Loading...
HomeMy WebLinkAboutR-02-0954J-02-756 9/04/02 RESOLUTION NO. 01,,,)— 954 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF ASPHALTIC CONCRETE FROM VARIOUS VENDORS, UTILIZING EXISTING MIAMI-DADE COUNTY BID NO. 6752 -0/05 - CW, ON AN AS -NEEDED CONTRACT BASIS, EFFECTIVE THROUGH OCTOBER 31, 2006, SUBJECT TO ANY EXTENSIONS BY MIAMI-DADE COUNTY, FOR THE DEPARTMENT OF PUBLIC WORKS, OPERATIONS DIVISION, AT AN ANNUAL AMOUNT NOT TO EXCEED $22,000, WITH A TOTAL CONTRACT VALUE NOT TO EXCEED $88,000; ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO. 001000.310501.6.750. WHEREAS, the Department of Public Works, Operations Division has a need to purchase asphaltic concrete, on an as -needed basis, utilizing existing Miami -Dade County Bid No. 6452 -0/05 -CW, effective until October 31, 2006, subject to any extensions by Miami -Dade County; and WHEREAS, the purchase of concrete is required for filling potholes, pavement edges and to repair deteriorating sidewalks and the public rights-of-way; and WHEREAS, various municipalities and agencies have realized substantial savings utilizing the Miami -Dade County bid; and CITY COMMISSION MEETING OF r r r1 1 202 Resolution Pio. 02- WHEREAS, the City Manager and Director of Public Works recommend the procurement of asphaltic concrete from Various Vendors, be approved; and WHEREAS, funds No. 001000.310501.6.750; are available from Account NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The procurement of asphaltic concrete from Various Vendors utilizing existing Miami -Dade County Bid No. 6752 -0/05 -CW, on an as -needed contract basis, effective through October 31, 2006, subject to any extensions by Miami -Dade County, for the Department of Public Works, Operations Division, at an annual amount not to exceed $22,000, with a total contract value of $88,000, is approved, with funds allocated from Account No. 001000.310501.6.750. Page 2 of 3 02— 954 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.11 PASSED AND ADOPTED this 11th day of September , 2002. MANUEL A. DIAZ, MA TEST: P ISCILLA A. THOMPSON CITY CLERK APPROVED,,lS � FORM ,CORRECTNESS -t/ NDRO VILARELLO ATTORNEY W6509:BSS:AS 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 3 of 3 Vy� 2— 9 4 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE Of the City Commission SUBJECT: FROM: G• enez REFERENCES: ity Manage r ENCLOSURES: RECOMMENDATION CA -8 J i 7"n" _ FILE: Resolution authorizing Purchase of Asphaltic Concrete under Miami - Dade County Bid No. 6752 -0/05 -CW It is respectfully recommended that the City Commission adopt the attached Resolution authorizing a contract for the purchase of Asphaltic Concrete from various vendors, under existing Miami -Dade County Bid No. 6752 -0/05 -CW, effective until October 31, 2006, on an as needed contract basis, on an annual basis, subject to any extension thereto by Miami -Dade County. Funds are allocated in the amount of $22,000.00 from Account No. 001000.310501.6.750 authorizing said purchases, as needed, subject to availability of funds. BACKGROUND The purchase of asphaltic concrete will be used by the Public Works Operations Division for the filling of potholes, pavement edges, to safe -up deteriorating sidewalks due to the accelerated growth of tree roots within the public right-of-ways. Various municipalities and agencies have realized substantial savings utilizing the Miami -Dade County contract for. the purchase of asphaltic concrete from various vendors. The Purchasing Department has a need to secure a contract for this commodity for use by the Public Works department on an as needed basis, when needed contract basis under existing Miami -Dade County Bid No. 6752 -0/05 -CW. It is therefore recommended that award be made to various vendors for the purchase of said commodities. Funds are allocated from Account No. 001000.310501.6.750 for the purchase of Asphaltic Concrete. Fiscal Impact: None — General Fund Budgeted Item _t l_4v 01 � 0" CAG/FKR/JHJ/JSC 02- 954 a Budgetary Impact Analysis 1. Department P9&i i c Works Division oPerat; ons 2. Agenda Item # (if available) 3. Title and brief description of legislation or attach ordinance/resolution: The purchase of Asphaltic Concrete will be used for the filling of potholes by the Department of Public,Works Operations Division, to repair pavement edges, to safe—up deteriorating sidevalks due to the accelerated growth of tree roots within the public right—of—ways 4. Is this item related to revenue? NO: YES (If yes, skip to item #7.) 5. Are there sufficient funds UM""? YES: x Index Code 31nrini _Minor Obj. Code 75� Amount _1,20 , 857.75 ( FY' 00 2) ) NO: _ Complete the following questions: $ 1,142.25 (FY' 0 2-0 3 ) 6. Source of funds: Amount budgeted in the Line Item $_ Balance in Line Item $ Amount needed in the Line Item $ Q„44:..:e..+ 4—Ao -411 1,0 *renefP,",P i from the fnllnwina line items - 7 ACTION ACCOUNT NUMBER ACCOUNT NAME TOTAL index/Minor Ob'ect/Pro'ect No. Verified by: Transfer done by: From $ From $ From $ To $ Any additional comments? 8. Approved by Itz i)enartment irector/Desi¢nee Date FOR DEPARTMENT OF MANAGEMENT AND BUDGET USE ONLY Verified by: Verified by: Transfer done by: Bu!t�A�na;g , Budget Analyst #� ` Department of Management and Budget Director/Designee Date j e 1- Date es 0 01` 00� Date 0� 954 4W CONTRACT AWARD SHEET DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION BID NO. 6752 -0/05 -CW Previous Bid No.:0888-3/02-1 TITLE: Asphaltic Concrete, Various Types BPO# ABCW0200019 COMMODITY CODE NO.: 745-14 OTR YEARS: N/A LIVING WAGE APPLIES: ❑ YES ® NO P CONTRACT PERIOD: 11/01/01 through 10/31/06 AWARD BASED ON MEASURES: ❑ YES ® NO ® SP -PROCUREMENT AGENT: Ed Mason ® PROCUREMENT AGENT: Margaret Wstws 0PROCUREMENT TECHNICIAN: PamdaJenkms-Jones PHONE: 305-375-3900 ❑ Set Aside 0 Bid Preference ❑ Goal ' ❑ BBE ❑ HBE ❑ WBE Owned Firms ❑ Local Preference CSBE Level ❑ Prevailing Wages (Reno. 90-143) ❑ Living Wage PART #1: VENDOR AWARDED F.E.I.N.: VENDOR: STREET: CITY/STATE/ZIP: F.O.B. TERMS: PAYMENT TERMS: DELIVERY: TOLL FREE PHONE ## PHONE: FAX: E-MAII.: CONTACT PERSON: 581401476-01 APAC Florida, Inc. 7600 N.W. 69* Avenue Miami, F133166 Y Dest. 2% 20 Days As Required N/A 305-477-5058 305-863-0443 N/A Bob Pritchard 590558678-01 Brewer Co. Of Fl. , Inc. 10400 N.W. 121 Way Miami, Fl 33178 Dest. Net 30 Days As Required N/A 305-364-3595 305-364-3599 N/A Walter Brewer DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION I A WARD SHMAec Rev"009/19x00 02— 954 A TYPE III, SURFACE COARSE, PRICES PER TON: 10. F.O.B. Plant, Pick-up: APAC: 36.00 Brewer. 37.00 General: 33.00 H & J: 34.00 11. North Zone Delivered: H & J: 33.00 General: 37.00 12. South Zone Delivered: H & J: 33.00 General: 37.00 TYPE PM -7, SM, COLD MIX, PRICES PER TON: 13. F.O.B. Plant, Pick-up: APAC: 36.00 Brewer. 37.00 General: 37.00 H & J: 34.00 14. North Zone Delivered: H & J: 33.00 Brewer. 41.00 General: 41.00 15. South Zone Delivered: H & J: 33.00 Brewer. 41.00 General: 41.00 Minimum Tons Delivered, Except Items #1, #4, #7, #10, #13: Brewer. 21 Tons General:. 20 Tons H & J: 10 Tons RC -70 OR ASPHALTIC EMULSION PRIME MATERIAL, PRICES PER GALLON: 16. F.O.B. Plant, Pick-up: APAC: 3.00 Brewer. 4.10 General: 1.75 H & J: 2.50 17. North Zone Delivered: H & J: 2.50 Brewer. 8.00 18. South Zone Delivered: H & J: 2.50 Brewer. 8.00 Minimum Gallons Delivered: H & J: 50 Gal. ASPHALTIC POTHOLE PATCH, PRICES PER TON; 19. F.O.B. Plant, Pick-up: 20. North Zone Delivered: 21. South Zone Delivered: Minimum Tons Delivered: Brand Supplied: Community: 51.75 General: 54.00 General: 54.00 General: 20 Tons R2000 Brewer. 1200 Gal. ASPHALTIC POTHOLE PATCH, PRICES PER 50 LB. BAG: General: 50.00 Community: 57.75 Community: 57.75 Community: 20 Tons EZ Street 22. 50 Lb. Bag, F.O.B. Plant, Pick-up: Commercial: 9.00 23. 50 Lb. Bag, North Zone Delivered: Commercial: 10.00 24. 50 Lb. Bag, South Zone Delivered: Commercial: 10.00 Minimum Bags Delivered: 56 Bags Brand Supplied: EZ Street Options: A. Charge to open plant other than normal hours: APAC: 1,000.00 Brewer. 5,000.00 Community. 3,000.00 General: 1,000.00 H & J: 500,00 B. Additional charge ner ton to deliver other than normal hours of operation: Brewer: 50.00 Community. 5.00 General: 4.00 H &-J: 2.00 Contact Person, Emergency Contact Person and Phone Number, Normal hours & Days: APAC: Bob Pritchard, 305477-5058; Mike Lyttle, 305-863-9007, Mon./Fri./7am/4pm Brewer: Walter Brewer, 305-3643595; Same, 305-986-0995, MonJFri./6am/4pm Commercial: Jim Stansell, 305-829-0700; Same, 305-796-9725, Mon./Fri/8am/4pm General: Robert Lopez, 305-592-3480, same for emergency, Mon./Fr./7am/4pm H & J: Maria Gomez, 305-635-8110; Jose Pimentel, 786-402-3455,MonJFri/7am/4pm DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 3 AWARD SHEETAoc Revised 09/19/00 �� 954 PART #E3: AWARD RWORi...� BCC AWARD DATE: 9/11/01 AGENDA ITEM #: 6N3A(012268) ' BIDS & CONTRACTS RELEASE DATE: 10/02/01 OTR YEAR: N/A ADDITIONAL ITEMS ALLOWED: NO SPECIAL CONDITIONS: SEE ATTACHED TOTAL CONTRACT VALUE: S 4,807,000.00 USER DEPARTMENTS) DOLLAR ALLOCATED USER DEPARTMENTS) DOLLAR ALLOCATED AVIATION $ 100,000.00 PARKS S 250,000.00 Public Works S 2,650,000.00 SEAPORT S 30,000.00 WASAD S 1,340,000.00 DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 3 AWARD 51MADC AevindOgnW D 0 944 BID NO.: 6752 -0/05 -CW OPENING: 2:00 P.M. WEDNESDAY April 25, 2001 MIAMI -DARE COUNTY, FLORIDA INVITATION TO BID TITLE ASPHALTIC CONCRETE (VARIOUS TYPES) FOR VARIOUS MIAMI-DADE COUNTY DEPARTMENTS FOR A FIVE (5) YEAR PERIOD THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW: AFFIDAVITS: ......................................................................................... SEE APPENDIX -SECTION I BID DEPOSIT AND PERFORMANCE BOND: ................................. N/A CATALOGUE AND LISTS: .................................................................. N/A CERTIFICATE OF COMPETENCY: ................................................. N/A EQUIPMENTLIST: .............................................................................. N/A INDEMNIFICATION/INSURANCE: ................................................... SEE SECTION 2.0, PARA. 2.11 LIVINGWAGE: .................................................................................... N/A PRE-BID CONFERENCE/WALK THRU:.......................................... N/A RACE -CONSCIOUSNESS MEASURE: .............................................. N/A SAMPLESANFORMATION SHEETS: ............................................... N/A SECTION3 - MDHA:............................................................................ N/A SITE VISIT/AFFIDAVIT: ..................................................................... N/A SURCHARGE FEE:................................................................................ SEE SECTION 2.0, PARA. 2.21 WRITTEN WARRANTY: ..................................................................... N/A FOR INFORMATION CONTACT Edward Mason, CPPB, at 305-375-3900 IMPORTANT NOTICE TO BIDDERS N/A MIAMI-DADE COUNTY DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION FAILURE TO SIGN PAGE 23 OF SECTION 4.0, BID PROPOSAL WILL RENDER YOUR BID NON-RESPONSIVE BID SHELL FORMALDOC Last Revised 07/AW 02- 954 MIAMI-DADE C^W } NO.: 6752 -0/05 -CW INSTRUCTIONS FOR MAILING A BID IN RESPONSE TO A FORMAL BID SOLICITATION Each bid proposal submitted to the CLERK OF THE BOARD will have the following information clearly marked on the face of the envelope: > Bidder's Name and Return Address > Bid Number > Opening Date of Bid > Title of the Bid Failure to include this information may result in your bid not being considered. The bidder will submit each bid proposal, consisting of one original and three copies and any attachments in one envelope. Bid responses submitted at the same time for diff=erent bid solicitations shall be placed in separate envelopes and each envelope shall contain the information previously stated. Failure to comply with this requirement may result in the bid from being considered. "BIDS/PROPOSALS MUST BE SUBMITTED IN A SEALED ENVELOPE OR CONTAINER AND WILL BE OPENED PROMPTLY AT THE SUBMITTAL DEADLINE. BIDS/PROPOSALS RECEIVED AFTER THE FIRST BID/PROPOSAL ENVELOPE OR CONTAINER HAS BEEN OPENED WILL NOT BE OPENED OR CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING BIDS/PROPOSALS TO THE CLERK OF THE BOARD ON OR BEFORE THE STATED TIME AND DATE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER. MIAMI-DADE COUNTY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ANY MAIL, PACKAGE OR COURIER SERVICE, INCLUDING THE U.S. MAIL, OR CAUSED BY ANY OTHER OCCURRENCE." THIS BID/PROPOSAL SHALL BE SUBMITTED TO THE FOLLOWING ADDRESS: CLERK OF THE BOARD Stephen P. Clark Center 111 NW 1st Street,17th Floor, Suite 202 Miami, Florida 33128-1983 The County provides equal access and does not discriminate on the basis of disability in its programs or services. It is our policy to make any communication available to the public. It is also available to the people who are blind/visually impaired and deaUhard of hearing. If you require information in an alternate format please call 305-375-5278. " mm m +02- 954 MIAMI-DADE COCCY 1.1 DEFINITIONS rNO.: 6752 -0/05 -CW SECTION 1 GENERAL TERMS AND CONDITIONS The term "bid'.' shall refer to any offer(s) submitted in response to this bid solicitation. The term "County" shall refer to Miami -Dade County. The term "bidder" shall refer to anyone submitting a bid in response to this bid solicitation. The term "contractor" or "successful bidder" shall refer to the bidder receiving an award as a result of this bid solicitation. The term "bid solicitation" shall mean this bid solicitation, the bidder's response to this bid solicitation, as approved by the County in accordance with Administrative Order 3-2 and any purchase order or change order issued by DPM. The term "DPM" shall refer to Miami -Dade County's Department of Procurement Management. 1.2 CONTENTS OF BID A. General Conditions (1) It is the sole responsibility of the bidder to become thoroughly familiar with the bid requirements and all terms and conditions affecting the performance of this bid solicitation. Pleas of ignorance by the bidder of conditions that exist, or that may exist will not be accepted as a basis for varying the requirements of the County, or the compensation to be paid to the successful bidder. (2) The bidder is advised that this bid solicitation is subject to all legal requirements contained in the County's Administrative Order 3-2 and all other applicable County Ordinances and/or State and Federal Statutes. Where conflicts exist between this bid solicitation and these legal requirements, the higher authority shall prevail in the following order: Federal, State and local. B. Additional Information/Addenda (1) Request for additional information, explanation, clarification or interpretation must be made in writing to the Department of Procurement Management, Bids and Contracts Division contact person identified on the cover page of this bid solicitation and file a copy with the Clerk of the Board, 111 NW 1 st Street, 17'h Floor, Suite 202, Miami, Florida. The II 02- 954 REMW08, MIAMI-DADE CC0K.TY PNO.: 6752 -0/05 -CW request shall be received no later than fourteen (14) working days prior to the bid opening date. Any request received after that time may not be reviewed for inclusion in this bid solicitation. The request shall contain the requester's name, address, and telephone number. If transmitted by facsimile, the request shall also include a cover sheet, with the sender's facsimile number. This bid solicitation is subject to the "Cone of Silence" in accordance with County Ordinance No. 98-106. "CONE OF SILENCE" PURSUANT TO ORDINANCE 98-106, AS AMENDED, A "CONE OF SILENCE" IS IMPOSED UPON RFPs, RFQs OR BIDS AFTER ADVERTISEMENT AND TERMINATES AT THE TIM 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 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 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 COMMUNICATION WITH 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. IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW, VIOLATION OF ORDINANCE 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. (2) The Department of Procurement Management, Bids and Contracts Division will issue a response to any inquiry, as it deems necessary, by written addenda, issued prior to the bid opening date. The bidder shall not rely on any representation, statement or explanation other than those made in this bid solicitation document or in any addenda issued. Where there appears to be a conflict between this bid solicitation, and any addenda issued, the last addendum issued will prevail. III 02- 954 REMMOV MIAMI-DADE Criy E 6752 -0/05 -CW (3) It is the bidder's responsibility to ensure receipt of all addenda and substitute bid proposal forms. If applicable, the bidder is required to submit the substitute bid proposal forms and acknowledge the number of addenda received as part of this bid solicitation, by completing and signing the attached Addenda Acknowledgment Form. C. Conflicts in this Bid Solicitation Where there appears to be a conflict between the General Terms and Conditions, the Special Conditions, the Technical Specifications, the bid proposal Section, or any addendum issued, the order of precedence shall be: the last addendum issued, the bid proposal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. ' D. Prices Contained in this Bid Solicitation (1) Prompt Payment Terms a. The bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest -price for bid evaluation purposes. b. The bidder is required to provide prompt payment terms in the space provided on the bid proposal signature page of this bid solicitation. If no prompt payment discount is being offered, the bidder shall enter zero (0) for the percentage discount to indicate no discount. If the bidder fails to enter a percentage, it is hereby understood and agreed that the payment terms will be 2% 20 days, effective after receipt of invoice or final acceptance, whichever is later. 13 PREPARATION AND SUBMISSION OF BID A. Preparation/Submission (1) The bid proposal form shall be used when submitting a bid. Use of any other form shall result in the rejection of the bidder's Proposal. (2) The bid will either be typed or completed legibly in ink. The bidder's authorized agent will sign the bid proposal Form in ink, and the authorized agent will initial all corrections made by the bidder in ink. The use of pencil or erasable ink may result in the rejection of the bid. Failure to sign the Bid Proposal signature page will render your bid non- responsive. (3) Where there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. iv 02- 954 ,EMm08, MIAMI-DADE CP TY 1 NO.: 6752 -0/05 -CW (4) The County may consider additional bid proposal(s) from the same bidder for the same bid solicitation, provided that; (a) the additional bid(s) offer a different product and/or level of service that meets or exceeds this bid solicitation requirements; (b) the bidder completes a separate bid proposal Form for each bid and shall mark "Alternate bid(s)" on the first page. Failure to comply with the foregoing may result in the rejection of the additional bid(s). (5) The bidder is allowed to offer multiple product brand names for each item listed on the bid proposal; provided that (a) such offer is allowable in accordance with Section 2.9 of this bid solicitation and (b) the same price is offered for all brand names bid. If the County determines that all brand names are acceptable based on the quality standards, the County may, at its option, order either of the brands names made available through this bid solicitation. Conversely, the Vendor will deliver the brand name that has been ordered by the County. (6) Unless otherwise specified in the Special Terms and Conditions, the proposed delivery and/or completion time, if required, shall be stated in calendar days. (7) The bidder shall not charge tax, as the County is exempt from all State, Excise, Federal and Local sales tax. Not withstanding, any tax on materials and/or supplies which are purchased by the bidder, in conjunction with this bid solicitation shall be subject to the Florida State Sales Tax, in accordance with Section 212.08 of Florida Statutes, amended 1970, and all amendments thereto, shall be borne solely by the bidder. When the bidder does not manufacture the materials and/or supplies, taxes must be incorporated in the bid price, not as a separate item. When materials and/or supplies are manufactured by the bidder and are not for resale, the County is exempt. The County may be subject to applicable taxes on goods purchased for the purpose of resale. Upon request, the County will provide a tax exemption certificate, if applicable. Any special tax requirements will be spdcified either in the Special Conditions or in the Technical Specifications. (8) Any telegraphic or facsimile bid will not be considered. (9) The bidder shall incorporate in their bid price all costs related to this bid solicitation. (10) The apparent silence of the specifications and any addenda regarding any details or the omission from the specifications of a detailed description concerning any point shall be regarded as. meaning that only the best commercial practices are to prevail, and that only materials and workmanship of first quality are to be used. All interpretations of the specifications shall be made upon the basis of this bid solicitation. V 02- 954 REVSWOW 0^ MIAMI-DADE CC 4TY B. Vendor Registration 0^ A j NO.: 6752 -0/05 -CW The County requires the bidder to complete a registration application including the required disclosure affidavits with the Department of Procurement Management. The bidder must be registered to be recommended for any contract award*. To register, or for assistance in registering, contact Vendor Assistance at 305-375-5287. *Section 2-11.1(d) of the County Code provides that a person (County Employee) may not enter into any contract or transact any business through a Gray corporation, partnership or business entity in which he or any member of his immediate family has a controlling financial interest, direct or indirect, with the County or any person or agency acting for the County and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. For additional information please contact the Ethics Commission hot line at 305-579-2593. The following are the documents with the vendor registration application: (1) Disclosure of Employment Affidavit Pursuant to County Ordinance No. 90-133, the bidder shall disclose the composition of the workforce, wages and benefits to be paid and existence of collective bargaining agreement. (2) Disclosure of Ownership Affidavit Pursuant to County Ordinance No. 88-121, the bidder shall disclose the full legal name and business address of any individual (other than subcontractors, materialmen, suppliers, laborers, or lenders) that have, or will have any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with the County. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or businesstransaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. Post Office addresses are not acceptable. (3) Drug -Free Affidavit Pursuant to County Ordinance No. 92-15, the bidder shall certify that it is providing a drug-free workplace and notices to each employee of the danger of drug' abuse; the firm's policy of maintaining a drug-free environment; availability of drug counseling, rehabilitation and employee assistance programs; and penalties that may be imposed upon employees for drug abuse violations. The bidder shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms of the drug-free workplace policy, and notify the employer if any criminal conviction occurring no later than five (5) days VI aevISo oar MIAMI-DADE C(?h TY i� NO.: 6752 -0/05 -CW after receiving notice of such conviction, and impose appropriate personnel action against the employee up to and including termination. (4) Family Leave Affidavit Pursuant to County Ordinance No. 91-142, the bidder shall certify that it entitles an employee who has worked for the firm for at least one (1) year, ninety (90) days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination or employment or employer retaliation. (5) W-9 and 8109 forms The bidder must furnish a W-9 and 8109 (Federal Tax Deposit Coupon) forms as required by the Internal Revenue Service in order to enter into this contract with the County. (6) Social Security Number The bidder must fiunish a copy of the Social Security card if a social security number is being used in lieu of the Federal Identification Number (F.E.I.N.). C. Americans with Disabilities Act (A.D.A.) Affidavit It is the policy of the County to comply with all requirements of the Americans with Disabilities Act (A.D.A.). For A.D.A. complaints call 305-375-3566. The bidder recommended for award shall be required to complete an A.D.A. affidavit in accordance with County Resolution No. 385-95 prior to the award of this bid solicitation. Failure to complete the affidavit as required may result in the rescinding of the recommendation for award. (See Appendix - Section 1) D. Antitrust Laws By acceptance of this contract, the successful bidder agrees to comply with all antitrust laws of the United States and the State of Florida, in order to protect the public from restraint of trade, which illegally increases prices. E. Collection of Fees, Taxes and Parking Tickets Affidavit Pursuant to the ,procedures contained in Section 2-8.1 (c) of the County Code, and as amended by County Ordinance No. 95-178, the bidder shall certify that all delinquent and currently due fees, taxes and parking tickets have been paid. (See Appendix - Section 1) VII 02- 954 MIAMI-DADE CrFY I NO.: 6752 -0/05 -CW F. Conflict of Interest and Code of Ethics Pursuant to County Ordinance No. 98-73 amending Section 2-11.1(s) of the County Code, every lobbyist whom is found to be in violation of this section shall be prohibited from registering as a lobbyist or lobbying in accordance with the following schedule: First violation, for a period of 90 days from the date of determination of violation; Second violation, for a period of one (1) year from the date of determination of violation; Third violation, for a period of five (5) years from the date of determination of violation; p The bidder shall be subject to the debarment provisions of Section 10-38 of the County Code as if the bidder were a contractor where the bidder has violated this section, either directly or indirectly or any combination thereof, on three or more occasions. As used herein, a "direct violation" shall mean a violation committed by the bidders and an "indirect violation" shall mean a violation committed by a lobbyist representing said bidder. If this contract is entered into a violation of this section, it shall also render the contract voidable. G. Criminal Conviction Disclosure Pursuant to County Ordinance No. 94-34, "Any individual who has been convicted of a felony during the past ten (10) years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten (10) years shall disclose this information prior to entering into a contract with or receiving funding from the County." H. Debarment Disclosure Affidavit Pursuant to County Ordinance No. 93-129, the bidder will agree to comply with the provisions of this ordinance, which prevents the contractor, subcontractors, their officers, their principals, stockholders, and their affiliates who have been debarred by the County, from entering into this contract with the County during the period for which they have been debarred. It is the bidders responsibility to ascertain that none of the subcontractors, their officers, principals, or affiliates, as defined in the ordinance, are debarred by the County pursuant to Ordinance No. 93-129 and . Administrative Order 3-2 before submitting the bid proposal. The Disclosure Affidavit requires the bidder to affirm under oath, that the County debars neither the bidder, its subcontractors, or their officers, principals nor affiliates, at the time of the bid proposal. If the bidder fails VIII 02tiz 954 REVIseu W MIAMI-DADE COQ Cy )NO.: 6752 -0/05 -CW to complete the Disclosure Affidavit it shall not be awarded this contract. If this contract'is entered into in violation of this ordinance, it is void, and any person who willfully fails to disclose the required information or who knowingly discloses civil or criminal penalties, or both can punish false information, as provided for in the law. (See Appendix - Section 1) I. Independent Private Sector Inspector General (1) Pursuant to A.O. 3-20, the County has the right to retain the services of an independent private sector inspector general (IPSIG). Upon written notice from the County, the Vendor shall make available to the IPSIG retained by the County all requested records and documents for inspection and copying. The terms of this provision apply to the bidder, its offices, agents and employees. Nothing contained in this provision shall impair any independent right of the County to audit --or investigate the operations, activities and performance of the Vendor in connection with this contract. The terms of this provision are neither intended, nor shall they be construed, to impose any liability on the County by the Vendor or third parties. (2) Pursuant to Ordinance 97-215 Miami -Dade County has established the Office of Inspector Genera#, .which is required to perform mandatory random audits on all County contracts throughout the duration of each contract. The cost of the audit for this contract shall be '/ of 1% of the total contract amount which cost the (ContractorNendor/Consultant) agrees is included in the total contract amount. The audit cost will be deducted by the County from progress payments to the (ContractorNendor/Consultant). The audit cost shall also 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 (ContractorNendor/Consultant) pursuant to all change orders, contract renewals and extensions. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust programs, contracts transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records 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 analyze the necessity of and reasonableness of proposed .change orders to the contract. 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 Ix 02- 954 ,W MIAMI-DARE C fY J 0 Ui 0-.: 6752 -0/05 -CW including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the (ContractorNendor/Consultant), its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. Upon 14 days prior written notice to (ContractorNendor/Consultant) from the Inspector General or IPSIG retained by the Inspector General, the (ContractorNendor/Consultant) shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the (Contractor'sNendor's/Consultant's) possession, custody or control which, in the Inspector General's or IPSIG's sole judgement, pertain to performance of the contract, including, but not limited -to original estimate 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 -charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personal records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the (ContractorNendor/Consultant), its officers, agents, employees, subcontractors and suppliers. The (ContractorNendor/Consultant) shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the (ContractorNendor/Consultant) in connection with the performance of the contract. Nothing in this contract shall impair any independent right to the County to conduct audit or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the (ContractorNendor/Consultant) or third parties. Minority and Disadvantaged Business Enterprises The County endeavors to obtain the participation of all minority and disadvantaged business enterprises. For information and to apply for certification, contact the Department of Business Development, 175 NW 1st Avenue, 28h Floor, Miami, FL 33123-1844, Phone: 305-349-5960. Public Entity Crimes Sworn Statement Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, "Any person or affiliate who has been placed on the convicted vendor list X 02- 954 REMmW MIAMI-DADE CC 'TY Aft1 ► NO.: 6752 -0/05 -CW following a conviction for a public entity crime may not submit a bid on a bid solicitation to provide goods and/or services to a public entity, may not submit a bid on a bid solicitation with a public entity for construction or repair of a public building or public work, may not submit a bid on leases of real property to a public entity, may not be awarded or perform work as a contractor or, supplier, or subconiractor or consultant under a bid solicitation with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO ($10,000.00) for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." L. Living Wage In accordance with Ordinance 99-44 beginning November 11, 1999, all Service Contractors who enter into this contract shall agree to pay the Living Wage required by Ordinance 99-44 to all its employees providing Covered Services. The current Living Wage applied to this contract (if applicable) is $8.56 per hour plus Health Benefits as described in the aforementioned ordinance or $9.81 per hour without Health Benefits. The Living Wage required by Ordinance 99-44 is subject to indexing as set - forth in Section "C" (Indexing). Such Health Benefits shall consist of payment of at least $1.25 per hour towards the provision of health care benefits for employees and their dependents. Proof of the provision of Health Insurance must be submitted to the County to qualify for the wage rate for employees with health benefits. The Service Contractor shall also agree to produce all documents and records relating to payroll and compliance with this Ordinance prior to award of this bid solicitation upon request by GSA Procurement Management Division. The provisions in this Ordinance applies to all Service Contracts involving the expenditure of over $100,000 per year for the following types of ("Covered Services") services: (i) Food preparation and/or distribution (ii) Security services (iii) Routine maintenance services such as custodial, cleaning, refuse removal, repair, refinishing and recycling (iv) Clerical or other non -supervisory office work, whether temporary or permanent (v) Transportation and parking services including airport and seaport services (vi) Printing and reproduction services (vii) Landscaping, lawn and/or agricultural services If records reflect, that the Service Contractor is in violation of this Ordinance, the County has the right to sanction the Service Contractor to include but not limited to termination, fine and suspension. XI 02- 954 �°� ow MIAMI-DADE CC XY NO.: 6752 -0/05 -CW This Ordinance encompasses various responsibilities that must be accomplished by the successful bidder such as record keeping, posting and reporting. Upon the award of this contract, the successful bidder must be .prepared to comply with these requirements as outlined in Ordinance 99-44. .a M. Code of Business Ethics In accordance with Resolution R-994-99 each person or entity that seeks to do business with Miami -Dade County shall adopt the Miami -Dade County/Greater Miami Chamber of Commerce Code of Business Ethics as follows: Miami -Dade County and the Greater Miami Chamber of Commerce seek to create and sustain an ethical business climate for its members and the community by adopting a . Code of Business Ethics. Miami -Dade County/Greater Miami Chamber of Commerce encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics that will guide their relationships with customers, clients and suppliers. This Model Code can and should prominently be displayed at all business locations and may be incorporated into marke4g materials. Miami -Dade County/Greater Miami Chamber of Commerce believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community. Miami -Dade County/Greater Miami Chamber of Commerce believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. By affixing a signature in the Bid Proposal signature page the bidder hereby agrees to comply with the principles of Miami -Dade County/Greater Miami Chamber of Commerce Code of Business Ethics. If the bidder firm's code varies in any way the bidder must identify the difference(s) on a separate document(s) (cover). Compliance with Government Rules and Regulations ♦ We, the undersigned will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; ♦ In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; XII 02_ 954 REVIM 0V MIAMI-DADE CC TY NO.: 6752 -0/05 -CW ♦ We, the undersigned will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment, selection and Compensation of Vendors and Suppliers ♦ We, the undersigned will avoid conflicts of interest and disclose such conflicts when identified; ♦ Gifts, which compromise the integrity of a business transaction, are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such kickback. Business Accounting ♦ All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no "off the books" transactions or secret accounts. Promotion and Sales of Products and Services ♦ Our products will comply with all applicable safety and quality standards; ♦ We, the undersigned will promote and advertise our business and its products or services in a manner which is not misleading and does not falsely disparage our competitors; ♦ We, the undersigned will conduct business with government agencies and employees in a manner, which avoids even the appearance of impropriety.' Efforts to curry political favoritism are unacceptable; ♦ Our bids will be competitive, appropriate to the bid documents and arrived at independently; ♦ Any changes to contracts awarded will have a substantive basis and not be pursued merely because we are the successful bidder, ♦ We, the undersigned will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. XIII 02- 0 5 4 REVMMM MIAMI-DADE CC rY NO.: 6752 -0/05 -CW ♦ We, the undersigned will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. ♦ We, the undersigned will not seek or expect preferential treatment on bids based on our participation in political campaigns. Public Life and Political Campaigns ♦ We, the undersigned encourage all employees to participate in community life, public service and the political process, to the extent permitted by law; ♦ We, the undersigned encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and -debate about business and community issues, to the extent permitted by law; ♦ Our contributions to political parties, committees or individuals will only be made in accordance with applicable laws and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; ♦ We, the undersigned will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. ♦ We, the undersigned will not knowingly disseminate false campaign information or support those who do. Pass-through Requirements ♦ This Code prohibits pass-through whereby the prime firm requires that the MBE firm accept payments as a MBE and pass through those payments to another entity; Rental_ Space, Equipment and Staff Requirements or Flat Overhead Fee Requirements ♦ This Code prohibits rental space requirements, equipment requirements, staff requirements and/or flat overhead fee requirements, whereby the prime firm requires the MBE firm to rent space, equipment and/or staff from the prime firm or charges a flat overhead fee for the use of space, equipment, secretary, etc; XIV 02- 954 P"MM08, 1A MIAMI-DADE C04k`'Y MBE Staff Utilization P"1140.:6752 -0/05 -CW ♦ This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is necessary and then utilizing the MBE staff for other work to be performed by the prime firm. ♦ The Code also requires that on any contract where MBE participation is purported, the contract shall specify essential terms including, but not limited to, a specific statement regarding the percent of participation planned for MBEs, the timing of payments and when the work is to be performed. N. Individuals and Entities Doing Business with the County not Current in their Obligations to the County (See Appendix — Section 1) Pursuant to Ordinance No. 99-162 and Section 2-8.1 of the County Code, no individual or entity who is in arrears in any payment under a contract, promissory note or other loan document with the County, or any of its agencies or instrumentalities, including the Public Health Trust (herein referred to as "County"), either directly or indirectly through a fine, corporation, partnership or joint venture in which the individual or entity has a controlling financial interest as that term is defined in Section 2- 11. 1 - 1l.l (b)(8) of the County Code, shall be allowed to receive any additional County contracts, purchase orders or extensions of County contracts until either the arrearage has been paid in full or the County has agreed in writing to a payment schedule. Failure to meet the terns and conditions of any obligation or repayment schedule shall constitute a default of the subject contract and may be cause for suspension,. termination and debarment, in accordance with the terms of the contract and the debarment procedures of the County MODIFICATION OR WITHDRAWAL OF A BID A. Modification of a Bid Any modification by the bidder to a bid shall be submitted to the Clerk Of The Board prior to the time and date set for bid opening. The bidder shall submit the new bid proposal form and a letter, on company letterhead, signed by an authorized agent of the bidder stating that the new submittal supersedes the previously submitted bid proposal. The sealed envelope shall contain the same information as required for submitting the original bid. In addition, the envelope shall contain a statement that this bid replaces the previously submitted bid. No modifications of a bid shall be accepted after the bid has been opened. XV 02- 954 "V9=W MIAMI-DADE COO TY B. Withdrawal of a Bid 0.: 6752-0/OS-CW A bid shall be irrevocable unless the bid is withdrawn as provided herein. Only written letter received by the Clerk Of The Board prior to the bid opening date may withdraw a bid. A bid may also be withdrawn ninety (90) days after the bid was opened and prior to award, by submitting a letter to the contact person identified on the front cover of this bid solicitation. The withdrawal letter must be on company letterhead and signed by an authorized agent of the bidder. 1.5 EVALUATION OF A BID Q Reiection of Bid (1) The County may reject any bidder's Proposal and award to the next lowest responsive/responsible bidder or may reject and re -advertise for all or any part of this bid solicitation, whenever it is deemed in the' best interest of the County. The County shall be the sole judge of what is in its "best interest." (2) The County may reject any bid if (a) prices are not fair and reasonable, as determined by the County, and/or exceed the County's estimated budget for this bid solicitation; (b) the bidder take exceptions to or modifies the terms and conditions of this bid solicitation; (c) the bidder failed to satisfy claims on previous contracts with the County or past -due payments for County services or claims for damage to County property. The County shall be the sole judge of what is "fair and reasonable." Bankruptcy (1) Any vendor who, at the time of bid submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law, shall be declared non -responsible. (2) The County reserves the right to terminate this contract, if, during the term of any contract the vendor has with the County, he/she becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law. XVI 02. 95A BMW a MIAMI-DADE CC TY C. 0 E. F Bidder's Past Performance NO.: 6752 -0/05 -CW Pursuant to County Ordinance No. 9842, the bidder's performance as a prime contractor or subcontractor on previous County contracts shall be taken into account in evaluating the bid proposal received for this bid solicitation. Elimination from Consideration This bid solicitation shall not be awarded to any person or firm which is in arrears to the County upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the County. Waiver of Informalities The County reserves the right to waive any informalities or irregularities in this bid solicitation. Demonstration of Competency (1) A bid will only be considered from a firm that is regularly engaged.in the business of providing the goods and/or services required by this bid solicitation. The bidder must be able to demonstrate a good record of performance and have sufficient financial resources, equipment and organization to ensure that they can satisfactorily provide the goods and/or services if awarded this bid solicitation. (2) The County may conduct a pre -award inspection of the bidder's site or hold a pre -award qualification hearing to determine if the bidder possesses the requirement as outlined in the above paragraph, and is capable of performing the requirement of this bid solicitation. The County may consider any evidence available regarding the financial, technical and other qualifications and abilities of the bidder, including past performance (experience) with the County or any other governmental entity in making the award. (3) The County may require the bidder to show evidence that they have been designated as an authorized representative of a manufacturer, supplier and/or distributor, if required by this bid solicitation. (4) The County reserves the right to audit all records pertaining to and resulting from any award from this bid solicitation, financial or otherwise. (5) In the event that the bidder will sub -contract all or part of its work to another vendor, or will obtain the goods required in conjunction with this contract with another source of supply, the bidder may be required to verify the competency of its subcontractor or supplier. The County XVII 02- 9 5 4 ,,,mos, MIAMI-DADE C0^TY NO.: 6752 -0/05 -CW reserves the right, before awarding this contract to require the bidder to submit such evidence of its subcontractor, as it may deem necessary. G. Copy of Bid Tabulation The bidder who desires to receive a copy of the bid tabulation shall enclose a self-addressed/stamped envelope (correct size of envelope and postage is a must depending on the amount of information involved) when submitting its bid proposal. Bid results will not be given out by telephone or facsimile. 1.6 AWARD OF BID SOLICITATION A. C Q Contract This bid solicitation, any addenda and/or properly executed modifications, the purchase order (if issued), and a change order (if applicable), constitute the entire contract. Tie. Bid The Director of Bids and Contracts or designee, and according to County Resolution 1574-88 will decide any tie bid. Additional Information The award of this bid solicitation may be preconditioned on the subsequent submission of other documents, as specified in the Special Conditions or Technical Specifications. The successful bidder shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the County. Where the successful bidder is in default of the contractual requirements, the Comity, through action taken by GSA Procurement Management Division, may rescind the award. Tenn of Contract The term of this bid solicitation shall be specified on one of three documents, issued to the successful bidder. These documents may either be this bid solicitation, a purchase order or an award sheet. E. Contract Extension The County reserves the right to automatically extend this contract for up to ninety (90) calendar days beyond the stated contract term. The County shall notify the successful bidder in writing of such extensions. Additional extensions over the first ninety (90) day extension may occur, if, the XVIII 02-- 954 REMmW MIAMI-DADE C'O'Y A0.: 6752 -0/05 -CW County and the successful bidder are in mutual agreement of such extensions. F. Warran G. H. I. Any implied warranty granted under the Uniform Commercial Code shall apply to all goods purchased under this bid solicitation. Estimated Ouantities Estimated quantities or estimated dollars, if provided, are for bidder's guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The County is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the County's actual needs and/or usage during a previous contract period. The County for purposes of determining the low bidder meeting specifications may use said estimates. Non -Exclusive Contract Although the purpose of this bid solicitation is to secure a contract that can satisfy the total needs of the County or of a specific County agency, it is hereby agreed and understood that this bid solicitation does not constitute the exclusive rights of the successful bidder to receive all orders that may be generated by the County in conjunction with this bid solicitation. In addition, any and all commodities, equipment, and service required by the County in conjunction with construction projects are solicited under a distinctly different bid process and shall not be purchased under the terms, conditions and awards rendered under this bid solicitation, unless such purchases are detennined to be in the best interest of the County. Local Preference The award of this bid solicitation is subject to County Ordinances Nos. 96- 26, 94-166 and 94-196, and Resolution No. R-50-96; which, except where Federal or State law mandates to the contrary, allow preference to be given to a local business in the amount of one and one-half percent (1.5%) for Miami -Dade County and one percent (1%) for Broward County of the bid proposal price. For the purposes of the applicability of this Ordinance, "local business" means the bidder has its headquarters located in Miami - Dade or Broward Counties or has a place of business located in Miami - Dade or Broward Counties at which it will produce, distribute and/or perform a substantial portion of the goods and/or services to be purchased.. XIX 02- 054 REMM W MIAMI-DADE CP- TY A NO.: 6752 -0/05 -CW J. Limited Contract Extension Any specific work assignment which commences prior to the termination date of the contract and which will extend beyond the termination date including any previous contract extension(s) shall, unless terminated by mutual written agreement by both parties, continue until completion at the same prices, terns and conditions as set forth in this bid solicitation. 1.7 RIGHT OF APPEAL Any bidder may protest any recommendation for contract award or rejection of all bids, in accordance with the procedures contained in Sections 2-8.3 and 2-8.4 of the County Code, as amended by, County Ordinances Nos. 95-201 and 95-126, and as established in Administrative Order 3-21. A. Bid Award Recommendation Over $500,000.00 This bid award recommendation will be in writing, signed by the Director of the Department of Procurement Management or designee and filed with the Clerk of the Board. The bidder shall have ten (10) business days after the filing of an award recommendation to file a written protest with the Clerk of the Board. As a condition of initiating a protest of award recommendation, the bidder shall post at the time of filing a Surety Bond (cashier's check or money order) in the amount of $500.00 payable to the Board of County Commissioners. Failure to file the proper Bond at the time of filing the protest wM result in denial of the protest. If, the Hearing Examiner's ruling is in favor of the County's recommendation, the bidder's Bond may be forfeited and the County may seek all costs, attorneys and administrative fees. B. Bid Award Recommendation Over $100,000.00 and up to $500,000.00 This bid award recommendation will be posted in the lobby of the Stephen P. Clark Building. It shall be the responsibility of the bidder to monitor such Bulletin Board after the bid opening to ascertain that a recommendation for award has been made. Bid award recommendations are posted by 9:00 A.M., every Monday. In addition, the bidder can call the bid Award Recommendation Line at 305-375-4724 or (800) 510- 4724, or contact the person identified on the cover page of this bid solicitation. The bidder shall have five (5) business days after the posting of an award recommendation to file a written protest with the Department of Procurement Management, Bids and Contracts Division. The bidder shall post at the time of filing, a Surety Bond (cashier's check or money order) in the amount of $500.00 payable to the Board of County Commissioners. Failure to submit the proper Bond at the time of filing the protest will result in denial of the protest. If, the County Manager, or designee, upholds the recommendation of the contracting 0 52- 954 REVISED oa/ MIAMI-DADE C' M NO.: 6752 -0/05 -CW department, the bidder's Bond may be forfeited and the County may seek aU costs, attorneys and administrative fees. 1.8 CONTRACTUAL OBLIGATIONS A. Rules, Regulations, Licensing Requirement, The successful bidder shall comply with all laws and regulations applicable to the goods and/or services contained in this bid solicitation. The bidder is presumed to be familiar with all Federal, State and local laws, ordinances, codes and regulations that may in any way affect the goods and/or services offered. B. County Contractors Employment and Procurement Practices Affidavit In accordance with the requirements of Ordinance 98-30, all firms with annual gross revenues in excess of $5 million, seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on file with the County's Department of Business Development. Said firms must also submit, as a part of their proposals/bids to be filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action Plan/Procurement Policy Affidavit. Firms whose Boards of Directors are representative of the population make-up of the nation are exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as a part of their proposals/bids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98-30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women - owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid proposal. Any bidder/respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. (See Appendix - Section 1) C. Conditions of Material and Packaging (1) Unless otherwise specified in the Special Conditions or Technical Specifications, all containers shall be suitable for shipment and/or storage XXI 02-- 954mW MIAMI-DADE CC TY NO.: 6752 -0/05 -CW and comply with the County's Recycled Packaging Resolution No. 738- 92. (See Appendix - Section 1) (3) All goods furnished shall be fully guaranteed by the successful bidder against factory defects and workmanship. The successful bidder at no expense to the County shall correct any defects, which may occur within the period of the manufacturer's standard, and/or any implied warranty. The Special Conditions may supersede the standard manufacturer's warranty. D. Subcontracting (1) Unless otherwise specified in this bid solicitation, the successful bidder shall not subcontract any portion of the work without the prior written consent of the County. The ability to subcontract may be further limited by the Special Conditions. Subcontracting without the prior consent of the County may result in termination of this bid solicitation for default. (2) Quarterly reporting when a subcontractor is utilized: The successful bidder is advised that when a subcontractor is utilized to fulfill the terms and conditions of this bid solicitation, County Resolution No. 1634-93 will apply to this bid solicitation. This resolution requires the successful bidder to file quarterly reports as to the amount of contract monies received from the County and the amount that have been paid by the successful bidder directly to certified Black, Hispanic and Women -Owned businesses, performing part of this bid solicitation work. Additionally, the listed businesses are required to sign reports, verifying their participation in this bid solicitation work and their receipt of such monies. The requirements of this resolution shall be in addition to any other reporting requirements by Federal, State or local laws, ordinances or administrative orders. (3) Where subcontracting is permitted, the successful bidder shall obtain written consent of the County prior to utilizing the subcontractor. All actions of any subcontractor are the sole responsibility of the successful bidder. Note: This requirement is separate and independent from any requirements that may be contained in the Special Conditions, Paragraph 2.2. (4) In accordance with Ordinance No. 97-104,, all bidders and respondents on County contracts for purchase of supplies, materials or services, including professional services, which involve the expenditure of $100,000 or more and all bidders or respondents on County or Public Health Trust construction contracts which involve the expenditure of $100,000 or more shall include, as part of their bid or proposal submission, a listing which identifies all first tier subcontractors who will perform any part of the contract work and describes the portion of the work such subcontractor XXII o2. 954 REVIM W MIAMI-DADE C# Y V0.: 6752 -0/05 -CW will perform, and all suppliers who will supply materials for the, contract work direct to the bidder or respondent and describes the materials to be supplied. Failure to include such listing with the bid or proposal shall render the bid or proposal non-responsive. Ordinance No. 97-104, applies to all contracts whether competitively by the County or not. Those contracts that have received authorization by the Board of County Commissioners to waive formal bidding procedure must also provide a listing of all first tier subcontractors and direct suppliers. `Subcontractor/Supplier Listing, SUB Form 100' may be utilized to provide the information required by this paragraph. A bidder or respondent who is awarded the contract shall not change or substitute first tier subcontractors or direct suppliers or the portions of the contract work to be performed or materials to be supplied from those identified in the listing submitted with the bid or proposal except upon written approval of the County. (See Appendix - Section 1) NOTE: ORDINANCE NO. 97-104 REQUIRES A BID OR PROPOSAL FOR A COUNTY OR PUBLIC HEALTH TRUST CONTRACT INVOLVING THE EXPENDITURE OF $100,000 OR MORE INCLUDE A LISTING OF SUBCONTRACTORS AND SUPPLIERS WHO WILL BE USED ON THE CONTRACT, AND PROVIDES FAILURE TO INCLUDE THE REQUIRED LISTING SHALL RENDER THE BID OR PROPOSAL NON-RESPONSIVE. THE REQUIRED LISTING MUST BE SUBMITTED AND SIGNED EVEN THOUGH THE BIDDER OR PROPOSER WILL NOT UTILIZE SUBCONTRACTORS OR SUPPLIERS ON THE CONTRACT. IN THE LATTER CASE, THE LISTING MUST EXPRESSLY STATE NO SUBCONTRACTORS, OR SUPPLIERS, AS THE CASE MAY BE, WILL BE USED ON THE CONTRACT. TIMELY SUBMISSION OF A PROPERLY COMPLETED AND SIGNED "SUBCONTRACTOR/SUPPLIER LISTING, SUB FORM 100" (A COPY OF WHICH IS INCLUDED IN THE BID PACKAGE) CONSTITUTE COMPLIANCE WITH THE LISTING REQUIREMENTS OF THE ORDINANCE. IN ORDER TO BE DEEMED PROPERLY COMPLETED, THE WORD "NONE" MUST BE ENTERED UNDER THE APPROPRIATE HEADING OF SUB FORM 100 IF NO SUBCONTRACTORS OR SUPPLIERS WILL BE USED ON THE CONTRACT. XXIII 02- 954 "EMMM MIAMI-DADE C E F. 1W NO.: 6752 -0/05 -CW (5) In accordance with County Ordinance No. 97-35 (Fair Subcontracting Policies), "all .successful bidders/respondents on County contracts in which subcontractors may be used, shall be subject to and comply with Ordinance 97-35 as amended, requiring bidders/respondents to provide a detailed statement of their policies and procedures for awarding subcontracts which: I* a) Notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract; b) Invites local subcontractors to submit bids in a practical, expedient way; C) Provides local subcontractors access to information necessary to prepare and formulate a subcontracting bid; d) Allows local subcontractors to meet with appropriate personnel of the bidder to discuss the bidder's requirements; and e) Awards subcontracts based on full and complete consideratiod of all submitted proposals and in accordance with the bidder's stated objectives. All bidders/respondents seeking to contract with the County shall, as a condition of award, provide a statement of their subcontracting policies and procedures. Bidders/Respondents who fail to provide a statement of their policies and procedures may not be recommended by the County Manager for award by the Board of County Commissioners." (See Appendix — Section 1) Assignment The successful bidder shall not assign, transfer, or otherwise dispose of this contract, including any rights, title or interest therein, or their power to execute such contract to any person, company, or corporation without the prior written consent of the County. Delivery Unless otherwise specified in this bid solicitation, prices quoted shall be F.O.B. Destination with freight included in the proposed price. Employee is the Responsibility of the Successful Bidder The employee of the successful bidder shall be considered to be, at all times, employee of the successful bidder under its sole direction and not XXIV d2-- 954 REMM M MIAMI-DADE CP' -Y PNO.: 6752 -0/05 -CW an employee or agent of the County. The successful bidder shall supply a competent and physically capable employee. The County may require the successful bidder to remove an employee it deems unacceptable. Each employee shall wear proper identification. H. Indemnification of County by the Successful Bidder The successful bidder shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the Agreement by the successful bidder or its employees, agents, servants, partners, principals or subcontractors. The successful bidder, shall pay all claims and losses in'connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The successful bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. I. Protection of Property All existing structures, utilities, services, roads, trees, shrubbery, etc. shall be protected against damage or interrupted services at all times by the successful bidder during the term of this contract. The successful bidder shall be held responsible for repairing or replacing property, to the satisfaction of the County, which is damaged by reason of the successful bidder's operation on County property. 1.9 MODIFICATION OF THE CONTRACT The contract may be modified by unilateral action of the County or by mutual consent, in writing, and through the issuance of a modification to the contract, purchase order, change order or award sheet, as appropriate. 1.10 TERMINATION OF CONTRACT A. Termination for Convenience The County, at its sole discretion, may terminate this contract without cause by providing the successful bidder with thirty (30) day advance notice. Upon the receipt of such notice, the successful bidder shall not incur any additional costs under this contract. The County shall be liable XXV 02- 954 REMAD W MIAMI-DADE CC**� TY 0.: 6752 -0/05 -CW only for reasonable costs incurred by the successful bidder, as determined by the County, regardless of the method of payment required by this contract. The County shall be the sole judge of "reasonable costs.- B. osts" B. Termination for Default The County may terminate this contract upon the failure of the successful bidder to comply with any provision and/or requirements of this contract. The County's decision not to take action upon failure of the successful bidder to perform shall not be construed as a waiver of the ability of the County to take additional action at a later date and time. The County shall also have the ability to place the successful bidder on probation and/or terminate any portion of this contract. The date of termination shall be stated in a written notice to the successful bidder. In the event the successful bidder is terminated for default, the County reserves the right to re -procure the goods and/or services from the next lowest responsive responsible bidder or re -solicit the goods and/or services. The County may further charge the successful bidder any differences in cost between the successful bidder's price and the re -awarded price and/or, any costs associated with re -awarding or re -soliciting this contract. The County may also debar or suspend the successful bidder from conducting business with the County, and/or eliminate the defaulted contractor from consideration in future bid solicitation, in accordance with appropriate County ordinances, resolutions and/or administrative orders. C. Ordinance 93-137 Any individual or corporation or other; entity that attempts to meet its contractual obligations with the county through fraud, misrepresentation or material misstatement, the county shall, whenever practicable, terminate the contract. The county as a further sanction may terminate or cancel any other contracts with such individual or other entity. Such individual or entity shall be responsible for all direct or indirect costs associated with such termination or cancellation, including attorney's fees. Notwithstanding, any individual or entity who attempts to meet its contractual obligations with the county through fraud, misrepresentation or material misstatement may be disbarred from county contracting for up to five (5) years. 1.11 ORDINANCES, RESOLUTIONS AND/OR ADMINISTRATIVE ORDERS To request a copy of any ordinance, resolution and/or administrative order cited in this bid solicitation, the bidder must contact the Clerk of the Board at 305-375-5126. MIAMI-DADE C "Y ?�-VO.: 6752 -0/05 -CW 1.12 YEAR 2000 COMPLIANCE WARRANTY Definition: For the purpose of this Year 2000 warranty, the term "Product" shall include software, firmware, and micro code, hardware and embedded chip technology. Vendor warrants that the Product is Year 2000 Compliant. All versions of the product offered by the vendor and purchased by the County, for which the Vendor is obligated to provide maintenance service are, and in the future, will be, Year 2000 Compliant. Year 2000 Compliant mean the Product will include the ability to: consistently handle date information after January 1, 2000, including accepting date input, providing date output and processing dates; function after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following January 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. The duration of this warranty and the remedies available to the County for breach of this warranty shall be as defined in, and subject to, the terms and limitations of any general warranty provisions of this contract, provided that notwithstanding any provision to the contrary in such warranty provision(s), or in the absence of any such warranty provision(s), defects in the Product with regard to Year 2000 Compliance, if any, will be corrected by Vendor at Vendor's cost within a timeframe mutually agreed upon with the County. Vendor cannot be held responsible for errors resulting from devices or systems to this contract which are permitted to directly access any database provided under this Agreement and overwrite Product date fields or from the users improper integration of non -Year 2000 compliant systems. Nothing in this warranty shall be construed to limit any rights or remedies the County may otherwise have under this contract with respect to defects other than Year 2000 performance. YEAR 2000 REMEDY CLAUSE In the event of any decrease in product functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and Vendors of Licensors products, agree to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of licensee, time being of the essence. RESELLERS All products bid under this bid/contract will be Year 2000 compliant. Year 2000 compliant means the Product will include the ability to: consistently handle date information after XXVII 02- 954 REM" 09/ MIAMI-DADE CCP_ 1 TY 0 NO.: 6752 -0/05 -CW January 1, 2000, including accepting date input, providing date output, and processing dates; function after January 1, 20000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following January 1, 2001, including but no limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations after the leap year of February 29, 2000 and store and provide output of date information in way that are unambiguous as to century. Resellers . may provide a "pass through warranty" from the manufacturers/software developer, which meets all the warranty requirements by the County, and which shall include all other warranties provided by the manufacturer or software developer. Reseller shall be responsible for warranty assurance, assistance, enforcement and any other actions or remediation, required to satisfy warranty requirements. XXVIII 02,,- 954 rtFwsen W MIAMI-DADE C(�k TY NO.: 6752 -0/05 -CW SECTION 2.0 SPECIAL CONDITIONS ASPHALTIC CONCRETE (VARIOUS TYPES) 2.1 PURPOSE: TO ESTABLISH A CONTRACT FOR THE COUNTY: The purpose of this Invitation To Bid is to establish a contract for the purchase of Asphaltic Concrete (Various Types) in conjunction with the County's needs on an as needed when needed basis. 2.2 INTENTIONALLY OMITTED 2.3 INTENTIONALLY OMITTED 2.4 TERM OF CONTRACT: SIXTY MONTHS This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, unless otherwise stipulated in the Notice of Award Letter which is distributed by the County's Department of Procurement Management; and contingent upon the completion and submittal of all required bid documents. The contract shall remain in effect for sixty (60) months and upon completion of the expressed and/or implied warranty period. 2.5 INTENTIONALLY OMITTED 2.6 METHOD OF AWARD: To Two Bidders By Item Award of this contract will be made to the two (2) lowest, responsive, responsible bidders on an item by item basis, except Items #1, #4, #7, #10, #13, #16; #19, and #22. These items shall be awarded to all responsive, responsible bidders. On pick-ups, the user departments shall utilize the bidder closest to the project, except the County reserves the right to purchase the first load picked -up each day from the zone from which the County trucks commence operations. 2.7 PRICES SHALL BE ESTABLISHED IN ACCORDANCE WITH TECHNICAL SPECIFICATIONS: If the Bidder is awarded a contract under this bid solicitation, the prices offered by the Bidder shall be accepted in accordance with the provisions established in Section 3 of this solicitation entitled "Technical Specifications". 2.8 INTENTIONALLY OMITTED 2.9 EQUAL PRODUCT CANNOT BE CONSIDERED: QUALIFIED PRODUCTS LIST FOR ITEMS NO. 19 THROUGH NO. 24.' Items listed are the only products. that will be accepted on this Bid because these items 02- 954 MIAMI -DARE C(OTTY a' NO.: 6752 -0/05 -CW are represented on a Qualified Products List. Bidders desiring to submit comparative products for these items for inclusion on an approved Qualified Products List for future bids should submit samples to William T. Stevens, Jr. at 305/592-3115. After testing, if the product is deemed acceptable, it will be included in the specifications on the next available bid. All samples for test purposes must be labeled with the bidder's name, bid number, and item number. Samples not labeled will be considered unidentifiable and will not be eligible for testing purposes. 2.10 INTENTIONALLY OMITTED 2.11 INDEMNIFICATION AND INSURANCE - (14) - CONTRACTORS RELATED CONTRACTS AT AVIATION Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of , relating to or resulting from the performance of this Agreement by the Provider or its employees, agents, servants, partners principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County,. where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The vendor shall furnish to Bid Section, Metropolitan Dade County, c/o Procurement Management Department, 111 N.W. 1st Street, Suite 2350, Miami, Florida 33128-1989, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute Chapter 440. B. Public Liability on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $300,000* combined single limit for bodily injury and property damage. *Under no circumstances are these contractors permitted on the A.O.A. side without 2 02- 954 MIAMI-DARE CG*--1�40,:6752-0/05-CW increasing automobile coverage to $1,000,000. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the vendor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class W as to financial 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 the County Risk Management Division. or The company 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 are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: DADE COUNTY BID NUMBER AND TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. Issuance of a purchase order is contingent upon the receipt of the insurance documents within fifteen (15) calendar days after Board of County Commission approval. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Invitation To Bid, the Bidder shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. If the Bidder fails to submit the required insurance documents in the manner prescribed in this Invitation To Bid within twenty (20) calendar days after Board of County Commission approval, the Bidder shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder may be prohibited from submitting. future Proposal to the County in accordance with Section 1.0, para. 1.6 of the General Terns and Conditions. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option years that may be granted to the Bidder in accordance with Section 2.5 of the Special Conditions. If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or 3 02- 954 MIAMI -DADS C(0'TY NO.: 6752 -0/05 -CW renewed insurance certificates to the County at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the County shall suspend the contract until such time as the new or renewed certificates are received by the County in the manner prescribed in the Invitation To Bid; provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate this contract for cause and seek re -procurement charges from the Bidder in conjunction with Section 1.10 of the General Terms and Conditions. 2.12 INTENTIONALLY OMITTED 2.13 INTENTIONALLY OMITTED 2.14 INTENTIONALLY OMITTED It 2.15 METHOD OF PAYMENT: PERIODIC INVOICES FOR COMPLETED PURCHASES The successful vendor(s) shall submit an invoice(s) to the requesting department(s) after purchase has been completed, whether picked up by authorized County personnel or delivered to the site by the vendor. The invoices shall reference the appropriate purchase order number, the delivery address, and the corresponding delivery ticket number or packing slip number that was signed- by an authorized representative of the County department when the items were delivered and accepted. Submittal of these periodic invoices shall not exceed thirty (30) calendar days from the delivery of the items. Under no circumstances shall the invoices be submitted to the County in advance of the delivery and acceptance of the items. 2.16 SHIPPING TERMS: F.O.B. DESTINATION All bidders shall quote prices based on F.O.B. Destination and shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized County representative at various locations, when delivery is requested, except Items #1, #4, #7, #10,#13,#16,#19 and#22. SHIPPING TERMS: F.O.B. POINT OF ORIGIN All bidders shall quote prices based on F.O.B. Point of Origin and shall transfer title of the goods at the bidder's place of business to a shipper selected by the County for other than delivered product, for items #1, #4, #7, #10, #13, #16, #19, and #22. 4 (02-- 954 MIAMI-DADE CC .TY ,NO.: 6752 -0/05 -CW 2.17 DELIVERY SHALL BE ONE (1) DAY AFTER ORDER IS PLACED BY THE COUNTY The bidder shall make deliveries within one (1) calendar day after the date that the County department orders the items. All deliveries shall be made in accordance with good commercial practice and shall be adhered to by the successful bidder(s); except in such cases where the delivery will be delayed due to acts of God, strikes, or other causes beyond the control of the bidder. In these cases, the bidder shall notify the County of the delays in advance of the delivery date so that a revised delivery schedule can be negotiated. Should the bidder(s) to whom the contract(s) is awarded fail to deliver in the number of days as stated in its proposal, the County reserves the right to cancel the contract after any back order period which is specified in thw Special Conditions , has lapsed. If the contract is cancelled, it is hereby understood and agreed that the County has the authority to purchase the goods elsewhere and to charge the bidder with any re -procurement costs. 2.18 INTENTIONALLY OMITTED 2.19 INTENTIONALLY OMITTED 2.20 CONTACT PERSONS: For any additional information regarding the specifications and requirements of this contract, Contact: Edward Mason, CPPB at (305) 375-3900. 2.21 COUNTY -WIDE Any Governmental, not-for-profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all items specified herein from the successful bidder(s) at the contract.Inice(s) established herein. Each Governmental, not-for-profit or quasi -governmental entity which uses a contract(s) resulting here from, will establish its own contract, place its own orders, issue its own purchase orders, be invoiced therefrom and make its own payments, determine shipping terms and issue its own exemption certificates as required by the bidder. It is understood that unless specified in Section 2, paragraph 2.16, entitled "Shipping Terms", all prices shall be quoted, "FOB Destination." For entities other than those belonging to Miami -Dade County or those located outside of the geographical boundaries of Miami -Dade County, the successful vendor shall be entitled to ship goods on an "FOB Destination, Prepaid and Charged Back" basis. This allowance shall only be made when expressly authorized by a representative of the entity, prior to shipping the goods. 5 02- 954 MIAMI-DADE C#1 -7y PI -1.40.:6752 -0/05 -CW It is also understood and agreed that Dade County is not a legally binding party to any contractual agreement made between any governmental unit and the bidder as a result of this bid. SURCHARGE FEE AND QUARTERLY SUMMARY REPORT Per Miami -Dade County Surcharge Fee Ordinance No. 98-43, please be advised that this contract is subject to a user surcharge fee in the amount of 2% on all sales to governmental, not for profit or quasi governmental entity; OTHER THAN MIAMI- DADE COUNTY, resulting from this contract or any contract resulting from this solicitation and the utilization of the County contract price and the terms and conditions identified herein. Vendors shall be required to furnish the attached Quarterly Surcharge Payment Report in a timely manner. Quarterly reports and all applicable payments must be submitted to the Department of Procurement Management (DPM)/Administrative and Fiscal Division, no later than 15 days after the end of each quarter, regardless of the value of sales during the preceding quarter. By submission of these sales summary reports and corresponding surcharge fees, the vendor is attesting to their correctness. All such reports and fees shall be subject to audit by Miami -Dade County. Failure to submit the following Quarterly Surcharge Payment Report and make applicable payments in a timely manner, may result in termination or cancellation of contract with the non -conforming vendor and any and all remedies relating to the collection of such fees shall be enforceable. Additionally, any re -procurement charges may be charged to the vendor in default. Willful failure or falsification of sales reports or failing to make timely payments of the surcharge fee shall constitute sufficient cause for terminating the contract for cause of the non -conforming vendor. 6 62= 954 MIAMI-DADE CATTY MIAMI-DADE COUNTY * NO.: 6752 -0/05 -CW Department of Procurement Management (DPM) 111 N.W. 1st Street Suite 2350 MIAMI, FLORIDA, 33128 (305) 375-5289 Vendor Instructions for Completing Quarterly Surcharge Payment Report: 1) Complete section 1, 2, 3, and sign form. 2) Enter amount of total amount paid with this summary. 4) Make check payable to Board of County Commissioners. 5) Attach check to report form and remit to: Department of Procurement Management (DPM) Administrative and Fiscal Division 111 NW 1 st Street Suite 2350 Miami, FL 33128 NOTE: Quarterly report must be submitted to Department of Procurement Management (DPM)/Administrative and Fiscal Division, no later that 15 days after the end of each quarter, regardless of the value of sales during the preceding quarter. Start of Quarter Report/Check (If Applicable) Due I' Quarter — January 1 — March 31 April 15 2nd Quarter - April 1 - June 30 July 15 3rd Quarter - July 1 - September 30 October 15 4th Quarter - October 1 - December 31 January 15 7 02- 954 MIAMI-DADE CATTY � NO.: 6752 -0/05 -CW MIAMI-DADE COUNTY Department of Procurement Management (DPM) Administrative and Fiscal Division 111 NW 1 st Street Suite 2350 Miami, Florida 33128 (305) 375-5289 QUARTERLY SURCHARGE PAYMENT REPORT SECTION 1 - Vendor/Contract Information: Vendor Name Address City Contact Person FAX# Contract# Tile State Date Submitted FEIN # Phone# _ E -Mail Zip Code SECTION 2 - Applicable Reporting Period: (Check One) Jan. 1 - March 31 July 1 - Sept. 30 QApril 1 - June 30 QOct. 1 - Dec. 31 (I" Quarter) (2"d Quarter) (3r' Quarter) (4h Quarter) SECTION 3 - Summary: 1) Total Sales this Quarter $ 2) 2% of all sales related to contract $ Total due to County for this quarter (LINE 2) $ By submission of this Quarterly Surcharge Payment Report and corresponding surcharge fees, I certify the correctness of the information. I understand that all reports and fees may be subject to an audit by Miami -Dade County or designee. Authorized Signature. Title/Position Held 11 Date. 02- 954 MIAMI-DADE COTY I NO.: 6752 -0/05 -CW IMPORTANT NOTICE TO VENDORS This bid contains contractual language which allows municipal and quasi -governmental entities to access the terms and conditions of the contract. After award the following entities will receive copies of our contract Award Sheet. Please feel free to contact the Purchasing Agents listed below to promote the usage of the commodities or services that you were awarded. COUNTY -WIDE KEY CONTACT LIST TOWN OF BAY HARBOR ISLANDS ATTN: Joseph Fox Sup. Public Works 9665 Bay Harbor Terrace Bay Harbor Islands, FL 33154 (305) 866-6241 CITY OF CORAL GABLES Att: Wayne Moody, Sr. Buyer 340 San Lorenzo Avenue Coral Gables, Florida 33146 (305) 460-5102 CITY OF HIALEAH Att: Manuel Rodriguez 501 Palm Avenue Room 304 Hialeah, Florida 33011 (305) 883-5865 CITY OF HOMESTEAD Att: Purchasing Director 790 Homestead Blvd. Homestead, Florida 33030-6299 (305) 247-1801, Ext. 188 CITY OF MIAMI BEACH Att: Michael Rath Procurement Director 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7490 CITY OF NORTH MIAMI BEACH Att: Lynn Gribble Purchasing Agent 17011 N.E. 19th Avenue North Miami Beach, Florida 33162 (305) 948-2976 TOWN OF SURFSIDE Att: Jeffrey I. Naftal,Town Clerk 9293 Harding Avenue Surfside, Florida 33154 (305) 861-4863 CITY OF BOYNTON BEACH Att: Lana Koester, Purchasing Agent P.O. Box 310 Boynton Beach, Florida 33425-0310 (407) 738-7415 VILLAGE OF KEY BISCAYNE Att: Tom Zannis, Finance Director 85 W. McIntry Street Key Biscayne, FL 33149 (305) 365-8903 VILLAGE OF VIRGINIA GARDENS Att: Paul Bithorn, Mayor 6498 N.W. 38th Terrace Virginia Gardens, FL 33166 (305) 871-6104 9 02- 054 MIAMI-DADE CCATY THE CITY OF MIAMI Att: Judy S. Carter, Director Purchasing Department 400 S.W. 2nd Avenue, 16th Floor Miami, FL 33130 (305) 579-6845 CITY OF NORTH MIAMI Att: Pam Thompson, Director Purchasing Department P.O. Box 610847 North Miami, Florida 33261-0847 (305) 893-6511, Ext. 2135 CITY OF AVENTURA Att: Glen Marcos 2999 NE 191 st Street Aventura, FL 33187 (305) 466-8900 CITY OF NORTH BAY VILLAGE -POLICE DEPT. Att: F.B. Dunphy, Chief of Police 7903 East Drive North Bay Village, FL 33141 (305) 758-2626 MIAMI DADE COMMUNITY COLLEGE Att: Linda Pagliaro Director of Purchasing 11011 S.W. 104th Street Miami, FL 33176 (305) 237-2400 CITY OF OPA-LOCKA Att: Rona M. Sandler Purchasing Director 12950 Lejune Rd Opa-Locka, FL 33054 (305) 953-2825 10 ANO.: 6752 -0/05 -CW UNIVERSITY OF MIAMI Att: Susan Montes Director of University Purchasing P.O. Box 248184 Coral Gables, FL 33124 (305) 243-3464 INDIAN CREEK VILLAGE Att: Melissa Garcia Purchasing Department 9080 Bay Drive Indian Creek, FL 33154 (305) 365-4121 CITY OF HALLANDALE Att: E. Dent McGough, Director Central Services Department 400 S. Federal Highway Hallandale, Florida 33009 (954) 457-1331 MIAMI SHORES VILLAGE Att: John Rumble/Scott Davis Purchasing Department 1701 N.W. 103 Street Miami Shores, FL 33147 (305) 795-2210 CITY OF DEERFIELD BEACH Att: Donna M. Council Purchasing Agent 210 Goolsby Blvd. Deerfield, Florida 33442 (954) 480-4380 DADE COUNTY PUBLIC SCHOOLS Att: Joe Gomez, Director Division of Procurement Mgt. 1450 N.E. 2nd Avenue Miami, Florida 33432 (305) 995-1364 02- 954 MIAMI-DADE C(0__1Y CITY OF OAKLAND PARK Att: Larry Fagen, Purchasing Agent 3650 N.E. 12th Avenue Oakland Park, FL 33334 (305) 561-6105 BAL HARBOUR VILLAGE Att: Purchasing Agent 655 96th Street Bal Harbour, Florida 33154 (305) 866-4633 BROWARD COMMUNITY COLLEGE Att: Janet Rickenbacker Purchasing Director 225 E. Las Olas Blvd. Ft. Lauderdale, FL 33301 (954) 761-7455 BROWARD COUNTY Att: Glenn R. Cummings Purchasing Director 115 So. Andrews Ave. Room 212 Ft. Lauderdale, FL 33301 (954) 357-6070 DEPARTMENT OF OFF STREET PARKING Purchasing Office Att: Carlos Vilches 190 N.E. 3 Street Miami; FL 33132 (305) 373-6789 SOUTH FL. WATER MGT DISTRICT Att: Julie Stern Procurement & Contract Admin. 3301 Gun Club Road West Palm Beach, FL 33406 (407) 686-8800 11 WNO.: 6752 -0/05 -CW CITY OF MIAMI SPRINGS Att: John M. Benson Purchasing Director 201 Westward Drive Miami Springs, FL 33166 (941) 339-6260 CITY OF HOLLYWOOD Att: John L. Weyrauch P.O. Box 229045 Hollywood, Florida 33022-9045 (954) 921-3210 CITY OF MARGATE Att: Patricia Greenstein Purchasing Agent 5790 Margate Blvd. Margate, FL 33063 (954)972-6454 CITY OF SOUTH MIAMI Att: Kathy Vazquez Purchasing Director 6130 Sunset Drive South Miami, FL 33143 (305) 663-6339 JACKSON MEMORIAL HOSPITAL Purchasing Office Att: Tom Przybyski, Director 1611 N.W. 12th Ave. Miami, FL 33136 (305) 585-2289 CITY OF WEST PALM BEACH Att: Purchasing Manager 1045 Charlotte Ave. West Palm Beach, FL 33401 (407) 659-8036 MIAMI-DADE C04kTY STATE OF FLORIDA DADE COUNTY DEPARTMENT OF HEALTH Att: Donald E. Young Purchasing Agent I 1350 N.W. 14th Street, Bldg. 1, Room 202 Miami, FL 33125 (305) 324-2416 BROWARD COUNTY SHERIFF'S OFFICE Att: Leslie A. Dell 2601 W. Broward Boulevard Fort Lauderdale, FL 33312 (954)831-8170 CITY OF FLORIDA CITY Att: Sonia Young Hernandez 404 W. Palm Drive Florida City, FL 33034 (305) 247-8221, Ext. 124 TOWN OF GOLDEN BEACH Interim Town Manager 1 Golden Beach Drive Golden Beach, FL 33160 (305) 932-0744, Ext. 21 DORIS ISON SOUTH DADE COMMUNITY HEALTH CENTER Att: Ivory L. Williams, Pro. Spec. 10300 S.W. 216th Street Miami, FL 33190 (305) 253-5100 CITY OF WEST MIAMI Att: Yolanda Aguilar, City Manager 901 S.W. 62nd Avenue West Miami, FL 33144 (305) 266-1122 0 NO.: 6752 -0/05 -CW CITY OF PEMBROKE PINES Att: David E. Fitzgerald, Buyer P.O. Box 9000 Pembroke Pines, FL 33084 (954)435-6717 TRI -COUNTY RAIL AUTHORITY Att: Jane Davis -Ember Purchasing Department 305 South Andrews Avenue Fort Lauderdale, FL. 33301 (954)728-8512 TOWN OF DAVIE Att: Herb Hyman, Procurement Manager 6591 Orange Drive Davie, FL 33314 (954) 797-1016 CITY OF SUNRISE Att: Marsha Peterson 10770 W. Oakland Park Blvd. Sunrise, FL 33351 (954) 572-2274 CITY OF RIVIERA BEACH Att: Veronique Rellford Purchasing Director 2391 Ave. "L" Riviera Beach, FL 33404 (407) 845-4180 PALM BEACH COUNTY SHERIFF'S OFFICE Att: Lisette Alfonso Purchasing Manager 415 Gator Dr Lantana, F133462 (407)533-1225 12 02— 954 ALrY MIAMI-DADE C CITY OF BOCA RATON Att: Carol Thomas, Purchasing Manager 201 W Palmetto Park Rd Boca Raton, FL 33432 (407) 393-7876 CITY OF MIAMI SPRINGS Att: John M. Benson 201 Westward Drive Miami Springs, FL 33166 (954) 8854581 13 fNO.: 6752 -0/05 -CW CITY OF POMPANO BEACH Att: Ernie Siegrist, General Servs. Director P.O. Drawer 1300 Pompano Beach, FL 33061 (954)786-4098 CITY OF SUNNY ISLES BEACH ATTN: Charlene Coletta 17070 Collins Ave., Suite 250 Sunny Isles Beach, FL 33160 (305) 947-0606 02- 954 MIAMI-DADE COOTY 14 NO.: 6752 -0/05 -CW 2.22 ACCEPTANCE OF PRODUCT BY THE COUNTY The products shall be maintained and delivered to the County in excellent condition. If a product does not meet specifications, it will be returned to the bidder as exchange for suitable merchandise or for full credit at no additional cost to the County. 2.23 ACCIDENT PREVENTION AND REGULATIONS: Precautions shall be exercised at all times for the protection of persons and property. All Contractors and Sub -Contractors shall conform to all OSHA, State and County regulations while performing under the Terms and Conditions of this contract. Any fines levied by the above mentioned authorities because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 2.24 COMPLIANCE WITH FEDERAL STANDARDS All items to be purchased under this bid shall be in accordance with all governmental standards, to include, but not limited to, those issued by the Occupational Safety and Health Administration (OSHA),the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). 2.25 DELIVERY ZONES: A.. North Zone: DadeBroward County line to Kendall Drive (S.W. 88 Street) B. South Zone: South of Kendall Drive (S.W. 88 Street) to the Monroe County line. 2.26 ESCORT AT AIRCRAFT OPERATING AREA When performing work at the County's Aviation Department, the successful bidder shall report to the Aviation ' Department's Maintenance Division Building No. 3025 and be escorted to and from each area of work that traverses the aircraft operating area. The Department shall monitor the placement of the bidder's equipment at each location. Upon completion of the work, the bidder shall call the Maintenance Office, 876-7311, to arrange for inspection and escort out of the aircraft operating area. Any violations of this section by the bidder shall result in immediate cancellation of this Contract. 2.27 LOCAL OFFICE SHALL BE AVAILABLE The Bidder shall maintain an office within the geographic boundaries of Dade or Broward Counties, Florida. This office shall be staffed by a competent company representative who can be contacted during normal working hours and who is authorized to discuss matters pertaining to the contract. 14 02- 954 MIAMI-DADE COWTY ANO.: 6752 -0/05 -CW 2.28 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The Bidder hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the County by the Bidder are found to be defective or do not conform to specifications, the County reserves the right to (1) cancel the order and return such materials to the Bidder at the Bidder's expense or (2) require the Bidder to replace the materials at the Bidder's expense. 2.29 PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY: The successful bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip shall be attached to the shipping carton(s) which contain the items and shall be made available io the County's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered; and back -order quantities and estimated delivery of back -orders if applicable. 2.30 PLANT FACILITIES SHALL BE IN MIAMI-DADE COUNTY Bids will only be accepted from bidders which have plant facilities located in Miami - Dade County, Florida. The County reserves the right to perform an inspection of these plant facilities during the bid evaluation period and any time during the term of the contract and to use this inspection as a means for determining the lowest responsive, responsible bidder. The acceptable size, locations, level of security, and functionability of the plant shall be determined by the County in consideration of the bid requirements in its best interest; and its decision shall be final. 2.31 QUALIFIED PRODUCTS LISTrSHALL BE UTILIZED FOR THIS SOLICITATION In accordance with Section 2.9 of the Special Terms and Conditions, Qualified Products List that identifies only those products that may products shall not be considered. The Qualified Products List is Technical Specifications. 15 the Bid contains a be bid. "Equal" contained in the d2-- 954 0 MIAMI -DADS CC TY 3.1 'SCOPE: 3.2 3.3 .A NO.: 6752 -0/05 -CW SECTION 3.0 TECHNICAL SPECIFICATIONS ASPHALTIC CONCRETE, (VARIOUS TYPES) Furnish various cold and/or hot plant mixed asphaltic concrete patching materials. SPECIFICATIONS: All asphaltic concrete mixes shall meet the State of Florida, Department of Transportation, Standard Specifications for Road and Bridge Construction, 1991 Edition, and any addendums. PRICE & PAYMENT ADJUSTMENT — BITUMINOUS MATERIAL: The bid unit price for bituminous materials (asphaltic concrete, prime and tack coat) will be adjusted to reflect changes, both increase and decrease, in the asphalt price index, based on the average of the current Bituminous materials posted at Port Everglades, from that in effect during the month in which bids were received for this contract. The Contractor will not be given the option to reject this cost adjustment of bituminous materials. This adjustment will be made in accordance with the following criteria: A. Price adjustment will be applied only to the price of bituminous materials, based on the above mentioned asphalt price index and will not reflect variations in the cost of aggregates or any other factors involved in the composition or pricing of asphalt. B. The adjusted unit price for asphaltic concrete shall be calculated in accordance with the following formula: Pa=P+(DxN) Pa = Adjusted unit price for ashpaltic concrete (to. be calculated separately for each month during which the bituminous material is used and will reflect and increased or decreased price). P = the price per unit bid for the asphaltic concrete. D = the differential in the per gallon price of liquid asphalt in accordance with the Asphalt Price Index for the liquid asphalt, from the price per gallon of the liquid asphalt in the month of dare bid, and the price per gallon of the liquid asphalt in the month in which the material is incorporated in the project. N = Number of gallons of liquid ashpalt per unit bid. 16 02— 954 3.4 MIAMI-DADE CA ANO.: 6752 -0/05 -CW C. The payment adjustment for prime coat and tack coat shall be based on the differential in the per gallon price of the prime tack, in accordance with the asphalt price index for the prime tack, from the price per gallon. A price adjustment will be made only when the current asphalt price index varies by 5% or more the index that was applicable when bids were received or 5% or more from when the last previous adjustment was made. QUALIFIED PRODUCTS LIST: Section 4.0, Items Numbers 19 through 24 shall be either EZ Street Cold Asphalt, R2000 or R50 Road Patch. No substitutes. 10 17 02- 954 MIAMI-DADE CAWITY A, NO.: 6752 -0/05 -CW CLERK OF THE BOARD OPENING: 2:00 P.M. Stephen P. Clark Center WEDNESDAY 111 NW 1s` Street%�i April 25, 2001 17t° Floor, Suite 202 INVITATION TO BID Miami, Florida 33128-1983 f SECTION 4.0 BID PROPOSAL FORMS PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN MIAMI-DADE COUNTY, FLORIDA NOTE: Miami -Dade County is exempt from all taxes (Federal, State, Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued DPM Date Issued: 3/15/01 This Bid Proposal Consists of by: 100 Bids & Contracts Division Pages 18 through 23 and afflavits. Sealed bids subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid Proposal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Proposal, will be received at the office of the Clerk of the Board at the address shown above on behalf of the Dade County Board of County Commissioners until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Proposal Requirement. ASPHALTIC CONCRETE (VARIOUS TYPES) FOR MIAMI-DADE WATER & SEWER AUTHORITY DEPARTMENT FOR FIVE (5) YEAR PERIOD A Bid Deposit in the amount of N/A of the total amount of the bid shall accompany all bids A Performance Bond in the amount of N/A of the total amount of the bid will be required upon execution of the contract by the successful bidder and Miami -Dade County DO NOT WRITE IN THIS SPACE .ACCEPTED HIGHER THAN LOW NON-RESPONSIVE UNRESPONSIBLE DATE B.C.C. NO BID ITEM NOS. ACCEPTED COMMODITY CODE: 745-65 SR PROCUREMENT AGENT: Ed Mason, CPPB FIRM NAME: RETURN THREE COPIES OF BID PROPOSAL PAGES ONLY FAILURE TO SIGN PAGE 23 OF SECTION 4.0, BID PROPOSAL, WILL RENDER YOUR BID NON-RESPONSIVE REVISED 02,_'2100 on r MIAMI-DADE CC*7Y FIRM NAME: ITEM BID PROPOSAL FOR: ASPHALTIC CONCRETE DESCRIPTION BID A, 6752 -0/05 -CW UNIT PRICE We propose to provide (FOB Plant) and (Delivered) Asphaltic Concrete (Various) for Miami - Dade County on an as needed basis in accordance with Bid Provisions and Specifications as follows: ASPHALTIC CONCRETE (TYPE S -I) 1. COST PER TON, F.O.B. PLANT: $ 2. COST PER TON, NORTH ZONE DELIVERED: $ 3. COST PER TON, SOUTH ZONE DELIVERED: $ ASPHALTIC CONCRETE (TYPE PM -1) (COLD MIX)) 4. COST PER TON, F.O.B. PLANT: $ 5. COST PER TON, NORTH ZONE DELIVERED: $ 6. COST PER TON, SOUTH ZONE DELIVERED: $ ASPHALTIC CONCRETE (TYPE II) (SURFACE COARSE, COLD MIX) 7. COST PER TON, F.O.B. PLANT: $ 8. COST PER TON, NORTH ZONE DELIVERED: $ 9. COST PER TON, SOUTH ZONE DELIVERED: $ ASPHALTIC CONCRETE (TYPE III) (SURFACE COARSE, COLD MIX) 10. COST PER TON, F.O.B. PLANT: $ 11. COST PER TON, NORTH ZONE DELIVERED: $ 12. COST PER TON, SOUTH ZONE DELIVERED: $ 19 ITEM MIAMI-DADE CATTY FIRM NAME: BID PROPOSAL FOR: ASPHALTIC CONCRETE DESCRIPTION BID A- 6752 -0/05 -CW ASPHALTIC CONCRETE (TYPE PM -7) (S -III, COLD MIX) UNIT PRICE 13. COST PER TON, F.O.B. PLANT: $ 14. COST PER TON, NORTH ZONE DELIVERED: $ 15. COST PER TON, SOUTH ZONE DELIVERED: $ MINIMUM TONS DELIVERED: TONS ALL ITEMS EXCEPT: #1, #4, #7, #10, & #13 RC -70 OR ASPHALTIC EMULSION PRIME MATERIAL 16. COST PER TON, F.O.B. PLANT: $ 17. COST PER TON, NORTH ZONE DELIVERED: $ 18. COST PER TON, SOUTH ZONE DELIVERED: $ MINIMUM GALLONS DELIVERED: GAL. ASPHALTIC POTHOLE PATCH (EZ ST., R2000, OR R50) 19. COST PER TON, F.O.B. PLANT: $ 20. COST PER TON, NORTH ZONE DELIVERED: $ 21. COST PER TON, SOUTH ZONE DELIVERED: $ MINIMUM TONS DELIVERED PRODUCT SUPPLIED: ASPHALTIC POTHOLE PATCH (EZ ST., R2000, OR R50) 22. COST PER PER LB., F.O.B. PLANT: IN LB. BAG, OR LB. PAIL 23. COST PER LB., NORTH ZONE DELIVERED: 24. COST PER LB., SOUTH ZONE DELIVERED: MINIMUM BAGS/PAILS DELIVERED PRODUCT SUPPLIED: 20 0- 954 MIAMI-DADE COOiTY BID PROPOSAL FOR: ASPHALTIC CONCRETE BID NO: 6752 -0/05 -CW FWI NAME: ITEM DESCRIPTION UNIT PRICE OPTIONS: a. Mobilization charge per occurrence to open and operate plant, other than normal hours: $ All Items: b. Additional charge per ton, to deliver, other than normal hours: $ Plant Location, Contact Person, Phone No.: Emergency Contact and Phone No.: Materials Available from: A.M. to Days Open: thru V 21 IOU" 02— 954 MIAMI-DADE CO*TTY BID NC*752-0/05-CW BID PROPOSAL FOR: ALPHALTIC CONCRETE ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART H, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated Addendum #9, Dated PART II: NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: AUTHORIZED SIGNATURE: TITLE OF OFFICER: DATE: RMS® 7»n9 22 02- '0 5 4 MIAMI-DADE CO "Y BID N041 -'752 -0/05 -CW BID PROPOSAL FOR: ALPHALTIC CONCRETE Prompt Payment Terns: % days net days FEI NO:: (Bidder Federal Employer Identification Number as used on Return Form 941) If none, Bidder Social Security No. The undersigned bidder certifies that this bid proposal is submitted in accordance with the bid specifications and conditions governing this bid, and that the bidder will accept any award(s) made to him as a result of this bid. FIRM NAME STREET ADDRESS CITY/STATE/ZIP CODE TELEPHONE NUMBER E-MAIL FAX NUMBER *AUTHORIZED SIGNATURE Date *PERSON AUTHORIZED TO ENTER INTO CONTRACTUAL AGREEMENT PRINT NAME OF AFFIANT TITLE OF OFFICER FAILURE TO SIGN THIS PAGE, WILL RENDER YOUR BID NON-RESPONSIVE REVISED 10/05/99 23 02-- 954 • BID N04*.--'-2-0/05-CW APPENDIX SECTION 1 GENERAL TERMS AND CONDITIONS AFFIDAVITS FORMAL BID �lignimll ,_, `• 0 BID N00752-0/05-CW MIAMI-DADE COUNTY BID AFFIDAVITS DISABILITY NONDISCRIMINATION AFFIDAVIT (Resolution R-385-95) Section 1 (13 Q I, being duly first sworn, state that this firm, corporation, or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this contract complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1973, 29 U.S.C. Section 794 The Federal Transit Act, as amended 49 U.S.C. Section 1612 The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631 ■ MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Ordinance 93-129) Section 1 (13 I) I, being duly first sworn, upon oath deposes and says that the bidder of this contract or his agents, officers, principals, stockholders, subcontractors or their affiliates are not debarred by Miami -Dade County. MIAMI-DADE COUNTY COLLECTION OF TAXES, FEES AND PARKING TICKETS AFFIDAVIT (Ordinance 95-178) Section 1 (13 E) I, being first duly sworn state that in compliance with the procedures contained in Section 2-8.1(c) of the Code of Miami -Dade County, and as amended by Ordinance 95-178, this firm hereby certifies that the foregoing statements are true and correct. That all delinquent and currently due fees or taxes (including, but not limited to, real and personal property taxes, convention and tourist development taxes, utility taxes, and occupational license taxes) collected in the normal course by the Miami -Dade County Tax Collector and County issued parking tickets for vehicles registered in the name of the above firm, have been paid. AFFIDAVIT RELATING TO INDIVIDUALS AND ENTITIES ATTESTING BEING CURRENT IN THEIR OBLIGATIONS TO MIAMI-DADE COUNTY (Ordinance 99-162) See Section 1(13 O) I, being first duly sworn state that in compliance with County Ordinance 99-162, the bidder is not in arrears in any payment under a contract, promissory note or other loan document with the County, or any of its agencies or instrumentalities, including the Public Health Trust (hereinafter referred to as "County"), either directly or indirectly through a firm, corporation, partnership or joint venture in which the individual or entity has a controlling financial interest as that term is defined in Section 2-11.1(b)(8) of the County Code. cAbid package affidavits\fomial bids.doc Page I of .8 Revised 0628/00 o2- 054 0 BID N' )752 -0/05 -CW • AFFIRMATIVE ACTION PLANIPROCUREMENT POLICY AFFIDAVIT (Ordinance 98-30) Section 1(1.8 B) I, being duly fust sworn, upon oath deposes that the bidder of this contract has a current Affirmative Action Plan and/or Procurement Policy, as required by Ordinance 98-30, processed and approved for filing with the Miami -Dade County Department of Business Development (DBD) under the file No. and the expiration date of Witness: Signature Witness: By: Signature The foregoing instrument was acknowledged before me this _ FOR AN INDIVIDUAL ACTING IN HIS OWN RIGHT: By: day of FOR A CORPORATION, PARTNERSHIP OR JOINT VENTURE: By:-. with 11 having the title of Signattae Legal Name and Title corporation ❑ partnership ❑ joint venture ❑ DOES NOT APPLY - MY COMPANY'S REVENUE IS LESS THAN $5 MILLION Signature PLEASE NOTE. Date 20 Ordinance 82-37 requires that all properly licensed architectural, engineering, landscape architectural, and land surveyors have an affirmative action plan on fde with the County. Ordinance 98-30 requires that firms that have annual gross revenues in excess of five (5) million dollars have an affirmative action plan and procurement policy on fde with the County. Firms that have a Board of Directors that are representative of the population make-up of the nation are exempt. For questions regarding these requirements, please contact the Miami -Dade County Department of Business Development at 305-349-5960 This affidavit must be properly executed by the bidder and included with the bid proposal c:\bid package affidavits\formal bids.doc Page 2 of 8 Revised 0628/00 02- 954 0 BID NO*52-0/05-CW ■ AFFIRMATIVE ACTION PLAN EXEMPTION AFFIDAVIT (Ordinance 98-30) Section 1 (1.8 B) I, being duly first sworn, hereby states that the bidder of this contract has a Board of Directors which is representative of the population make-up of the nation and hereby claims exemption in accordance with the requirements of Ordinance 98-30. Said bidder has a current Board of Directors Disclosure form, as required by Ordinance 98-30, processed and approved for filing with the Miami -Dade County Department of Business Development (DBD) under the file No. and the expiration date of Witness: Witness: Signamm Signature By: The foregoing instrument was acknowledged before me this Signature Legal Name and Title day of , 20 FOR A CORPORATION, PARTNERSHIP OR JOINT VENTURE: By: with 0 a PLEASE NOTE: having the title of corporation [3 partnership p joint venture Ordinance 98-30 requires that firms that have annual gross revenues in excess of five (S) million dollars have an affirmative action plan and procurement policy on fde with the County. Firms that have a Board of Directors that are representative of the population make-up of the nation are exempt. For questions regarding these requirements, please contact the Miami -Dade County Department of Business Development at 305-349-5960 This affidavit most be properly executed by the bidder and included with the bid proposal c:lbid package affidavits\ ormal bids.doc Page 3 of 8 Revised 0628!00 02. 954 0 ' BID NA752-0/05-CW ■ LIVING WAGE AFFIDAVIT (IF APPLICABLE TO THIS CONTRACT) (Ordinance 99-44) See Section 1 (13 W I, being first duly sworn state that in compliance with County Ordinance 99-44, hereby states that by accepting award of this contract I shall agree to pay the Living Wage required by Ordinance 99-44 to all employees assigned to this contract. I further understand that the current Living Wage applied to this contract is $8.56 per hour plus Health Benefits as described in the ordinance or $9.81 per hour without Health Benefits. NOTE SIGN AND NOTARIZE THE FOLLOWING PAGE. BY SIGNING AND NOTARIZING THE FOLLOWING PAGE YOU ARE ATTESTING TO PAGES I THROUGH 4 OF THE AFFIDAVITS Y cAbid package affidavits\fortnal bids.doc Page 4 of 8 Revised 06/28M 02. 954 0 BID No•�52-0/05-CW MIAMI-DADE COUNTY AFFIDAVITS SIGNATURE PAGE By: Signature of Affiant Printed Name of Affiant and Title "v 20 _ Date Federal Employer Identification Number Printed Name of Firm Address of Firm SUBSCRIBED AND SWORN TO (or affirmed) before me this day of , 20_ He/She is personally known to me or has presented as identification. Type of identification Signature of Notary Print or Stamp Name of Notary Notary Public — State of cAbid package affidavits\frnmal bids.doc Page 5 of 8 Serial Number Expiration Date Notary Seal Revised 06/26/00 02- 954 40 BID N04*752-0/05-CW FAIR SUBCONTRACTING PRACTICES (Ordinance 97-35) Section 111.8 D(5)1 In compliance with Miami -Dade County Ordinance 97-35, the Bidder shall submit with the bid proposal a detailed statement of its policies and procedures (use separate sheet if necessary) for awarding subcontractors in accordance with Section 1, Paragraph I.81)(5). NO SUBCONTRACTORS WILL BE UTILIZED ON THIS CONTRACT sig cAbid package affidavitslformal bids.doc Page 6 of 8 Due Revised 02/25/00 02- 954 W CR WP Firm Name of Prime Contractor/Respondent: Bid No.: BID NO.: 6752 -0/05 -CW SUBCONTRACTOR/SUPPLIER LISTING (Ordinance 97-104) Section 11.8 D(4)] Title: i ms Corms, or a comparable listing meeting the requirements of Ordinance No. 97-104 MUST be completed, signed and submitted by all bidders and respondents on County contracts for purchases of supplies, materials or services, including professional services which involve expenditures of $100,000 or more, and all bidders and respondents on County or Public Health Trust construction contracts which involve expenditures of $100,000 or more. A bidder or respondent who is awarded the contract shall not change or substitute first tier subcontractors or direct suppliers or the portions of the contract work to be performed or materials to be supplied from those identified, except upon written approval of the County. This form, or a comparable listing meeting the requirements of Ordinance No. 97-104, MUST be completed, signed and submitted even though the bidder proposer will not utilize subcontractors or suppliers on the contract. The bidder or proposer should enter the word "NONE" under the appropriate heading of sub form 100 in those instances where no subcontractors or suppliers will be used on the contract. Business Name and Address of First Tier Subcontractor/Subconsultant Principal Owner Scope of Work to be Performed by Subcontractor/Subconsultant (Principal Owner) Gender Race Business Name and Address of Direct Supplier Principal Owner Supplies/Materials/Services to be Provided by Supplier (Principal Owner) Gender Race ...._...__ ■ mac. t my t..at tilt; . CN, t:actttuttotts t:utttauteu ut this Subcontractor uppuer Listing are to the best or my knowledge true and accurate Prime Contractor/Respondent's Signature cAbid package affidavitsWomial bids.doc Print Name (Duplicate if additional space is needed) Page 7 of 8 Print Title Date FORM 100 Revised 02/25/00 E7 BED -NO.: 67 -0/05 -CW MIAMI-DADE COUNTY .' CERTIFICATION OF RECYCLED ENVIRONMENTALLY ACCEPTED PACKAGING PRODUCT CONTENT RESOLUTION (R-738-92) Section 1(1.8 C) MINIMUM CERTIFIED CONTENT Bid Item Number RECYCLED PRODUCTS RECOVERED MATERIALS RECYCABLE PRODU % Composition Type of Material % Composition Type of Material % Composition Type of Material DEFINITIONS "Recycled Material" shall be defined as any waste material or by-products that have been recovered or diverted from solid waste. "Recycled Product" shall be defined as any product which is in whole or in part composed of recovered materials. "Recyclable Product" shall be defined as the ability of a product and its packaging to be reused, reconditioned for use, or recycled through existing recycling collection programs. "Waste Reducing Product" shall be defined as any product which will result in less waste generated due to its use rather than another product designed to serve the same function with a greater waste generation rate. This shall include, but not limited to those products that can be reused, refilled or have a longer life expectancy and contain a lesser amount of toxic constituents. I have the knowledge to certify and do so by certify that the Minimum Materials Content in our product(s) are as specified on this form and conform with the definitions as shown above. NAME ADDRESS CITY STATE ZIP SIGNATURE TITLE Printed on Recycled Paper cAbid package affidavits\formal bids.doc Page 8 of 8 Revised 02/25/00 02- 954 AWARD UNDER MIAMI-DADE COUNTY BID NO. 6752 -0/05 -CW ITEM: Asphaltic Concrete DEPARTMENT: Public Works, Operations Division TYPE OF PURCHASE: Term REASON: The Department of Public Works, Operations Division has a need Asphaltic Concrete for filling potholes, pavement edges, to repair deteriorating sidewalks due to the accelerated growth of tree roots within the public right-of-ways. RECOMMENDATION: It is recommended that award be made to Various Vendors, for the procurement of Asphaltic Concrete, utilizing existing Miami -Dade County Bid No. 6752 -0/05 -CW, effective through October 31, 2006, subject to any extensions thereto by Miami - Dade County, for the Department of Public Works, Operations Division, in an annual amount not to exceed $22,000; allocating funds therefor from Account No. 001000.310501.6.750, subject to availability unds and bu ary approval. Judy S. Carter Director of Purchasing Date Award Under Dade County Contracts 02— 95,y