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HomeMy WebLinkAboutInvitation to Bidi BID NO.: 6827-0/11 OPENING: 2:00 P.M. WEDNESDAY March 29, 2006 MIAMI-DADE COUNTY, FLORIDA INVITATION TO BID TITLE: PRE -QUALIFICATION OF BIDDERS TO FURNISH AND/OR DELIVER READY MIXED CONCRETE FOR A PERIOD OF FIVE (5) YEARS THE FOLLOWING ARE REOUIREMENTS OF THIS BID, AS NOTED BELOW: EQUIPMENT LIST: INDEMNIFICATION/INSURANCE: MEASURES - USER ACCESS PROGRAM• See section 2.0, paragraph 2.6 (2,6.5) See section 2.0, paragraph 2.1 See section 2.0, paragraph 2.2 See section 2.0, paragraph 2.21 FOR INFORMATION CONTACT: Laura Gonzalez at 305-375-3904, or at lagonz@miamidade.gov MIAMI-DADE COUNTY DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS UNIT FAILURE TO COMPLETE THE CERTIFICATION REGARDING LOCAL PREFERENCE ON PAGE 20 OF SECTION 4, BID SUBMITTAL FORM SHALL RENDER THE VENDOR INELIGIBLE FOR LOCAL PREFERENCE FAILURE TO SIGN PAGE 20 OF SECTION 4, BID SUBMITTAL FORM WILL RENDER THE BID NON -RESPONSIVE MIAMI-DADE COUNTY, FLORIDA INVITATION TO BID Bid Number: 6827-0/11 Title: READY MIXED CONCRETE Sr. Procurement Contracting Agent: Laura Gonzalez Bids will be accepted until 2:00 p.m. on March 29, 2006 Bids will be publicly opened. 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 all communication available to the public, including those who may be visually or hearing impaired. If you require information in a non-traditional format please call 305-375-5278. Instructions: Each Bid submitted to the Department of Procurement Management shall have the following information clearly marked on the face of the envelope: the Bidders name, return address, Bid number, opening date of the Bid and the title of the Bid. Included in the envelope shall be an original and three copies of the Bid Submittal, plus attachments if applicable. Failure to comply with this requirement may result in the Bid not being considered for award. All Bids must be submitted in a sealed envelope or container and will be opened promptly at the time indicated in this solicitation document. Any Bid received after the first Bid has been opened will be returned to the Bidder unopened. The County does not accept responsibility for delays, natural or otherwise. NOTICE TO ALL BIDDERS: FAILURE TO SIGN THE BID SUBMITTAL FORM WILL RENDER THE BID NON -RESPONSIVE. THE BID SUBMITTAL FORM CONTAINS IMPORTANT CERTIFICATIONS THAT REQUIRE REVIEW AND COMPLETION BY ANY VENDOR RESPONDING TO THIS SOLICITATION ' MIAMI-DADE COUNTY BID NO.: 6827-0/11 SECTION I GENERAL TERMS AND CONDITIONS 1.1. DEFiNITIONS B1d - shall refer to airy offers) subntitled in response to this solicitation. Bidder shall refer to anyone submitting a Bid in response to this solicitation. Illd Solicitation - shall mean this solicitation documentation, including any and all addenda. Bid Submittal Form - defines the requirement of items to be purchased, and must be completed and submitted with Bid. The Bidder should indicate its name in the appropriate space on each page. County - shall refer to Miami -bade County, Florida DPM - shall refer to Miami -Dade County's Department of Procurement Management, Bids and Contracts Division. FrroBcd Vendor - EFFECTIVE JULY 8, 2002, shall refer 10 a firm that has completed the neoeasery documentation in order to receive Bid notifications from the County, but has not yet mineral Registered Vendor - shall refer to a firm that has completed the Miami - Dade County Business Entity Registration Application and has satisfied all requirements to enter in to business agreements with the County. For additional Information about on -lire vendor enrollment or vendor registration contact the Vendor Ambiance Unit at 121 N.W. 1" Street, 13° Floor, Miami, FL 3312S, Phone 30S-375-5773. EFFECTIVE JULY 1, 2002, vendors will be able to enroll and register anllne by visiting our web she at httneemlamldadt.euv and dick on "Business". 1.2. 1NSTRUCP1oN& TO BIDDERS A. Bidder Qualification It is the policy of the County to encourage full and open competition among all available qualified vendors All vendors regularly engaged in the type of work specified in the Bid Solicitation are encouraged to submit Aids. Vendore cosy enroll with the County to be included on ■ mailing list for selected categories of goods and services. To be eligible for award of a contract (including small purchase orders), Bidders must complete a "Miami -Bade County Bueincss Entity Registration Application". Only Registered Vendors can be awarded County contracts. Vendors are encouraged to register with the County anytime by contacting the Veodor Information Center at 305-375-5287. The County endeavors to obtain the participation of all qualified minority and disadvantaged business enterprises. For information and to apply for certification, contact the Department of Business Development, as 11 ! N.W. 1 Street, 19° Floor, Miami, FL 33128-1844, or telephone at 305- 375-3111. County employees wishing to do business with the County are referred to Section 2-11.1(d) of the Miami -Dade County Code. B. Vendor Registration To be recommended for award the County requires that vendors complete a Miami -Dade County Business Entity Registration Application with all required disclosure affidavits. The Miami -Dade County Business Entity Registration Application must be returned to the Department of 1'rot n-entent Management (DPM), Bids and Contracts Division within Fourteen (14) days of notiflcalion of the intent 10 recommend for awardIn the event the Miami -Dade County Business Entity Registration Application is not properly completed and returned within the specified lime, the County may award to neat lowest nape/naive Bidder, The Bidder is responsible for obtaining the Miami - Dade County Business Entity Registration Application and al! affidavits by downloading from DPM's wobsite at pna:ermiamidade.eov and click on "Business' or from the Vendor Assistance Unit at 111 N.W. I" Street, Miami, FL In becoming a Registered Vendor with Miami -Dade County, the vendor conform ite Iwawledge of and commitment to comply with the following: 1. Disclosure of Employment - pmahant to Section 2-9.1(d) of the County Code. 2. Disclosure of Ownership Affidavit - pursuant to Section 2-8.1(d) of the County Code. 3. Drug -Free Affidavit - pursuant to Section 2-8.1.2(b) affix County Code. -I- 4. W-9 and 8109 Form - The vendor must furnish these forms as required by the Internal Revenue Service. 5. Social Security Number - The vendor must provide a copy of the prinwry owner's social security card if the social security number is being used in lieu of the Federal Identification Number 6. Americans with Disabilities Act (A.D.A-) Affidavit - it is the policy of the County to comply with all requirements of County Reaolutian R182.00 and theA.D.A 7. Collection of Fees, Taxes and Parking Tickets Affidavit - pursuant to Section 2-8.! (c) of the County Codo. g. Conflict of Interest and Code of Ethics pursued to Sections 2- 8.1(i) and 2-11.104 (1) through (6) and (9) of the County Code and County Ordinance No. 00-1 amending Section 2-11.1(c) of the County Code. 9, Code of Business Ethics - pursuant to Section 2-8.1(i) of the County Code. 10. Debarment Discloa re Affidavit--purwant to County Code 10-38. 11. Office of the Inspector General Pursuant to Section 2-1076 of the County Code. 12. Minority and Disadvantaged Business Enterprises. The County endeavor, to obtain the participation of all minority and disadvantaged business enterprises pursuant 10 Sections 2-8.2, 2- 8.2.3 and 2-8.2.4 of the County Code and Title 49 of the Code of Federal Regulations. 13. Individuate and Entities Doing Business with the County not current in their obligations to the County - pursuant to Sections 2- 8.1 (h) and 2-11.1(bx8) of the County Code. 14. Nondiscrimination pursuant to Suticn 2.8. i.5 of the County Code. 1S. Family Leave - Pursuant to Section f) A-30 of the County Coda. 16. Living Wage - Fursuan to Section 2-8.9 of the County Code. 17- Domestic Leave - Pursuant to Section I 1 A-60 of the County Code, 18, Antitrust Laws - By acceplanoe of any contract, the vendor agrees to comply with all antitrust laws oldie United States and the State of Florida. C. PUBLIC ENTITY CRIMES To he eligible for award of a coat<act, Bone wishing to do business with the County must comply with the following: Pursuant to Section 287,133(2)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Did on a contact to provide any goods er services toe public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on lessee of real property to a public entity. may not be awarded or perform work as a contractor, supplier, subcontractor, or couauttant under a contract with any public entity, and may not transact business with any public entity in excess of the threalmld amount provided in Section 2137.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months front the date of being placed on the convicted vendor list. D. Request for Additional Infonoattiott I. Pursuant to Section 2-1 1.1(t) of the County Code, an Bid Solieilaiione, once advertised and until an award recommendation has been forwarded to the appropriate authority are under the "Cone of Silence". Any communioalion or inquiries, except for clarification of process or procedure already contained in the solicitation, are 1n be made in writing to the attention of the Procurement Agent identified on the front page of the solicitation. Such inquiries or request for infermelion shall be submitted to the procurement agent in writing and shall contain the requeater's name, addeese, and telephone number. If tranrmilted by facsimile, the request should also include a Dover shed with Bidder's facsimile number. The requester must also file a Dopy of this written request with lbc Clerk of the Board, 111 NW i" Street, 17s Floor, suite 202, Miami, Florida 33128-1983 or email cler4bcctr'llmiamidade.uov. 2. The Department of Procurement Management may issue an addendum in response to any inquiry received, prior to Bid opening, which changes, adds to or clarifies the tams, provisions Revised 9/30/05 MiAMI-DADE COUNTY BID NO.: 6827-0/11 SECTION L GENERAL, TERMS AND CONDITIQNrS or requirements of the solicitation The Bidder should not rely on any representation, etaiement or explanation whether written or verbal, other than those made in this Bid Solicitation document or in any addends issued Where that appears 10 be a conflict between this Bid Solicitation and any addends, the last addendum issued shall prevail. 3. It is the Bidder's responsibility to ensure receipt of all addenda, and any accompanying doctmtematien, The Bidder is required to submit with its Bid a signed "Acknowledgment of Addenda" form, when any addenda have been issued. E Contents of Bid SoYeltedlon and Bldderw' Responrlbilitiea 1. 11 is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms end conditions of this 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 requirmnenta of the County, or the compensation to be paid to the Bidder. 2. This solicitation is subject to all legit requirements contained in the applicable County Ordinances, Administrative Orders, and Reaohrtions, as well as all applicable State and Federal Statutes. Where conflict exists between this Bid Solicitation and these legal requirements, the authority shell prevail in the following order. Federal, State and local, 3. It is the responsibility of the Hidciet/Ropoacr, prier to conducting any lobbying geperdjar this toliciladioo to file the appropriate form with the Clerk of the Board entente Alai a pardndar lobbyist b authorized to rearraent the Bidder/Proposer. The Bidder/Proposer shall also file a form with the Clerk of the Board et the point in time at which a lobbyist is no longer authorized to represent said Bidder/ Proposer. Failure of a Bidder/Proposer to fide the appropriate form required, in relation to each solicitation, may be considered as evidence that the Bidder/Proposer is not a responsible contractor. F. Change or Withdrawal or Bide 1. Changes to Bid - Prior to the scheduled Bid opening a Bidder may change its Bid by submitting a new Bid, (era indicated as the cover page) with a letter in writing on the fame letterhead, signed by an authorized agent stating that the new submittal replaces the original submittal. The new submittal than contain the letter and all infatuation as required for submitting the original Bid. No changes to a Hid will be accepted after the Bid has been opened. 2 Withdrawal of Bid — A Bid shall be irrevocable unless the Bid is withdrawn as provided herein. Only written a letter received by the i)PM Bids and Contracts Division prior to the Bid opening date may withdraw a bid A bid may also be withdrawn ninety (90) days after the Bid has been opened and prior to award, by submitting a letter to the contact pawn identified on the front Covet of tldr Bid Solicitation The withdrawal letter mud be on company letterhead and signed by an authorized agent of the Bidder. G. Conflict* Within The Bld Sotidtation Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Tethaical Specifications, the Bid Submittal Section, or any addendum issued, the order of precedence shall be: the last addendum issued, the Bid Submittal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. H. 1. Prompt Payment Terns 1t is the policy of Miami -Dade County that payment for all purchases by County agencies and the Public Health Trust shall be made in a timely manner and that interest payments be made an late payments. In accordance with Florida Statutes, Section 218.74 and Section 2.8.1.4 of the Miami -Dade County Code, the time et which payment shall be due from the County or the Public Health Trust shell be forty.five (43) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall if he thirty (30) days from receipt of a proper invoice. All payments due from the County or the Public Health Trust, and not made within the time specified by this section, shall bear entered from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance. Further, proceedings to resolve disputes for payment of obligations shell be conchided by final written decision of the County Manager, or hie or her deaigoce(s), not later than sixty (60) days after the date on which the proper invoice was received by the County or the Public Heahh Trust. 2. The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt paymmul terms in the space provided on the Bid submitted signature page of the solicitation. 1.3. PREPARATION OF BIDS A. The Bid submittal form defines requirements of items to be purchased, and must be completed and subnrdled with the Bid Use *rimy other form wilt mutt in the rejection of the Bidder's offer. B. The Bid submittal form must be legible. Bidders shell use typewriter, computer or ink. All changes muse be crossed out and initialed in ink. Failure to comply with these requirements may cause the Bid 10 be rejected. C. An authorized again of the Bidder's firm must sign the Bid submittal form. pAILURg TO Sighl TtjE BID SUBMITTAL FORM SHALL RENDER THE BID PiON-RESPONSIVE. D. The Bidder tray be considered non -responsive if bide are conditioned to modifications, changes, or revisions to the terms and condilicae of this solicitation. E. The Bidder may submit alternate Bid(t) for the sauna solicitation provided that such offer is allowable under the terms and conditions. The *Ramie Did must meet or exceed the minimum requirements and be submitted on a separate Bid submittal marked "Aha-nate Bid". F. When there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. ).4. CANCELLATION OF Bit) SOLICITATION Miami -Dade County retinues the right to cancel, art whole or in part, any lovilation to Bid when it is in the best interest of the County. 1.5. AWARD OF BID SOLICITATION A. This Did may be awarded to the responsible Bidder meeting all requirements as set forth in the solicitation. The County reserves the rigid to reject any and all Bids, 10 waive irregularities or technnpdilia and to re -advertise for all or any pars of this Bid Solicitation as deemed in its but interest. The County shall be the sole judge of its beat interest. B. When there aro multiple line items in a solicitation, the County reserves the right to award on an individual item basis, any combination of items, total low Bid or in whichever manner deemed in the best interest of rho County. C. The County reserves the right to reject any and all Bids if it is determined that prices ere excessive, best offers are determined to be unreasonable, or it is otherwise determined to be in the Camay's best interest to do so. D. The County reserves the tight to negotiate prices with the Low bidder. provided that the scope of work of this solicitation remains the same. E. Award of this Bid Solicitation will only be made to firms dud have completed the Miami -Dade County Business Entity Registration Application and that satisfy all necessary legal requirements to do business with Miami -Aida County. Firms domiciled in Miami - Dade County must present a copy of their Miami -Dade Canty issued Occupational License. F. Pursuant to County Code Section 2-8.1(g), the Bidder's performance as a prime contender or subcontractor on previous County contracts shall be taken into eeoouat in evaluating the Hid received for this Bid Solicitation. G. To obtain a copy of the Bid tabulation, Bidders) shall enclose an Revised 9/30/05 ' MIAMI-DADE COUNTY BID NO.: 6827-0/11 SECTION 1 GENERAL TERMS AND CONDITIONS appropriately sued self-addressed damped envelope. Bid remits will not be given by telephone or facsimile. Please allow tan (10) slender days ells Bid opening for mailing, Ile The !lid Solicitation. any addenda and/or prepaly executed modifications, the pushes. order, and any change Or data) &bell condemne the contract. 1. !n accordance with Resolution R-137488 the Director ofBids and Contracts Division will decide all tie Bids. 3, Award of this Bid may be predicated on compliance with and aubmatlel of all required documents as stipulated in the Bid Solicitation. 1.6, CONTRACT EXTENSION A. The County reserves the right to exercise its option to extend a marmot (Cr up to one hundred -eighty (180) calendar days beyond the current contract period and will notify the contractor in writing oftheemission. B Thie contract may be (Wended beyond tlno initial we hundred. eighty (180) day o da: sine period upon mutual agreement between the County and the succcuful Bidda(s) upon approval by the Bend of County Commissioswrs, 1.7. WARRANTY Ail warranties, express and implied, shall be made available to the County for goods and services covered by Ibis Bid Solicitation. All goods tl nth1Ied shall be filly guaramaad by the aueoeudil Bidder against Steamy defects and workmanehip. Mae expense to the Courtly, the rucooseful Bidder shall cornea any and all apparent and latent defect' that may ooau within the menafiuxiuer'a standard warranty. Tim Special Conditions of the Bid 8alleitatlen may supersede the mamrfactirer's standard warranty. 1.8, ESTIMATED QUANTITIES Wasted (manikin or defiers are for Bidder's guidance only: (a) est: xles are based no the County's snlicipeted needs and/or usage denim; a previous contract period and; (b) the County may use these estimates to determine the low Bidder. Enimsted quantities do not contemplate or include possible additional quantities that spay be ordered by other government, quasi -government or non-profit entities utilizing this contract under the Joint Purcfsse portion of the County User Access Program (CAP) described in Section 2.21 of this ooutra41 solicitation and the mantling contract, if that section ie present in file solicitation document No guaraotae Is expressed or Implies as 10 quaotWea of dollen that will be need during the contract period. The County it not obligated to place my order for the given amount subsequent to the award of OM; Bid Solicitation. 1.9. NON -EXCLUSIVITY h is the intent of tho County to eels into an agreement with the encceaatul Bidder diet will oaWsfy its needs as describe herein. However, the County reserves the right as deemed in its beet interest to perform, or cause to be performed, the work and sravioes, or any portion thereof, herein described in say manna it sea fit, including but nd limited to: award of other 000hada, use of say contractor, or perform the work with its own employees_ 1.10. LOCAL PREFERENCE The evaluation of competitive bids is subjen to Section 2.5.5 of the Miami -Dads County Code, which, except when contrary to federal and spat lawk err any other funding septa requirements. provides that preflesnce be given to local businesinie A local business abate Ire defined as: 1. a bulbous that bee a valid oocupatlonal license, !awed by Miami -Dade County al legal cow year prior to bid or proposal mbmiuion, that le appropriate for the goods, services or construction to be purchased; 2. a lualneu that has physical Nelms; address located within the limits of Miami -Dade County from which the vendor 1I1 operates « perform liminess. Post Office Boxes are not verifiable and shall not be used for the morose of drabliahleg said physical address: and 3. a business that contributes to the economic development and well-being of Miami -Dade County in a verifiable and meeauable way. This may In.lude but not be limited to the retention sod expansion of employment opportunities and the support and increase in the Comity's tax blue. To satisfy this requirement, the vendor shall affirm in writing its ootupiiance with either of the fallowing objective criteria as of the bid or propose! subrniadoa date stated in the soIioitslion: (a) vender has at least ten (10) permanent flsf time employees, oe part time employees equivalent to 10 1r1E ("1411•6ine equivalent" employees working 40 hours per week) tact live in Miami -Dade County, or u least 23% of its employees list live in Miami - Dade County, or (b) vendor contributes to the County's tax base by paying either real property taxes w tangible personal property taxes to Miami -Dade Cou04y, or some other verifiable sad measurable cordributiwn to the economic development and well-bains of Milani - Dade County. When there u a responsive bid from s Miami -Dade local bueinas within 10% of the lowest price submitted by a responsive non -local business, the local business and the non -local low bidder shall have the opportunity to submit a best and fusel bid equal to « lower tban the amount of the low bid previously submitted by the nos -!seal buaimts, (c) Al this time, there ism in terlocal agreement in effect between Miami - Dade and Durward Commies until September 2006. Therefore, a vendor which meets the requirements of (1) and (2) above for Broward County shall be considered a local business purntut to this Section. 1.11. CONTINUATION OF WORK Any wok that commences prior to mod will extend beyond the expiration date of the current contract period shell, unless terminated by annual written agreement between the County and the euccesefltt Bidder, combs until oompletien at the mina prices, lama and conditions. 1.12. BID PROTEST A. A recommcadaiion for contract award or rejedion of award may be protected by a Bidder in a000rdenee with the procedures contained in Sections 24.3 and 2-8.4 of the County Code, u amended, and as established in Administrative Cater No.3.21. 11. To initiate A Bid pratnt, the polder shall present to the Clerk of the Bond a non-refundable fling fee, payable to the Clerk of the Beard, in accordance with the schedule provided below: $25,0004100,000 5300 $100,001-$500,000 31,000 $500,001-33 nnslllion $3,000 Over S5 million 33,000 In the event a Bidder wishes to priest any part of the General Conditions, Special Conditiow ardlor Technical Specifications contained in the Bid Solicitation 11 must file a notice of protest in writing with the issuing deportment no later than 48 hours prior to the Bid opening date and hoar specified in the solicitation. Fsibera to file a timely notice of protest will constitute a waiver of peaocodinga. C. Nor sward recommendations greater than 3100,000 the following .hall apply: When a !ewer of intent to award a Bid Solicitation has been communicated (mail, fixed or entailed) to rash competing Bidder Revised 9/30/05 MIAMI-DADE COUNTY BID NO.: 6827-0/11 SECTION 1 GENERAL TERMS AND CONDITIONS and filet/ with the Clerk of the Bowl, s Bidder wishing to protest said award recommendation shall file a protest with the clerk of the Board within len (10) waking days of the date of award recommendation letter. Within two (2) days of that filing, the protester shall provide the County Attorney and each Bidder with * copy of each document that was filed with the phmast_ Failure to timely file the written preen shell constitute a waiver of the right to protest the award recommendation. D. For award recommendations from 525,000 to $100,000 the following shall apply' Each Monday, in the lobby of the Stephen P. Clark Center, located at 111 N.W. 1' Street, sward recommendations are posted. Participants msy also call the Awards line al 305.375- 4724, or 800-510-4724, or the contact person as identified on the cover page of the Bid Solicitation Any Bidder wishing to protest such recommendations shall file a protest with the Clerk of the Board within five (5) working days of the posting and submit a SSD° non-refbndable filing fee. 1.13. RULES, REGULATIONS AND LICENSES The successful Bidder shall comply with all laws and regulations applicable to provide the goods andlor services specified in this Bid Solicitation. The Bidder shall be familiar with all federal, stale and local law* that may in affect the goods andlor services offered 1.14. PACKAGING Urdesa otherwise specified in the Special Conditions or Technical Specifications, all containers shall be suitable for shipment andlor Menge and comply with Resolution No. 738-92. 1.1S. SUBCONTRACTING Uulees otherwise needled is this Bid Solicitation, the successful Bidder shall not rubcartracl any portion of the work without the prior written comae of the County. The ability to subcouramg may be further limited by the Special Conditions. Subcontracting without the prior consent of the County may result in termination of the wankel for default. When Subcontracting is allowed the Bidder shall comply with Couoly Resohtioo No. 1634-93, Section 10-34 of the County Code and County Ordinance No. 97-35. 1.16. ASSIGNMENT The successful Bidder shall not assign, transfer, hypothecate, or otherwise dispose of this contract, including any rigbu,til!e or interest therein, or its power to execute such contract to any person, company or corporation without the prior written consent of the County. 1.37. DELIVERY Unless otherwise spooned in the Bid Solicitation, prices quoted than be F.O.B. Destination. Freight shall be included in the proposed price. 1.18. RESPONSIBILITY AS EMPLOYER The employees) of the successful Bidder shall be considered 10 be at all limos its employee(s), and not an employee(s) or agent(*) of the County or any of its departments. The sucoeasfid Bidder shall provide competent end physically employees) capable of performing the work as required The Courtly may require the successful Bidder to remove wry employee it deems unacceptable. All employees of the auccesaibi Bidder shall wear proper identi1catioo. 1.19. INDEMNIFICATION The successful Bidder ahall indemnify and bold harmless the County and its officers, employees. agents and instnmenlalites 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 ass result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to Of 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 TV connection therewith and shall investigate and defend ail claims, suite Of anions of any kind or nature in die name of the County, where applicable, including appellate proceedings, and shall pay all posts, judgmeus, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees thee any insurance protection required by this Agreement or atherwisa provided by the successful Bidder *hail in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agent* and instrumentalities as herein provided. 1.211. COLLUSION Where two (2) or more related parties, as defined herein, each submit a Bid for any contract, such Bids shall be presumed to be eolhuaive. The foregoing presumption may be rebutted by the presentation of evidence as to the extent of ownership, control and management of such related parties in preparation and eubminal of such Bids. Related parties shall moan Bidder or the principals thereof which have a direct or indirect ownership interest in another Bidder for the same noun tel or in which a parent Company or the principals thereof of one (l) Bidder have a direct or indirect ownership interest in another Bidder for the same eootract. Nathanson, any prior undastandiog, agreeenerd, or connection between two or mom corporations, forms, or persona submitting a bid for the same materials, supplies, services. or equipment shall also be presumed to be collusive. Bids found to be collusive shall be rejected Bidders who have been found to have engaged in collusion may be considered non-respoutible, and may be suapanded or debarred, and only contract resulting from collusive Bidding may be terminated for defauh. 1.21. MODIFICATION OF CONTRACT The contract may be modified by mutual consent, in writing through the issuance of a modifleatioa to the contract, purchase order, change order or award sheet, as appropriate. 1.22. TERMINATION FOR CONVENIENCE The County, at its sole discretion, reserves the right to terminate this contract within cause upon thirty (30) days written notice. Upon receipt of such notice, the successful Bidder shall not incur any additional coats under this contntt The County aball be liable poly for reasonable costs incurred by the successful Bidder prior to notice of termination_ The County shall be the sole judge of "reasonable coats." 1.23. TERMINATION FOR DEFAULT The County reserves the right to terminate this contract, in part or in whole. or place the vendor on probation in the event the successful Bidder fails to perform in accordance with the terms and conditions staled herein. The County timber reserves the right to suspend or debar the succeazSsl Bidder in accordance with the appropriate County ordinances, resolutions and/or administrative orders. The vendor will be notified by later of the Cowdy's heart to tonninete. In the event of termination for default, the County may procure the required goods and/or services from any source and use any method deemed En. its best ir4ere4 All re-pronuemere cost shell be borne by the successful Bidder. 1.24. FRAUD AND MISREPRESENTATION Pursuant to Section 2-8,1.4 of the Miami -Dade county Code, any individual, corporation or other entity that attempts 10 meal i1a contractual obligations with the County through fraud, misrepresentation or malarial miaslatemart, maybe debarred for up to five (5) years. The County as a further sanction may Intuitive a cancel any other mrontracls with etch individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect costa associated with lernaination or cancellation, including attorney's fens. 1.25. ACCESS TO RECORDS The County reserves the right to require the Contractor to submit to an audit by Audit and Management Services or other auditor of the Couty's cboosiog at the Contractor's expense. The Contractor shall provide acoe*a to all of its records, whioh rotate directly or indirectly to this Agreement at its place of business during regular business hours. Revised 9/30/05 MIAMI-DADE COUNTY BID NO.: 6827-0/11 SECTION 1 GENERAL TERMS AND CONDITIONS The Cottrnctor abaft retain all records pertaining to this Agreement and upon request make them available to the County for three years following expiation of the Agreement. The Contractor agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 1.26 OFFICE OF THE INSPECTOR GENERAL Miami -Dade Comity has established the Ofice of the Inspector General, which is authorized and empowered to review past, present, and proposed County and Public Health Truitt programs, contracts, transactions, accounts, records and programs. The Inspector General (IG) has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects nod programs. The Inspector General may, on a random bans, perform audits on all County contracts. The cost of random audd& shall be incorporated into the manta price of all commons and shall be one quarter (1/4) of one (1) percent of the contract prim. except as otherwise provided in Section 2- 1076(cX8) of the County Code. 2.27 PRE -AWARD INSPECTION The County may conduct 1 pre -award inspection oftbe bidder's site or hold a pre -award quafifimtion hearing to determine if the bidder is capable of performing the requirements of this bid solicitation 1.28 PROPRIETARY/CONFIDENTIAL INFORMATION Bidders are hereby notified that all information submitted as part ot; or in support of bid submittals will be available for public inspection after opening of bids in compliance with Chapter 119 of the Florida Statutes; popularly know as the 'Public Record Law" The bidder shall not submit any information in response to this invitation, which the bidder considers to be a trade secret, proprietary or confidential. The submission of any information to the County in connection with this invitation shall be deemed conchtoiveiy to be a waiver of any trade secret or other protection, which would otherwise be available to the bidder. In the event that the bidder submits information to the County in violation of this restriction, either inadvertently or intentionally, and clearly identifies that information in the bid as protected or confidential, the Coundy shall endeavor to redact and return that information to the bidder as quickly as possible, and if appropriate, evetuata the balance of the bid. The redaction or return of information pursuant to this clause nay render a bid nonresponsive. 129. RE,ALTR INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) Any person or entity that performs cc aasisla Miami -Dade County with e !Unction or activity involving the use or discicsure of "individually identifiable health information (11111) and/or Protected Health Information (PI1J) shall comply with the Health Iaeuranoe Portability and Accountability Act (HIPAA) of 1996 and the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates for privacy, security and electronic transfer standards, that include but are not limited to: 1. 1Jee of informariou only for performing services required by the centrals or as required by law; 2. Use of appropriate safeguards to prevent non -permitted disclosures; 3. Reporting to Miami -Dade County of any non -permitted use or dieolostae; 4. Asuuranoes that any agents and subcontractors agree to the MBE restrictions and conditions that apply to the Bidder/Proposer and reasonable' assurances that III-II/PH] will be held confidential; 5. Making Protected Heath Information (PHI) available to the customer; 6. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; 7. Making PHI available to Miami -Dade County for an accounting of disclosures, and S. Making internal practices, books and records related to F1ii available to Miami -Dade County for compliance audits. PHI shall maintain its protected status regardless of the form and method of tranemisuon (paper records, o nd/o electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, is description of the types of uses and disclosures that would be made with protected health information. 1.30. CHARTER COUNTY TRANSIT SYSTEM SALES SURTAX When proceeds from the Charter County Transit System Sales Surtax levied pursuant to Section 29.121 of the Code of Miami -Dade Courtly are used to pay for all or some part of the coot of this contract, no award of a Hladkel Purchase Order (BPO) for Transit/Public Works as part of a multi -department contract, nor an award of a contract eolely for the use of Transit/Public Works shall be effective and thereby give rise to a contractual relationship with the County for Transst/Public Works purchases unless and until both die following have occurred: 1) the County Commimion awards the contract, and such award becomes final (either by expiration of 10 days alter such award without veto by the Mayor, or by Commission override of a veto); and, 2) either, i) the Citizens' Independent Transponalioo Test (CITY) has approved inclusion of Transil/Public Works in this contract, or, ii) in response to the CfITs disapproval, the County Commission reaffirms Transit/Public Wash's inclusion in the contract by two-thirds (2/3) vote of the Commission's membership and such reaffirmation becomes final. 131 LOBBYIST CONTINGENCY FEES A) in accordance with Section 2.11.1fs1 of the Code of Miami -Dade County. after May, 16, 2003, no person may, in whole or in pan, pay, give or egret to pay or given contingency fee to another person. No person may, in whole or in part, receive or agree to receive a contingency fee. B) A contingency fee is a fee, bonus, commission or non -monetary benefit as compensation which is depondard oa or in any way contingent upon the passage. defeat, or modification of 1) any ordinance, resolution, action or decision of the County Commission; 2) any action, decision or recommendation of the County Manager or any County board or committee; or 3) any action, decision oe reoornmendation of any County penannei dining the Gore period of the entire decision - making process regarding such action, decision or recommendation which forsecably will be heard or reviewed by the County Commission or a County board or committee. 1.32 COMMISSION AUDITOR — ACCESS TO RECORDS Pursuant to Ordinance No. 03-2, all vendors receiving an award of the centred resulting from this solicitation will grant access to the Commission Auditor to all financial and performance rolated records, property, and equipment purchased in whole or in part with government funds. Revised 9/30/05 MIAMI-DADE COUNTY BID NO.; 6827-0/11 SECTION 2 SPECIAL CONDITIONS 2.1 PURPOSE: TO PRE-OUALIFY BIDDERS The purpose of this Solicitation 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 that meet or exceed the criteria -established in the solicitation shall be placed on a Pre -Qualification List that may be accessed by County departments in order to obtain price quotations for Ready Mixed Concrete & Concrete Pumping Services. 2.2 SMALL BUSINESS CONTRACT MEASURES FOR SOLICITATIONS GREATER THAN $50,000 (Bid Preference) A Small Business Enterprise (SBE) bid preference applies to this solicitation. A 10% percent bid preference shall apply to contracts $1 million or less and 5% percent on contracts greater than $1 million. A SBE/Micro Business Enterprise must be certified by the Department of Business Development (DBD) for the type of goods and/or services the Enterprise provides in accordance with the applicable Commodity Code(s) for this solicitation. For certification information, contact the Department of Business Development at 305-375-3111 or access www.miamidade.gov/dbd. The SBE/Micro Business Enterprise must be certified by bid submission deadline, at contract award and for the duration of the contract to remain eligible for the preference. - 2.3 ----PRE-BID CONFERENCE Intentionally Omitted 2.4 TERM OF CONTRACT: SIXTY (60) MONTHS This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, or designee, unless otherwise stipulated in the Notice of Award Letter which is distributed by the County's Department of Procurement Management, and contingent upon the completion and submittal of all required bid documents. The contract shall expire on the last day of the 60th month period. 2.5 OPTION TO RENEW Intentionally Omitted -1- Revised 9/30/05 MIAMI-DADE COUNTY BID NO.: 6827-0/11 SECTION 2 SPECIAL CONDITIONS 2.6 METHOD OF AWARD USING PRE -QUALIFICATION AND SUBSEQUENT SPOT MARKET PROCEDURES Award of this contract will be made to all responsive, responsible bidders who meet the minimum qualifications set forth in this solicitation. Those qualifications are as follows: 2.6.1 Bidders must provide proof they have been engaged in the concrete business for a minimum of 1 year, within the last 3 years. 2.6.2 Bidders must have a dedicated phone and fax line to receive request for quotations. 2.6.3 Bidders office must be staffed with a qualified person to answer phone and respond to fax request. 2.6.4 Bidder office and plant should be Located in the South Florida area in at least one of the following counties: which includes, Miami Dade, Broward, Monroe, Palm Beach or Collier. 2.6.5 Bidder shall provide a list of all trucks, pumps and equipment they have available in their company to provide the services required under this contract. These bidders shall then be deemed to be pre -qualified to participate in subsequent spot market purchases as required by the County on an as -needed basis. When such spot market purchases are initiated, the pre -qualified vendors shall be invited to offer a fixed price quotes for a specific purchase, or a specific purchasing period. The vendor --Offering the -lowest fixed price shall be awarded for the specific period or specific purchase. The award to one vendor does not preclude the remaining pre -qualified vendors from submitting spot market offers for other purchases. It shall be the sole prerogative of the County as to the number of vendors who will be initially included under this contract. During the term of this contract, the County reserves the right to add or remove vendors as it deems necessary in its best interests. If the County elects to add vendors, the vendors must meet the same minimum qualifications established in the original solicitation. Spot market pricing procedures may be initiated by either the using County department or by The Department of Procurement Management. The quotation procedures specific to this contract are as follows: 2.6.6 All pre -qualified vendors will be invited to offer a price for each purchase. 2.6.7 It will be determined by the user departments as to when the request for quotes are due. -2- Revised 913OO5 MIAMI-DADE COUNTY BID NO.: 6827-0/11 SECTION 2 SPECIAL, CONDITIONS 2.6.8 In an emergency or critical situation, the availability of materials and/or geographic location may also be a deciding factor for the basis of award and spot market quotation may not be required. The decision to declare an emergency or that a situation is critical as determined by Miami -Dade County. 2.6.9 Concrete and pumping services may be or may not be awarded to the same bidder if the user departments find it is in the best interest of Miami -Dade County to procure concrete from one bidder and pumping services from another, then they may do so. 2.6.10 The County may require various concrete products, which have been approved for use by the Florida Department of Transportation (FDOT), State Materials Office. Bidders who can comply with FDOT standards but are not listed in section 3.8 of this solicitation should provide proof with their submission that they have received approval and are available to deliver the products. In the event the County requires FOOT approved materials pursuant to this solicitation, only the FDOT authorized vendors will be contacted for quotations. It shall be the responsibility of the awarded FDOT approved vendors to regularly inform Miami - Dade County to any changes in standard issued by the FDOT. If a pre -qualified vendor should receive an FDOT approval at a later date, the vendor may be added as an FDOT approved vendor, but are required to submit proof of FDOT approval. The vendor offering the lowest fixed price meeting the requirements of the quote shall be awarded the purchase of the item(s) and may be included in the next Spot Market Quote. The award to one Bidder for that item(s) does not preclude the ability of the remaining pre -qualified vendors from submitting offers for other specific item(s). 2.7 PRICES FOR TERM OF CONTRACT: Intentionally Omitted 2.8 EXAMINATION OF SITE Intentionally Omitted 2.9 "EQUAL" PRODUCT Intentionally Omitted -3- Revised 9/30/05 i 1 MIAMI-DADE COUNTY BID NO.: 6827-0/11 SECTION 2 SPECIAL_CONDITIONS 2.10 LIQUIDATED DAMAGES FOR INCOMPLETE PROJECTS Intentionally Omitted 2.11 INDEMNIFICATION AND INSURANCE (11) -- CONTRACTOR/MAINTENANCE/REPAIR (MDAD) Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Provider or its employees, agents, servants, partners principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, .and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The vendor shall furnish to the Department of Procurement Management, 111 NW 1st Street, Suite 1300, Miami, Florida 33128-1989, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Workmen's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Public Liability Insurance in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. Miami -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 *$500,000 combined single limit per occurrence for bodily injury and property damage. *Under no circumstances are these contractors permitted on the Airside Operating Area (A.O.A.) side without increasing public liability and automobile coverage to $5,000,000. All insurance policies required above shall be issued by companies authorized to do business under the Iaws 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 -4- Revised 9l30/05 MIAMI-DADE COUNTY BID NO.: 6827-0/11 SECTION 2 ;SPECIAL CONDITIONS A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division 0r 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 Slate of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. NOTE: MIAMI-DADE COUNTY SOLICITATION NUMBER AND TITLE OF SOLICITATION MUST APPEAR ON EACH CERTIFICATE. CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY 111 NW 1ST STREET SUITE 2340 MIAMI, FL 33128 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 solicitation, the vendor 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 vendor fails to submit the required insurance documents in the manner prescribed in this solicitation within twenty (20) calendar days after Board of Commission approval, the vendor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the vendor may be prohibited from submitting future Proposal to the County in accordance with Section 1.23 of the solicitation. The vendor shall be responsible for assuring that the insurance certificate 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 vendor in accordance with Section 2.5 of the solicitation. If insurance certificates are scheduled to expire during the contractual period, the vendor 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 solicitation; provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendars days, the County may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the vendor in accordance with Section 1.23 of the solicitation. -5- Revised 9/30/05 MIAMI-DADE COUNTY BID NO.: 6827-0/11 SECTION 2 SPECIAL CONDITIONS 2.12 BID BOND/ OFFER GUARANTY Intentionally Omitted 2.13 PERFORMANCE BOND Intentionally Omitted 2.14 CERTIFICATE OF COMPETENCY Intentionally Omitted 2.15 METHOD OF PAYMENT: PERIODIC INVOICES FOR COMPLETED PURCHASES The vendor(s) shall submit an invoice(s) to the County user department(s) after purchase has been completed, whether the specific item(s) were picked up by authorized County personnel or delivered to the site by the vendor. In addition to the general invoice requirements set forth below, the invoices shall reference the corresponding delivery ticket number or packing slip number that was signed by an authorized representative of the County user department at the time the items were delivered and accepted. Submittal of these periodic invoices shall not exceed thirty (30) calendar days from the delivery of the items. Under no circumstances shall the invoices be submitted to the County in advance of the delivery and acceptance of the items. All invoices shall contain the following basic information: I. Vendor Information: • The name of the business organization as specified on the contract between Miami -Dade County and vendor • Date of invoice • Invoice number • Vendor's Federal Identification Number on file with Miami -Dade County II. County Information: • Miami -Dade County Release Purchase Order or Small Purchase Order Number Revised 9/30/05 MIAMI-DADE COUNTY BID NO.: 6827-0/11 SECTION 2 SPECIAL CONDITIONS Ill. Pricing Information: • Unit price of the goods, services or property provided Extended total price of the goods, services or property Applicable discounts IV. Goods or Services Provided per Contract: Description Quantity V. Delivery Information: • Delivery terms set forth within the Miami -Dade County Release Purchase Order • Location and date of delivery of goods, services or property Failure to submit invoices in the prescribed manner will delay payment. 2.16 SHIPPING TERMS: F.O.B. DESTINATION All bidders shall quote prices based on F.O.B. Destination and shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized County representative at the requesting department. 2.17 DELIVERY SHALL BE FIVE (5) DAYS AFTER DATE OF ORDER The vendors shall make deliveries within five (5) business days after the date the County department orders the item(s) unless a longer delivery date is authorized in writing. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the vendor(s); except in such cases where the delivery will be delayed due to acts of God, strikes, or other causes beyond the control of the vendor. In these cases, the vendor shall notify the County of the delays in advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the County. Should the vendor to whom the contract is awarded fail to deliver in the number of days stated above, or after any negotiated delivery date has lapsed, the County reserves the right to cancel any order or the entire contract on a default basis. If the contract is so terminated, it is hereby understood and agreed that the County has the authority to purchase the goods elsewhere and to charge the incumbent vendor with any re- -7- Revised 9/30/05 � 1 MIAMI-DADE COUNTY BID NO.: 6827-0/11 SECTION 2 SPECIAL CONDITIONS procurement costs, either through a credit memorandum or through invoicing. If the vendor fails to honor these re -procurement costs, the County may terminate the contract for default. 2.18 BACK ORDER ALLOWANCES Intentionally Omitted 2.19 WARRANTY REQUIREMENTS Intentionally Omitted 2.20 CONTACT PERSONS: For any additional information regarding the terms and conditions of this solicitation and resultant contract, Contact: Laura Gonzalez, at (305) 375-3904 email — lagonz@miamidade.gov 2.21 COUNTY USER ACCESS PROGRAM (UAP) User Access Fee Pursuant to Miami -Dade County Budget Ordinance No. 03-192, this contract is subject to a user access fee under the County User Access Program (UAP) in the amount of two percent (2%). 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, are subject to the two percent (2%) UAP. This fee applies to all contract usage whether by County Departments or by any other governmental, quasi - governmental or not -for -profit entity. The vendor providing goods or services under this contract shall invoice the contract price and shall accept as payment thereof the contract price less the 2% UAP as full and complete payment for the goods and/or services specified on the invoice. The County shall retain the 2% UAP for use by the County to help defray the cost of the procurement program. Vendor participation in this invoice reduction portion of the UAP is mandatory. Joint Purchase Only those entities that have been approved by the County for participation in the County's Joint Purchase and Entity Revenue Sharing Agreement are eligible to utilize or receive Miami -Dade County contract pricing and terms and conditions. The County will provide to approved entities a UAP Participant Validation Number. The vendor must .$. Revised 9/30/05 MIAMI-DADE COUNTY I3ID NO.: 6827-0/11 SECTION 2 SPECIAL CONDITIQNS obtain the participation number from the entity prior to filling any order placed pursuant to this section. Vendor participation in this joint purchase portion of the UAP, however, is voluntary. The vendor shall notify the ordering entity, in writing, within 3 work days of receipt of an order, of a decision to decline the order. For all ordering entities located outside 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 ordering entity prior to shipping the goods. Miami -Dade County shall have no Liability to the vendor for the cost of any purchase made by an ordering entity under the UAP and shall not be deemed to be a party thereto. All orders shall be placed directly by the ordering entity with the vendor and shall be paid by the ordering entity less the 2% UAP. Vendor Compliance If a vendor fails to comply with this section, that vendor may be considered in default by Miami -Dade County in accordance with Section 1, Paragraph 1.23 of this contract solicitation and the resulting contract. 2.22 ACCEPTANCE OF PRODUCT BY THE COUNTY The product to be provided hereunder shall be delivered to the County, and maintained if applicable to the contract, in full compliance with the specifications and requirements set forth in this contract. If a vendor -provided product is determined to not meet the specifications and requirements of this contract, either prior to acceptance or upon initial inspection, the item will be returned, at vendor expense, to the vendor. At the County's own option, the vendor shall either provide a direct replacement for the item, or provide a full credit for the returned item. The vendor shall not assess any additional charge(s) for any conforming action taken by the County under this clause. 2.23 ACCIDENT PREVENTION AND REGULATIONS AT THE SEAPORT DEPARTMENT All operations at the County's Seaport Department are under the direct control of Seaport Department personnel. Interference with vessels and vehicular traffic must be kept to a minimum. Ship berthing areas and roadways shall not be closed or opened by or for the vendor unless express permission is given to the vendor by the Seaport Engineer. The vendor shall plan the scheduling of its work in collaboration with the Engineer in order to insure safety for, and minimum hindrance to, port operations. All equipment shall be withdrawn from work areas at the end of the workday in order to eliminate immediate or potential hazard to traffic and facilities. Materials stored at the Seaport by the vendor shall be stored in a manner that minimizes any obstruction to water and ground traffic. -9- Revised 9/30/05 MIAMI-DADE COUNTY BIi) NO.: 6827-0/11 SECTION 2 SPECIAL CONDITIONS All equipment and stored materials shall be marked by barriers with flashing lights at no additional cost to the County, The County accepts no responsibility for any damage or loss to materials stored by the vendor. The vendor shall exercise careful control during all phases of the work to prevent damage to Seaport utilities; including, but not limited to, overhead lights and buried cables. Before commencing work in any given area, the vendor, working in conjunction with the Engineer and the Dade County Seaport Department maintenance staff, shall endeavor to locate any possible utility conflicts. Should the vendor damage any Seaport utility through negligence, it shall promptly repair the damage at its own expense. 2.24 ESCORT AT AIRCRAFT OPERATING AREA When performing work at the County's Aviation Department, the vendor shall report to the Aviation Department's Maintenance Division Building No. 3025 and be escorted to and from each area of work that traverses the aircraft operating area. The Department shall monitor the placement of the vendor's equipment at each location. Upon completion of the work, the vendor shall call the Maintenance Office, 876-7311, to arrange for inspection and escort out of the aircraft operating area. Any violations of this section by the vendor may result in immediate cancellation of this Contract. 2.25 PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS/ MATERIALS DURING DELIVERY: The successful bidder shall enclose a complete packing slip or delivery ticket with any materials to be delivered in conjunction with this bid solicitation, The packing slip shall -be signed by a County's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered; and back -order quantities and estimated delivery of back -orders if applicable. 2.26 PURCHASE OF OTHER ITEMS/MATERIALS NOT LISTED ON THIS BID SOLICITATION BASED ON PRICE QUOTES: While the County has Listed all major items on the bid solicitation which are utilized by County departments in conjunction with its operations, there may be additional items that must be purchased by the County during the term of this contract. Under these circumstances, a County representative will contact the primary vendor to obtain a price quote for the additional items. If there are multiple vendors on the contract, the County representative may also obtain price quotes from these vendors. The County reserves the right to award these additional items to the primary contract vendor, another contract vendor based on the lowest price quote or to bid the items through a separate solicitation. 10 Revised 9/30/05 MIAMI-DADE COUNTY BID NO.: 6827-0/11 SECTION 2 SPECIAL CONDITIONS 2.27 TESTING OF RANDOM SAMPLES Samples of delivered items or materials may be randomly selected and tested for compliance with these specifications. If it is found that the delivered commodities do not conform to the specifications, the county shall require replacement within a reasonable length of time and may cancel the contract for cause. 2.28 SPECIAL SECURITY REQUIREMENTS AT THE SEAPORT DEPARTMENT Miami -Dade County Seaport Department (Port of Miami) operates under strict security regulations. These regulations involve the issuance of special identification (ID) cards after performing complete police background checks of individuals who are employed, hired or who are required to enter the restricted areas of the Port of Miami more than 5 times within a 90-day period. These ID cards are required and issued by the Seaport Department at a cost of $60.00 per applicant per year. Therefore, the successful bidder shall obtain and pay for Seaport ID cards for each of his/her employees and/or agents who will visit or perform services at the Port of Miami restricted areas. For more information concerning ID cards, you, you may contact the Port of Miami ID Office at (305) 347-4955. 11 Revised 9/30/05 MIAMI-DADE COUNTY BID NO.: 6827.0/11 SECTION 3 TECHNICAL SPECIFICATIONS 3.1 SCOPE Furnish and deliver Ready Mixed Concrete to various Miami -Dade County Departments, various strengths and quantities, and/or provide pumping services if requested. 3.2 CONCRETE All concrete to be furnished must meet the South Florida Building Code requirements. Wet batches of concrete shall not be hauled for more than sixty minutes except when a retardant admixture is required by the County. An additional period of thirty minutes will then be permitted. Partially hardened or re -tempered concrete shall not be acceptable. See type of concrete to be supplied as follows: 1. Strength PSI 28 Days Coarse Aggregate 2500 — 5000 Pound square inch (PSI) 2. Strength PSI 28 Days Pea -rock 3/8" 2500- 5000 PSI 3. Strength PSI 28 Days Pea -rock 3/8" with 2" Line 2500 -5000 PSI 4. Strength PSI 28 Days Shot-crete 3/8" with 2"Line with 1" Nozzle 2500-5000 PSI 5. Strength PSI 12 Hours Pea -rock 3/8" — 6000 PSI for Miami Dade Transit 3.3 PUMPING SERVICES Bidders will be pre -qualified for pumping services provided they have the following equipment: two inch (2") concrete pumps, complete with hoses and nozzles, accessories, fuel and labor consisting of two (2) person crew, one (1) skilled pump operator and one (1) concrete hose handler for each pump. Provide a list of all equipment. 3.4 DELIVERIES a. Delivery location will include South Zone which is Flager Street south to the Monroe County Line. North Zone which is Flager Street north to the Broward County Line. Delivery time requirements shall be agreed upon by the vendor and the user departments that place the orders. b. Departments will typically notify the vendor at ]east forty-eight (48) hours in advance of the required deliver times. In case of emergency this advance notice may not be given. c. Vendor shall advise the user departments of any delays for deliveries, if delivery will be more than 30 minutes later than agreed upon. d. When the original requested amount of concrete proves to be insufficient to complete the job, the authorized user department will request an additional delivery at a 12 Revised 9/30/05 � I MIAMI-DADE COUNTY BID NO.: 6827-0/11 SECTION 3 TECHNICAL SPECIFICATIONS specified interval. The second delivery shall be made within three (3) hours after the completed 1 S' delivery or no later than 2:00 pm, whichever comes first. e. The average order will be approximately eight (8) cubic yards. f. Pouring time is estimated between 5 & 10 minutes per cubic yard depending on job conditions. 3.5 SPECIFICATION FOR FLOWABLE FILL The requirements for flowable fill used for trenches, support for pipe structures, culverts, utility cuts and other work where cavities exist and where firm support is needed for pavement and structural elements. Flowable fill may also be used to fill water and sewer lines, fuel tanks placed out of service and other locations approved by the Engineer of Record. 3.6 MATERIALS FOR FLOWABLE FILL The materials used shall conform with the requirements of the Federal Department of Transportation (FDOT) standard specifications for Road and Bridges Construction, latest edition and herein referenced are as follows: A. Portland Cement (Types I, II, or III) B. Fly Ash, Slag and other Pozzo]anic Materials For Portland Cement Concrete C. Fine Aggregates (Sand) D. Water Section 931 Section 929 Section 902 Section 923 Any clean sand with 100% passing 3/8" sieve and not more than 10% passing with 200 mesh may be used. 3.7 MIX PROPORTIONS A. The bidder will be responsible for producing a flowable mixture using the guidelines above and by adjusting his mixture design as called for by circumstances or as may be directed by the Engineer of Record. B. Flowable Fill shall be proportioned to produce a 28 day compressive strength of 50- 150 PSI. 13 Revised 9l30/05 MIAMI-DADE COUNTY BID NO.; 6827-0/11 SECTION 3 TECHNICAL SPECIFICATIONS C. General mix quantities are as follows: Components Cement Pounds per Cubic Yard 50-100 Fly Ash or Granulated Blast Furnace Slag .600 Fine Sand Water 2,750 Adjustable to yield one cubic Yard of flowable fill 500 Maximum The percentage of cement may be increased above these limits only when early strength is required and future removal of concrete is unlikely. D. Weights for fine aggregate and water shall be adjusted according to cementious content. The mix proportions shall be adjusted for removability, pumpability and flowability. If required, strength test data shall be provided prior to batching. E. If required by the Engineer of Record, the flowability can be measured by afflux time determined in accordance with ASTM C 939 and shall be 30 seconds measured on mortar passing the number 4 sieve. The equipment required to perform this test shall be provided by the bidder. 3.8 APPROVED MIXES OF FLOWABLE FILLS The following are FDOT approved design mixes for Miami -Dade County PLANT Mix Number Tarmac —end of Turnpike 06-FF-04 Florida Rock & Sand- Card Sound 06-FF-05 Rinker —Princeton 06-FF-07 Rinker — Downtown 06-FF-08 Rinker —LeJune 06-FF-08 Rinker- Sweetwater 06-FF-08 Rinker — N. Miami 06-FF-09 Dade Concrete 06-FF-10 Job Mix Concrete Co. 06-FF-11. 14 Revised 9/30/05 MIAMI-DADE COUNTY BID NO.: 6827-0/11 SECTION 3 TECHNICAL SPECIFICATIONS 3.9 TREMMIE CONCRETE Tremmie concrete is concrete that is placed under water and shall have 7 sacks of type 1 Portland cement per cubic yard. The water to cement ratio is not to exceed 0.45 with a slump of 7 inches, plus or minus 1 inch. 3.1.0 RIPRAP Riprap is sand and cement in burlap sacks, well mixed in the proportion of 5:1. The sacks shall absorb moisture to set up in the position placed. 3.11 ON -SITE CONCRETE BATCHING JOB -MIX A mobile concrete mixer carries the materials for concrete in separate bins and volumetrically measures and mixes the materials at the job site. i5 Revised 9/30/O5