CN-550000-BDT31.pdf

ITN-DOT-11/12-6014DS

State of Florida

Department of Transportation

BDT31

RAPID INCIDENT SCENE CLEARANCE (RISC)

SERVICES FOR THE FLORIDA DEPARTMENT OF

TRANSPORTATION, (FDOT) IN MIAMI-DADE COUNTY

PROJECT/PROPOSAL NUMBER: ITN-DOT-11/12-6014DS

FINANCIAL PROJECT NUMBER: 424190-1-82-01

The completed agreement for this project includes the following documents:

CHECK OFF

EACH THE

FOLLOWING

ITEM # DESCRIPTION

COVERSHEET

STANDARD WRITTEN AGREEMENT, FORM # 375-040-19

(requires execution)

FEDERAL AID FORM, # 375-030-32

(requires execution)

FEDERAL AID FORM, # 375-030-33

(requires execution)

FEDERAL AID FORM, # 375-040-40

INVITATION TO NEGOTIATE

EXHIBIT “A”, SCOPE OF SERVICES

8 ATTACHMENT “A”, OPEN ROADS POLICY

ATTACHMENT “B”, EVENTS, CRASHES OR TRAFFIC INCIDENTS*

UTILIZING THE SERVICES OF THE RECOVERY VENDOR FOR RAPID

INCIDENT SCENE CLEARANCE

10 ATTACHMENT ‘C”, EQUIPMENT AND VEHICLE REQUIREMENTS

EXHIBIT “B”, METHOD OF COMPENSATION

EXHIBIT “C”, PROPOSER’S AREA OF COVERAGE

EXHIBIT “D”, PROPOSAL FORMS FOR RAPID INCIDENT SCENE

CLEARANCE (RISC)

(will be submitted with executed contract documents)

14 EXHIBIT “E”, WRITTEN REPLIES

(will be submitted with executed contract documents)

Department of Transportation

District Six Procurement Office 1000 Northwest 111 Avenue, Room 6203

Miami, Florida 33172

INVITATION TO NEGOTIATE REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

TO THE ABOVE ADDRESS OR FAX TO (305-470-5309)

ITN Number: ITN-DOT-11/12-6014DS .

Title: RAPID INCIDENT SCENE CLEARANCE (RISC) CONTRACT .

Sealed Reply Due Date & Time: Tuesday, July 19, 2011, 10:00 AM .

Vendors should notify our office by returning this Registration Form as soon as possible after downloading. Complete the information below and fax this sheet only to the Florida Department of Transportation Procurement Office at (305-470-5309), or mail to the address noted above.

THE INVITATION TO NEGOTIATE DOCUMENT YOU RECEIVED IS SUBJECT TO

CHANGE. Notice of changes (addenda), will be posted on the Florida Vendor Bid System at www.myflorida.com , under this ITN number (click on “BUSINESS”, click on “Doing Business with the State”, under “Everything for Vendors and Customers”, click on “Vendor Bid System (VBS)”, then click on “Search Advertisements”, click on the drop-down arrow beside the box under Advertisement Type, select Competitive Solicitation, click on the drop-down arrow beside the box under Agency, select DEPARTMENT OF TRANSPORTATION, then go to the bottom of the same page and click on Initiate Search).

It is the responsibility of all potential vendors to monitor this site for any changing information prior to submitting your reply.

Company Name:

Address:

City, State, Zip:

Telephone: ( ) Fax Number: ( ) .

Contact Person:

Internet E-Mail Address: _________________________________________________________ For further information on this process, you may e-mail or telephone: Harry Orvil at 305-470- 5404; d6.contracts@dot.state.fl.us

EXHIBIT “A”

SCOPE OF SERVICES

EXHIBIT “A”

SCOPE OF SERVICES

RAPID INCIDENT SCENE CLEARANCE (RISC)

1. PROJECT OBJECTIVE

1.1 In an effort to provide the traveling public of the State of Florida a cost effective, high quality, transportation infrastructure, the Florida Department of Transportation (hereinafter "Department") has implemented the “Open Roads Policy” attached hereto as Attachment “A” for Quick Clearance for Safety and Mobility to make travel in Florida safer and more efficient.

Consistent with the Open Roads Policy, District Six (hereinafter known as “District” or ”Department”), has adopted an innovative clearance strategy by implementing the Rapid Incident Scene Clearance (RISC) Program in order to significantly reduce the time it takes to clear major accidents and incidents.

1.2 Towing regulations for heavy-duty wreckers currently used in Florida were developed decades ago. Heavy trucks hauling larger loads now require specialized equipment and skilled operators to quickly remove them after an incident. This contract provides an incentive to clear wreckage and open roads as quickly as possible. This contract does not eliminate the current Class “C” (Heavy duty) wrecker class that will continue to be utilized to remove trucks and busses that are disabled.

1.3 This agreement and RISC funding will be limited to use on limited access highways and other state roads, as determined by the District. See section 8.3 for the list of roadways that are included in the District’s RISC Program.

2. GENERAL DESCRIPTION

2.1 The District shall grant to a towing and recovery company (hereinafter “Vendor”) a nonexclusive privilege to provide RISC Services, for those events, crashes or traffic incidents described in Attachment “B”, on that portion of the District’s roadway system selected by the Vendor.

2.2 The Vendor agrees to provide the professional incident clearance and vehicle recovery services in accordance with the terms and conditions described herein and in compliance with all Florida Highway Patrol (hereinafter “FHP”) local city and county police officers, and Florida Department of Transportation Rules and Regulations, all local city and county Rules and Regulations, and applicable provisions of the Florida Administrative Code and Motor Vehicle Statutes.

The Vendor’s relationship to the District is that of an independent contractor authorized to perform incident scene clearance and vehicle recovery services on the District’s roadway system in strict compliance with the terms and conditions contained herein.

2.3 Should the District determine that the Vendor under this agreement is unable to assist, perform, or provide adequate services or equipment, the District reserves the right to utilize additional services or equipment from any available source. The District also reserves the right to modify the designated limits of responsibility of the Vendor at any time.

2.4 The Vendor and all their operators, employees and subcontractors shall cooperate and comply with the guidance of the FHP or District authorized representatives pertaining to scene safety and traffic control.

3. GENERAL REQUIREMENTS

3.1 The Vendor shall perform all work in accordance with Department Specifications (including all Supplemental Specifications and Special Provisions in the Specification Workbook), 2008 Design Standards and Manual of Uniform Traffic Control Devices (MUTCD).

Internet locations:

2008 FDOT Design Standards:

http://www.dot.state.fl.us/rddesign/rd/RTDS/08/2008Standards.htm MUTCD: http://mutcd.fhwa.dot.gov/pdfs/2003r1/pdf-index.htm

3.2 Proper health and safety measures will be taken to insure safety for the traveling public, Department employees, Vendor employees, and subcontractor employees.

3.3 The owner(s) of heavy duty recovery companies applying for RISC vendor status shall submit a copy of the FDLE background investigation prior to final contract acceptance. Fees associated with the background investigation shall be the responsibility of the vendor.

4. INCIDENT RESPONSE REQUIREMENTS

4.1 The Vendor shall respond to FHP, local law enforcement, and/or District requests for vehicle recovery and clearance services as soon as possible but no later than fifteen (15) minutes from the FHP, local law enforcement or the Department’s authorized representative initial contact with Vendor requesting RISC activation. The Vendor acknowledges that time is of the essence and shall arrive with the two Recovery Wreckers and the Recovery Support Vehicle with required equipment, and materials as specified in Attachment “C”, and with all necessary traffic control devices at the incident site within one hour (60 minutes) from the time RISC activation is requested in order to qualify for RISC incentive payments. The 60 minute time frame begins with initial call to the Vendor. If the selected vendor has not responded within 15 minutes of the initial call, the next available Vendor will be contacted. The need for additional trucks and heavy equipment shall be jointly determined at the incident scene by the Department authorized representative or Asset Maintenance Contractor, FHP, local law enforcement and the Vendor’s representatives. The need for the additional trucks and heavy equipment described herein shall not increase the time required by the Vendor to perform services.

4.2 The Vendor shall be available to provide these services on a twenty-four (24) hours a day, seven

(7) days a week basis, and to provide the arrival status of their personnel and equipment upon request by the investigating law enforcement personnel. The Vendor shall provide the District with a telephone number at which the Vendor can be contacted at all times. Under no circumstances will answering services be allowed.

4.3 TIME IS OF THE ESSENCE IN THIS CONTRACT. Upon the FHP, local law enforcement, or the District’s request for RISC services, the Vendor shall provide the District, FHP or local law enforcement an estimated arrival time. The Vendor will not transfer calls for recovery services to another Vendor. In the event the Vendor is unable to respond, the Vendor must notify the requestor. The Vendor will be rotated to the bottom of the rotation list and the next Vendor on the list will be contacted to respond. If no Vendors within the local service area are able to respond, the next closest vendor from another service area may be called. The response time specified herein shall be strictly

4.4 enforced. Failure to respond to a call for RISC services or arrive at the incident site within the time required and with all necessary materials and equipment as specified herein will result in non-payment of the incentive feature. Failure to respond after the Vendor has agreed to the request for RISC implementation shall be considered a breach of this Contract.

4.5 Notification –The vendor shall notify the FDOT Traffic Management Center or FHP Regional Communications Center at the following points:

a. When the Vendor is en-route to the incident scene.

b. When the Vendor arrives at the incident scene.

c. When the Vendor is given the Notice to Proceed.

d. When all travel lanes are cleared.

Phone numbers for the FDOT Traffic Management Center or FHP Regional Communications Center will be provided to the vendor upon acceptance of this agreement by both parties

5. TERMINATION

5.1 The District reserves the right in its sole discretion to terminate this agreement for breach of a term of this agreement, upon thirty (30) days written notice to the Vendor by certified mail.

5.2 The District reserves the right to terminate this agreement at any time, for any reason, upon sixty

(60) days prior written notice by certified mail.

5.3 Change of ownership or termination of the Vendor’s business shall be grounds for immediate termination of this agreement.

6. INDEMNITY

6.1 The Vendor shall indemnify and hold harmless the District, the FHP, their officials, officers, employees, consultants and agents from and against any and all liabilities, claims, injuries, damages, penalties, actions, suits, losses, costs expenses and attorneys’ fees resulting from or arising out of District requests for vehicle recovery services or incident scene clearance on the District’s roadway system.

7. MISCELLANEOUS

7.1 This is a non-exclusive agreement. The District intends to allow other companies to perform vehicle recovery and incident scene clearance on a rotation basis within the area being serviced by the Vendor. Initially, assignment within a rotation shall be based on contract execution date with the Vendor having the earlier contract execution date given the first roadway incident scene clearance. Once a Vendor performs rapid scene clearance services, the Vendor will be placed at the bottom of the rotation. New Vendors added to the rotation will always be added to the bottom of the rotation even though another Vendor may have already performed services as the rotation existed at the time of contract execution. In some instances, there may be only one Vendor in a given service area and there would not be a rotation list. The one Vendor would receive all RISC calls for that area until such time as another vendor(s) was contracted with to provide services in that service area. The rotation list shall be managed by the FHP.

7.2 If the Vendor is contacted by a party other than FHP, local law enforcement, or the District to provide the services described herein in the District, the Vendor shall notify the District of the request prior to responding. Failure to do so will automatically cause the Vendor to forfeit the performance payments contained in Exhibit “B”, Method of Compensation. However, the Vendor would be eligible for the performance payments if the Vendor was authorized by FHP, local law enforcement, or the District prior to responding.

7.3 The Vendor or any of its operators or employees will not provide any gratuities, commissions, kick-backs or complimentary services of any kind to any District, FHP, or local law enforcement officials, officers, employees, consultants or agents.

7.4 Vendor agrees to provide copies of their itemized invoice to the Department and FHP for review and use.

7.5 Vendor must take photographs both prior to and subsequent to scene cleanup. Photos must be detailed in showing lane blockage and affected traffic from the incident scene.

8. RECOVERY AREAS

8.1 The District may review the recovery area boundaries periodically to ensure that level of service in each area is consistent with the quick clearance goals stated in the Open Roads Policy.

8.2 Recovery wrecker companies need not be located within the area boundaries, but they must mobilize and respond to calls within the indicated response time.

8.3 This agreement covers Rapid Incident Scene Clearance by the Vendor for those segments of the following limited access highways, state roads, interchanges, and ramps under the jurisdiction and operational control of the District and selected by the Vendor.

DESCRIPTION COUNTY

I-75 from SR-826(Palmetto Exp.) to Miami-Dade/Broward County line.

Miami-Dade –5.442 miles in length

SR-836/ I-395, from NW 7th Ave. to west end of Mac Arthur Causeway Bridge.

Miami-Dade –1.292 miles in length

SR-826/Palmetto Expressway, from SR-5/US1/South Dixie Highway to SR-7 at the Golden Glades Interchange.

Miami-Dade –24.572 miles in length

SR9A/I-95 from SR5/US1/South Dixie Highway to Miami-Dade/Broward County line.

Miami-Dade –17.260 miles in length

SR-112/ I-195 from NW 12th Ave. to SR-907/Alton Road.

Miami-Dade –4.91 miles in length

SR-970/Downtown Distributor from SR9A/I-95 to SE 2nd Ave./SR-5/US1 Biscayne Boulevard.

Miami-Dade –0.563 miles in length

SR-997/Krome Avenue from SR- 94/Kendall Drive to SR- 25/US27/Okeechobee Road

Miami-Dade –19.274 miles in length

SR-25/US27/Okeechobee Road from SR 826 to Miami-Dade/Broward County Line

Miami-Dade –10.231 miles in length

MacArthur Causeway/State Highway A1A from the West end of MacArthur Causeway Bridge to Alton Road

Miami-Dade –3.192 miles in length

NOTE: Descriptions and mileage are approximate.

8.4 From the roadways described in 8.3, the Vendor has selected to provide services for those areas described in Exhibit “C”. The Investigating Law Enforcement Officer or FDOT representative can allow additional response time (arrival to scene with all 3 pieces of contract required equipment) for a vendor who is responding to a RISC activation outside of his originally contracted area.

9. VENDOR REQUIREMENTS AND QUALIFICATIONS

9.1 The ultimate equitable owner/owners of the wrecker company shall be required to submit documentary proof showing previous experience and extensive knowledge in working Heavy Duty Towing and Recovery business. Vendor shall be in good standing on the FHP wrecker rotation list. The Project description, dates, photos and locations of successfully completed projects shall be submitted with the Vendor’s proposal. Award of the contract will be contingent on the demonstrated experience, knowledge and quality of work.

9.2 When applicable, the Company must be registered with the State of Florida Department of Agriculture and Consumer Services and maintain registration for the term of the Agreement.

9.3 If the Vendor’s primary place of business is located within a county or municipality that requires by local ordinance, an occupational license, said license must be maintained for the term of the Agreement.

9.4 The Vendor must comply with all Rules and Statutes and provide evidence of current and valid insurance coverage required by the State of Florida and by the FHP Authorized Wrecker Program.

FHP Policy# 17.02

FSS 321.051

FAC Rule 15B-9 Vendor shall be subject to the standard rules and policies already established by the FHP.

Suspensions from towing rotation list will be grounds for removal from the RISC contract.

9.5 The Vendor must maintain current and up to date CDL driving records, employment records and training records on all Operators and make them available for inspection by the FHP, local law enforcement, and Florida Department of Transportation or their authorized representatives.

9.6 The Vendor shall be proficient and able to demonstrate “Expedited Roadway Clearance Practices” and ”Incident Scene Safety” including:

Single lane uprighting of loaded tractor trailers.

Relocation of loaded, overturned, tractor trailers from travel lanes.

The Vendor shall be or become proficient and able to demonstrate such proficiency in the following areas within the time frames specified in 10.1.

Setting up incident scene Traffic Control in accordance with the Manual on Uniform

Traffic Control Devices (MUTCD).

The mitigation of accidental discharges of motor vehicle fluids, per the Florida

Guidelines.

9.7 The RISC Vendor agrees that upon activation of the RISC contract, the responsible party, unless otherwise directed by the Investigating Law Enforcement Officer can request towing of the damaged vehicle(s) to a location of their choice with the understanding that they will be charged for the tow at the rate established by the county or FHP where the incident occurred.

10. QUALIFICATIONS, TRAINING AND CERTIFICATION OF VENDOR’S OPERATORS

10.1 Within sixty (60) days of the execution of this agreement or sixty days of their hiring date, all Recovery Wrecker Operators must:

1. Meet the State of Florida Wrecker Operator Certification Program requirements for experience and training and wear their approved Certification card whenever working on the District roadways.

2. Complete Intermediate Maintenance of Traffic (MOT) training from a certified Department approved training agency. It is recommended that support personnel involved in the recovery effort also complete the Intermediate MOT training from a certified Department approved training agency. When completed and available, recovery operators and support personnel shall complete the MOT Training Course for Incident Responders from a certified Department approved training agency.

3. Receive instruction, training and if applicable, examination in each of the following specialized recovery wrecker operator services: This training shall be conducted by recognized and approved instructors.

Heavy Duty Wrecker Operations Ultra Heavy Wrecker and Recovery Practices Hazardous Materials Awareness Traffic Incident Management Practices including:

1. Incident Scene Traffic Safety

2. The Florida “Open Roads” policy

3. The Florida “Guidelines for the Mitigation of Accidental Discharges of

Motor Vehicle Fluids (Non-Cargo)

4. Incident Scene Traffic Control in accordance with the Manual of

Uniform Traffic Control Devices (MUTCD)

11. AREAS WITH NO AVAILABLE ‘RISC’ VENDORS

11.1 It is anticipated that there may be areas in which the Department does not have under contract a RISC Vendor or times when a Vendor or Vendors for an area are unavailable to respond to a request for services. In such situations the Department reserves the right to contact any available RISC Vendor. The Department will attempt to call the Vendor whose facilities appear to be closest to the accident. Such Vendor shall be eligible for performance payment under paragraphs

2.2 and 2.3 of Exhibit “B” provided the Vendor is able to respond immediately with the two required recovery wreckers and recover support vehicles regardless of whether or not the Vendor arrives on the scene within the required 60 minutes provided all travel lanes are open within 90 minutes after the notice to proceed is given by FHP and/or the Department authorized representative. The Vendor should also be eligible to receive any additional performance payments provided the contract times are met.

12. CONTRACT TERM

The term of the agreement will be from the date of contract execution through December 30, 2012.

13. VENDOR PERFORMANCE

13.1 The Department will evaluate the Vendor’s performance following each incident and will maintain such evaluations for use in administering this contract and in future contract awards.

14. ADDITIONAL VENDORS

The District reserves the right to add new Vendors to provide services in accordance with this contract at such time as the prospective Vendor is able to provide the District with documentary proof of compliance with the requirements and qualifications specified herein.

15. PAYMENT OF TOLLS

15.1 The Vendor’s attention is directed to the fact that the Vendor will be required to pay tolls, as applicable to the general public.

16. MYFLORIDAMARKETPLACE TRANSACTION FEE

This procurement is subject to the MyFloridaMaketPlace transaction fee, pursuant to Rule 60A- 1.031, Florida Administrative Code (F.A.C.).

Attachment “A” - Page 1

ATTACHMENTS TO EXHIBIT “A”

ATTACHMENT ‘A’

State of Florida

"OPEN ROADS POLICY”

Quick Clearance for Safety and Mobility

This agreement by and between the Florida Highway Patrol (FHP) and the Florida Department of Transportation (FDOT) establishes a policy for FHP and FDOT personnel to expedite the removal of vehicles, cargo, and debris from roadways on the State Highway System to restore, in an URGENT MANNER the safe and orderly flow of traffic following a motor vehicle crash or incident on Florida's roadways.

Whereas: Public safety is the highest priority and must be maintained especially when injuries or hazardous materials are involved. The quality of life in the State of Florida is heavily dependent upon the free movement of people, vehicles, and commerce. The FHP and FDOT share the responsibility for achieving and maintaining the degree of order necessary to make this free movement possible. Agencies have the responsibility to do whatever is reasonable to reduce the risk to responders, secondary crashes, and delays associated with incidents, crashes, roadway maintenance, construction, and enforcement activities.

The following operating standards are based on the philosophy that the State Highway System will not be closed or restricted any longer than is absolutely necessary.

Be it resolved: Roadways will be cleared of damaged vehicles, spilled cargo, and debris as soon as it is safe to do so. It is understood that damage to vehicles or cargo may occur as a result of clearing the roadway on an urgent basis. While reasonable attempts to avoid such damage shall be taken, the highest priority is restoring traffic to normal conditions. Incident caused congestion has an enormous cost to society.

Florida Highway Patrol Responsibilities

Members of FHP who respond to the scene of traffic incidents will make clearing the travel portion of the roadway a high priority. When an investigation is required, it will be conducted in as expedient a manner as possible considering the severity of the collision. Non-critical portions of the investigation may be delayed until lighter traffic conditions allow completion of those tasks. The FHP will close only those lanes absolutely necessary to safely conduct the investigation. The FHP will coordinate with FDOT representatives to set up appropriate traffic control, establish alternate routes, expedite the safe movement of traffic at the scene, and restore the roadway to normal conditions as soon as possible.

Attachment “A” - Page 2

Whenever practical, damaged vehicles on access controlled roadways will be removed to off ramps, accident investigation sites, or other safe areas for completion of investigations to reduce the delays associated with motorists slowing to "gawk." Tow trucks will be requested as soon as it is evident that they will be needed to clear the roadway. FHP will assure that all authorized tow operators have met established competency levels and that the equipment is of appropriate size, capacity, and design to meet all standards of the State of Florida.

The FHP will not unnecessarily cause any delay in reopening all or part of a roadway to allow a company to dispatch its own equipment to off-load cargo or recover a vehicle or load that is impacting traffic during peak traffic hours or creating a hazard to the public. The FHP and FDOT will cooperate in planning and implementing clearance operations in the most safe and expeditious manner.

Florida Department of Transportation’s Responsibilities

When requested by FHP or other emergency agency, FDOT will respond and deploy resources to major traffic incidents 24 hours a day, 7 days per week. Each FDOT District will develop and implement response procedures to meet the goal of providing initial traffic control within 30 minutes of notification during the assigned working hours of each maintenance yard, and 60 minutes after hours.

The FDOT, in coordination with FHP, will upgrade traffic controls, determine detour routes, and discuss clearance strategies. When requested, FDOT will provide temporary traffic controls to ensure a safe work zone for all responders and the motoring public.

The FDOT, in cooperation with the FHP, will determine and deploy the necessary heavy equipment and manpower to reopen the roadway if there is a delay in clearing the travel lanes, or if the task is beyond the capabilities of the wrecker service on scene. If cargo or spilled loads [non-hazardous] are involved, FDOT will make every effort to assist in the relocation of the materials in the shortest possible time, using whatever equipment necessary. All such materials or any vehicles relocated by FDOT will be moved the minimum possible distance to eliminate traffic hazards.

FDOT personnel will document all hours and equipment used for traffic control, roadway clearance, and debris clean up. FDOT will place traffic control devices at the scene should any damaged vehicles or cargo remain on the shoulder adjacent to the travel lanes for removal at a later time.

The FDOT and FHP will continually work together to ensure that the needs of motorists on state roadways are being met in the most professional, safe, and efficient manner.

Page-2

Attachment “A” - Page 3

Therefore, it is agreed as follows:

The FHP and the FDOT will evaluate and continually update and modify their operating policies, procedures, rules, and standards to assure they are consistent with this "OPEN ROADS POLICY" agreement.

FHP, together with FDOT, will research, evaluate, and conduct training in the most advanced technologies, equipment, and approved methods for the documentation and investigation of crash or incident scenes. FHP, using these techniques, will prioritize the investigative tasks and reopen travel lanes upon completion of tasks that must be conducted, without the impediment of traffic flowing.

Roadways will be cleared as soon as possible. It is the goal of all agencies that all incidents be cleared from the roadway within 90 minutes of the arrival of the first responding officer. This goal being made with the understanding that more complex scenarios may require additional time for complete clearance.

It is further agreed that:

FHP and FDOT will actively solicit and enlist other state, county, and local agencies, political subdivisions, industry groups, and professional associations to endorse and become party to this "OPEN ROADS PHILOSOPHY" for the State of Florida.

In witness whereof, each party hereto has caused this document to be executed in its name and on its behalf by its duly authorized Chief Executive.

Attachment “B” - Page 1

ATTACHMENT “B”

EVENTS, CRASHES OR TRAFFIC INCIDENTS* UTILIZING THE SERVICES OF THE

RECOVERY VENDOR

FOR

RAPID INCIDENT SCENE CLEARANCE

A. Tractor Trailer Combinations (DOT Class 8) Rollover blocking one or more travel lanes Multiple truck crash Lost Load on or affecting the travel lanes Load Shifted on or affecting a travel lane Lost tandems or split trailer on or affecting a travel lane Truck fire with tires burned off or cargo spilled Major impact with or on top of a barrier wall, guard rail or with a bridge support.

B. Trucks over 16,000 lbs. (DOT Class 5, 6 & 7) Rollover blocking one or more travel lanes Lost load on or affecting the travel lanes Load shifted on or affecting a travel lane Truck fire with tires burned off or cargo spilled Major impact with or on top of a barrier wall, guard rail or with a bridge support.

C. Motor Homes and Motor Coaches (DOT Class 5 and 6) Rollover blocking one or more travel lanes Fire with tires burned off Major impact with or on top of a barrier wall, guard rail or with a bridge support

D. Busses (16 passenger or more, DOT Class 6, 7 & 8) Rollover blocking one or more travel lanes Fire with tires burned off or burned luggage on the roadway Major impact with or on top of a barrier wall, guard rail or with a bridge support

E. Aircraft Any incident involving an aircraft effecting the travel lanes

F. Large yacht type boats

G. Mobile Homes, Modular Homes, or Modular Buildings

Note: In addition, any complex or extended incident where vehicles cannot be easily towed from the scene or are creating a hazard to traffic may be candidates for using the “Vendor” as directed by the District.

*Includes but not limited to

Attachment “C” - Page 1

ATTACHMENT “C”

Equipment and Vehicle Requirements

The Vendor shall be required to submit to the District documentary proof of current ownership or lease of the following equipment having the minimum capacity, size and number listed below:

A. Initial Response:

Recovery Wrecker Requirements (Company Owned/or leased)

One 50-ton (Heavier) Hydraulic, extendable, fixed boom, ultra heavy duty recovery wrecker with a boom structural rating (TEMA or SAE) of 100,000 lbs or rotator type wrecker with the same capacity or greater. A minimum of two planetary winches with a manufacturers rating of 50,000 lbs. each and 200 ft. of ¾” cable. The boom shall extend a minimum of 150” beyond the tailgate. The boom shall elevate to a working height of 21 ft. The truck chassis shall be a minimum of 62,000 lbs gross vehicle weight (GVW). The unit shall be equipped with an under reach tow unit with a capacity of 50,000 lbs. The truck chassis must be designed for or reinforced for severe service. The drive line shall also be severe service and geared for the low end, high torque applications frequently required for quick clearance and relocation of loaded, wrecked heavy trucks - in some cases while they are still overturned.

AND

One 35-ton capacity rotator type heavy duty wrecker or extendable boom wrecker with the same capacity or greater.

The Vendor may request to substitute a mobile crane for the rotator. To be considered the mobile crane must be equipped for truck crash recovery with the tool supplies and rigging as established in this agreement. State of Florida crane operator certification is required. The District reserves the right to approve or reject the request to substitute a crane for the rotator wrecker.

NOTE: ONE OF THE ON SCENE WRECKERS SHALL BE A ROTATOR.

A. Recovery Support Vehicle Requirements:

(Company Owned/or leased) 1 ea. Support vehicle with an enclosed or utility body and a roof mounted DOT approved MUTCD Type B arrow board. The truck shall be stocked with MUTCD traffic control devices (signs, sign stands and cones etc.) and the additional tools, equipment and material listed.*

*The support vehicle as specified shall be purchased or acquired and placed into service within sixty (60) days from execution of this agreement.

Alternatively this may consist of the Vehicle with Type B arrow board and a support trailer with all recovery equipment.

B. Additional Trucks and Heavy Equipment Requirements:

(Company Owned/or leased) 1 ea. Heavy-duty skid steer loader with bucket, broom, and fork attachments. The loader should have the capability to load a dump truck. (e.g., Bobcat T300)

C. Subcontracted Service Providers

The Vendor shall provide proof of an existing account in good standing with a local company to provide the following services. These services must have the means to respond to a major incident scene 24 hours per day/7 days per week in one hour or less.

Attachment “C” - Page 2

A Maintenance of Traffic (MOT) Contractor that can provide and set up MUTCD and FDOT approved work zone traffic controls including a Worksite Traffic Supervisor.

A Disposal Company that can deliver to the scene of an incident dumpsters or hoppers for crash debris, fire debris and or spilled non-hazardous cargo.

A Vacuum or Suction Service for off loading or recovering spilled grains, powders, plastic pellets, etc.

A Trucking or Transport company that can provide dump, refrigerator or flat bed trucks and trailers.

1 ea. Tilt bed, hydraulic, lowboy semi-trailer (Landoll or equivalent) with a 35-ton capacity, 48 ft.

bed and a 20,000 lb. winch with 75 ft. of 5/8” cable

1 ea. Tandem axle tractor with a sliding fifth wheel 1 ea. Rubber tired, articulated, heavy construction end loader with a minimum 2 yard bucket

(when loaded on the lowboy trailed the combined height must not exceed 13 ft.-6in.)

A Construction Crane Rental Company with 50-ton and larger mobile cranes.

A source of bulk sand available 24 Hours a day, 7 days a week.

D. Items Required on Recovery Wreckers

Each Recovery Wrecker shall carry the following tools, supplies and rigging:

Alloy (grade #8) chain: 2 ea. 3/8”x 10’, 2 ea. 5/8”x 10’ and 4 ea. ½”x 10’ Two pair (4), wide profile, 50-ton, nylon recovery straps Four heavy duty snatch blocks (working load matched to the wrecker) Various hooks, clevis’ and chokers (matched to the wrecker capacity) 1 ea. High Pressure air cushion (24”x24”) with control module and hose 4 ea. hardwood timbers (4”x6”) 8 ea. hard wood cribbing (4”x4”) 1 ea. Extension ladder (18 ft.)

1 ea. 36” bolt cutters 1 ea. BC Fire extinguishers (10 lbs.)

1 ea. Long handle axe 1 ea. Long handle shovels (flat blade) 1ea. Long handle shovels (round blade) 1 ea. Street brooms 4 ea. Wheel chocks 1 ea. 5 ft. Pike bar 1 ea. Crow bars (36”) 1 ea. Sledge hammer (10-12 lbs) 1 ea. Hydraulic jack (20-ton) 1 ea. Plug/spill kits, fully stocked Angle iron or aluminum, wide flange various lengths 1 ea. Complete brake release kit: (hand tools, hoses, glad hands, numerous fittings and brake caging bolts) 2 ea. Heavy duty, Industrial flashlights 12 ea. Thirty-six (36) inch, 12lb. reflectorized traffic cones stamped with the FDOT certified product number 1 Commercial box 30-minute highway flares 120 lbs. or 30 gal. of oil dry or approved absorbent 50 ft. of rope (1/2”) 4 ea. load binders, transport chains and cheater pipe 1 ea. Tarpaulin (20 ft x 20 ft.)

Digital camera with a minimum of 5 megapixels (may be carried on wrecker or support vehicle) 2 ea. Rolls of duct tape

Attachment “C” - Page 3

1 ea. Complete mechanics hand tool set 1 ea. Complete first-aid kit

E. Items required in the Recovery Support Vehicle or Recovery Support Trailer pulled by a Support Vehicle 60 ea. Thirty-six (36) inch, 12lb. reflectorized traffic cones stamped with the FDOT certified product number 4 ea. Fabric, MUTCD approved Incident Management Warning signs 4 ea. Portable sign stands for 48” warning signs (see above) 1 ea. Gas powered cut-off saw 2 ea. 500-watt Auxiliary flood lights w/stands 1 ea. Minimum 3,500 watt generator 1 ea. Portable air compressor or truck supplied compressed air 1 ea. Air impact wrench with sockets 1 ea. Air powered metal chisel 1 ea. Acetylene/Oxygen cutting torch 1 ea. Bolt cutters (36”) 4 ea. Long handle shovels (flat blade) 2 ea. Long handle shovels (round blade) 2 ea. Aluminum or plastic coal or grain shovels 4 ea. Street brooms 1 ea. Refrigerator dolly 1 ea. Hand trucks 1 ea. Pallet puller 1 ea. Dock plate with clamps 2 ea. Large Tarpaulins (20 ft. x 20 ft.)

6 dozen 30-minute Highway flares 200 lbs. or 50 gals. of oil dry or approved absorbent 1 Roll of rubber floor runner (36” wide) 10 lbs. of 16D nails 8 2x4 studs 2 Rolls of heavy duty (80 gauge) stretch wrap with dispenser 4 Rolls of duct tape 4 load binders and securement chain for a 30-ton load 1 Case of heavy duty, 55 gallon trash bags 1 Roll of heavy gauge visqueen plastic sheeting 1 ea. Complete first-aid kit 2 ea. Large capacity trash cans 1 ea. BC Fire extinguisher (10lbs.)

2 ea. Sewer drain or inlet covers (mud flaps acceptable)

These tools, supplies and material are required as a minimum. It is expected that a professional recovery wrecker operation will supplement this list with all items needed to operate in a safe and efficient manner.

The “Vendor” grants the Florida Department of Transportation, the Florida Highway Patrol and local law enforcement the right to inspect the vehicles and equipment, or those of any subcontractor, upon request during normal business hours to establish or confirm that the Company is in compliance with the terms of this Agreement.

Exhibit "B”–page 1

EXHIBIT "B"

METHOD OF COMPENSATION

1. BILLING VEHICLE OWNERS

The Vendor agrees to seek compensation for actual vehicle recovery and towing services performed pursuant to this agreement solely from the owner of the vehicle or their insurance provider. The Vendor agrees that no claim for compensation will be made against the District, the Florida Highway Patrol, local law enforcement or its employees or agents for any recovery or towing services.

2. PERFORMANCE PAYMENTS

The Vendor shall be eligible for payment under paragraph 2.1 or 2.2, but not both, provided certain requirements are met. Payment under paragraph 2.3 shall only be made if performance payment is made under paragraph 2.2 and the additional trucks and heavy equipment were mobilized at the request of the Department.

2.1 In the event the Vendor mobilizes and arrives at the crash scene at the District’s request with the traffic control devices and recovery equipment, as specified in Attachment “B”, within one hour and recovery services are not necessary or another towing and recovery firm hired or engaged by the vehicle owner is allowed by FHP, local law enforcement, and the District incident managers to complete the clearance of the incident and towing of the vehicles, the District agrees to pay a Flat Rate Service payment of $600.00. Once a “notice to proceed” is given to the Vendor to commence actual performance of removal and clearance services, the Vendor is not eligible for payment under this paragraph 2.1.

2.2 The Department agrees to pay the Vendor a Flat Rate Emergency Response and Mobilization payment of $2,500 when services were authorized by the Department, FHP or local law enforcement.

To qualify for the Emergency Response and Mobilization payment the Vendor must:

Have responded to the incident scene with all requested recovery, clearance and traffic control equipment and necessary personnel within one hour from the official notification by the FDOT, FHP or local law enforcement.

AND

Have completed the removal and clearance of all crash scene vehicles, cargo, debris and non-hazardous vehicle fluids from all travel lanes and opened to traffic within 90 minutes after the Notice to Proceed by FHP, local law enforcement or a Department authorized representative.

Note: The documented “notice to proceed” and “all lanes open” times recorded at the Traffic Management Center (TMC), FHP Communications Center or local law enforcement communications center will be used to verify the request for emergency response and mobilization payment. If needed, the final clean up and removal of wreckage and debris shall be coordinated with the District, FHP or local law enforcement and may be postponed until the operation will have a minimal impact on traffic.

2.3 Upon approval of the Investigating Law Enforcement Officer, the District agrees to pay for a Flat Rate Additional Trucks and Heavy Equipment Response and Mobilization payment, of $600 for the additional Trucks and Heavy Equipment listed in Attachment “B”. This payment will apply for response and mobilization of the equipment in Attachment “B” when not used in the recovery effort. The cost of bringing this additional equipment will not be billed to insurance companies by the Vendor.

Once the additional equipment is placed into service in the recovery effort at the incident scene, the above “Additional Trucks and Heavy Equipment Response and Mobilization payment” will be increased

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Exhibit "B”- page 2 to $1,000 and the use may be billed to the insurance companies. $1,000 is the maximum payment available in section. 2.3 Exhibit B.

2.4 The FHP Regional Communications Center and any applicable local law enforcement agencies communication centers will note all times as related to the RISC implementation and operation within the FHP Computer Aided Dispatch (CAD) system.

3. FORFEITURE OF PERFORMANCE PAYMENTS

No performance payment shall be made to the Vendor under paragraph 2.2 and 2.3 of this Exhibit “B” if the Vendor has not completed their work and all travel lanes are not open to traffic ninety (90) minutes after the notice to proceed.

If the Vendor was ordered to stop their roadway clearance activity by Fire Rescue, FHP, local law enforcement or the Department authorized representative, the Vendor will not be penalized for the time they were delayed This extended time must be documented by the authorized representative of the District or incident commander at the incident scene.

4. LIQUIDATED DAMAGES

If the Vendor has not completed the removal and clearance of the vehicles, non-hazardous cargo, debris and vehicle fluids after three hours from the Notice to Proceed, and all travel lanes are not open to traffic as a result, a flat rate of $600 can be assessed against the Vendor at the discretion of the authorized representative of the District. An additional $600 will be assessed for each additional hour or $10 per minute it takes the Vendor to completely open the roadway to traffic.

Exemptions to the Liquidated Damages Provisions:

Incidents involving trucks hauling a Hazardous Material cargo that by direction of the Department authorized representative require special precautions. Incidents involving damage to the roadway infrastructure that prohibit reopening the travel lanes.

5. BILLING

The Vendor shall bill the Department for services rendered only upon receipt of a Confirming Letter of Authorization (LOA) issued by the Department following completion of services. The Department’s LOA shall identify the location where services were authorized to be performed, the services to be compensated, and the rate to be paid as set forth in this agreement. The Vendor’s invoice shall reference the services being billed and the LOA number.

6. INVOICES

The Vendor agrees to provide the District with copies of all invoices billed to insurance companies of vehicles involved in RISC activation.

7. All elements of a RISC activation shall be completely documented by the Vendor. This shall include photographs, estimated traffic count, time of day, lanes blocked, and duration of incident.

Exhibit C

EXHIBIT “C”

PROPOSER’S AREA OF COVERAGE

(Check the box(es) to indicate the highway segments(s) your firm wants to cover)

HIGHWAY SEGMENT CHECK YOUR COVERAGE AREAS

I-75 From SR-826(Palmetto Exp.) to Miami-Dade/Broward County line

SR 836/I-395 From NW 7th Ave. to west end of Mac Arthur Causeway Bridge

SR-826/Palmetto Expressway

From SR-5/US1/South Dixie Highway to SR-7 at the Golden

Glades Interchange

SR9A/I-95 From SR5/US1/South Dixie Highway to Miami-

Dade/Broward County line

SR-112/I-195 From NW 12th Ave. to SR- 907/Alton Road

SR-970/Downtown Distributor

From SR9A/I-95 to SE 2nd Ave./SR-5/US1 Biscayne

Boulevard

SR-997/Krome Avenue From SR-94/Kendall Drive to SR- 25/US27/Okeechobee Road

SR-

25/US27/Okeechobee

Road

From SR 826 to Miami- Dade/Broward County Line

MacArthur Causeway/State Highway A1A

From the West end of MacArthur Causeway Bridge to Alton Road

EXHIBIT “D”

PROPOSAL FORMS FOR

pg. D- 1

EXHIBIT “D”

PROPOSAL FORMS FOR

RAPID INCIDENT SCENE CLEARANCE (RISC)

Print or type, include additional sheets if required.

Name of Vendor: ___________________________________________________________________________

Business address: ______________________________________________________________________________

Business Telephone No.: ___________________________

Fax Telephone No.: _______________________________

24 hour Telephone No.: ____________________________

E-Mail Address: __________________________________

Please check the appropriate space:

_____Sole Proprietorship _____Partnership

_____Joint Venture _____Corporation

State of Florida Registration Number: __________________________________________

Years this Vendor has been in the Towing and Recovery Business: _______ years.

Names of ultimate equitable Owner/Owners and Officers:

_________________________________________Years experience in towing: _______

_________________________________________Years experience in towing: _______

_________________________________________Years experience in towing: _______

_________________________________________Years experience in towing: _______

The date the Vendor began operating under this name:_______________________________

Locations (City/County): ________________________________________________________

pg. D- 2

Complete this form for each garage or tow yard:

Address:______________________________________________

City:_____________________________________________

State:_____________ Zip:_________ Phone: ( )______________ Fax: (

Does the applicant own or lease the business buildings and/or adjoining land at each of these sites?

Please explain:_________________________________________________________________________

If leased, provide the owners name and address and term of the lease:

Owner’s Name: __________________________________ Term of lease(s):_______________________

Address:____________________________________________ City:_____________________________

State:_____________ Zip:_________ Phone: ( )_______________ Fax: (

Indicate dates leases expire.________________________ Is there an option to renew?________________

How long has the garage or tow yard been operating at this location?________________________

Size of garage:___________________________________

List hours of Operation for the:

Garage _______ to ________ Tow Yard office________ to________

Name of business if the garage is used as a vehicle repair business.

_______________________________________________________ Number of mechanics_______

Size of secure storage yard ____________________ Is it fenced? ______

List the types of additional security arrangements or elements utilized

Indicate the closest access point to the highway coverage areas you’ve checked in Exhibit “C”and route to be taken from your garage:_______________________________________________________________

Distance from garage to this Highway access point _________________Miles

pg. D- 3

Travel time for a Recovery Truck to the access point: Day _________ Night ________

Wreckers and Equipment

List on the following page, each of the Recovery Trucks that will be used to qualify for this contract with the following detailed information:

TRUCK CHASSIS:

1. Make and model and year

2. V I N

3. GVW, Wheel base, Number of axles

4. Engine make, horsepower and torque output

5. Details of driveline

6. Push Bumper (Yes or No)

RECOVERY WRECKER:

1. Wrecker and body manufacturer and model

2. Winch capacity

3. Boom capacity and reach

4. Under-lift capacity and reach

(Refer to Attachment "B, Equipment and Vehicle Requirements.)

pg. D- 4

Description of Recovery Wrecker Equipment

UNIT #1:

UNIT #2:

Optional

OTHER UNITS:

pg. D- 5

Additional Trucks and Heavy Equipment

List with a detailed description all additional Vendor-owned or leased equipment that is required for this contract.

(See the listed equipment requirements)

For each piece of equipment indicate:

Make, model, capacity, year, Serial number or VIN:

pg. D- 6

Use additional sheets as needed

Subcontractor Equipment and Service Providers

List your subcontracted service providers with which agreements exist to respond to the District on a 24-hour basis as required by this contract.

Indicate company name, address, phone, type of equipment and location the equipment will be deployed from:

pg. D- 7

STAFF

Qualifications and Experience

List of all Operators including Owners

Note: This information will be used to qualify the Vendor and if needed for background and security checks

Full Name:

CDL Type and License number:

State of Issue:

Date of birth:

Date of hire:

Provide complete detailed description of towing experience, formal training attended and certification level attained along with dates:

(Please indicate if the employee is in training)

pg. D- 8

Attach Project description, dates, photos and locations of successfully completed projects.

PUR 1000

General Contract Conditions

Contents

1. Definitions.

2. Purchase Orders.

3. Product Version.

4. Price Changes Applicable only to Term Contracts.

5. Additional Quantities.

6. Packaging.

7. Inspection at Contractor’s Site.

8. Safety Standards.

9. Americans with Disabilities Act.

10. Literature.

11. Transportation and Delivery.

12. Installation.

13. Risk of Loss.

14. Transaction Fee.

15. Invoicing and Payment.

16. Taxes.

17. Governmental Restrictions.

18. Lobbying and Integrity.

19. Indemnification.

20. Limitation of Liability.

21. Suspension of Work.

22. Termination for Convenience.

23. Termination for Cause.

24. Force Majeure, Notice of Delay, and No Damages for Delay.

25. Changes.

26. Renewal.

27. Purchase Order Duration.

28. Advertising.

29. Assignment.

30. Antitrust Assignment

31.…