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HomeMy WebLinkAboutR-02-0385J-02-227 3/19/02 RESOLUTION NO. 02— 385 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ACQUISITION OF GROUNDWATER, SURFACE WATER AND SOIL CONTAMINATION CLEANUP SERVICES FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FROM VARIOUS VENDORS, AS MORE PARTICULARLY SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. DBD PROJECT NO. E98-DERM-01, EFFECTIVE THROUGH JULY 17, 2003, AND ANY EXTENSIONS, WITH THE OPTION TO EXTEND BY MUTUAL WRITTEN CONSENT OF THE PARTIES FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $1,406,100; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 311700.429301.6.340, SUBJECT TO AVAILABILITY OF FUNDS. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The acquisition of groundwater, surface water and soil contamination cleanup services for the Department of General Services Administration from various vendors, as more particularly set forth in "Exhibit A", attached and incorporated, under existing Miami -Dade County Contract No. DBD Project No. E98-DERM-01, effective through July 17, 2003, and any My C`4M89S,&3AB' EEm AFS 1 1 2002 1"o:ufion No. (� V2- 385 extensions, with the option to extend by mutual written consent of the parties for two additional one-year periods, in a total annual amount not to exceed $1,406,100, is approved, with funds allocated from Capital Improvement Project No. 311700.429301.6.340, subject to availability of funds. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!' PASSED AND ADOPTED this 11th day of April 2002. &NUEL DIAZ, MA ATTEST: PRISCILLA A. THOMPSON CITY CLERK D CORRECTNESS:V Y ATTORNEY W6077:tr:LB 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 0 2 _, 3 EnIBIT nen DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT E98-DERM-01 SERVICE PROVIDERS (Resolution No. R-699-00) ATC Group Services, Inc. 9955 NW 116 Way, Suite 1-5 Miami, Florida 33178 Ph: (305) 882-8200 Fax: (305) 882-1200 Contact: Mark E. Lynch Stephen Wiehe, cell: (305) 608-9131 Email: . alo-e,..o.o cniw BND Engineers, Inc. 1200 NW 78 Avenue, Suite 400 Miami, Florida 33126 Ph: (305) 599-8495 Fax: (305) 597-9312 Contact: Basil S. Williams Kevin Keane �iO r ao%aonv Nova Consulting, Inc. 2701 Ponce de Leon Blvd, Suite 203 Coral Gables, Florida 33134 Ph: (305) 448-9535 Fax: (305) 448-9733 Contact: Maria Molina, cell: (786) 325-8070 Barnes, Ferland and Associates, Inc. Miami: 190 Ives Dairy Road, Suite 202 Miami, Florida 33179 Ph: (305) 651-1223 Fax: (305) 651-3302 Orlando: 3655 Maguire Blvd, Suite 150 Orlando, FL 32803 Ph: (407) 896-8608 Fax: (407) 896-1822 Contact: Patrick Barnes, cell: (407) 353-4200 �isd.aesCA? �au..o.o..me,rra! �..s- Roger Simon Ecoloev and Environment, Inc. 8000 Governors Square Blvd. Suite 300 Miami Lakes, Florida 33016 Ph: (305) 822-9959 Fax: (305) 822-5958 Contact: Manuel Vergara Roque Rokovich -mac@a..«e*Pm J.J. Sosa & Associates, Inc. 13701 SW 88 Street, Suite 304 Miami, Florida 33186 Ph: (305) 752-9070 Fax: (305) 752-9779 Contact: Jose J. Sosa Randy Sosa Ana Caveda a.caveda@jjsosa.com IT Corporation 14350 Commerce Way Miami Lakes, Florida 33016 Ph: (305) 818-1888 Fax: (305) 231-7403 Contact: Ricardo Fraxedas 818-2635 Tom McSweeney 818-2630 John Lore 818-2633 Dames & Moore Group, Inc. 700 S Royal Poinciana Blvd, Suite 1000 Miami Springs, Florida 33166 Ph: (305) 884-8900 Fax: (305) 884-2665 Contact: Michael J. Nardone Paula Sessions .ir�.Aec ./ia.e%..e� roaens�c� C:\WINNnProfites\HLBadia-Moro\Temporary Intemet Fi1es\0LK26\QERM 01 CONTRACTORS.doc 02— CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM :*vtF' er RECOMMENDATION CA -6 DATE: APR - 1 2002 FILE: SUBJECT: Proposed Resolution Authorizing Procurement Of REFERENCES: Groundwater, Surface Water & Soil Contamination Cleanup ENCLOSURES: Services for G.S.A. It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the procurement of complete groundwater, surface water and soil contamination cleanup services for the General Services Administration fuel facility, from various vendors, as listed in "Exhibit A" attached hereto, utilizing existing Miami -Dade County Contract, DBD Project No. E98-DERM-01, in a total amount not to exceed $1,406,100. Funding is available from Capital Improvement Project No. 311700.429301.6.340, subject to the availability of funds. BACKGROUND The Department of General Services Administration has a need to utilize Miami -Dade County Contract DBD Project No. E98-DERM-01 for the complete groundwater, surface water and soil contamination cleanup services of the General Services Administration fuel facility. The fuel facility is in critical need to be brought up to code and in compliance with Miami -Dade County Ordinances. The Department of General Services Administration wishes to remove existing soil contamination that represents a threat to the environment. py CAG AJM/11 02— 385 Budgetary Impact Analysis 1. Department General Services Adm. Division Fleet 2. Agenda Item # (if available) 3. Title and brief description of legislation or attach ordinance/resolution: Resolution authorizing the procurement of complete groundwater, surface water and soil contamination cleanup services for the General Services Administra ion 'j,cl Via CjI;tg - - ---- — - 4. _ Is this item related to revenue? NO: YES of yes, skip to item #7.) 5. Are there sufficient funds in Line Item? YES: r Index Code Minor Obj. Code Amount $ NO: _ Complete the following questions.- 6. uestions.6. Source of funds: Amount budgeted in the Line Item $ Amount needed in the Line Item $ Sufficient funds will be transferred from the following line items: 7. Any additional comments? _ CIP Project No. 311700.429301.6.340, in a total amount not to exceed $1,406,100, subject to the availability of funds. 8. i D- FOR DEPARTMENT OF MANAGEMENT AND BUDGET USE ONLY Verified by: ACTION ACCOUNT NUMBER ACCOUNT NAME TOTAL Department of Management and Budget Director esigne Date 2 L a L _ IndezWnor Object/Project No. From $ To $ 7. Any additional comments? _ CIP Project No. 311700.429301.6.340, in a total amount not to exceed $1,406,100, subject to the availability of funds. 8. i D- FOR DEPARTMENT OF MANAGEMENT AND BUDGET USE ONLY Verified by: Verified by: Department of Management and Budget Director esigne Date 2 L a L _ Budget Analyst Date 02-� 3S5 RESOLUTION NO. 699-00 RESOLUTION AUTHORIZING EXECUTION OF SIX (6) $8,570,000 MAXIMUM COMPENSATION, NON-EXCLUSIVE PROFESSIONAL SERVICES AGREEMENTS TO PROVIDE GROUNDWATER, SURFACE WATER AND SOIL CONTAMINATION CLEANUP SERVICES (PROJECT NO. E98-DERM-01), AND AUTHORIZING THE COUNTY MANAGER TO EXERCISE EXTENSION AND CANCELLATION. PROVISIONS CONTAINED THEREIN; APPROVING THE CREATION OF TWO (2) ADDITIONAL "NO -MEASURE", $4,285,000 MAXIMUM COMPENSATION, NON-EXCLUSIVE PROFESSIONAL SERVICES AGREEMENTS FORT THE ABOVE SERVICES AND THEIR AWARD TO BARNES, FERLAND AND ASSOCIATES, INC. AND DAMES & MOORE GROUP, INC., RESPECTIVELY; AND AUTHORIZING THE COUNTY MANAGER TO EXECUTE SAID ADDITIONAL AGREEMENTS AND TO EXERCISE THE EXTENSION AND CANCELLATION PROVISIONS CONTAINED THEREIN BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI- DADE COUNTY, FLORIDA, that this Board: Section 1. Approves the six (6) $8.570,000 maximum compensation, non-exclusive professional services agreements between Miami Dade County and ATC Group Services, Inc.; Ecology and Environment, Inc.; IT Corporation; J.J. Sosa and Associates, Inc.; Nova Consulting, Inc.; and BND Engineers, Inc. to provide groundwater, surface water and soil contamination cleanup services (Project No. E98-DERM-01), in substantially the form of the agreement attached hereto and made part hereof; and authorizes the County Manager to execute same for 02- 385 Approved Mayor Amen Veto Substitute ' " -.. • .. ,:;.j;��rt; Override Agenda Item No. 6(b)(?j(K�y /-6-00 RESOLUTION NO. 699-00 RESOLUTION AUTHORIZING EXECUTION OF SIX (6) $8,570,000 MAXIMUM COMPENSATION, NON-EXCLUSIVE PROFESSIONAL SERVICES AGREEMENTS TO PROVIDE GROUNDWATER, SURFACE WATER AND SOIL CONTAMINATION CLEANUP SERVICES (PROJECT NO. E98-DERM-01), AND AUTHORIZING THE COUNTY MANAGER TO EXERCISE EXTENSION AND CANCELLATION. PROVISIONS CONTAINED THEREIN; APPROVING THE CREATION OF TWO (2) ADDITIONAL "NO -MEASURE", $4,285,000 MAXIMUM COMPENSATION, NON-EXCLUSIVE PROFESSIONAL SERVICES AGREEMENTS FORT THE ABOVE SERVICES AND THEIR AWARD TO BARNES, FERLAND AND ASSOCIATES, INC. AND DAMES & MOORE GROUP, INC., RESPECTIVELY; AND AUTHORIZING THE COUNTY MANAGER TO EXECUTE SAID ADDITIONAL AGREEMENTS AND TO EXERCISE THE EXTENSION AND CANCELLATION PROVISIONS CONTAINED THEREIN BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI- DADE COUNTY, FLORIDA, that this Board: Section 1. Approves the six (6) $8.570,000 maximum compensation, non-exclusive professional services agreements between Miami Dade County and ATC Group Services, Inc.; Ecology and Environment, Inc.; IT Corporation; J.J. Sosa and Associates, Inc.; Nova Consulting, Inc.; and BND Engineers, Inc. to provide groundwater, surface water and soil contamination cleanup services (Project No. E98-DERM-01), in substantially the form of the agreement attached hereto and made part hereof; and authorizes the County Manager to execute same for 02- 385 Am ed Substitute Agenda Item No. 6(D)(1)(K) Page No. 2 and on behalf of Miami -Dade County and to exercise the extension and cancellation provisions therein. Section 2. Approves the creation of two (2) additional "no -measure", $4,285,000 maximum compensation, non-exclusive professional services agreements to provide the same services as the above mentioned agreements, with terms and conditions in substantially the form of the agreement attached hereto and made a part hereof; and awards said additional "no - measure" agreements to Barnes, Ferland and Associates, Inc. and Dames & Moore Group. Inc. and authorizes the County Manager to execute same for and on behalf of Miami -Dade County and to exercise the extension and cancellation provisions contained therein. The foregoing resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Katy Sorenson , who Dermis C. Moss , and Dr. Miriam Alonso absent Bruno A. Barreiro aye - Dr. Barbara M. Carey -Shuler MY Miguel Diaz de la Portilla aye Betty T. Ferguson absent Gwen Margolis � Natacha Seijas Millan ay Jimmy L. Morales Jimmy absent Dennis C. Moss aye � Reboredo a9+e Dorrin D. Rolle Katy Sorenson Javier D. Souto aye 02- 335 Amens.... Substitute Agenda Item No. 6(D)(1)(K) Page 3 The Chairperson thereupon declared the resolution duly passed and adopted this 6th da.' of July, 2000. This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this MIAMI -DARE COUNTY, FLORIDA BY ITS BOARD OF •�� GO a�;ti�6 COUNTY COMMISSIONERS o 01 'f COUNTY HARVEY RUVIN, CLERK „� a 0 `° By: KAY SULLIVAN Deputy Clerk Approved by County Atto to form and legal sufficiency. f 02- 385 NON-EXCLUSIVE PROFESSIONAL SERVICES AGREEMENT THIS NON-EXCLUSIVE AGREEMENT (the "Agreement") is made and entered into this 1 t day of , 2000, by and between Miami -Dade County, a political subdivision of the Stato of Florida, (hereinafter referred to as the "COUNTY"), and IT Corporation (hereinafter referred to as the "SERVICE PROVIDER"). WITNESSETH: For and in consideration of the mutual agreements hereinafter contained, the COUNTY hereby retains the SERVICE PROVIDER and the SERVICE PROVIDER hereby covenants to provide the professional services prescribed herein in.connection with Groundwater, Surface Water and Soil Contamination Cleanup Services for Miami -Dade County Facilities (Project No.E98-DERM-01). f wI..T AT L. A1TL Responsibilities of the COUNTY 1.1 The COUNTY agrees to make available to the SERVICE PROVIDER any plans and other data available in the COUNTY files pertaining to the Work to be performed under this Agreement. Information shown on such plans or data shall be that which has been made available to the COUNTY, and shall be available to the SERVICE PROVIDER without guarantee regarding its reliability or accuracy; the SERVICE PROVIDER shall be responsible for independently verifying such information if it shall be used by the SERVICE PROVIDER to accomplish the work to be performed pursuant to this Agreement (the " Work" ). 1.2 The Director of the Miami -Dade County --Department of Environmental Resources Management (DERM) or his authorized designee (hereinafter referred to as the "DIRECTOR"), shall issue written authorization to proceed to the SERVICE PROVIDER for each section of the work to be performed at assigned sites. In case of emergency, as determined by the COUNTY, the DIRECTOR reserves the right to issue verbal authorization to the SERVICE PROVIDER with the understanding that a cost proposal shall be submitted by the SERVICE PROVIDER immediately thereafter. The SERVICE PROVIDER shall be given notice (which may be amended from time to time as applicable) regarding persons who are the authorized designees of the DIRECTOR for the purposes of this Agreement. 1.3 The DIRECTOR shall confer with the SERVICE PROVIDER before any work order is issued to discuss and agree upon the scope, time for completion, and fee for Page 1 of 22 02— 385 services to be rendered pursuant to this Agreement. The DIRECTOR will schedule regular meetings with the SERVICE PROVIDER and provide guidance with respect to the required professional services. l�ffTTAT L� TT 1/1 Responsibilities of the SERVICE PROVIDER 2.1 The SERVICE PROVIDER shall provide professional services which may include, but may not be limited to: A. Performing environmental rehabilitation at Miami -Dade County owned and/or operated sites that are contaminated with petroleum, petroleum products and/or non -petroleum products in accordance with Chapters 62-770, 62-782 and 62-785 of the Florida Administrative Code (FAC), and Chapter 24 of the Miami -Dade County Code, and all applicable regulations. B. Performing the installation, modification, repair, replacement, abandonment and/or removal of any underground or aboveground storage facilities in accordance with Chapter 62-761 FAC, and Chapter 24 of the Miami -Dade County Code. C. Other related environmental work necessary for the cleanup of the groundwater, surface water and/or soil contamination not identified above. 2.2 The SERVICE PROVIDER must accept or decline an assignment within two (2) working days of receipt of an assignment letter from the DIRECTOR. 2.3 The SERVICE PROVIDER shall submit a detailed cost proposal upon the DIRECTOR's request prior to the issuance of a work'-vrder. No payment shall be made for the SERVICE PROVIDER's time or services in connection with the preparation of any such proposal. 2.4 The SERVICE PROVIDER shall submit to the DIRECTOR a copy cf a site-specific health and safety plan for each assigned site as required by OSHA. 2.5 The SERVICE PROVIDER shall include in its cost proposals the names of all subcontractors responsible for any portion of the Work. All cost proposals, which are prepared based on subcontractor participation, must include the detailed subcontractor quotes itemizing all costs for labor, equipment and material and shall be prepared in accordance with Article Three of this Agreement. Page 2 of 22 02— 385 2.6 Upon receipt of authorization to proceed from the DIRECTOR and from the requesting Department's authorized representative (hereinafter referred to as the "USER DEPARTMENT" ), the SERVICE PROVIDER agrees to perform professional services associated with the requested Work in accordance with the negotiated terms of the applicable work order, the DBD PROJECT NO. E98-DERM-01 Notice to Professional Consultants, and this Agreement. 2.7 The SERVICE PROVIDER agrees to ensure the quality of the Work performed by the SERVICE PROVIDER and by all subcontractors and agrees to guarantee compliance of the Work with all applicable standards and regulations. 2.8 Within five (5) working days of receipt of any letter from the DIRECTOR regarding the SERVICE PROVIDER's performance of the Work, the SERVICE PROVIDER shall provide a written response that clearly explains the issue(s) of concern and includes proposed actions to immediately remedy the situation and a plan to prevent any recurrence of a similar issue. 2.9 The SERVICE PROVIDER agrees to perform the professional services authorized under this Agreement and that said services shall not be subcontracted unless so authorized by the DIRECTOR. 2.10 In connection with professional services to be rendered pursuant to this Agreement, the SERVICE PROVIDER further agrees to: A. Maintain at all times an adequate staff of qualified personnel assigned to perform the Work to ensure its complietion as specified in the applicable work order (s) B. Comply with all federal, state and local laws and regulations applicable to the work. C. Cooperate fully with the DIRECTOR in the scheduling and coordination of all phases of the Work and notify the DIRECTOR in writing prior to commencing site activities and include in each cost proposal timelines or timeframes for the commencement and completion of each phase of the project. D. On a monthly basis or other frequency established by the DIRECTOR, provide status and invoicing reports for each project to the DIRECTOR and maintain pertinent data, calculations, field notes, records, sketches, and other Work products open to the inspection of the. COUNTY at any time. The right of inspection shall include the right to make copies. Page 3 of 22 0 3 � ei E. Submit for COUNTY review and comments computations, sketches, and other data representative of the work's progress at the percentage stages of completion which may be stipulated in the applicable work order. Submit for COUNTY approval the final Work products upon incorporation of any modifications requested by the COUNTY during any previous review. F. Confer with the COUNTY at any time during the further assessment or remediation of any sites for which the SERVICE PROVIDER has provided prior assessment, remediation, or other services as to interpretation of data, plans and other documents, correction of errors or omissions and performance of any necessary additional Work. The SERVICE PROVIDER shall not be compensated for the correction of errors or omissions. G. Determine the most appropriate method of recovery of contaminants under the particular circumstances. H. Provide for the transportation and disposal of recovered contaminants in a lawful manner. Any transporter of recovered contaminants must be properly licensed and maintain all permits required by federal, state and local laws, as applicable. Also, the contaminant disposal facility must be approved by the COUNTY prior to disposal of the contaminants. I. Throughout the term of this Agreement, maintain in accordance with generally accepted accounting principles and practices all records directly pertinent to the performance of Work under this Agreement. These records must be made available to the COUNTY upon request, and the COUNTY shall have the right to make copies of such records. J. Not discriminate based on sex, race, creed or national origin with regard to obligations, Work and servicds'Jlerformed under this Agreement. The SERVICE PROVIDER agrees to comply with Executive Order No. 11246 entitled "Equal Employment Opportunity" as amended by Executive Order No. 11375, as supplemented by the Department of Labor Regulations (41 CFR, Part 60). K. Include any additional conditions which may be required by the DIRECTOR or by the USER DEPARTMENT in the applicable cost proposals. L. Provide detailed explanations regarding invoices and related documents to the DIRECTOR upon request. M. Provide on a quarterly basis or upon modification, a certified.payroll, as reported to the IRS, for all SERVICE PROVIDER employees performing Work under this Agreement which identifies the office locations of each employee listed. N. Notify the DIRECTOR of any planned meetings or communications with the USER DEPARTMENT which may affect the scope of work of a project prior to Page 4 of 22 Q- 185 or after issuance of a work order. ARTICLE THREE Compensation 3.1 The maximum amount payable to the SERVICE PROVIDER for the aggregate of all fees and costs during the Agreement's effective term, including all extensions under Article Four, shall not exceed $8,570,000. NO GUARANTEE IS MADE THAT ANY AMOUNT SHALL IN FACT BE AUTHORIZED BY WORK ORDER FOR PAYMENT TO THE SERVICE PROVIDER. 3.2 The COUNTY agrees to pay and the SERVICE PROVIDER agrees to accept, for services rendered pursuant to this Agreement, fees computed in accordance with one or a combination of the methods outlined below: A. Fee as a Multiple of Direct Salary Cost and Fixed Hourly Rate 1. The fee for professional services rendered by the SERVICE PROVIDER's personnel, Principals and Senior Project Managers excluded, shall be computed based on the direct salary cost, as reported to the Internal Revenue Service, for the time of said personnel engaged directly in the Work, times a negotiated multiplier of 2.85. This fee shall constitute full compensation to the SERVICE PROVIDER for costs incurred in the performance of the Work such as overhead, fringe benefits, general and administrative costs (clerical costs, accounting costs, vehicular mileage costs for cars and trucks), operating margin, and all other costs not covered by reimbursable expenses. The highest direst-=balary including the multiplier shall not exceed $85 per hour. 2. The SERVICE PROVIDER shall be compensated at the flat rate of $95 per hour for the time of the Senior Project Manager engaged directly in the Work and shall at no time exceed 10% of the total management and professional labor hours to perform the Work at the discretion of the DIRECTOR. The flat rate of $95 per hour shall not be subject to the negotiated multiplier and shall be applied to the authorized time spent by the Senior Project Manager. The Senior Project Manager shall be assigned on a project basis by the work order. 3. The SERVICE PROVIDER shall be compensated at the flat rate of $100 per hour for the time of the Principals engaged directly in the Work and shall at no time exceed 5% of the total management and professional labor hours to perform the Work. The flat rate of $100 Page 5 of 22 02- 3 v B B C per hour shall not be subject to the negotiated multiplier and shall be applied to the authorized time spent by the following Principal(s): 1. Thomas J. McSweeney 2. Ricardo Fraxedas Upon mutual agreement between the DIRECTOR and the SERVICE PROVIDER, the Principals identified above may be substituted, provided the total number of Principals does not exceed the number of Principals listed above. 4. Overtime work shall be authorized by the DIRECTOR and shall be compensated at 1.1 times the premium pay portion of the overtime service for hours exceeding 40 per week for personnel other than Principals and Senior Project Managers. Principals and Senior Project Managers shall not receive additional compensation for performance of overtime work. 5. During the term of this Agreement, the DIRECTOR may adjust the rates of compensation for the Multiple of Direct Salary Cost and Fixed Hourly Rate basis of compensation, excluding the multiplier, every three (3) years. Such adjustment will be based on the cumulative change of the Consumer Price Index for the Miami urban area since the beginning of the term of this Agreement; provided, however, the increase for any three year period shall not exceed an aggregate total of ten percent (10%). Lump Sum Fee 1. The fee for any specifically described portion of Work may, at the option of the COUNTY, be a lump sum mutually agreed upon by the COUNTY and the SERVICE PROVIDER and stated in the written work order. 2. At the option of the DIRECTOR, the SERVICE PROVIDER shall include a detailed cost breakdown in its proposal for lump sum projects. 3. The COUNTY reserves the right to request a fee credit when a reduction in the work has occurred after issuance of a work order. 4. The amount due of invoices submitted shall be calculated by using a schedule of values or payment milestones or applying the percentage of the total work completed to date to the authorized lump sum, and subtracting any previous payments, as specified in the work order. Bidding of Projects 1. The COUNTY may choose to competitively bid among the SERVICE PROVIDERS any design/build project. Page 6 of 22 0- X85 3.3 The SERVICE PROVIDER shall be compensated for certain work-related expenses not covered by fees for professional services, provided such expenditures are previously authorized by the DIRECTOR. Reimbursable expenses may include, but not be limited to, the following: A. A mark-up not to exceed ten percent (1010, as mutually agreed during negotiation of a work order of the actual cost to the_SERVICE PROVIDER on subconsultant and subcontractor fees. B. A total mark-up not to exceed five percent (5"s), as mutually agreed during negotiation of a work order, of the actual cost of the purchase and rental -of approved equipment, material and supplies. Purchased items shall remain the property of the COUNTY upon Work completion. C. Living and traveling expenses of employees and principals on authorized business, as limited by Miami -Dade County Administrative Order No. 6-1, "Travel on County Business". For purposes of this Agreement, all personnel are assumed to be residents of Miami -Dade County and all travel would originate in Miami -Dade County. Costs associated with vehicular travel within Miami -Dade, Broward and Palm Beach counties will not be reimbursed. D. Printing and reproduction costs will be reimbursed at the same or lower rates paid by the COUNTY to its vendors. Printing and mailing costs for the SERVICE PROVIDER's coordination and other in-house uses will not be reimbursed. E. Long distance telephone charges, except charges for calls made to telephone numbers in Miami -Dade, Broward, and Palm Beach counties. 3.4 The SERVICE PROVIDER shall not be compensated for labor and other work-related costs and expenses which exceed the maximum authorized compensation amount of a work order and which were incurred without prior written authorization from the DIRECTOR, except in instances where verbal authorization -was issued by the DIRECTOR. If, during the performance of authorized Work, it becomes apparent that the maximum authorized compensation of a particular work order will not be sufficient to cover the cost of the Work covered by the work order, the SERVICE PROVIDER shall immediately notify the DIRECTOR and submit a detailed estimate of anticipated additional costs. The DIRECTOR may, at his sole discretion, increase the maximum compensation amount of the work order or elect another course of action, including reassignment of the site to another SERVICE PROVIDER, if the anticipated additional costs submitted are deemed, in the sole discretion of the DIRECTOR, to be unacceptable. In the event of site Page 7 of 22 ® _ 385 reassignment, the original SERVICE PROVIDER will be compensated only for the completed portions of the authorized Work. 3.5 The SERVICE PROVIDER shall not be compensated for costs and expenses associated with the use of funds from Contingency or Allowance Accounts without prior .written authorization from the DIRECTOR. 3.6 In accordance with Sec. 287.055(5)(a), Florida Statutes (1991), the SERVICE PROVIDER hereby certifies and warrants that wage rates and other factual unit costs and of any cost(s) for equipment or supplies are accurate, complete and current as of the date of this Agreement, or of said negotiation, as applicable. It is further agreed that said compensation shall be adjusted to exclude any significant sums by which the COUNTY shall determine that such costs were increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such agreement adjustments shall be made within three (3) years from the date of final billing or acceptance of the Work by the COUNTY, whichever is later. 3.7 The SERVICE PROVIDER shall prepare and submit invoices as detailed below: A. Each invoice must reference the particular work order which authorized the services rendered, must contain a paragraph attesting to the veracity and correctness of the amount due and must be signed by the SERVICE PROVIDER's pro3ect manager. B. Invoices must be fully itemized and accompanied by original receipts, logs or other documentation to support'''t'4 invoiced amount, as necessary. The cost of services must be calculated in accordance with Article Three of this Agreement. The amount due shall be the sum of the amounts due for all authorized Work performed to. date pursuant to work order, less previous payments or retainage. No payment shall be made for the SERVICE PROVIDER's time or services in connection with the preparation of invoices or related documents. C. Concurrent to submission of an invoice to the USER DEPARTMENT, the SERVICE PROVIDER shall submit a copy to: Department of Environmental Resources Management Pollution Control Division 33 S.W. 2 Avenue, Suite 800 Miami, Florida 33130 Attn.: Jose Gonzalez, P.E., Chief Page 8 of 22 02- 385 ARTICLE FOUR Effective Term of the AGREEMENT 4.1 This Agreement shall remain in full force and effect for a period of three (3) years after its date of execution (although actual completion of the services hereunder may extend beyond such term), unless terminated by mutual consent of the parties hereto or as provided in Article Ten hereof. The.SERVICE PROVIDER shall be compensated in accordance with Article Three hereof for the performance of services which are specifically and properly authorized prior to the expiration date of this Agreement and which have been initiated prior to such expiration date, but which are completed after the Agreement's effective term. 4.2 This Agreement may be extended upon the same terms and conditions by mutual written consent of the parties for two (2) additional periods of one (1) year each with no additional increase in the maximum compensation limit. The maximum amount payable to the SERVICE PROVIDER for the aggregate of all services authorized shall not exceed $8,570,000. ARTICLE FIVE Indemnification 5.1 To the extent permitted by Florida law, the SERVICE PROVIDER agrees to defend, indemnify, save and hold the COUNTY, its agents, assigns, and employees, harmless from all claims or causes of action, including costs and attorneys' fees, and all judgments whatsoever, involving personal injury, bodily injury, death, or property damage, arising out' -of' any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the SERVICE PROVIDER, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement, in the same manner and to the same extent as if the COUNTY were identified as an Additional Insured within the SERVICE PROVIDER's insurance program. The SERVICE PROVIDER shall defend the COUNTY in any action arising under this Agreement, in the name of the COUNTY if necessary. This paragraph shall not be construed as intending to indemnify the COUNTY for claims arising out of the sole negligence of the COUNTY. The SERVICE PROVIDER further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. Page 9 of 22 0 2 W 3 8 55 Insurance 6.1 The SERVICE PROVIDER shall not commence any Work pursuant to this Agreement until all insurance required under this Article has been obtained and such - insurance has been approved by the COUNTY's Risk Management Division. The SERVICE PROVIDER shall maintain during the term of this Agreement the following insurance: A. Worker's Compensation Insurance for all employees of the SERVICE PROVIDER as required by Florida Statute 440, as presently written or hereafter .amended. B. Public Liability Insurance, on a comprehensive basis, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. The COUNTY must be named as an additional insured with respect to this coverage. C. Pollution Liability Insurance in an amount not less than $500,000 combined single limit per occurrence. D. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the Work, in an amount not less than $500,000 per occurrence combined single limit for bodily injury and property damage. Under no circumstances is the SERVICE PROVIDER permitted on Miami -Dade County airport property, Airside Operation Area, without increasing automobile coverage to $1,000,000. E. Professional Liability Insurance in the amount of $1,000,000 with deductible per claim, if any, not to exceed ten percent (10e) of the limit of liability providing for all---afutts which the SERVICE PROVIDER shall become legally obligated to pay as damages for claims arising out of the services performed by the SERVIC$7bAOVIDER or any person employed by the SERVICE PROVIDER in connection with this Agreement. 6.2 The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflects the operations of the SERVICE PROVIDER. 6.3 All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida. The Company must be rated no less than "B as to management, and 'no less than "Class V" as to strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of Page 10 of 22 02- 385 85 the COUNTY's Risk Management Division, or, the companies must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida", issued by the State of Florida Department of Insurance and be members of the Florida Guaranty Fund. 6.4 The SERVICE PROVIDER shall furnish certificates of insurance to the Risk Management Division, Suite 2340, Miami -Dade Center, 111 N.W. First Street, Miami, Florida 33128-1987 prior to the commencement of operations, which certificates shall clearly indicate that the SERVICE PROVIDER has obtained insurance in the type, amount, and classification as required for strict compliance with this Article and that no material change or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the COUNTY. 6.5 Compliance with the foregoing requirements shall not relieve the SERVICE PROVIDER of the liabilities and obligations under this Article or under any other portion of this Agreement. The SERVICE PROVIDER shall not commence any Work pursuant to this Agreement until all the required insurance coverages have been obtained and such insurance has been approved by the COUNTY's Risk Management Division. ARTICLE SEVEN Performance and Payment Bond 7.1 The SERVICE PROVIDER shall execute, re:Cor;ld In the public records of the COUNTY and deliver to the DIRECTOR a payment and performance bond in an amount not less than Fifty Thousand dollars ($50,000) in the form provided in Sec. 255.05 of the Florida Statutes. Said bond shall be attached hereto, and made a part of this Agreement. The requirement that the SERVICE PROVIDER shall provide this bond is in addition to all other requirements of this Agreement pertaining to indemnification and insurance, and shall not be construed as a limitation on the extent of SERVICE PROVIDER's responsibility or liability pursuant to the indemnification and insurance provisions of this Agreement. 7.2 Before commencing any environmentally -related construction work authorized under this Agreement, the SERVICE PROVIDER shall execute, record in the public records of the COUNTY and deliver to the DIRECTOR a Public Construction Bond in the form provided in Sec. 255.05 of the Florida Statutes in an amount not less Page 11 of 22 09,— 38.) than the full amount of the Work. The requirement that the SERVICE PROVIDER shall provide this bond is in addition to all other requirements of this Agreement pertaining to indemnification and insurance, and shall not be construed as a limitation on the extent of SERVICE PROVIDER's responsibility or liability pursuant to the indemnification and insurance provisions of this Agreement. ARTICLE EIGHT Professional Independence of the SERVICE PROVIDER 8.1 It is. understood and agreed that the SERVICE PROVIDER is not an agent, employee or representative of the COUNTY, nor does it have authority to act on behalf of the COUNTY or any of its agencies. The SERVICE PROVIDER is, and shall remain, an independent professional with respect to all services performed under this Agreement. No partnership relationship between the COUNTY and the SERVICE PROVIDER is created or intended by this Agreement. No associate or employee of the SERVICE PROVIDER shall be deemed to be an employee of the COUNTY for any purpose whatsoever. ARTICLE NINE Assignment 9.1 This is an Agreement for unique professional services and the SERVICE PROVIDER's obligations hereunder are not assignable, except as and to the extent proposed by the SERVICE PROVIDER's submittal to the COUNTY during the selection process. 9.2 The SERVICE PROVIDER shall not otherwise assign, transfer, pledge, hypothecate, surrender, or otherwise encumber or dispose of any of its rights under this Agreement, or any interest in any portion of same, without the prior written consent of the COUNTY, pursuant to its policy on subcontractor substitution. Retainage 10.1 The COUNTY reserves the right to establish the amount and application of retainage on a task assignment basis. A maximum of lot from each payment to the SERVICE PROVIDER may be retained pending satisfactory completion of a task assignment and approval of all deliverables. Page 12 of 22 02- 385 ARTICLE ELEVEN Liquidated Damages 11.1 At the option of the COUNTY and unless otherwise agreed, Liquidated Damages will be assessed against the SERVICE PROVIDER due to Non -Excusable Delays for each day the work exceeds specified deadlines and Liquidated Indirect Costs will be recoverable by the SERVICE PROVIDER due to Excusable Compensable Delays for each day the delay causes the Work to exceed specified deadlines. The above shall be determined and detailed in the work order. ARTICLE TWELVE Cancellation or Termination 12.1 It is expressly understood and agreed that the County Manager may terminate this Agreement, in whole or in part, without cause or penalty, by thirty (30) days prior written notification from the County Manager in which event the COUNTY's sole obligation to the SERVICE PROVIDER shall be payment, in accordance with Article Three, for those units or sections of Work previously authorized. Such payment shall be determined on the basis of the hours or percentage of Work performed by the SERVICE PROVIDER up to the time of termination. In the event partial payment has been made for professional services not performed, the SERVICE PROVIDER shall return such sums to the COUNTY within ten (10) days after receipt of written notice that said sums are due. 12.2 In the event the SERVICE PROVIDER fails;.to comply with the provisions of this Agreement, the DIRECTOR may declare the SERVICE PROVIDER in default by ten (10) days 'prior written notification. In such event, the SERVICE PROVIDER shall only be compensated for any completed professional services. If partial payment has been made for such professional services not completed, the SERVICE PROVIDER shall return such sums to the COUNTY within ten (10) days after receipt of written notice that said sums are due. The SERVICE PROVIDER shall be compensated on a percentage of the professional services which have been performed at the time the DIRECTOR declares a default. In the event the COUNTY prevails in litigation to enforce the provisions of this Article, the COUNTY shall be compensated by the SERVICE PROVIDER for reasonable attorney's fees and court costs. Page 13 of 22 _�a 0� ARTICLE THIRTEEN Ordinances 13.1 The SERVICE PROVIDER agrees to abide and be governed by Miami -Dade County • ordinances which may have a bearing on the Work contemplated hereunder, including but not limited to Chapter 24 (Metropolitan Miami�Dade County Code), as amended, Ordinance No. 72-82 (Conflict of Interest Ordinance), as amended, and Ordinance No. 77-13 (Financial Disclosure), as amended, Ordinance No. 82-37 (Affirmative Action Plan Certification), Ordinance No. 90-133 (Disclosure of Ownership, Collective Bargaining Agreement, and Employee Wages, Health Care Benefits, Race, National Origin and Gender), Ordinance No. 90-143 (Responsible Wages), Ordinance No. 91-142 (Family Leave), as amended by Ordinance No. 92-91, Ordinance No. 93-118 (Family Leave Act), Ordinance No. 92-15 (Drug Free Workplace), Resolution No. R-202-96 and Resolution No. R-206-96 (Restrictions on Travel and Transaction of Business with Firms Doing Business with Cuba), Resolution No. R-1049-93 (Affirmative Action Plan Furtherance and Compliance), Ordinance No. 94-40 (Prompt Payment), Ordinance No. 94-73 (Value -Analysis and Life -Cycle Costing), Resolution No. R-385-95 (Policy prohibiting contracts with firms violating the ADA and other laws prohibiting discrimination on the basis of disability), Ordinance No. 95-178 (Entity must submit Delinquent or Currently due Fees or Taxes Affidavit), Ordinance No. 97-35 (Policy of Fair Subcontracting Practices), as amended, Ordinance No. 98-30 (County Contractors Employment and Procurement Practices). Ordinance No. 97-104 (Listing of Subcontractors and Suppliers on County Contracts), Ordinance No. 97-172 and Administrative Order 3-26 (Ordinance amending Section 2-10.4 requiring certain agreements for Professional Architectural and Engineering Services to include Value Analysis as part of the base scope of services), Ordinance No. 97-215 (Establishing the Office of the Inspector General), Resolution No. R-1006-97 (Approving A.O. No. 3-24 for Responsible Wages and Benefits in accordance with Ordinance No. 90-143), Resolution No. R-1206-97, superseded by Resolution No. R-702-98 (Project Fresh Start -Welfare -to -Work Initiative), Resolution R-358-99 (to amend Welfare Reform), Ordinance No. 98-106 (Cone of Silence), Resolution No. R-516-96 and Administrative Order 3-20 (Independent Private Sector Inspector General (IPSIG) Services), which are incorporated herein by reference, as if fully set forth herein, in connection with the SERVICE PROVIDER's obligations hereunder. Copies of the Aforementioned Ordinances and Resolutions may be attained at the Clerk of the Board's Office. Page 14 of 22 02- 385 13.2 The SERVICE PROVIDER shall comply with the financial disclosure requirements of Ordinance No. 77-13 by filing, within thirty (30) days of the execution of this Agreement, one of the following with the Miami -Dade County Elections Department, P.O. Box 012241, Miami, FL 33101: • A. A source of income statement OR B. A current certified financial statement OR • C. A copy of the SERVICE PROVIDER's current Federal Income Tax Return. 13.3 The SERVICE PROVIDER shall complete and submit the attached affidavits which correspond to the following: A. Ordinance No. 90-133 (Disclosure of Ownership, Collective Bargaining Agreement, and Employee Wages, Health Care Benefits, Race, National origin and Gender) B. Ordinance No. 91-142 (Family Leave), as amended by Ordinance No. 92-91 C. Ordinance No. 92-15 (Drug Free Workplace) D. Resolution No. R-202-96 and Resolution No. R-206-96 (Restrictions on Travel and Transaction of Business with Firms Doing Business with Cuba) E. Resolution No. R-385-95 (Policy prohibiting contracts with firms violating the ADA and other laws prohibiting discrimination on the basis of disability). ARTICLE FOURTEEN Affirmative Action and Contract Measures 14.1 The SERVICE PROVIDER's Affirmative Action Plan submitted pursuant to Ordinance 82-37, as approved by the Department af--Business Development and any approved update thereof, are hereby incorporated as contractual obligations of the SERVICE PROVIDER to Miami -Dade County hereunder. The SERVICE PROVIDER shall undertake and perform the affirmative actions specified herein. The DIRECTOR may declare the SERVICE PROVIDER in default of this agreement for failure of the SERVICE PROVIDER to comply with the requirements of this paragraph. 14.2 Pursuant to Miami -Dade County Ordinance, the SERVICE PROVIDER is required to submit monthly a Utilization Report (Form M 200) and an Employee Data Report (Form M 201) with the COUNTY'S Department of Business Development and DERM, on or before the tenth (10th) working day following the end of the month. The report covers the amount of contract monies received from the COUNTY under this and all other County projects. The monthly reports shall specify the amounts of money that have been paid by the SERVICE PROVIDER directly to certified Page 15 of 22 0" .- .`ri Community Small Business Enterprises (CSBE), as these are defined in the County Code, which perform part of the work. Authorized representatives of each certified CSBE firm shall sign the report(s) verifying the participation of the CSBE firm on the contract and receipt of the monies listed. The monthly reports are to be submitted to (1) the Department of Business Development, 175 NW 1 Avenue, 28th Floor, Miami, FL 33128-1835 and (2)- the Department of Environmental Resources Management, Pollution Control Division, 33 SW 2 Avenue, Suite 800, Miami, Florida 33130-1540, Attention: Jose Gonzalez, P.E., Chief. ARTICLE FIFTEEN Paragraph Headings 15.1 The paragraph headings appearing herein shall not be deemed to govern, limit, modify or in any manner, affect the scope, meaning or intent of the provisions of this Agreement. No representations or warranties shall be binding upon either party unless expressed in writing herein. ARTICLE SIXTEEN Audit Rights 16.1 The COUNTY reserves the right to audit the records of the SERVICE PROVIDER related to this Agreement at any time during the prosecution of the work included herein and for a period of three (3) years after completion of this Agreement. The SERVICE PROVIDER agrees to provide copies of any such records upon request by the COUNTY. ARTICLE SZVE!QTEEN Right of Decisions 17.1 The DIRECTOR shall have the sole right to determine on which units or sections of the Work the SERVICE PROVIDER shall proceed and in what order. Any written work order(s) issued by the DIRECTOR shall cover in detail toe scope, time for completion and maximum compensation for the services requested and authorized in connection with each unit or section of Work. 17.2 All services shall be performed by the SERVICE PROVIDER to the satisfaction of the DIRECTOR, who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services hereunder, and the character, quality, amount and value thereof. The DIRECTOR's decisions upon all claims, questions and disputes shall be final, conclusive and binding upon all the Page 16 of 22 0 2- 3 8 5 parties hereto unless such determination is clearly arbitrary or unreasonable. In the event the SERVICE PROVIDER does not concur with the decisions of the DIRECTOR, the SERVICE PROVIDER shall present any such objections in writing to the County Manager. The DIRECTOR and the SERVICE PROVIDER shall abide by the decisions of the County Manager. This paragraph does not constitute a waiver of either party's right to proceed in a court of competent jurisdiction. ARTICLE EIGHTEEN ownership of Documents and Information 18.1 All reports, documents and other data developed by the SERVICE PROVIDER pursuant to this Agreement shall become the property of the COUNTY without restrictions or limitations upon their use. Reuse of such data by the COUNTY for any purpose other than that for which it was prepared shall be at the COUNTY's sole risk. When each individual section of Work requested, pursuant to this Agreement is complete, all of the above data shall be delivered to the DIRECTOR. ARTICLE NINETEEN Agreement Open to Public 19.1 This Agreement, with its appendices, is a public record and is subject to public inspection under Chapter 286, Florida Statutes, popularly known as the "Government in the Sunshine Law". When the SERVICE PROVIDER advises the COUNTY in writing of the sensitive nature of information claimed to be proprietary, to the extent that Chapter 286, Florida Statutes, allows proprietary information to be withheld from public inspection i-..i#ie..COUNTY shall respect the sensitive nature of such proprietary information and not reveal such information only to the extent allowed by law. ARTICLE TWENTY Subcontracting 20.1 The SERVICE PROVIDER shall not subcontract any Work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the SERVICE PROVIDER shall cause the names of the firms responsible for each separate specialty of the Work to be inserted in the pertinent documents or data. No assignment or transfer of Work will be allowed. Page 17 of 22 02-- 385 ARTICLE TWENTY-ONE Warranty 21.1 The SERVICE PROVIDER warrants that no companies or persons, other than bona fide employees working solely for the SERVICE PROVIDER or its COUNTY -approved subconsultants, have been retained or employed to solicit or secure this Agreement or have been paid or guaranteed payment of any. fees, commissions, percentage fees, gifts or any other considerations contingent upon or resulting from the award or making of this Agreement. The SERVICE PROVIDER also warrants that no COUNTY personnel, whether a full-time or part-time employee, has or shall. be retained or employed in any capacity, by the SERVICE PROVIDER or its COUNTY approved subconsultants, to accomplish the work contemplated under the terms of this Agreement. For breach or violation of this warranty, the County Manager shall have the right to cancel this Agreement without liability. ARTICLE TWENTY-TWO Notices 22.1 Any notices, reports or other written communications from the SERVICE PROVIDER shall be considered delivered when posted by certified mail or delivered in person to the DIRECTOR. Any notices, reports or other communications from the COUNTY to the SERVICE PROVIDER shall be considered delivered when posted by certified mail to the SERVICE PROVIDER at the last address left on file with the COUNTY or delivered in person to said SERVICE PROVIDER or its authorized representative. ARTICLE TWENTY'=THREE Miami -Dade County Inspector General 23.1 Pursuant to Ordinance 97-215, Miami -Dade County has established the Office of Inspector General which may perform random audits on any County contract throughout the duration of each contract. The cost of the audit for this contract shall be IX of 1% of the total contract amount which cost the SERVICE PROVIDER agrees is included in the total contract amount. The audit cost will be deducted by the County from progress payments to the SERVICE PROVIDER. The audit shall be included in all change orders to this contract and all contract renewals and extensions. Accordingly, the audit cost will be deducted from progress payments to the SERVICE PROVIDER pursuant to all change orders, contract renewals and extensions. 23.2 The Miami -Dade Office of Inspector General is authorized and empowered to Page 18 of 22 0 2 3 8 5 review past, present and proposed programs, contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in conformance with plans, specifications and applicable law. The Inspector General is empowered to retain the services of independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications,.bid/proposal submittals, activities of the SERVICE PROVIDER, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. 23.3 The Inspector General shall have the right to inspect and copy all documents and records in the SERVICE PROVIDER possession, custody or control which in the Inspector General's sole judgement, pertain to performance of the contract, including, but not limited to original estimates files, change order estimate files, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, bid/proposal and contract documents, back -change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesa-tl documents and records. 23.4 The provisions in this section shall apply to the SERVICE PROVIDER, its officers, agents, employees, subcontractors and suppliers_ The SERVICE PROVIDER shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the SERVICE PROVIDER in connection with the performance of this contract. 23.5 Nothing in this section shall impair any independent right to the County to conduct audits or investigate activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the SERVICE PROVIDER or third parties. Page 19 of 22 ®2- 385 ARTICLE TWENTY-FOUR Project Fresh Start 24.1 In accordance with Resolution No. R-702-98, as amended by Resolution No. R- 358-99, any entity entering into new, and renewing or extending existing contracts with Miami -Dade County, shall make monetary contributions to Project Fresh Start, the County's welfare -to -work initiative. The: resolution, with its contractual requirements and provisions, became effective on June 26, 1998, and was amended effective April 23, 1999. The resolution applies to contracts for goods and services, including construction, which results in the actual payment of $500,000 or more by the County to a contracting entity. If five percent (5%) of the entity's workforce consists of individuals who reside in Miami -Dade County and who have lost or will lose cash assistance benefits (formerly Aid to Families with Dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the entity may request a waiver of the requirements of R-702-98, as amended by R-358-99. 24.2 Contributions to Project Fresh Start shall be based on the following scale: If the entity has a contract with the County that results in actual payment of an amount between: $500,000 to $1,000,000 the entity shall contribute $5,000 $1,000,001 and $5,000,000 the entity shall contribute $10,000 $5,000,001 and $10,000,000 the entity shall contribute $20,000 $10,000,001 and over the entity shall contribute $25,000. ARTICLE TWENTY-FIVE Promvt Pavment 25.1 Miami -Dade County Ordinance No. 94-40 provides for expedited payments to small businesses by Miami -Dade County agencies and the Public Health Trust; creates dispute resolution procedures for payment of Miami -Dade County and Public Health Trust obligation; and requires the SERVICE PROVIDER to issue prompt payments and have the same dispute resolution procedures as Miami -Dade County for all small business subcontractors. Failure of the SERVICE PROVIDER to issue prompt payment to small businesses or to adhere to its dispute resolution procedures may be cause for suspension, termination, and debarment, in accordance with the terms of this Agreement and debarment procedures of the County. Page 20 of 22 02- 385 ARTICLE TWENTY-SIX Entirety of Agreement 26.1 This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. 26.2 No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing, signed by both parties hereto, and approved by the Board of County Commissioners. 26.3 This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida, and venue shall be in Miami -Dade County, Florida. Page 21 of 22 02- 2 385 IN WITNESS WHEREOF, the parties have oxeouted those present& this �� day of J 2000. ATTEST: ATTEST: IT Corporation By: 'Z Richard R. Conte Vice President, Treasurer MIAMI DADE COUNTY, FLORIDA BY ITS BOARD OF B FCounty Manager (Corporate Seal) By: Page 22 of 22 0- 385 11/04/99 THU 19:34 FAX November 4, 1999 ow DEPARTMENT OF BUSINESS DEVELOPMENT Post-iC Fax Now 7671Paw To -. a 1 . +' Fmn coJDept Co. Phone phone'r Fax # Fax # RE: Department of Environmental Resources Management Groundwater, Surface Water and Soil Contamination Cleanup Services for Miami Dade County Facilities DBD Project No. E98-DERM-01 ADDENDUM NO. 1 Ladies\Gentler nen: Attached is a copy of Addendum No. 1 to the "Notice to Professional Consultants" for the above referenced consultant selection and Exhibit "A", Addendum No. 1 Acknowledgment Form. Please be sure to acknowledge receipt of this Addendum on the form provided and fax back to the Department of Business Development at the number listed. Also; please include a copy of the executed Acknowledgment Form in your submittal. Sincerely, Jose Luis Posada, RA. Consultant Coordinator Attachments 02- 385 MD x001 1/04/99 THU 19:34 FAX DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT GROUNDWATER, SURFACE WATER AND SOIL CONTAMINATION CLEANUP SERVICES FOR MIAMI DADE COUNTY FACILITIES DBD PROJECT NO. E98-DERM-01 November 4, 1999 ADDENDUM NO,1 TO ALL RESPONDENTS TO THE "NOTICE TO PROFESSIONAL CONSULTANTS" FOR THE SELECTION OF CONSULTING FIRMS FOR THE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGENIENT GROUNDWATER, SURFACE WATER AND SOIL CONTAMINATION CLEANUP SERVICES FOR MIAMI DADS COUNTY FAMMES (E98-DERM- 01), TO BE SUBMITTED ON NOVEMBER 19,1999. The following changes are hereby made to the original "Notice to Professional Consultants" document for the subject project All other provisions of the original "Notice to Professional Consultants" remain unchanged. 1. Interested firms, responding as a sole consultant or prime consultant, can only have one opportunity to compete for one agreement within an advertised selection project Therefore, interested firms can only submit one original proposal and the required number of copies, within the advertised selection project - 2. Interested firms must choose responding . as a prime consultant or subconsultant within an advertised selection project. a If a firm chooses to respond as a prime consultant, it can not participate as a subconsuitaat in another proposal - b. If the firm chooses to respond as a subconsultaat it can not participate as a prime consultant, but may participate as a subconsuitant on more than one proposal. 3. If the advertised selection project includes set-aside contract measures, interested firms that are eligible for the set-aside professional services agreements, must choose for which set-aside professional services agreement they wish to be considered - Page 1 of 3 Q 002 02- 385 11/04/99 TSU 19:35 FAX 003 4. If the advertised selection project includes set-aside contract measure and no measures, interested firms that are eligible for the set-asidc professional services agreements, must choose if they want to be considered for the set-aside or the no measure (open competitive) professional services agreements. a_ If the fum chooses to be considered for the set-aside professional services agreements, it can not participate on the no measure (open competitive) professional services agreements and must specify for which set-aside professional services agreement they wish to be considered. Failure to do so shall result in their proposals being considered for the no measure (open competitive) professional services agreements. b. if a fum chooses to be considered for the no measure (open competitive) professional services agreements, it can not participate on the set-aside professional services agreement. 5. If a respondent is in violation of any of the above conditions, then all affected proposals shall be considered as non-responsive proposals. 6. Joint ventures, association of firms, or use of individuals as subconsultants, will not be allowed. 7. Please be advised that the deadline for receipt of written questions in menner described in the "Cone of Silence" section of the subject Notice to Professional Consultants, shall be the end of business day of November 8, 1999. This is a reminder that, in accordance with Ordinance No. 98-186 ("Cone of Silence"), all bidders and proposers must file a copy of any written communication with the Clerk of the, Board, which shall be made available to any person upon request. The County shall respond in writing and a file a copy with the Clerk of the Board, which shall be made available to any person upon request. The attached Exhibit W, Addendum No. 1 Acknowledgment Form is to be faxed back to the Department of Business Development upon execution and a copy is to be included in the response. Page ? of 3 02— 385 11/04/99 TSU 19-35 FAX DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT GROUNDWATER, SURFACE WATER AND SOIL CONTAMINATION CLEANUP SERVICES FOR MIAMI -DARE COUNTY FACILITIES DBD PROJECT NO. E98 -DF -RM -01 10=n uAn ADDENDUM NO.1 ACKNOWLEDGMENT FORM Name of Responding Firm: Received Addendum No. 1 dated Novembcr 4, 1999 on Authorized Signature: Name: Title: After acknowledged, PLEASE FAX BACK to the Department of Business Development at (305; 349-5915. Be sure to also include a copy in your submittal. Q004 Page 3 of 3 02- 385 Ill M!"N 011M L4 7�' ;27 , wil Nv; 17; e"O l, jg1-1 I -1 011; -ice'-_�-_: :E � r rl`-w--�>r';'� �, — � � =� Development Court House Center Building 175 NW First Avenue 281h Floor FL 3121 Phone (305) 349-5950 Fax (305) 349-5915 -7-7— ZT z L4 7�' ;27 , wil Nv; 17; e"O l, jg1-1 I -1 011; -ice'-_�-_: :E � r rl`-w--�>r';'� �, — � � =� Development Court House Center Building 175 NW First Avenue 281h Floor FL 3121 Phone (305) 349-5950 Fax (305) 349-5915 -7-7— IMPORTANT � Attention Attention Attention PLEASE BE ALERT Each proposal (original and copies) must be individually bound, printed on 8'/," x 11" plain paper (double -sided, wherever possible) and clearly identifying each Performance Data Sheet. Please do not include company brochures. All proposals shall be submitted in sealed envelopes or containers and properly labeled including the information identifying the subject project. Example Miami -Dade Countv Department of Business Development Court House Center 175 NW lst Avenue, 28th Floor Miami, Florida 33128 Attention: Name of Consultant Coordinator Re: DBD Project No. To preclude a late respondent from having an advantage, economic or othenN ise, over the ether respondents, all sealed proposal envelopes and containers received as indicated b,,• the response deadline of 2:00 p.m. local time, shall be opened promptly after 2:00 p.m. and read aloud in DBD's Conference Room No. 2821. Be advised that any and all sealed proposal envelopes or containers received after the first sealed proposal envelope or container has been read aloud shall not be considered. 02-- 385 IMPORTANT MIAMI-DADE COUNTY, FLORIDA NOTICE TO PROFESSIONAL CONSULTANTS DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT GROUNDWATER, SURFACE WATER AND SOIL CONTAMINATION CLEANUP SERVICES FOR NIIAMI-DADE COUNTY FACILITIES DBD PROJECT NO. E98-DERM-01 The County Manager, Miami -Dade County, pursuant to Chapter 287.055, Florida Statutes, and Chapter 2-10.4 of the Miami -Dade County Code, announces that professional services will be required from qualified firms. The services may include, but may not be limited to: 1. Performing environmental rehabilitation at Miami -Dade County owned and/or operated sites that are contaminated with petroleum, petroleum products and/or non -petroleum products in accordance with Chapters 62-770,62-782, and 62-785 of the Florida Administrative Code (FAC), and Chapter 24 of the Miami -Dade County Code, and all applicable regulations. 2. Performing the installation, modification, repair, replacement, abandonment and/or removal of any underground or aboveground storage facilities in accordance with Chapter 62-761 FAC, and Chapter 24 of the Miami -Dade County Code. 3. Other related environmental work necessary for the cleanup of the groundwater, surface water and/or soil contamination, but not identified above. 4. Certain aspects of the work must be performed by or under the supervision of Florida registered professional engineers, who will be required to sign and seal the work product as necessary for the firm. To fulfill such miscellaneous engineering needs and meet the requirements for fast response and specialized services, the Department of Environmental Resources Management (DERM) intends to retain six (6) qualified firms under separate but similar non-exclusive professional services agreements (PSAs). Each agreement will have a maximum compensation of $10,000,000 and an effective term of three (3) years with two one-year renewal options with no additional increase in the maximum compensation limit. No minimum amount of professional services or compensation will be assured to the retained firms. The County reserves the rights to re -use the work* products of the retained consultants, and to retain other consultants to provide the same or similar services at its sole discretion. For questions regarding the technical aspects of the services, please see the "Cone of Silence" section in this solicitation. Please be advised that the selected consultant will be required to abide by all applicable federal, state and local laws and ordinances. Among the applicable local laws and ordinances are: Ordinance No. 72-82 (Conflict of Interest), Ordinance No. 77-13 (Financial Disclosure), Ordinance No. 82-37 (Affirmative Action Plan), Ordinance No. 90-133 (Disclosure of Ownership, Collective Bargaining Agreement, and Employee Wages, Health Care Benefits,ce, National Origin and Gender), Ordinance 90-143 (Responsible Wages), Ordinance No. 91=M (Family Leave) as amended by Ordinance No. 92-91, superseded by Ordinance No. 93-118 (Family Leave Act), Ordinance No. 92-15 (Drug -Free Workplace), Resolution No. R-202-96 and Resolution No. R-206-96 (Restrictions on Travel and Transaction of Business with Firms Doing Business with Cuba), Resolution No. R-221-94 (Requiring Personal Guaranty when entering into a contract with Miami -Dade County concerning environmental issues), Resolution No. R-1049-93 (Affirmative Action Plan Furtherance and Compliance), Ordinance 94-40 (Prompt Page 1 of 7 02- 385 Payment), Ordinance No. 94-73 (Value -Analysis and Life -Cycle Costing) and Resolution No. R-385-95 (Policy prohibiting contracts with firms violating the A.D.A. and other laws prohibiting discrimination on the basis of disability), Ordinance No. 95-178 (Entity must submit Delinquent or Currently due Fees or Taxes Affidavit); `Ordinance No. 97-35 (Policy of Fair Subcontracting Practices), as amended, Ordinance No. 98-30 (County Contractors Employment and Procurement Practices, Ordinance No. 97-104.(Listing of Subcontractors and Suppliers on County Contracts), Ordinance No. 97-172 and Administrative Order 3-26 (Ordinance amending Section 2-10.4 requiring certain agreements for Professional Architectural and Engineering Services to include Value Analysis as part of the base scope of services), Ordinance No. 97- 215 (Establishing the Office of the Inspector General), Resolution No. R-1006-97 (Approving A.O. No. 3-24 for Responsible Wages and Benefits in accordance with Ordinance No. 90-143), Resolution No. R- 1206-97, 1206-97, superseded by Resolution No. R-702-98 (Project Fresh Start -Welfare -to -Work Initiative), Resolution R-358-" (to amend Welfare Reform), Ordinance No. 98-106 (Cone of Silence), Resolution No. R-516-96 and Administrative Order 3-20 (Independent Private Sector Inspector General (IPSIG) Services). Copies of the aforementioned Ordinances and Resolutions may be attained at the Clerk of the Board's Office. 10.00 - Environmental Studies (Prime) 17.00 - Engineering Construction Management To satisfy the technical certification requirements for the requested services, valid technical certification in all of the above specified area(s) of work must be held by a fine responding as a sole consultant, or among a team of firms. Teams of firms must designate one of its members as the "prime consultant". The prime consultant will be held responsible for the coordination of all work and must hold technical certification in Category 10.00 - Environmental Studies. In addition to the technical certification requirements, ALL FIRMS engaged in the practice of engineering, architecture, landscape architecture and/or surveying and mapping, MUST HAVE A VALID TECHNICAL CERTIFICATION issued by the Miami Dade County, for all their area(s) of work, as appropriate to their assigned role in connection with this project and identified in their respective proposals. Technical Certification must be held by all firms at the time of submittal of responses to this "Notice to Professional Consultants", PSA award, and throughout the duration of the PSA. For questions regarding Miami -Dade County's Technical Certification Process, not in connection with this project, Certification Committee meeting dates, and to obtain technical certification request forms, please contact Mr. Jerry Borbolla of the Public Works Department at (305) 375-1925. For Landscape Architecture Technical Certification, not in connection with this project, please contact Mr. Robert H. McLane of the Park and Recreation Department at (305) 755-7836. For questions regarding the technical certification requirements in connection with this project, see the "Cone of Silence" section of this solicitation. All prime firms and any other subconsultants that will conduct sampling of groundwater, surface water and soil under these agreements must obtain written approval of their Comprehensive Quality Assurance Plan from the Florida Department of Environmental Protection as a condition to receive a County agreement. If selected, said approvals must be maintained valid throughout the duration of the Agreement. 02- 385 Page 2 of 7 Additionally, please note that any other licenses, permits, certifications or related approvals which m2y include, but may not be limited to, well drilling license, pollutant storage system specialty contractor license, liquid waste transporter permit, etc., as appropriate, must be current by the response date of this solicitation. All firms properly licensed to provide engineering, architectural, landscape architectural and land surveying and mapping, regardless of their individual assignments in connection with this project, must have an Affirmative Action Plan filed and approved by Miami -Dade County's Department of Business Development (DBD) by the response deadline of this solicitation, in accordance with Ordinance No. 82- 37. In addition to the above, all firms with annual gross revenues in excess of $5,000,000.00 are required by Ordinance No. 98-30 to have their Affirmative Action Plan and Procurement Policies filed with DBD as a condition to receive a County contract. If selected, all firms as identified above must have an active Affirmative Action Plan at time of award and must maintain their certification active throughout the duration of the PSA. PLEASE VERIFY THE AFFIRMATIVE ACTION PLAN STATUS OF EACH FIRM PRIOR TO THE RESPONSE DEADLINE. For questions regarding Miami -Dade County's Affirmative Action Plan Requirements not in connection with this project, please contact Mrs. Amparo D. Cardenas of DBD at (305) 349-5989. For questions regarding Miami -Dade County's Affirmative Action Plan in connection with this project, seethe "Cone of Silence" section in this solicitation. The Contract Measures established for the project consist of the following: One (1) Agreement: Black Business Enterprise (BBE) Set -Aside One (1) Agreement: Women Business Enterprise (WBE) Set -Aside One (1) Agreement: Hispanic Business Enterprise (IBE) Set -Aside Three (3) Agreements with No Contract Measures Due to the lack of availability of certified minority firms for specialized remedial work, Miami -Dade County has allowed for an exemption from the minority set -asides for the following services: Well Drilling and Laboratory Analysis For detailed information regarding the contract measures, refer to the attached "Metropolitan Dade County Florida, Black Business Enterprise Program, Hispanic Business Enterprise Program, Women Business Enterprise Program, Participation Provisions" When conducting any necessary environmentally -related construction tasks under these Agreements, task - specific contract measures requiring minimum participation of certified Community Small Business Enterprises (CSBE) will be assigned in accordance with the CSBE Ordinance, Section 10-33.02 of the Miami -Dade County Code, as amended. For questions regarding the contract measures of this project, please contact Mr. Michael T. Caldwell of DBD at (305) 349-5983. Page 3of7 02- 385 Be advised that to be considered as a Black Business Enterprise (BBE), and/or a Hispanic Business Enterprise (BBE), and/ or a Women Business Enterprise (WBE), as appropriate, a firm must have a current certification as a BBE, and/or a HBE, and/or a WBE, as appropriate, by the response deadline of this solicitation. For questions regarding Miami -Dade County's Minority Certification not in connection with this project, please contact Mr. Amando A. Villanueva of DBD at (305) 349-5965. For questions regarding Miami -Dade County's Minority Certification in connection with this project, see the "Cone of Silence" section in this solicitation. Interested firms must obtain the Performance Data Sheets and submit the appropriate information regarding the firm(s) qualifications. Every firm, whether a sole respondent, a prime consultant firm, or a subconsultant firm, MUST BE RESPONSIVE to ALL the items contained in the Performance Data Sheets. Teams of firms MUST SUBMIT ONLY ONE SET of completed Performance Data Sheets. The Performance Data Sheets consist of the following: L. Complete, execute, notarize and submit the "Lobbyist Registration for Oral Presentation Affidavit." Please be advised that should your firm be invited to make a presentation at the Public Hearing, individuals not listed in this Affidavit will have to register specifically for each presentation, with the Clerk of the Board prior to the Public Hearing, pay the appropriate fee, and bring the receipt to the Public Hearing. 2. Names of firm(s) and specify type of contractual arrangement between or among the firms. For each firm, indicate the ownership's ethnicity and gender. Be advised that changes to the proposed team composition, such as adding, deleting or replacing a firm(s), after the response deadline specified herein, WILL. NOT be considered, FXCEPT upon good cause shown by the proposer and where the County determines that the proposer will not gain a competitive advantage over the other proposers. 3. For each firm, submit proof of authorization to transact business in the State of Florida from the Secretary of the State of Florida, as required. 4. For each firm, submit proof of authorization to offer professional services from the Florida Department of Professional Regulation, as appropriate. 5. Prepare an organizational chart clearly identifying all the firms in the team and their assigned services in connection with this project and include their Miami -Dade County's Technical Certification categories, as appropriate. 6. Identify the professionals and their responsibility in connection with this project, including the Miami -Dade County's Technical Certification categories as appropriate, city and state of residence. Attach full education and experience resumes of Florida registered professionals and other key individuals assigned to the proposed team. 7. For each firm, complete the requested information pertaining to work previously awarded by Dade County and its agencies within the last five (5) years, including Design -Build projects, whereas said firm(s) has entered into DIRECT AGREEMENT(S) with Miami -Dade County as a sole respondent and/or prime consultant. Page 4 of 7 385 8. For each firm, submit the requested information for at least five (5) projects performed within the past ten (10) years which demonstrate experience similar to the requested services. 9. For each firm, complete the requested information concerning the demonstration and documentation of the actions taken in the furtherance of and compliance with the firm's current approved Affirmative Action Plan. 10. For each firm, complete the statistical workforce analysis for the Miami -Dade County office. If a firm does not have an office in Miami -Dade County, then complete for the office which will provide the requested services for this contract and indicate its location. 11. FOR SET-ASIDE AGREEMENTS ONLY. Complete and submit Performance Data Sheet 11 if you are pursuing a set-aside agreement. Please indicate for which set-aside agreement you wish to be. considered: BBE, HBE or WBE. If you fail to indicate .the set-aside, your proposal shall be considered for the open competitive contracts (no contract measures). BE ADVISED THAT FAILURE TO PROVIDE THE ABOVE INFORMATION BY THE RESPONSE DEADLINE SPECIFIED BELOW SHALL LEAD TO DISQUALIFICATION OF YOUR RESPONSE. The Performance Data Sheets may be obtained at the DBD which is located in the Court House Center, 175 NW 1 st Avenue, 28th Floor, Miami, FL 33128. A pre -submittal project briefing for interested parties will be held on OCTOBER 14, 1999 at 3:00 p.m. in the Conference Room of the Citadel Building, 49 NW 5 Street, Miami, Florida. The purpose for the briefing is to provide a more detailed scope of the requested services, review the response requirements, and to afford interested parties any necessary clarifications prior to the response deadline. While attendance IS NOT mandatory, interested parties ARE ENCOURAGED to attend. For questions regarding the pre -submittal project briefing, see the "Cone of Silence" section in this solicitation. Pursuant to Ordinance No. 98-106, as amended, a "Cone of Silence" is imposed upon RFPs, RFQs or bids after advertisement and terminates at the time the County Manager issues a written recommendation to the Board of County Commissioners. The Cone of Silence prohibits communication regarding RFPs, RFQs or bids between potential vendors, service providers, bidders, lobbyists or consultants and the County's professional staff including, but not limited to, the County Manager and the County Manager's staff. A Cone of Silence is also imposed between the Mayor, County Commissioners or their respective staffs and any member of the County's professional staff including, but not limited to, the County Manager and the County Manager's staff. The provisions of Ordinance No. 98-106 do not apply to oral communications at pre-bid conferences, oral presentations before selection committees, contract negotiations during any duly noticed public meeting, public presentations made to the Board of County Commissioners during any duly noticed public meeting or communications in writing at any time unless specifically prohibited by the applicable RFP, RFQ or bid document. Bidders or proposers must file a copy of any written communicatim Arith the Clerk of the Board, which shall be made available to any person upon request. The County shall respond in writing and file a copy with the Clerk of the Board, which shall be made available to any person upon request. Page 5of7 0g— In addition to any other penalties provided by law, violation of Ordinance No. 98-106 by any bidder or proposer shall render any RFP award, RFQ award or bid award voidable. Any person having personal knowledge of a violation of this Ordinance shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Bidders or Proposers should reference the actual Ordinance for further clarification. All questions in connection with this project, shall be in writing and addressed to Mr. Jose Luis Posada, R.A. of DBD or faxed at (305) 349-5915 and copies filed with the Clerk of the Board or faxed at (305) 375-2484. Interested firms MUST SECURE ALL required certifications AND COMPLY WITH ALL the stipulated requirements (Technical Certifications, Affirmative Action Plans, Contract Measures, etc., as appropriate). Respondents eligible for consideration as a set-aside shall choose and specify which set-aside agreement they wish to be considered for; otherwise, they will be considered for the open competitive (no contract measure) agreements. Each proposal shall consist of a Letter of Interest, accompanied by the completed Performance Data Sheets. Each Performance Data Sheet shall be clearly identified. Each proposal (original and copies) must be individually bound in 8%2" x 11" plain paper. Do not include company brochures. Interested firms must submit their proposal in SEALED ENVELOPES OR CONTAINERS. Each sealed envelope or container shall include ONE (1) ORIGINAL PROPOSAL and SEVEN (7) BOUND COPIES. All sealed envelopes and containers shall be delivered to the following location: Miami -Dade County Department of Business Development Court House Center 175 NW 1st Avenue, 28th Floor Miami, Florida 33128 Attention: Mr. Jose Luis Posada, R.A. Re: DBD Project No. E98-DERM-01 All sealed envelopes and containers must be properly labeled and include the above information identifying the subject project. ALL SEALED ENVELOPES AND CONTAINERS MUST BE RECEIVED AT THE DEPARTMENT OF BUSINESS DEVELOPMENT, 175 NW IST AVENUE, 28TH FLOOR, MIAMI, FLORIDA 33128 BY 2:00 P.M., LOCAL TIME, NOVEMBER 19,1999. Please note that pursuant to § 119.07(3xm) of the Florida Statutes, all proposals received will become part of the public record ten (10) days after the response deadline. Each proposal received by DBD shall be stamped with the date and time of receipt, which stamp shall constitute definitive evidence of such date and time. To preclude a late respondent from having an advantage, economic or otherwise, over the other respondents, all sealed proposal envelopes or containers received by DBD at the location shown above by 02- 385 Page 6 of 7 the response deadline of 2:00 p.m. local time, shall be opened promptly after 2:00 p.m. and read aloud in DBD's Conference Room No. 2821. BE ADVISED THAT ANY AND ALL SEALED PROPOSAL ENVELOPES OR CONTAINERS RECEIVED AFTER THE FIRST SEALED PROPOSAL ENVELOPE OR CONTAINER HAS BEEN READ ALOUD SHAT I . NOT BE CONSIDERED. For questions regarding the consultant selection process, see the "Cone of Silence" section in this solicitation. MERRETT R STIERHEIM COUNTY MANAGER MIAMI-DADE COUNTY, FLORIDA HARVEY RUVIN, CLERK KAY SULLIVAN, DEPUTY CLERK Page 7 of 7 02- 385 PERFORMANCE DATA SHEET 1 LOBBYIST REGISTRATION FOR ORAL PRESENTATION 1. PROJECT Title: Groundwater. Surface Water and Soil Contamination Cleanup Services for Miami -Dade County Facilities 2. PROJECT NO: E98-DERM-01 DEPARTMENT: Department of Environmental Resources Management 3. FIRMIPROPOSERS NAME: ADDRESS: ZIP: BUSINESS TELEPHONE: ( ) FAX: ( ) 4. List All Members of Presentation Team Who Will Participate in the Oral Presentation NAME TITLE EMPLOYED BY TELEPHONE NO. (ATTACH ADDITIONAL COPIES OF THIS SHEET IF NECESSARY) The individuals named above are Registered and the Registration Fee is not required for the Oral Presentation ONLY. Proposers are advised that any individual substituted for or added to the presentation team after submittal of the proposal and filing by staff, MUST register with the Clerk of the Board and pay all applicable fees. Other than for the oral presentation, Proposers who wish to address the County Commission, a County board or County committee concerning any action, decision or recommendation of County personnel regarding this solicitation MUST register with the Clerk of the Board (Form BCCFORM2DOC) and pay all applicable fees. 1 do solemnly swear that all the foregoing facts are true and correct and I have read or am familiar with the provision of Section 2-11.1(s) of the Code of Metropolitan Dade County as amended. SIGNATURE OF AUTHORIZED REPRESENTATIVE STATE OF COUNTY OF (Name and Title of Signator, Printed or Typed) The foregoing instrument was acknowledged before me this by , a , (Individual, Officer, Partner or Agent) (Sole, Corporation or Partnership) who is personally known to me or who has produced as identification, and who did/did not take an oath. (Signature of Notary Public Taking Acknowledgment) (Name of acknowledger typed, printed or stamped) (Title or Rank) (Serial Number, if any) 02- 385 PERFORMANCE DATA SHEET 2 PROJECT NO: E98-DERM-01 DEPARTMENT: Department of Environmental Resources Management PROJECT TITLE: Groundwater Surface Water and Soil Contamination Cleanup Services for Miami -Dade County Facilities Sole Respondent ( ) Prime -Sub ( ) Joint Venture NOTE: CHANCES TO THE PROPOSED TEAM COMPOSITION, ADDING, DELETING OR REPLACING A FIRM(S) OR INDIVIDUAL SUBCONSULTANT(S) AFTER THE SUBMITTAL DEADLINE SPECIFIED HEREIN, WILL NOT BE CONSIDERED, EXCEPT UPON GOOD CAUSE SHOWN BY THE PROPOSER AND WHERE THE COUNTY DETERMINES THAT THE PROPOSER WILL NOT GAIN A COMPETITIVE ADVANTAGE OVER THE OTHER PROPOSERS. OWNERSHIP INFORMATION* FIRM NAME ADDRESS ETHNICITY GENDER Street City Street City Street City State Zip Code State Zip Code State Zip Code * r; A firm is considered Non -Hispanic White, Black, Hispanic or Other owned, if it is at least fifty-one percent (51%) owned by Non -Hispanic Whites, Blacks, Hispanics or Others. OJ CR Name of Firm (Sole Respondent or Prime Consultant) Signature Name of Principal PERFORMANCE DATA SHEET 3 PROJECT NO: E98-DERM-01 DEPARTMENT: Department of Environmental Resources Management PROJECT TITLE: Groundwater, Surface Water and Coil Contamination Cleanup Services for Miami Dade County Facilities Attach a copy of authorization to transact business in the State of Florida issued by the Secretary of the State of Florida, as required. Name of Firm .(Sole Respondent or Prime Consultant) Signature Name of Principal Date PERFORMANCE DATA SHEET 4 PROJECT NO: E98-DERM-01 DEPARTMENT: Department of Environmental Resources Management PROJECT TITLE: Groundwater Surface Water and Soil Contamination Cleanup Services for Miami -Dade County Facilities Attach copies of certificates of authorization(s) to offer professional services through the State of Florida Department of Professional Regulation, as appropriate. „,�tm,zIt1J All prime firms and any other subconsultants that will conduct sampling of groundwater, surface water and soil under these agreements must obtain written approval of their Comprehensive Quality Assurance Plan from the Florida Department of Environmental Protection as a condition to receive County contract. If selected, said approvals must be maintained valid throughout the duration of the Agreement. Additionally, please note that any other licenses, permits, or related state approvals which may include, but may not be limited to, well drilling license, pollutant storage system specialty contractor license, liquid waste transporter permit, etc., as appropriate, must be current by the response date of this solicitation. W OO V1 Name of Firm (Sole Respondent or Prime Consultant) Signature Name of Principal Date PERFORMANCE DATA SHEET 5 PROJECT NO: E98-DERM-01 DEPARTMENT: Department of Environmental Resources Management PROJECT TITLE: Groundwater, Surface Water and Soil Contamination Cleanup Services for Miami Dade County Facilities Attach an organizational chart that clearly identifies all the firms in the team and their assigned services in connection with this project and include their Miami -Dade County Technical Certification Category, as appropriate. In addition to the specific technical certifications required for this project, ALL FIRMS engaged in the practice of engineering, architecture, landscape architecture and/or surveying and mapping, MUST HAVE A VALID TECHNICAL CERTIFICATION issued by Miami -Dade County, for all their area(s) of work, as appropriate to their assigned role in connection with this project and identified in their respective proposals. Technical Certification must be held by all firms at the time of submittal of responses to this "Notice to Professional Consultants", PSA award, and throughout the duration of the PSA. PLEASE VERIFY THE CURRENT STATUS OF EACH FIRM'S TECHNICAL CERTIFICATION PRIOR TO THE RESPONSE DEADLINE. O d� W 00 CR Name of Firm (Sole Respondent or Prime Consultant) Signature Name of Principal Date PERFORMANCE DATA SHEET 6 PROJECT NO: E98-DERM-01 DEPARTMENT: Department of Environmental Resources Management PROJECT TITLE: Groundwater Surface Water and Soil Contamination Cleanup Services for Miami -Dade County Facilities In the event our firm(s) is selected to provide consultant services to Dade County, we plan to assign the following professionals to be in responsible charge of the specific categories of work as required: TECHNICAL EMPLOYED BY NAME OF FL. REG. NO. CITY & STATE CERTIFICATION CATEGORIES . (FIRM'S INITIAL) PROFESSIONAL (If appropriate) OF RESIDENCE Principal In Charge Project Manacer Prepare and attach full education and experience resumes of Florida registered professionals and other key individuals assigned to the proposed team. NOT • RESUMES HO LD CLEARLY IDENTIFY THE INDIVIDUALS' FIRMS. i W 00 ame of Firm (Sole Respondent or Prime Consultant) Signature Name of Principal 9 a W OO U1 PERFORMANCE DATA SHEET 7 PROJECT NO: E98-DERM-01 DEPARTMENT: Department of Environmental Resources Management PROJECT TITLE: Groundwater, Surface Water and Soil Contamination Cleanup Services for Miami -Dade County Facilities PREVIOUS DADE Subs COUNTY WORK AS SOLE RESPONDENT AND/OR PRIME CONSULTANT For each firm, complete the requested information for work previously awarded by Dade County and its agencies within the last five (5) years, including Design - Build projects, where said firm(s) has entered into Agreement(s) with Dade County as a sole respondent and/or prime consultant. If no work has been awarded or no work has been authorized pursuant to an executed professional services agreement (PSA) with Dade County, indicate so by writing "None" in the appropriate areas. Name of Firm Date of PSA Award Maximum Comp. Amount Fees for Authorized Work Description of Project/Services Prime Subs Name of Firm (Sole Respondent or Prime Consultant) Signature Name of Principal Date PERFORMANCE DATA SHEET 8 PROJECT NO: E98-DERM-01 DEPARTMENT: Department of Environmental Resources Management PROJECT TITLE: Groundwater Surface Water and Soil Contamination Cleanup Services for Miami -Dade County Facilities RELEVANT EXPERIENCE For each firm, list five (5) projects which have been performed within the past ten (10) years similar to the proposed work (in Size and/or Complexity and/or Budget) and containing the following information: A. Firm's Name B. Client's Name C. Type of Facility or Services D. Projected Budget & Actual Cost E. Project Start Date & Project Completion Date F. Project Description G. Name of Key Individuals Involved in the Project. 1 t� 00 C" Name of Firm (Sole Respondent or Prime Consultant) Signature Name of Principal PERFORMANCE DATA SHEET 9 PROJECT NO: E98-DERM-01 DEPARTMENT: Department of Environmental Resources Management PROJECT TITLE: Groundwater Surface Water and Soil Contamination Cleanup Services for Miami Dade County Facilities AFFIRMATIVE ACTION PLAN FURTHERANCE AND COMPLIANCE Pursuant to Resolution No. R-1049-93, each firm, as well as each member in a team of firms when competing for being considered for the acquisition of professional services under Section 2-10.4 of the Dade County Code, must DEMONSTRATE and DOCUMENT the actions that have been taken In the FURTHERANCE OF and COMPLIANCE WITH the firm's approved Affirmative Action Plan. Therefore, each firm, if a Sole Respondent, or each member in a team of firms (Architectural, Engineering, Landscape Architectural or Land Surveying firm) must complete the following information concerning the implementation of its CURRENTLY approved Affirmative Action Plan: 1. Name of Firm. 2. Affirmative Action Pian: a. Certification Number b. Expiration Date 3. List all recruitment and advertising efforts for Black, Hispanic and Female applicants initiated since the approval of the firm's CURRENT Affirmative Action Plan. 4. Describe any community service activities and/or coordination with Black, Hispanic or Women groups or agencies since the approval of the firm's CURRENT Affirmative Action Plan. 5. Provide the following Information regarding the use of Black, Hispanic and Women -owned* professional firms, consultants, vendors and suppliers, considering public and private sector contracts, since the approval of the firm's CURRENT Affirmative Action Plan: a. Name of firm or individual b. Describe contract/service c. Amount($) d. Public or private sector 6. Discuss the impact this project will have on Dade County's Black, Hispanic and Female population if your team were awarded this contract. A firm is considered Black, Hispanic or Women -owned if it is at least fifty-one percent (51%) owned and controlled by Blacks, Hispanics or Women. 1� Co Oo ame of Firm (Sole Respondent or Prime Consultant) Signature Name of Principal Date PERFORMANCE DATA SHEET 10 PROJECT NO: E98-DERM-01 DEPARTMENT: Department of Environmental Resources Management PROJECT TITLE: Groundwater Surface Water and Soil Contamination Cleanup Services for Miami -Dade County Facilities STATISTICAL WORKFORCE ANALYSIS For each team member, complete the statistical workforce analysis for the Dade County office. If a firm does not have an office in Dade County, then complete for the office which will provide the required services for this contract and indicate its location. WORK FORCE COMPOSITION (ETHNICITY AND (SENDER) Job Category Anglo Black Hispanic Other Combined Totals Mala Female Male Female Male Female Male Female AngloBlack Tisp. Other Principals and Managers Registered Professionals (Not included above) Other Professionals Para Professionals Office and Clerical Others TOTAL BREAKDOWN —� OTAL EMPLOYEES W dame of Firm Signature Date (Sole Respondent or Prime Consultant) Name of Principal PERFORMANCE DATA SHEET 11 PROJECT NO: E98-DERM-01 DEPARTMENT: Department of Environmental Resources Management PROJECT TITLE: Groundwater Surface Water and oil Contamination Cleanup Services for Miami Dade County Facilities Complete and submit Performance Data Sheet l 1 if you are pursuing a set-aside agreement. Please indicate for which set-aside you wish to be considered by placing a "check" in the one of the following: ( ) BBE Set Aside ( ) HBE Set Aside ( ) WBE Set Aside Please be advised that if you fail to indicate the set-asideof inetrest, then your proposal shall be considered for the open competitive contracts (no contract measures). If a lack of availability of certified BBE, HBE or WBE firms to provide services in any of the specified areas of work is encountered, please proceed as described in the attached BBE/HBE/WBE Program's Provisions. Written authorization for any BBE/HBE/WBE substitutions must be secured from the Department of Business Development prior to the submittal deadline, and a copy of the authorization must be attached to this Performance Data Sheet. NAME CONSULTANT TANTS Name of Firm (Sole Respondent or Prime Consultant) Signature Name of Principal CHECK ONE BBE I HBE I WBE BBE/HBE/WBE CERTIFICATION TION DATE I CERTIFICATE Date METROPOLITAN DADE COUNTY FLORIDA Department of Business and Economic Development BLACK*BUSINESS ENTERPRISE PROGRAM (ORDINANCE 94 98 - A.0. 3-3) HISPANIC BUSINESS ENTERPRISE PROGRAM (ORDINANCE 94-95 • A.0. 3-17) WOMEN BUSINESS ENTERPRISE PROGRAM (ORDINANCE 94-94 - A.0. 3-18) PARTICIPATION PROVISIONS There are five (5) contract measures: Set -Asides. Subcontractor Goals, Project Goals, Selection Factors and Bid Preference. THE CONTRACT MEASURE(S) APPLICABLE TO THIS PROJECT: Set -side Subcontractor Goals Project Goals Bid Preference Selection Factor x Department of Business and Economic Development 111 NW 1st Street, Suite 1710 Miami, Florida 33128-1975 (305) 3754132 Fax 3754232 Revised October 1994 02- 385 02— 385 TABLE OF CONTENTS Secfion. bxe A Definitions 3 B. General Information 8 C. Certification 8 D. Contract Measures 9 1. Set -Aside 9 2. Subcontractor Goals 10 3. Bid Preferences 13 E. BBE, HBE, and WBE Selection Factor As F. Pre -Award Compliance - 15 1. Investigatory Meeting 15 2. Determination by MDC 16 3. Informal Hearings by Contracting Officer 16 4. Consideration of Other Bids 16 5. Failure of Bidder to Participate 17 G. Prompt Payment 17 H. Post Award Compliance and Monitoring 17 1. Approval of Subcontracts 17 2. Access to Records 17 3. Monthly Reporting 18 4. Deviations From the Schedule of Participation 18 I. Sanctions for Contractual Violations 20 J. Debarment 21 K. Project Goals - Reserved - 02— 385 Section L. Appendices 1. Project Worksheet 2. Forms a. Schedule of Participation b. Letter of Intent c. Certificate of Unavailability d. Set -Aside List of Subcontractors e. Monthly Employment Data Report f. Monthly Utilization Report g. Bid Preference h. Significant Utilization 3. Certification List 2 22 DBED 101 DBED 102 DBED 103 DBED 104 M-201 M-200 DBED 105 DBED 106 02- 385 A. DEFINITIONS: The definitions in this section apply only to these Participation Provisions, hereafter refereed to as "Provisions". These Provisions shall apply to every bid, request for proposals and contract to which a contract measure is apphed.-The phrase "BBE, and/or HBE, and/or WBE, as appropriate," means to apply the contract measures to this contract as indicated on the cover shut. Only the contract measures and programs indicated on the cover sheet apply. For example: If the cover sheet indicates a 10% subcontractor goal for BBEs and a 20 %subcontractor goal for WBE's, and no subcontractor goals for HBEs, then only BBE and WBE subcoatrscxors goals would apply to this bid. Note: THESE PROVISIONS ARE IN ADDITION TO FEDERAL REQUIREMENTS GOVERNING DISADVANTAGED BUSINESS ENTERPRISES. I. "Approval Letter" means a document issued by DBED at the request of a -BBE, and/or HBE, and/or WBE, as appropriate, or bidder that, based on the- written representations of the BBE, and/or HBE, and/or WBE as appropriate, or bidder, finds n specified activity or scope of work consistent with normal industry practice. 2. "Available or availability" means to have, prior to bid submission, the ability to provide goods or services under a contract, by having: seasonably estimated, uncommitted capacity; all necessary licenses, permits, registrations and certifications; the ability to obtain bonding that is reasonably required consistent with normal industry practice; and the ability to otherwise meet bid specifications. . - 3. "Bid" means a quotation, proposal, letter of interest or offer by any bidder in response to any kind of invitation, request or public aanoumcement to submit such quotation, proposal, letter of interest or offer for a contract. 4. "Bidder" means any person, partnership, ' corporation or other business _ entity that submits a bid. 5. "Bid preference" means an amount deducted from the total bid price in order to calculate the bid price to be used to evaluate the bid. 6. "Black" means a person who is a citizen or lawful resident of the United States and who has origins in any of the Black racial groups of Africa 7. "Black Business Enterprise" or "BBE" means a firm that is owned and controlled by one or more Black individuals, has an actual place of business in Dade County, and is certified in accordance with Ordinance 94-96., and Administrative Order 3-3. S. "BBE selection factor" -means an element specified in bid documents that designates as one criteria for choosing among bids that the bidder is a non -BBE that demonstrates significant utilization of BBEs in accordance with Ordinances 94-96 is a BBE or is a joint venture owned and controlled by a BBE. 3 A)— qQ9 "HBE selection factor" means an element specified in bid documents that designates as one criteria for choosing among bids that the bidder is anon-HBE that demonstrates significant utilization of HBEs in accordance with Ordinances 94-95 is a HBE or is a joint venture owned and controlled by a HBE. "WBE selection factor" means an element specified in bid documents that designates as one criteria for choosing among bids that the bidder is a non-WBE that demonstrates. significant utilization of WSEs in accordance with.Osdinances 94-94 is a WBE or is a - joint venture owned and controlled by a WBE. 9. "Board" mesas the Metropolitan Dade County Board of County Commissioners, Dade County, Florida. 10. "Broker" means an individual or business that acts as a contact -far the purchase of goods or services from a supplier and transfers funds to anion -BBE and/or non-HBE and /or non WBE, as appropriate, in a manner that does not add economic value to the purchase, except where such conduct is normal industry practice. 11. "Certification List" means a list maintained by the Department of Business and Economic Development that contains the names, addresses, and certification expiration date, of certified BBEs, and/or HBEs, and/or WBEs, as appropriate, sorted by trade, service, and/or commodity. 12. "Commercially useful function" means contractual responsibility for the execution of a distinct element of the work of a contract by a business enterprise and the carrying out of its contractual responsibilities by acttially performing, managing, and supervising the work involved other than acting as. a broker. The determinamon. of_whether an activity is a commercially useful function shall include the evaluation of the amount of work subcontracted, normal industry practices, the skills, qualifications, or expertise of the enterprise to perform the work, whether the business owner himself or herself performs, manages, and/or supervises the work involved, and other relevant factors. 13. "Compliance monitor" means the Director of the Department of Business and Economic Development or his or her designee assigned to review compliance pursuant to Ordinances 94-96, 94-95, 94-94 and the Administrative Orders 3-3, 3-17, and 3-18. 14. Contract means an agreement proposed by County staff, or approved by the County Commission in any of the following classes:, L procurement of goods and services not included inthe classes b, c, and d below; 02— 385 2 ii. construction of a public improvement; iii. professional services subject to Section 287.055, Florida Statutes, and Section 2-10.4 of the Code of Metropolitan Dade County; iv. or other professional services including but. not limited to accounting, legal, health care, consulting and management services. V. Contract does not mean an agreement to purchase, Iease, or rent real property; grant licenses, permits, or franchises; operate concessions; or make grants. 15. "Contract Measure" means a set-aside, or a subcontract goal, or a project goal, or a bid preference, or a selection factor, singly or in or any combination. 16. "Contracting Officer" means the person assigned under a . contract, usually a Department Director or his or her designee, who has primary responsibility to monitor the con --met and enforce contract requirements. 17. "County" means Metropolitan Dade County, Florida, a political subdivision of the State of Florida. 18. "Debar" means to exclude a contractor, its individual officers, its shareholders with significant interests, or its affiliated businesses from county contracting and subcontracting for a specified period of time, not to exceed five (5) years. 19. "DBED" means the Metropolitan Dade County Department of Business and Economic Development. 20. "Employment Data Report" means a document completed by a subcontra;ting BBE, and/or HBE, and/or WBE as appropriate; and submitted monthly by the successful bidder on a contract with goals providing information regarding the number, gender, race and ethnicity of the BBE, and/or HBE, and/or WBVs as appropriate, employees. 21. "Goods" means any tangible product, material or supply that is not a service. 22. "Hispanic" means a person who is a citizen or lawful resident of the United States who has origins in Cuba, Mexico, Puerto Rico, Central or South America or other Spanish or Portuguese culture regardless of race. 23. "Hispanic business enterprise or HBE" means a business that is owned and controlled by one or more Hispanic individuals; has its principal place of business in Dade County; and is certified in accordance with Ordinance 94-95 and Administrative Order 3-17 02- 385 24. "Joint venture" means an association of two or more persons, partnerships, corporations, other business entities or any combination of the above, at least one of which is a BBE, and/or HBE, and/or WBE as appropriate, certified in accordance with the relevant ordinance, that is lawfitlly established to carry on a single business activity that is limited in scope and duration. 25. "Joint Venture Agreement" means a document submitted to DBED by a joint venture that provides information regarding the nature of the joint venture. 26. "Letter of Intent" means a letter signed by a subcontracting BBE, and/or HBE, and/or WBE as appropriate, detailing the scope and dollar value of the work to be performed by the BBE, and/or HBE, and/or WBE as appropriate, for the successful bidder on a contract with subcontractor goals. 27. "MDC' means Metropolitan Dade County, Florida. 28. "Owned and controlled" means a business that is at Ieast fifty one (5 1) percent owned by one or mon Blacks, Hispanics or women, as appropriate, or in the case of a publicly owned business, at least fifty one (5 1) percent of the stock of which is owned by one or more Blac1m, Hispanics or women, as appropriate, and whose management and daily business operations are controlled by one•or more such individuals. The determination of whether an owner has demonstrated such control shall include an evaluation of the following: the owner's experience in the industry in which certification is sought; the owner's independence in making business policy and day -today operational decisions; - the owner's technical competency or. knowledge of technical. requirements in the industry in which certification is sought; and other relevant factors. 29. "PMD" means the General Services Administration Procurement Management Division. 30. "Principal Place of Business" means the location at which the business records of the applicant concern are maintained and the location at which the individual who manages the day-to-day operations spends the majority of his/her working hours. 31. Project goal means that a proportion of a total contract value stated as a percentage to be awarded to HBEs in contracts that create a pool of qualified contractors from which the County selects pool members to perform the work of the contract. 32. "Review Committee" or "RC" means the committee established by the County Manager to review proposed projects for the application of contract measures. 33. "Schedule of Participation" means a form contained in the bid documents of a contract with goals on which bidders list at the time of bid submission all BBEs, and/or HBEs, and/or WBE s, as appropriate, to be used to meet the goal, the scope of work each will perform, including the goods or services to be provided, and the dollare of suchZ5 5 6 Z5 work. 34. "Services" means construction, maintenance, alteration, or repair of a public improvement and any performance of work offered for public or private consumption that does not consist primarily of goods. 35. "Set-aside" means the designation of a given contract for competition solely among BBEs, and/or HBEs, and/or WBEs, as appropriate. 36. "Set-aside List of Subcontractors" means a form contained in the bid documents of set-aside contracts for services identifying the work the bidder will perform with his own forces and, listing at time of bid submission, all subcontractors, the scope of work each will perform, including the services each will provide, and the dollar value of such work. 37. "Significant Utilization" means purchases of goods or services from BBEs, and/or HBEs, and/or WBEs as appropriate, by a bidder in the_preceding twenty-four (24) months that: were not required under governmental contract measures or Minority Business Enterprise Program; and were not a nominal amount relative to the bidder's purchases of goods and services in Dade County, the bidder's overall purchases of goods and services, and the availability of BBEs, and/or HBEs, and/or WBEs, as appropriate; and were pursuant to the bidder's systematic efforts to - eliminate discrimination against BBEs, and/or HBEs, and/or WBEs, as appropriate, in its purchases of goods and services in Dade County. 3 8. "Subcontractor goal" means a proportion of a total contract value stated as a percentage to be subcontracted to a BBE, and/or. HBE, and/or WBE, as appropriate, to perform a commercially useful fimction. 39. "Successful bidder" -means the bidder to which the contract is awarded. 40. "Unavailability Certificate" mesas a document signed by a BBE, and/or HBE, and/or WBE, as appropriate, stating that the BBE, and/or HBE, and/or WBE, as appropriate, is not available to participate on a specific project at a specific time. 41. "Utilization Report" means a. report completed by the successful bidder on a contract with goals and submitted monthly Iisting all work performed in the past- month by the BBEs, and/or HBEs, and/or WBEs, as appropriate identified on the Schedule of Participation and all expenditures made in the last month to the ie-ntified BBEs. 42. "Women " means persons of the female gender, regardless of nue or ethnicity. 43. "Women business enterprise or VIBE " means a business that is owned and controlled by one or more women; has its principal place of business in Dade County; and is 7 02- 385 certified in accordance with Ordinance 94-94 and Administrative Order 3-18. 44. "Work" means the provision of goods or services, including construction. B. GENERAL INFORMATION 1. The bidder shall fully comply with these Provisions which implement Metropolitan Dade County Ordinances 94-94, 94-95, and 94-96 and Administzative Orders 3-18, 3-17 and 3-3, respectively. 2. Five individual contract measures are possible tinder -the Black Business Enterprise Program (Ordinance 94-96 and Administrative Order 3-3), the Hispanic Business Enterprise Program (Ordinance 94-95 and Administrative Order 3-17) and the Women Business Enterprise Program (Ordinance. 9494 and Administrative Order 3-18): set -asides, subcontractor goals, bid preferences, project goals, and BBE, and/or HBE, and/or WBE, selection factors. While neither a bid preference nor a -BBE and/or HBE and/or WBE selection factor may be applied to set-aside contract, contract measures may otherwise be used in combination with each other. For instance a set-aside contract for WBEs may also contain subcontractor goals for BBEs and HBEs. The contract measure(s) applicable to this contract is indicated on the cover sheet of these Provisions. MDC shall not award a contract to any bidder which it determines fails to comply with all the applicable r,ogttirements of these Provisions. 3. A certification list is included as an appendix to assist bidder compliance with any subcontractor goal established for this project The certification list is updated every two (2) weeks. Bidders must utilise the most current certification list in complying with these Provisions. A current certification list may be obtained by contacting the Metropolitan Dade County WC) Department -of Business . and Economic Development (DBED) at 111 N.W. 1st Street, Suite 1710 or by telephone at (305) 375-4132, facsimile (305) 375-4232. In order to jj2rticip2te as a RRF_ and/or HRR. and/or WEE. as a^nrnnriate. an this contract; s BBE. and/or UBE. and/or WEFT as s^nroiate. must hays a vaiid eertifiestion at the time of bid submiI{;], bid sward and throughout the duration of the eontraet in which the BBE and/or HEF snd/or WBE as a te.,112LLicipstes as a BBM and/or HBE. and/or WBE. 4. MDC shall monitor the compliance of the successful Bidder with 'the requirements of these Provisions during the course of the work to be performed under the contract 5. Forms necessary for submittal of information pertaining to these Provisions are included in the appendix. Additional copies may be obtained by -contacting the Compliance Monitor (DBED), at: Metropolitan Dade County (MDC) Department of Business and Economic Development (DEED) at 111 N.W. I st Street, Suite I710 or by telephone at (305) 375-4132, facsimile (305) 375-4232. 9 02- 385 C. CERTIFICATION 1. Attached as an example is a Certification List with a specified date. Certification Lists are updated and issued every two weeks. Bidders shall use the most recent Certification List available prior to bid opening. Certification Iists may be. obtained by contacting DBED at telephone number (305) 375-4132 during normal business hours. 2. The firms on the. Certification List will be identified by trade, commodity or service area. A BBE and/or HBE and/or WBE, as appropriate, must be certified in a trade, commodity, or service aria in order to be eligible to participate as a BBE, and/or HBE, and/or WBE, as appropriate, on cow in such trade, commodity or service area. General contractors in order to be eligible to participate as a BBE, and/or HBE, and/or WBE, as appropriate, subcontractor must be certified in the trade, commodity or service area in which they are to perform work as a BBE, and/or HBE,- and/or WBE. -- 3. In order to participate as a BBE, and/or HBE, and/or WBE, as appropriate, on this contract, a BBE, and/or HBE, and/or WBE, as appropriate, must have a valid certification at the time of bid submittal, bid award, and throughout the duration of the contract in which the BBE, and/or HBE, and/or WBE, as appropriate participates as a BBE, and/or HBE, and/or WBE. 4. Joint Ventures. Only joint ventures approved by DBED in accordance with _ Administrative Orders 3-3, 3-17, and/or 3-18, as appropriate, are eligible to participate as joint ventures in the Program. Joint ventures must be lawfully established. The Black, Hispanic and/or woman member of the joint venture must be certified as a BBE, and/or HBE, and/or WBE, as appropriate, before the joint venture can be approved. D. CONTRACT MEASURES I. Set Asides a. Contracts that are set-aside and do not have subcontractor goals are for bidding solely among BBEs, and/or HBEs, and/or WBEs, as appropriate. A BBE, and/or HBE, and/or WBE, as appropriate, awarded a set-aside contract shall not transfer to a non -BBE, and/or non-HBE, and/or non -VIBE, as appropriate, through subcontracting or otherwise, any part of the actual work of the contract unless these bid documents expressly and specifically require and/or permit such transfer as consistent with normal industry practice, -or the BBE, and/or HBE, and/or WBE, as appropriate, requests and receives prior to bid award an approval letter from DBED. 385 9 b. Set-aside contracts with subcontractor goals require that subcontractor goals be met in area specified in the Schedule of Participation. In areas not being used to meet a subcontractor goal the work is to be performed by the BBE, and/or HBE, and/or WBE for which the contract was set-aside. For example: A BBE set-aside with a 200/a WBE subcontractor goal requires 200/6 of the work be performed by a WBE and the remaining work be performed by BBEs. c. A BBE that performs the work of the set-aside contract with its own forces may count such work towards reducing the BBE goal applied to the contract by a maximum of fifty (50) percent. d. Bidders on set -asides that cannot demonstrate their compliance with the requirements of the preceding paragraphs (D.O.)(a.) and (b.) shall be found to be in non-compliance with these provisions. e. Bidders on set -asides, to be eligible for award, shall submit upon request of the Compliance Monitor a "Set -Aside List of Subcontractors" (Form DBED 104). Failure to submit the list and any relevant information the Compliance Monitor may request with respect to the bidder's submitted list shall constitute non-compliance with these provisions. f. The following shall constitute non-compliance with these Provisions: i. Submission of a Set -Aside List of Subcontractors that the bidder knew or should have known is incomplete or inaccurate; or ii. Deviation from the list without the written approval of the Compliance Monitor. 2. Subcontractor Goals a. The purpose of a Subcontractor Goal is to have portions of the work under the Contract performed by available BBEs, and/or HBEs, and/or WBEs, as appropriate, for prices totaling not less than the percentage of the contract price set out in the bid form. b. In contracts with subcontractor or project goals for BBEs, and/or HBEs, and/or WBEs, as appropriate, a Black and/or Hispanic and/or Woman Business Enterprise certified in more than one category shall be counted toward meeting the goal for one category only. The prime bidder shall declare at bid sul- mission toward which subcontractor goal a business enterprise certified in more than one category shall count. C. After a bid is advertised with a subcontractor or project goal, it may be reduced only with the approval of the County Commission or, if the contract is to be 10 Q2— 3'84 executed by the Public Health Trust, by that body. d. A bidder challenging or protesting the subcontractor or project or project goal must submit to the office or person to whom the bid is submitted, no later than the time of bid submission, written reasons for such challenge or protest. Challenges or protests to a BBE, and/or HBE, and/or WBE, as appropriate, subcontractor goal by bidders after the time of bid submission, or challenges based on reasons not previously provided in writing prior to bid submission, shall not be heard by the County Commission. e. The Project Worksheet for establishing the stated subcontractor goal is included in the appendix of these Provisions. f. Bidder Responsibilities for Subcontractor Goals: i. Bidders must submit a completed Schedule of Participation (Form DBED 101) at the time of bid submission. The Schedule of Participation constitutes a written representation by the bidder that to the best of the bidder's knowledge the BBEs, and/or HBEs, and/or WBEs, as appropriate, listed are available and have agreed to perform as specified, or that the Bidder will demonstrate unavailability. The Schedule of Participation is a commitment by the bidder that if awarded the contract, it will enter into subcontracts with the identified BBEs, and/or HBEs, and/or WBEs, as appropriate for the scope of work at the price set forth in the Schedule of Participation. ii. Bidders that are BBEs, and/or HBEs, and/or WBEs, as appropriate, and bidders that are joint ventures that are owned and controlled by one or more BBEs, and/or HBEs, and/or WBEs, as appropriate, may use their own forces to meet up to 50% of a specified goal. - -- - iii. Bidders who fail to submit the Schedule of Participation shall be considered non-responsive. Bids that contain a defective Schedule of Participation are voidable. Examples of defects include but are not limited to: incomplete Schedules; the listing of an unidentifiable BBEs, and/or HBEs, and/or WBEs, as appropriate, and percentage miscalculations that are not mere clerical errors apparent an the face of the Schedule. iv. Expenditures to subcontracting BBEs, and/or HBEs, and/or WBEs, as appropriate, shall be counted toward meeting specified goals as follows: (1) One hundred percent (I Wle) of the expenditures to BBEs. and/or HBEs, and/or WBEs, as appropriate, that perform a commercially useful function in the supply of goods or services required for fulfillment of the contract; o2_ 385 (2) One hundred percent (100%) of the expenditures to BBEs, and/or HBEs, and/or WBEs, as appropriate, that subcontract work further to non-BBEs, and/or non-HBEs, and/or non-WBEs, as appropriate, only if bid documents expressly and specifically permit such subcontracting as consistent with normal industry practice, or the bidder or BBEs, and/or HBEs, and/or WBEs, as appropriate, requests and receives prior to bid award an approval letter from DBED; (3) One hundred percent (100%) of the expenditures to BBEs, and/or HBEs, and/or WBEs, as appropriate, who are general contractors, working as subcontractors, that perform actual work with their own forces; (4) None of the expenditures to a BBEs, and/or HBEs, and/or WBEs, as appmpriate, that -acts essentially as a conduit to transfer funds to a non-BBEs, and/or non-HBEs, and/or non-WBEs, as appropriate, unless bid documents expressly and specifically permit such transfers as consistent with normal industry practice or the bidder or BBE, and/or HBE, and/or WBE, as appropriate, requests and receives prior to bid award an approval letter, V. Bidders agree to take all necessary and reasonable steps in accordance with these Provisions to ensure that BBEs, and/or HBEs, and/or. WBEs, as appropriate, have the maximum opportunity to compete for and perform this contract. Bidders shall select portions of the work to be performed by BBEs, - -- and/or HBEs, and/or QVBEs, as appropriate, so as to increase the likelihood of meeting the subcontractor goal including, where appropriate, breaking down contracts into economically feasible units to facilitate BBE, and/or HBE, and/or WBE, as appropriate,' participation vi. Bidders must submit betters of Intent (Form No. DBED 102) to the person or office to whom the bid was submitted by 4:00 pm. on the second business day following bid opening. Defective Letters of Intent are voidable. Examples of defects include but are not limited to improperly executed letters, the listing of an unidentifiable BBEs, and/or HBEs, and/or WBEs, as appropriate, and percentage miscalculations that are not mere clerical errors apparent on the face of the Letter of Intent. Expenditures to. BBEs, and/or, HBEs, and/or WBEs, as appropriate, on a Schedule of Participation that are not confirmed by a Letter of Intent shall not count toward the goal. vii. Bidders whose bids do not meet the specified goal, in order to remain eligible, must submit to the person or office to whom the bid was submitted by 4:00 p.m. on the second business day following bid submission evidence proving the lack of available BBEs, and/or HBEs, and/or WBEs, as appropriate, to afford effective competition to provide the goods or services to meet the subcontractor 12 02- 385 goal. To prove lack of availability, bidders must submit the following: (1) Unavailability Certificates (Form No. DBED 103) either completed and signed by the BBE, and/or HBE, and/or WBE, as appropriate, or completed and signed by the bidder explaining the contacts with the BBEs, and/or HBEs, and/or WBEs, as appropriate„ statements or actions of the BBEs, and/or HBEs, and/or WBEs, as appropriate, showing unavailability, and the reason(s) why the BBEs, and/or HBEs, and/or WBEs, as appropriate, signature could not -be obtained; and (2) A listing of any bids received from a BBEs, and/or HBEs, and/or WBEs, as appropriate„ the scope of work and price of each bid, and the bidder's reasons for rejecting each bid; and (3) A statement of the bidder's contacts with DBED for assistance in determining available BBEs, and/or HBEs, and/or WBEs, as appropriate, and (4) A statement showing compliance with paragraph D. 2. d. above; and (5) A complete description of the bidder's process for soliciting and evaluating bids from BBEs, and/or HBEs, and/or WBEs, as appropriate, (6) Bidders may establish a BBE, and/or HBE, and/or WBE, as appropriate, as unavailable if the bidder provides evidence proving the BBEs, and/or HBEs, and/or WBEs, as appropriate, bid is not reasonably competitive with comparable bids of non-BBEs, and/or non-HBE's, and/or non-WBE's, as appropriate, for the same scope of work. (7) Evidence of lack of availability may address only the period prior to bid submission. viii. The bidder shall either meet the subcontractor goal or demonstrate lack of availability as a condition of being awarded this Contract. If a bidder who has not met the subcontractor goal fails or refuses to substantiate the lack of availability, any security submitted with the bid may be forfeited as liquidated damages because of such failure or default. ix. The successful bidder on a contract with subcontractor goals shall promptly review billings from BBEs, and/or HBEs, and/or WBEs, as appropriate, listed on the Schedule, of Participation. On those amoui. .; not in dispute, the successful bidder must make payment within thirty (30) days of its receipt of the billing. 3. BID PREFERENCE. 13 02— 385 a. ELIGIBILITY. Bidders claiming a bid preference shall complete and submit with their bid a claim of bid preference. The . Compliance Monitor shall determine whether the bidder qualifies for the bid preference for the specified contract. In the event that a bidder qualifies for a bid pmfereenee in more than one category for the specified contract, the bidder shall be awarded the largest preference. Only one preference shall be awarded per bidder per contract. Bid preferences shall be given to: i. Bidders that are BBEs, and/or HBEs, and/or WBEs, as appropriate; ii. Bidders that demonstrate significant utilization; iii. Bidders that are joint ventures approved under Section III of Administrative Orders 3-3 and/or 3-17and/or 3-18 as appropriate. b. PREFERENCE LEVEL. Bid documents for contracts with bid preferences shall state the following bid preferences which will be given to qualified bidders as appropriate: Bid Price BBEs BEES WBEs Significant Utilisation of BBEs,11BEs, WBEs Joint Ventures BBEs=*-S1% BBEabSl% WBEs*-S1% Joint Venture BBEs <51% HBEs <S1% WBEs <51% 25,000 x75,000 10.0% 7.50% 5.00/0 3.75% 75,000 <125-9000 5.01/o 3.75% 2.50% 1.25% < 250,000 4.0% 3.00% 2.00'/0 1.00%,000 [125,000 X500,000 3.0% 2.25% 1.50% 0.75% ,000<1,000,000 2.0% 1.50'/0 1.000/0 0:50% 0,OOOQ,000,000 1.0% 0.75% 0.50% 0.25% On contracts greater than two million dollars (52,000,000), the bid preference shall only be calculated for the first two million dollars of tl.c bid price. The bid preference shall be calculated and subtracted from the total - bid price. This difference shall be used in evaluating the bid. The bid preference is used only to calculate an amount to be used in evaluating the bid and does not affect the contract price. 14 Q2- 385 C. DEMONSTRATING SIGNIFICANT UTILIZATION. i. DBED shall prepare and make available on a monthly basis a list of BBEs , HBEs and WBEs that have held valid certifications during the prior twenty-four (24) months. ii. Bidders claiming a bid preferdnce based on significant utilization shall demonstrate such significant utilization by submitting evidence including but not limited to the following: (1) Bidder's total purchases of goods and services in the prior twenty-four months. (2) Bidders total purchases of goods and services in Dade County in the prior twenty-four months. (3) Bidders total purchases from BBEs, and/or _ HBEs, and/or WBEs, as appropriate, in the prior twenty-four months, identifying each BBE, and/or HBE, and/or WBE, as appropriate (4) Bidder's total purchases from BBEs in the prior twenty-four months,' identifying each BBE that was not pursuant to any governmental contract or Black Business Enterprise Program requirement with which the bidder complied. (5) Data showing lack of availability of BBEs. (6) A description of the bidder's systematic efforts to eliminate discrimination against BBEs in its purchasing operations. iii. Based on its review of the evidence, DBED shall issue a letter stating the bidder has demonstrated significant utilization or the reasons why the bidder has failed to demonstrate significant utilization. E. BBE, HBE and WBE Selection Factor 1. In bid as that assign weights to evaluation or selection criteria, bid documents shall assign a weight of ten percent (10%) to the BBE and/or HBE and /or WBE selection factor, as appropriate. In bids that do not assign weights to evaluation or selection criteria, bid documents shall provide that among bidders evaluated to be otherwise substantially equal, the BBE and/or HBE and /or WBE selection factor, as appropriate, shall be the deciding factor for award of the bid. is 02~- 385 2. A BBE and/or HBE and /or WBE selection factor, as appropriate, may be applied to any request for proposals or similar invitations to bid that are not set-aside. F. PRE -AWARD COMPLIANCE 1. Investigatory Meeting by Compliance Monitor. a. The Compliance Monitor small review for compliance with these provisions every contract to which a contract measure has been applied If the Compliance Monitor has concerns regarding compliance with these provisions, the Bidder shall upon at least three (3) days notice meet with the Compliance Monitor. The purpose of this investigatory meeting shall be for the Compliance Monitor to consider whether to recommend the Bidder's bid be determined to be in compliance or non-compliance with the requirements of these Provisions. The Compliance Monitor may consider relevant information from any person in making this decision. At the investigatory meeting the Bidder shall have an opportunity to present information and arguments pertinent to his compliance with the applicable requirements. The Compliance Monitor may require the Bidder to produce such information as the Compliance Monitor deems appropriate and may obtain whatever other and further information from whatever sources the Compliance Monitor deems appropriate. b. No later than fifteen (15) business days after this investigatory meeting with the Bidder, the Compliance Monitor shall make a written recommendation to the Contracting Officer which shall include a statement of the facts and reasons upon _ which it is based. This recommendation shall also be forwarded to the Bidder. 2. Determination by MDC. Following .receipt of a recommendation of non-compliance from the Compliance Monitor, the Contracting Officer shall notify the Bidder of an informal hearing regarding the bidder's compliance with these provisions Such notice shall indicate the date, time and place at which the Bidder will have an opportunity to present pertinent arguments and information to the. Contracting Officer relating to the recommendation of non-compliance by the Compliance Monitor. The Bidder shall supply such further relevant information as required by the Contracting Officer. 3. The Contracting Officer in conjunction with the Compliance Monitor may also conduct informal hearings, to which the Bidder shall be invited, in which other parties invited by the Contracting Officer may offer information relevant to the issue of the Bidder's non-compliance. 4. The Contracting Officer shall in writing determine whether we bid of such Bidder complies with the requirements of these Provisions and whether to recommend to the County Manager that the Contract be awarded to the Bidder. A copy of such recommendation shall be sent to the Bidder. Such recommendation shall not affect the Power of the Board of County Commissioners to reject the Bidder's bid for any other reason or to take such action on the recommendation of the Contracting Officer as the 16 02-- 385 Board deems appropriate. 5. Consideration of Other Bids. If the Contracting Officer or Compliance Monitor deems it advisable in the interest of expediting the award of the contract, the procedures set forth in this subsection may be carried out- with respect to the bids of one or more additional Bidders at the same or different times with each such procceding to be separately conducted. 6. Failure of Bidder -to Participate. The Bidder will be bound by the proceedings under this subsection to which they have been given required notice without regard to their participation or lack of participation. A lack of participation upon receiving notices and requests pursuant to these Provisions shall not be grounds for reconsideration of any action taken in the proceedings. 7. MDC shall not award this contract to any Bidder which it determines fails to comply with the applicable requirements of these Provisions. Nothing herein shall relieve any Bidder —ftm any of the terms, conditions or requirements of the contract or modify MDC's rights as reserved in the Contract document. G. PROMPT PAYMENT 1. It is the County's intent that BBEs and/or HBEs and/or WBEs providing goods or services to the County shall receive payments promptly in order to maintain sufficient cash now. 2.. The successful bidder on a contract with goals shall promptly review billings from BBEs, and/or HBEs, and/or WBEs, as appropriate, listed on the Schedule of Participation. On- those amounts'nox in dispute, the successful bidder must make payment within thirty (30) days of its receipt of the billing. H. POST AWARD COMPLIANCE AND MONITORING 1. Approval of Subcontracts. The Successful Bidder shall submit to the Contract Officer for approval subcontracts corresponding in all respects to the proposed agreements listed on the Successful Bidder's Schedule of Participation or Set -Aside List of Subcontractors, unless a deviation is approved under paragraph H.4. below. The Successful Bidder shall enter into each subcontract and shall thereafter nether terminate any such subcontract nor reduce the scope of work to be performed by or decrease the price to be paid to the BBEs, and/or HBEs, and/or WBEs, as appropriate, thereunder without in each instance the prior written approval of the Compliance Monitor. The Contracting Officer shall not give a final written determination without a recommendation from the Compliance Monitor. 2. Access to Records. Successful bidden and BBEs shall permit the County to have access during normal business hours to books and. records relating to the bidder's 17 .02-- 385 compliance with the and/or contract measures applied to the contract or relating to BBE compliance with certification requirements. Such books and records include but are not limited to corporate documents, charters, organizational flings, tax filings, registrations, licenses, stock registrations, partnership agreements, contracts, subcontracts, joint venture agreements, checking accounts, journals, ledgers, correspondence, and documents and records between the bidder or the BBE and other entities. This right of access shall be granted for one year after completion of the work or hill payment of contract obligations, whichever comes last, or for one year after the expirstion of BBE certification. 3. Monthly Reporting. The suocossfnl bidder on a project with a contract measure shall submit monthly a Utilization Report (Form M 200) and an Employment Data Report (Form M 20 1) to the Contracting Officer on or before the tenth working day following the end of the month the report covers. Standard reporting forms are included in these Provisions. Additional forms may be obtained from the Compliance Monitor. The Employment Data Report is to be completed by each BBE, and/or HBE, and/or WBE, as appropriate, listed on the Schedule of Participation or Set Aside List of Subcontractors and is to be submitted by the successful bidder. Failure to comply with the reporting requirements may result in the imposition of either or both contractual sanctions or administrative penalties by the County at its option. 4. Deviations from the Schedule of Participation or Set -Aside List of Subcontractors a. In the event that during the performance of a contract a BBE, and/or HBE, and/or -- WBE, as appropriate, is not able to provide the goods or services specified on the Schedule of Participation, the successful bidder must locate a BBE, and/or HBE, and/or WBE, as appropriate, to'substitute for the unavailable BBE, and/or HBE, and/or WBE, as appropriate, unless the bidder can prove the lack of an available BBE, and/or HBE, and/or WBE, as appropriate, to provide the goods or services to be provided by the prior BBE, and/or HBE, and/or WBE, as appropriate.. The successful bidder must receive approval from the Contracting Officer, revise the Schedule of Participation to include the substitute BBE, and obtain a Letter of Intent from the substitute BBE, and/or 'HBE, and/or WBE, as appropriate. A successful bidder that cannot secure a substitute BBE, and/or HBE, and/or WBE, as appropriate, must provide a written statement to the Compliance Monitor and Contracting Officer that includes a list - of the names, addresses, and telephone numbers of all BBEs, and/or HBEs, and/or WBEs, as appropriate, contacted, and the date of contact for each BBE, and/or HBE, and/or WBE, as appropriate. b. The Compliance Monitor shall be responsible for monitoring the performance of the successful bidder regarding compliance with contract measures applied to the- contract. hecontract. The Compliance Monitor may, at his or her discretion, investigate- deviations nvestigatedeviations in the utilization of BBEs, and/or HBEs, and/or WBEs, as appropriate, from that described on the Schedule of Participation or Set -Aside List of Subcontractors and make recommendations regarding compliance to the 18 02- 385 Contracting Officer. The Contracting Officer shall not make a final determination without a recommendation regarding compliance from the Compliance Monitor. Deviations from the goal stated in the contract that shall be monitored include but are not limited to: i. Termination of a BBEs, and/or HBEs, and/or WBEs, as appropriate, subcontract; ir. Reduction -in the scope of work to be performed by a BBE, and/or HBE, and/or VIBE, as appropriate; iii. Modifications to the tenors of payment or price to be paid to BBEs, and/or HBEs, and/or WBEs, as appropriate; iv. Failure to enter into a contract with BBEs, and/or HBEs, and/or WBEs, as appropriate. C. Excuse from Entering Subcontracts. If prior to execution of a subcontract required by these Provisions, the Successful Bidder submits a written request to the Contracting Officer demonstrating to the satisfaction of the Contracting Officer that, as a result of a change in circumstances beyond his control of which he was not aware and could not reasonably have been aware until subsequent to the date of the award of the Contract, a BBE, and/or HBE, and/or VIBE, as appropriate, who is to enter into such subcontract has unreasonably refused to execute the subcontract,_ or is not available, the Sucrosful Bidder shall be excused from executing such subcontract. The procedures of paragraphs HAA and g. below apply to this paragraph. d. Termination of SubcontracTs. If, after execution of a subcontract required by these Provisions, the Successful .Bidder submits a written request to the Contracting Officer and demonstrates to the satisfaction of the Contracting Officer that, as a result of a change in cirettmstaaees beyond his control of which he was nut aware and could not reasonably have been aware until subsequent to the date of execution of such subcontract, a BBE, and/or HBE, and/or WBE, as appropriate, who entered into such subcontract has committed a material breach of the subcontract, the successful Bidder shall be entitled to exercise such rights as may be available to him to terminate the subcontract. The procedures of paragraphs f and g. below apply to this paragraph. e. MDC's Determination of Bidder's Excuse or Termination. Ii :ire Successful Bidder at any time submits a written request to the Contracting Officer under the prior two paragraphs the Contracting Officer, as soon as practicable, shall determine whether the Successful Bidder has made the requisite demonstration, and shall not determine that such a demonstration has not been made without feat providing the Successful Bidder, upon notice, an opportunity to present pertinent information Td arg # s. 19 t1 The procedures of paragraphs f. and g. below apply to this paragraph. f. Alternative Subcontracts. If the Successful Bidder is excused from entering into a subcontract or rightfully terminates a subcontract under these Provisions and without such subcontract the Successful Bidder will not achieve the level of BBE, and/or HBE, and/or WBE, as appropriate, participation upon which the contract was awarded, the Successful Bidder shall make, every reasonable effort to propose and enter into an alternative subcontract or subcontracts for the . same work to be performed by another available BBE, and/or HBE, and/or WBE, as appropriate, for a subcontract price or prices totaling not less than the subcontract price under the excused or terminated subcontract, less all amounts previously paid thereunder. The Bidder must submit a- revised Schedule of Participation or Set -Aside List of Subcontractors and Letter of Intent to include the substitute BBE, and/or HBE, and/or WBE, as appropriate,. A successful bidder that cannot secure a substitute BBE must provide a written statement to the Compliance Monitor and Contracting Officer that includes a list of the names, addresses, telephone numbers, and the date of contact for each BBE, and/or HBE, and/or WBE, as appropriate,. The procedures of paragraphs f. and g. below apply to this paragraph. g. The Compliance Monitor shall promptly meet with the Successful Bidder and provide him with an opportunity to demonstrate compliance with these requirements. The Compliance Monitor shall, as promptly as practicable, recommend to the Contracting Officer whether the Successful Bidder should be determined to be in compliance with these requirements. The Compliance Monitor -.— may require the Successful Bidder to produce such information as the Compliance Monitor deems appropriate and may obtain whatever other and further information from whatever sources the Compliance Monitor deems appropriate. The Compliance Monitor shall make his recommendation under this paragraph to the Contracting Officer and forward a copy to the Bidder. h. The Contracting Officer will consider objections to the Compliance Monitor's recommendation only if such written objections are received by the Contracting ' Officer within five calendar days from the Successful Bidder's receipt of the Compliance Monitor's recommendation. The Contracting Officer with or without a hearing, as he in his discretion may determine, will reply to the Successful Bidder's written objection within 10 days of receipt of these objections. The Contracting Officer's determination upon consideration of the Successful Bidder's written objection shall be final and binding without right of appeal. SANCTIONS FOR CONTRACTUAL VIOLATIONS If at any time, the Successful Bidder is in violation of his obligations under these Provisions, MDC not withstanding any other penalties and sanctions provided by law may impose one or more of the following: 20 02- 385 1. The suspension of any payment or part thereof until such time as the issues concerning compliance are resolved; 2. Work stoppage; 3. Termination, suspension, or cancellation of the contract in whole or part. I DEBARMENT The County may debar a BBE, and/or HBE, and/or WBE, as appropriate, or a non -BBE, and/or non-HBE, and/or non-WBE, as appropriate, for violation o& or non-compliance with, the provisions of Ordinances 94-96, and/or 94-95, and/or 94-94, Administrative Orders 3-3, 3-17, 3-18 or these bid documents. Violations that may result in debarment include but are not limited to: a. Falsifying or wrongfully withholding information in the certification, bidding, or reporting processes for BBE, and/or HBE, and/or WBE, as appropriate. b. Failing to perform a commercially useful function, or subcontracting to a BBE, and/or HBE, and/or WBE, as appropriate, by a non BBE, and/or non-HBE, and/or non-WBE, as appropriate, that knew or should have lmown the BBE, and/or HBE, and/or WBE, as appropriate, could not perform a commercially useful function. When determining whether the BBE, and/or HBE, and/or WBE, as appropriate, performs a commercially useful function, DBED shall consider factors " such as but not limited to: i. Whether actual work is performed by the BBE, and/or HBE, and/or WBE, as appropriate. Actual work includes drop shipping when the BBE, -and/or HBE, and/or WBE, as appropriate, has actual and .legal responsibility for billing and performance of the contract. Brokering is considered to be actual work when it is consistent with normal industry practice. ii. Whether further subcontracting by. the BBE, and/or HBE, and/or WBE, as appropriate, is consistent with normal industry practice; iii. Whether the BBE, and/or HBE, and/or WBE, as appropriate, subcontractor is a general contractor; iv. Whether the BBE, and/or HBE, and/or WBE, as appropriate, subcontractor has entered into bonding agreements that shift to another the expenses, risks, or responsibilities of the work for the purpose of meeting bonding requirements. 2. Debarment procedures shall comply with Section, 10-38 of the Code of Metropolitan Dade County. 21' ®2-- 385 Of CERTIFICATE OF UNAVAILABILITY V17n cerfify that on FNn Name - Date I contacted the BSE. HSE, or WBE to obtain a bid for work items to be pertormed on Metropolitan Dade County Contract No. Sipnatare Print Name TWO was offered the above opportunity to bid BSE. HSE or WBE I, was unavailable to perform the above work at the above specified time due to: Ism aware that Mtleo DDM Dade Cmffft A*M*ftWo Orders provide V*L -Any (WE wxVor HOE andlor VIM ow his to bid at a nrirrirrtut n the bum of three (J) or 50 penmat of tl» smite projects. 1n ks pr" muted trade. oomnoddy or service are& du''''A ere carol =ban year mar be decor liied or denied recwWcatlon signature DEED CwedGution Number PAM Name TNIe Expiration Date DBED 103 IN Successful bidders on projects with subcontractor goals must file this reporiHF Nu,e UTILIZATION LIZm TIO a REPORT sanctions on the successful bidder, in addition to pursuing any other available legal remedy. Sanctions may includes hersuspensionedings o Impose of any payment or part thereof, termination or cancellation of the contract, and the denial to participate In any further contracts From:_ To: BBE Subconlract Goal: ' Name and Address oral Employer Identification Amount of Requisition this Period: $ Total Amount Requisitioned to Dale: $ Total Amount Received by Prime to oale: $ HOE Subcontract Goal: .% WBE qubcontracl Goal: _% ' Oata Amount Requisitioned for SSE Subcontractors this Period: i Total Amount Requisitioned for BBE Subscontractors to Date:$ Amount Requisitioned for HOE Subcontractors this Period: $ Total Amount Requisitioned for HOE Subscontraclors to Date:$ Amount Requisitioned for WOE Subcontraclora this Palms -!t :1 1" �rofariate t9� Contract Amount . wam nnqunl r%equisluoned for WBE ame of subcontrac Description of Work SubscontroctOR to Date: Amount ount Requested This R I Rion Amount Paid to Sub to Date Starting Scheduled Completion o Date Page____ -_of M-200 r _ #e Date Page____ -_of M-200 - pt of Business Developm*- ' owlllag �•w.-�.� �T•. r �• ,.,,.:..-« - ttem No.: 1.04► Project WorJ�slieet Project/Contract Title: GROUNDWATER, SURFACE WATER & SOIL CONTAMINATION CLEANUP' SVCS. FOR MDC FACILITIES (RESUB. 2/4/99 & 2/19199) (6 -AGREES. @ $10 MILLION EA.) (STC 871) Project/Contract No.: E98-DERM-01 Department: DERM Estimated Cost of Project/Bid: $ 60,000,000.00 Funding Source: General Description of Project/Bid: To establish six (6) Professional Services Agreements to provide environmental services at Miami -Dade County owned facilities including, but not limited to performing environmental rehabilitation at sites contaminated with petroleum, petroleum products and/or non -petroleum products and installation, modification, repair, replacement, abandonment and/or removal of any underground/aboveground storage facilities. Six (6) qualified consultants will be retained under non-exclusive professional serivces agreements with an effective term of 3 years and maximum compensation of $10,000,000 per agreement. Six (6) agreements at $10,000,000 each. Technical categories 10 -prime and 17. Race Conscious Iweasures Re• •. • Set -Aside: BBEM HBEE WBE[fl Selection Factor: BBE[—] HBE[] WBE[—] Goal: BBEF] HBE[:] WBE[] Bid Preference: BBE[—] HBE[:] WBE[—] Goal Percent: No Measure: This project meets all the criteria set forth in A.O. #3-3, #3-17 and #3-18, Vlll B. 1 Agreement - BBE Set -Aside, 1 Agreement - HBE Set -Aside, 1 Agreement - WBE Set -Aside, 3 Agreements - No Measures SIC 871 Engineering and Architectural Services "Slecornmendation of Estimated Cost 0 to Base Bid Availability No.: Value: COMMITTEEREVIEW • •A • Set -Aside Bid Preference Goal Selection Factor Deferred No Measure _A4�� - a-99 02- arrpe n, evrew ee Date 85 orworksh.Ir 11/17/99 WED 16:32 FAX 0001 U12 To: Manuel Vergara, Ecology & Environ. F= (3305)W-5958 From: Amando A. Villanueva, DBD Date: November 17, 1999 Re: E99-DERM-01 Questions Pages: 2 CC: Clerk of the Board Fax: (305) 375-2484 Paul Voight, DERM (305) 372-6982 0 Urgent 0 For Review 11 Please Comment 0 Please Reply The following is the response to your question(s), copy attached, regarding the subject project: Ql: What is the definition of construction. work? Al: Construction consists of the building, maintaining, painting, altering, or repairing of a public improvement in which work involving trades or occupations for which a certificate of competency is required pursuant to Chapter 10 of the Miami -Dade County Code or Chapter 499, Florida Statutes. Be advised that these are architectural/engineering professional services agreements. Any and each environnentally-related construction project will be evaluated on a case-by-case basis with specific established contract measures. The selected firms must submit, at the time requested, a team of firms to perform the environmentally -related construction project and comply with the established contract measures for the aforementioned project. Please note that under construction, there are no minority programs. The program that applies is the Community Small Business Enterprises (CSBE) program. Q2: Based on that definition: a) Is excavation and removal of contamination soils considered construction work? b) Is removal of UST's and/or installation of AST's considered construction work? . . . . . . . . . . 11/17/99 LVED 16:17 FAX QD 001 To: Patrick Barnes, Bames, Ferland and Fax: (407) 896-1822 Associates, Inc. From: Amando A. Villanueva, DBD/- Date: November 17, 1999 Re: E98-DERM-01 Questions Pages: 2 CC: Clerk of the Board Fax: (305) 375-2484 Paul Voight, DEW (305) 372-6982 ❑ Urgent D For Review ❑ Please Comment O Please Reply The following is the response to your question(s), copy attached, regarding the subject project: Q 1: This letter is intended to request clarification regarding Performance Data Sheet 11. Barnes, Ferland and Associates, Inc. is pursuing the above DBD project as a BBE Set -Aside. We understand that as a Prime Consultant for Set -Aside we need to complete Performance Data Sheet 11; however, we are unclear as to whether Performance Sheets IIA and IIB are needed for our subconsultants. Neither form was included in our package. Al: Page 5 of the advertised "Notice to Professional Consultants" clearly indicates that Performance Data Sheet 1 I must be completed if pursuing one of the set- aside agreements. Be advised that you must indicate in Performance Data Sheet II for which set-aside agreement you are pursuing and all funis (prime and subs) must be listed.. Remember that if you are pursuing the BBE set-aside agreement, all firms in your team must be currently certified by DBD as BBE by the response deadline. Performance Data Sheets IIA and 11B are not applicable and therefore were not required in the advertised "Notice to Professional Consultants" nor included in the Miami -Dade County "Participation Provisions". .................... r 11/17/9Nuv� 1 � 1� �G FR ECOL .Y AM ENVIRONME305 822 5958 TO 3l 49591S P. 02.,-02 X002 ecology and environment, inc. international Specialists in the Environment d Parkside Corporate Center 1. =90 N.W. 79th Court. Suite 11M Miianu take:k Roride 33016 Tel. 13051 822-99M. Fax: MW 872-9968 November 12, 1999 Mr. Jose Luis Posada R.A. Miami -Dade County Department of Business Development On behalf of Ecology and Environment I an respectfully requesting clarification to the following items. 1) What is the definition of construction work? 2) Based on that definition a) Is excavation and -removal of contaminated soils considered construction work? b) Is removal of UST's and/or installation of AST's considemd construction work? Sincerely, p l U Manuel N. Vergara. Manager MNV/em recydw Pa 02- 385 x* TOTAL PFM. 02 11/17/99 WED 16:18 FAX kF�� Environmental Consultants Barnes, Ferfand and Associates, Inc - November 16, 1999 FAX ONLY: (305) 349-5915 Mr. Jose Luis Posada, P.R Consultant Coordinator Department of Business Dwmlopment Court House Center Building 175 N.W. First Avenue — 28 Floor Miami, Florida 33128 SUBJECT: E98-DERM41 Performance Sheet 11 Clarification Dear Mr. Posada: This letter is intended to request clarification regarding Performance Sheet 11. Barnes, Ferla id and Associates, Inc. is pursuing the above DBD project as a BBE Set -Aside. We understand that as a Prime Consultant for Set -Aside we Reed to complete Performance Sheet 11; however, ,ve are unclear as to whedw r Performance Sheets 11 A and 11 B are needed for our Subtonsultan ts. Neither form was included in our package. Please clarify the above as soon as possible as we are in the process of finalizing our propwal package. Our fax number is: (407) 896-1822. Your prompt attention is greatly appreciated. Sincerely, F d and Associat C. Barnes,7Patrick A. Barnes, P.G. President cc: Clerk of the Board Fax: (305) 375-2484 36SS Maguire Boulevard - Suite 150 - Orlando, Florida 32803 0 , Office (407) 89S-8808 • Fax (407) 896-1822 Z 002 RW 11/11/99 TtiU 14:31 FAX To: Nicole A. Maywah, Montgomery Watson Q 001 Fax: (954) 846-0424 From: Amando A. Villanueva, DBD A/l Date: November 11, 1999 Re: E98-DERM-01 Questions Pages: 2 CC: Clerk of the Board Fax: (305) 375-2484 Paul Voight, DERM (305) 372-6982 13 Urgent O For Review ❑ Please Comment Cl Please Reply The following is the response to your question(s), copy attached, regarding; the subject project: Q1: Montgomery Watson Constructors, Inc., a wholly owned subsidiary of Montgomery Watson Americas, would like to submit a proposal for DBD Project No. E98-DERM-01. However, only Montgomery Watson Americas holds technical certification in categories 10.00 and 17.00 in Dade County. Can Montgomery Watson Constructors, Inc. still submit a proposal and be considered? A 1: No. ............. ... .. 11/11/99 THU 14:31 FAX 11002 TOO@ UtLL ON X VU] CO:ST = 66/70/TT Tla 10101 RIM F60NEff WATSM Mr. Posada, Montgomery Watson Constructors, Inc., a wholly owned subsidiary of Montgomery Watson America*, would like to submit a proposal for DBD Project No. E98-DERM-01. However, only Montgomery Watson Americas holds technical certification in categories 10.00 and 17.00 in Dade County. Can Montgomery Watson Constructors, Inc. still submit a proposal and be considered? Please advise as soon as possible. 1 may be contacted at any of the above numbers or by electronic mail at nicole.maywahGmw.com. Thanks. Nicole A. Maywah Consultant 02- 385 490 Sawgrass Corporate Pkwy. FAX Suite 300 Sunrise, Florida 33325 Tel. (954) 846-0401 FaX (954) 846-0424 .� n to Date: 111211999 cv T To: Mr. Jose Luis Posada Fax No.: 305-349-5915 � cn� The Clerk of the Board 305-375-2484 0 From: Nicole A. Maywah Pages: t (including cover) Subject: DBD Project 0 E98-DERM-01 Mr. Posada, Montgomery Watson Constructors, Inc., a wholly owned subsidiary of Montgomery Watson America*, would like to submit a proposal for DBD Project No. E98-DERM-01. However, only Montgomery Watson Americas holds technical certification in categories 10.00 and 17.00 in Dade County. Can Montgomery Watson Constructors, Inc. still submit a proposal and be considered? Please advise as soon as possible. 1 may be contacted at any of the above numbers or by electronic mail at nicole.maywahGmw.com. Thanks. Nicole A. Maywah Consultant 02- 385 11/11/99 THU 14.19 FAX 16001 To: Kevin A. Keane, BND Engineers Fax: (305) 597-9312 From: Amando A. Villanueva, DBD 4/, Date: November 11. 1999 Re: B98 DERM-01 Questions Pages: 5 CC: Clerk of the Board Fax: (305) 375-2484 Paul Voight, DERM (305) 372-6982 ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply The following is the response to your question(s), copy attached, regarding the subject project: Ql: BND is interested in putting together a team of contractors to perform services for the DEW -01 Contract. Can a team include a construction contractor on it? Al: Yes. But it is not required nor desired. These are architectural/engineering professional services agreements. Any and each environmentally -related construction project will be evaluated on case-by-case basis with specific established contract measures. The selected firms must submit, at the time requested, a team of fams to perform the environmentally -relaxed construction project and comply with the established contract measures for the aforementioned project. Q2: Is a construction contractor required on a team? A2: No. Q3: What percentage if any of the contract (or work contained therein) is expected to be of a construction nature? A3: Not established at this time. 02, 385 ....................... 11/11/99 THU 11:19 FAX Q4: Are Joint Ventures allowed for this contract? A4: No. Q5: What are the specific bonding requirements for this contract? AS:. When conducting any environmentally -related construction tasks under the DERM-01 professional service agreements, a construction bond for the entire amount of the task will be required. No bid bond or performance and payment bond is required. Q6: Can a subconsultant be listed as a prime and as a sub -contractor (on another team)? A6: No. This issue is addressed in Addendum no. 1 issued November 9, 1999, Q7: In an effort to ensure compliance with Ordinance 98-106, the "Cone of Silence", will Miami -Dade County be publishing or announcing the names of the persons selected to be on the DERM-01 selection committee? A7: Once the County Manager appoints the Selection Committee, a copy of the appointment memorandum is filed with the Clerk of the Board, which is public information. Q8: Will there be a requirement as to how much work or what work the prime consultant will be required to perform? A8: No. However, it is intended that the prime consultant would perform the amount of work that a prime consultant would normally be expected to perform under a contract. Q9: Has a decision been reached as to the requirements of a PSSC on a team? If so, will they have match the minority measure being sought by the prime team? A9: No. See answer to "Ql" above. Q10: Are copies of all questions asked by other consultants available at the County Clerk's Office? Al 0: Yes. Q11: Will contaminated soil removal/excavation (including contaminated sediment removal from a lake or canal) activities be considered construction activities to be out? All: Yes. 02- 385 Q oos 11/11/99 THU 14.20 FA% Q12: Will tank removals (oil/water separators, contaminated drainage structures and other underground structures) be considered constriction activities? Alt: Yes. Q 13: Will construction of remediation equipment and appurtenances (underground piping, infiltration galleries, monitoring wells, soil vapor extraction wells, etc_) be considered construction activities? A13: Yes. ®2-- 385 IM 003 11/11/99 THU 14:20 FAX Q004 11-02-1999 1 :59PM FROM G.A:) ENGINEERS INC_ 3055979312 P_ 1 13ND CIVIL EmQ3NEERwB AND ENYIRONMENTnL SEDGES November 2, 1999 Mr. Amando Villanueva Miami -Dade County Department of Business Development (DBD) Court House Center I75 NW 1" Avenue 29* Floor Miami, Florida. 33128 RE: DBD Project No. E98-DERM-01 Pre -submittal project briefing and additional questions regarding the DERM-0I Contract. 1,7A FAXI(305) 349-591S Dear Mr. Villanueva; In response to the information presented by Miami -Dade County in the pre -submittal briefing held at the Citadel Building on October 14, 1999, BND Engineers, Inc. ha_c the following questions regarding the J33D Project No_ E99-DERM-01 Contract: 1. BND is interested in putting together a team of cone-4ctors to perform services for the DERM-0I Contract. Can a team include a construction contractor on it? 2. L. a construction contractor required on a team? 3. What percentage if any of the contract (or work contained therein) is expected to be of a construction nature? a.p sr� 4_ Are joint ventures allowed for this contract? CD 5. What are the specific bonding requirements for this contract? I ry 6. Can a consultant be listed as a prime and as a sub -contractor (on another team)? 7. In an effort to ensure compliance with Ordinance 98-106, the "Cone of Silence", will Miami - Dade County be publishing or announcing the names of the persons selected to be onle DERM-01 selection committee? 8. Will there be a requirement as to how much work or what work the prime consultant will be required to perform? 9. Has a decision been reached as to the requirement of a PSSC on a team? If so, will they have match the minority measure being sought by the prime team? 10. Are copies of all the qucstions asked by other consultants available at the County Clerk's Office? em EMGUORM INC. ® _ IWOICVL78 kSuit4w-Karri.FL33126 385 v 11/11/99 THU 14:20 FAX 11-02-1999 1:SSPM FROM JD ENGINLERS INC. 3O569/9312 Page 2 of 2 X1005 P. 2 11. Will contaminated soil removal/excavation (including contaminated sediment removal from a lake or canal) activities be considered construction activities to be bid out? 12. Will rank removals (oillwrater separators, contaminated drainage structures and other underground structures) be considered construction activities? 13. Will construction of rernediation equipment and appurtenances (underground piping, infiltration galleries, monitoring wells; soil vapor extraction wells, etc.) be considered construction activities to be bid out? END understands that some- of these issues were brought up in the pre -submittal briefing, but BND would like for written answers to be provided for these questions for clarification purposee. Additionally, DBD indicated that additional information or amendments would -be mailed out to the companies that attended the pre- submittal briefing and who picked up a DERM-01 package. BND would like make sure that our attendance was r000rded and that we will be receiving copies of any future information releases or amendments_ if you have any questions, please call me at (305) 599 -9495 - Sincerely. BND ENGINEERS, INC_ % Kevin A. de. P.E- V ice -President cc: Basil S. Williams -SND 02_ 385 • UM EMINKEERS, VM �' 11/11/99 THU 14:11 FAX To: Cesar Gomez, MK Centennial 11001 Fax: (954)421-8080 From: Amando A. Villanueva, DBD W. Date: November 11, 1999 Re: E98-DERM-01 Questions Pages: 3 CC: Clerk of the Board Fax: (305) 375-2484 Paul Voight, DERM (305) 372-6982 ❑ Urgent O For Review ❑ Please Comment ❑ Please Reply The following is the response to your question(s), copy attached, regarding the subject Project: Q1: The professional request document states a maximum compensation of $10,000,000 and an effective term of three (3) years_ However, there is no mention of minimum compensation and anticipated average dollar amount for each work site. Al: The "Notice to Professional Consultants" states that no minimum amount of professional services or compensation will be assured to the retained firms. Q2: Once DERM has selected the companies to perform the cleanup services, will the contract and the fee amount be executed within the contract time? A2: DERM does not select the firms. The firms are selected by a Selection Committee appointed by the County Manager. The Selection Committee would make a recommendation to the County Manager, who would make the final recommendation to the Board of County Commissioners for approval. DERM intends to utilize the retained firms; however, as answered in "A.1" above, the "Notice to Professional Consultants" states that no milaimimn amount of professional services or compensation will be assured to the retained firms. ®9- 385 11/11/99 THU 14:11 FAX X1002 Q3: Do the Miami Dade County Facilities refer to the Airport, the Port of Miami, the Mass transit site, or single parcels scattered throughout the county? A3: All properties and facilities owned and/or operated by Miami -Dade County are eligible to access the E98 -DIE -RM -01 agreements for environmental work, as appropriate. However, federally financed work which requures compliance with the DBE provisions of 49 Code of Federal Regulation Part 23 cannot be conducted under these E98-DERM-01 agreements. 02- 385 11/11/99 TaT 14:11 FAX NOy-01-99 34:14 PROMcMK CEN. INIAL IQ=954427 W3 003 PACE 1/1 M K 800 FAMWAY Df UVF, SLATE 260 TFL' (954) 4214 080 Ce n to n n i a[ ffix=�—E�m D83ZF IMD BEAM FLORIDA 33441 FAX: (954) 421<488SLNI IRI INC. E✓ lax O :v0 to: Mr. Jose Luis Posada at: Dade County from: Cesar Gomez date: 11/1/1999 — Cn project: Contamination Cleanup Services for Miami -Dade County Facilities project nos: DBD Project No. E98-DHZM-01 � r subject: Req. information fax no: (305) 349-5915 pages: i including this page message Dear lose Luis: My firm is very interested in participating in this type of job. We have some questions th fit: we. would like you to answer. The Professional Request document states a maximum compensation of $10,000,000.00 and an effective term of three (3) years. However,, there is no mention of minimum compensatio ri and the antidpated average dollar amount for each work sloe. Once DERM has selected the companies to perform the cleanup services, will the contract and the fee amount be wmvA ed within the contract time ? Do the Miami -Dade County Facilities refier to the Airport, the Port of Miami, the Mass transit site, or single parcels scattered throughout the county? Ply contact me at your ca iest convenience Thank Yo ;i- Copy: Clerk of the Board (305) 375-2484 This facsQrAe is int- ded W be a azrAdenUW mmtunimfion with the person to wh m kis If you I lave reoeivEd this fasunft in error, Pie ncffY 1s by - Thank lom 11/11/99 THU 14.49 FAX Q 001 To: Michelle Nodelman, Aqua Alliance Fax: (954) 450-5100 From: Amando A. Villanueva, DBD Date: November 11; 1999 Re: B98-DERM-01 Questions Pages: 2 CC: Clerk of the Board Fax: (305) 375-2484 Paul Voight, DERV! (305) 372-6982 O Urgent ❑ For Review ❑ Please Comment 13 Please Reply The following is the response to your qusstion(s), copy attached, regarding the subject project: Q 1: Can a firm that is submitting a package as a prime contractor also submit as a subcontractor? Al: No. This issue is addressed by Addendum No. 1 issued on November 9, 1999. -."d 7111_11 ME . . . . . . . . . . . . . . . . . 011 __ 11/11/99 THU 14:49 FAX NOU 4'99 09=39 FR MEfCILF EDDY 954 450 5100 TO 4. 13053495915 P.01 1 VIA FAX (305) 349-5915 AQUA AUMa November 4,1999 Mr. Jose Luis Posada, RA Conwbnt Coordinator Department of Business Development 175 NW First Avenue, 281h Floor Miami, Florida 33128 RE: 060 Project No. BB-DERM41 Dear Mr. Posada: I am writing to request clarification on submittal requirements for the above referenced DOD project Specifically, can a firm that is submitting a package as a prime contractor also submit as a subcontracloO I can be reached by phone at (954) 450.6142 or by fax at (954) 450-5100. Your consideration is greatly appreciated. Sincerely, MrdlefieNodebrran Marketing Spec iebt cc: Cleric of the Court (by fax: 305375.2484) Metcalf & Eddy . 3740 Executive Way Miramam FL 33025 Tel: 454 450 7770 Fax: 954 4% Sloo ro rn -v 6. z o � x Q 002 as ;Afiaw of Vf VENDI 02- 385 *c* TOTAL PAGE.701 xou 11/11/99 TSU 15:51 FAX To: Bahram Armakan, Petro Hydro [A 001 Fax: (305) 594-8982 From: Amando A. Villanueva, DBD 41Y, Date: November 11, 1999 Re: E98-DERM-01 Questions CC: Clerk of the Board Paul Voight, DERM Pages: 3 Fax: (305) 375-2484 (305) 372-6982 ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply The following is the response to your question(s), copy attached, regarding the subject project: Q1: Under the HBE Set -Aside, de we have to list the Pollutant Storage System Specialty Contractor (PSSSC)? Al: No. Be advised that these are architectural/engineering professional services agreements. Any and each euvimmnentally-related construction project will be evaluated on a case-by-case basis with specific established contract measures. The selected firms must submit, at the time requested, a team of firms to perform the environmentally -related construction project and comply with the established contract measures for the aforementioned project Please note that under construction, there are no minority programs. The program that applies is the Community Small Business Enterprises (CSBE) program. Therefore, the PSSSC firm, if used to meet any CSBE subcontractor goal, must be certifi a CSBE, and not an HBE. Q2: Does the PSSSC have to be also an BBE? (} N71 - A2: See answer to "Q1" above. �Vv r a\ ................42 .8Sb 11/11/99 THU 15:52 FAX 40 002 Q3: Can PSSSC be considered under lack of availability of certified minority firms for specialized remedial work in conjunction with Well Drilling and Laboratory Analyses? A3: No. See answer to "Q1" above. Q4: Under HBE Set -Aside can we obtain PSSSC services from a CSBE? A4: Yes, provided that your initial team (ALL firms identified in your proposal) are certified as HBEs, INCLUDING the PSSSC firm which must ALSO be certified as a CSBE. If you do not include a PSSSC in your team and an environmentally - related construction project containing CSBE contract measures and requiring the services of a PSSSC, then you can proposed to use a DBD certified CSBE to meet the CSBE contract measures for aforementioned project. Q5: If the answer to question no. 4 above is yes, does the PSSSC have to be an HBE or the PSSSC can be from any CSBE grouping? A5: To meet the HBE Set -Aside requirement, all firms in your team must be certified as HBEs. A PSSSC is related to construction activities which is not the focus of these agreements. See the answers to "Ql" and "Q4" above_ Q6: Please verify with few example what is considered to be environmentally -related construction task? AliThese tasks would consist of the building, maintaining, painting, altering, or repairing of a public improvement in which work involving trades or occupations for which a certificatc of competency is required pursuant to Chapter 14 of the Miami -Dade County Code or Chapter 489, Florida Statutes. Q8: In connection to question no. 66..�above, what kind of remedial construction work can be performed by a qualifiedHBE none CSBE subcontractor? A8: The local minority programs (BBE/HBE/WBE) do not apply to construction. The program that would apply in this case would be the Community Small Business Enterprises (CSBE) Program. Q9: Please verify if there is going to be an%ddendum to this DBD Project No. E98- DERM-01 and theproposal submittal date. A9: Addendum N 9 issued on November 9, 1999. There is no change in the submittal date. 02- 385 02- vL. 11/11/99 THU 15:52 FAX -Z00Q� 196CL ON XU/YZl 90:CT aU 66/TZ/OT PETRO HYi�RO, INC. Environmental Engineering & Materia( Tesring Services October 21, 1999 Mr. Jose Luis Posada, R. Department of Business Development Court House Center 175 NW I" Avenue, 28m Floor Miami, Florida 33128 Re: DBD Project No. F-93-DERM -01 Dear Mr. Posada: It was a real pleasure meeting you and the Dade County DERM's Staff on October 14. 1999. As discusse d in that meeting our firm is a mietarity enterprise and intending to participate as prime consultant for the Con tract Measures establish for Hispanic Business Enterprise (IBE) Set -Aside. At this time we are cordially requesting answers for the following questions: 1. Under HBE Set -Aside, do we have to list the Pollutant Storage System Specialty Contractor (PSS: C)? 2. Does the PSSSC have to be also an HBE? 3. Can PSSSC be considered under lacks of availability of certified minority firms for specialized :ems idial work in conjunction with Well Drilling and Laboratory Analysis? 4. Under HBE Set -Aside can we obtain PSSSC services from a CSBE? 5. If the answer to question No. 4 above is yes, does the PSSSC have to be an HBE or the PSSSC mn be from any CSBE grouping. 6. Please Varity with few example what is considered m be environmentally -related construction t ask 7. Does tank pull, tank installation, or•remodisl system (groundwater treatment, soil vaporextraci ion. remedial system electric work) considered under envamimentally-related construction task 8- In connection to question No. 6 and 7 above, what kind of remedial construction work can be performed by a qualified HBE none CSBE Sub -Contractor. 9. Please verify if there is going to be an addendum to this DBD Project No. E98-DERM-01 and the i yew proposal submittal date. Please do not hesitate to contact Petro Hydro. Inc: at our M"iimi Office (305);..477-0879 should you have any question or comments. Sincerely, Petro $vdr% Inc- Bahram ac Bahram Armakan, P.E. V.P. Engineering Services C: Clerk of Board; Miami -Dade County, Florida Orlando Garcia, Jr., President Petra Hydro, fuc. 02— 385 85 la 003 177*7 N.W. 79th Avenue/ Miami. FL 33125 / Phnne: 305-477-0878 Fax: 335-594.8982 /E-mail: sarandrePi3e Isouth.net 11/11/99 THU 12:50 FAX x001 To: Ricardo Fraxedas, the IT Croup Fax: (305) 626-0814 From: Amando A. Villanueva, DBD Date: November 11, 1999 Re: E98-DERM-01 Questions Pages: 8 CC: Clerk of the Board Fax: (305) 375-2484 Paul Voigbt, DERM (305) 372-6982 ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply The following is the response to your question(s), copy attached, regarding the subject Project: Ql: What is the County's anticipated schedule for selection, award and Commission approval? A l : A schedule has not been set up at this time. However, it may take approximately 10-14 weeks from the receipt of the proposals, for the consultants to be selected and begin the negotiations of the agreements. Q2: What are the bonding requirements? 1s a bid bond required? Is a performance and payment bond required? If so, what will the bond values be? A2:'�Vhen conducting any environmentally -related construction tasks under the DERM 01 professional service agreements, a construction bond for the entire amount of the specified task will be required. No bid bond or performance and payment bond is required Q3: What are the insurance requirements? A3: ,.Although not yet established, the insurance requirements will be similar to those under the existing DEW -04 agreements, in which the selected firms arc required to maintain the following insurance: 1). Worker's Compensation Insurance for all employees of the selected fum. 2) Public Liability Insurance, on a comprehensive basis, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be named as an ................... -385 11/11/99 THU 12:51 FAX R002 additional insured with respect to this coverage. 3) Pollution Liability Insurance in an amount not less than. $500,000 combined single limit per occurrence. 4) Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $500,000 per occurrence combined single limit for bodily injury and property damage. Under no circumstances is the selected firm permitted on County airport property, Airside Operation Area, without increasing automobile coverage to $1,000,000. 5) Professional Liability Insurance in the amount of $1,000,000. Q4: Can a rigrf-minonty firm be on a set-aside team as a subcon r? (a Q5: Can a BBE, HBE or WBE firm who is submitting a proposal as a Prime on a set- aside contract also be a subcontractor on another set-aside team? A5: No. A firm who responds as a prime consultant can not respond as a subconsultant on another proposal within the advertised selection project. Q6: Can a BBE, BBE or WBE firm be a subcontractor on more than one set-aside team? A6: Yes, as long as the firm is eligible for the minority set-aside. For example, a firm that is certified as a BBE and HBE, may be a subcontractor on both the BBE set- aside and the HBE set-aside. However, it can not be a subcontractor on the WBE set-aside because it is not certified as a WBE. Q7: Can a BBE, HBE or WBE firm be subcontractor on a no -measure team and a set- aside team at the same time? A7: Yes, as long as the firm is eligible for the minority set-aside. Q8: Can a BBE, HBE or WBE firm submit proposals as a prime for both set-aside and no -measure? Can they be awarded both? A& No.. A firm responding as a prime consultant will have the opportunity to compete for only one agreement within the advertised selection project. Q9: Can a minority firm who is certified in two or more categories (for example WBE and HBE) be a prime or subcontractor on more than one set aside team using different categories (for example WBE on a WBE set-aside team as well as HBE on an HBE set-aside team)? A9: No. A minority film must first decide if it wants to respond as a prime consultant or a subconsultant. If the minority firm wishes to pursue the set-aside agreements and eligible for them, then the minority firm must choose one of the set-aside agreements, i.e., BBE set-aside or HBE set-aside or WBE set-aside. If the minority firm wishes to respond as a subconsultant, it may be a subconsultant on any of the set-aside agreements that it is eligible to participate in. 02- 385 11/11/99 THU 12=51 FAX a 003 Q10: Please explain the CSBE minima participation provision for construction work (see bottom of. RFQ page 3 of 7). What percent CSBE participation is anticipated? A10: Each environmentally -related construction task will be presented to the Review Committee where contract measures will be established at that time. Since there is no minority program with respect to construction, the contract measures will involve the Community Small Business Enterprises (CSBE) Program Q 11: Can construction work be self-perfomied by the prime or team subs under this contract? Al l : It would depend on the scope of work and the answer to "Q10" above. Q12: What is the definition of construction work? Al2: Construction consists of the building, maintaining, painting, altering, or repairing of a public improvement in which work involving trades or occupations for which a certificate of competency is required pursuant to Chapter 10 of the Miami -Dade County Code or Chapter 489, Florida Statutes. Q13: Is excavation and removal of contaminated soil considered construction work? A13: See answer to "Q12" above. Q14: Is excavation restoration construction work? A14: See answer to "Q12" above. Q15: Is removal of free product construction work? A15: See answer to "Q12" above. Q16: Are there any CSBE contractors with OSHA 40 -Hour Hazwhopper training and medical monitoring programs? A16: Currently, DBD does not have the requested information. You would need to contact the CSBE under consideration. Q17: Will contractors who are working on construction related work that is construction managed by a DERM-01 team be paid directly by the County"? Al 7: No. Q18: Will the dollar value of the construction work that is construction -managed by a team count towards the maximum $10,000,000 compensation limit? A18: Yes. Q19: Will meeting minutes for the pre -submittal project briefing be published? If so, how can copies be obtained? A19: There are no minutes of the pre -submittal project briefing. 02- 385 11/11/99 TSU 12:52 FAX 9004 Q20: How can we obtain copies of the sign in sheet for the pre-submittaI project briefing? A20: Make request in writing, to Jose Luis Posada's attention and fax a copy of the request to the Clerk of the Board. Q21: Do set-aside bidders have to submit Form DBED-104 "'set-aside list of subcontractors"? A21: No. Q22: Does Performance Data Sheet No_ 11 replace DBED-104? A22: Yes. It must be submitted with the proposal. Q23: Will there be any federally financed work for MDTA? Is there any requirement for DBE work? A23: Federally financed work which requires compliance with the DBE provisions of 49 Code of Federal Regulation Part 23, as previously conducted for MDTA and the Housing Department under the DERM-05 agreements, cannot be conducted under these DERM-01 agreements. A separate agreement will be advertised for federally financed work, as described above, in the near future_ Q24: Please confirm number of awards. Three set -asides and three no measures? A24: Yes. Six agreements in total: 1-13BE Sct-Asidc, 1-HBE Set -Aside, 1.-WBE Set- Aside, etAside, and 3 No Contract Measures. Q25: Who will be on the evaluation cornmittee? A25: Not appointed at this time. Please check with the Clerk of the Board. Upon appointment of the Selection Committee, a copy of the appointment memorandum will be filed with the Clerk of the Board. Q26: What are the specific criteria and scoring system that will be used for the evaluation of proposals. How can copies of the scoring sheet be obtained? A26: The selection process is conducted in accordance with the requirements set forth in Section 2-10.4 of the Miami -Dade County Code. Copies of this section of the Code may be obtained at the Clerk of the Board's office. Additionally, once the selection is made, the Consultant Selection Report which includes the tabulation sheet, is filed with the Clerk of the Board. Q27: Will the criteria that will be used for the evaluation of proposals be similar to the DERM-04 contract? A27: Yes. See answer to "Q26" above. Q28: Where can we get a copy of the proposal review criteria and scoring that was used for the DERM-04 contract? A28: Clerk of the Board. 02— 385 11/11/99 THU 12:52 FAX Q29: What are the specific criteria and scoring that will be used for the evaluation of oral presentations. How can copies of the scoring sheet be obtained? A29: See answer to "Q26". Q30": Will the criteria that will be used for the evaluation of oral presentations be similar to the DERM-04 contract? What are the differences? A30: Yes. See answer to "Q26". Q31: What is the criteria and scoring method that will be used for final selection and recommendation of the six teams to the Commission. A31: See answer to "Q26". Q32: Where can we get a copy of the DERM-04 proposal, oral presentation and final recommendation review criteria and scoring? A32: Clerk of the Board. Q33: There are several forms listed in the DBD Participation Provisions Table of Contents that were not attached to our copy (DBED Form 101, 102, 104, M-201, 105 and 106). Should they have been attached? Do we need them? A33: They were left out of the Participation Provisions because they were not applicable to this project. Q34: Have any addenda been issued? A34: Yes. Addendum No. 1, issued November 9, 1999. la 005 02- 385 11/11/99 THU 12:52 FAX the � October 28, 1999 Mr. Jose Luis Posada, R.A. Miami Dade County Department of Business Development Court House Center 175 NW ? Avenue, 28'h Floor N ianiL Florida 33128 Re: DBD Project No. E98-DERM-01 Pre -Proposal Questions Dear Mr. Posada, IT (:orporstion 16305 Northwest 48th Avenue Miami, A33011-6-116 Tel. 305.622.2860 ` F= 305.626.0814 t t A Momhcr of The 1T Group via. fax 305/349-591.5 and FedEx TT Corporation has reviewed the Notice to Professional Consultants (RFP) for the above referenced project. In accordance with the instructions in the RFP, we are submitting the following questions and request a written response from the County. 1. What is the County's anticipated schedule for selection, award and Commission approval? 2. What are the bonding requirements? Is a bid bond required? Is a performance and payment bond required? If so, what will the bond values be? 3. What are the insurance requirements? . 4. Can a non -minority firm be on a set-aside team as a subcontractor? 5. Can a BBE, HBE or WBE firm who is submitting a proposal as a Prime on a set- aside contract also be a subcontractor on another set-aside team? 6. Can a BBE, HBE or WBE firm be a subcontractor on more than one set-aside team? 7. Can a BBE, HBE or WBE firm be a subcontractor on a no -measure team and a set- aside team at the same time? 8. Can a BBE, HBE or WBE firm submit proposals as a prime for both set-aside and no -measure? Can they be awarded both? 9. Can a minority firm who is certified in two or more categories (for example WBE and BBE) be a prime or subcontractor on more than one set-aside team using different categories (for example WBE on a WBE set-aside team as well as HBE a a an HBE set-aside team)? 02— 385 10- Please explain the CSBE minimum participation provision for construction work (see bottom of RFQ page 3 of 7). What percent CSBE participation is anticipated" 11/11/99 THU 12:53 FAX f ` io1p01Ad0II A M ra w.r of The IT Group W. Jose Luis Posada Odobcx 28, 195 9 Mi�-1}a& Comfy DBD Page 2 of 3_ Q 007 11. Can construction work be self -performed by the prime or team subs under this contract? 12. What is the definition of construction work-? 13. Is excavation and removal of contaminated soil considered construction work? 14. Is excavation restoration construction work? 15. is removal of free product construction work? 16. Are there any CSBE contractors with OSHA 40 -hour Hazwhopper training and medical monitoring programs? 17. Will contractors who are working on construction related work that is constructioT managed by a DERM-01 team be paid directly by the CouW 18. Will the dollar value of the construction work that is construction -managed by a team count towards the maximum $10,000,000 compensation limit. 19. Will meeting minutes for the pre -submittal project briefing be published? If so, ho -iii can topics be obtained? 20. How can we obtain copies of the sign in sheet for the pre -submittal project briefing? 21. Do set-aside bidders have to submit Form DBED-104 "set-aside list of subcontractors"? 22. Does Performance Data Shot #11 replaceForm DBED-104? 23. Will there be any federally financed work for MDTA? is there any requirement for DBE participation? 24. Please confirm number of awards. Three set -asides and three no -measures? 25. Who will be on the evaluation committee? 26. What are the specific criteria and scoring system that will be used for the evaluatio i of proposals_ How can copies of the scoring sheet be obtained? 27. Will the criteria that will be used for the evaluation of proposals be similar to the DERM-04 contract? 28. Where can we get a copy of the proposal review criteria and scoring that was used for the DERM-04 contracts? 29. What are the specific criteria and scoring that will be used for the evahmnon of ora f presentations. How can copies of the scoring sheet be obtained? 30. Will the criteria that will be used for the evaluation of oral presentations be similar to the DERM-04 contract? What are the differences? 31. What is the criteria and scoring method that will be used far final selection and recommendation of the six teams to the Commission. 32. Where can we get a copy of the DERM-04 proposal, oral mon and final recommendation review criteria and scoring? 02- 385 11/11/99 THU 12:53 FAX lT Corpomden A Member of The IT Group Mr. Jose Luis Posada October 28, 1919 Miwm Dade County DBD Page 3 of 3 ;;. There are several forms listed in the DBD Participation Provisions Table of Contents that were not attached to our copy (DBED Form 101, 102, 104, M-201, I05 and 106). Should they have been attached? Do we need them? 34. Have any addenda been issued? Thank you, in advance, for your help in answering these questions. Please respond by fax to 305/626-0814. Sincerely, IT Corporation Ricardo Fraxedas Program Manager cc. Clerk of the Board, Miami Dade County Commission (via. fax 305/375-2484) 02- 181-1 a 008 11/12/99 FRI 13:14 FAX Department of Business Develepa tent 1.75 N. W. Fust Avenue, 281h F lour Miami, Florida 3;128 Ph: (307 349-! 965 Fx: (305) 349-! 915 R To: Maria Molina, Nova Consulting Fax: (305) 448-9733 From: Amando A. Villanueva, DSD 96/ Date: November 12, 1999 Re: E98-DERM-01 Questions Pages: 3 CC: Clerk of the Board Fax: (305) 375-2484 Paul Voight, DERM (305) 372-6982 0 Urgent 0 For Review 0 Please Comment ❑ Please Reply The following is the response to your question(s), copy attached, regarding the subject project= Ql : This question pertains to the WBE Set -Aside contract: Can the requirement for a Liquid Waste Transporter and a PSSS contractor be fulfilled with Non-WBE firms? To the best of my knowledge, there are not WBE firms certified by DBD and available to provide these specialty services. Should Non-WBE firms be allowed to participate as subcontractors on a WBE Set -Aside team, please provide any procedures to obtain permission (if required) to include such firms m the WBE team- Al: eam, a 001 Al: No. These services are not a requirement of this project In order to comply with the requirements of a WBE Set -Aside, all faros in the respondent's team must be certified as WBE by DBD. The only services that have been exempt are stated in the "Notice to Professional Consultants" and these are: Well drilling and Laboratory Analyses. Be advised that these are architecturaVengineering professional services agreements. Any and each environmentally -related construction project will be evaluated on a case-by-case basis with specific established contract measures. The selected firms must submit, at the time requested, a team of firms to perform the environmentally -relaxed construction project and comply with the established contract measures for the aforementioned project. Please note that under construction, there are no minority programs. The program that applies is the Community Small Business Enterprises (CSBE) program. Therefore, the PSSSC or Liquid Waste .. ..... .0'2 '385 11/12/99 FRI 13:15 FAX Q 002 Transporter firm, if used to meet a CSBE subcontractor goal, must be certified by DBD as a CSBE, and not a WBE. 02 385 1:•x•12/0 FRI 16:53 FAX S' 11001 1 II I 1 Business 111Developi sent I loor Miaink Florida 3.1128 1 z:?x...�zs' 4w'� ,.•. .� r , .m—a�'-.•.,+m�—c-'k 1 ..�+ '>{, ...:..���' w'-; � i. r� 1.,: Cdol f ■ M I ti ; 3' -1 r ` o� _ "'� eel x f I .t,.. h..l'd, r''.;s_ . 3. ...t k,2�-,�, i. To: Bahram Artnakan, Petro Hydro Fax: (305) 594-9982 From: Amando A. Villanueva, DBD *- Date: November 12,1999 Rc: Revised: E98-DERM-01 Questions Pages: 3 CC: Clerk of the Board Fa= (305) 375-2484 Paul Voigbt, DERM (305) 372-6982 ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply The following is the response to your question(s), copy attached, regarding the subject project: Q1: Under the HBE Set -Aside, de we have to list the Pollutant Storage System Specialty Contractor (PSSSC)? Al: No. Be advised that these are architectural/engineering professional services agreements. Any and each environmentally -related construction project will be evaluated on a case-by-case basis with specific established contract measures_ The selected firms must submit, at the time requested, a team of firms to perform the environmentally -related construction project and comply with the established contract measures for the aforementioned project Please note that under construction, there are no minority programs. The program that applies is the Community Small Business Enterprises (CSBE) program. Therefore, the PSSSC firm., if used to meet any CSBE subcontractor goal, must be certified by DBD as a CSBE, and not an BBE. Q2: Does the PSSSC have to be also an HBE? A2: See answer to "Q I" above. Q3: Can PSSSC be considered under lack of availability of certified minority firms for specialized remedial work in conjunction with Well Drilling and Laboratory Analyses? ....................... p2- 385 11/12/99 FRI 16:54 FAX A3: No. See answer to "Q1" above. Q4: Under HBE Set Aside can we obtain PSSSC services from a CSBE? Q002 A4: Yes, provided that your initial team (ALL firms identified in your proposal) are certified as BBEs, INCLUDING the PSSSC firm which must ALSO be certified as a CSBE. If you do not include a PSSSC in your team and an environmentally - related construction project containing CSBE contract measures and requiring the services of a PSSSC, then you can proposed to use a DBD certified CSBE to meet the CSBE contract measures for aforementioned project. Q5: if the answer to question no. 4 above is yes, does the PSSSC have to be an HBE or the PSSSC can be from any CSBE grouping? AS: To meet the HBE Set -Aside requirement, all firms in your team must be certified as HBEs. A PSSSC is related to construction activities which is not the focus of these agreements. See the answers to "Q1" and "Q4" above. Q6: Please verify with few example what is considered to be environmentally -related construction task? A6: These tasks would consist of the building, maintaining, painting, altering, or repairing of a public improvement in which work involving trades or occupations for which a certificate of competency is required pursuant to Chapter 10 of the Miami -Dade County Code or Chapter 489, Florida Statutes. Q7: Does tank pull, tank installation, or remedial system (groundwater treatment, soil vapor extraction. remedial system electric work) considered under environmentally -related construction task? A7: Yes. Q8: In connection to question no. 6 and 7 above, what kind of remedial construction work can be performed by a qualified BBE none CSBE subcontractor? A8: The local minority programs (BBEMBEMBE) do not apply to construction. The program that would apply in this case would be the Community Small Business Enterprises (CSBE) Program_ Q9: Please verify if there is going to be an addendum to this DBD Project No. E98- DERM-01 and the new proposal submittal date. A9: Addendum No. 1 was issued on November 9, 1999. There is no change in the submittal date. 315 11/12/99 FRI 16:55 FAg goo@ 196C! ON IM/!ELI SO�CT. Z 66/TZ/OT .��.. p�y R u r . 1 LTJ\ J_ 1�� IN.C.- TN C �. Environmental Engineering & Material Testing Services October 21. 1999 Mr. Jose Luis Posada, R. A. Department of Business Development Court House Center 175 NW 10 Avenue. 28°i Floor Miami, Florida 33128 Re: DBD Project No. E99-DERM -01 Dear Mr. Posada: Q 003 It was a neat pleasure meeting you and the Dade County DERM's Staff on October 14, 1999. As discusse 3 in that meeting our fma is a minority enterprise and intending to participate as prime consultant for the Con tract Measures establish for Hispanic Business Bnterpriie (HBE) Set -Aside. At this time we are cordially requesting answers for the following questions: l . Under RBE Set Aside, do we have to list the Polhaud Storage System Specialty Conttactor (PSS: C)? 2. Does the PSSSC have to be also an HBE? 3. Can PSSSC be considered under lack of availability of certified minority firms for specialized remo dial work in conjunction with Well Drilling and Laboratory Analysis? 4. Under RBE Set -Aside can we obtain PSSSC services from a CSBE? 5. If the answer to question No. 4 above is yes, does the PSSSC have to be an HBE or the PSSSC :an be from any CSBE grouping. 6. Please Varity with few example what is considered to be environmentally -related construction i ask 7. Does tank pull, tank installation, or -remedial system (g oundwater treatment, sail vapor extras :ion. remedial system electric work) considered under environmentally -related construction task S. in connection to question No. 6 and 7 above, what kind of remedial construction work car be performed by a qualified GIBE none CSBE Sub -Contractor. 9. Please verify if there is going to be an addendum to this DBD Project No. E98-DERM-01 and the iew proposal submittal date. Please do not hesitate to contact Petro Hydro, Inc. at our Miami Office (305)477-0878 should you have any question or comments. Sincerely, Petro Hydro, Inc. Bahram Armakan, P.E. V.P. Engineering Services C: Clerk of Board, Miami -Dade County, Florida Orlando Garcia, Jr., President, P4Rro Hydro. Inc. 02- 385 17 /7 N.W. 79th Avenue I Miami. FL 33126 / Phanp; 305-477-[1£378 / Fax: 3C5-594 8982 / E-mail: sarandreC& Ilsouth.not 11/12/99 FRI 13:15 FAX FROM :NOVR CONING :3063496918 NOVA CONSULTING. INC_ Q 003 199 ,11-11 17:00 #306 x.01/02 To Mr. Jose Luis Posada, R.A. Project Na e: DERM Contarnkmtjon Cleanup Consultant Coordinator Services for Miami -Dade County FadTides Dan Project I b.: E9i3-DERM-01 175 Nw First Ave., 2e M. d to: November 4, 1999 y Miami. FL 33128 a ora, Phone Na. (305) 349.598a Fax p.; (305) 349-5915 From. Ms. Maria J_ Molina, P.E. �BASQ, Me—"3'n%& A a.5 sv�K Nova Consulting, Inc- 2701 ng2701 Ponce de Leon Blvd., Ste 203 Coral Gables, Florida 33134 SENTVW Facsimile X U.S. Mail Fedex: HaA Delivery! COPIES REM DATED DqqCRlFnON We are farurara'mrlg is you.,. These transm&ed... c � r� Carrgs�pandanee Far lose 'a � -4 Contract 000mants For IAppre-5t C ,r.3 t3rigirrals as you y Reproductions For a Comment Pr ed Prints Pkase an & Realm all copies spadfc owns Make as noted Rtpatts X Please by; ASAP EXOther: See questlaw below X Other Requested 13119ST1nms- I This question pertains to the WBE SET-ASIDE cont3st Can the requi for a Liquid WaSte Transporter and a PSSS contractor be fulfilled with NON-WBE forms? To the best o knowied e, there are not WBE firms certified by DED and available to provide these specialty ser-=. Should NON -ME firms be allowed to Participate as subcontractors on a WBE SET-ASIDE to please provide any procedures to obtain permission (If tdmd) to include such firms in the WBE to q �o SIGNED: Q"•'�' �"'� bMeft , P.E. Please � {305 �d8�a 6 �� lm�s acyl Ow Fez ox.*w is 00% "84M cCrauaacSt ."d AWARD UNDER MIAMI-DADE COUNTY DBD PROJECT NO. E98-DERM-01 ITEM: Groundwater, Surface Water & Soil Contamination cleanup Services DEPARTMENT: GSA TYPE OF PURCHASE: Contract REASON: The Department General Services Administration has a need to secure a contract for the procurement of complete Groundwater, Surface Water and Soil Contamination Cleanup Services. RECOMMENDATION: It is recommended that award be made to Various Vendors, for the procurement of complete Groundwater, Surface Water and Soil Contamination Cleanup Services, under existing Miami -Dade County Contract, DBD Project No. E98-DERM-01, effective through July 17, 2003, with the option to extend by mutual written consent of the parties for two (2) additional one-year periods, subject to any extensions by Miami -Dade County, for the Department of General Services Administration, at a total annual amount not to exceed $1,406,100; allocating funds therefor from the Capital Improvement Project No. 311700.429301.6.340, subject to availability of funds. -�/ ° L_ ate Award Under Dade County Contracts 02- 385