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HomeMy WebLinkAboutR-01-0869f J-01-725 8/2 i /01 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION APPROV?NG THE ACQ;JI.SITION OF RLMOVAL SERVICES WOR DERELICT VESSELS WTTHIN 1'}i CTTY O-' 161:AMT WATERINIAYS FOR THE DEPARTMENT OF CONFERENCES, CONVENTI-ONS AND PUBLIC FACILI'T'IES FROM DOCK AND AlAR'.NLS CtONSTRUCTIOPJ, INC. AND BLUL,' WATER 1,1ARJNE SERV.TCES, INC. , UNGf;R EXISTTNG M1.AML, I-DADI, COUId'1'l' CON-'RACT NO. 2L)50-3/0�)-OTR-CW, 1-17-hECTIVE, THROUGH AUGUST 31, 2002, AND ANY EXTENSIONS, TN_ AN AGGREGATE AMOUNT NOT TO EXCEED $68,000; ALLOCATING FUNDS FROM ACCOUNT CODE N0. 110021..350118.34^. BE Ii RESOLVED AY THLCOMMISSION OF THE CITY OF MTAMI, -'LORI-DA: Section 1. The acUliisiCion of removal services for dereli;-t vessels within the City of Miami_ waterways for Lhe Department. of Conferences, Conventions and Public Faci.l.iti.es from Duck and Plarine Cons t ruction, Inc. and .01 u Wa far Ma.rinE.,, Services, Jnc., under exisLi.ng Miami -Dade County Contract No. 2.550-3/05--O1'R--CI^l, affective Lhrough August 3 i, 2002, and any extcns-ions, in an aggregate amounL nal: ro exceed $68,000, is em cowaswou MEETING OF SPP 1 3 2001 ftow" no. 01 869 approved, w.iLh funds allocated from Account Code Na. 110021.350118.340. Section 2. This resolution sha2l become effective immediately upon its adoption and signature of the Mayor!' PASSED AND ADOPTED this 13th day of — September 2Q01 JOE CAROLLO, MAYOR In (300ort.lf ico Witlr C;r1V,1,? ync:. 2-2r, since tht:? Mayor rlid not Indicate ppprovai of titin Ic}IFt411-ttion isy Okjnin it it) tlx:, praviniaci, naid ksgd.Slatiotl now I:l3Gnl'lik ., 6 -R)011 -vv VJJlVl the l'i•': +;'it;' `'i fucml data of 711. 11*10, 01 reprsrdinlj c;arno, w4houl tliu Mayor i;,xarc:Islog ta.,, v t Walter J. 'roernan, Clerk WAI..TE'R L'OLMAI�r CITY CLERK ;P,KPROV S T�ORM Am r) CORRECTNESS V l �LE 'DRO VTLl1RT,LLO CITY ATTORNEY W5577:db:LB ii if the Mayor does nor. sign Lhlp Resolutiori, iL shall become effective aL the ermt of ten calendar days L,_om Lhe dazo iL was Massed .Ind adopted. if Che Mayor vetoes this Resolution, i.L shall he -_come ei ect_ive imrucdia;el.y upon ovor-ide of r.'r:e veto by L110 City Page 2 of 2 61— 869 CITY OF MIAMI, FLORIDA C =18 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: C . City Manager DATE: AUG 2 9 :: 31 FILE: SUBJECT: Resolution Approving Procurement Of Derelict Removal Services from Miami -Dade County Contract REFERENCES No. 2550-3/05 OTR -CW ENCLOSURES, RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution approving the procurement of derelict vessel removal services within the City of Miami waterways utilizing Miami -Dade County Contract No. 2550-3/05 OTR -CW with services provided from Dock and Marine Construction, Inc. and Slue 'Vater Marine Services, Inc. Funds in the amount of $68,000 are available in Account Code 110021.350118.340 established with grant funds. BACKGROUND The City of Miami wishes to remove derelict vessels from the City's waterways which present a threat to public health and safety, the environment and navigation. The Department of Conferences, Conventions and Public Facilities recommends that the City utilize the derelict vessel removal services of the vendors identified in the existing Miami -Dade County Contract No. 2550- 3105 OTR -CW, Dock and Marine Construction, Inc. and Blue Water Marine Services, Inc. CAG KR/CPA/yp 1- S69 • � Y61 UVJ CONTRACT AWARD SHEET DEPARTMENT OF PROCUREMENT MANAGEMENT SIDS AND CONTRACTS Df%1S10N TITLE: PRE -QUALIFICATION FOR REMOVAL AND DiSPOSI►L OF DERELICT VESSELS COMMODITY CODE NO.: 910.27 OTR YEARS: THREE (3) CONTRACT PERIOD: SEPTEMER 1, 2000 THROUGH A.UGU .T 31, 2002 AWARD BASED ON MEASURES: ❑ YES ® NO CJ PROCUREMENT Aobwt: N SR, PROCUREMENT ADEM: Vi sinia HovmA PHONE: 305.375.1077 ❑ Set Aside ❑ "1 13") Pref arkOC ❑ NMilolg Wages (Re:aa. 90-143) M7 71: VENDOR AWARDED 1`.E.I,N.: VENDOR: STREET: CTIY/STATFJ?.IP: F.O.E. TERMS: PAYMENT TERMS: DELIVERY: TOUT. FREE PHONE 11 PIiONE: FAX: E-MAIL: CONTACT PERSON: Bid Preference SBE [D ME ❑ WBE Owned Firms ❑ CSBE Level 590913754 DOCK & MARINE CONSTRUCTION, INC. - 75214,E. 79 STREET MIAMI, FL 33138 DESTINATION NET30 AS NEEDED :VIA (305)751-9911 (MS) 751-05 NIA MARK LARSON DEPr\RTMI} NI' OF PjtOCURBAI wr MANA,GEwmw BIDS AND CONTRACTS DWISION 1 AWAMWW60 trAnd 01ga100 01- 869 l l,' 11100 NOV 12:310 FAX PART #2: ITEMS AWARDED AS PER ATTACHED PART #3: AWARD WFERMAT[ON 13 LSCC ® PAD AWARD DATE: 091: ?!00 AGENDA ITEM #: NIA BIDS & CONTRACTS RELEASE DATE: 09/IS100 OTR. YEAR: NIA ADDITIONAL. ITEMS ALLOWED: MA SPECIAL CONDInONS: SM: CAPTAIN DAN'S MARINL9. TOWING & SALVAGE AND BLUE WAT&R. MARM SERVICES, LXC. WIM BE ADDED TO THIS CONTRACT AWARD SUET VtW-114 THEY COMPLY WITH ALL REQUIREMENTS. TOTAL COMl AC r VALUE: S3NiQQ OULLARALLOCATE S377,000.00 DEPARTMENT OF PROC[7L`EM04T MAMAGRAWM BIDS AND CONTRACTS DMMION 1 400"m own.4- MridOf�Y�o til- 869 004 9 rr Gw-t' TO: ALL DEPARIW NTS is AWARD SHEET ADDENDUM NO. 1 DATE: 10/10/00 wi VuC FROM: VIRGP.VIA HOWARD. CPPB BID P10.: 2550.3/05 -OTR -CW DPM TITLE: Pre -Qualification For Removal And Disposal Of Derelict Vessels Please note the Callowin chenre(s): THE FOLLOWING VENDOR HAS BEEN ADDED TO Ti.US CONTRACT: F.E.I.N.: 650535505 VENDOR: BLUE WATER MARINE SERVICES, INC, —' STREET: P.O. BOX 901716 CITY/STA7VZIP: HOMESTEAD, FL 330906-1716 F.O.B. TERMS. DESTINATION PAYMENT TEILMS: NET 30 DELIVERY: AS NEEDED TOLL FREE PHONE NIA PHONE: 305 230-0030 M. 305 230M30 E-MAIL NIA CONTACT: WILLIAM HICKS ALL OTHER I..WORMATION REMAINS THE SAME .,wAxa ZW-wNNDVM ", f1W" 01- 869 BID NO.: 2550 -3/05 -OTR -CW mi OPENING: 2:00 P.M. • WEDNESDAY Aug. 9, 2000 MIAMI-DADE COUNTY, FLORIDA INVITATION TO BID TITLE PRE -QUALIFICATION OF CONTRACTORS FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS FOR A TWO (2) YEAR PERIOD WITH OPTION TO RENEW FOR THREE (3) YEARS 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 EQUIPMENT LIST N/A INDEMNIFICATIONANSURANCE SEE SECTION 2.0 PARA. 2.11 LIVING WAGE SEE SECTION 1.0 PARA 1.3 M PRE-BID CONFERENCE/WALK-THRU N/A RACE -CONSCIOUSNESS MEASURE N/A SAMPLES/INFORMATION SHEETS N/A SECTION 3 - MDHA N/A SITE VISIT/AFFIDAVIT N/A SURCHARGE FEE SEE SECTION 2.0 PARA. 2.21 WRITTEN WARRANTY N/A FOR INFORMATION CONTACT VIRGINIA HOWARD AT (305) 375.1077 IMPORTANT NOTICE TO BIDDERS MIAMI-DADE COUNTY DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION FAILURE TO SIGN PAGE 55 OF SECTION 4.0, BID PROPOSAL WILL RENDER YOUR BID NON-RESPONSIVE �►1- BG�i • MIAMI-DADE COL .'Y 0 BID NO. 50 -3/05 -OTR -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 different 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. "BIDSIPROPOSALS 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 deaf/hard of hearing. If you require Information in an alternate format please call 305.375.5278. SFrCTION 1 REwsao OUNM Q �, 01— OU • • MIAMI-DADE CC_ArfY BID NC.._550-3/05-0TR-CW GENERAL TERMS AND CONDITIONS 1.1 DEFINITIONS 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 KW 1st Street, 17`i' Floor, Suite 202, Miami, Florida. The 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 II E REVISED 03,74aA�rO V 1 w ` 6 () MIAMI-DADE COL : Y BID NO. 50 -3105 -OTR -CW 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 TIME THE COUNTY MANAGER ISSUES A WRITTEN RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS. THE CONE OF SILENCE PROHIBITS COMMUNICATION REGARDING RFPs, RFQs OR BIDS BETWEEN POTENTIAL VENDORS, SERVICE PROVIDERS, BIDDERS, LOBBYISTS OR CONSULTANTS AND THE COUNTY'S PROFESSIONAL STAFF INCLUDING, BUT NOT LIMITED TO, THE COUNTY - MANAGER AND THE COUNTY MANAGER'S STAFF. A CONE OF SILENCE IS ALSO IMPOSED BETWEEN THE MAYOR, COUNTY COMMISSIONERS OR THEIR RESPECTIVE STAFFS AND ANY MEMBER OF THE COUNTY'S PROFESSIONAL STAFF INCLUDING, BUT NOT LIMITED TO, THE COUNTY MANAGER AND THE COUNTY MANAGER'S STAFF. THE PROVISIONS OF ORDINANCE 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. (3) It is the bidder's responsibility to ensure receipt of all addenda and substitute bid proposal foryps. If applicable, the bidder is required to III REVISED 03/24W 01- 869 MIAMI-DADE CC. _ ,-rrY BID N(,.._550-3/05-0TR-CW 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. 1.3 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. (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 IV UV ISED 03n4a 01- 869 MIAMI-DADE COL. . Y BID NO.. .i0 -3/05 -OTR -CW 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 bome 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 specified 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 REv LSED 036!400 01- 869 MIAMI-DADE CC_ STY BID NC... _550 -3/05 -OTR -CW B. Vendor Registration tration 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 2.113(d) of the County Code provides that a person (County Employee) may not enter into any contract or transact any business through a firm, corporation, partnership or business entity in which he or any member of his immediate fandiy has a controlling nnancial 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 Commi.+sion hot One at 305.519.2593, 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 business transaction 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 after receiving notice of such conviction, and impose appropriate personnel action against the employee up to and including termination. • • MIAMI-DADE COI i Y BID NO.. 50 -3/05 -OTR -CW (4) Family Leave Affidavit Pursuant to County Ordinance No. 142-91, 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 furnish 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. 95-198, the bidder shall certify that all delinquent and currently due fees, taxes and parking tickets have been paid. (See Appendix - Section 1) F. Conflict of Interest and Code of Ethics VII REws� 9r4W 8 6 r • • MIAMI-DADE CG _N'TY 131D NC,.L550-3/05-OTR-CW 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; 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 Affidavi 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 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 VIP KEVISEn03/2191 _ 869 MIAMI-DADE COI. CY BID NO. ,50 -3/05 -OTR -CW 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) 1. 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 (IPS1G). 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 General, 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 r/. 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 dedueted.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 including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the IX. aEVISED QA40W Ul- 869 • MIAMI-DADE Ct,,.NTY 0 BID Nl,.._550-3/05-OTR-CW (Contractor/Vendor/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 (Contractor/Vendor/Consultant) from the Inspector General or IPSIG retained by the Inspector General, the (Contractor/Vendor/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's/Vendor'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 (Contractor/Vendor/Consultant), its officers, agents, employees, subcontractors and suppliers. The (Contractor/Vendor/Consultant) shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the (Contractor/Vendor/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. J. 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, 28`h Floor, Miami, FL 33123-1844, Phone: 305-349-5960. K. 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 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 X REVISEDOW4W 01.— 869 • MIAMI-DADE CO _ 1'Y • BID NO. .50 -3/05 -OTR -CW 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 subcontractor 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. This Ordinance encompasses various responsibilities that must be accomplished by the successful bidder such as record keeping, XI REVISED 034400 til- 869 • MIAMI-DADE CC-_JTY BID NG..:.550-3/05-OTR-CW 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. 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 marketing 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 did 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 KEVISEna: 4W 01-- 869 MIAMI -DADS C• •1TY BID N -550-3/05-OTR-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 UVISM 0344W 01- 869 MIAMI-DADE CG_ _.TY BID NG.._j50-3105-OTR-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 campaigms. 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 firrn accept payments as a MBE and pass through those payments to another entity; Rental S acp e. Equipment and Staff Requirements or Flat Overhead Fee Reguirements ♦ 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; MBE Staff Utilization XIV REVISED 0712400 • • MIAMI-DADE COL . Y BID NO.. .i0 -3105 -OTR -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 Count 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 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, 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 terms 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 1.4 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. B. Withdrawal of a Bid XV REVISED 03124W 01- 869 • 0 MIAMI-DADE CO`..TY BID NO.._.,50-3/05-0TR-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 A. Resection of Bid (1) The County may reject any bidder's Proposal and award to the next lowest responsivetresponsible 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." B. Bidder's Past Performance Pursuant to County Ordinance No. 98-42, 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. C. 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. D. Waiver of Informalities The County reserves the right to waive any informalities or irregularities in this bid solicitation. E. 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 XVI 1WV15FD0)aa4) 1 — 869 MIAMI-DADE COL. ,'Y BID NO.. 30 -3/05 -OTR -CW 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 malting 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 reserves the right, before awarding this contract to require the bidder to submit such evidence of its subcontractor, as it may deem necessary. F. CO2M 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. 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. B. Tie Bid The Director of Bids and Contracts or designee, and according to County Resolution 1574-88 will decide any tie bid. XVII REVISMON24 o 01- 869 MIAMI -DADS Ct-.,NTY C. Additional Information • BID Nt,..2550-3105-OTR-CW 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 County, through action taken by GSA Procurement Management Division, may rescind the award. D. Term of Contract The term of this bid solicitation shall be specifiedon 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 County and the successful bidder are in mutual agreement of such extensions. F. Warrant Any implied warranty granted under the Uniform Commercial Code shall apply to all goods purchased under this bid solicitation. G. Estimated Quantities 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. H. 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 XVIII REVISED 03Raroo U.1-- sss • • MIAMI-DADE CO, TY BID NO. 50 -3/05 -OTR -CW 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 determined to be in the best interest of the County. I. 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. J. Limited Contract Extension Any specific work assignment which commences prior to the termination date of the contract and which will extend beyond the ter narration date including any previous contract extension(s) shall, unless terminated by mutual written agreement by both parties, continue until completion at the same prices, terms 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 L500.00 payable to the Board of County Commissioners. Failure to file the proper Bond at the time of filing the protest will result in denial of the protest. If, the XIX UVISM OX&W 91-- 869 • MIAMI -DADS C(_,_iJTY l:3 • BID N(,..s550-3/05-0TR-CW 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. Bid Award Recommendation Over 5100.000.00 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 I 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 department, the bidder's Bond may be forfeited and the County may seek all costs, attorneys and administrative fees. 1.8 CONTRACTUAL OBLIGATIONS A. Rules, Regulations, Licensing Requirements 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 pari of their proposals/bids to be filed with the Clerk of the Board, an appropriately completed and sighed 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 XX KEVISM- - 8 6 9 • MIAMI-DADE CO.. _ . FY C LO • BID NC. i50-3/OS-OTR-CW 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) 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 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. 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 XXI MVISEDOW& o 01_ 86 • MIAMI-DADE CC —,-JTY • BID NG.._550-3/05-OTR-CW 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 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 he 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 XXII fXVIS no3/24M • • MIAMI-DADE CO. rY BID NO. X50-3/OS-UTR-CW 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. (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: 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 consideration of all submitted proposals and in accordance with the bidder's stated objectives. til- 869 XXIII REVISED OMAW • • MIAMI-DADE CC _,%TY BID NG.. -550 -3/05 -OTR -CW 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) E. Assienment 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. F. Delivery Unless otherwise specified in this bid solicitation, prices quoted shall be F.O.B. Destination with freight included in the proposed price. G. 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 tinder its sole direction and not 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. XXI V REVISED 03/24= 0. 8 G 9 • MIAMI-DADE CO'.. CY BID NO. •50 -3/05 -OTR -CW 1. 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 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. 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 xxv UVISM034AW 01- 8 6 9 MIAMI-DADE CC _ .-iTY BID NO-._350-3/05-0TR-CW 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. 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. XXV I REVISED 03124M MIAMI-DADE COL i Y BID NO.. 50 -3/05 -OTR -CW 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 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. X1 V II REVISED 03124W 01- 869 MIAMI-DADE C, NTV BID NU .-550-3/05-OTR-CW SECTION 2.0 SPECIAL CONDITIONS PRE -QUALIFICATION OF CONTRACTORS FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS 2.1 PURPOSE: To PRE -QUALIFY BIDDERS The purpose of this Invitation to Bid is to pre -qualify potential bidders for future bidding through the submission of documents and forms which verifies that the bidder meets or exceeds minimum criteria. All bidders which meet or exceed the criteria established in the invitation to Bid shall be placed on a Pre -Qualification List that may be accessed by County departments in order to obtain price quotations for the provision of 2.2 INTENTIONALLY OMITTED 2.3 INTENTIONALLY OMITTED 2.4 TERM OF CONTRACT: 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, Bids & Contracts Division; and contingent upon the completion and submittal of all required bid documents. The contract shall remain in effect for ( ) months and upon completion of the expressed and/or implied warranty period. 2.5 OPTION TO RENEW FOR ONE (1) ADDITIONAL YEAR(S) (With Price Adjustment) The prices for a one (l) year period from effective date shall be consistent with the Provisions outlined in section 2.7 of these terms and conditions; at which time Dade County shall have the option to renew for an additional one (1) years on a year to year basis. At that time Dade County will consider adjustment to price based on ( ). It shall be further understood that the County reserves the right to reject any price adjustments submitted by the bidder and/or to terminate the contract with the bidder based on such price adjustments. Continuation of the contract beyond the initial period is a County prerogative; not a right of the bidder. This prerogative may be exercised only when such continuation is clearly in the best interest of the County. In the event that the bidder declines the County's right to exercise the option period, the County will consider the successful bidder in default and affect its eligibility for future contracts. NOTE: SHOULD THE COUNTY EXERCISE THE OPTION TO RENEW, IT SHALL BE ONLY FOR THOSE ITEMS ORIGINALLY AWARDED. 28 m"E� 3wv°° 869 • MIAMI-DADE CO. TY • BID NO.. 50 -3/05 -OTR -CW 2.6 METHOD OF AWARD TO SIX (6) PRE -QUALIFIED BIDDERS WHO WILL BE INVITED TO PARTICIPATE IN SPOT MARKET PURCHASES Award of this contract will be made to the ( ) pre -qualified bidders who are actively engaged in providing removal and disposal of derelict vessels and meet the pre - qualification criteria listed below. Pre -qualified bidders will be invited to participate to offer a lump sum price for each project as they are identified by the County on an as needed basis. A) Are Currently licensed in one or more of the following: 1. Marine Contractor 2. Marine Towing and Recovery 3. Marine Diving and Salvage 4. Demolition Contractor B) Have access to appropriate water bound equipment such as tug boats, towboats barges and cranes. C) Have a minimum of Three (3) years of experience in the removal and disposal of derelict vessels. The using department shall contact all pre -qualified bidders for a quotation. Bid quotations shall be submitted within seventy-two (72) hours of the Invitation to Quote. 2.8 INTENTIONALLY OMITTED 2.9 INTENTIONALLY OMITTED 2.10 INTENTIONALLY OMITTED 2.11 INDEMNIFICATI,ON AND INSURANCE - (1) GENERAL SERVICE AND MAINTENANCE (CQNTRACT 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 29 UVISEa OM&Ob 869 • MIAMI-DADE C.. _)NTY 0 BID N%_..2550 -3105 -OTR -CW 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, Metropolitan Dade County, c/o Department of Procurement Management, Bids & Contracts Division, 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 440. B. Public Liability Insurance on a comprehensive basis in an amount riot 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 per occurrence for bodily injury and property damage. 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 V" 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. 30 rcevtsen 03124= • MIAMI-DADE CO, ..TY • BID NO. .50 -3/05 -OTR -CW 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 Terms 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 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 2.15 METHOD OF PAYMENT: PERIODIC PAYMENTS FOR SERVICE RENDERED 01- 869 31 REVISED 03n4m • • MIAMI-DADE CL NTY BID NG.. -550 -3/05 -OTR -CW The County shall provide periodic payments for services rendered by the successful bidder. In order for the County to provide payment, the bidder shall submit a fully documented invoice which identifies the appropriate purchase order number, the service location, and itemizes the services provided to the County using department(s). The invoice shall be submitted to the County department within thirty (30) calendar days after the service have been rendered. It shall be understood that such invoices shall not be submitted for payment until such time as the service has been completed and a County representative has reviewed and approved the service. 2.16 INTENTIONALLY OMITTED 2.17 COMPLETION OF WORK FROM DATE OF NOTICE TO PROCEED The Bidder shall state in its proposal the number of calendar days from the date of the Notice To Proceed in which it will guarantee to complete the work, repair, and/or service. A verbal instruction from an authorized County representative shall constitute sufficient notice to the vendor to commence work. Time for completion may be considered a factor in determining the successful bidder. The completion date shall not exceed thirty (30) calendar days after date of Notice to Proceed. All work shall be performed in accordance with good commercial practice and the work schedule and completion dates shall be adhered to by the successful bidder(s); except in such cases where the completion date 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 original completion date so that a revised completion date can be negotiated. Should the bidder(s) to whom the contract(s) is awarded fail to complete the work within the number of days as stated in its proposal, it is hereby agreed and understood that the County reserves the authority to cancel the contract with the bidder and to secure the services of another vendor to complete the work. If the County exercises this authority, the County shall be responsible for reimbursing the bidder for work which was completed and found acceptable to the County in accordance with the bid specifications. In addition, the County may, at its option, request payment from the bidder, through an invoice or credit memo, for any additional costs over and beyond the original bid price which were incurred by the County as a result of having to secure the services of another vendor. If the bidder fails to honor this invoice or credit memo, the County may suspend the bidder from submitting bid proposals on County contracts for a minimum period of six (6) months. 2.18 INTENTIONALLY OMITTED 2.19 INTENTIONALLY OMITTED 2.20 CONTACT PERSONS: 32 1MV ISM 03n4M 03.- 869 221 • MIAMI-DADE CG .TY BID NO. .50 -3/05 -OTR -CW For any additional information regarding the specifications and requirements of this contract, Contact: Virginia Howard, CPPB at (305) 375-1077. COUNTY-WIDE/STATE-WIDE USAGE 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 price(s) established herein. Each Governmental, not-for-profit or quasi -governmental entity which uses a contract(s) resulting herefrom, 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. 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 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 GSA/Accounts Receivable, 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 reprocurement charges may be charged to the vendor in default. Willful failure or falsification of sales reports or 01~ 869 33 MWSM 01/24M MIAMI-DADE G JNTY BID N` .1550.3/05 -OTR -CW failing to make timely payments of the surcharge fee shall constitute sufficient cause for terminating the contract for cause of the non -conforming vendor. MIAMI-DADE COUNTY Department of Procurement Management, Bids & Contracts Division 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 Countv Commissioners. 5) Attach check to report form and remit to: GSA/Accounts Receivable 111 NW 1 st Street Suite 2410 Miami, FL 33128 NOTE: Quarterly report must be submitted to GSA/Accounts Receivable, 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 151 Quarter — January 1 — March 31 April 15 2nd Quarter - April 1 - June 30 July 15 3rd Quarter - July l - September 30 October 15 4th Quarter - October 1 - December 31 January 15 34 ;MVIS aOM14W 01- 869 I• MIAMI-DADE COL CY • BID NO.. . j0 -3/45 -OTR -CW MIAMI-DADE COUNTY General Services Administration/Accounts Receivable 111 NW 1st Street Suite 2410 Miami, Florida 33128 (305) 375-4143 QUARTERLY SURCHARGE PAYMENT REPORT SECTION 1 Vendor/Contract Information: Date Submitted _/,_/ Vendor Name FEIN # Address - City State _ Zip Code Contact Person Phone# FAX# E -Mail Contract#_ Tile SECTION 2 - Applicable Reporting Period �Ccheck One) OJan. 1 - March 31 []July 1 - Sept. 30 []April 1 - June 30 []Oct. 1 - Dec. 31 (1S1 Quarter) (2nd Quarter) (3`d Quaner) (4`" Quarter) SECTION 3 - Summarv: 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 n 35 Date cit— 869 MIAMI-DADE CC _NTY BID N6.._550 -3/05 -OTR -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. COUNTYWIDE 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 Art: Wayne Moody, Sr. Buyer 340 San Lorenzo Avenue Coral Gables, Florida 33146 (305) 460-5102 CITY OF HIALEAH Art: 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 Art: 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. Bo% 33.0 Boynton Beach, Florida 33425-0310 (407) 738-7415 VILLAGE OF KEY BISCAYNE Art: 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. 3$th Terrace Virginia Gardens, FL 33166 (305) 871-6104 36 UVISEo MUM ()1- 869 MIAMI-DADE CO I'Y 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 191st 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 37 • BID NO. 50 -3/05 -OTR -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 Act: 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 COUN'T'Y PUBLIC SCHOOLS Att: Joe Gomez, Director Division of Procurement Mgt. 1450 N.E. 2nd Avenue Miami, Florida 33432 (305) 995-1364 01-- 869 0 MIAMI-DADE CL ..VTV 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 Stem Procurement & Contract Admin. 3301 Gun Club Road West Palm Beach, FL 33406 (407) 686-8800 38 • BID N(._._5S0-3/05-0TR-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 61- 869 MIAMI -DADS CO. rY 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 Alt: 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 39 • BID NO. 50 -3105 -OTR -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: Veronigue Rellford Purchasing Director 2391 Ave. "L" Riviera Beach, FL 33404 (407) 845-4180 PALM BEACH COUNTY SHERIFFS OFFICE Att: Lisette Alfonso Purchasing Manager 415 Gator Dr Lantana, Fl 33462 (407)533-1225 01.- 86. REV ISED OY74W 0 MIAMI-DADE C,, NTV 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 Westwazd Drive Miami Springs, FL 33166 (954) 885-4581 • BID N(..._550-3/05-0TR-CW CITY OF POMPANO BEACH Atv 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 STATE-WIDE KEY CONTACT LIST BROWARD COMMUNITY COLLEGE Att: Janet Richkenbacker Purchasing Director 225 E. Las Olas Blvd. Ft. Lauderdale, FL 33301 (954) 761-7455 CITY OF FORT WALTON BEACH Att: Byron Armstrong Purchasing Director P.O. Box 4009 Fort Walton Beach, FL 3254 (904)244-2045 CITRUS COUNTY SCHOOL BOARD Att. William Humbaugh Director of Management Operations 1007 West Main Street Inverness, FL 34450 (352) 726-1931 CHARLOTTE COUNTY BD. OF COUNTY Att: Kimberly Churchwell Purchasing Director 18500 Murdock Circle Port Charlotte, FL 33948-1094 (941)743-1372 CITY OF FORT PIERCE Alt: Tony Barnes Purchasing Director P.O. Box 1480 Fort Pierce, FL 34954-1480 (407) 460-2200 CITY HALL - PURCHASING DEPT. Att: Charlotte A. Heisler, CPPB Assistant Purchasing Agent 326 W. Marion Avenue Punta Gorda, FL 33950 (941) 575-3368 CITY OF GREEN ACRES CITY Att: David Miles Purchasing Director 5958 Tenth Avenue Nor Green Acres City, FL 33463 (561) 642-2013 CITY OF LEESBURG Att: John Spence Purchasing Director P.O. Box 490630 Leesburg, FL 34749-0 (904) 728-9880 REWSED oar -4000 01 8G19 MIAMI-DADE CC . _ 4TY CITY OF BRADENTON Att: ED J. Hargaden Purchasing Director 1300 6th Street West Bradenton, FL 34205 (941) 748-0800 CITY OF DUNEDIN Att: Jeff Thomas Purchasing Manager 750 Milwaukee Avenue Dunedin, FL 34698 (813)738-1843 CITY OF EUSTIS Att: Norman Showley Director of General Svcs. P.O. Drawer 68 Eustis, FL 32727-0068 (352) 483-5470 CITY OF FT. MYERS Att: Robert George Purchasing Director P.O. Box 2443 Ft. Myers, FL 33902-2443 (941) 332-0593 CITY OF PORT ST. LUCIE Att: David Pollard Purchasing Director 121 S.W. Port St. Lucie Blvd. Port St. Lucie, FL 34984 (407) 871-7391 CITY OF PANAMA CITY Att: Veryl J. McIntyre General Servs. Director 519 East 7th Street Panama City, FL 32401 (850) 872-3070 41 • BID NO. .1'50-3/05.OTR-CW CITY OF JACKSONVILLE Att: Jacquie Gibbs Chief Procurement& Supply 220 East Bay Street 3 Jacksonville, FL 322 (904) 630-1192 CITY OF LAKELAND Att: Pat. Williams Purchasing Director 1140 E. Parker Street Lakeland, FL 33801 (813) 499-6780 CITY OF LONGWOOD Att: Rhonda Ledford Purchasing Director 175 W. Warren Avenue Lakeland, FL 32750-4197 (407) 260-3480 CITY OF MELBOURNE Att: David McCue Purchasing Manager 900 E. Strawbridge Av Melbourne, FL 32900 (407) 953-6271 CLAY COUNTY SCHOOL BOARD Att: Ann Martin, Purchasing Director 900 Walnut Street Green Cove, Springs FL 32043 (904) 284-6502 COLLIER COUNTY PURCHASING Att: Steve Carnell, Purchasing Director 3301 E. Tamiami Trail Naples, FL 34112 (941)774-8425 REViSM03 al4j — 869 • MIAMI-DADE C4-,NTV CITY OF POMPANO BEACH Att: Ernie Siegrist General Servs. Director P.O. Drawer 1300 Pompano Beach, FL 33061 (954) 786-4098 CITY OF RIVIERA BEACH Att:.Veronique Rellford Purchasing Director 2391 Avenue "L" Riviera Beach, FL 33404 (407) 845-4180 CITY OF ST. AUGUSTINE Att: M.D. Strickland P.O. Box Drawer 219 St. Augustine, FI 33061 (901) 825-1020 CITY OF ST. PETERSBURG Att: Louis Moore Purchasing Director P.O. Box 2842 St. Petersburg, FL 33731 (813) 893-7220 CITY OF TAMPA Att: Joan McConnell Purchasing Director 306-E. Jackson St., 2"d Fir. East Tampa, F] 33602 (813) 274-8353 CITY OF VENICE Att: John Enlow Purchasing Director 401 West Venice Avenue Venice, FL 34285 (813) 485-3311 BID NG..1550.3105-0TR-CW COLLIER COUNTY SCHOOL BOARD Att: Nancy Goodwin-Sirko Purchasing Director 3710 Estey Avenue Naples, FL 33942 (813)643-2700 COLUMBIA COUNTY SCHOOL BOARD Att: R.M. "Mike" Null, Purchasing Director 528 W. Duval St. Lake City, FL 32055 (904) 755-8030 - DEPT. OF CORRECTIONS -REGION Att: Patti Casey, Purchasing Director P.O. Box 147007 Gainsville, FL 32614 (352)955-2035 EMERY RIDDLE AERO. UNIV. Att: Kathy Welch Purchasing Director 600 S. clyde Morris Blvd. Daytona Beach, FI 32174-3900 (904) 226-6243 HILLSBOROUGH COUNTY PURCHASING Att: Theodore Grable Purchasing Director 601 E. Kennedy Blvd. County Center Tampa, F133602 (813) 272-5290 HRS -DISTRICT 14 STATE OF FLORIDA Att: Glenda"Dianne" Forgey Purchasing Director P.O. Box 605 Polk City, FL 33868 (941) 533-4276 42 REVISED 03134W of- 869 -DADEC•TY • MIAMI OO.SO-3/OS-OTR-CW CITY OF WINTER SPRINGS INDIAN RIVER SCHOOL DISTRICT Att:. JP Petrencsik Att: Rick Chuma, Purchasing Director Purchasing Director 1126 E. SR. 434 1990 25th Street Winter Springs, FL 32708-2799 Vero Beach, FL 32960 (407) 327-1800 (561) 770-5581 LEE COUNTY SCHOOL DISTRICT PINELLAS COUNTY SCHOOL BOARD Att: Michael Bowen Att: Mark Lindemann Purchasing Director Purchasing Director 2523 Market Street 301 4th Street S.W. .Ft. Myers, Florida 33901-3901 Largo, FL 33770 (941) 337-8201 (813) 588-6143 - LEE COUNTY SHEREFF'S OFFICE POLK COUNTY SCHOOL Att: Robert Anderson Att: Gerald Wilson Purchasing Director Purchasing Director 14750 Six Mile Cypress Pkwy. 2470 Clower Lane Fort Myers, Florida 33912 Bartow, FL 33831-9005 (941) 477-1312 (813) 534-0300 LEON COUNTY SCHOOL BOARD PUTNAN COUNTY Att: Byron Williams Att: Willian Phillips Purchasing Director Purchasing Director 2757 West Pensacola Street P.O. Box 1647 Tallahassee, Florida 32303 Palatka, FL 32177 (904) 487-7283 (904) 329-0370 MANATEE COUNTY Att: Rob Cuthbert Purchasing Director 1112 Manatee Ave., West Suite 803 Bradenton, FL 32405 (813) 749-3041 OKALOOSA COUNTY BOCC SCHOOL BOARD OF SARASOTA COUNTY Att: James "Pete" Sumblin Att: Pat Black Purchasing Director Purchasing Director 602-C N. Pearl Street 101 Old Venice Rd. Crestview, FL 32536 Osprey, FL 34229 (904) 689-5960 (813) 486-2183 til— 86,) 43 REVIsEDo"4W 0 MIAMI-DADE C. .NTY OSCEOLA SCHOOL DISTRICT Alt: Donald Miller Purchasing Director 817 Bill Beck Blvd. Kissimmee, FL 34744 (407) 870-4625 PASCO COUNTY, BCC Alt: Frank Fortino Purchasing Director 8919 Government Drive New Port, FL 34654 (813)847-8194 VOLUSIA COUNTY SCHOOL BOARD Alt: Tom Simms Purchase Director P.O. -Box 2118 Deland, FL 32721 (904) 255-6475 CITY OF OCALA Alt: John Tingue Purchasing Director P.O. Box 1270 Ocala, FL 34478 (352) 351-6700 ORANGE COUNTY Purchasing Department 201 S. Rosalind Avenue Orlando, FL 32802 (407) 836-5635 I 44 BID N •550 -3/05 -OTR -CW ST. JOHNS COUNTY SCHOOL BOARD Alt: Don Hurd Purchasing Director 299 Sch000l House Rd. St. Augustine, FL 32095 (904)826-3312 TAMPA SPORTS AUTHORITY Alt: Joseph Haugabrook Purchasing Director 4201 N. Dale Marby HWY. Tampa, FL 33607 (813) 673-4300 VOLUSIA COUNTY Alt: Kenneth Hayslette Purchase Director 123 W. Indiana Ave., 3rd Floor Deland, FL 32720-4608 (904) 736-5935 DEPARTMENT OF TRANSPORTATION Alt: Doug Smit Contractual Services 3400 West Commercial Blvd. Fort Lauderdale, FL 33309-3421 (954) 777-4477 CTFY OF OVIEDO Alt: Denise K. Schneider, 400 Alexandria Blvd. Oviedo, FL 32765 (407) 977-6058 REVISED OK WU 01- 869 MIAMI-DADE CCP4 TY • BID NC SSO-3/05-OTR-CW 2.22 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. 2.23 AVAILABILITY OF CONTRACT TO OTHER COUNTY DEPARTMENTS Although this Solicitation is specific to a County Department, it is hereby agreed and understood that any County department or agency may avail itself of this contract and purchase any and all items specified herein from the successful bidder(s) at the contract price(s) established herein. Under these circumstances, a separate purchase order shall be issued by the County, which identifies the requirements of the additional County department(s) or agency (ies). 2.24 CLEAN-UP All unusable materials and debris shall be removed from the premises. At completion, the successful bidder shall thoroughly clean up all areas where work has been involved as mutually agreed with the Department Project Manager. 2.25 COMPLIANCE WITH FEDERAL REGULATIONS DUE TO USE OF EEDERAL DOLLARS Since the goods, services, and/or equipment that will be acquired under this bid solicitation will be purchased, in part or in whole, with federal dollars, it is hereby agreed and understood that Section 60-250.4, Section 60-250.5 and Section 60-741.4 of Title 4 of the United States Code, which addresses Affirmative Action requirements for handicapped workers, is incorporated into this bid by reference. 2.26 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). oi- 861 45 REvuen01a4 o • MIAMI-DADE C_ ,NTY 2.27 COST ESTIMATES FOR EACH PROJECT BID Ni- • SO-3/05-0TR-CW The successful bidder(s) shall be required to submit a written estimate on each prospective project before a work order is issued. The estimate must reflect the regular hourly wages for each classification represented in this bid and the percentage discounts or mark-ups for materials and equipment that were quoted by the bidder on its Bid Pro- posal form. The estimate shall be itemized by the number of work hours per classification and by the cost of materials and equipment. Lump sum estimates shall not be accepted. The County reserves the right to award the project to the lowest bidder based on the written estimate or to reject all estimates based on price and obtain the required services from another source of supply. The actual charge to the County shall not exceed ten percent (10%) of the Bidder's estimate without the expressed prior approval from an authorized agent of the County. - 2.28 FURNISH AND INSTALL REQUIREMENTS These specifications describe the various functions and classes of work required as necessary for the completion of the project. Any technical omissions of functions or classes within the sections of these specifications shall not relieve the bidder from furnishing, installing or performing such work where required to the satisfactory completion of the project. 2.29 LABOR, MATERIALS. AND EQUIPMENT SHALL BE SUPPLIED BY THE BIDDER Unless otherwise provided in Section 3 of this Solicitation entitled "Technical Specificptions", the Bidder shall furnish all labor, material and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the County's Project Manager. 2.30 LEGAL REQUIREMENT FOR POLLUTION CONTROL It is the intent of these Specifications to comply with the Dade County Pollution Control Ordinance as stated in Chapter 24 of the Metro -Dade Code. This ordinance is made a part of these specifications by reference and may be obtained, if necessary, by the bidder through the Department of Environmental Resources Management (DERM), 33 SW 2nd Ave., Miami, Florida 33130, Telephone (305) 372-6789. 46 flEVISED 0324W 61- 869 MIAMI-DADE CO, rY 2.31 LICENSES. PERMITS AND FEES 2.32 2.33 • BID NO.- S0-3/05.OTR-CW The bidder shall obtain and pay for all licenses. (including a valid Occupational License issued by Miami -Dade County) permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations applicable to the work contemplated. herein. Damages, penalties and or fines imposed on the County or the bidder for failure to obtain required licenses, permits or fines shall be borne by the bidder. 114 Licenses may vary depending on trade the contractor is involved in (i.e. Towing and Recovery, Marine Contractor, Salvage Contractor and/or other related field.) 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. WORK ASSIGNMENTS IDENTIFIED BY THE COUNTY All work assignments during the contract period will be on an "as needed" basis, complying with notification requirements. Bidder shall assume no guarantees as to the number or frequency of work assignments or the amount of payments under the terms of this contract. Determination of material quantities and/or specifications for each assignment will be made by the County Department. The County department will notify the Bidder of each work assignment; at which time the Bidder and the County Department will mutually agree, in writing, of the beginning and ending dates of the work assignment. For each assignment, the Bidder shall be responsible for the proper and necessary use of the materials in performance of the work. 47 AEVISM OXa400 01-- 869 • • MIAMI-DADE CG .TY BID NO.._,50-3/05-OTR-CW SECTION 3.0 TECHNICAL SPECIFICATIONS REMOVAL AND DISPOSAL OF DERELICT VESSELS 3.1 GENERAL The work specified in this section consists of the removal and disposal of derelict vessels and debris. 3.2 DERELICT VESSELS AND DEBRIS A derelict vessel is: Any boat which has a current derelict vessel report in this office, and a vessel on which the Florida Marine Patrol has clearly painted derelict vessel numbers. - The debris or other objects on the shoreline which may be removed under this contract will be designated by the Project Manager at the time of removal. This may include, but not be limited to, objects such as boards, tires, pieces of vessels which cannot be designated as derelict vessels, litter. This is material not directly associated with clean-up or removal of the designated derelict vessel. 3.3 SITE INVESTIGATION The Contractor, agrees that he understands the nature and location of the work, the general and local conditions in Biscayne Bay or other County waters, including, but not restricted to, those bearing upon transportation, handling, access to the pick-up and disposal sites; and the character of equipment and facilities needed to perform the work. Failure on the part of the Contractor to completely or properly evaluate any factors of his costs prior to bidding shall not form a basis for - additional compensation if he is awarded the contract. 3.4 PANS There are no plans for this project, however copies of Florida Marine Patrol Derelict Vessel Reports will be made available to the successful Contractor by the user department(s). 3.5 SCOPE OF WORK 3.5.1 The Contractor shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, and regulations applicable to the work contemplated herein. Damages, penalties and/or fines imposed on the County or the Contractor for failure to obtain required 48 REVISED03/24 o 0.f.-- 869 MIAMI-DADE CG•,TY BID NC• %$0.3/03 -OTR -CW licenses, or permits. and abide by their provisions. shall be borne by the Contractor. The Contractor shall comply with all the requirements of the Federal Water Pollution Control Act. The Contractor shall be responsible for providing all supervision. labor, equipment, tools, fees (including disposal) and taxes required to complete this project to the satisfaction of the County. Thirty (30) days will be allowed for the removal of any derelict vessel after notification to proceed. The Contractor shall be responsible for making any and all arrangements for access to the vessel(s) to be removed. 3.5.2 Any vessel(s) which is to be removed and disposed of at the South Dade landfill (24000 SW 97th Avenue). other County approved landfill, or other DERM approved location, shall be removed from its present site in such a manner as not to damage the natural environment surrounding the vessel. All debris from the vessel shall be removed and the site left in a reasonable clean condition. No oil or fuel shall be permitted to be dumped or spilled into or unto the water or land. Disposal fees at County's approval landfill or other DERM approved locations shall be the responsibility of the vendor and shall not be an additional cost to the County. 3.5.3 Any vessel which is to be hauled and sunk at a specified reef site is required to comply with all Federal, State and County laws and ordinances pertaining to such operations. In addition, prior to removal and hauling of the vessel the Contractor must notify Mrs. Jo Anne Clingerman of DERM at (305) 372-6582 in order to make an on-site determination of vessel suitability for sinking. Should in the opinion of Dade County, the vessel be unsuitable for reef material, the Contractor shall dispose of vessel in County approved landfill site. The Contractor shall be responsible for establishing a marker buoy(s) on the reef site (as located by DERM) which will remain on station for the duration of the sinking of the vessels. Additionally, the Contractor will be responsible for sinking and seeing that the vessel sinks at the site designated, within 50 L.F. of the established marker buoy. The Contractor must notify the U. S. Coast Guard Marine Safety Office (Telephone (305) 536-5651 a minimum of 72 hours prior to sinking. 3.5.4 The following items must be accomplished prior to this office granting approval for the sinking of a vessel as an artificial reef. 01- 869 49 REVISEDOA&M 3.6 • MIAMI-DADE C.: ,NTY • BID NL _550.3/05 -OTR -CW A. All oil must be removed from tanks, pipes, bilges, etc.. to ensure that no pollutants enter the water (steam cleaning is preferred). B. All watertight doors/hatches/bottom tank covers, etc., must be removed or welded open. C. Any items that may float free when the vessel sinks must be removed from the vessel. D. All deck areas, bilge areas, engine spaces and cargo spaces should be broom swept. E. Sufficient ballast to maintain location of vessel on ocean bottom must be placed fn the vessel and shall consist of clean concrete. 3.5.5 The U. S. Coast Guard's inspection of a vessel does not remove liability for oil pollution or for a violation of the Ocean Dumping Act from the Contractor. 3.5.6 The Contractor shall adhere to U.S.C.G. Specifications and all U.S. Fish and Wildlife Service requirements regarding endangered species and specifically the West India Manatee. PROOF OF PROPER DISPOSAL AND '10TIFICATION TO MARINE PATR L 3.6.1 The Contractor must submit prior to receiving any payment: a receipt for each vessel and debris, including the date of disposal, disposal site, telephone number and title and signature of person at disposal site. 3.6.2 In addition to the above information, the Contractor must submit a picture of the vessel demonstrating its removal, and showing its DV Numbers to Mr. Jose C. Diaz of the Department of Environmental Resources Management, Suite 400, 33 SW 2"" Ave. Miami, FL 33130-1540. 3.6.3 The 'successful bidder shall notify and coordinate all work with Officer Frank De La Torre of the Florida Marine Patrol/Florida Fish & Wildlife Conservation Commission at (305) 956-2500. Craig Grossenbacher, Section Chief of Coastal Resources/DERM shall also be notified at (305) 372-6584. Notification shall be made before any work and prior to removal and during the disposal of each vessel. 50 aEVISEV 01124M 01- 869 MIAMI-DADE CO. i'Y BID NO. .50 -3/05 -OTR -CW 3.7 RESTORATION OF PROPERTY Property public or private if damaged during construction or removed for the convenience of the work, shall be repaired or replaced at the expense of the Contractor in a manner acceptable: to the Project Manager, prior to the final acceptance of the work. Such facilities shall include, but are not limited to: walls, fences, boating ramps (either concrete or asphalt) sod, and walkways. 3.8 Pre -Qualification 1) Bidder must have an established business which is regularly engaged in the business of performing the service as described in this bid invitation. 2) Bidder must have a local office and posses a current occupational license. 3) Local office must have. a fax machine in order to respond to request for bid quotations. 51 A , EnoMayq �� aU • MIAMI-DADE COUNTY • CONTRACT NO. 2550 -3/05 -OTR -SW ITEM: DEPARTMENT: TYPE OF PURCHASE: REASON: RECOMMENDATION: Derelict Removal Service Conferences, Conventions and Public Facilities `I The Department of Conferences, Conventions and Public Facilities has a need for derelict vessel removal services within the City of Miami waterways. It is recommended that award be made to Dock and Marine Construction, Inc. and Blue Water Marine Services, Inc., for the procurement of derelict vessel removal services within the City of Miami waterways, under existing Miami -Dade County Contract No. 2550 -3/05 -OTR -SW, effective through August 31, 2002, subject to any extensions thereto by Miami -Dade County, for the Department of Conferences, Conventions and Public Facilities, in an amount not to exceed $68,000; allocating funds therefore from Account Code No. 1 1021.3501 18.340. Q" �' 4 ( _- ", - ud S. a e D ctor of Purchasing Dat1?/11 i Award Under Dade County Conuacts �� _ 869