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HomeMy WebLinkAbout25207AGREEMENT INFORMATION AGREEMENT NUMBER 25207 NAME/TYPE OF AGREEMENT GENISIS GLOBAL LLC DESCRIPTION SUPPLEMENTAL AGREEMENT NO. FB-01793/FUEL STATION MAINTENANCE, REPAIRS & SERVICES/MATTER ID: 24-1544 EFFECTIVE DATE October 7, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 10/7/2024 DATE RECEIVED FROM ISSUING DEPT. 10/7/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Aimee Gandarilla NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Genisis Global LLC EXT. 1906 IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO PURPOSE OF ITEM (BRIEF SUMMARY): Supplemental Agreement to MDC FB-01793 with Genisis Global LLC for Fuel Station Maintenance, Repairs, and Services. COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR/CHIEF PROCUREMENT OFFICER August 25, 2024 Annie Perez, CPPO I 20:26:23 clanetli, SIGNATURE: -'--- '''---7 �AaS nF y]t:A�FH RISK MANAGEMENT August 26, 2024 Ann -Marie Sharpe I 07:26:03 EDT SIGNATURE: [ ,,,,k (H,,, CITY ATTORNEY matter 24-1544 October 3, 2024SIGNATUJQE38 George K. Wysong III FJ etley rr C Ryso III 05 0040 0620. ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER October 4, 2024 Larry Spring, CPA I 14:18:16 EDT y SIGNATURE: f sPh,-) ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS Barbara Hernandez, MPA SIGNATURE: ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE Asael Marrero SIGNATURE: DEPUTY CITY MANAGER October 4, 2024 Natasha Colebrook -Williams 1 14:23:48 I=„.. SIGNATURE: N.z. 1.4 ed4,a.4-w:u .,., CITY MANAGER October 5, 2024 lrtY,F: r P IX-r SIGNATURE: Qrflu�r 4"v; Ceso---- CITY CLERK October 7, 2024TQd HgOn9n1 EDT SIGNATURE:' PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PROFESSIONAL SERVICES AGREEMENT OVERVIEW PSA TITLE: Supplemental Agreement to Miami -Dade County FB-01793 for Fuel Station Maintenance, Repairs, and Services 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ ❑ City Manager — Authority level of $ • City Commission — RESOLUTION No. 2. PROCUREMENT METHOD: ❑ RFP/RFQ ❑ IFB ❑ SOLE SOURCE 0 PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): 3. WHAT IS THE SCOPE OF SERVICES? This is to access the services stated on the contract for Fuel Station Maintenance, Repairs and Services. 4. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? GSA 5. IS THE AWARDEE INCUMBENT? N/A 6. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A 7. WHEN DOES THE CURRENT CONTRACT EXPIRE? N/A 8. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 9. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Group 1: Routine Maintenance: Award to be made to all Responsive and Responsible vendors commencing in the order representing the lowest price, meeting the minimum qualifications. Group 2: Emergency Mitigation: Award to be made to all Responsive and Responsible vendors commencing in the order representing the lowest price, meeting the minimum qualifications. Group 3: Pre -Qualification of Vendors to Purchase Services for Future Price Competition (Pre - Qualification Pool): Spot Market Quotes City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Victoria Giraldo Contact Person Procurement Contracting Officer Title 8/21/2024 Date: Procurement Requesting Client (305) 416-1916 Telephone Legal Service Requested: Matter No. 24-1544: Supplemental Agreement to MDC FB-01793 with Genisis Global LLC for Fuel Station Maintenance, Repairs, and Services. Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: Issue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 CITY OF MIAMI SUPPLEMENTAL AGREEMENT TO MIAMI-DADE COUNTY CONTRACT NO. FB-01793 BETWEEN MIAMI-DADE COUNTY AND GENISIS GLOBAL LLC FOR FUEL STATION MAINTENANCE, REPAIRS, AND SERVICES This Supplemental Agreement ("Agreement") is entered into as of this 7th day of October , 2024, by and between the City of Miami ("City"), a municipal corporation in the State of Florida ("Florida"), and Genisis Global LLC ("Contractor") a limited liability company authorized to conduct business within the State of Florida ("Contractor"). Recitals WHEREAS, Contractor was awarded Miami -Dade County Contract No. FB-01793 for the provision of Fuel Station Maintenance, Repairs, and Services, as further defined therein ("Services"), Miami -Dade County ("County") award recommendation dated July 08, 2021, attached and incorporated herein as Exhibit "A" ("Solicitation"), as a result of a competitive process through Miami -Dade County Solicitation No. FB-01793; and WHEREAS, the City desires to engage Contractor for the Services on an as needed basis; and WHEREAS, the City and Contractor desire to enter into this Agreement, utilizing the underlying Base Agreement in compliance with Section 18-111 of the Code of the City of Miami, Florida, as amended ("City Code"), subject to the terms and conditions as hereinafter set forth; and NOW, THEREFORE, for and in consideration of the terms, conditions, and mutual covenants contained herein and other good and valuable consideration received by each party, the sufficiency of which are hereby acknowledged, the City and Contractor hereby agree as follows: 1. The Recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The following exhibits are attached hereto and are hereby incorporated into and made a part of this Agreement: a. Exhibit A — County Award Recommendation b. Exhibit B — Solicitation c. Exhibit D — Corporate Resolution or Other Proof of Authority d. Exhibit E — Anti -Human Trafficking Affidavit e. Exhibit F — Certificate of Insurance In the event of a conflict between the provisions of this Agreement or any of its exhibits, the conflict shall be resolved in favor this Agreement then the priority order indicated above. 2. The City and Contractor agree to be governed by the terms and conditions as set forth in the Base Agreement, subject to the following modifications: 2.1 Contractor Responsibilities: Contractor has agreed to furnish the Fuel Station Maintenance, Repairs and Services further described in the Base Agreement, as indicated in the Scope of Work of the Base Agreement Section 3 Technical Specifications, as attached, with the following exceptions: Page 1 of 12 i.AII references to "Miami -Dade County" or the "County" shall be deleted and replaced with the "City" as applicable throughout the Exhibit. ii.All references to "County Commission" shall be stricken and replaced with the "City Commission" as applicable throughout the Solicitation. iii.Contractor shall provide the Services to the City. iv.Contractor's responsibilities will commence on the effective date of this Agreement. 2.2 Supplemental Clauses: 2.2.1 Base Agreement, General Terms and Conditions, Section 1.16, titled Subcontracting, is hereby deleted in its entirety and replaced with the following language: Independent Contractor: This Agreement does not create an employee/employer relationship between the parties. It is the express intent of the parties that Contractor is an independent Contractor under this Agreement and not the City's employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, any benefits under the City Pension Ordinances, and the State unemployment insurance law. Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractors activities and responsibilities hereunder. Contractor agrees that it is a separate and independent enterprise from the City, that it has full opportunity to find other business, that it makes its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship, joint venture partnership or other affiliated entity status between Contractor and the City and the City shall not be liable for any obligation incurred by Contractor, including, but not limited to, unpaid minimum wages and/or overtime premiums. In this regard, the City shall not be responsible for any debts, defaults, acts or omissions of Contractor or its officials, agents, servants and employees. 2.2.2 Base Agreement, General Terms and Conditions, Section 1.18, titled Assignment, is hereby deleted in its entirety and replaced with the following language: Assignment: Contractor was selected for these services due to their particular and unique experience in the subject matter of this Agreement which Agreement is not freely assignable or transferable. This Agreement shall not be assigned, sold, transferred, or otherwise sold, by Contractor, in whole or in part, and Contractor shall not assign any part of its operations, without the prior written consent of the City Manager, which may be denied, withheld or conditioned, in the City's sole discretion, through the City Manager. Contractor shall have no recourse from the City Manager's refusal to approve this Assignment, other than to cancel the Agreement. 2.2.3 Base Agreement, General Terms and Conditions, Section 1.21, titled Indemnification, is hereby deleted in its entirety and replaced with the following language: Indemnification: A. Contractor shall further indemnify, defend (at its own cost), save and hold harmless the City, its officers, agents, directors, employees, agencies, and instrumentalities (individually and collectively the "Indemnitees") harmless against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the Services, even if it is alleged that the Indemnitees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, Contractor shall, upon written notice from Page 2 of 12 the City, resist and defend (at its own cost) such action or proceeding by counsel satisfactory to the City. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, defend, save and hold harmless the Indemnitees as herein provided. B. The indemnification provided above shall obligate Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by Contractor, or persons employed or utilized by Contractor. C. These duties shall survive the cancellation or expiration of the Agreement. This Section shall be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. D. Contractor shall require all sub -contractor agreements to include a provision that each sub- contractor shall indemnify the City in substantially the same language as this Section. Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of Contractor in which the City participated either through review or concurrence of Contractor's actions. In reviewing, approving or rejecting any submissions by Contractor or other acts of Contractor, the City, in no way, assumes or shares any responsibility or liability of Contractor or sub -contractors under this Agreement. E. Ten dollars ($10.00) of the payments made by the City shall constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by Contractor. 2.2.4 Base Agreement, General Terms and Conditions, Section 1.25, titled Termination for Convenience, is hereby deleted in its entirety and replaced with the following language: Termination for Convenience: The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to Contractor at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Contractor compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Contractor for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. Contractor shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. 2.2.5 Base Agreement, General Terms and Conditions, Section 1.34, titled Audits — Access to Records, is hereby deleted in its entirety and replaced with the following language: Audit and Inspection Rights and Records Retention: A. Contractor agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this Agreement, for the purpose of audits, examinations, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Contractor under this Agreement and closure of all other pending matters, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Contractor which are related to Contractor's performance under this Agreement. Contractor agrees to maintain all such Page 3 of 12 books, documents, papers, and records at its principal place of business in Miami -Dade County, or its local office in Miami -Dade County or to otherwise make them available in Miami -Dade County. Contractor's failure to adhere to, or refusal to comply with, this condition shall result in the immediate termination of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Contractor under this Agreement conform to the terms hereof. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All audits, tests and inspections shall be subject to, and made in accordance with, the provisions of Sections 18-99, 18-100, 18-101, and 18-102 of the Code of the City of Miami, Florida ("City Code"), which Sections apply to this Agreement, as same may be amended or supplemented, from time to time. 2.2.6 Base Agreement, General Terms and Conditions, Section 1.49, titled Nondiscrimination, is hereby deleted in its entirety and replaced with the following language: Non -Discrimination, Equal Employment Opportunity, and Americans with Disabilities Act: Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under this Agreement. Furthermore, Contractor affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and the employment of personnel, Contractor shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 2.2.7 Base Agreement, General Terms and Conditions, Section 1.50, titled Public Records and Contracts for Services Performed on Behalf of Miami -Dade County, is hereby deleted in its entirety and replaced with the following language: Public Records: A. Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. Page 4 of 12 B. Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this Service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if Contractor does not transfer the records to the City; (4) upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of Contractor or keep and maintain public records required by the City to perform the Service, if Contractor transfers all public records to the City upon completion of the Agreement, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, if Contractor keeps and maintains public records upon completion of the Agreement, Contractor shall meet all applicable requirements for retaining public records, all records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. Notwithstanding the foregoing, Contractor shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Contractor determine to dispute any public access provision required by Florida Statutes, then Contractor shall do so at its own expense and at no cost to the City. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 S.W. 2ND AVENUE, 9TH FLOOR, MIAMI, FL 33130. CONTRACTOR MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHICH IS ADMINISTERING THIS AGREEMENT. 2.2.8 Base Agreement, General Terms and Conditions, Section 1.22, and Special Terms and Conditions, Section 2.10, each titled Insurance Requirements, are hereby deleted in their entirety and replaced with the following language: Insurance Requirements: Contractor shall provide and maintain, in force at all times during the Agreement with the City, such insurance, including Workers' Compensation and Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions Insurance, as may be applicable and required, to assure the protection contained in the foregoing indemnification undertaken by Contractor. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations $1,000,000.00 $2,000,000.00 $1,000,000.00 $1,000,000.00 Page 5 of 12 Not to exclude: Products and Completed Operations and Explosion, Collapse, and Underground Hazards. B. Endorsements Required City of Miami listed as additional insured Primary Non -Contributory Insurance Clause Endorsement Contingent Exposures Included Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit $1,000,000.00 $2,000,000.00 Not to exclude: All -owned auto, non -own auto and hired vehicles used in connection with the work. B. Endorsements Required City of Miami listed as additional insured Primary Insurance Clause Endorsement All owned,non-owned Included Vehicles owned by individuals will not be authorized. Pollution Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit $1,000,000.00 $2,000,000.00 B. Endorsements Required City of Miami listed as additional insured The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance with policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" 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. All policies and/or certificates of insurance are subject to review and verification by the City's Risk Management Department prior to insurance approval. A Certificate of Insurance acceptable to the City shall be provided listing the above coverages and providing thirty (30) days prior written notice to the City in the case of cancellation. The City shall be named as an additional insured on all liabilities, except professional liability and workers' compensation coverage, as may be applicable and Page 6 of 12 required. A copy of the certificate shall be mailed to the City's Risk Management Department at the time Contractor executes this Agreement. 2.3 Additional Terms: The following clauses shall be added to this Agreement: 3.1 Notices: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO THE CITY: Arthur Noriega V City Manager 3500 Pan American Drive Miami, Florida 33133 With copies to: George K. Wysong III City Attorney City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130 Annie Perez, CPPO Procurement Director City of Miami 444 S.W. 2nd Avenue, 6th Floor Miami, Florida 33130 TO THE CONTRACTOR: Genisis Global LLC 16600 NW 54 Ave No. 14 Miami, FL 33014 3.2 Laws and Ordinances Contractor shall be responsible to follow and observe all applicable laws, rules, regulations, and ordinances of the City, County, State, or Federal governments or other public agencies having jurisdiction over the subject matter of this Agreement relating to the activities, undertakings and operations being conducted pursuant to this Agreement. 3.3 Mediation: These parties may, at their discretion, agree in writing to resolve any dispute between them arising under this Agreement by submitting such dispute to non —binding mediation by a certified mediator in Miami -Dade County, Florida. The parties shall split the cost of the mediator. The decision of the mediator shall not be binding. 3.4 Contingency Clause: Funding for this Agreement is contingent on the availability of funds and continued authorization for Services and the Agreement is subject to amendment or termination due Page 7 of 12 to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws, City programs or policies, or regulations, upon thirty (30) days written notice. 3.5 City Not Liable for Delays: Contractor hereby understands and agrees that in no event shall the City be liable for, or responsible to Contractor or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in Services herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 3.6 Use of Name: Contractor understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity related purposes. Contractor is allowed, within the limited scope of normal and customary marketing and promotion of its Services, to use the general results of this Agreement and the name of the City. Contractor agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. 3.7 No Conflict of Interest: Pursuant to Section 2-611 of the City Code, regarding conflicts of interest, Contractor hereby certifies to the City that no individual member of Contractor, no employee, and no subcontractors under this Agreement or any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Contractor hereby represents and warrants to the City that throughout the term of this Agreement, Contractor, its employees, and its subcontractors will abide by this prohibition of the City Code. 3.8 No Third -Party Beneficiary: No persons other than Contractor and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 3.9 Truth -in -Negotiation Certification, Representation and Warranty: Contractor hereby certifies, represents, and warrants to the City that on the date of Contractor's execution of this Agreement, and for so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Contractor under this Agreement are and will continue to be accurate, complete, and current. Contractor understands, agrees, and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the Agreement price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such Agreement adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 3.10 Force Maieure: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than Page 8 of 12 monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 3.11 Counterparts; Electronic Signatures: This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 3.12 E-Verify Employment Verification: By entering into this Agreement, Contractor and its subcontractors are jointly and severally obligated to comply with the provisions of Section 448.095, Florida Statutes, as amended, titled "Employment Eligibility." Contractor affirms that (a) it has registered and uses the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees of Contractor; (b) it has required all subcontractors to this Agreement to register and use the E-Verify system to verify the work authorization status of all new employees of the subcontractor; (c) Contractor can provide an affidavit from all subcontractors to this Agreement attesting that the subcontractor does not employ, contract with, or subcontract with, unauthorized aliens; and (d) it shall maintain copies of any such affidavits for the duration of the Agreement. Registration information is available at: http://www.uscis.gov/e-verify. If the City has a good faith belief that Contractor has knowingly violated Section 448.09(1), Florida Statutes, then City shall terminate this Agreement in accordance with Section 448.095(5)(c), Florida Statutes. In the event of such termination, Contractor agrees and acknowledges that it may not be awarded a public contract for at least one (1) year from the date of such termination and that Contractor shall be liable for any additional costs incurred by the City because of such termination. In addition, if City has a good faith belief that a subcontractor has knowingly violated any provisions of Sections 448.09(1) or 448.095, Florida Statutes, but Contractor has otherwise complied with its requirements under those statutes, then Contractor agrees that it shall terminate its contract with the subcontractor upon receipt of notice from the City of such violation by subcontractor in accordance with Section 448.095(5)(c), Florida Statutes. Any challenge to termination under this provision must be filed in the Circuit or County Court by the City, Contractor, or subcontractor no later than twenty (20) calendar days after the date of said termination. 3.13 Force Maieure: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking Page 9 of 12 delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 3.14 Antitrust Violator Vendors: A person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 3.15 Anti -Human Trafficking: The Vendor confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Vendor shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit "E." If the Vendor fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Vendor for any additional compensation or for any consequential or incidental damages. [SIGNATURE PAGE FOLLOWS] Remainder of page intentionally left blank. Page 10 of 12 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: By: Print Name: Ivana Dujmovic Title: Office Manager "Genisis Global LLC" a Florida Limited Liability Company By: Or\ Print Name: Percy Newland Title: General Manager (Corporate Seal) (Authorized Corporate Officer) "City" CITY OF MIAMI, a municipal ATTEST: corporation Signed by: Todd B. Hannon, City Clerk Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE AND CORRECTNESS: REQUIREMENTS: CGwv, � Ir�N50ln.f� III aa»fiFg F a George K. Wysong III 24-1544 City Attorney DSn LF ['ram amt") Ann -Marie Sharpe Risk Management Director Page 11 of 12 Title: COMPANY,REaLLIUTION (This Resolution needs to authorize the signatory to sign.) WHEREAS, GENISIS GLOBAL LLC a Florida (Company type: Inc., LLC), desires to enter into this Agreement with the City for the purpose of performing the Services described in the Agreement to which this Resolution is attached; and WHEREAS, the GENISIS GLOBAL Board of Managers (Board type: Board of Directors for Inc., Board of Managers for LLC) at a duly held Company Meeting has considered the matter in accordance with the Bylaws of the Company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD of Managers (same as identified above) that this Company is authorized to enter into the Agreement with the City, and the Office Manager (Company officer title) and the General Manager (Company officer title) are hereby authorized and directed to execute the Agreement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this day of , 202 C I S G (� `c-34I LLC_ ("Contractor") An RLomt'J O (State) Company (sign) () Print Name: A\E\Uk POZ Title: GQ_L-Q,4\ (Am vv v1/4.4. Print Name: (sign) State of Florida Palm Beach County The foregoing instrument was acknowledged before me by mea of Y1 ph I prsence or [ ine notarization this day of Aiv('CA4r 20., by i°i i c t JJ& MAAA 1 INANA 001ri )? L Personally Known ( ] or Prt;duced Identification Type of Identification Bfiif Vitro f/1% Notary Public State of Florida Patrick Elie metzi My Commission HH 469130 Expires 3/23/2028 Page 12 of 12 ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: GENISIS GLOBAL LLC Name: Percy Newl d Officer Title: General Manager Signature of Officer: Office Address: 16600 NW 54 Ave #14 Email Address: newland@tryapsi.com Main Phone Number: (305) 430-8500 FEIN No. 82 -1/8/4/6/5/9/6 STATE OF FLORIDA COUNTY OF MIAMI-DADE [ he foregoing instrument was sworn to and subscribed before me by means of L physical presence or 0 online notarization, this q day of A UG p by 1 ? 14400 -0, as the authorized officer or representative for the nongovernmental entity.. He/she is personally known to me or has produced ilttVirkki t,1 NY' as identification. (NOTA PUBLICrS )rubiic State of Florida Patrick Elie maimMy Commission HH 469130 Expires 3/23/2028 My Commission Expires: QI `3 i1 iirture of Person Oath (Printed, Typed, or Stamped Name of Notary Public) Exhibit A OFFICIAL FILE COPY CLERK OF THE BOARD OF COUNTY COMMISSIONERS MI i.I-DADE COUNTY, FLORIDA Date: July 8, 2021 To: Honorable Chairman Jose "Pepe" Diaz M IAM I•DADE Memorandum COUNTY and Members, Board of County Commissioners From: Daniella Levine Cava Mayor Agenda Item No. 8(F)(12) CResolution No. R-644-21 Subject: Recommendation for Approval to Award Fuel Service Station Maintenance, Repair and Services Recommendation It is recommended that the Board of County Commissioners (Board) approve a competitive contract award, Contract No. FB-01793, Fuel Service Station Maintenance, Repair and Services for multiple County Departments. The current contract, 7809-1/20-1, Removal, Installation, Repair, Maintenance and Testing of Service Station Equipment and Fuel Storage Facilities, was established by the Board on December 7, 2010, through Resolution No. R-1179-10, for an initial term of five years with one, five-year option to renew term and a cumulative allocation of $32,014,000. The contract was subsequently modified for $430,000 in additional expenditure authority, as well as extended under delegated authority for additional six months. At inception, there were six awarded bidders, of which two had local addresses. This contract will provide for the purchase of routine maintenance and emergency mitigation services, through Groups 1 and 2 respectively, for the County's service stations and facilities used by the Department of Transportation and Public Works, Internal Services Fleet Management Division, Aviation, Corrections and Rehabilitation, Fire Rescue, PortMiami, Parks, and Recreation and Open Spaces, and the Water and Sewer departments. There were seven bids submitted under Groups 1 and 2, including two "No Bids." Three responsive and responsible bidders are being recommended for award. A companion item is being presented to the Board in parallel to this item, recommending the establishment of a prequalification pool under Group 3 of the solicitation. This item is placed for Board review pursuant to Miami -Dade County Code Section 29-124(f)(ii). Because this is a transit -related procurement with a value of more than $1 million (in the aggregate when you consider this item and the companion item), even though no Charter County Transportation Surtax Funds will be used to pay the costs, the Board may only consider this item if the Citizens' Independent Transportation Trust (CITT) has forwarded a recommendation to the Board prior to the date scheduled for Board consideration or 45 days have elapsed since the issuance of this recommendation. If CITT has not forwarded a recommendation and 45 days have not elapsed since the issuance of this recommendation, a withdrawal of this item will be requested. Further, it should be noted that of the $3,813,000 being requested in this item, only $558,700 is for the Transportation and Public Works Department. Scope The scope of this item is countywide in nature. Fiscal Impact/Funding Source The fiscal impact for the five-year term is $3,813,000, of which $3,118,000 is for Group 1 and $695,000 is for Group 2. The allocation under Group 3, the companion item, is $6,607,000, and the cumulative fiscal impact for both items is $10,420,000. The current contract, 7809-1/21-1 is valued at $32,873,525 for a ten-year and six month term and expires on July 31, 2021. The allocation under this replacement contract is consistent with the average usage under the current contract. 1 Honorable Chairman Jose "Pepe" Diaz and Members, Board of County Commissioners Page 2 Department Allocation Funding Source Contract Manager Aviation $222,000 Proprietary Funds Neivy Garcia Corrections $18,500 General Fund Zuleika Davidson Fire Rescue $148,000 Fire District Marianela Betancourt Internal Services $1,241,350 Internal Service Funds Rey Llerena/Pete Moolah PortMiami $37,000 Proprietary Funds Gyselle Pino Transportation and Public Works $558,700 Operating Fund Angela Mathews-Tranumn Water and Sewer $1,587,450 Proprietary Funds Fred Taylor Total: $3,813,000 Track Record/Monitor Vanessa Stroman of the Internal Services Department is the Procurement Contracting Manager. Delegated Authority If this item is approved, the County Mayor or County Mayor's designee will have the authority to exercise all provisions of the contract, including any cancellation, or extension provisions, pursuant to Section 2- 8.1 of the County Code and Implementing Order 3-38. Vendors Recommended for Award An Invitation to Bid was issued under full and open competition. Seveneven bids were received for Groups 1 and 2, including two "No Bids." Pursuant to Resolution No. R-477-18, three bidders are recommended for award under Groups 1 and 2 in accordance with the method of award per the solicitation, of which two have local addresses and one is non -local. Vendor Principal Address Local Address*1) Number of Employee Residents Principal Award Miami -Dade 2) Percentage* Cherokee 12981 NW 113 Court 28 Alex E. Groups 1 and Enterprises, Inc. Medley, FL Same 42% Sanchez 2 Florida Metro 140 SW First Avenue 0 Danise A. Groups 1 and Construction Co., Dania Beach, FL None 0% Steiner 2 Inc. Genisis Global, LLC 16600 NW 54 Avenue 6 Percy J. Groups 1 and dba Advanced Petroleum Systems Number 14 Miami, FL Same 66% Newland 2 *Provided pursuant to Resolution No. R-1011-15. Percentage of employee residents is the percentage of vendor's employees who reside in Miami -Dade County as compared to the vendor's total workforce. 2 Honorable Chairman Jose "Pepe" Diaz and Members, Board of County Commissioners Page 3 Vendors Not Recommended for Award Vendor Local Address Reason for Not Recommending Everglades Diesel Injection Service No No Bid* Right Trailers No JF Acquisition, LLC No Vendor did not complete the vendor registration requirements, which is a condition of award. Speedy Tune Ups Corp. Yes Vendor did not provide pricing for any item under Groups 1 and 2. *A "No Bid" means the vendor responded indicating that it will not be providing an offer. Due Diligence Pursuant to Resolution No. R-187-12, due diligence was conducted in accordance with the Internal Services Department's Procurement Guidelines to determine vendor responsibility, including verifying corporate status and that there are no performance and compliance issues. The lists that were referenced included convicted vendors, debarred vendors, delinquent contractors, suspended vendors, and federal excluded parties. There were no adverse findings relating to vendor responsibility. Pursuant to Resolution No. R-140-15, prior to re -procurement, a full review of the scope of services was conducted to ensure the replacement contract reflects the County's current needs. The review included conducting market research, posting a draft solicitation for industry comment, and holding meetings and drafting sessions with the user departments. The scope of services was updated to include changing the scope of work. Applicable Ordinances and Contract Measures • The two percent User Access Program provision applies where permitted by the funding source. • The Small Business Enterprise Bid Preference and Local Preference were applied where permitted by the funding source. • The Living Wage does not apply. Jimmy Morales Chief Operations Officer 3 MEMORANDUM (Revised) TO: Honorable Chairman Jose "Pepe" Diaz and Members, Board of County Commissioners FROM: tt"' : onzon-Keenan County Attorney DATE: July 8, 2021 SUBJECT: Agenda Item No. 8(F)(12) Please note any items checked. "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (Le., 2/3's present , 2/3 membership , 3/5's , unanimous , CDMP 7 vote requirement per 2-116.1(3)(h) or (4)(c) , CDMP 2/3 vote requirement per 2-116.1(3)(h) or (4)(c) , or CDMP 9 vote requirement per 2-116.1(4)(c)(2) ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required 4 Approved Mayor Agenda Item No. 8(F)(12) Veto 7-8-21 Override RESOLUTION NO. R-644-21 RESOLUTION APPROVING AWARD OF CONTRACT NO. FB- 01793 GROUPS 1 AND 2 TO CHEROKEE ENTERPRISES, INC., FLORIDA METRO CONSTRUCTION CO., INC., GENISIS GLOBAL, LLC DBA ADVANCED PETROLEUM SYSTEMS, AND JF ACQUISITION, LLC FOR THE PURCHASE OF FUEL SERVICE STATION MAINTENANCE, REPAIR AND SERVICES FOR MULTIPLE DEPARTMENTS WITH AN AMOUNT NOT TO EXCEED $3,813,000.00, CONSISTING OF $3,118,000.00 FOR GROUP 1 AND $695,000.00 FOR GROUP 2, FOR A FIVE-YEAR TERM; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO GIVE NOTICE OF THIS AWARD FOR GROUPS 1 AND 2 TO CHEROKEE ENTERPRISES, INC, FLORIDA METRO CONSTRUCTION CO., INC, GENISIS GLOBAL, LLC DBA ADVANCED PETROLEUM SYSTEMS, AND JF ACQUISITION, LLC, ISSUE THE APPROPRIATE PURCHASE ORDERS TO GIVE EFFECT TO SAME AND EXERCISE ALL PROVISIONS OF THE CONTRACT, INCLUDING ANY CANCELLATION OR EXTENSION PROVISIONS, PURSUANT TO SECTION 2-8.1 OF THE CODE OF MIAMI- DADE COUNTY, FLORIDA AND IMPLEMENTING ORDER 3- 38 WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves award of Contract No. FB-01793 Groups 1 and 2 to Cherokee Enterprises, Inc., Florida Metro Construction Co., Inc., Genisis Global, LLC dba Advanced Petroleum Systems, and JF Acquisition, LLC for the purchase of fuel service station maintenance, repair and services for multiple departments with an amount not to exceed $3,813,000.00, consisting of $3,118,000.00 for Group 1 and $695,000.00 for Group 2, for a five-year term; and authorizes the County Mayor 5 Agenda Item No. 8(F)(12) Page No. 2 or County Mayor's designee to give notice of this award for Groups 1 and 2 To Cherokee Enterprises, Inc., Florida Metro Construction Co., Inc., Genisis Global, LLC dba Advanced Petroleum Systems, and JF Acquisition, LLC, issue the appropriate purchase orders to give effect to same and exercise all provisions of the contract, including any cancellation or extension provisions, pursuant to section 2-8.1 of the Code of Miami -Dade County, Florida and Implementing Order 3-38. A copy of the contract document is on file with and available upon request from the Internal Services Department, Strategic Procurement Division. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Rebeca Sosa Joe A. Martinez Jose "Pepe" Diaz, Chairman aye Oliver G. Gilbert, III, Vice -Chairman aye Sen. Rene Garcia aye Keon Hardemon aye Sally A. Heyman absent Danielle Cohen Higgins aye Eileen Higgins aye Joe A. Martinez aye Kionne L. McGhee absent Jean Monestime aye Raquel A. Regalado aye Rebeca Sosa aye Sen. Javier D. Souto aye 6 Agenda Item No. 8(F)(12) Page No. 3 The Chairperson thereupon declared this resolution duly passed and adopted this 8th day of July, 2021. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this resolution and the filing of this approval with the Clerk of the Board. Approved by County Attorney as to form and legal sufficiency. Bruce Libhaber MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Melissa Adames By: Deputy Clerk 7 Memorandum To: Honorable Chairman Jose "Pepe" Diaz and Members, Board of County Commissioners From: Date: Re: Javier A. Betancourt, Executive Director June 25, 2021 CITT AGENDA ITEM 7C: RESOLUTION BY THE CITIZENS' INDEPENDENT TRANSPORTATION TRUST RECOMMENDING THE BOARD OF COUNTY COMMISSIONERS (BCC) APPROVE AWARD OF CONTRACT NO. FB-01793 GROUPS 1 AND 2 TO CHEROKEE ENTERPRISES, INC., FLORIDA METRO CONSTRUCTION CO., INC., GENISIS GLOBAL, LLC DBA ADVANCED PETROLEUM SYSTEMS, AND JF ACQUISITION, LLC FOR THE PURCHASE OF FUEL SERVICE STATION MAINTENANCE, REPAIR AND SERVICES FOR THE DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS WITH AN AMOUNT NOT TO EXCEED $558,700.00, FOR A FIVE-YEAR TERM; AND AUTHORIZE THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO GIVE NOTICE OF THIS AWARD FOR GROUPS 1 AND 2 TO CHEROKEE ENTERPRISES, INC, FLORIDA METRO CONSTRUCTION CO., INC, GENISIS GLOBAL, LLC DBA ADVANCED PETROLEUM SYSTEMS, AND JF ACQUISITION, LLC, ISSUE THE APPROPRIATE PURCHASE ORDERS TO GIVE EFFECT TO SAME AND EXERCISE ALL PROVISIONS OF THE CONTRACT, INCLUDING ANY CANCELLATION OR EXTENSION PROVISIONS, PURSUANT TO SECTION 2-8.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA AND IMPLEMENTING ORDER 3-38 (DTPW/ISD — BCC LEGISLATIVE FILE NO. 211250) SURTAX FUNDS ARE NOT REQUESTED On June 24, 2021, the CITT voted (10-0) to forward a favorable recommendation to the Board of County Commissioners (BCC) for the approval of the above referenced item, CITT Resolution No. 21-026. The vote was as follows: Joseph Curbelo, Chairperson — Aye Oscar J. Braynon, 1st Vice -Chairperson — Aye Alfred J. Holzman, 2nd Vice -Chairperson — Aye Hon. Peggy Bell — Absent Glenn J. Downing, CFP® — Aye Jonathan Martinez — Aye Marilyn Smith — Aye Mary Street, Esq. — Aye Meg Daly — Absent Ashley V. Gantt, Esq. — Absent Paul J. Schwiep, Esq. — Aye L. Elijah Stiers, Esq. — Aye Robert Wolfarth — Aye c: Jimmy Morales, Chief Operations Officer Bruce Libhaber, Assistant County Attorney8 Miami -Dade County Solicitation FB-01793 Exhibit B Solicitation FB-01793 uel Service tation Maintenance, Repair and Services Solicitation Designation: Public MIAMI.DADEA Miami -Dade County 1/15/2021 2:59 PM p. 1 Miami -Dade County Solicitation FB-01793 Solicitation Number Solicitation Title Solicitation FB-01793 Fuel Service Station Maintenance, Repair and Services FB-01793 Fuel Service Station Maintenance, Repair and Services Solicitation Start Date Dec 22, 2020 10:22:30 AM EST Solicitation End Date Feb 10, 2021 6:00:00 PM EST Question &Answer Jan 11, 2021 6:00:00 PM EST End Date Solicitation Contact Solicitation Contact Solicitation Contact Contract Duration Contract Renewal Prices Good for Katherine Sosa Procurement Contracting Officer 1 ISD - Procurement Management Services 305-375-2851 e321782@miamidade.gov Jesus Lee 305-375-4264 fjl@miamidade.gov Vanessa Stroman Procurement Contracting Manager ISD - Procurement Management Services 305-375-4263 Vanessa.Stroman@miamidade.gov See Bid Documents See Bid Documents See Bid Documents Solicitation Comments The purpose of this solicitation is to establish a contract for the purchase of Routine Maintenance (Group 1) and Emergency Mitigation (Group 2) for the County's service stations and facilities, and a pre -qualification pool (Group 3) to Purchase Services for Future Price Competition to consist of, but not limited to, the installation, testing, maintenance and repair services for service stations, facilities, structures, fuel dispensing and storage related equipment, and maintenance of other similar County facilities, in conjunction with the County's needs. Added on Jan 15, 2021: TO: ALL PROSPECTIVE BIDDERS/PROPOSERS SUBJECT: SOLICITATION NO.: FB-01793 TITLE: Fuel Service Station Maintenance, Repair and Services This Addendum becomes a part of the subject solicitation. The following are changes to the solicitation: 1/15/2021 2:59 PM p. 2 Miami -Dade County Solicitation FB-01793 Addendum # 1 The solicitation will be extended through February 10, 2021 and the question and answer period will be extended through February 2, 2021. All terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply, except to the extent herein amended. Miami -Dade County, Katherine Sosa Procurement Contracting Officer c: Clerk of the Board Ian 111, 20211 6: 0:0011 M EST Addendum* 2 Previous End Date Jan 20, cw nd 110 bait - WOOPIell Newg &A. jantk 640SOPM Item Response Form Item FB-01793--01-01 - Fuel Service Station Maintenance Repair and Services Quantity 1 See Bid Documents Prices are not requested for this item. Delivery Location Miami -Dade County No Location Specified Qty 1 Description The purpose of this solicitation is to establish a contract for the purchase of Routine Maintenance (Group 1) and Emergency Mitigation (Group 2) for the County's service stations and facilities, and a pre -qualification pool (Group 3) to Purchase Services for Future Price Competition to consist of, but not limited to, the installation, testing, maintenance and repair services for service stations, facilities, structures, fuel dispensing and storage related equipment, and maintenance of other similar County facilities, in conjunction with the County's needs. 1/15/2021 2:59 PM P. 3 Miami -Dade County M IAM IDADE ADDENDUM NO. 1 January 15, 2021 TO: ALL PROSPECTIVE BIDDERSIPROPOSERS SUBJECT: SOLICITATION NO.: FB-01793 TITLE: Fuel Service Station Maintenance, Repair and Services Solicitation FB-01793 This Addendum becomes a part of the subject solicitation. The following are changes to the solicitation: The solicitation will be exbnded through February 10, 2021 All terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply, except to the extent herein amended. M iami-Dade County, Katherine Sosa Procurement Contracting Officer c: Clerk of the Board 1/15/2021 2:59 PM p. 4 Miami -Dade County Solicitation FB-01793 MIAM I•DADE COUNTY COUNTY MIAMI-DADE COUNTY, FLORIDA INVITATION TO BID (I T B ) 1/15/2021 2:59 PM 05052020 Rev. 20-1 P. 5 Miami -Dade County Solicitation FB-01793 GENERAL TERMS AND CONDITIONS: All General Terms and Conditions of Miami -Dade CountyProcurement Contracts are posted online. Bidders that receive an award from Miami -Dade County throug h Miami -Dade Countys competitive procurement process must anticipate the inclusion of these requirements in the resultant contract. These general terms and conditions are considered non- negotiable. The general terms and conditions include important instructions and requirements that affect all bids. By submitting a bid fora Miami -Dade County solicitation a bidder attests to its understanding of these General Terms and Conditions. All applicable terms and conditions pertaining to this solicitation and resultant contract(s) may be viewed online at the Miami -Dade County, Strategic Procurement Division's webpage by clicking on the below link: http://www.miam idade.gov/procurement/library/boilerplate/general-terms-and-conditions-r20-1.pdf NOTICETOALL BIDDERS: Bids are to be submitted electronicallythrough a secure mailbox at BidSync (www.bidsync.com) until the date and time indicated in the BidSync Solicitation End Date published in BidSync and in this solicitation document. It is the sole responsibility of the Bidder to ensure that its bid is in BidSync before the solicitation deadline. There is no cost to the Bidder to submit a bid for a Miami -Dade County solicitation via BidSync. Electronic submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files. For information concerning this solicitation, use the question/answer feature provided within the solicitation by BidSync, at www.bidsync.com. Questions of a material nature must be received prior to the date and time of the BidSync Solicitation Question & Answer End Date specified in the solicitation. Material changes, if any, to the solicitation will be made only by written addendum (see Addendum Section of BidSync site). Bidders must allow sufficienttime to complete online forms and upload all bid documents. All information and documents must be fully entered, uploaded, acknowledged ("Confirm") and recorded into BidSync before the date and time of the BidSync Solicitation End Date, or the system will stop the process and the submission will be considered late and will not be accepted. No part ofa bid can be submitted via hardcopy, email, or fax. 05052020 Rev. 20-1 1/15/2021 2:59 PM p. 6 Miami -Dade County Solicitation FB-01793 SECTION 2 SPECIAL TERMS AND CONDITIONS 2.1 PURPOSE The purpose of this solicitation is b establish a contract br the purchase of Routine Maintenance (Group 1) and Emergency Mitigation (Group 2) br the County's service stations and facilities, and a pre -qualification pool (Group 3) b Purchase Services br Future Price Competition b consist of, but not limited b, the installation, besting, maintenance and repair services br service stations, facilities, structures, fuel dispensing and sbrage related equipment, and mainbrnance of other similar County facilities, in conjunction with the County's needs. Placement in the Pool is not a contract between the County and the Vendor, but an acknowledgement that the Vendor meets the qualifications as outlined throughout this solicitation. Vendor Submittals will continue b be accepted throughout the berm of the solicitation br placement in such Pool. This segment of the solicitation shall be a pre -qualification pool under Group 3 b Purchase Services br Future Price Com petition. The County, at its sole discretion, reserves the right b award or reject any Bid, pre -qualify or reject any Vendor, their parts or services offered. 2.2 TERM The contract and pre -qualification pool 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 Blanket Purchase Order issued by the Internal Services Department, Strategic Procurement Division. The contract shall expire on the last day of the sixty (60) months. 2.3 MINIMUM REQUIREMENTS Vendors shall possess valid licenses at lime of submittal and throughout the term of the contractlpool. Failure b meet any of the below listed requirements will deem the vendor's submittal non -responsive. For Groups 1 and 2, subcontractor(s) shall be identified on the Subcontracbrs Form at the time of submittal, and shall comply with all the requirements of this solicitation b be authorized by the County. To be considered for award of Groups 1 and 2, vendors shall comply with and provide proof for the following minimum requirements: a. Vendors shall provide the company's and employee's Pollutant Storage System Contractor's License, issued by Stabs of Florida Department of Business and Professional Regulations. b. Vendors shall have an employee who has completed and maintained the Hazardous Waste Operation (HAZWOPR) 40 hour initial course and yearly refresher course. c. Vendors' employee shall be Veeder Root Installer Certified (level 3 or greater). Should a Vendor choose b use a subcontractor, that subcontractor must possess a Veeder Root Installer Certification, however, it is not b be in lieu of the primary vendor possessing this certification. d. In accordance with the Code of M iami-Dade County, Florida, Section 10-3 (B), any person, firm, corporation or joint venture which submits an offer in response b a County solicitation shall, at the time of such offer, hold a valid Certificate of Competency for Gasoline Tank and Pump Installation Work issued by M iami Dade County Examining Board qualifying said person, firm, corporation or joint venture b perbrm the work proposed, unless a Pollutant Storage System Contracbr's License has been issued by the State of Florida Department of Business and Professional Regulations. It is b be noted that this certification is only required if the Pollutant Sbrage Stabs Sysbrm License is not held Page 1 of 15 1/15/2021 2:59 PM P. 7 Miami -Dade County Solicitation FB-01793 e. Vendors shall be regularly engaged in the business of providing maintenance and repair services of service station equipment and fuel storage facilities. Three references must be provided and must be from recent or current customers br whom the vendor has provided the services described in this solicitation. The references must include the customer's company name, and the name, titre, address, and telephone number of the contact person who can verify lhat the vendor has successfully provided the service that the vendor is offering under this solicitation. These references shall ascertain to the County's satisfaction lhat the vendor has sufficient experience and expertise in maintenance and repair services of service station equipment and fuel storage facilities. f. Vendors shall have an office within the geographic location of South Florida (defined as M iami-Dade, Broward, Palm Beach and Monroe Counties). A current Local Business Tax Certificab (or equivalent business tax payment document) showing the business location shall be provided. NOTE: Vendors shall submit the specified information listed above with their bid submittal form as proof of compliance with the requirements of this solicitation. However, the County may, at its sole discretion and in its best interest, allow Vendors to compleb, supplement, or supply the required information during the evaluation period. For Group 3, subcontractor(s) shall be identified on the Subconractors Form at the time of submittal and any future pricing competition, and shall comply with all the requirements of this solicitation to be authorized by the County. To be considered for prequalification of Group 3, vendors shall comply with and provide proof for the following minimum requirements: a. Vendors shall provide the company's and employee's Pollutant Storage System Contractor's License, issued by Stab of Florida Department of Business and Professional Regulations. b. Vendors shall have an employee who has completed and maintained the Hazardous Waste Operation (HAZWOPR) 40 hour initial course and yearly refresher course. c. Vendors' employee shall be Veeder Root Installer Certified (level 3 or greater). Should a Vendor choose to use a subcontractor, that subcontractor must possess a Veeder Root Installer Certification, however, it is not to be in lieu of the primary vendor possessing this certification. d. In accordance with the Code of M iami-Dade County, Florida, Section 10-3 (B), any person, firm, corporation or joint venture which submits an offer in response b a County solicitation shall, at the lime of such offer, hold a valid Certificate of Competency for Gasoline Tank and Pump Installation Work issued by M iami Dade County Examining Board qualifying said person, firm, corporation or joint venture b perbrm the work proposed, unless a Pollutant Storage System Contracbr's License has been issued by the State of Florida Department of Business and Professional Regulations. It is to be noted that this certification is only required if the Pollutant Storage Stab Sysbm License is not held e. Vendors shall be regularly engaged in the business of providing maintenance and repair services of service station equipment and fuel storage facilities. Three references must be provided and must be from recent or current customers br whom the vendor has provided the services described in this solicitation. The references must include the customer's company name, and the name, title, address, and telephone number of the contact person who can verify lhat the vendor has successfully provided the service that the vendor is offering under this solicitation. These references shall ascertain to the County's satisfaction lhat the vendor has sufficient experience and expertise in maintenance and repair services of service station equipment and fuel storage facilities. f. Vendors shall have an office within the geographic location of South Florida (defined as M iami-Dade, Broward, Palm Beach and Monroe Counties). A current Local Business Tax Certificate (or equivalent business tax payment document) showing the business location shall be provided. Page 2 of 15 1/15/2021 2:59 PM P. 8 Miami -Dade County Solicitation FB-01793 NOTE: Vendors shall submit the specified information listed above with their bid submittal form as proof of compliance with the requirements of this solicitation. However, the County may, at its sole discretion and in its best interest, allow Vendors b compleb, supplement, or supply the required information during the evaluation period. 2.4 METHOD OF AWARD (Group Basis) While the County will award b multiple Vendors b ensure availability, before issuing a purchase order b the awarded vendor, County staff, inclusive of the user departments, will verify that the vendor meets the purchase order requirements, which shall include insurance verification. If vendor cannot meet the purchase order requirements, the County may then order from the next lowest awarded Vendor offering the same specific service required. Staff must document any occurrence where an awarded Vendor can't meet the purchase order requirements prior b moving b the next lowest awarded Vendor. Award b multiple vendors is made for the convenience of the County and does not exempt any awarded Vendor from fulfilling its contractual obligations. Failure b perform as noted may result in an awarded Vendor being deemed in breach of contract The County may terminate the contract for default and charge the Vendor re -procurement costs. 2.4.1. Group 1: Routine Maintenance Award will be made b all responsive, responsible vendors commencing in the order representing the lowest price b the County, meeting the minimum qualifications and bid submittal requirements. This Progressive method of award ensures the immediab availability of more than one vendor b respond to emergencies County -wide. To be considered for award of this group, Vendors shall submit an offer on hourly labor rate. The County will use the hourly Labor Rate for Routine M aintenance b calculate the lowest overall fixed price per group. 2.4.2. Group 2: Emergency Mitigation Award will be made b all responsive, responsible vendors commencing in the order representing the lowest price b the County, meeting the minimum qualifications and bid submittal requirements. This Progressive method of award ensures the immediate availability of more than one vendor b respond to emergencies County -wide. To be considered for award of this group, Vendors shall submit an offer on the hourly labor rab. The County will use the hourly Labor Rate for Emergency Mitigation b calculate the lowest overall fixed price per group. 2.4.3. Group 3: Pre -Qualification of Vendors to Purchase Services for Future Price Competition (Pre -qualification Pool). Vendors may be pre -qualified under this group b participate in future price competition. All vendors meeting the minimum requirements, outlined in Section 2.3, Minimum Requirements, shall be pre - qualified b participatla in spot market quotas on an as -needed basis. Future price competition may be in the form of an Invitation b Quote (ITQ) or Work Order Proposal Request (WOPR) issued by the Department 2.5 SPOT MARKET QUOTES Vendors pre -qualified under Group 3 will be invited b participate in future spot market competition, as needed. The spot market competition will be in the form of an ITQ or WOPR that will include the specific goods and/or services required, and may include provisions, as applicable, such as: Page 3 of 15 1/15/2021 2:59 PM P. 9 Miami -Dade County Solicitation FB-01793 Small Business Enterprise (SBE) M easures • Warranty Requirements • Liquidated Damages • Living Wage • Delivery Requirements • Performance Bond For federally funded projects/programs, additional provisions may apply in accordance with the funding source. The following provisions from Section 1, General Terms and Conditions shall be exempt from such solicitations, as indicated in the ITQ or WOPR. • Local Preferences • User Access Program (UAP) Fee • SBE Measures • Local Certified Veteran Business Enterprise Preference • First Source Hiring Referral Program • SBE Prompt Payment Terms • Office of Inspecbr General Fee 2.6 CERTIFICATES 1 LICENSES If work for other trades is required in conjunction with this solicitation and will be performed by a subcontracbr(s), an applicable Certificate of Compefiency issued b the subcontracbr(s) shall be submitted with the prime vendor's offer; provided, however, that the County may at its option and in its best interest allow the vendor b supply the subcontracbr(s) certificate b the County during the offer evaluation period. In accordance with the provisions of M iami-Dade County's Charter, subcontracbrs performing services in/or br M iami-Dade County must show that they have been duly licensed by the Qualifications Board of the County prior b being awarded a contract by the County. All journeyman supplied b perform services in/and br M iami-Dade County must be licensed by the County's Building and Zoning Department, and carry their certification card when supplying services b the same. 2.7 PRICES The price offered is inclusive of all taxes, fees (federal, stab, and local) and all costs associatiad with the cleanup and disposing of all hazardous matiarials. 2.7.1. Repairs and Parts: Vendors will be paid by the County a fixed 20% markup b their invoice for Repairs. Vendors invoicing for Repairs shall be required b submit a Parts invoice attached b their invoice b the County b confirm their actual cost for parts for the Repair conducted. 2.7.2. Labor Prices br labor and services shall remain firm and fixed for a one-year period from the effective data of the Contract Prior b the end of the initial one-year period and br each subsequent year thereafhar, the County will review requests for price adjustments for services only based on the Producer's Price Index: PPI industry data br M aintianance and repair services tar commercial and service industry machinery, not seasonally adjustiad, Series ID: PCU8113108113106. htlps://data.bls.gov/pdq/SurveyOulputServlet PPI industry data for Commercial machinery repair and maintianance-Maintianance and repair services br commercial and service industry machinery, not seasonally adjusted. It is the awarded Vendors' responsibility Page 4 of 15 1/15/2021 2:59 PM p. 10 Miami -Dade County Solicitation FB-01793 b request pricing adjustments under this provision ninety (90) days prior b anniversary of the effective date of the contract Adjustments shall not be in excess of 5% increase each year. Adjustments may be increases or decreases and the County may consider either. The County reserves the right b reject any price adjustment requests submitted by the awarded Vendor. a. Hourly Rate (Groups 1 and 2) The hourly rate quoted shall be deemed b provide full compensation b the vendor for labor, equipment use, travel time, and any other element of cost or price. This race is assumed b be at straight -time br all labor, except as otherwise noted. Awarded Vendors shall provide the County with labor and materials in strict accordance with all solicitation requirements on an as needed basis. The County shall allow overtime payment at a maximum rate of one and a half (1 '/) times the regular hourly wages as stated within this contract (Section 4.0).This allowance shall only be provided in those instances where expressly authorized by a representative of the County prior b the commencement of the overtime work. If non-compliance in either regard is evident either from the offer itself or from subsequent evaluation proceedings, the offer may be considered non -responsive and ineligible for award under Groups 1 and 2. 2.8 METHOD OF PAYMENT The County shall provide payments br services rendered by the awarded Vendors. In order br the County b provide payment, the awarded Vendors shall submit a fully documented invoice that provides the basic information set forth below. The invoice shall be electronically submitted b the County department within thirty (30) calendar days after the service has been rendered. Paper or handwritten invoices will not be accepted. It shall be undersbod lhat such invoices shall not be submitted for payment until the time service has been complebd and a County representative has reviewed and approved the service. All invoices shall contain the bllowing basic information as stipulated in Section 1.34, in addition b the information below: • Crediting invoices must contain originally charged invoice number as a cross-reference. • When appropriate, invoices shall be directed b the attention of the Shop Facility Supervisor lhat assigned the work or placed the order and include the name of the vendor and their FEIN. I. County Inbrmation: • Full name and phone number of the County employee requesting service and the name of the County Depariment/Division /Location requesting service. II. Pricing Information: • Unit price of the goods, services or property provided in detail b include awarded labor rate, labor hours perbrmed, part number of items installed, and appropriate parts description. III. Goods or Services Provided per Contract • Each unique service perbrmed must be listed as a separate line item on the invoice b include but not limited b work requested, and description of service(s) provided. • The date service was requested and the data service was completed. 2.9 REGULATIONS Below are regulations currently identified by the County including, but not limited b the regulations below: Page 5 of 15 1/15/2021 2:59 PM p. 11 Miami -Dade County Solicitation FB-01793 ACCIDENT PREVENTION AND BARRICADES Precautions shall be exercised at all times for the protection of persons and property. All vendors performing services under this contract shall conform b all relevant OSHA, Static and County regulations during the course of such effort Any fines levy by the above mentioned authorities for failure b comply with these requirements shall be borne solely by the responsible vendor. Barricades shall be provided by the vendor when work is performed in areas traversed by persons, or when deemed necessary by the County Project Manager. ENVIRONM ENTAL REGULATIONS All work performed under this contract shall adhere b all M iami-Dade County RER, Static of Florida or Federal EPA mandated corrections, updates and activities or other relatiad activities required by new or existing legislation in the normal scope of wide based fueling station support INTERNATIONAL ORGANIZATION FOR STANDARDIZATION (ISO) In April 2003, Resolution R-374-03, establishing a policy for M iami-Dade County favoring waste -reduction, environmentally -based promotional activities and the purchasing of commodities containing recycled or recyclable content, was passed. It reestablished the Recycling Management Committee as the M iami-Dade Resource Conservation Committee under the Department of Environmental Resources Management The Resolution reaffirmed the County's commitment b was reduction and recycling in an effort b reduce the solid waste stream. It also reaffirmed the County's commitment b "closing the loop" through the purchase of recycled content materials. To close the recycling loop, there must be a demand b use recycled materials. It is therefore important b purchase products made from recycled materials, in an effort b stimulate the demand for recycled -content products and broaden the Committee's mission b include the promotion and facilitation of Environmentally Preferable Purchasing (EPP) of products and services. The Civil Environmental Engineering Division is responsible for tracking the Departments environmentally preferred purchasing and providing annual reports b the County Manager, Mayor and Board of County Com m issioners. LEGAL REQUIREM ENT FOR POLLUTION CONTROL It is the intent of these specifications to comply with the M iami-Dade County Pollution Control Ordinance as sfatad in Chapter 24 of the M iami-Dade Code. This ordinance is made a part of these specifications by reference and may be obtained, if necessary, by the vendor through the Department of Regulabry and Economic Resources (RER), 33 SW 2nd Ave., M iami, Florida 33130. STATE REQUIREM ENTS All technical labor performed in and around the County's fueling and sbrage facilities shall adhere b the State Fire Marshal's "State of Florida: Rules and Regulations Chapter 4A-16; State of Florida Department of Environmental Regulation's Rules and Regulations Chapter 62-761; 62-762 and 62-770 and all work approved by M iami-Dade County Department of Environmental Resource M anagement (DERM). The petroleum recovery work covered in this contract includes all work required b comply with all Federal, State, and Local Regulations governing petroleum spill cleanups (i.e., analytical reports). 2.10 INSURANCE This is a requirement for award under Groups 1 and 2 but not for prequalification under Group 3. For Group 3, the insurance requirements will be requested and detailed in the subsequent ITQ or WOPR issued by departments. Section 1.22 Insurance Requirements of the General Terms and Conditions, Subsections B and C are superseded and replaced in their entirety. Page 6 of 15 1/15/2021 2:59 PM p. 12 Miami -Dade County Solicitation FB-01793 A. Worker's Compensation Insurance for all employees of the Provider as required by Florida Statutia 440. B. Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence, and $2,000,000 in the aggregatia, not b exclude Products and Complebd Operations and Explosion, Collapse, and Underground Hazards. 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 lhan $1,000,000 combined single limit per occurrence. *Under no circumstances are Vendors permitted on the Aviation Department, Aircraft Operating Airside (A.O.A) at Miami International Airport without increasing automobile coverage to $5 million. Only vehicles owned or leased by a company will be authorized. Vehicles owned by individuals will not be authorized. In addition, the following insurance requirements shall be met D. Pollution Liability Coverage in an amount not less lhan $1,000,000 per occurrence $2,000,000 in the aggregate. All insurance policies required above shall be issued by companies authorized b do business under the laws of the Static of Florida, with the following qualifications: The company must be rabd no less lhan "A-" as b management, and no less than "Class VII" as b financial strength, by Bests Insurance Guide, published by A.M . Best Company, Oldwick, New Jersey, or its equivalent, subject b the approval of the County Risk M anagement Division. or The company must hold a valid Florida Certificatia of Authority as shown in the Ia'vast "List of All Insurance Companies Authorized or Approved b Do Business in Florida" issued by the Sta'va of Florida Department of Financial Services. NOTE: CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY 111 NW 1st STREET SUITE 2340 MIAMI, FL 33128 2.11 PERFORMANCE BOND (GROUP 3) For informational purposes: At the time of spot market quotations, Group 3 prequalified vendors may be required b adhere b the requirements below: The awarded Vendor shall duly execub and deliver b the County a Performance Bond in the amount of 100% of the awarded Vendor's bid price. The Perbrmance Bond Form supplied by the County shall be the only acceptable form br this bond; no other form will be accepfied. The complefied form shall be delivered to the County within 15 calendar days athar formal notice of award; however, the County may allow the Page 7 of 15 1/15/2021 2:59 PM p. 13 Miami -Dade County Solicitation FB-01793 awarded Vendor additional time b submit the Performance Bond in its best interest Failure b submit the Perbrmance Bond within 15 calendar days after brmal notice of award or, if allowed, within the additional period of time granted by the County shall result in the awarded Vendor being declared in default of the contractual terms and conditions, and the surrender of the Vendor's Bid Guaranty. In addition, the County shall not accept any offer from the Vendor for a twelve (12) month period following such default The following specifications shall apply b the bond: A. All bonds shall be written through surety insurers authorized b do business in the State of Florida as surety, with the following qualifications as b management and financial strength according b the latest edition of Bests Insurance Guide, published by A.M . Best Company, Oldwick, New Jersey: Bond Amount Best Rating 500,001 b 1,500,000 B V 1,500,001 b 2,500,000 A VI 2,500,001 b 5,000,000 A VII 5,000,001 b 10,000,000 A VIII Over 10,000,000 A IX B. For a contract amount of $500,000 or less, the bond provisions of Section 287.0935, Florida Statutes (1985) shall be in effect and surety companies not otherwise qualifying with these requirements may qualify by: 1. The surety company is licensed b do business in the State of Florida; 2. The surety company holds a certificate of authority authorizing it b write surety bonds in the State of Florida; 3. Providing evidence that the surety has twice the minimum surplus and capital required by the Florida Insurance Code at the time the solicitation is issued; 4. Certifying that the surety is otherwise in compliance with the Florida Insurance Code; and 5. Providing a copy of the currency valid Certificate of Authority issued by the United States Department of the Treasury under SS. 31 USC 9304-9308. Surety insurers shall be listed in the latest Circular 570 of the U.S. Department of the Treasury enticed "Surety Companies Acceptable on Federal Bonds", published annually. The bond amount shall not exceed the underwriting limitations as shown in this circular. C. For a contract amount in excess of $500,000, the bond provisions of Section 287.0935, Florida Statutes (1985) shall be in effect and surety companies not otherwise qualifying with the requirements listed in Section A., above, may qualify by meeting the provisions listed in Sections B.1., B.2., and B.3., above. In addition, the company must have been listed in the Circular 570 of the U.S. Department of the Treasury entitled "Surety Companies Acceptable on Federal Bonds" for at least three consecutive years (including the current year), or must be currently listed in the Treasury List and must hold a valid Certificate of Authority of at least 1.5 million dollars. D. Surety Bonds guaranteed through U.S. Government Small Business Administration or Contractors Training and Development Inc. will also be acceptable. E. In lieu of a bond, an irrevocable letter of credit or a cash bond in the form of a certified cashier's check made out b the Board of County Commissioners will be acceptable. All interest will accrue b M iami- Page 8 of 15 1/15/2021 2:59 PM p. 14 Miami -Dade County Solicitation FB-01793 Dade County during the life of this contact and/or as long as the funds are being held by M iami-Dade County. F. The attorney -in -fact or other officer who signs a contract bond for a surety company must file with such bond a certified copy of power of attorney authorizing the officer to do so. The contract bond must be counter signed by the surety's resident Florida agent 2.12 WARRANTY A. Type of Warranty Coverage Required All parts purchased under this contract and pre -qualification pool (Groups 1 and 2 respectively) shall have a minimum one-year warranty tom time of acceptance by County Departments, or the manufacturer's standard warranty, whichever is longer. Replacement parts under warranty shall be shipped b the assigning County Department(s) no later than fen days (10) business days attar receipt of notification of defect from the County Departnent(s). All repair work performed under Group 2 shall have a minimum warranty for parts and labor of ninety (90) days, or the manufacturers' warranty, whichever is greater, in addition to Section 1 of the General Terms and Conditions unless otherwise indicated in the ITQ, or Spot M arket Quote. Defective parts under warranty shall be replaced, and re -work required shall be performed at no charge b the County. If the re -work cannot correct the problem, a full refund / credit shall be submitted b the County Departnent(s). B. Correcting Defects Covered Under Warranty Awarded Vendor shall promptly correct any deficiencies, at no cost b the County, within five (5) calendar days attar the County notifies the Vendor of such deficiency either verbally or in writing. If the Vendor fails b correct the defective work or replace the damaged part within the period specified, the County may, at its discretion, notify the Vendor, for the second time in writing that the Vendor may be subject b contractual default which may lead b termination if the corrections or replacements are not completed b the satisfaction of the County within the time defined in the notice to cure. If the Vendor fails to satisfacbrily complete the corrections and/or replace the damaged part as detailed in the notice to cure, the County may procure the parts and/ or services from another Vendor and charge the incumbent any additional costs that are incurred by the County for this work or items; either through a credit memorandum or through invoicing. 2.13 NON -WARRANTY DEFICIENCIES IN WORK TO BE CORRECTED BY THE VENDOR (Groups 1 and 2 ) The awarded Vendor shall promptly correct all non -warranty deficiencies and/or defects in work and/or any work that fails b conform to the Contract Documents; whether or not bbricatad, installed or completed. All corrections shall be made within five (5) calendar days (unless otherwise noted within this solicitation) afhar such rejected defects, deficiencies, and/or non -conformances are verbally reported to the awarded Vendor by the County's Project Administrabr. The awarded Vendor shall bear all costs of correcting such rejected work. If the awarded Vendor bits b correct the work within the period specified, the County may at its discretion, notify the awarded Vendor in writing that the awarded Vendor is subject b contractual default provisions if the corrections are not completed b the satisfaction of the County within five (5) calendar days of receipt of the notice. If the awarded Vendor fails b correct the work within the period specified in the notice, the County shall place the awarded Vendor on default, obtain the services of another awarded Vendor to correct the deficiencies, and charge the awarded Vendor for these costs; either through a deduction from the final payment owed b the awarded Vendor or through invoicing. Page 9 of 15 1/15/2021 2:59 PM p. 15 Miami -Dade County Solicitation FB-01793 2.14 LABOR, MATERIAL AND EQUIPMENT Unless otherwise provided in Section 3, Scope of Work, of this solicitation the vendor shall furnish all labor, mafiarial and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications or in the ITQ, such mathrials and equipment shall be of a suitable type and grade for the purpose. All matiarial, workmanship, and equipment shall be subject to the inspection and approval of the County's Project Manager. 2.15 ADDITIONAL GROUPS The County reserves the right to add additional groups (with applicable qualification crifiaria), which are not lisfiad within this solicitation. 2.16 ADD/DELETE VENDORS During the fiarm of the pool, the County reserves the right to pre -qualify additional Vendors or delefia Vendors, at its sole discretion. Additional Vendors shall meet or exceed the same pre -qualification requirements stafiad above. Page 10 of 15 1/15/2021 2:59 PM p. 16 Miami -Dade County Solicitation FB-01793 SECTION 3 SCOPE OF WORK 3.1 SCOPE OF WORK This solicitation establishes a contract for Routine Maintenance and Emergency M itigation and Pre - qualification Pool will be used b purchase services including but not be limited o, purchase, install, test, maintain, and repair county mobr vehicle service station equipment and fuel dispensing and related sbrage facilities. Awarded and pre -qualified Vendors shall be fully capable, but not limited b the bllowing: filter/polish fuel, handling all phases of vehicle fueling service, dispensing and storage facilities; periodic testing of underground fuel sbrage tanks and lines br contaminants and leaks; bst and analyze fuel; petroleum recovery surface and subsurface, maintenance, removal and replacement of County supplied fuel sbrage tanks reservoirs and dispensing equipment, and replacement parts for repair of the same. Provide best analysis (oil, fuel and ground water samples, etc.), calibrate fuel monibring and metering equipment (gasoline/diesel pumps, etc.), and service station accessories (hoses, reels, pumps, air compressor, etc.) 3.2 GROUPS 3.2.1. Group 1: Routine Maintenance Routine Maintenance is b include, but not be limited b: • Repair/replacement of fuel tank and dispensing system component hardware (such as fill pipe, caps, sensors, related wiring, probes, hoses, hose reels, etc.) • Repair oil/water separabr and supporting components, conducting unscheduled or special inspections of fuel tanks, hoses, oil water separabrs, hose reels, vehicle wash stations, etc. • Taking samples of groundwater best wells, soil and fuel br laborabry analysis upon request • Conducting minor concreb repair and patching, Aubmatic Tank Gauging (ATG) hardware repairs (terminal boards, reprogramming and configuration, etc.) • Performing bests and certifications of tank, dispenser, and ATG systems as requesbd perbrming unscheduled work in conjunction with keeping County fuel sibs within Florida Department of Environmental Protection (FDEP) requirements for inspection and other minor repairs. 3.2.2. Group 2: Emergency Mitigation Emergency response and mitigation b include, but not be limited b: • Containing/sopping tank, piping and dispenser fuel leaks, responding b loss of dispensing services due to mechanical failure, small spill (estimated less than 100 gallons) waste disposal, and proper disposal of hazardous waste, and repairs related to the immediate remediation to ensure the safety of safety of personnel at county facilities and fuel sibs. • Repair/replacement of fuel tank and dispensing system component hardware (such as, but not fill pipe, caps, sensors, relabd wiring, probes, hoses, hose reels, eta.), under an emergency basis. • Repair oil/wabr separabr and supporting components, hoses, oil water separabrs, hose reels, vehicle wash stations, eta. Page 11 of 15 1/15/2021 2:59 PM p. 17 Miami -Dade County Solicitation FB-01793 • Taking samples of groundwater bast wells, soil and fuel for laboratory analysis upon request • Conducting minor concrete repair and patching, Automatic Tank Gauging (ATG) hardware repairs (trarminal boards, reprogramming and configuration, etc.) • Performing trests and certifications of tank, dispenser, and ATG systems as requested perbrming unscheduled work in conjunction with keeping County fuel sibs within Florida Department of Environmental Protraction (FDEP) requirements for inspection and other minor repairs. 3.2.3. Group 3: Pre -Qualification of Vendors to Purchase Services for Future Price Competition (Pre -qualification Pool) Scope for future spot market quotations is b include and not be limited b: • Any kind of work that pertains b the fuel service station facilities of M iami-Dade County. 3.3 WORK NOTIFICATION PRIOR TO COM M ENCEM ENT Vendors shall neither commence any work, nor enter a County work premise, until a "Work Order / Purchase Order" directing the vendor b proceed with a work assignment has been received from an authorized County representative; excepting, however, that such Work Order/Purchase Order notification is not required when perbrming emergency work lhat may be required in accordance with provisions included elsewhere in this solicitation and resultant contract CLEANUP AND ASSESM ENT All unusable materials and debris shall be removed from the premises at the end of each workday, and disposed of in an appropriate manner. Upon final completion, the vendor shall thoroughly clean up all areas where work has been involved as mutually agreed with the associated user departments project manager. Cleanup and assessment documents need b be prepared by a Professional Engineer registrared under Chapter 471, F.S. or a Professional Geologist registered under chapter 492, F.S. COM PLETION OF WORK All work shall be performed in accordance with good commercial practice. The work schedule and completion dabs shall be adhered b by the vendors; except in such cases where the completion data will be delayed due b acts of nature, strikes, or other causes beyond the control of the vendor. In these cases, the vendor shall notify the County in advance of the delays of the original completion dab so lhat a revised delivery schedule can be appropriatraly considered by the County. Should the awarded vendorsNendors tail b completra the work within the number of days as stated in its offer. WORK ACCEPTANCE Projects will be inspectrad by an authorized representative of the County. This inspection shall be performed b detrermine acceptance of work, appropriate invoicing, and warranty conditions. 3.4 EMERGENCY SERVICE (Groups 1 and 2) Vendors, awarded under this group, shall provide 24 hours, 7 days a week emergency service, inclusive of a point of contact with their contact inbrmation, b the County under the contract During regular work hours (M onday through Friday, 8:00 A.M . b 5:00 P.M .), emergency service response time (defined as the time from acknowledged notification b arrival on-sitra) shall be within three (3) hours after notification by the County. During other than regular working hours, the emergency response time, as defined above, shall be Page 12 of 15 1/15/2021 2:59 PM p. 18 Miami -Dade County Solicitation FB-01793 within bur (4) hours aeer notification by the County. Compensation will be by the hourly rate provided in section 4. 3.5 RELEASE OF CLAIM REQUIRED (Applies to Groups 1, 2, and 3 when a subcontractor is used) The awarded Vendors must provide the County's project manager with duly executed affidavits (subcontractor's statement of satisfaction) or releases of claim from all subcontractors and suppliers who have perbrmed any work or supplied any materials br the project as of chat dab. The affidavit or releases shall certify that said subcontractors and suppliers have been paid their proportionate share of all previous payments b the awarded Vendor. In the event such affidavits cannot be furnished, the Vendor may submit an executed consent of surety b requisition payment identifying the subcontracbrs and suppliers with the amounts br which the statement of satisfaction cannot be furnished. If the awarded Vendor fails b provide consent of surety b requisition payment, the amount in dispute will be withheld until either the statement of satisfaction is furnished, or the consent of surety b requisition payment is furnished. Page 13 of 15 1/15/2021 2:59 PM p. 19 Miami -Dade County Solicitation FB-01793 SECTION 4 SUBMITTAL FORM Vendor: 4.1. To be considered for award under Groups 1 and 2, and pre -qualification under Group 3, vendors shall comply with and provide proof for the following minimum requirements: Section 2.3 Description Check 1 Submitted 2.3 (a) Pollutant Sbrage System Contractor's License, issued by State of Florida Departrnentof Business And Professional Regulations. (Copy of certification shall be provided with bid submittal) 2.3 (b) Hazardous Waste Operation (HAZWOPR) 40 hours course. (Copy of documentation shall be provided with bid submittal) 2.3 (c) Veeder Root Installer Certification (level 3 or greater). Should a Vendor choose to use a subcontractor, that subcontractor must possess a Veeder Root InstallerCertification, however, it is not to be in lieu of the primary vendor possessing this certification. (Copy of documentation shall be provided by either the vendor and theirsubcontractor, shouldvendor use a subcontractor) 2.3 (d) Certificate of Competency for Gasoline Tank and Pump Installation Work issued by the State or County Examining Board. (Copies of certification shall be provided with bid submittal) 2.3 (e) References listed must be recent or current customers br whom the vendor has provided the services described in this solicitation. Reference 1 Company Name: Contact Person: Titre: Address: Phone Number: Reference 2 Company Name: Contact Person: Titre: Address: Phone Number: Reference 3 Company Name: Contact Person: Titre: Address: Phone Number: 2.3 (1) Office location in Miami -Dade, Broward, Palm Beach, and/or Monroe Counties Please indicate which group Vendor is pursuing: Group 1: Routine Maintenance Group 2: Emergency Mitigation Group 3: Pre -Qualification of Vendors to Purchase Services br Future Price Competition Page 14 of 15 1/15/2021 2:59 PM p. 20 Miami -Dade County Solicitation FB-01793 SECTION 4 SUBMITTAL FORM 4.2 GROUP 1: Routine Maintenance and Upkeep Ithm Estimathd Quantity Description Unit Price 4.2.1 32,810 hours Labor Rath for Routine M ainthnance Hr 4.3 GROUP 2: Emergency Mitigation Ithm Estimathd Quantity Description Unit Price 4.3.1 5,565 (or 10,280 with OT hours) hours Labor Rath for Emergency M talon Hr Page 15 of 15 1/15/2021 2:59 PM p. 21 Miami -Dade County Solicitation FB-01793 MIAMI•DADE Solicitation No. Solicitation Title: Bidder's Legal Company Name (include dlbla if applicable): Bidder's Federal Tax Identification Number: If Corporation - Date IncorporatedlOrganized: State IncorporatedlOrganized: • Company Operating Address: City State Zip Code Miami -Dade County Address (if applicable): City State Zip Code Company Contact Person: Email Address: Phone Number (include area code): • Company's Internet Web Address: Pursuant to Section 2-8.6 of the Code of Miami -Dade County (County), any individual, corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten (10) years shall disclose this information prior to entering into a contract with or receiving funding from the County. Place a check mark here only if the Bidder has such conviction to disclose to comply with this requirement. LOCAL PREFERENCE CERTIFICATION: For the purpose of this certification, and pursuant to Section 2-8.5 of the Code of Miami -Dade County, a "local business" is a Tax Receipt issued by Miami -Dade County at least one year prior to bid submission; which business is performed and which served as the place of employment for at least (by exception, if the business is a certified Small Business Enterprise, the local and contributes to the economic development of the community in a verifiable of employment opportunities and the support and increase to the County's tax Local Preference. Failure to affirm this certification at this time may render the FEDERALLY FUNDED PURCHASE. business located within the limits of Miami -Dade County that has a valid Local Business has a physical business address located within the limits of Miami -Dade County from three full time employees for the continuous period of one year prior to bid submittal business location must have served as the place of employment for one full time employee); and measurable way. This may include, but not be limited to, the retention and expansion base. Place a check mark here only if affirming the Bidder meets the requirements for Bidder ineligible for Local Preference. IN ACCORDANCE WITH CFR 200.319(b), LOCAL PREFERENCE SHALL NOT APPLY TO LOCALLY -HEADQUARTERED BUSINESS CERTIFICATION: For the purpose of this certification, and pursuant to Section 2-8.5 of the Code of Miami -Dade County, a is in Miami -Dade County. the Locally -Headquartered Preference (LHP). Failure to affirm certification at this SHALL NOT APPLY TO FEDERALLY FUNDED PURCHASE. "locally -headquartered business" is a Local Business whose "principal place of business" Place a check mark here only if affirming the Bidder meets the requirements for time may render the Bidder ineligible for the LHP. The address of the Locally -Headquartered office is: IN ACCORDANCE WITH CFR 200.319(b), LOCALLY -HEADQUARTERED BUSINESS PREFERENCE LOCAL CERTIFIED VETERAN BUSINESS ENTERPRISE CERTIFICATION: A Local Certified Veteran Business Enterprise is a firm that is (a) a local business pursuant is certified by the State of Florida Department of Management Services as a veteran Enterprise. A copy of the certification must be submitted with the bid. PREFERENCE SHALL NOT APPLY TO FEDERALLY FUNDED PURCHASE. to Section 2-8.5 of the Code of Miami -Dade County; and (b) prior to bid submission business enterprise pursuant to Section 295.187 of the Florida Statutes. Place a check mark here only if affirming Bidder is a Local Certified Veteran Business IN ACCORDANCE WITH CFR 200.319(b), LOCAL CERTIFIED VETERAN BUSINESS ENTERPRISE 1/15/2021 2:59 PM p. 22 Miami -Dade County Solicitation FB-01793 SMALL BUSINESS ENTERPRISE CONTRACT MEASURES (ifapplicable): A Small Business Enterprise (SBE) must be certified by the Division of Small Business Development (SBD) for the type of goods and/or services the Bidder provides in accordance with the applicable Commodity Code(s) for this solicitation. For certification information, contact SBD at (305) 375-3111 or access http://www.miamidade.gov/smallbusiness/certification-programs.asp. The SBE must be certified by the solicitation's submission deadline, at contract award, and for the duration of the contract to remain eligible for the preference. Firms that graduate from the SBE Program during the contract may remain on the contract. Place a check mark here only if affirming Bidder is a Miami -Dade County Certified Small Business Enterprise. IN ACCORDANCE WITH CFR 200.319(b), SMALL BUSINESS ENTERPRISE MEASURES SHALL NOT APPLY TO FEDERALLY FUNDED PURCHASE SCRUTINIZED COMPANIES WITH ACTIVITIES IN SUDAN LIST, THE SCRUTINIZED COMPANIES WITH ACTIVITIES IN THE IRAN PETROLEUM ENERGY SECTOR LIST, OR THE SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST: By executing this bid through a duly authorized representative, the Bidder certifies that the Bidder is not on the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, as those terms are used and defined in Sections 287.135, 215.473, and 215.4725 of the Florida Statutes. The County shall have the right to terminate any contract resulting from this solicitation for default if the Bidder is found to have submitted a false certification or to have been placed on the Scrutinized Companies for Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List, or the Scrutinized Companies that Boycott Israel List. OR In the event that the Bidder is unable to provide such certification, but still seeks to be considered for award of this solicitation, the Bidder shall execute the bid through a duly authorized representative and shall also initial this space: . In this event, the Bidder shall fumish together with its bid a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 and/or 215.4725 of the Florida Statutes. The Bidder agrees to cooperate fully with the County in any investigation undertaken by the County to determine whether the claimed exception could be applicable. IT IS HEREBY CERTIFIED AND AFFIRMED THAT THE BIDDER SHALL ACCEPT ANY AWARDS MADE AS A RESULT OF THIS SOLICITATION. BIDDER FURTHER AGREES THAT PRICES QUOTED WILL REMAIN FIXED FOR A PERIOD OF ONE HUNDRED AND EIGHTY (180) DAYS FROM DATE SOLICITATION IS DUE. WAIVER OF CONFIDENTIALITY AND TRADE SECRET TREATMENT OF BID: The Bidder acknowledges and agrees that the submittal of the Bid is governed by Florida's Govemment in the Sunshine Laws and Public Records Laws, as set forth in Florida Statutes Section 286.011 and Florida Statutes Chapter 119. As such, all material submitted as part of, or in support of, the bid will be available for public inspection after opening of bids and may be considered by the County in public. By submitting a bid pursuant to this solicitation, Bidder agrees that all such materials may be considered to be public records. The Bidder shall not submit any information in response to this solicitation which the Bidder considers to be a trade secret, proprietary or confidential. In the event that the bid contains a claim that all or a portion of the bid submitted contains confidential, proprietary or trade secret information, the Bidder, by signing below, knowingly and expressly waives all claims made that the bid, or any part thereof no matter how indicated, is confidential, proprietary or a trade secret and authorizes the County to release such information to the public for any reason. Acknowledgment of Waiver: Bidder's Authorized Representative's Signature: * Date * Representative's Name: * Representative's Title: * THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF THE BIDDER TO BE BOUND BY THE TERMS OF ITS OFFER. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED BELOW BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID NON -RESPONSIVE. THE COUNTY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY RESPONSE THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. Bidder's Authorized Representative's Signature: * Date * Representative's Name: * 1/15/2021 2:59 PM p. 23 Representative's Title: Miami -Dade County Solicitation FB-01793 * 1/15/2021 2:59 PM p. 24 Miami -Dade County Solicitation FB-01793 Solicitation Number FB-01793 *Vendor Name Complete "A" or "B". A. No subcontractors or direct suppliers will be utilized pursuant to this solicitation. SUBCONTRACTING FORM *FEIN # B. The below listed subcontractors andlor suppliers will be utilized pursuant to this solicitation: Business Name and Address of First Tier Subcontractor/ Subconsultant Name of Principal Owner Scope of Work to be Performed by Subcontractor Subconsultant Subcontractor/ Subconsultant License (if applicable) Business Name and Address of First Tier Direct Supplier Name of Principal Owner Supplies, Materials, andlor Services to be Provided by Supplier And Below andlor attached is a detailed statement of the firm's policies and procedures for awarding subcontractors: (Duplicate this form if additional space is needed to provide the required information) When Subcontracting is allowed and subcontractors will be utilized, the Contractor shall comply with Section 2-8.8 of the Code — Fair Subcontracting Practices: (1) Prior to contract award, the Bidder shall provide a detailed statement of its policies and procedures for awarding subcontracts and (2) As a condition of final payment under a contract, the Contractor shall identify subcontractors used in the work, the amount of each subcontract, and the amount paid and to be paid to each subcontractor via the BMWS at http://mdcsbd.gob2g.com. Pursuant to Section 2-8.1(f) of the Code — Listing of subcontractors required on certain contracts, for all contracts which involve the expenditure of one hundred thousand dollars ($100,000) or more, the entity contracting with the County must report to the County the race, gender, and ethnic origin of the owners and employees of its first tier subcontractors and suppliers via the BMWS at http://mdcsbd.gob2g.com. The race, gender, and ethnic information must be submitted via BMWS as soon as reasonably available and, in any event, prior to final payment under the Contract. The Contractor shall not change or substitute first tier subcontractors or direct suppliers or the portions of the Contract work to be performed or materials to be supplied from those identified except upon written approval of the County. 1 certify that the information contained in this form is to the best of my knowledge true and accurate. *Signature of Vendor's Representative *Print Name *Print Title *Date 1/15/2021 2:59 PM p. 25 Miami -Dade County Solicitation FB-01793 Question and Answers for Solicitation #FB-01793 - Fuel Service Station Maintenance, Repair and Services Overall Solicitation Questions Question 1 Is there a list of locations to be serviced that is available to us? (Submitted: Dec 31, 202010:15:52 AM EST) Question 2 Regarding Section 2.3 of Special Terms and Conditions, subsection C: This section is requiring a Veeder Root Installer Certification, Level 3. The Veeder Root TLS Installer certification is actually equivalent to a Level 1 Certification. Veeder Root has changed their certification titles. The certification titled "Veeder Root ATG Certification" is equivalent to what was once known as the Level 4. The ATG certification qualifies a technician to perform an annual certification of the unit, perform repairs, etc. The Level 1, or Installer certification does not. Please clarify if the County is seeking the ATG Certification. (Submitted:Jan 4, 2021 10:40:29 AM EST) Question 3 The minimum requirements make no mention of a Pneumercator Tank monitor system certification requirement. Many County facilities have Pneumercator tank monitor systems - will this requirement be added so that required environmental compliance certifications can be performed? (submitted: Jan 4,202110:42:42AM EST) Question 4 Is the only pricing to be submitted an hourly labor rate? Please specify how a parts/material mark-up rate is submitted. (Submitted: Jan 4, 2021 10:49:57 AM EST) Question 5 Is there a list of equipment available so we know what we need to be working on? (Submitted: Jan 4, 2021 11:12:12 AM EST) Question 6 Can we visit the locations once you provide a list? (Submitted: Jan 4, 2021 11:13:23 AM EST) Question 7 We would like to confirm the number of hours noted in the bid package- 32,810. As a contract holder, we believe that in 5 years we have done much less than half of this amount. Please confirm the total number of hours to properly price this contract. Thank you. (Submitted: Jan 4, 2021 11:16:01 AM EST) Question 8 Bid mentions a performance bond but no place to account for the cost. Can this expense be pass to the County after award? (Submitted: Jan 11, 2021 11:20:59 AM EST) 1/15/2021 2:59 PM p. 26 GENIGLO-01 SMENDEZ ,d►coRO CERTIFICATE OF LIABILITY INSURANCE `/ DATE (MMIDDIYYYY) 8/1 /2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C & C Insurance, Inc. 1921 NW 150 Ave, Suite 101 Pembroke Pines, FL 33028 CONTACT NAME: PHONEFAX (A/c, No, Ext): (954) 431-2008 (A/C, No); (954) 704-0507 E-MAIL Info@candcinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:LLOYDS OF LONDON 15792 INSURED Genisis Global LLC dba Advanced Petroleum Systems 16600 NW 54 Ave # 14 Miami Lakes, FL 33014 INSURER B : INFINITY INSURERC:SERVICE LLOYDS INSURANCE COMPANY INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REM? ION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INS MED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OT UMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DE HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W POLICY NUMBER POLICY EFF (MM/DD/YYYY) PVD O\D P LIMITS A X COMMERCIAL GENERAL LIABILITY X X ENC0005103-04 -V\ 10/1/20010/1/2024 ' _O /✓v_ - J EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) 25,000 $ PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 Employee Benef $ 1,000,000 B AUTOMOBILE X x LIABILITY ANY AUTO OWNED X X SCHEDULED AUTOS NON -OWNED 5098200516890D1 IV 10/1/2023 10/1/2024 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Uninsrd Motoris $ 1,000,000 A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X EN 329-03 10/1/2023 10/1/2024 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below �( 0 10065 10/1/2023 10/1/2024 X PER STATUTE EORH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE 1,000,000 $ E.L. DISEASE - POLICY LIMIT $ 1,000,000 A A Pollution Liability Prof Liability ENC0005103-04 ENC0005103-04 10/1/2023 10/1/2023 10/1/2024 10/1/2024 Per Occur Aggregate 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Blanket Additional Insured, Waiver of Subrogation & Primary Non Contributory included when required by contract. 30 Day notice of cancellation - all policies City of Miami as additional insured with respect to General Liability on a primary & non-contributory basis. City of Miami is listed as additional insured with respect to auto liability. CERTIFICATE HOLDER CANCELLATION Cityof Miami 444 SW 2nd Ave, 6th Floor Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: GENIGLO-01 SMENDEZ LOC #: 1 ACORO'" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY C & C Insurance, Inc. POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 NAIC CODE SEE P 1 NAMED INSURED Genisis Global LLC dba Advanced Petroleum Systems 16600 NW 54 Ave # 14 Miami Lakes, FL 33014 Dade EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Professional Liability - $1,000,000 Damage Limit for Each Occurrence or Claim $2,000,000 Coverage Part - Aggregate Limit Deductibles: General Liability - $5,000 Per Occurrence Pollution Liability - $5,000 Per Claim (Including Claim Expenses) Professional Liability - $5,000 per claim (Including Claim Expenses) Retro Dates: Professional Liability - 10/01/2019 Transportation Pollution - 10/01/2020 Non Owned Disposal Site Pollution Liability - 10/01/2020 Technology Based Services, Technology Products, Computer Networ 10/01/2020 rity, Multimedia & Advertising - Privacy Liability - ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Effective Date: 1o/1J2o23 PolicyNumber: ENC00051o3-04 Genisis Global LLC dba Advanced Petroleum Systems Endorsement Number: 4 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION In consideration of a premium change of, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name of Additional Insured Person(s) Or Organization(s): Locati f Covered Operations As required by written contract. ijc As re ui by written contract. Information required to complete t8'chedule, if not shown above, will be shown in the Declarations. (.1 A. Section II - Who Is An Is amended to include as an additional insured the person(s) or organization(s) shown ' e chedule, but only with respect to liability for "bodily injury", "property damage" or "personal aadvertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: CG 20 10 07 04 Page 87 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Page 88 Effective Date: 10/1/2023 PolicyNumber: ENC0005103-04 Genisis Global LLC dba Advanced Petroleum Systems Endorsement Number: 7 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. (�� 94/ SCHEDULE `N Name of Person or Organization: O As required by written contract. J- VO J All Person(s) Or Organization(s) where this endorsement is required by contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this en N ment.) The TRANSFER OF RIGHTS OF •, ERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDIT ) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 - Page 91 Effective Date: 1o/1/2023 PolicyNumber: ENC00051o3-04 Endorsement Number: 5 ADDITIONAL INSURED — OWNERS, LESSORS OR CONTRACTORS — COMPLETED OPERATIONS In consideration of a premium change of , this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Descr iV Of Completed O rons As required by written contract. As required ten contract. \.)kt Information required to complete this Schedula,kQt shown above, will be shown in the Declarations. Section II — Who Is An Insured is amen 41 to include as an additional insured the person(s) or organization(s) shown in the Schedul , but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in pA4 "your work" at the location designated and described in the schedule of this endorsement tem ted for that additional insured and included in the "products - completed operations hazar< CG 20 37 07 04 ©Insurance Services Office, Inc. Page 97 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Policy Effective Endorsement Effective SCHEDULE Any person or organization for whom the Named Insur has agreed by written contract to furnish this waivt 10/01/2023 cb\ b Policy Expiration 10/01/2024 Carrier Code 21075 Policy Number 10065 Endorsement No. 1 Insured GENISIS GLOBAL, LLC Effective Date: 1o/1/2023 PolicyNumber: ENC00051o3-04 Endorsement Number: 3 PRIMARY/NON-CONTRIBUTORY— OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. The following is added to the Other Insurance Condition and supeedes any provision to the contrary: Primary And Noncontributory Insurance (<O This insurance is primary to and will not seek con i'b ion from any other insurance available to an ev additional insured under your policy provided (1) The additional insured is a Narn red under such other insurance; and (2) You have agreed in writing irontract or agreement that this insurance would be primary and would not seek contributfrom any other insurance available to the additional insured. O�O SCHEDULE: Specific Entity to Schedule . wired — • As required by written act. CG 20 0104 13 ©Insurance Services Office, Inc. Page 94 From: Ouevedo, Terry To: Gandarilla. Aimee Cc: Gomez Jr., Francisco (Frank); Aviles. Yesenia Subject: RE: NEW COI FOR CITY OF MIAMI Date: Thursday, August 1, 2024 1:08:18 PM Attachments: image003.pnq image004.pnq image005.pnq Aimee The COI is adequate. Regards, City of Miami Risk Management Department 9th Floor 444 SW 2nd Avenue Miami, Florida 33130 (305) 416-1641 Office (305) 416-1710 Fax Tquevedo(miamigov.com -Sewusy, S raaccary, atird 7,1400vithr9 ata From: Gandarilla, Aimee <AGandarilla@miamigov.com> Sent: Thursday, August 1, 2024 12:39 PM To: Quevedo, Terry <TQuevedo@miamigov.com> Cc: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Aviles, Yesenia <YAvi l es @ m i a m i gov. co m> Subject: FW: NEW COI FOR CITY OF MIAMI HI Terry, Please advise. Olivera, Rosemary From: Gandarilla, Aimee Sent: Monday, October 7, 2024 10:55 AM To: Hannon, Todd Cc: Olivera, Rosemary; Brown, Sadie; Roberts, Frankeetha Subject: Supplemental Agreement MDC FB-01793 Fuel Service Attachments: Supplemental Agreement MDC FB-01793 Fuel Service - Advanced Petroleum Systems (Matter 24-1544).pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thank you, -Aimee/ Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6thfloor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5073 E agandarilla@miami.gov "Serving, Enhancing, and Transforming our Community" i