7 The Successful Offeror shall ensure that any company issuing insurance to cover the
requirements contained in this Contract agrees that they shall have no recourse
against CITY for payment or assessments in any form on any policy of insurance.
17.8 The clauses "Other Insurance Provisions" and "Insured Duties in the Event of an
Occurrence,Claim or Suit"as it appears in any policy of insurance in which CITY is
named as an additional named insured shall not apply to CITY. CITY shall provide
written notice of occurrence within fifteen(15)working days of CITY'S actual notice
of such an event.
17.8 The Successful Offeror shall not commence work under the Contract until after he
has obtained all of the minimum insurance herein described.
17.9 The Successful Offeror agrees to perform the work under the Contract as an
independent contractor, and not as a subcontractor, agent or employee of CITY.
17.10 Violation of the terms of this paragraph and its sub-parts shall constitute a breach of
the Contract and CITY,at its sole discretion,may cancel the Contract and all rights,
title and interest of the Successful Offeror shall thereupon cease and terminate.
18. INDEMNIFICATION
18.1 GENERAL INDEMNIFICATION: To the fullest extent pennitted by laws and
regulations, Successful Offeror shall indemnify, defend, save and hold harmless
the CITY,its officers, agents and employees, harmless from any and all claims,
damages, losses, liabilities and expenses, direct, indirect or consequential arising
out of or in consequential arising out of or alleged to have arisen out of or in
consequence of the products, goods or services furnished by or operations of the
Successful Offeror or his subcontractors, agents, officers, employees or
independent contractors pursuant to or in the performance of the Contract.
18.2 The Successful Offeror shall pay all claims, losses, liens, settlements or judgments
of any nature whatsoever in connection with the foregoing indemnifications
including,but not limited to,reasonable attorney's fees(including appellate
attorney's fees) and costs.
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18.3 CITY reserves the right to select its own legal counsel to conduct any defense in
any such proceeding and all costs and fees associated therewith shall be the
responsibility of Successful Offeror under the indemnification agreement.
Nothing contained herein is intended nor shall it be construed to waive CITY's
rights and immunities under the common law or Florida Statute 768.28 as
amended from time to time.
19. CONTRACT TIME
19.1 The work to be performed under the Contract shall be commenced on issuance of
Notice to Proceed.
19.2 By virtue of the submission of his Proposal,Offeror agrees and fully understands that
the completion time of the work of the Contract is an essential and material condition
of the Contract and that time is of the essence. The Successful Offeror agrees that all
work shall be prosecuted regularly, diligently and uninterrupted at such rate of
progress as will ensure full completion thereof within the time specified. Failure to
complete the work within the time period specified shall be considered a default.
20. WARRANTIES
20.1 Successful Offeror warrants to CITY that it is not insolvent, it is not in bankruptcy
proceedings or receivership, nor is it engaged in or threatened with any litigation,
arbitration or other legal or administrative proceedings or investigations of any kind
which would have an adverse effect on its ability to perform its obligations under the
Contract.
20.2 Successful Offeror warrants to CITY that it will comply with all applicable federal,
state and local laws,regulations and orders in carrying out its obligations under the
Contract.
20.3 All warranties made by Successful Offeror together with service warranties and
guaranties shall run to CITY and the successors and assigns of CITY.
21. NONDISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT
21.1 During the performance of the Contract,the Successful Offeror shall not discriminate
against any employee or applicant for employment because of race,religion, color,
sex or national origin. The Successful Offeror will take affirmative action to ensure
that employees are treated during employment, without regard to their race, creed,
color, or national origin. Such action must include, but not be limited to, the
following: employment,upgrading;demotion or transfer;recruitment or recruitment
advertising,layoff or termination;rates of pay or other forms of compensation; and
selection for training,including apprenticeship. The Successful Offeror(s)shall agree
to post in conspicuous places,available to employees and applicants for employment,
Page 9 of i 1
notices to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
22. PERMITS, FEES AND NOTICES
22.1 Successful Offeror shall secure all permits and fees,licenses and charges necessary
for the proper execution and completion of the work. The costs of all permits, fees,
licenses and charges shall be included in the price Proposal except where expressly
noted in the specifications requirement.
23. TERMINATION FOR CAUSE AND DEFAULT
23.1 In the event Successful Offeror shall default in any of the terns, obligations,
restrictions or conditions in any of the Proposal documents, CITY shall give written
notice by certified mail,return receipt requested to Successful Offeror of the default
and that such default shall be corrected or actions taken to correct such default shall
be commenced within three 3 calendar days thereof. In the event Successful
Offeror has failed to correct the conditions of default or the default is not remedied to
the satisfaction and approval of CITY, CITY shall have all legal remedies available
to it, including, but not limited to termination of the Contract in which case
Successful Offeror shall be liable for all procurement and reprocurement costs and
any and all damages permitted by law arising from the default and breach of the
Contract.
24. TERMINATION FOR CONVENIENCE OF CITY
24.1 Upon seven(7)calendar days written notice delivered by certified mail,return receipt
requested,to Successful Offeror,CITY may without cause and without prejudice to
any other right or remedy,terminate the agreement for CITY's convenience whenever
CITY determines that such termination is in the best interests of CITY. Where the
agreement is terminated for the convenience of CITY, the notice of termination to
Successful Offeror must state that the Contract is being terminated for the
convenience of CITY under the termination clause and the extent of termination.
Upon receipt of the notice of termination for convenience, Successful Offeror shall
promptly discontinue all work at the time and to the extent indicated on the notice of
termination, terminate all outstanding subcontractors and purchase orders to the
extent that they relate to the terminated portion of the Contract and refrain from
placing further orders and subcontracts except as they may be necessary, and
complete any continued portions of the work.
25. AUDIT RIGHTS
25.1 CITY reserves the right to audit the records of Successful Offeror at any time during
the performance and term of the Contract and for a period of three (3) years after
completion and acceptance by CITY. If required by CITY, Successful Offeror shall
Page 10 of 11
agree to submit to an audit by an independent certified public account selected by
CITY. Successful Offeror shall allow CITY to inspect, examine and review the
records of Successful Offeror at any and all times during normal business hours
during the term of the Contract.
26, DELAYS AND EXTENSIONS OF TIME
26.1 The Contract time may only be changed by a change order or a written amendment.
Any claim for an extension or shortening of Contract time shall be based upon
written notice delivered by the party making the claim to the other party not more
than three 3 calendar days after the occurrence of the event giving rise to the claim
and stating the general nature of the claim otherwise it shall be waived.
26.2 No claim for damages or any claim other than an extension of time shall be made or
asserted against CITY by reason of any delays.
27. ASSIGNMENT
27.1 Successful Offeror shall not assign,transfer or subject the Contract or its rights,title
or interests or obligations therein without CITY'S prior written approval.
27.2 Violation of the terms of this paragraph shall constitute a breach of the Contract by
Successful Offeror and CITY may,at its discretion,cancel the Contract and all rights,
title and interest of Successful Offeror shall thereupon cease and terminate.
28. GOVERNING LAWS: This RFP/Agreement shall be governed by and construed in
accordance with the laws of the State of Florida without regard to principles of conflicts of
laws thereof.
29. VENUE: Any litigation arising out of this RFP/Agreement shall be brought in the
Seventeenth Judicial Circuit for Broward County,Florida.
30. ADDITIONAL REQUIREMENTS: Per the Department of Transportation the Federal
Highway Administration(FHWA)form 1273 (Revised May,2012)will be incorporated into
any construction contract that involves Federal-Aid (Title 23) funds. Requirements under
these provisions will also apply to any subcontractor hired by the prime contractor. FHWA-
1273 will be integrated into any contract awarded by the City as an attachment.
Page 11 of 11
13-B-097RFP
Exhibit A
Scope of Services
PRE-EVENT
1. Consultant will meet with City Staff and its debris hauler in a pre-hurricane annual
meeting on or before May I"of each calendar year to exchange information and review
applicable policies and procedures regarding preparedness activities.
2. Consultant will prepare a staffing table forecasting the number of monitors potentially
needed based on category one through five storm events with a projected amount of
debris.
3. Consultant must have the capability to perform automated debris and reporting
monitoring and must prepare and issue debris reports to the City every 24 hours.
4. Consultant will work with the City's Information Services Department to refine the
interfacing of data from its automated System.
5. Consultant's staff shall attend hurricane preparedness meetings as follows: One meeting
when the CITY is within the five-day forecasting cone, one meeting per day to provide
preparation status while the CITY is within the three-day forecasting cone. Attendance at
these hurricane preparedness meetings may be through telephone conference calls with
the CITY's Contract Administrator or his designee. The parties acknowledge and agree
that additional meetings may need to be scheduled,if warranted.
6. Consultant will continue communication and coordination with FEMA to obtain
confirmation that Automated Debris Management System is a recognized method of data
collection for Hurricane debris monitoring and approved by FEMA prior to utilization by
Consultant for debris monitoring required for the City.
7. Develop a standard data and file format reports in conjunction with the Information
Services and Financial Services Department.
8. Consultant shall assign a Project Manager to the City's Emergency Operations Center.
The Project Manager shall be available and assigned to the City's Emergency Operations
Center within four(4)hours of being notified by City that the Emergency Operations
Center is open for designated event.
9. Assessing of a Temporary Disposal and Reduction Site to be compliant with State
Regulatory Requirements.
10. Consultant shall conduct a Training Workshop to include,but not limited,to the
following:
Page 1 of 4
Consultant will prepare and conduct one training exercise for the City of Coral Springs
(City) staff utilizing the Automated System for debris management. During the
workshop, staff will participate in a debris monitoring tabletop exercise as well as a field
demonstration of the System. The training workshop will last for one (1) day and will be
presented by two instructors from the Consultant's Debris Management Team.
Task 1: Debris Monitoring Tabletop Exercise
The tabletop exercise will serve as an introduction to Consultant's Debris Management
Team, as well as an introduction to the Automated Debris Management System. During
the tabletop exercise, Consultant's staff will provide an overview of the Automated
Debris Management System, including how the System is more effective than traditional,
paper based methods of debris management, and what City staff can expect during post-
event debris management operations. During the tabletop exercise, the Consultant's
Debris Management Team will provide a step-by-step explanation that will demonstrate
to City staff how the System works and how it can enhance and streamline the City's
debris management operations and reporting capabilities. The exercise will be interactive
and City staff will be given the opportunity to ask questions regarding debris
management operations and the System. This portion of the workshop will last for
approximately two (2)hours.
Task 2: Debris Monitoring Field Demonstration
Once the tabletop exercise has been completed, the Consultant's Debris Management
Team will give City staff a hands-on field demonstration of the Automated Debris
Management System. During this portion of the workshop, City staff will participate in a
demonstration deployment of the System and observe how debris data is collected. First,
the Consultant will demonstrate to the City how employees and equipment are registered
for use in the system. Then, the Consultant will demonstrate data collection of ROW,
ROE and line-item debris types using mobile field equipment. Finally, the collected data
will upload onto the Automated Debris Management System Event Manager website and
to view near real-time event statistics. The City will have the opportunity to interact
with the collected data in a GIS mapping interface and will be able to run various system
defined reports. This portion of the workshop will last for approximately four (4) hours
and will take place both in the field and at the City's offices.
POST EVENT
11. In the event of a storm event, Consultant shall mobilize four(4)truck certification
specialist, four(4)monitors, and two (2) Temporary Disposal and Reduction Site(TDRS)
monitors within 24 hours of the ALL CLEAR being issued by the Emergency Operations
Center.
Page 2 of 4
12. Consultant shall provide debris estimates and an appropriate monitoring staffing plan to
the Public Works Director for approval within 24 hours of the ALL CLEAR being issued
by the Police Department.
13. Consultant shall provide the required dedicated staffing to include administrative and
data entry capability for the City, and decentralized from any other operational
responsibilities.
14. Consultant shall provide a fully dedicated truck certification team as needed during the
recovery period.
15. Consultant shall establish and man a command center within three days of the ALL
CLEAR being issued by the Police Department.
16. Consultant shall provide a daily inventory of equipment and crews being deployed each
day.
17. Consultant shall provide a preliminary production report by 6:30 a.m. of the following
workday when the Automated Debris Management System is in use. Manual reports shall
be submitted by noon of the following day.
18. Consultant shall submit a weekly summary report by noon Monday for the previous week
to include daily and weekly production information for each designated hauler for which
the City has contracted for service. The report shall include type of debris, number of
loads,number of crews and trucks,projected debris collected and remaining, completion
schedules, cost information on debris collected,projected cost to complete, call center
and complaint data, and other problems or strategic issues.
19. Consultant shall review all hauler invoices and make recommendations to the Director of
Public Works related to payment of hauler invoices. Consultant shall review hauler
invoices and make said recommendation(s)within one week of receipt of the invoices
from the designated hauler(s).
20. Establish a Command Center.
Consultant will establish a temporary command center within 24 hours of the storm
passing. Consultant will then establish a permanent, fully operational, command center
within 3 days of the storm passing and will maintain it for the duration of the recovery
effort.The command center will be provided at no additional cost to the City.
20. Consultant shall provide a Call Center to answer customer inquires and complaints
regarding debris removal services. The call center will be provided at its command
center to field calls from the City's residents regarding debris recovery efforts. Call
center staffing will be provided in accordance with Consultant's established rate schedule
and will be located at the Consultant's command center.
Page 3 of 4
Additional Items:
1. Consultant shall have experience in the writing and review of FEMA Project Worksheets
(PW), and Federal Highway Administration (FHWA) Detailed Damage Inspection
Reports (DDIR).
2. Consultant shall demonstrate knowledge and experience in all facets of Federal
regulations regarding debris removal and reimbursement process.
3. Consultant shall have experience in the writing of appeals for requests for
reimbursements submitted to FEMA and as a result of Office of Inspector General (OIG)
audits.
4. Consultant shall offer a quality control review during post storm activities to ensure files
are detailed and organized to sustain an audit by the appropriate Federal Agency.
5. Consultant shall be able to provide a review of the City's debris removal contract to
ensure it includes all current Federal guidelines to ensure compliance and opportunity for
reimbursement
Federal Highway Administration Emergency elief Pro ram
The City may seek reimbursement involving the Federal Highway Administration (FHWA)
Emergency Relief Program funds. The Contractor should be familiar with these guidelines
and prepare crews to meet the requirements that include but are not limited to:
(1) Compliance with Davis-Bacon Wage Rates, including the wage rate tables,
available at www.dot.state.fl.us/construction/wage.shtm
(2) Compliance with all requirements of the Americans with Disabilities Act of 1990
(ADA), the regulations of the Federal government issued thereunder, and assurance
by the Local Government pursuant thereto;
(3)Required contract provisions for Federal-Aid Construction Contracts (FHWA-1273)
(4) Compliance with CFR Part 26, Disadvantages Business Enterprise Program
including the requirement to report monthly on the Equal Opportunity Reporting
System on the website found at www.dot.state.fl.us/Nualopportunitvoffice/and
The Consultant shall describe intended compliance with FHWA 1273 as it applies to Equal
Employment Officer(EEO),records and reports, subletting or assignment of Contract, and
other particulars found in the law. The requirements of FHWA 1273 will be incorporated as
part of an Agreement between the City and the Consultant.
Page 4 of 4
FHWA-1273-- Revised May 1,2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General 3. A breach of any of the stipulations contained in these
ll. Nondiscrimination Required Contract Provisions may be sufficient grounds for
III. Nonsegregated Facilities withholding of progress payments,withholding of final
IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment
V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the
Provisions contracting agency and FHWA.
VI. Subletting or Assigning the Contract
VII. Safety:Accident Prevention 4. Selection of Labor.During the performance of this contract,
VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose
IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid
Pollution Control Act highway unless it is labor performed by convicts who are on
X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid
Debarment Requirements highway does not include roadways functionally classified as
XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors.
Lobbying
ATTACHMENTS IL NONDISCRIMINATION
A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are
Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all
Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply,engineering,or architectural service contracts.
I. GENERAL
In addition,the contractor and all subcontractors must comply
1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60,
construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the
emergency contracts solely Intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI
contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related
subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR
subcontracts(excluding purchase orders,rental agreements Parts 20D,230,and 633.
and other agreements for supplies or services).
The contractor and all subcontractors must comply with: the
The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60-
incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000,
order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity
prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3.
subcontractor,lower-tier subcontractor or service provider.
Note:The U.S.Department of Labor has exclusive authority to
Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the
build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29
subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have
purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with
supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as
for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of
or service provider. 1964,as amended,and related regulations including 49 CFR
Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix
Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S.
referenced)In all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements.
subcontracts(excluding purchase orders,rental agreements
and other agreements for supplies or services related to a 1.Equal Employment Opportunity:Equal employment
construction contract). opportunity(EEO)requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35,
sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27)
performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the
and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23
immediate superintendence and to all work performed on the U.S.C.140 shall constitute the EEO and specific affirmative
contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under
1
this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the
Act of 1990(42 U.S.C.12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the
35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such
contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large
agrees to comply with the following minimum specific circulation among minorities and women in the area from
requirement activities of EEO: which the project work force would normally be derived.
a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid
the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct
good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral
of Its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To
of activities under the contract. meet this requirement,the contractor will identify sources of
potential minority group employees,and establish with such
b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women
following statement: applicants may be referred to the contractor for employment
consideration.
"It is the policy of this Company to assure that applicants
are employed,and that employees are treated during b. In the event the contractor has a valid bargaining
employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the
national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that
employment,upgrading,demotion,or transfer;recruitment or agreement to the extent that the system meets the contractor's
recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where
other forms of compensation;and selection for training, implementation of such an agreement has the effect of
including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the
job training." contractor to do the same,such implementation violates
Federal nondiscrimination provisions.
2, EEO Officer:The contractor will designate and make
known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to
the responsibility for and must be capable of effectively refer minorities and women as applicants for employment.
administering and promoting an active EEO program and who Information and procedures with regard to referring such
must be assigned adequate authority and responsibility to do applicants will be discussed with employees.
SO.
5.Personnel Actions:Wages,working conditions,and
3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and
staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading,
discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be
are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national
cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be
and contractual responsibilities to provide EEO In each grade followed:
and classification of employment. To ensure that the above
agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project
minimum: sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
a. Periodic meetings of supervisory and personnel office personnel.
employees will be conducted before the start of work and then
not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of
contractor's EEO policy and its implementation will be wages paid within each classification to determine any
reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices.
the EEO Officer,
c. The contractor will periodically review selected personnel
b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of
given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will
all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the
thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such
corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of
contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection
women. with its obligations under this contract,will attempt to resolve
such complaints,and will take appropriate corrective action
d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the
policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant,
applicants for employment and potential employees. such corrective action shall include such other persons. Upon
completion of each investigation,the contractor will inform
e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal.
implement such policy will be brought to the attention of
employees by means of meetings,employee handbooks,or 6.Training and Promotion:
other appropriate means.
a. The contractor will assist in locating,qualifying,and
increasing the skills of minorities and women who are
2
applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with
should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there
employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
b. Consistent with the contractor's work force requirements undue hardship.
and as permissible under Federal and State regulations,the
contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials
apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not
geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex,
special provision for training is provided under this contract, national origin,age or disability in the selection and retention
this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and
special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary
training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the
in accordance with 23 U.S.C.140(a). administration of this contract.
c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and
employment of available training programs and entrance suppliers and lessors of their EEO obligations under this
requirements for each. contract.
d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure
promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations.
women and will encourage eligible employees to apply for
such training and promotion.
10.Assurance Required by 49 CFR 26.13(b):
7.Unions:If the contractor relies in whole or in part upon
unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State
faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by
increase opportunities for minorities and women. Actions by reference.
the contractor,either directly or through a contractor's
association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on
forth below: the basis of race,color,national origin,or sex in the
performance of this contract. The contractor shall carry out
a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and
cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the
toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach
in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this
so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency
deems appropriate.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such
union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO
regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of
disability. three years following the date of the final payment to the
contractor for all contract work and shall be available at
c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized
practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA.
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the
Information to the contractor,the contractor shall so certify to following:
the contracting agency and shall set forth what efforts have
been made to obtain such Information. (1)The number and work hours of minority and non-
minority group members and women employed in each work
d. In the event the union is unable to provide the contractor classification on the project;
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation
through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment
vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and
origin,age or disability;making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring,
to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women;
provide exclusive referrals under the terms of a collective
bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual
requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of
practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and
pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work
special provisions,such contractor shall immediately notify the classification required by the contract work. This information is
contracting agency. to be reported on Form FHWA•1391. The staffing data should
represent the project work force on board in all or any part of
8. Reasonable Accommodation for Applicants f the last payroll period preceding the end of July. If on-the-job
Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor
3
will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions
employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not
all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs
July. which cover the particular weekly period,are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for
the classification of work actually performed,without regard to
This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or
contracts and to all related construction subcontracts of mechanics performing worts in more than one classification
$10,000 or more. may be compensated at the rate specified for each
classification for the time actually worked therein:Provided,
The contractor in ust ensure that facilities provided for That the employer's payroll records accurately set forth the
employees are provided in such a manner that segregation on time spent in each classification in which work is performed.
the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification
result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this
use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be
employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at
to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where
services at any location,under the contractor's control,where it can be easily seen by the workers.
the facilities are segregated. The term"facilities"includes
waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of
time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in
storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the
recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage
provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an
or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits
areas to assure privacy between sexes. therefore only when the following criteria have been met
IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification
requested is not performed by a classification in the wage
This section is applicable to all Federal-aid construction determination;and
projects exceeding$2,000 and to all related subcontracts and
lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the
requirements apply to all projects located within the right-of- construction industry;and
way of a roadway that is functionally classified as Federal-aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors,which are exempt. (iii)The proposed wage rate,including any bona fide
Contracting agencies may elect to apply these requirements to fringe benefits,bears a reasonable relationship to the
other projects. wage rates contained in the wage determination.
The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be
Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their
related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the
1273 format and FHWA program requirements. classification and wage rate(including the amount
designated for fringe benefits where appropriate),a report of
the action taken shall be sent by the contracting officer to the
1. Minimum wages Administrator of the Wage and Hour Division,Employment
Standards Administration,U.S.Department of Labor,
a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized
the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every
often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and
rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting
permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is
under the Copeland Act(29 CFR part 3)),the full amount of necessary.
wages and bona fide fringe benefits(or cash equivalents
thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics
than those contained in the wage determination of the to be employed in the classification or their representatives,
Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed
hereof,regardless of any contractual relationship which may classification and wage rate(including the amount
be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the
and mechanics. contracting officer shall refer the questions,including the
views of all interested parties and the recommendation of the
Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for
fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an
Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within
paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or
4
will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show
additional time is necessary. that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible,and that the
(4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the
appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the
.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such
work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under
day on which work is performed i the classification. approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs,the registration of the apprentices and
c.Whenever the minimum wage rate prescribed In the trainees,and the ratios and wage rates prescribed in the
contract for a class of laborers or mechanics includes a fringe applicable programs.
benefit which is not expressed as an hourly rate,the contractor
shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in
or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to
equivalent thereof. the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
d.If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(aH3)(i),except that full social
other third person,the contractor may consider as part of the security numbers and home addresses shall not be included
wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to
reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee
under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security
Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be
that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is
been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division
to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm
obligations under the plan or program. or its successor site.The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
2. Withholding Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and
written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an
Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage
the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime
contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and
assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own
requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency..
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a
Including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or
contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the
required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall
laborer or mechanic,including any apprentice,trainee,or certify the following:
helper,employed or working on the site of the work,all or part
of the wages required by the contract,the contracting agency
may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the
may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(h)of
payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is
have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29
CFR part 5,and that such information is correct and
3. Payrolls and basic records complete;
a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each
helper,apprentice,and trainee)employed
maintained by the contractor during the course of the work and
f the contract
during the payroll period has been paid the full weekly
preserved for a period of three years thereafter for all laborers wages earned,without rebate,either directly or indirectly,
and mechanics working at the site of the work.Such records and that no deductions have been made either directly or
shall contain the name,address,and social security number of indirectly from the full wages earned,other than
each such worker,his or her correct classification,hourly rates permissible deductions as set forth in Regulations,29 CFR
of wages paid(including rates of contributions or costs part 3;
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B)of the
Davis-Bacon Act),daily and weekly number of hours worked, (III)That each laborer or mechanic has been paid not
deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed,
the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination
any costs reasonably anticipated in providing benefits under a incorporated into the contract.
plan or program described in section 1(b)(2)(B)of the Davis-
5
(3)The weekly submission of a properly executed rate specified in the applicable wage determination.
certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with
WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the
"Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits,
this section. apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
(4)The falsification of any of the above certifications may classification.If the Administrator determines that a different
subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification,
prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination.
title 31 of the United States Code.
In the event the Office of Apprenticeship Training,Employer
c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency
required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an
inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be
representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable
FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable
representatives to interview employees during working hours program is approved.
on the job.If the contractor or subcontractor fails to submit the
required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL).
after written notice to the contractor,the contracting agency or
the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be
cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the
guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and
records upon request or to make such records available may individually registered in a program which has received prior
be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S.
Department of Labor,Employment and Training
4. Apprentices and trainees Administration.
a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Apprentices will be permitted to work at less than the Employment and Training Administration,
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified
apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress,
Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate
Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall
a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the
person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention
employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe
program,who is not individually registered in the program,but benefits listed on the wage determination unless the
who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that
Training,Employer and Labor Services or a State there is an apprenticeship program associated with the
Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage
probationary employment as an apprentice. determination which provides for less than full fringe benefits
for apprentices.Any employee listed on the payroll at a trainee
The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan
site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall
permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wagedetermination for the classification of work actually performed.
the registered program.Any worker listed on a payroll at an In addition,any trainee performing work on the job site in
apprentice wage rate,who is not registered or otherwise excess of the ratio permitted under the registered program
employed as stated above,shall be paid not less than the shall be paid not less than the applicable wage rate on the
applicable wage rate on the wage determination for the wage determination for the work actually performed.
classification of work actually performed.In addition,any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration
less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no
for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the
performing construction on a project in a locality other than applicable predetermined rate for the work performed until an
that in which its program is registered,the ratios and wage acceptable program is approved.
rates(expressed in percentages of the journeyman's hourly
rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of
program shall be observed. apprentices,trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29
specified in the registered program for the apprentice's level of CFR part 30.
progress,expressed as a percentage of the journeymen hourly
6
d. Apprentices and Trainees(programs of the U.S.DOT).
Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY
skill training programs which have been certified by the STANDARDS ACT
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction
subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the
The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety
trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to
particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As
journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics
the particular program. include watchmen and guards.
5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor
contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require
3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to
Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such
subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less
subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours
compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek.
with all the contract clauses in 29 CFR 5.5.
2.Violation;liability for unpaid wages;liquidated
7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth
in paragraph(1.)of this section,the contractor and any
contract clauses in 29 CFR may be grounds for termination subcontractor responsible therefor shall be liable for the
of the contract,and for debarment as a contractor and a unpaid wages.In addition,such contractor and subcontractor
subcontractor as provided in 29 CFR 5.12. shall be liable to the United States(in the case of work done
under contract for the District of Columbia or a territory,to such
8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such
requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each
Bacon and Related Acts contained In 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and
are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in
paragraph(1.)of this section,in the sum of$10 for each
9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or
out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty
be subject to the general disputes clause of this contract.Such hours without payment of the overtime wages required by the
disputes shall be resolved in accordance with the procedures clause set forth in paragraph(1.)of this section.
of the Department of Labor set forth in 29 CFR parts 5,6,and
7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages.
between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action
contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the
employees or their representatives. Department of Labor withhold or cause to be withheld,from
any moneys payable on account of work performed by the
10.Certification of eligibility. contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor,or any
other federally-assisted contract subject to the Contract Work
a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same
neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be
interest In the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or
be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as
the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this
section.
b.No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert
of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(ax1). in any subcontracts the clauses set forth in paragraph(1.)
through(4.)of this section and also a clause requiring the
c.The penalty for making false statements is prescribed In the subcontractors to include these clauses in any lower tier
subcontracts.The prime contractor shall be responsible for
U.S.Criminal Code,18 U.S.C.1001. compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs(1.)through(4.)of this
section.
7
evidenced in writing and that it contains all pertinent provisions
VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract.
This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is
contracts on the National Highway System. not applicable to design-build contracts;however,contracting
agencies may establish their own self-performance
1.The contractor shall perform with its own organization requirements.
contract work amounting to not less than 30 percent(or a
greater percentage if specified elsewhere in the contract)of
the total original contract price,excluding any specialty Items VII.SAFETY:ACCIDENT PREVENTION
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal-aid
specialty items performed may be deducted from the total construction contracts and to all related subcontracts.
original contract price before computing the amount of work
required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall
(23 CFR 635.116). comply with all applicable Federal,State,and local laws
governing safety,health,and sanitation(23 CFR 635).The
a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and
to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it
equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be
without operators. Such term does not include employees or reasonably necessary to protect the life and health of
equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to
agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the
term may include payments for the costs of hiring leased work covered by the contract.
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a
employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into
contractor meets all of the following conditions: pursuant to this contract,that the contractor and any
subcontractor shall not permit any employee,in performance
(1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions
supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her
employees; health or safety,as determined under construction safety and
(2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary
of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work
(3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704).
exclude individual employees from work on the project;and
(4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract
the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative
submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract
other Federal regulatory requirements. performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the
that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40
equipment not ordinarily available in the type of contracting U.S.C.3704).
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. Vlll.FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
2.The contract amount upon which the requirements set forth
in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v 1 s i o n i s applicable to all Federal-aid
material and manufactured products which are to be construction contracts and to all related subcontracts.
purchased or produced by the contractor under the contract
provisions. In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made
or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal-
direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned
requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly,
(regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or
own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the
engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any
necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and
similar acts,Form FHWA-1022 shall be posted on each
4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more
otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned
contracting officer,or authorized representative,and such with the project:
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows:
contracting agency has assured that each subcontract is
8
"Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall
States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification
person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be
false statement,false representation,or false report as to the considered in connection with the department or agency's
character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However,
be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a
be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person
submission of plans,maps,specifications,contracts,or costs from participation in this transaction.
of construction on any highway or related project submitted for
approval to the Secretary of Transportation;or c.The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
Whoever knowingly makes any false statement,false agency determined to enter into this transaction.If it Is later
representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered
character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies
be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency
connection with the construction of any highway or related may terminate this transaction for cause of default.
project approved by the Secretary of Transportation;or
d.The prospective first tier participant shall provide
Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom
representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier
or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when
Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed
and supplemented; circumstances.
Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred,"
years or both." "suspended,""ineligible,""participant,""person," "principal,"
and"voluntarily excluded,"as used in this clause,are defined
in 2 CFR Parts 180 and 1200. "First Tier Covered
IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a
WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such
as the prime or general contract). "Lower Tier Covered
This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First
contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier
Participant"refers to the participant who has entered into a
By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal
contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier
Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a
appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower
Tier Participants(such as subcontractors and suppliers).
1.That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting
award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be
or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier
2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred,
included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from
every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by
the contracting agency may direct as a means of enforcing the department or agency entering into this transaction.
such requirements.
g.The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility
SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions,"
EXCLUSION provided by the department or contracting agency,entering
into this covered transaction,without modification,in all lower
This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier
contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold.
subcontracts,purchase orders,lease agreements,consultant
contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a
approval or that is estimated to cost$25,000 or more— as certification of a prospective participant In a lower tier covered
defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,Ineligible,or
voluntarily excluded from the covered transaction,unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals,as well as
a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each
first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded
Panties List System website(httpsJ/www.epls.00v/),which is
b.The inability of a person to provide the certification set out compiled by the General Services Administration.
below will not necessarily result in denial of participation in this
9
I. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies,
require the establishment of a system of records in order to including suspension and/or debarment.
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide
is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is
a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
j.Except for transactions authorized under paragraph(f)of changed circumstances.
these instructions,if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a d.The terms'covered transaction,""debarred,"
person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal,"
excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined
other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to
department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a
or default. copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
""*•' subgrantee of Federal funds and a participant(such as the
prime or general contract). "Lower Tier Covered Transactions"
2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered
Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant"
Participants: refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier
its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
(1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers).
debarment,declared ineligible,or voluntarily excluded from
participating in covered transactions by any Federal e.The prospective lower tier participant agrees by
department or agency; submitting this proposal that,should the proposed covered
transaction be entered into,it shall not knowingly enter into
(2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is
proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily
against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless
connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this
a public(Federal,State or local)transaction or contract under transaction originated.
a public transaction;violation of Federal or State antitrust
statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by
bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled
statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
(3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and
civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding
local)with commission of any of the offenses enumerated in the$25,000 threshold.
paragraph(a)(2)of this certification;and
g.A participant in a covered transaction may rely upon a
(4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered
application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or
(Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it
knows that the certification is erroneous.A participant Is
b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended,
any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered
participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as
the eligibility of any lower tier prospective participants,each
2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded
Parties List System website(httos:Nwww.er)ls.gov/),which is
(Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration.
lower tier transactions requiring prior FHWA approval or
estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to
1200) require establishment of a system of records in order to render
in good faith the certification required by this clause.The
a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to
lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
b.The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction I.Except for transactions authorized under paragraph a of
was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction
lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a
certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily
Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to
other remedies available to the Federal Government,the
10
department or agency with which this transaction originated
may pursue available remedies,including suspension and/or
debarment.
ataax
Certification Regarding Debarment,Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1.The prospective lower tier participant certifies,by
submission of this proposal,that neither it nor its principals is
presently debarred,suspended,proposed for debarment,
declared ineligible,or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
2.Where the prospective lower tier participant is unable to
certify to any of the statements in this certification,such
prospective participant shall attach an explanation to this
proposal.
a x R a 4
XI.CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000(49 CFR 20).
1.The prospective participant certifies,by signing and
submitting this bid or proposal,to the best of his or her
knowledge and belief,that:
a.No Federal appropriated funds have been paid or will be
paid,by or on behalf of the undersigned,to any person for
influencing or attempting to influence an officer or employee of
any Federal agency,a Member of Congress,an officer or
employee of Congress,or an employee of a Member of
Congress in connection with the awarding of any Federal
contract,the making of any Federal grant,the making of any
Federal loan,the entering into of any cooperative agreement,
and the extension,continuation,renewal,amendment,or
modification of any Federal contract,grant,loan,or
cooperative agreement.
b.If any funds other than Federal appropriated funds have
been paid or will be paid to any person for Influencing or
attempting to influence an officer or employee of any Federal
agency,a Member of Congress,an officer or employee of
Congress,or an employee of a Member of Congress in
connection with this Federal contract,grant,loan,or
cooperative agreement,the undersigned shall complete and
submit Standard Form-LLL,"Disclosure Form to Report
Lobbying,"in accordance with its instructions.
2.This certfication is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C.1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than$100,000 for each such failure.
3.The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts,which exceed$100,000 and that all such
recipients shall certify and disclose accordingly.
11
ATTACHMENT A•EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1
PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work.
ROAD CONTRACTS
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1.During the performance of this contract,the contractor
undertaking to do work which is,or reasonably may be,done
as on-site work,shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated,or the subregion,or the
Appalachian counties of the State wherein the contract work is
situated,except:
a.To the extent that qualified persons regularly residing in
the area are not available.
b.For the reasonable needs of the contractor to employ
supervisory or specialty experienced personnel necessary to
assure an efficient execution of the contract work.
c.For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract,provided that the number of nonresident
persons employed under this subparagraph(1c)shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work,except as provided in
subparagraph(4)below.
2.The contractor shall place a job order with the State
Employment Service indicating(a)the classifications of the
laborers,mechanics and other employees required to perform
the contract work,(b)the number of employees required in
each classification,(c)the date on which the participant
estimates such employees will be required,and(d)any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work,the
information submitted by the contractor in the original job order
is substantially modified,the participant shall promptly notify
the State Employment Service.
3.The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
anyjob applicants who,in his opinion,are not qualified to
perform the classification of work required.
4.If,within one week following the placing of a job order by
the contractor with the State Employment Service,the State
Employment Service is unable to refer any qualified job
applicants to the contractor,or less than the number
requested,the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate,the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate,notwithstanding the provisions of subparagraph(1 c)
above.
5. The provisions of 23 CFR 633.207(e)allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
12
PROPOSAL FORM FOR DISASTER DEBRIS MONITORING SERVICE
REQUEST FOR PROPOSAL NO. 13-B-097
SUBMITTED TO: City of Coral Springs
9551 West Sample Road
Coral Springs, Florida 33065
1. The undersigned Offeror proposes and agrees, if this Proposal is accepted,to enter into an
Agreement with CITY to perform and furnish all work as specified or indicated in the
Proposal and Contract Documents for the Contract price and within the Contract time
indicated in the Proposal and in accordance with the other terms and conditions of the
Proposal and Contract Documents.
2. Offeror accepts and hereby incorporates by reference in this Proposal Form all of the
terms and conditions of the Request for Proposal and Instructions to Offerors.
3. The Offeror has become fully informed concerning the local conditions, and nature and
extent of work, and has examined all Contract Documents.
4. Offeror has given the Purchasing Agent written notice of all conflicts, errors or
discrepancies that it has discovered in the Contract and/or Proposal documents and the
written resolution thereof by the Purchasing Agent is acceptable to Offeror.
5. Offeror proposes to furnish all labor, services,and supervision for the work describes as
follows:
DISASTER DEBRIS MONITORING SERVICES
6. Offeror will complete the work for the following price: include labor fees for all
appropriate workers.
7. Acknowledgment is hereby made of the following Addenda(identified by number)
received since issuance of the Request for Proposal:
Addendum No. Date
Addendum No. Date
Addendum No. Date
8. The following documents are attached to and made as a condition to this Proposal:
(a) Proposal and Offeror's Certification
(b) Certified Resolution
(c) Qualifications Statement
(d) Non-Collusive Affidavit
(e) Offeror's Foreign(Non-Florida) Corporate Statement
(f) References
(g) Certificate(s) of Insurance
Page 1 of 6
9. PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW
ANY INSURANCE COVERAGES AND CONDITIONS PRIOR TO SUBMITTING
YOUR PROPOSAL TO ENSURE COMPLIANCE WITH THE INSURANCE
REQUIREMENTS OF THE INSTRUCTIONS TO OFFERORS.
10. The correct legal name of Offeror is:
Address:
City/State/Zip:
Telephone No.: Fax No.:
Email Address:
Social Security No. or Federal I.D.No.:
11. Communications concerning this Proposal shall be addressed to
at the following address:
Telephone No.: Fax No.:
Email Address:
Submitted on ,201_.
Page 2 of 6
OFFEROR'S CERTIFICATION
WHEN OFFEROR IS AN INDIVIDUAL
IN WITNESS WHEREOF,the Offeror hereto has executed this Proposal Form this day
of , 201_.
By:
Signature of Individual
Witness Printed Name of Individual
Witness Business Address
City/State/Zip
Business Phone Number
State of
County of
The foregoing instrument was acknowledged before me this Day of ,
201_, by who is personally known to me or
who has produced as identification and who did(did not)take an
oath.
WITNESS my hand and official seal.
NOTARY PUBLIC
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Page 3 of 6
OFFEROR'S CERTIFICATION
WHEN OFFEROR IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A FICTITIOUS
OR TRADE NAME
IN WITNESS WHEREOF,the Offeror hereto has executed this Proposal Form this day
of ,201_.
Printed Name of Firm
By:
Signature of Owner
Witness Printed Name of Individual
Witness Business Address
City/State/Zip
Business Phone Number
State of
County of
The foregoing instrument was acknowledged before me this Day of ,
201_,by who is personally known to me or
who has produced as identification and who did(did not)take an
oath.
WITNESS my hand and official seal.
NOTARY PUBLIC
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Page 4 of 6
OFFEROR'S CERTIFICATION
WHEN OFFEROR IS A PARTNERSHIP
IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this day
of , 201_.
Printed Name of Partnership
By:
Signature of General or Managing Partner
Witness Printed Name of partner
Witness Business Address
City/State/Zip
Business Phone Number
State of Registration
State of
County of
The foregoing instrument was acknowledged before me this Day of , 201_,
by (Name), (Title)of
(Name of Company) who is personally known to me
or who has produced as identification and who did (did not)
take an oath.
WITNESS my hand and official seal.
NOTARY PUBLIC
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Page 5 of 6
OFFERORS CERTIFICATION
WHEN OFFEROR IS A CORPORATION
IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this
day of ,201_.
Printed Name of Corporation
Printed State of Incorporation
By:
Signature of President or other authorized officer
(CORPORATE SEAL)
Printed Name of President or other authorized
officer
ATTEST:
Address of Corporation
By
Secretary City/State/Zip
Business Phone Number
State of
County of
The foregoing instrument was acknowledged before me this Day of ,201_,
by (Name), (Title)of
(Name of Company) on behalf of the corporation,
who is personally known to me or who has produced as
identification and who did(did not)take an oath.
WITNESS my hand and official seal.
NOTARY PUBLIC
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Page 6 of 6
CERTIFIED RESOLUTION
I, (Name),the duly elected Secretary of
(Corporate Title), a corporation organized and existing under the laws of the State of
,do hereby certify that the following Resolution was unanimously adopted and
passed by a quorum of the Board of Directors of the Said corporation at a meeting held in accordance with
law and the by-laws of the said corporation.
IT IS HEREBY RESOLVED THAT (Name) The duly elected
(Title of Officer) of (Corporate Title)be and is hereby
authorized to execute and submit a Bid and Bid Bond,if such bond is required,to the City of Coral Springs
and such other instruments in writing as may be necessary on behalf of the said corporation;and that the Bid,
Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its
own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the
foregoing resolution.
The City of Coral Springs shall be fully protected in relying upon such certification of the secretary and shall
be indemnified and saved harmless from any and all claims,demands, expenses, loss or damage resulting
from or growing out of honoring, the signature of any person so certified or for refusing to honor any
signature not so certified.
I further certify that the above resolution is in force and effect and has not been revised, revoked or
rescinded.
I further certify that the following are the name,titles and official signatures of those persons authorized to
act by the foregoing resolution.
NAME TITLE SIGNATURE
Given under my hand and the Seal of the said corporation this day of ,201_.
(SEAL) By:
Secretary
Corporate Title
NOTE:
The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed
explicitly,but the Certified Resolution submitted must clearly show to the satisfaction of the City of Coral
Springs that the person signing the Bid and Bid Bond for the corporation has been properly empowered by
the corporation to do so in its behalf.
NON-COLLUSIVE AFFIDAVIT
State of }
)ss.
County of )
being first duly sworn,deposes and says
that:
(1) He/she is the , (Owner,Partner,
Officer,Representative or Agent)of
the Bidder that has submitted the attached Bid;
(2) He/she is fully infonned respecting the preparation and contents of the attached Bid and of
all pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest,including this affiant,have in any way colluded,conspired,
connived or agreed,directly or indirectly,with any other Bidder,firm,or person to submit a
collusive or sham Bid in connection with the Work for which the attached Bid has been
submitted;or to refrain from bidding in connection with such Work;or have in any manner,
directly or indirectly, sought by agreement or collusion, or communication, or conference
with any Bidder,firm,or person to fix the price or prices in the attached Bid or of any other
Bidder, or to fax any overhead, profit, or cost elements of the Bid price or the Bid price of
any other Bidder, or to secure trough any collusion, conspiracy, connivance, or unlawful
agreement any advantage against(Recipient),or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any
other of its agents,representatives, owners, employees or parties in interest, including this
affiant.
Page l of 2
Signed, sealed and delivered
in the presence of:
By:
(Printed Name)
(Title)
ACKNOWLEDGEMENT
State of
County of
The foregoing instrument was acknowledged before me this day of
201_,by ,who is personally known to me
or who has produced as identification and who did(did not)take an
oath.
WITNESS my hand and official seal
NOTARY PUBLIC
(Name of Notary Public: Print,
Stamp, or Type as Commissioned.)
Page 2 of 2
QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and of all answers
to questions made hereinafter:
SUBMITTED TO: City of Coral Springs
(Purchasing Administrator)
ADDRESS: 9551 West Sample Road
Coral Springs, Florida 33065
CIRCLE ONE
SUBMITTED BY: Corporation
Partnership
NAME Individual
Other
ADDRESS:
TELEPHONE NO.
FAX NO.
E-MAIL ADDRESS:
1. State the true, exact, correct and complete name of the partnership, corporation,trade or
fictitious name under which you do business and the address of the place of business.
The correct name of the Proposer is:
The address of the principal place of business is:
2. If Proposer is a corporation, answer the following:
a. Date of Incorporation:
b. State of Incorporation:
C. President's name:
d. Vice President's name:
e. Secretary's name:
f. Treasurer's name:
Page 1 of 6
g. Name and address of Resident Agent:
3. If Proposer is an individual or a partnership, answer the following:
a. Date of organization:
b. Name, address and ownership units of all partners:
C. State whether general or limited partnership:
4. If Proposer is other than an individual, corporation or partnership, describe the
organization and give the name and address of principals:
5. If Proposer is operating under a fictitious name, submit evidence of compliance with the
Florida Fictitious Name Statute.
6. How many years has your organization been in business under its present business name?
a. Under what other former names has your organization operated?
7. Indicate registration, license numbers or certificate numbers for the businesses or
professions which are the subject of this RFP. Please attach certificate of competency
and/or state registration.
Page 2 of 6
8. Do you have a complete set of documents, including drawings and addenda?
(Y) (N)
9. State the names,telephone numbers and last known addresses of three (3) owners,
individuals or representatives of owners with the most knowledge of work which you
have performed or goods you have provided, and to which you refer(government owners
are preferred as references).
(name) (address) (phone number)
(name) (address) (phone number)
(name) (address) (phone number)
10. List the pertinent experience of the key individuals of your organization (continue on
insert sheet, if necessary).
11. State the name of the individual who will have personal supervision of the work:
12. State the name and address of attorney, if any, for the business of the Offeror:
13. State the names and addresses of all businesses and/or individuals who own an interest of
more than five percent(5%)of the Proposer's business and indicate the percentage owned
of each such business and/or individual:
Page 3 of 6
14. State the names, addresses and the type of business of all firms that are partially or wholly
owned by Proposer:
15. State the name of Surety Company which will be providing the bonds if any bonds are
required by the Instructions to Proposers, and name and address of agent:
16. Bank References:
BANK ADDRESS
17. List below and identify the address,telephone number, and capacity(inside and outside
storage) of the Principal and any Subsidiary Compounds proposed for the contract.
(Use additional sheets if necessary)
18. List below the equipment, including type, year, and condition,that you propose for the
contract.
(Use additional sheets if necessary)
Page 4 of 6
19. Lawsuits {any_pending or completed involving the corporation,partnership or
individuals with more than ten percent(10%)interest.
a. List all pending lawsuits which are concerned directly with the staff or part of
your organization proposed for the contract:
b. List all pending lawsuits which are concerned directly with the stqaff or part
of your organization proposed for the contract:
Page 5 of 6
THE PROPOSER ACKNOWLEDGES AND UNDERSTANDS THAT THE
INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS
STATEMENT SHALL BE RELIED UPON BY OWNER IN AWARDING THE
CONTRACT AND SUCH INFORMATION IS WARRANTED BY PROPOSER TO BE
TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT
MATERIALLY AFFECTS THE PROPOSER'S QUALIFICATIONS TO PERFORM
UNDER THE CONTRACT SHALL CAUSE THE OWNER TO REJECT THE
PROPOSAL,AND IF AFTER THE AWARD TO CANCEL AND TERMINATE THE
AWARD AND/OR CONTRACT.
Signature
State of
County of
The foregoing instrument was acknowledged before me this day of ,
201_ by of who
is personally known to me or who has produced as identification and who
did(did not)take an oath.
WITNESS my hand and official seal.
NOTARY PUBLIC
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Page 6 of 6
FOREIGN(NON-FLORIDA)CORPORATIONS MUST COMPLETE THIS FORM
DEPARTMENT OF STATE CORPORATE CHARTER NO.
If your corporation is exempt from the requirements of Section 607.1501,Florida Statutes,YOU MUST CHECK BELOW the
reason(s)for the exemption. Please contact the Department of State,Division of Corporations at(850)245-6051 for assistance
with corporate registration or exemptions.
607.1501 Authority of foreign corporation to transact business required.
(1) A foreign corporation may not transact business in this state until it obtains a certificate of authority from the Department
of State.
(2) The following activities,among others,do not constitute transacting business within the meaning of subsection(1):
(a) Maintaining,defending,or settling any proceeding.
(b) Holding meetings of the board of directors or shareholders or carrying on other activities concerning
internal corporate affairs.
(c) Maintaining bank accounts.
(d) Maintaining officers or agencies for the transfer,exchange,and registration of the corporation's own
securities or maintaining trustees or depositaries with respect to those securities.
(e) Selling through independent contractors.
(f) Soliciting or obtaining orders, whether by mail or through employees, agents, or otherwise,if the
orders require acceptance outside this state before they become contracts.
(g) Creating or acquiring indebtedness,mortgages,and security interests in real or personal property.
(h) Securing or collecting debts or enforcing mortgages and security interests in property securing the
debts.
(i) Transacting business in interstate commerce.
(j) Conducting an isolated transaction that is completed within 30 days and that is not one in the course of
repeated transactions of a like nature.
(k) Owning and controlling a subsidiary corporation incorporated in or transacting business within this
state or voting the stock of any corporation which it has lawfully acquired.
(1) Owning a limited partnership interest in a limited partnership that is doing business within this state,
unless such limited partner manages or controls the partnership or exercises the powers and duties of a
general partner.
(m) Owning,without more,real or personal property.
(3) The list of activities in subsection(2)is not exhaustive..
(4) This section has no application to the question ofwhether any foreign corporation is subject to service ofprocess and suit
in this state under any law of this state.
Please check one of the following if your firm is NOT a corporation:
(I) Partnership,Joint Venture,Estate or Trust
(1I) Sole Proprietorship or Self-Employed
NOTE: This sheet MUST be enclosed with your bid if you claim an exemption or have checked I or U above. If you do not
check I or II above,your firm will be considered a corporation and subject to all requirements listed herein.
BIDDER'S CORRECT LEGAL NAME
SIGNATURE OF AUTHORIZED AGENT OF BIDDER