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HomeMy WebLinkAboutInvitation to BidMIAMI.OiADE COUNTY i BID NO.: 6752-0/11 OPENING: 2:00 P.M. WEDNESDAY March 8, 2006 MIAMI-DADE COUNTY, FLORIDA INVITATION TO BID TITLE: FURNISH AND/OR DELIVERY OF ASPHALTIC CONCRETE FOR A PERIOD OF 5 YEARS THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW: INDEMNIFICATION/INSURANCE. See paragraph 2.11 PRE -BID CONFERENCEIWALK-THRU: MEASURES: See paragraph 2.2 USER ACCESS PROGRAM: See 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 16 OF SECTION 4, BID SUBMITTAL FORM SHALL RENDER THE VENDOR INELIGIBLE FOR LOCAL PREFERENCE FAILURE TO SIGN PAGE 16 OF SECTION 4, BID SUBMITTAL FORM WILL RENDER THE BID NON -RESPONSIVE MIAMI-DADS COUNTY, FLORIDA INVITATION TO BID Bid Number: 6752-0111 Title: Asphaltic Concrete Sr. Procurement Contracting Agent: Laura Gonzalez Bids will be accepted until 2:00 p.m. on March 8, 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.: 6752-0/11 SECTION 1 GENERAL TERMS AND CONDITIONS 1.1. DEFINITIONS Bid - shall refer to any offer(s) submitted in response to this solicitation. Bidder - shall refer to anyone submitting a Bid in response to this solicitation. BM Solicitation - shall mean this solicitation documentation, including any and all addenda. Bid Submlfal Form - defines the requirement of items to be purchased, and must be completed end submitted with Bid. The Bidder should indicate its name in the appropriate space on each page. County - shall refer to Miami -Dade County, Florida DPM - shall refer to Miami -Dade County's Department of Procurement. Management, Bids and Contracts Division. Enrolled Vendor -- EFFECTIVE JULY 8, 2002, shall refer to a firm that has completed the necessary documentation in order to receive Bid notifications from the County, but has not yet registered 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 -tine vendor enrollment or vendor registration contact the Vendor Assdstance Uttt at 111 N.W. I" Street, 13n Floor, Miami, FL 33128, Phone 305375.5773. EFFECTIVE JULY 1, 2002, vendors win be able to enroll and register online by via hln= our web site at httn:!lmiamidade-euv and crick on "Business". 1.2. INSTRUCTIONS 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 Bids. Vendors may enroll with the County to be included on a mailing list for selected categories of goods and services. To be eligible for award of a contract (including email purchase orders), Bidders must complete a "Miami -Dade County Business Entity Registration Application". Only Registered Vendors can be awarded County contacts. Vendors are encouraged to register with the County anytime by contacting the Vendor 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, at 111 N.W. 1 Street, 19"' Floor, Miami, FL 33128-1844, or telephone at 305- 375-3111. County employees wishing to do business+ with the Comity 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 Procurement Management (DPM), Bids and Contracts Division within Fourteen (14) days of notification of the intent to recommend for award. In the event the Miami -Dade County Business Entity Registration Application is not properly completed and returned within the specified time, the County may award to next lowest responsive Bidder. The Bidder is responsible for obtaining the Miami - Dude County Business Entity Registration Application and all affidavits by downloading from DPM's webaite at http:limiamidade.gov and click on "Business" or from the Vendor Aaaistance Unit at 111 N.W. lY Street, Miami, FL. In becoming a Registered Vendor with Miami -Dade County, the vendor confirms its knowledge of and commitment to comply with the following: I. Diecloanre of Employment - pursuant to Section 2-8.1(d) of the County Code. 2. Disclosure of Ownership Affidavit - pursuant to Section 2-8.1(d) of the County Code. 3. ]hag -Free Affidavit - pursuant to Section 2-8.1.20) of the County Code. -I- 4. W-9 and 8109 Fonns - The vendor must famish these forma as required by the Internal Revenue Service. 5. Social Security Number - The vendor must provide a copy of the primary owner's social security card if the social security number is being used in lieu of the Federal Identification Number (F.E.1.N.). 6. Americans with Disabilities Act (A.D.A.) Affidavit - It is the policy of the County to comply with all requirements of County Resolution R182-00 enclitic A.D.A. 7. Collection of Fees, Taxes and Parking Tickets Affidavit - pursuant lo Section 2-8.1 (c) of the County Code. 8. Conflict of Interest and Code of Ethics - pursuant to Sections 2- 8,1(i) and 2-11.1(b) (1) through (6) and (9) oldie 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 Disclosure Affidavit - pursuant 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 endeavors to obtain the participation of all minority and disadvantaged business enterprises purulent to 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. individuals and Entities Doing Business with the County not current in their obligations to the County - pursuant to Sections 2- 8.I (h) and 2-11.1(b)(8) of the County Code. 14. Nondiacrimination pursuant to Section 2.8.1.5 of the County Code. 15. Family Leave - Pursuant to Section 11 A-30 of the County Code. 16. Living Wage - Pursuant to Section 2-8.9 of the County Code. 17. Domestic Leave - Pursuant to Section I 1 A-00 of the County Code. 18. Antitrust Laws - By acceptance of any contract, the vendor agrees to comply with all antitrust laws of the United Stales and the State of Florida C. PUBLIC ENTITY CRIMES To be eligible for award of a contract, firms wishing to do business with the County must comply with the following: Pursuant to Section 287.133(2Xa) 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 subunit a Bid on a contract to provide any goods or services to a ublic entity, may net 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 leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not Outland business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 worths from the date of being placed on the convicted vendor Hat D. Request for Additional Information 1. Pursuant to Section 2-11.1(t) of the County Code, all Bid Solicitations, once advertised and until an award recommendation has been forwarded to the appropriate authority are under the 'Cone of Silence^. Any comun nicaiion or inquiries, except for clarification of process or procedure already contained in the solicitation, are to be made in writing to the attention of the Procurement Agent identified on the front page of the solicitation. Such inquiries or request for information shall be submitted to the procurement agent in writing and shall contain the requester's name, address, and telephone number. If transmitted by facsimile, the request should also include a cover sheet with Bidder's facsimile number. The requestor must aleo file a copy of this written request with the Clerk of the Board, 111 NW Ice Sired, 17di Floor, suite 202, Miami, Florida 33128-1983 or email c l erk b e cf@mi am i da d e. env. 2. The Department of Procurement Management may issue an addendum in response to any inquiry reoeived, prior to Bid opening, which changes, adds to or clarifies the terms, provision Revised 9/30/05 MIAMI-DADE COUNTY BID NO.: 6752-0/11 SECTION l GENERAL TERMS AND CONDITIONS or requirements of the solicitation. The Bidder should not rely on any representation, statement or explanation whether written m verbal, 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, the last addendum Matted shall prevail. 3. 11 is the Bidder's responsibility to ensure receipt of ail addenda, and any accompanying documentation, The Bidder is required to a ubinit with its Bid a signed "Acknowledgment of Addenda" form, when any addenda have been issued. E. Contents of Ifld Solicitation and Bidders' Responsibilities 1. It is the reaponaibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and 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 requirements of the County, or the compensation to be paid to the Bidder. 2. This solicitation is subject to all legal requirements contained in the applicable County Ordinances, Administrative Orders, and Resolutions, as well as all applicable State and Federal Statutes. Where conflict exists between this Bid Solicitation and these legal requirements, the authority shall prevail in the following order. Federal, State and local. 3. It is the responsibility of the Bidder/Proposer, prior to conducting any lobbying l+erarlin>t this solicitation to file the appropriate form with the Clerk of the Board statism that a oarikular lobbyist h authorized to represent the Bidder/Proposal 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 file the appropriate farm required, in relation to each solicitation, may be considered as evidence that the Bidder/Proposer is not a responsible contractor. F. Change or Withdrawal of Bids 1. Changes to Bid - Prior to the scheduled Bid opening a Bidder may change its Bid by submitting a new Bid, (as indicated on the cover page) with a letter in writing on the firms letterhead, signed by an authorized agerd stating that the new submittal replaces the original submittal. The new submittal shall contain the letter and all information as required for submitting the original Bid. No changes to a Bid 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 DPM 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 person identified on the front rover of thin Bid Solicitation. The withdrawal letter must be on company letterhead and signed by an authorized agent of the Bidder. G. Conflicts Within The Bid Solldtatlmt Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical 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 Trams and Conditions. H. 1. Prompt Payment Terms It 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 on late payments. In accordance with Florida Statutes, Section 218.74 and Section 2-8.1.4 of the Miami -Dade County Code, the time at which payment shall be due from the County or the Public Health Trust shall be forty-five (43) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall -I]- be 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 interest 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 shall be concluded by final written decision of the County Manager, or his or her designee(s), not later than sixty (60) days after the date on which the proper invoice was received by the County or the Public Health Trust 2. The Bidder inay offer cash discounts for prompt payments; however, suds discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the eobeilation. 1.3. PREPARATION OF BIDS A. The Bid submittal form defines requirements of items to be purchased, and must be completed and submitted with the Bid. Use of any other form will result in the rejection of the Bidder's offer. B. The Bid submittal form must be legible. Bidders shall use typewriter, computer or ink. All changes must be crossed am and initialed in ink. Failure to comply with these requirements may cause the Bidio be rejected. C. An authorized agent of the Bidder's farm must sign the Bid submittal form. FAILURE TO SIGN THE AID SUBMITTAL FORM SHALL RENDER THE DID NON-RESFONS1i E. D. The Bidder may be considered non -responsive if bids are conditioned to modifications, changes, or revisions to the terms and conditions of this solicitation. E. The Bidder may submit alternate Bid(s) for the same solicitation provided that such offer is allowable under the terms and conditions. The alternate Bid must meet or exceed the minimum requirements and be submitted on a separate Bid submittal marked "Alternate Bid". F. When there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. 1.4. CANCELLATION OF BID SOLICITATION Miami -Dade County reserves the right to cancel, in whole or in part, any Invitation to Bid when it is in the beat interest of the County. 1.5. AWARD OF BID SOLICITATION A. This Bid may be awarded to the responsible Bidder meeting all requirements as set forth in the solicitation. The County reserves the right to reject any and ail Bids, to waive irregularities or technicalities and to re -advertise for all or any part of this Bid Solicitation as deemed in its best interest. The County shall be the sole judge of he best interest. B. When there are 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 mannea• deemed in the best interest of the County. C. The County reserves the right to reject any and all Bids if it is determined that prices are excessive, best offers are determined to be unreasonable, or it is otherwise determined to be in the County's best interest to do so. D. The County reserves the right 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 that have completed the Miami -Dade County Business Entity Registration Application and that satisfy all necessary legal requirements to do business with Miami -Dade County. Finns domiciled in Miami - Dade County must present a copy of their Miami -Dade County issued Occupational license. F. Pursuant to County Code Section 2-8.1(g), the Bidder's performance as a prime contractor or subcontractor on previous County contracts shall be taken into account in evaluating the Bid received for this Bid Solicitation. G. To obtain a copy of the Bid tabulation, Bidder(s) shall enclose an Revised 9/30/05 M1AMI-DADE COUNTY BID NO.: 6752-0/11 SECTION 1 GENERAL TERMS AND CONDITIONS appropriately sized self-addressed tramped envelope. Bid vaults will not be given by telephone or facsimile. Please allow ton (10) Wender days alter Bid opening for mailing. 11, The Bid Solicitation, any addenda and/or properly executed modifications, the purchase order, and any change orders) shall constitute the cons set. 1. lu accordance with Resolution R-1574-88 the 1'irectar of Bids and Contracts Division will decide all tie Bids. J. Award of this Bid may be predicated on compliance with and submittal of all required documents as etipoleted in the Bid Solicitation. 1.6. CONTRACT EXTENSION A. The County reserves the right to exercise its option to extend a wand for up to one hundred -eighty (180) calatder days beyond the sorrow contract period and will notify the condaotor in writing of the extensions. B. This omorad may be extended beyond the initial one hundred - eighty (180) day e:densioe period upon mutual agreement between the County and the suoceuful Bidder(s) upon approvel by the Board of County Commissioners. 1.7. WARRANTY MI warranties, exposes and implied, shall be made available to the County fee goods and services covered by this Bid Solicitation. All goods frrniahed shall be fully guaranteed by the sucoaufal Bidder against factory defects and warhmanubip. At no expense to the County, the auoceesful Bidder dull correct any and all apparent and latent defects flat may occur within the manufacturer's standard warranty. The Special Conditions of the Bid Solicitation may arperaede the ma ufhdurer'sstandard warranty. 1.8. ESTIMATED QUANTITIES Falinasted quantities or dollars are for Bidder's guidance only: (a) astimale, are based on the Coualy'e anticipated needs and/or usage during a previous contract period and; (b) the Courtly may use these animates to determine the low Bidder. Estimated quanities do not contemplate or include possible additional quantities that may be adored by other government, quasi -government or non-profit entities utilizing this contract under the Joint Purchase portion of the County User Access Program (UAP) described in Section 2.21 of this onared solicitation and the resulting contract, if that section is present in this solioitalign document. No guarantee is expressed or implies as to quantities or dollars that will be used during the contract period. The County is not obligated to place any order for the given amount subsequent to the award of this Bid Sincitation. 1.9. NON -EXCLUSIVITY It is the intent of the County to eater into an agreement with the sucoeaafld Bidder that will satisfy its needs as describe herein. However, the County reserves the right as deemed in he bat interest to perform, or caul to be performed the work and eervico, or any portion thereof, heroin described in any manner it sae fit, including but not limited to: award of other contracts, use of any contractor, or perform the work with its own employees. 1.10. LOCAL PREFERENCE The evaludion of competitive bide is subject to Section 2-8.5 of the Miami -Dade County Code, which, except where contrary to federd and state law, or any other funding source requirem.n ta, provides that preference be given to local business. A local business shall be defined as: 1. a business that her a valid occupational license, issued by Miami -Dade County at least one year prior to bid or prnpoaal submission, that is appropriate for the goods, servioer or eondreetioa to be purchased; 2. a business that has physical business address located within the limits of Miami -Dade County from which the vendor -111- operates ce performs business. Poet Office Boxes are not verifiable and .ball not be used for the purpose of establishing said physical address; and 3. a business that contributes to the economic development and wen -being of Miami Dade County in a verifiable and measurable way. ilia may include but not be limited to the retention and expansion of employment opportunities and the support and increase in the County's lax base. To satisfy this requirement, the vendor shall affirm in writing its compliance with either of the following objective criteria as of the bid or proposal eubmiaeion date dated in the solicitation: (a) vendor her at lead tan (10) permanent 11111 time employes, a part time employees equivalent to 10 FT& ("Rill -time equivalent" employees waking 40 hours par week) that live in Miami -Dade County, or at lean 25% of its employees that five in Miami - Dade County, or (b) vendor contributes to the County'' tax bow by paying either real property taxes or tangible personal property taxes to Miami -Dade County, or some other verifiable and meastuable contribution to the economic development and well-being of Miami - Dade Comity. When then is a responsive bid from a Miami -Dade local business within 1096 of the lowest price submitted by a responsive non -local business, the local business and the non -local low bidder shin have the opportunity to submit a best and foal bid equal to or lower then the amount ofthe low bid previously submitted by the non -local business. At this time, there is en inlerlocal agreement in effect between Miami - Dade and Broward Counties until September 2006. Therefor, a vendor which meets the requirements of (1) and (2) above for Broward County shall be considered a local business purnu it to this Scotia]. (c) 1.11. CONTINUATION OF WORK Any Mork that oommeoca prior to and will extend beyond the expiration date of the arrant contract period shall, unless terminated by mutual written agreement between the County and the suecesfld Bidder, Co*dinua _until. vornplelion at the same prices, terms and conditions. 1.12. BID PROTEST A. A recommendation for contract award or rejection of award may be protested by a Bidder in accordance with the prooedum contained in Sections 24.3 and 2-8.4 of the County Code, as amended, and as established art Administrative Order No.3.21. B. To initiate a Bid protest, the protester shall present to the Clerk of the Board a non-relbodable fling fee. payable to the Clerk of the Board, in accordance with the schedule provided below: Award Amotse1 MEDI 225,0004100,000 5500 $100,001-8500,000 51,000 $500,001-55 million $3,000 Ova $5 million $5,000 la the event a Bidder wish,' to prated any pert of the General Conditions, Special Conditions and/or Technical Specification contained in the Bid Solicitation it must file a notice of protest in writing with the issuing departasm no later than 48 hours prior to the Bid opening date and hour specified in ibe solicitation Failure to file a timely notice of protest will constitute a waiver of tnoceedlnge C. For award recommendations greater than $100,000 the following shall apply: When a fettar of intend to award a Bid Solicitation has been communicated (moil, faxed of entailed) to each competing Bidder Revised 9/30/05 MIAMI-DADE COUNTY BID NO.: 6752-0/11 SECTION 1 GENERAL TERMS AND CONDITIONS and filed with the Clerk of the Board, a Bidder wishing to protest said award recommendation shall file a protest with the clerk of the Board within ten (10) working days of the date of award recommendation later. Within two (2) days of that filing, the protester shall provide the County Attorney and each Bidder with a copy of each document that was filed with the protest. Failure to timely file the written protest shall constitute a waiver of the right to protest the award recommendation. D. For award recommendations from $25,000 to $100,000 the following shall apply: Each Monday, in the lobby of the Stephen P. Clark Center, located al 111 N.W. I. Street, award recommendations are posted. Participama may also call the Awards Line at 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 recnmmendationa than file a protest with the Clerk of the Board within five (5) working days of the posting and submit a $500 nonrefundable filing fee. 1.13. RULES, REGULATIONS AND LICENSES The successful Bidder shall comply with all laws and regulations applicable to provide the goods and/or services apeeified in this Bid Solicitation. The Bidder shall be familiar with all federal, state and local laws that may in affect the goods and/or services offered 1.14. PACKAGING Unless otherwise specified in the Special Conditions or Technical Specifications, all containers stall be tunable for shipment and/or storage and comply with Resolution No. 738.92. 1.15. SUBCONTRACTING 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 the contract for default. When Subcontracting is allowed the Bidder Ethan comply with County Resolution 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 rights, title or interest therein, or its power to execute such contract to any person, company or corporation without the prior written eonsem of the County. 1.17. DELIVERY Unless otherwise specified in the Bid Solicitation, prices quoted shall be F.O.B. Destination_ Freight shall be included in the proposed price. 1.15. RESPONSIBILITY AS EMPLOYER The employee(s) of the successful Bidder shall be considered to be at all limes its employee(a), and not an employee(a) or agent(s) of the County or any of its departments. The successful Bidder shall provide competent and physically employee(a) capable of performing the work as required. The County may require the succeaafid Bidder to remove any employee it deems unacceptable. All employees of the successful Bidder shell wear proper identification. 1.19. INDEMNIFICATION The successful Bidder shall indemnify and bold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attomey's fees and crests 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 - Iv - connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the Camtly, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which miry be incurred 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. 1.20. COLLUSION Where two (2) or more related parties, as defined herein, each submit a Bid for any contract, such Bids shall be presumed 10 be collusive. The foregoing presumption may be rebutted by the mammalian of evidence es to the extent of ownership, control and management of such related parties in preparation and submittal of such Bids. Related parties shall mean Bidder or the principals thereof which have a direct or indirect ownership interest in another Bidder for the same contract or in which a parent company or the principala thereof of one (I) Bidder have a direct or indirect ownership interest in another Bidder for the same contract. Furthermore, any prior undemanding, agreement, or connection between two or more corporations, fame, or persona submitting a bid for the same materials, supplies services, or equipment aball 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 oonsidered non -responsible, and may be suspended or debarred, and any contract rcauhing from collusive Bidding may be terminated for default. 1.21. MODIFICATION OF CONTRACT The contract may be modified by mutual consent, in writing through the issuance of a modificatieo to the connect, 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 without cause upon thirty (30) days written notice. Upon receipt of such notice, the successful Bidder shall net incur any additional costs under this contract. The County shall be liable only for reasonable costs incurred by the suecesafiul Bidder prior to notice of termination. The Canty shall be the sole judge of "reasonable costa." 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 succesafhl Bidder fails to perform in accordance with the terms and conditions staled herein_ The County further reserves the right to suspend or debar the successful Bidder in accordance with the appropriate County ordinances, resolutions and/or administrative orders. The vendor will be notified by letter of the County's intent to terminate. In the event of termination for default, the County may proctre the required goods and/or services front any source and use any method deemed in its best interest- All re -procurement cost shall 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 to meet its contractual obligations with the County through freed, misrepresentation or material misstatement, may be debarred for up to five (5) years. The County as a further sanction may terminate or esmcal any other contracts with such individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect coats associated with termination or cancellation, including attorney's fees. 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 County's choosing at the Contractor's expense. The Conhaelar shall provide access to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. Revised 9/30/05 MIAMI-DADE COUNTY BID NO.: 6752-0/11 SECTION 1 GENERAL TERMt AND CONDITIONS The Contractor shall retain all reoorda pertaining to this Agreement and upon request make them available to the County for three yearn following expiration of the Agreement. The Contractor agrees to provide such assistance as may be necessary to facilitate the review or audit by the County 10 matre compliance with applicable accounting and fuiancial standards. 1.26 OFFICE OF THE INSPECTOR GENERAL Miami -Dade County has established the Office of the Inspector General, which is authorized and empowered to review pest, present, and proposed County and Public Health Trust 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 exietiag projects and programr. The Inspector General may, on a random basis, perform audits on all County contracts. The coat of random audits shall be incorporated into the contract price of all contracts and shall be one quarter (1/4) of one (1) percent of the contract price, except as otherwise provided in Section 2- 1076(cX8) of the County Code. 1.27 PRE -AWARD INSPECTION The County may conduct a ire -award inspection of the bidder's site or hold a pre -award qualification hearing to deternone if the bidder is capable of performing the requirements of fins bid solicitation. 1.28 PROPRIETARY/CONFIDENTIAL INFORMATION Bidders are hereby notified that all information submitted as part of 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 conclusively 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 ss protected or confiderdial, the County shall endeavor to redact and return tbal information to the bidder as quickly as possible, and if appropriate, .valuate the balance of the bid. The redaction or return of information pursuant to this clause may render a bid non -responsive. 1.29. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) Any person or entity that performs or assists Miami -Dade County with function or activity involving the use or disclosure of "individually identifiable health information (MU) and/or Protected Health Information (PHi) shall comply with the Health Insurance 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. Use of information only for performing services required by the contract ar 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 disclosure; 4. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PH1 will he held confidential; 5. Making Protected Health 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 8. Making irdernal practices, books and records related to PHI available to Miami -Dade County for compliance audits. Plil shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder! Proposer must give its customers written notice of its privacy information practices including specifically, a 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 County are used to pay for all or some part of the cost of this contract, no award of a Blanket Purchase Order (BPO) for Transit/Public Works as part of a multi -department oontred, nor an mud of a contract solely for the use of Transit/Public Works shall be effective and thereby give rise to a contractual relationship with the County for Transit/Public Works purchases unless and until both the following have occurred: 1) the County Commission awards the contract, and such award becomes final (either by expiration of 10 days after such award without veto by the Mayor, or by Commniasion override of a veto) and, 2) either, i) the Citizens' Independent Transportation Trust (CITI) has approved inclusion of Transit/Public Works in this contract, or, ii) in response to the CI Ts disapproval, the County Commission reaffirms Transit/Public Work's inclusion in the contract by two-thirds (2/3) vote of the Commission's membership and such reaffirmation becomes final. 1.31 LOBBYIST CONTINGENCY FEES A) In accordance with Section 2-11.101 of the Code of Miami-Dadk County, after May, 16, 2003, no person may, in whole or in part, pay, give or agree to pay or give a contingency fee to another person. No person may, in wbok 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 dependant on 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 or recommendation of any County personnel during the time period of the entire decision - making process regarding such action, decision or reoonunendation which foraaeably will be heard or reviewed by the County Commission --or a-Coimty board or committee. -V- 1.32 COMMISSION AUDITOR — ACCESS TO RECORDS Pursuant to Ordinance No. 03-2, all vendors receiving an award of the contract resulting from this solicitation will grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds. Revised 9/30/05 MIAMI-DADE COUNTY BID NO.: 6752-0111 SECTION 2 SPECIAL CONDITIONS 2.1 PURPOSE: TO ESTABLISH A CONTRACT FOR THE COUNTY: The purpose of this solicitation is to establish a contract for the purchase of Asphaltic Concrete in conjunction with the County's needs on an as needed when needed basis. 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, Purchasing Division; and contingent upon the completion and submittal of all required bid documents. The contract shall expire on the last day of the 60th month. 2.5 OPTION TO RENEW Intentionally Omitted 2.6 METHOD OF AWARD: To Multiple Vendors By Item Award(s) will be made up to the three (3) lowest priced responsive, responsible vendors on an item -by -item basis. While the award(s) will be made to multiple vendors for each item to assure availability, the lowest priced vendor for each item will be given the first opportunity to perform under this contract. 1 MIAMI-DADE COUNTY BID NO.: 6752-0/11 SECTION 2 SPECIAL CONDITIONS 2.7 PRICES SHALL BE FIXED WITH ADJUSTMENTS ALLOWED A price adjustment will be made only when the current asphalt price index varies by 5% or more from the index that was applicable when bids were received or 5% or more from when the last previous adjustment was made. The bid unit price for bituminous materials (asphaltic concrete, prime and tack coat) will be adjusted to reflect changes, both increase and decrease, in the asphalt price index, based on the average of the current Bituminous materials posted at Port Everglades monthly, from that in effect during the month in which bids were received for this contract. The Contractor will not be given the option to reject this cost adjustment of bituminous materials. This adjustment will be made in accordance with the following criteria: A. Price adjustment will be applied only to the price of bituminous materials, based on the above mentioned asphalt price index and will not reflect variations in the cost of aggregates or any other factors involved in the composition or pricing of asphalt. B. The adjusted unit price for asphaltic concrete shall be calculated in accordance with the following formula: Pa=P+(DxN) Pa = Adjusted unit price for asphaltic concrete (to be calculated separately for each month during which the bituminous material is used and will reflect on increased or decreased price). P = the price per unit bid for the asphaltic concrete. D = the differential in the per gallon price of liquid asphalt in accordance with the Asphalt Price Index for the liquid asphalt, from the price per gallon of the liquid asphalt in the month of their bid, and the price per gallon of the liquid asphalt in the month in which the material is incorporated in the project. N = Number of gallons of liquid asphalt per unit bid (will be based on 16 gallons). C. The payment adjustment for a gallon of emulsified tack coat shall be based on the differential in the price tack, in accordance with the asphalt price index for the prime tack. 2 MIAMI-DADE COUNTY BID NO.: 6752-0/11 SECTION 2 SPECIAL CONDITIONS 2.8 EXAMINATION OF SITE (RECOMMENDED) Intentionally Omitted 2.9 EQUAL PRODUCTS Intentionally Omitted 2.10 LIQUIDATED DAMAGES 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 Vendor Assistance Section, Department of Procurement Management, Bids and contracts Division, 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. 3 MIAMI-DADE COUNTY BID NO.: 6752-0/11 SECTION 2 SPECIAL CONDITIONS *Under no circumstances are these contractors permitted on the 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 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. 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 1sr 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 1.24 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 4 MIAMI-DADE COUNTY BID NO.: 6752-0/11 SECTION 2 SPECIAL CONDITIONS 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. Department of Procurement Management Bids and Contracts Unit 111 NW 1st Street, Suite 1300 Miami, Florida 33128-1989 2.12 BID 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 5 MIAMI-DADE COUNTY BID NO.: 6752.0/11 SECTION 2 SPECIAL CONDITIONS • Vendor's Federal Identification Number on file with Miami -Dade County D. County Information: • Miami -Dade County Release Purchase Order or Small Purchase Order Number III. 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 Comply: 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 various locations, when delivery is requested. 2.16.1 SHIPPING TERMS: F.O.B. POINT OF ORIGIN All bidders shall quote prices based on F.O.B. Point of Origin and shall transfer title of the goods at the bidder's place of business until goods are shipped by a shipper selected by the County or pick-up by the County for other than delivered product. 2.17 DELIVERY SHALL BE ONE (1) DAY AFTER DATE OF ORDER The vendor shall make deliveries within one (1) calendar days after the date of the order. 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 6 MIAMI-DADE COUNTY BID NO.: 6752-0/11 SECTION 2 SPECIAL CONDITIONS advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the County. Should the vendor(s) to whom the contract(s) is awarded fail to deliver in the number of days stated above, the County reserves the right to cancel the contract on a default basis after any back order period that has been specified in this contract has lapsed. 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 -procurement costs. If the vendor fails to honor these re -procurement costs, the County may terminate the contract for default. Certain County employees may be authorized to pick-up materials under this contract. Vendors shall require presentation of this written authorization. The vendor shall maintain a copy of the authorization. If the vendor is in doubt about any aspect of material pick-up, vendor shall contact the appropriate user department to confirm the authorization. 2.18 BACK ORDERS 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 ct,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 7 MIAMI-DADE COUNTY BID NO.: 6752-0/11 SECTION 2 SPECIAL CONDITIONS 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 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 ESCORT AT AIRCRAFT OPERATING AREA When making deliveries 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 delivery that traverses the aircraft operating area. The Department shall monitor the placement of the vendor's products at each location. Upon completion of the delivery, 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. 2.23 LOCAL OFFICE SHALL BE AVAILABLE The vendor shall have an office, either owned or leased in their company name, within the geographic boundaries of Miami -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. 8 MIAMI-DADE COUNTY BID NO.: 6752-0/11 SECTION 2 SPECIAL CONDITIONS 2.24 PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY: The successful bidder shall complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip shall be attached to the shipping carton(s) which contain the items and shall be made available to the County's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered; and back -order quantities and estimated delivery of back -orders if applicable. 2.25 PRIMARY VENDOR DESIGNATION: While the method of award identified in Section 2.6 of the solicitation prescribes the method for determining the lowest responsive, responsible vendor, the County will award this contract to the designated lowest vendor as the primary vendor and will award this contract to the designated second lowest vendor as the secondary vendor respectively. If the County exercises this right, the primary vendor shall be given the first opportunity to perform the service or deliver the goods identified in this contract. If the primary vendor declines this opportunity, the County shall seek the identified goods or services from the secondary vendor. The County may also make award to the third lowest vendor as a tertiary vendor. 9 MIAMI-DADE COUNTY BID NO.: 6752-0/11 SECTION 3 TECHNICAL SPECIFICATIONS 3.1 SCOPE: Furnish various cold and/or hot plant mixed asphaltic concrete patching materials. 3.2 SPECIFICATIONS: All asphaltic concrete mixes shall meet the State of Florida, Department of Transportation, Standard Specifications for Road and Bridge Construction, 1991 Edition, and any addendums. 3.3 ZONES North Zone: North side of Southwest 88 Street (SW 88 Street to Southern Broward County Line) South Zone: South side of Southwest 88 Street (SW 88 Street to Northern Monroe County Line) 10