Tow Tell Marine Services LLC dba H2O Tow Contract 12-05/06
&
PROCUREMENT Division
MEMORANDUM
Toy Robert Parcher, City Clerk
?~/B./GUS Lopez, CPPO, Procurement Director
DATE: November 28,2006
SUBJECT: CONTRACT NO. 12-05/06 - WATERWAY RESOURCE MAINTENANCE
Attached please find the Contract Books pursuant to ITB NO.12-05/06 for Waterway Resource
Maintenance.
All four (4) Contracts have been executed by Tow Tell Marine Services LLC, d/b/a H20 Tow,
and they have agreed to all terms and conditions set forth in the contract. The attached
Contracts are for the City Clerk's and the Mayor's signature and execution. The City Attorney's
office has approved the form and language for contract execution.
Please call John Ellis at x6635 when the contracts are fully executed and ready for pick-up.
Thank you for your prompt attention to this matter.
VVe ole c..ornrnitteci to prov'fding excellent publiC service and
to alivvha live I.,vork, ond ploy our vibront, tropicol, historic co/nOii/nilv
(< :A J - ~~O/O6
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MIAMI BEACH
CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT
TITLE:
W ATERW A Y RESOURCE MAINTENANCE
CONTRACT NO.:
12-05/06
EFFECTIVE DATE(S): One (1) year from date of execution of this Contract with five (5)
additional one (1) year renewal options
SUPERSEDES:
N/A
CONTRACTOR(S):
Tow Tell Marine Services LLC, d/b/a H20 Tow.
A. AUTHORITY - Upon affirmative action taken by the City Commission and City Clerk of
the City of Miami Beach, Florida, on May 10, 2006, this Contract has been approved for
award and execution by the City of Miami Beach Florida and Tow Tell Marine Services
LLC, d/b/a H20 Tow.
B. EFFECT - This Contract was entered into to provide waterway resource maintenance
services to improve the cleanliness of Miami Beach waterways, on an as needed basis.
Therefore, all required services shall be made under the terms, prices and conditions of
this Contract, Invitation to Bid (ITB) No. 12-05/06, all addenda thereto, and
CONTRACTOR'S proposal in response thereto.
C. ORDERING INSTRUCTIONS - All standing orders shall be issued in accordance with
the City of Miami Beach Procurement Division policies and procedures, at the prices
indicated, exclusive of all Federal, State and local taxes.
All Standing Orders shall reference the City of Miami Beach Contract Number (12-
05/06).
D. CONTRACTOR PERFORMANCE - City of Miami Beach Public Works Director, or his
designated representative shall report any vendor failure to perform according to the
requirements of this Contract to the Procurement Director 305-673-7490.
E. INSURANCE CERTIFICATE(S) - CONTRACTOR shall file Insurance Certificates, as
required, and they must be signed by a Registered Insurance Agent licensed in the State
of Florida and approved by the City of Miami Beach Risk Manager.
F. ASSIGNMENT AND PERFORMANCE_- Neither this Contract nor any interest herein
shall be assigned, transferred, or encumbered by either party. In addition,
CONTRACTOR shall not subcontract any portion of the work required by this Contract.
CONTRACTOR represents that all persons delivering the services required by this
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Certification of Contract
Contract have the knowledge and skills, by either training, experience, education, or a
combination thereof, to adequately and competently perform the duties, obligations, and
services set forth in the Scope of Work and to provide and perform such services to
CITY's satisfaction for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this Contract in
a skillful and respectable manner. The quality of CONTRACTOR's performance and all
interim and final product(s) provided to or on behalf of CITY shall be comparable to the
best local and national standards.
G. SERVICE EXCELLENCE STANDARDS - Excellent Customer Service is the standard
of the City of Miami Beach. As a contract employee of the CITY, CONTRACTOR'S
employees will be required to conduct themselves in a professional, courteous and ethical
manner at all times and adhere to the City's Service Excellence standards. Training will
be provided by the City's Organizational Development and Training Specialist.
H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section
287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other
provider, who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to
the CITY, may not submit a bid on a contract with the CITY for the construction or repair
of a public building or public work, may not submit bids on leases of real property to the
CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with the CITY, and may not transact any business with the
CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes,
for category two purchases for a period of 36 months from the date of being placed on the
convicted vendor list. Violation of this section by Contractor shall result in cancellation
of the CITY purchase and may result in Contractor debarment.
I. INDEPENDENT CONTRACTOR - CONTRACTOR is an independent contractor under
this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be
subject to the supervision of CONTRACTOR. In providing such services, neither
CONTRACTOR nor its agents shall act as officers, employees, or agents of the CITY.
This Contract shall not constitute or make the parties a partnership or joint venture.
J. THIRD PARTY BENEFICIARIES
Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third
party by this Contract. Therefore, the parties agree that there are no third party
beneficiaries to this Contract and that no third party shall be entitled to assert a claim
against either of them based upon this Contract.
The parties expressly acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Contract.
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Certification of Contract
K. NOTICES - Whenever either party desires to give notice to the other, such notice must be
in writing, sent by certified United States Mail, postage prepaid, return receipt requested,
or by hand-delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified. The place for
giving notice shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the parties designate the following:
For CITY:
Procurement Division
1700 Convention Center Drive
Miami Beach. Florida 33139
Attn: Gus Lopez. Procurement Director
With copies to:
City of Miami Beach
Public Works Department
Attn: Fred Beckman
Public Works Director
1700 Convention Center Drive
Miami Beach. Florida 33139
For CONTRACTOR:
Tow Tell Marine Services LLC. d/b/a H20 Tow
Attn: John Tellam
14115 South Dixie Hi2:hway. Unit L
Miami. Florida 33176
L. MATERIALITY AND WAIVER OF BREACH - CITY and CONTRACTOR agree that
each requirement, duty, and obligation set forth in this Contract, and the documents
incorporated hereto is substantial and important to the formation of this Contract and,
therefore, is a material term hereof.
CITY's failure to enforce any provision of this Contract shall not be deemed a waiver of
such provision or modification of this Contract. A waiver of any breach of a provision of
this Contract shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Contract.
M. SEVERANCE - In the event a portion of this Contract is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective unless
CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this
Contract based upon this provision shall be made within seven (7) days after the finding
by the court becomes final.
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Certification of Contract
N. APPLICABLE LAW AND VENUE - This Contract shall be enforceable in Miami-Dade
County, Florida, and if legal action is necessary by either party with respect to the
enforcement of any or all of the terms or conditions herein exclusive venue for the
enforcement of same shall lie in Miami-Dade County, Florida. By entering into this
Contract, CONTRACTOR and CITY hereby expressly waive any rights either
party may have to a trial by jury of any civil litigation related to, or arising out of
the Contract. CONTRACTOR shall specifically bind all subcontractors to the
provisions of this Contract.
O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed by
the CITY and CONTRACTOR.
P. All documents shall be executed satisfactorily to the CITY and until Insurance
Certificates have been filed and approved, this Contract shall not be effective.
Q. The Contract Documents which comprise the entire Agreement between CITY and
CONTRACTOR are attached to this Contract and made a part hereof, and consist of 1.)
this Certification of Contract; 2.) the City's ITB and any and all addenda thereto; and 3.)
CONTRACTOR'S proposal in response thereto.
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Certification of Contract
CERTIFICATION OF CONTRACT
. .J J.--
THIS CONTRACT made this I day of Oect'rnber 200(P, A.D. between the
CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter referred to as CITY,
which term shall include its successors and assigns, and
Tow Tell Marine Services LLC. d/b/a H20 Tow
Attn: John Tellam
14115 South Dixie Hi2:hwav. Unit L
Miami. Florida 33176. hereinafter referred to as CONTRACTOR
Estimated Annual Contract Amount: $153.000.
IN WITNESS WHEREOF the said CITY has caused this Certification of Contract to be signed
by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by
the City Clerk of the City of Miami Beach and the said CONTRACTOR has caused this Contract
to be signed it its name.
7 L Z?2
II Presid"t
Mayor
-
David Dermer
CONTRACTOR
(Seal)
r7::6,2rr 7~/~/J?
Print Name
ATTEST:
~w~ PM~
ATTEST:
City Clerk
Robert Parcher
Print Name
APPROVED AS TO
FORM & LANGUAGE
& FO CUllON
1?1, (04
c, y hUrneY~+~
Secretary
F: \PURC\$ALL \JOHN\Contracts\ WaterwayResourceMaintenanceAgreement2.doc
5
NEGOTIATED SCOPE OF WORK
The scope of work to be performed by Contractor is set forth in the Bid Documents, and
all Addenda. Contractor shall specifically comply with "Assessment Areas and
Frequencies", at all identified Waterway hotspots and non-hotspots locations, the
required "Cleanliness Index" and all required "Additional Work" provisions of the contract
that has been negotiated with Contractor (Collectively - the Services).
DISPOSAL PLAN
At the end of each service day, Contractor will transport the non-hazardous materials to
a dumpster provide by World Waste Service Inc., located at 4701 NW 35th Ave, Miami,
F133142, 305.636.4434. The hazardous materials will be safely collected and disposed
of in accordance with the guidelines set forth by the Department of Environmental
Resources Management, located at 33 SW 2nd Ave, Miami, FI 33130, 305.372.6789.
Disposal of hazardous materials will also be handled by World Waste Service Inc.
ADDITIONAL WORK
Should additional work be required within the specified general scope of services,
Contractor will provide these services at no additional cost to the City. Should additional
work for services outside the specified general scope of services, whereby special
equipment may be required, the Contractor and City will negotiate a fair and reasonable
cost/fee.
EMERGENCY DISASTER RESPONSE SERVICES
Contractor will be available seven (7) days a week, upon notification from the City, after
giving clearance of any emergency disaster. Contractor will provide a barge set up with
a crane and operator, a foreman, and two (2) chainsaw employees for a fee of $5,800
per eight (8) hour day. Contractor will also dispose of all material for a fee of $70 per
cubic yard.
In no circumstance should the City be liable to Contractor for costs that exceed
reasonable costs as determined by the Federal Emergency Management Agency
(FEMA). Contractor shall reimburse costs paid by City to Contractor at rates that are
determined by FEMA as not reasonable to City.
.
ORDINANCE NO. 2001-3301
AN ORDINANCE OF THE MA YOK AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
CREATING DIVISION 6, TO BE ENTITLED 'UVlNG WAGE
REQUIREMENTS FOR CITY SERVICE CONTRACTS AND
CITY EMPLOYEES", OF ARTICLE VI, ENTITLED
"PROCUREMENT", OF CHAPTER 2 OF THE MIAMI
BEACH CITY CODE ENTITLED "ADMINISTRATION", BY
ESTABLISHING A LIVING WAGE REQUIREMENT FOR
CITY SERVICE CONTRACfS AND ESTABLISHING A
LIVING WAGE FOR CITY EMPWYEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach awards private finns contracts to provide services for
the public. The City also provides financial assistance to promote economic development andjob
growth. Such expenditures of public money also serve the public purpose by creating jobs,
expanding the City's economic base, and promoting economic security for all citizens; and
WHEREAS, such public expcnditures should be spcnt only with deliberate purpose to
promote the creation of full-time, pennanent jobs that allow citizens to support themselves and their
families with dignity. Sub-poverty level wages do not serve the public purpose. Such wages instead
place an undue burden on taxpayers and the community to subsidize employers paying inadequate
wages by providing their employees with social services such as health care, housing, nutrition, and
energy assistance. The City has a responsibility when spending public funds to set a community
standard that pennits full-time workers to live above the poverty line. Therefore, contractors and
subcontractors of City service contracts should pay their employees nothing less than the living wage
herein described; and
WHEREAS, in addition to requiring living wages for City services provided by private
firms, the City wishes to serve as an example by providing a living wage to all City employees.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SJCTION 1.
That Division 6, to be entitled "Uving Wage Requirements for City Contracts", of Article
VI, entitled "Procurement", of Chapter 2 of the Miami Beach City Code entitlcd "Administration"
is hereby created to read as follow:
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Chapter 2
ADMINISTRATION
... ... ...
Article VI. Procurement
. ... ...
Division 6. Uving Wa~e RCQuirements for Service Contracts and City Employees
... ... ...
Section 2-407.Res,,""
Deftnltlons
(I) "City" means the government of Miami Beach or any authorized agents. any board.
agency. commission. department. or other entity thereof. or any successor thereto.
(b) "Covered Emoloyee" means anyone employed by the City or any Service Contractor. as
further defined in this Division. either full or part time. as an elllplovee with or without
benefits or as an indeoendent contractor.
eel "Covered Emplover' means the City and any and all Service Contractors. whether
contractin, directly or indirectly with the City. and s\l-bcontractors of a Service Contractor.
Cd) "Service Contractor" is any individual. business entity. corporation (whether for profit
or not for profit). partnership. limited liability company. joint venture. or limilar business
who is conducting busin~ss in ~ami Beach~ or Miami Dade County. and mee~ one (1) of
the two (2) followin, criteria:
(1) The Service Contractor is:
(a) paid in whole or vart f1'2m one or more of the City's 2Cneral fund:
cfU)ital proiect finds. special revenue funds. or IUlV other funds either
directly or indirectly. whether by competitive bid process. infonnal
bids. requests for pI'Ooosals. some fonn of solicitation. nesotiation. or
agreement. or any other decision to enter into a contraCt: or
(b) en~aged in the business of. or part of. a contract to provide. a
subcontract to orovide. or similarlY situated to Provide. services.
either directly or indirectly for the benefit of the City. However. this
does not lUlply to contracts related prima{ily to the sale of products or
~
(e) "Covered Services" arc the twe of services purchased bv the CilV that arc subiect to the
1'CQpirementa of this Division which include the following:
(1) City Service Contracts
Contracts involvini the City's ex.~nditure of over Sl00.000 per year and which
include the followin,. tyoes of .~rviccs:
(1) food prel)aration apdlor distribution~
(2) security services~
(3) routine maintenance services such as custodial. cleanins.
com,puters. refuse removal. re,pair. refinishin2. and recycling:
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(4) clerical or other non-supervisol)' office work. whether tell\POrarv
or oennanent:
(5) transportation and uarkina services:
(6) printing and ~(9duction services:
(7) landscaping. Lawn. and or apicultural services: and
(8) park and public olace maintenance
(2) Should any services that are bein2 perfonned by City EmnlQyees at the time this
ordinance is enacted be solicited in the future bv the City to be nerfonned by a
Service Contractor. such se~ices ,hall be Covered Services subiect to this Division.
SECTION ~8. ReI,,.,.'''' LIVING WAGE
(a) Lavine Wue Paid.
(1) Service Contraeto~
AU Service Contractors. as defined by this Division. entering into a contract with UtI(
City of Miami Beach shall pay to all its emoloyees who provide services covered by
this Division. a living wBic of no less thlU) S8.56 an hour with health benefits. or a
livin, wa,e of not less than $9.81 an hour without health ben~ts. as described in
this Seetio'll
(2) City EmDlovees.
For City BmplQyCeS under the City nay olan. the City will begin to pay a Jivin2 Wa2e
consistent with the 20alS and tenns of this Division on phase-in basis beainning in
the 2001-2002 City budJet year. increosing on an annual basis incrementally so that
the living Wage is fuUy illlPJcll1ented for City employees in the 2003-2004 City
budget year as m~ be acljusted pursuant to subsection (c) below. Thereafter. the
Liyinll WaRe to be oaid bv the City to its emolovees shall not be subiect to the annual
indexinl! usinlZ the Consumer Price Index for all Urban Consumers (CPr-In reauired
Qllder subsection ic) bc;low and instead shall be subiect to ne2otiations within the
conective bllI'llaininfl structure.
(b) Health Benefits. For a Covered Bmplover Of the City to com.J>IY with the livinll wage
provision by choosing to pay the lower wqe scale available when a Covered BmpJQyeF also
pr9vicjps health benefits. such health benefits shan consist of pavment of at least 51.25 per
hID1f towards the provision of health care benefus for Covered Employees and their
dependents. If the health benefits plan of the Covered Emplover or tbe City reauires an
initial period of emplovment for a new emDloyee to be eligible for health benefits (eligibiJil)'
~riod) such Covered EmplQver or City may Qualify to Day the $8.56 per hour wl\ge scale
during the new employee's initial eJillibility period Drovicled the new emDloyee wm be Daid
health benefits Qpon completion of the eligibili(y period. Proof of the proyision of health
benefits must be submitted to the awarding authority to QJ18lify for ~ wa,e rate for
employees with health ben~14.
(cl Indexlnt!. The livinll watte will be automatically indexed each year osin, the Consumer
Price Index for all Urban Consumers (CPI-U) unless the City Commission detennines
it would not be fiscallv sound to imolement the cpr-v in a oarticular year.
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(d) Certiftcatlon Reouired Before PaYment. Anv and all contracts for Covered Services
shall be void. and no funds may be released. unless prior to enterin2 any agreement with
the aty for a Covered Services contract. the employer certifies to the City that it will nay
each of its employees no less than the living wage described in Section 2-408 (a). A
copy of this certificate must be made available to the public upon request. The
certificate. at a minimum. must include the followin2:
(1) the name. Address. and ohone number of the employer. a local contact
person. and the specific oroiect for which the Covered Services contract
is sought:
(2) the amount of the Covered Services contract and the City Department the
contract will serve:
(3) a brief description of the proiect or service provided:
(4) a statement of the wage levels for all employees: and
(5) a commitment to Pl\Y all emRJoyees a livin, walle. as defined by
oar&mlph Section 2-408 (a),
(e) Observation 01 Other Laws. Everv Covered Emolovee shall be oaid not less than
biweekly. and without subsequent deduction or rebate on any account (excc~t as such
oaYToll deductions as are directed or permitted bv law or by a collective bariainin~
asrcement). The Covered Employer shall pay Covered Employees walle rates in
accordance with federal and all other apolicable laws such as overtime and similar wa~e
laws.
en Postln,. A COPy of the liVinV Walle rate shall be kept posted bv the Covered Bmoloycr
at the site of the work in a prominent place where it can easilv be seen and read by the
Covered Employees and shall be supplied to the employee within a reasonable time after
a request to do so. Poaling requirements will not be required where the Covered
Emplover ~rint8 the following statements on the front of the Covered Employee's first
pavcheck and every six months thereafter: uYou are required by aty of Miami Beach Jaw
to be paid at least $8.56 dollars an hour. If you are not paid this hourly rate. contact your
em plover. an attorney. or the City of Miami Beach." All notices will be printed in
English. Soanish. and Creole.
(Id Collective B8nnainin~ Nothin2 in this Division shall be read to u=quire or authorize any
Covered Employer to reduce wages set by a collective bariaining a~reement or are
required under any prevailinv wag~ law.
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SECTION 2-409. R888Pl'ed
IMPLEMENTATION
(a) Procurement SDeclftcattons. The livinll WaRe shall be reeuired in the orocurement
soecitications for all Citv service contracts for Covered Services on which bids or oJ"OgosaIs
shall be solicited on or after the effecJive date of this Division. The Drocurement
specifications for applicable Covered Services contracts shall include a requirement that
Service Contractors and their subcontractors agree to produce all documents and records
relatin8 to paYrOll and compliance with this Division uoon reauest from the City. All
Covered Service contracts awarded subsequent to the date when this Division becomes
effective. shall be subiect to the reQuirements of this Division.
(b) Information Distributed. All reauests for bids or reauests for oroDOsals for Covered
Services contracts of $100.000 or more shall include 8DoJ"Ooriate infonnation about the
requirements of this Division.
(c) Maintenance of Payroll Records. Each Covered Emolover shall maintain Davrolls for
all Covered Employees and basic records relating thereto and shall preserve them for a period
of three (3) vears or the term of the Covered Services contract. whichever is lU'Cater. The
records shall contain:
(1) the name and address of each Covered Employee:
(2) the iob title and classification:
(3) the number of hours worked each ~:
(4) the eross wae.es earned and deductions made:
(5) annual walles paid:
(6) a copv of the social securitv returns and evidence of Davment
thereof:
(7) a record of (nolle benefit payments includioll contributions to
approved plans: and
(8) any other data or infonnation this Division sh04Jd require from
time to time.
Cd) ReDOrtlo2 PavroU. Every six (6) months. the Covered Emolover shall file with the
Procurement Director a comDlete Davroll showinll the Covered Bmplover's Davroll
records for each Covered EmDlovee workinll on the contract(s) for Covered Services for
one o8vroll oeried. Uoon reouest from the Citv. the Covered Employer shall produce
for inSJ)CCtion and Col'yio~ its Dayroll records for any or all of its Covered Emplovees for
any period covered by the Covered Service contract. The Citv may examine oavroll
records as needed to ensure cOlQoJiance.
SECTION 2-410. R4!8eP\'.
COMPLIANCE AND ENFORCEMENT.
(a) Service Contractor to Coooerate. The Service Contractor shall DClll'lit City emolovees.
ascnts. or re.pfCscntatives to observe work hein, pcrfonned at. in or on the oroiect or matter
for which the Service Contractor has a contract. The City representatives may examine the
books and records of the Service Contractor relatin~ to the cmplovment and l>QyI'Oll to
detennine if the Service Contractor is in comoliance with the provisions of this Division.
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(b) ComDlalBt PrcM:edJlre8 and SanetloDs,
(1) An employee who believes that this Division llQplies or apnlied to him or her and
that the Service Contractor. or the City. is or was not conwlying with th~
requirements of this Division has a right to file a cODlplaint with the Procurement
Director of the City. Complaints by employees of alle~ed violations may be made
a.t 8t\y time and shall be inyestipted within thirty (30) days by the City. Written and
oral statements by an employee shall ~ treated as confidential @IlQ shall not be
disclosed V(iUtout the written consent of t~e employee to the extent alJowed bv the
Florida Statutes.
(2) Any indiviclua1 or entity may also file a complaint with the Procwement Director
of the City on behalf of an employee for investigation by the Citv.
(3) It shall be the responsibility of the City to investi2ate all alleiations of violations
of this Division within thirty (30) days. If. at any time. the qty. qpon inyestiption
determines that a violation of this Division has occurred. it shall. within ten (10)
working days of a finding of non-compliance. issue a notice of corrective action to
the employer s~ifyinll all areas of non-comJ)liance and deadlines for resolutions of
the identified violations. If a Service Contractor fails to comply with any notice
issus;d. the City Manager or the City Mana2er's desi8Jlcc may issue an order in
writinsz to the Service Contractor. by certific4 mail or hand deliverv. notifYing the
Service Contractor to appear at an administrative hearine before the Ci\y Man~eer
or the City Mana2Q:'s desience to be held at a time to be fixed in such order. which
date shall be not less than five is) dayS after service thereof.
(4) The procccding~ shall be informal. but shall afford the Service Contractor the
ri2ht to testify in the Service Contractor's own defense. ~~nt wi messes. be
reDresented bv counsel. submil relevant evidence. cross examine witnesses and
object to ~vidence.
(S) The proceedin~ shall be recorded and minutes kcgt bv the City. Any Service
Contractor I'CQUirin2 verbatim minutes for iudicial review may arranJe for the
services of a coun reDorter at the exocnse of the Service ~ontractor.
(6) Within ten (10) days of the close of the hearinsz. the City Mana,er or the Citv
Manaeer's designee shall render a decision in writinl determioinl wbether or not
the Service Contractor is in compliance. or whether other actiQn "'aujd be taken.
or whether the matter should be continued. as the case may be. and statin2 the
reasons and findings of fact.
(7) The City Manager or the City Manager's desiancc shall file findings with tbe
City Clerk. aqd shall send a true and COITeCt CODY of his order bv certified mail.
return receipt requested. or by band delivety. to the business address as the
Service Contractor shall designate in writing.
(8) The City Manuer's or designee's findinlJs shall constitute the final
administrative action of the City for purooses of iudicial revi~w under state law.
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(9) If a Service Contractor fails to ,eck timely a,ppellate review of an order of the
City Manaecr or the City Mana2er'~ dcsienee. or to comply timely with such
order. the City may oursuc the enforcement of sanctions set forth in Section 2-
410 (e).
Cd Private Rlmt of Action A~alnst Service Contrador Anv Covered EmnJovee of or
former Covered Emn'ovee of a Service Contractor may. instead of utilizinll the City
administrative nrocedure set forth in this Division. but not in addition to such Drocedure.
brinll an action bv filin2 sui. alliins. the Covered Emnlover in anv court of COmoctent
iurisdiction to enforce the orovisions of this Division and may he awarded back Dav. benefits.
attornev's fees. and costs. The aoolicabJe statute of limitations for such a claim will be two
(2) years as nrovided in Florida Statutes Section 95.1H4)(c\ for an action for oaVlnent of
walles. The court may also imoose sanctions on the Service Contractor. includinll those
ocrsons or entities aidin2 or ahettinll the Service Contractor. to include walle restitution to
the affected Covered EmoJovee and damalles oavable to the Covered EmoJovee in the sum
of 1\0 to 5500 for each week each Service Contractor is found to have violated this Division.
Cd) SanetloDS A2alDst Service Contractors. For violations of this Division. the Citv shalJ
sanction a Service Contractor bv reouirine the Service Contractor to pay waee restitution
at the emplovers ex-pense for each affected emplovee ansl mav access the followin,:
(1) The City IJlQY impose dama2CS in the sum of 5500 for each week for each
emoJoyce found to have not been paid in accordance with this Division~
andlor
(2) The City may sU$Dend or terminate oavment under the Covered Serviccs
contract or tenninatc the contract with the Service Contractor: andlor
(3) The City may declare the emolQyer ineli2ible for future service contracts
for three (3) years or until all oenaltics and restitution have been oaid in full.
whichev~ is lonser. In addition. all emolovers shan be inelipble under this
section where principal officers of the employer were principal officers of an
employer who violated this Division.
(e) Publie Record of Sanctions. All such sanctions recommended or imposed shall be a
matter of public record.
(ft Sanctions for Aldlne and Abettine. The sanctions in Section 2-410 lc) shall also aooly
to any party or parties aiding and ahettin, in any violation of this Di vision.
(,) RetaUatlon and Discrimination Barred. A Covered Emolover shall not disch8f2e.
reduce the compensation. or otherwise discriminate against any Coyered EIl\Dloyee for
makin~ a comolaint to the City. or otherwise assertin, his or hcr rillhtl under this
Division. -partie.patin&: in any of its proceedinjS or using any civil remedies to enforce
his or her ri2hts under this DivisiQn. Allc211tions of retaliation or discrimination. if found
true in a proceedinsr: under para~'ph (b) or ~y a court of competent iurisdiction under
o8J'8lUaoh lel. shall fCsult in an order of restitution and reinstatement of a dischanlcd
Covered Bmplovec with back pay to thc date of the violation or such other relief as
deemed appropriate.
70f9
(h) EnroreemeDt Powers. If necessary for the enforcement of this Division. the City
Pltt811RB\' Commission may issue subpoenas. comnel the attendance and testimony of
witnesses and oroduction of books. oaoers. recorda. and documents relatina to D8vroll
records necessary for heanna. investigations, and proceedinBs. In case of disobedience of
the subpoena. the City Attorney may apply to a court of competent iurisdiction for an order
requirin2 the attendance and testimony of witnesses and production of books. Plij)Cl'S.
records. and documents. Said court. in the case of the refusal to o~v such 8ub,pocna. after
notice to the nerson subj)OCnaed. and unon findine that the attendance or testimonv of such
witnesses of the production of such books. oaoers. records. and documents. as the case m~
be. is relevant or necessary for such hearings. investi,ations. or proceedings. mav issue an
order requirin2 the attendance or testimony of such witnesses or the production of such
documents and anv violation of the court's order may be punishable by the court as contempt
thereof.
(j) Remedies Herein Non.Excluslve. No remedv set forth in this Division is intended to
be exclusive or a prereqJ1isite for assertin, a claim for relief to enforce the neb.s under this
Division in a court of law. This Division shall not be constnled to limit an cmDloycc's right
to brina a common Jaw cause of action for wronRful termination.
SECTION2.REPEALE~
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section. subsection. clause. or provision of this Ordinance is held invalid. the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach. and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code
<?f the City of Miami Beach. Florida. The sections of this Ordinance may be returned.
80f9
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 28th day of April , 2001.
PASSED and ADOPTED this ~ day of April, 2001.
A TrEST:
JJ1J MAYOR
(Zc1u.J' faLc.1~
CITY CLERK
1st reading
2nd reading XX
Ordinance No. 2001-3301
APPROVED AS TO
FORM'" LANGUAGE
& FOR EXECUTION
~y~
r- t;:-() '-
\'QU\I'(-~~---y-
9of9
ORDINANCE NO. 2003-3408
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH. FLORIDA, AMENDING
CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED
"ADMINISTRATION"; BY AMENDING ARTICLE VI.
ENTITLED "PROCUREMENT"; BY AMENDING DIVISION 6.
ENTITLED "LIVING WAGE REQUIREMENTS FOR CITY
SERVICE CONTRACTS AND CITY EMPLOYEES";BY
AMENDING SECTION 2-408(b). ENTITLED "HEALTH
BENEFITS", THEREIN, TO PRESCRIBE A MAXIMUM
PERIOD OF TIME FOR THE "ELIGIBILITY PERIOD", AS
SAME IS DEFINED THEREIN, UNDER WHICH A COVERED
CONTRACTOR MAY QUALIFY TO PAY ANEW EMPLOYEE
THE $8.56 PER HOUR WAGE SCALE; PROVIDING FOR
REPEALER, SEVERABILITY. CODIFICATION. AND AN
EFFECTIVE DATE.
WHEREAS. the City award~ contracts to private firms to provide serVices for the
pUblic and also provides financial assistance to promote economic development and job
growth; and
WHEREAS, such expenditures of public money also serve a public purpose by
creating jobs, expanding the City's economic base, and promoting economic security for all
citizens; and
WHEREAS, such public expenditures should be spent only with deliberate purpose
to promote the creation of full-time, permanent jobs that allow citizens to support
themselves and their families with dignity; and
WHEREAS, sulrpoverty level wages do not serve the pUblic purpose, and such
wages place an undue burden on taxpayers and the community to subsidize employers
paying inadequate wages by providing their employees with social services such as health
care, housing, nutrition, and energy assistance; and
WHEREAS. the City has a responsibility when spending public funds to set a
community standard that permits full-time workers to live above the poverty line, and
therefore. contractors and subcontractors of City service contracts must pay their
employees nothing less than the living wage herein described; and
WHEREAS. in addition to requiring living wages for City services provided by private
firms. the City wishes to serve as an example by providing a living wage to all City
employees.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. AMENDMENT OF CITY CODe
That Section 2-408(b), entitled "Health Benefits", of Division 6, entitled "living Wage
Requirements for Service Contracts and City Employees", of Article VI, entitled
"Procuremenf', of Chapter 2, entitled "Administration, of the Miami Beach City Code Is
hereby amended to read as follows:
Chapter 2
ADMINISTRATION
* * *
Article VI. Procurement
* * *
Division 6. Living Wage Requirements for Service Contracts and City Employees
. * *
SECTION 2-408. LIVING WAGE
... ... ...
(IJ) Health BeReft... Fer S C9'lered EFApleyer or the City te Gomply ':.'ith 'he Ii':i"" wage
provision by GhaBsiRg to pay the le'f.18r wage scale s'Jailable when a Coveres iMpleyer
alsa pFevisas hea~ benefits, Bych health benefits shall Gensl&t af paymeRt of at loast
$1.25 por heyr 'awards tho p~:lslon af healtll safe beRefits fer COl.'ered Employees aRB
their dependents. If the health benefits plsn of the Co\'eFed imployer 9r the City reqwlFes
an initial period of employment for a A&w employee to be eligible for health genefite
(eligibility paFiod) Bush CO'Jeres implayer or City may ~uallfy te pay tho $8.66 per hewr
wage scale dyring the now empleyee's eligibility parios pro'/Idea the no'.\' employee will be
~aiEl health Benefits upon completion at tha ellgisillty ~er:loQ. Proef af the pro'/isle" of
health Benefits mu~t be sut>>mltted to the aW8Fdlfl{i awtheFity te Efuslily fer tha ..':.age Fate for
employees with health beAefite.
{b) Health Benefits: ellalblllty oerlod. For a Covered Emplover or the CItv to comDlv with
the Iivinc wace provision by chooslna to pay the lower waQe scale ayailable when a
Covered Employer also provides health benefits. such health benefits shall consist of
payment of at least $1.25 per hour toward the provision of health benefits for Covered
Emolovees and their dependents.
If the health benefits plan of the Covered Emplover or the CItv reQuires an initial oerlod of
emplovment for a new emolovea to be eliaible for health benefits (eUaibility period) the
IlvInp wace provision shall be complied with as follows durina the elicibllltv period:
(1) Provided the new employee will be paid health benefits upon the completion of
the eligibilltv period. a Covered Emplover or the City may onlv Qualify to pay the
$8.56 per hour wace scale for a term not to exceed the first nlnetv (~O) days of
the new employee's ellcibllltv period. said term commencina on the emclovee's
date of hire.
(2) If the Covered Emolovers or the City's elialbllltv oerted exceeds the ninety (90)
dav term orovided In subsection (1) above. then the Covered EmDloyer or the
City. commenclna on the ninety first (91.) day of the new emDlovee's elialbilltv
Derlod. must commence to Dav a Iivina wace of not less than $9.81 an hour.
Proof of the Drovision of health benefits must be submitted to the awardina authority to
cualify for the wace rate for emoloyees with health benefits.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It Is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of
the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be
retumed.
SECTION 5. EFFECTIVE DATE.
PASSED and ADOPTED this 30th
day of
, 2003.
ATTEST:
MAYOR
~~ f~~
CITY CLERK
..........,...."..
1 8t reading
2nd reading
APPRCWEDAl10
FORM. LANGUAGI!
afORlXECU11OM
T:\AGENOA\20031apr0903Vegulal\Llvlng Wage Prob Per 04 03 ord.do<:
1~'J
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
IICmCE IS HEREBY given tIllI public h8arlngs will be held by the Mlyor and City Commission of the CIty at Miami Beach. FIorkIt. IQ 1he'
Comml&slon Chambers, 3nllfoor. CIty 1faIl. 1100 Convenllon Cenler Drive. Miami Beach, floI1da, on WldnudI,. AprIl 3D, ZlI03.It....
....11ItIct bIIDw 10 coneider 1I1elOllOWing on llrat leading:
It 1M 1.11.: .
AN ORDINANCE AMENDING OROINAHCE NO. 1605, THE UNCLASSifiED EMPLOYEES SAlAIIV OSlDJNANCC; INCREASING ON THE FIRST PAY
PERIOD ENDING MAY 4, 2003. THE MINIMUM OF THE RANGES BY ~~ AND THE MAXIMUM OF THE RANGES BY 4%; AND BY ESTAlIUStING
THE ClASSIFICATIONS OF ASSISTANT DIRECTOR - NEIGHBORHOOD SERVICES, HOUSING MAHAGER, OFFICE OF COMMUNIlY SSNICES
0lVISl0N DIRECTOR, LABOIIIIElATIONS DII/ISION, DIRECTOR, lABOR RElATIONS TECHNICIAN I, SPEOAL EVEHTS COORDINATOR, PUBlIC
MCf COORDINATOR: AND AMENDING THE TITlES OF THE ClASSIFICATIONS OF HOUSING DEVELOPMENT DIVISION DIRECTOR TO
COMMUNllY DEVElOPMENT AND HOUSING DMSIOH D1RECTOSl, LABOR RELATIONS TECHNICIAN TO lABOR RELATIONS TECHNICIAN R,
TRAINING DEVELOPMENT COORDINATOR TO ORGANIZATIONAl. DEVELOPMENT AND TRAINING COORDINATOR, TRAINING SPEClAUST TO
ORGANIZATIOHAL DEIIElOPMENT AND TRAINING SPECIALIST; AND ABOLISHING THE T1TLf OF CLASSlACATlOH OF ASSISTANT TO THE
NEIOHBORHOOD SERVICES DIRECTOIl, PROVIDING FOR A REPEAlER, SEVERABILITY. EFFECTIVE DATE, AND COOlACATION.
It 1lI:IIO aai.:
AN ORDINANCE MlENOlHG ORDINANCE NO. 789, TIff llASSIf/ED EMPUiYEES SAlARY ORDINANCf. FOR ClASSIRCAnONS IN GROUP YI, BEING
OlliER ~FlCATlONS IN TIlE ClASSIFIED SEfMCE NOT CO~ BY A BAAGAlNING UNIT: INCRfASIIIG ON THE FIlST PAY PERon ENDING
MAY 4, 2003, THE MINIMUM OF TIlE RANGES 8Y 4'" AND THE MAXIMUM OF THE RANGES BY 4"':.AND BV ESTABUSHING THE ctASSlflCA1lON(Sl
OF ICE RIHK TECHNfCIAN AND SANITAroN OI'E~TIONS SUPERVISOR; AMENDING THE mus Of ClASSIFICATIONS OF PERSONNEL TECHNICINf I
TO HUUAN RESOURCES TECHNICIAN I. PERSONNEL TECIINlCIAN" TO HUMAN RESOURCES TECHNICIAN n, PERSONNEL TECHNICIAN II TO I<<JMAII
RESOlIIICES TECHNICIAN HI; PROVIDING FOR A REPEAlER. SEVERAlIIUTY, EFFECTNE DATE, AND CODIFICATION.
... t./ ..,0:111.m.:
~ All ORDlNANCE AMENDING CIW'TER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION"; BV AMENDING ARTIClE VI,
ENTITLED. "PROCUREMENT'; 8Y AMENDING DMSlON 6, ENTlnEl> "UVlNG WAGE REOUJREMENTS FOR CITY SEIMCE CONTRACTS AND
CITY EMPI..OYeES'; BY AMENDING SECTION 2-408(8), ENTITLED "HEALnl BENEFITS," THEREIN. TO PRESCRIBE A MAXIMUM PERIOD oF
TIME FOR THE "EUGl81UTY PERIOD," AS SAME IS DEFINED TIlEllEW, UNDER WHICH A COVERED CONTRACTOSl MAV OUAUFV TO PAV A
NEW EMPl..OVEE THE $!I.56 PER HOUR WAGE SCALE; PROVIDING fOR IEPEALER, sevERAlIIUT'I, CODIfICATION, AND AN effECTIVE DATE
Inquktll mly be Clllect8d lD the Human Resources 8113051673-7470.
at "lOG.....: .
AN OIIDINANCE AMENDING SECTION. 3Q-7B1BI OF THE MIAMI BEACH CITY CODe ENTlTLEO 'MITIGATIOH," PROVIDING FOR MITIGATION
HfNUHGS TO BE HEARD BY THE SPECIAl MASTER WITHIN ONE YEAR OF THE ISSUANCf OF THE AFRDAVlT OF COMPUANCE: PRlMlING
THE SPECIAL MASTER MAY AlSO HEAR MITIGATION REOUESTS BEYOND ONE YEAR AfTER TIlE AFFIDAVIT OF COMPLIANCE UPON
AI'PAOVAI. Of THE ADMINISTRATION; PROVIDNi FOR A REPEALER, SEVERA8lUT'I, COOIACATION AND AN EFFECTIVE DATE.
InqulII8I may be d1rect8d to the NlIlghbodloocl Services at (305) 604-248ll
AU. INTERESTED PARTIES are Invll8d tv IIJPIII' at this meeting, or be I.eaenled by an agent. OIlD 8IIIlf8S8 d1e1r vI8WIln WIfti1g ~ lD
lIle CRy Commlalon, c/O II!e City CIafk. 1700 Convlfllion CentIr Drive, 111 Floor, CIty Hall. Mllml Beaeh, FIorkIlI 33139. CopIaI aI tII...
ordInMclII are lYIlIaIlIe for Pubic NpectiGn durilg nonul business hOLQ In lIIe CIty ClI/Il'I OfIIce, 1700 conQf1/lon ea.... OIIw, III Floor, CIlr
Hal. MIami Beaeh. FloIId8 331311. n.. meeting may be CODtInutd 'nd lIIder ~ d1cUlIlIlInca IddlllanaJ legal notice would noI be ptMIld. .
Robert E. Pwchw, City Clelk
CRy of MIami Blaeh
Purluant to SeC1lon 286.01 OS, RI. Stal, the CIty her8by adVise. Iht public IIIat: if I /MIIIOI1 decides lD aPP8ll any declalcn mad, bJ 1111
aty CllmmlallllR with respct 10 any matter COIIIider8d allllll188llng or III hearing, SUCh peraon mull nUll !hit I verbllIm record aI
1I1e proceadlnlll I. made, which reconllnclucfll 1I1I1IIUmony and IVidIllCe upon which lI1e IIlII8BlII to be baed. Thill nata doea not
conatIIule content by the CIty for 1I1IIntIOducliOn 01 admlulon of othIrwtu InaclmlSllbll OIl1relMllIlVIlIenc,. nor dllea It IUIIIorItiI
cIIIII8ngIa or appeal, nat otIIeIwiaa dowed by law.
In ICCClIdIllC:8 wlth the Amlllcan' wAh DIIaIliIIIIee Act of 1990, peqona nl8Cllng lpec/alaccommadllion to partlclpalllln this pnICIIdlng,
or to lIquat information on aeceII for ptrIOIII with dilabllltle" 0110 requ'lI thll publication In acc:eaalble forlllll. or 10 IIqUIIIIIgn "
language 1ntIIpretm, shcUd ClIfItacl the City Clerk', offlce.1 (305)673-7411, DO later JIlan lour dIya JIf\Ill' lD lI1e Pf'QC8lding,1f I:lMIilg
Impal~. COIIf8Cf!hl City C1erk'a aIfice YilIhaFlorl~ .~ay ~ oom~. tBOO~ 956-:1771 (TTV) or (BOO) 855.8770 (VOICE). .,
'.(aldIOte5J ~ .. -" 1,)',,4.~".t.'t':."':.":"~~''''''.'
....
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
to
.......
Condensed Title:
An Ordinance amending the Living Wage Ordinance to provide a maximum health benefits eligibility period
during which 8 contractor may pay a new employee the lower $8.56 rate.
Issue:
Shall the City Commission create a consistency between the City and the City's contractors as to
maximum eligibility period for health benefits during which a contractor may pay a new employee the lower
$8.56 rate?
Item Sum /Recommendation:
Ordinance was approved by Commission 4/9/03 and second reading, public hearing was set for 4I30I03.
By adopting this Ordinance amendment, the Living Wage Ordinance wDl better ensure that contractors and
subcontractors follow the Intent of the Living Wage Ordinance, continuing to set 8 community standard that
ermits full-time workers to live above the ove line.
Advisory Board Recommendation:
IN/A
FlnancJallnfonnatJon:
SDurce Df
Funds:
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City Clerk's OffIce Legislative Tracking:
I T.C. Adderly
81 n-offs:
': '::~:~p'~lIr~~r}~~:
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'.~q~;C~:~er
-m4A.
ENOA\2003\apr3003\regularI.LMng Wage 91 d Prob Per 04 03sum2.doc
AGENDA ITEM R.S D
DATE 'I-3tJ -03
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.mlamlbeachfl. ov
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor Dav;d Dermer and
Members of the City Commission
Jorge M. Gonzalez \ ~
City Manager 0 Y' 0
Date: April 30, 2003
SECOND READING
PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI
BEACH CITY CODE ENTITLED "ADMINISTRATION": BY AMENDING
ARTICLE VI, ENTITLED "PROCUREMENT": BY AMENDING DIVISION 6,
ENTITLED "lIVING WAGE ~EQUIREMENTS FOR CITY SERVICE
CONTRACTS AND CITY EMPLOYEES": BY AMENDING SECTION 2-
408(b), ENTITLED "HEAL TH BENEFITS", THEREIN, TO PRESCRIBE A
MAXIMUM PERIOD OF TIME FOR THE IIElIGIBlllTY PERIOD", AS SAME
IS DEFINED THEREIN, UNDER WHICH A COVERED CONTRACTOR
MAY QUALIFY TO PAY A NEW EMPLOYEE THE $8.66 PER HOUR
WAGE SCALE; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION. AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Ordinance.
ANAL VSIS
The City has a responsibility when spending publiC funds to set a community standard that
permits full-time workers to live above the poverty line. In an effort to achieve this goal,
contractors and subcontractors of City service contracts must pay their employees nothing
less than the living wage. Such expenditure of money also serves the public purpose by
creating jobs, expanding the City's economic base and promoting economic security for all
citizens.
General Criteria of LivinG WaGe Ordinance
The intent of a Living Wage continues to be to provide salary rates for full-time employees
equivalent to the poverty level plus 10%, and therefore, eliminate sub-poverty level wages.
The Ordinance provided for a salary of $8.56 per hour for employees who already receive
health benefits and $9.81per hour for employees without health benefits. The Living
Wage Ordinance applies to City employees, contractors, and subcontractors of City service
contracts of $100,000 or more.
Per Section 2-408 (b) of the Living Wage Ordinance, Nlf the health benefits plan of the
Covered Employer or the City requires an initial period of employment for a new employee
to be eligible for health benefits (eligibility period), such Covered Employer or City may
qualify to pay the $8.56 per hour wage scale during the new employee's initial eligibility
period provided the new employee will be paid health benefits upon completion of the
eligibility period."
City of Miami Beach employees are eligible for health benefits after 90 days of
employment. This means that the City is permitted to pay an employee the lower $8.56
rate during those first 90 days of employment because the employee will be eligible for
health benefits on the 91st day. If the new employee is not be eligible for health benefits,
then the City must pay the higher rate of $9.81 beginning on the first day of employment.
It is proposed that the Ordinance be amended to have a consistent provision for
contractors as to the maximum eligibility period. The proposed Ordinance amendment
would permit contractors to pay a new employee the lower rate during the first 90 days of
the eligibility period. If the contractor's eligibility period is greater than 90 days, then,
commencing on the 91 st day of the eligibility period I the contractor will pay the employee
the higher rate of $9.81 until the employee receives health benefits.
CONCLUSION
By adopting this Ordinance amendment, the Living Wage Ordinance will better ensure that
contractors and subcontractors follow the intent of the Living Wage Ordinance, continuing
to set a community standard that pennits full-time workers to live above the poverty line.
JMG:MDB:TCA:GPL
T:'AGENDA\2003I11pr3003\regUIII\lMng W8Qlt lI1d plOb per 04 03 mem2.doc
INVITATION FOR BIDS
WATERWAY RESOURCE MAINTENANCE
BID # 12-05/06
BID OPENING: MARCH 1,2006 AT 3:00 P.M.
Gus Lopez, CPPO, Procurement Director
PROCUREMENT DIVISION
1700 Convention Center Drive, Miami Beoch, FL 33139
www.miamibeachfl.gov
F:\PURC\$ALL\John\Bids\05-06\ITB-12-05-06 Waterway Resaurce Maintenance.doc
<e MIAMI BEACH
DZ:PARTMENT
'\~~'
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~o. IjY~
't()~o.\ ~ ~,O\)DS
~ \ \ ~
201 p..\nambra C'\fC\e
suite ~~OO f\.. 33'\34
Cora\ aab\eSI
30&-42,.6246 I'lIone
305_&54-3125 fa~
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Nov. '21. '200b 1: i8PM
Hllb Kogal & Hobbs
No. Ij~~ rl,
eHRH
201 Alhambra Circle
Suite 1100
Coral Gables, FL 33134
305-421-6246 Phone
305-854-3725 Fax
www.hrh.com
Bill. Obrien@hrh.com
hilb r9gul &. hobbs
Date: November 27, 2006
To: City of Miami Beach
Attn: Mr Cliff Leonard , Risk Manager
Fax: (305) 673 .7023
No. of pages: 4
From: William J. O'Brien
Fax: (305) 854 -3725 Tel: (305) 421 - 6246
Re: Tow - Tell Marine Services LLC
Hull, Machy Etc/Protection & Indemnity Risks Insurance
Pollution Liability Insurance
Excess Protection & Indemnity Risks/Collision Liability Insurance
Certificate of Insurance
CONFIDENTIALITY NOTE:
This flilQl/ml,. contains /egB1 PRIVILEGED AND CONFIDENTIAL Information Intr/ndfJ(i only for tha use 01 thlllldO",ssH(s)
nlmsd sbove. If you 8'" not the IntendBd f8C/p/flnt of this ftJcsImilf1, or tM employee Dr sgent fflSpon""" for delivering il
ID tM Intended recipient, you 8'" hMby notHled that any dissemInation, distribution or copying of this fBcsfmlle 16 strlctJy
prohibited. "you hBvlJ ffCeIvsd this fllcsimile In error. plesse ImfT/l1diBtely notffy us by telephonB Inti ",rum the original
fscslmlle tD P. O. Box 141308, M18ml. Florids 33114, vis UnllfJd Stllttes Posflll SfHVK:B. TMnk you.
Message:
Dear Mr Leonard
As requested please find our certificate of Insurance for Tow - Tell Marine
Services LLC which we have arranged as per the requirement of the company's
co tract with the City of Miami Beach .If you have any questions please direct
th m to y attention at (305) 421 - 6246.
--I~OV, L {, LVlJb- ,: L~~!V1'-'=-H I oga I 0 S 7T i,~AT! (MMIOOIYYVY)
ACvl'Cu". \;fK 11t-'ICA TE OF LIABILITY INSURANCE 11/27/06
PRODUCER THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION
HUb Rogal & Hobbs/So Florida ONLY AND CONFERS NO RIOHTS UPON THE CERTIFICATE
201 Alhambra Circle, filii 00 HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
POBox 141308
Coral Gabl.., FL 33114-1308 INSURERS AFFORDING COVERAGE NAIC#
INIIURED INSURER A: Great American Insurance Co B80S1
Tow Tell Marina Services, LLC INSUReR B: Northern Assurance Insurance Co 38369
,
PO Box 490276 INSUReR C:
INSURER 0:
Key Blscayn., FL 33149 IN~URER E:
Ib K
, & H b b
I ,,",y, ; J;
No {j~~
L
COVERAGES
THe POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMeD ABOVE FOR THE POLICY PERIOD INDlCATEc, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WI'J'H RESPECT TO WHICH 'J'HIS CERTIFICATE MAY Be ISSUED OR
MAY F>ERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJeCT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~~~I TYPE OF INIIURANCI! POLICY NUMBl!" ~ EFFECTIve ~ UMITS
Mil
A ~NI!ItAL LlAIILITY OMH4958324 11/17/06 11/17107 eACH OCCURRENCE *1000000
DMe~c'AI. GeNERAL LIABILITY' DAMAGE m ReNTED *
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,!.. Protection & l"dem"1 ' PERSONAl & ADV INJURY .
_ txc.lud~ Swl"'!b ""~f- GeNERAl. AQQREGA~ S
~'L AGOREn LIMIT APn~ PeR; PRODUCTS. COMP/OP AQQ *
POLICY LOC
~TOMOBIU; UAIILITY COMBINED SINGLE LIMIT S
~Y AUTO t1tr4;!; (Ee IICCIdllll)
-
- ALL OWNED AUTOS BODILY INJURY $
SCHEDULeD AUTOS (Plr person)
- D"
- HIR~D AUTOS BODIW INJURY ,
NON-OWNeD AUTOS (Per eccldenl)
-
PROPERTY DAMAGe s
(Per .celdtnl)
GARAOE LIAJIlUTY AUTO ONLY. eA ACCIDENT $
:::rANV AUTO OTHeR THAN eA ACO S
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B tiJEUIUMal'll!l.LA UABIUTY N5JH23589 11/17/08 11/17/07 EACH OCCURReNCE ,1000000
X OCCUFt 0 CLIIIMS MADE AQGREGATe S
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A OTH!R Pollution _ OMH3491788 11/17/08 11/17/07 $1,000,000
DUCRIPTlON OF OPiltAnoN5/ LOCATION" VEHIcLes I exCLUlION1 ADDED IV IiNDORHMENT I SP!CIAL PROYlGlONl
Primary and bees. Liability Include Collision Liability limit of $1,000,000.
Thla i. Liability coverage In connection with operation of Insured', 1971 21' Drummond
open boat with two crew under contract with City of Miami Beach.
Covelillge for HulI@$10,OOO. Umlt.
(Se. Attached Descriptions)
CERTIFICATE HOLDER fA "1)1- ~surtd ~AN~I=LLATION
IHOULD ANY 0' TH! ABOVE DE8CRllilliD POLICI!S!l1! CANCl!LL!D BEFORE THli IXPlRATION
City of Miami Beach City Hall DAT! THEREOIl, THIi 1S1IU1~ INSUReR WILL ENDEAVOR TO MAIL ....30... DAYI WRITTEN
Attn: Cliff Leonard, Risk NOT! I! TO TH! CERnFlC.4Tli HOLD~ HAMI!D TO TH! LEFT, BUT FAILURE TO DO 10 SHALL
Manager IMPel ~;.."""'"' ~."........ "" .OU"'," _",.
1700 Convention Center Drive RIiP
Miami Beach, FL 33139 AU'I' o !NTATlVli
~
ACORD 25 (2001/08) 1 of 3 #877447/M77446 , OMN e ACORD CORPORATION 1888
oy,il. i006-1:28~i~~Hllb Rogal & Hobbs, No.13YY-r. j
, ,: DES,CRlP:'fIONS (Continued from Page 1)
Certificate Holder Is Additionallnl5ured. See attached for Insuring Clauses.
Nov. 27. 2006- 1:28PM-Hiib Rogal & Hobbs
-No. /:J99-f'. 4
IMPORTANT
If the certificate holder Is an ADDITIONAL INSUR.ED. the policy(res) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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 certiflcate
nolder In lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certlflcate holder, nor does It
afrlrmatively or negatively emend. extend or alter the coverage afforded by the policies listed thereon.
ACORD 215-8 (2001108) 2 of 3
#8nA47/M77446
Condensed Title:
Authorize the Administration to Enter into Negotiations, Pursuant to Invitation to Bid No. 12-05/06, Waterway
Resource Maintenance with the Best Value Bid Received from American Environmental Contractors, Inc.; and Should
Negotiations be Unsuccessful, Authorize Negotiations with the Second Best Value Bid, H20 Tow; and Further
Authorize the Ma or and Ci Clerk to Execute a Contract u n Com letion of Successful N otiations.
Ke Intended Outcome Su orted:
To Improve The Cleanliness of Miami Beach Waterways.
Issue:
Shall the City Commission Authorize the Administration to Enter into Negotiations and Authorize the Mayor and City
Clerk to Execute a Contract u on Com letion of Successful Ne otiations for Waterwa Resource Maintenance?
Item Summary/Recommendation:
The waterways that surround the area are one ofthe main attractions of the City's unique scenery. The ocean, bay
and inner canals provide residents and visitors with water-related recreational activities. During all seasons,
fishennan can be observed along canal banks and boaters can enjoy the natural aesthetic of mangrove covered
banks. The bayfront and canal system is highly visible to bordering homes, publiC access roadways, recreational
areas and commercial section, which include hotels and restaurants.
In response to results from a survey completed by City residents, business, and community groups, the City
Administration decided to further enhance the level of service being provided to the city waterways. Since cleanliness
of canalslwaterways was rated more poorly than cleanliness of city streets, the City will expand the waterway cleaning
efforts through a comprehensive program that will remove trash and debris from island canals and waterways
throughout the city.
The Contractor will be responsible for maintaining a standard level of no less than two (2) on the City's Cleanliness
Index during the daytime hours of 8:00 a.m. to 7:00 p.m. Should contractor not comply with the required Cleanliness
Index of two (2), a warning notice will be given to the Contractor. Contractor will only be allowed one warning notice
per quarter. Contractor will pay the City a sum of $500 for each subsequent notice.
During hurricanes or other windstonn emergencies, Contractor shall be available 24 hours, 7 days per week. Cost will
be geared towards hurricane-related recovery services. Any additional work required to support hurricane activity will
be negotiated subject to mutual agreement. The cost and expenses will be submitted to the City for approval in a cost
proposal by the successful bidder. Prior to signing a contract the successful bidder will be required to submit labor
and equipment prices that are FEMA approved. These prices will become part of the contract.
American Environmental Contractors, Inc. (American Environmental) was deemed to have submitted the best value
bid based on the experience and qualifications of their team, and the lowest estimated annual cost of $130,000 which
is subject to negotiations.
COMMISSION ITEM SUMMARY
Although American Environmental has the best value bid, the invitation to bid makes the award subject to
negotiations however any amount over $97,500 will be authorized In the contract, subject to funding availability.
Aoorove the Recommendation.
Advisory Board Recommendation:
I N/A
Financlallnfonnatlon:
Source of
Funds:
, ,Ap~v.f; ,
.<,......,'<r:-;~~:...>.,.-..;;.. ~'._",....,
LiJ
$97,500
$32,500
$130,000
Financial Impact Summary:
Ci Clerk's Office Le Islatlve Trackin :
Gus Lopez, ext. 6641
n-
IUststal)t .City:.ri~.r':';
ReM
tD
,..,.
MIAMI BEACH
60
AGENDA ITEM
DATE
C;J. ;:r
S"=-/o-06
~ MIAMI BEACH
City of Miomi Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachR.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City~mission
Jorge M. Gonzalez, City Manager ~ v--"O
May 1 0, 2006 U
REQUEST FOR APPROVAL TO AUTHORIZE THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS, PURSUANT TO INVITATION TO BID NO. 12-
05/06, WATERWAY RESOURCE MAINTENANCE, WITH THE BEST VALUE BID
RECEIVED FROM AMERICAN ENVIRONMENTAL CONTRACTORS, INC.; AND
SHOULD NEGOTIATIONS BE UNSUCCESSFUL, AUTHORIZE NEGOTIATIONS
WITH THE SECOND BEST VALUE BID RECEIVED FROM TOW TELL MARINE
SERVICES D/B/A H20 TOW; AND FURTHER AUTHORIZE THE MAYOR AND
THE CITY CLERK TO EXECUTE A CONTRACT UPON COMPLETION OF
SUCCESSFUL NEGOTIATIONS.
TO:
DATE:
SUBJECT:
ADMINISTRATION RECOMMENDATION
Approve the Recommendation.
FUNDING
Funds are available in the amount of $97,500 from the Public Works/Sanitation Professional
Services budgeted account as follows:
$97,500
Budget Account Number 435.0430.000312 (FY 05/06)
The remaining $32,500 will be included in the FY 06/07 Proposed Budget, subject to City
Commission approval.
KEY INTENDED OUTCOME SUPPORTED
To improve the cleanliness of Miami Beach Waterways.
ANALYSIS
In response to results from a survey completed by City residents, business, and community
groups, the City Administration decided to further enhance the level of service being
provided to the city waterways. Since cleanliness of canals/waterways was rated more poorly
than cleanliness of city streets, the City will expand the waterway cleaning efforts through a
comprehensive program that will remove trash and debris from island canals and waterways
throughout the city.
61
Commission Memo
Invitation to Bid No. 12-05/06
May 10, 2006
Page 2 of 7
ANALYSIS (Continued)
The purpose of this bid is to establish a contract, under the best value procurement method,
with a qualified contractor for the preservation of the City's waterways. The successful
bidder shall be responsible for the proper disposal of all litter, debris and organic material
that is collected in accordance with all City, State, County and Federal regulations.
The term of the executed Contract shall be for a period of one-year effective upon the
execution date of the contract. The City and Contractor may by mutual agreement, renew
this Contract on a year-to-year basis up to an additional five (5) years.
On the anniversary of each contract year the contract price shall be adjusted upwards or
downwards, as the case may be, according to increases or decreases in the Consumer
Price Index, All Urban Areas (CPI-U) for the month in which the adjustment shall take place
with an annual maximum adjustment not to exceed 2.5 percent.
The waterways that surround the area are one of the main attractions of the City's unique
scenery. The ocean, bay and inner canals provide residents and visitors with water-related
recreational activities. During all seasons, fisherman can be observed along canal banks
and boaters can enjoy the natural aesthetic of mangrove covered banks. The bayfront and
canal system is highly visible to bordering homes, public access roadways, recreational
areas and commercial section, which include hotels and restaurants.
The following aquatic conditions are found within the waterways of Miami Beach:
· The City of Miami Beach has over 14.2 miles of canal and island shoreline. The inner
canals and westem shoreline covers 12.127 miles and the shoreline surrounding the
Biscayne Bay Islands is 2.088 miles in length.
· Stormwater runoff enters the canal system along sloped banks and underground
culverts and concrete spillways in the older section of the City.
· Water levels fluctuate with tidal movement.
· Shoreline accumulation of trash includes palm fronds, which fall naturally from over
hanging trees and discarded landscape cuttings. Sea grass mats and floating casual
trash collects at the comers of residential docks, marinas and in other highly visible
areas.
· Large objects such as shopping carts, chairs, damaged boats and other unwanted
items continually find their way into the system.
· Substantial quantities of trash and debris collect in protected mangroves growing
along highly visible shoreline areas in Miami Beach.
· Floating vegetation and debris in the water impedes flow at drainage culverts.
62
Commission Memo
Invitation to Bid No. 12-05/06
May 10, 2006
Page 3 of 7
ANALYSIS (Continued)
· Other water-related issues include: illegal dumping in commercial areas, especially
where retaining structures are collapsing; vagrant camps undemeath City bridges
and along canal banks; dilapidated docks and seawalls in need of repair and piles of
construction debris left at the water's edge.
Assessment Areas and Freauencies
The Sanitation, Parks and Recreation, and Parking departments have reviewed and agreed
to use the cleanliness index to conduct assessments intemally on either a weekly or monthly
basis. The frequency of assessments discussed in this section is pertinent to those
assessments currently conducted by OBPI on a quarterly basis.
The areas to be assessed and the frequency of the assessments are specific to each of the
public areas. Public areas are currently assessed at different times of the day and at
different times of the week. The number of times a speCific public area is assessed is
dependent on the land usage. At a minimum, a selected public area will be assessed twice
in a quarter: once during the weekday and once during the weekend. Assessments are
conducted during the following times:
· Weekday Daytime (between 8am and 7pm)
· Weekend Daytime (between 8am and 7pm)
Waterwavs
All identified waterway hotspots and a random sample of 30 waterway non-hotspot locations
will be assess quarterly once during the week and once during the weekend during the
daytime hours. The identified waterway locations are those locations that an assessor can
view and assess safely from public dry location. The waterway hot spots are as follows:
· Collins between 23rd and 24th St.
· North Shore Drive between South Shore Drive and Marselle Drive
· 85th Street between Crespi Blvd and Byron Avenue
· Bridge on Waterway Drive between 80th and 81$t Street
· Dead end on 75th St. and Dickens Ave.
· 73rd Street between Dickens Avenue and Wayne St.
· Indian Creek Drive and 7200 St.
· 77th Street bridge between Hawthome and Tatum
· 81$1 Street Bridge between Noremac Ave. and Hawthorne.
The City reserves the right to select and assess a larger sample size of waterway locations,
if needed.
63
Commission Memo
Invitation to Bid No. 12-05/06
May 10, 2006
Page 4 of 7
ANALYSIS (Continued)
Cleanliness Index
Using the Cleanliness Index assessments of the City's public waterway areas are
conducted to score the cleanliness of the area based on contributing factors. The
cleanliness index and assessments will assist in achieving the following:
· The index will provide a quantitative measurement to gauge the cleanliness of the
City as it relates to the vision statement.
· The departments responsible for cleaning the public area can use the data captured
by the index to direct their efforts in improving their maintenance functions. For
example, Sanitation may use their cleanliness rating score to evaluate whether the
service level assigned to a street and sidewalk is sufficient to keep the area
acceptably clean.
· The index can assist the departments in determining what factors affect the
cleanliness of the public area.
· The index can evaluate if different initiatives and service levels are effective in
making the public area cleaner.
The cleanliness index and assessment process for the Miami Beach pUblic areas was
defined by first researching and leveraging the best practices from various national and
intemational municipalities and organizations. These municipalities and organizations
include New York City, Washington D.C., San Francisco, Miami-Dade County Parks, Florida
Center for Solid and Hazardous Waste Management, Toronto, Keep America Beautiful,
Keep Cincinnati Beautiful, and various others.
The Sanitation, Parks and Recreation, and Parking departments provided information and
assisted in defining the cleanliness index and assessment process.
The Contractor's performance of this Contract shall be assessed by City staff. Assessment
Areas and Frequencies are specified on the following page. A standard level of no less
than Two (2) on the City Cleanliness Index must be maintained. If at any time during the life
of the Contract, performance is considered unsatisfactory (less than two (2) on the
Cleanliness Index), the City Manager or his designee, shall inform the Contractor of the
deficiency in work.
The Contractor is responsible for maintaining a standard level of no less than two (2) on the
City's Cleanliness Index. Should contractor not comply with the required Cleanliness Index
of two (2), a waming notice will be given to the Contractor. Contractor will only be allowed
one warning notice per quarter.
Contractor will pay the City a sum of $500 for each subsequent notice.
64
Commission Memo
Invitation to Bid No. 12-05/06
May 10, 2006
Page 5 of 7
ANALYSIS (Continued)
EXCELLENCE PERFORMANCE INCENTIVE
If on two consecutive quarters, the contractor's performance is at an Index level of 1 , the City
may reward the Contractor by anyone or all of the following options at the City's sole
discretion.
1. Proceed of payment for valid invoices received within ten (10) calendar days;
2. Renewal of contract for additional years pursuant to renewal options;
3. An increase to Contractor's price at renewal of contract based on the Consumer
Price Index for Urban Areas (CPI-U).
COMPLAINTS
All complaints will be received by the City and promptly transmitted to the Contractor.
Contractor shall prepare, in accordance with the format approved by the City, and maintain a
register of all complaints and record the disposition of each complaint. Complaints shall be
identified and such record shall be available for City inspection at all times during business
hours. The form shall indicate the date and time when the complaint was received and how
and when it was resolved.
ADDITIONAL WORK
The City may request that Contractor provide for additional work due to specific area
complaints, blockages of navigation, and/or significant storm events.
During hurricanes or other windstorm emergencies, Contractor shall be available 24 hours, 7
days per week. Cost will be geared towards hurricane-related recovery services. Any
additional work required to support hurricane activity will be negotiated subject to mutual
agreement. The cost and expenses will be submitted to the City for approval in a cost
proposal by the successful bidder. Prior to signing a contract the successful bidder will be
required to submit labor and equipment prices that are FEMA approved. These prices will
become part of the contract.
ITB No. 12-05/06 was issued on January 30,2006 with an opening date of March 23, 2006.
A pre-proposal conference to provide information to firms considering submitting a response
was held on February 13, 2006. Bid Net issued bid notices to 36 prospective bidders, and the
Procurement Office issued an additional 14 bid notices, which resulted in the receipt of the
following three (3) bids from:
· American Environmental Contractors, Inc.
· Tow Tell Marine Services d/b/a H20 Tow
· 1-866-Junk Be Gone/Miami
65
Commission Memo
Invitation to Bid No. 12-05/06
May 10, 2006
Page 6 of 7
ANALYSIS (Continued)
The City's Environmental Resource Manager, Director of Sanitation, and Assistant Public
Works Director reviewed the bids received and listened to presentations by the three (3)
bidders. Following each presentation, a Question and Answer session was conducted.
The following Evaluation Criteria was used to evaluate and rank the respondents:
A. The experience and qualifications of the Contractor (15 points);
B. the experience and qualifications of the Key Personnel (20 points);
C. The experience and qualifications of the Team (10 points);
D. Cost (20 points);
E. Risk Assessment Plan for ensuring quality of work (10 points);
F. Past Performance based on number and quality of the Performance Evaluation
Surveys (10 points);
G. Operation Plan for meeting the City's standards and criteria based on the
Cleanliness Index (15 points);
At the conclusion of deliberations, the Administration unanimously recommended that
American Environmental Contractors, Inc. (American Environmental) submitted the best
value bid.
American Environmental was deemed to have submitted the best value bid based on the
experience and qualifications of their team, and the lowest estimated annual cost of
$130,000 which is subject to negotiations. American Environmental was founded in 1996
and their Main Office is located in Miami Beach, Florida. They have grown to become one of
South Florida's leading marine dredging and earthmoving contractors. They specialize in
canal dredging, beach restoration, and erosion control. American Environmental has
demonstrated an excellent safety track record and has complied with all required City, State,
County and Federal regulations/laws pertaining to this type of work.
The owner of the company, who will become the Project Manager for this City project,
George Munne has over 14 years of high complex wastewater treatment projects, and
dredging remediation projects experience, along with significant projects management
experience. He has been a licensed Environmental Contractor in the State of Florida since
1998, and has worked on numerous similar short and long term projects for federal, state
and local govemment clients.
American Environmental has recently completed the following projects in an excellent
manner:
· Miami-Dade County Contract (MDCC) - Solid Waste Management, Debris and
Stumps Large Debris Removal, $3,000,000.
Robert Menge, PurchasinglProject Coordinator; "This contractor has the required
equipment necessary for large projects, has provided excellent service, and I would
highly recommend them to provide this type of service".
66
Commission Memo
Invitation to Bid No. 12-05/06
May 10, 2006
Page 7 of 7
ANALYSIS (Continued)
· City of Punta Gorda - Waterway Debris Removal, $1,500,000.
Tonny Smith, Project Engineer; "Excellent contractor". They performed a significant
amount of work, were very responsive, and easy to work with".
· Lee County - Waterway Tree Debris Removal, $456,000.
Chris Koepfer, Project Manager; "Once this contractor became familiar with the
designated waterways, they provided excellent service and I would recommend them
for this type of work".
· Hardee County - Waterway Tree Debris Removal, $1,300,000.
Mark Frazier, Project Coordinator; "Once this contractor was issued the Notice to
Proceed, they expedited the entire scope of work at a fair and reasonable price with
only a few change orders upon our request". "They are an excellent contractor".
· City of Port St. Lucie - Waterway Tree Debris Removal, $800,000.
Shaliesh Patel, Project Manager; "This contractor is very responsive, and provided
excellent service. "We highly recommend them".
Although American Environmental has the best value bid, the invitation to bid makes the
award subject to negotiations. Negotiations would define frequency of service, debris
staging sites, timelines and any effect on contract cost however any amount over
$97,500 will be authorized in the contract, subject to funding availability.
CONCLUSION
Request approval to authorize the Administration to enter into negotiations, pursuant to
Invitation to Bid (ITB) No. 12-05/06, Waterway Resource Maintenance, with the Best Value
Bid received from American Environmental Contractors, Inc; and should negotiations be
unsuccessful, authorize negotiations with the Second Best Value Bid received from Tow Tell
Marine Services d/b/a H20 Tow; and further authorize the Mayor and City Clerk to execute a
contract upon completion of successful negotiations. Although American Environmental has
the best value bid, the invitation to bid makes the award subject to negotiations.
T:\AGENDA\2006\may1006\consent\Waterway Maintenance - Memo.doc
67
March 20, 2006
City Of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: John Ellis
Tow Tell Marine Services LLC, d/b/a H20 Tow has been in business for two years.
However, prior to establishing H20 Tow, Mr. Tellam was the owner of Sea Tow
providing similar services currently being provided by H20 Tow. Mr. Tellam was the
owner Sea Tow for 7 Years. Evidence of such ownership can be provided upon request.
H20 is regularly engaged in the type of services listed in the Scope of Services. We have
all of the resources necessary to provide such services.
Mr. John Tellam will be in charge of the operations while supervising the task required in
bid # 12-05/06, Waterway Resource Maintenance. H20 Tow fully understands the vision
of the city as it relates to this bid. H20 will be responsible for the disposal of all litter,
debris and organic material that is collected in accordance with all City, State, County
and Federal regulations.
Contained in the response is a list of references which will support the workmanship and
experience that H20 Tow is committed to providing the City of Miami Beach. Although
H20 is regularly commissioned to provide various types of towing services, the
waterways are subject to debris, litter and various trash which requires attention.
H20 wants to thank the City Of Miami Beach for the opportunity to submit this response
to Bid # 12-05/06- Waterway Resource Maintenance.
Sincerely,
.-;/l/7~~
MfTell~m '
H20 Tow
Key Personnel and Team
Mr. John Tellam will be the key person for Bid #12-05/06, Waterway Resource
Management. Mr. Tellam has been in the business of waterway resource management
and has maintained a captain's license for 25 years.
In addition to Mr. Tellam's years of experience, H20 Tow has four captains that are well
versed in traveling the waterways specified in Addendum # 2. The captains are as
follows:
1. Mr. Jake Branam, has approximately 2 years of experience.
2. Mr. Chuck Hansen, has approximately 2 years of experience.
3. Mr. John Tellam, has approximately 25 years of experience.
4. Mr. Mark Finch, has approximately 5 years of experience.
If the scope of this bid was to expand, H20 Tow has accessibility to resources to provide
the necessary services.
RISK ASSESSMENT PLAN
Prior to submitting the attached bid, H20 navigated through each of the areas identified
in the bid. H20 clearly understands that the City of Miami Beach is requesting that the
waterways are cleaned and maintained properly. The city advised via the addendum
that any problems outside their specified/required Scope of Work must reported to the
Sanitation Department.
Given the nature of the services requested, an assessment form created by H20 will be
submitted to the City of Miami Beach on a weekly basis detailing any problem areas.
Within a six month period the contractor and the City of Miami Beach will be aware of
the areas that require the most attention. Currently the hot spots identified are those that
are most visible to the residents and visitors of the City of Miami Beach. H20 has the
wherewithal to minimize to risk of an area not to be pleasing to the public.
H20 Tow is proposing that the waterways be serviced each Monday and Friday of each
week and therefore each month will have a total of eight services. This schedule will
have the waterways clean for upcoming weekends and H20 will go back after the
weekend to clean up. Any deviations to this schedule will be coordinated with the
Sanitation Department.
Under normal weather conditions there is no evidence to suggest that this type of project
has risk items associated with providing such services. Pursuant to any active hurricane
which has a direct impact on the areas specified, a one time clean up may be necessary to
return the areas to a manageable condition. H20 and the Sanitation Department will then
negotiate for the one time clean-up.
H20 can be contacted via cell phone in the event the city staff finds an area that requires
more attention. We will be on time when providing the required services. We will work
in partnership with the City of Miami Beach to ensure controls are in place to meet the
vision set forth in the bid.
OPERA TION PLAN
H20 Tow will have the required resources committed to the waterway resource
maintenance bid. On Mondays and Fridays we will commence with the hot spots to
ensure they are pleasing to the eyes before and after the weekends. H20 will furnish all
labor, tool, equipment, transportation, permits, licenses, services and any incidentals
necessary to ensure the vision of clean waterways is maintained.
Pursuant to navigating through the waterways and picking up the debris and litter, H20
will dispose of said material. H20 understands the guidelines that will be used to assess
the cleanliness of the waterways. We will inspect the surrounding areas for the
waterways removing any accumulation of trash.
Mr. Tellam has 25 years of experience and will be the lead for this project. The other
crew members are listed on the Key Personnel listing.
H20 Tow realizes that safety is first. All ofthe employees have been trained in water
safety. Additionally, safety classes are conducted quarterly to advise of any new issues
that need to be adhered to .
INSURANCE CHECK LIST
XXX 1.
Workers' Compensation and Employer's Liability to include the U.S. Longshoremen &
Harbor Workers Act and Jones Act per the Statutory limits of the state of Florida.
XXX 2.
Comprehensive General Liability (occurrence form), limits of liability $ 2,000,000.00 per
occurrence for bodily injury property damage to include Premisesl Operations;
Products, Completed Operations and Contractual Liability. Contractual Liability and
Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements" of specifications).
XXX 3.
Automobile Liability - $2,000,000 each occurrence - owned/non-owned/hired
automobiles included.
4.
Excess Liability - $
.00 per occurrence to follow the primary coverages.
XXX 5.
The City must be named as and additional insured on the liability policies; and it must
be stated on the certificate,
6.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
$
$
$
$
$
$
.00
.00
.00
.00
.00
.00
xxx 7. Thirty (30) days written cancellation notice required.
xxx 8. Best's guide rating B+:VI or better, latest edition.
xxx 9. The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this
insurance may be required ithin five (5) days after bid opening.
.A: ~L ~~~
f Sig . re of Bid~r -
January 30, 2006
City of Miami Beach
Bid No: 12-05/06
18 of 44
WATERWAY RESOURCE MAINTENANCE
BID # 12-05/06
Company Name:
.-- ~ [
J Ow Je' M~1f.,~ C;(~Yd:.c::.~
~ / bID.. J-).21) Jb w
Bid Proposal Page 1 of 2
We propose to furnish all labor, tools, equipment, transportation, permits, licenses, services and
incidentals necessary in order to maintain the City's waterways, in accordance with Scope of Work,
Terms and Conditions of the Bid, and the Cleanliness Index specified in Section 3.4 of the Bid
Documents.
MONTHLY FEE
MONTHS
ANNUAL TOTAL
*
.,r.. S ~~ .x
,,/ Z 71''--0
/ 77
12
~~;~D
7"\ O.
L,.,"' /"
,7/.
..J-' - ........,~ 1 ,.'. ;".- ~..' .,' 1,'::;::Qv. ,(u ,~9., 1,"-
/"- !.sJ2 ) j..' J_' .:;,- ~., - ~
January 30, 2006
City of Miami Beach
Bid No: 12-05/06
34 of 44
WATERWAY RESOURCE MAINTENANCE
BID # 12-05/06
Company Name: ---rO\.-\?)f. \\ JV\~~ ~~)~~ ~J~JtJ.... J..J2.,o 'I'ilW
Bid Proposal Page 2 of 2
PAYMENT TERMS: NET 30. If other, specify here
ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED
PART OF THE BID MUST BE SUBMITTED IN DUPLICATE.
SUBMITTED BY: --V-:;' /; 11' ~ ~ ~--.''''---
'/ (
COMPANY NAME: l.t. 0 ~W '
-
(I certify that I a
commit the bid
SIGNED:
Bidders must acknowledge receipt of addendum (if applicable).
Addendum NO.1: 2.) 2." ~ Addendum No.2:
Insert Date
~I q Jt>l,>
Insert Date
Addendum No.3:
Addendum NO.4:
Insert Date
Insert Date
~NAMEITITLE(Print):
V;-~7 // ~~//b'/ ~,-_,
, /
ADDRESS:
"330) t2t,-k.'c..rJ~C::.7( ~~~1)
~ Gi"s.. t..At 1)")1: P- ZIP: =3 ~ J ~ '1
\son 233 - /Pro ,
(~)J7 ~ ..,~~ 2 3t/ - DBQ 10
Lf3 - '20S-0~D J
City/STATE:
TELEPHONE NO:
FACSIMILE NO:
FEDERAL 1.0.#:
January 30, 2006
City of Miami Beach
Bid No: 12-05/06
35 of 44
CUSTOMER REFERENCE LISTING
Bidder's shall furnish the names, addresses, and telephone numbers of a minimum of three (3)
firms or government organizations for which the Contractor is currently furnishing or has furnished,
similar type, size and complexity of work as specified herein. (See "Minimum Requirements, page 2
and References Section Section 2.18)
1)
Company Name
SllV't\.kr-}..~ ~-nC
Address ~S-(l, Q\L.k.tal~ ~GS.t1
Contact Person/Contract Amount 'Bo~ L...LC:V\nG" / ~ ~/CO(1
/
Telephone No.~\t' - '2.~\c'l Fax No.
E-mail
2)
Company Name
Q., t.Lb'1 ~__ ffl~Y"}a
Address
'35'"
t2..~, k..t~~i(l CA~l
::s~4,o.o
Fax No.
Contact Person/Contract Amount
Telephone No.
"3"'" )~~<)
E-mail
3)
~ Bt~"At1~ ~<c..~ c..lu~
\ "I -:.:.a..tL- ~~
Contact Person/Contract Amount €. l. h, c.~ ~x..) / S4D(J1J
Telephone NO.. Ii:~' - ";j I~... F~a~ N~
E-mail .--/!t~~f!l~(Y.Sl 361- '3J.j.Cj
Company Name
Address
January 30, 2006
City of Miami Beach
Bid No: 12-05/06
37 of 44
CUSTOMER REFERENCE LISTING (CONTD.)
4) Company Name Ci\\{ t!;=- Jl1i'tA'YV\\ ~ ~
Address I '7b() l M\I~ ~M l t ~ .I)A./v~
Contact Person/Contract Amount &tv> ll~'"') ) i'JAJe )W')~ ../! 30V
Telephone No. ~S')lb"~- ''fqS- Fax No.
E-mail
5)
Company Name
tJ - 'T 1EL.J..l.
Add ress 1'-'1 f 6\. "YV\; fYM.,u.,..,\1f
Contact Person/Contract Amount ~~ ~Il /
Telephone No. '20/- u) 'J- zn, Fax No.
~"'J, \kV)
~ Cj{), n 6()
-
E-mail
6) Company Name 1$, ) I ~ J!,\r """1-t/)'L
Address ~ 1'1 c::-~ J<'ty &s~~
Contact person~:-)act Amount 1) hl - )
Telephone No~ * J - 2S-':>-V Fax No.
E-mail
January 30, 2006
City of Miami Beach
Bid No: 12-05/06
38 of 44
CONTRACTOR'S QUESTIONNAIRE
NOTE: Information supplied in response to this questionnaire is subject to verification.
Inaccurate or incomplete answers may be grounds for disqualification from award of this
bid.
Submitted to The Mayor and City Commission of the City of Miami Beach, Florida:
By ',"'ow ..~\-\... (V\Avt......,G, S~,.u;:,~ L..LL. ell &}o... I~ 0 Tn-J
Principal Office ?~O\ il..\Ll:.&.'~"'C.n... C.At.I'!'m.I~1 J lU~ Bi.s..t.A.t'1C: rL- :S~JL/.j
How many years has your organization been in business under your present business
name? ~ ,,~t..":.
Does your organization have current occupational licenses entitling it to do the work/service
contemplated in this Contract? ~C:~
Please state Iicense(s) type and number: If '5 \ ,. ~ \.0 -I'\>
Include copies of above licenses and certificates with proposal.
How many years experience in similar work has your organization had? I \) It'''''' J.
Have you ever had a contract terminated due to failure to comply with contractual
specifications? NolO
If so, where and why?
In what other lines of business are you financially interested or engaged? Nt\NfC'
Give references as to experience, ability, and financial standing ~G"" A\\t\G~
r'-~R~<'ll. Li~
Vendor Campaign Contribution(s):
a. You must provide the names of all individuals or entities (including your sub-consultants)
with a controlling financial interest. The term "controlling financial interest" shall mean the
ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any
corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall
mean any corporation, partnership, business trust or any legal entity other than a natural
person.
January 30, 2006
City 01 Miami Beach
Bid No: 12-05/06
410144
CONTRACTOR'S QUESTIONNAIRE (CONTO.)
r-.JQ tV~
b. Individuals or entities (including our sub-consultants) with a controlling financial interest:
have ~ have not contributed to the campaign either directly or indirectly, of a
candidate who has been elected to the office of Mayor or City Commissioner for the City of
Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom
said contribution was made.
I HEREBY CERTIFY that the above answers are true and correct.
~.4~
/
7~ ;~$--
(SEAL)
(SEAL)
January 30, 2006
City of Miami Beach
Bid No: 12-05106
42 of 44
Company Name - H20 Tow
Submitted by - Richard Shellow for H20 Tow
Pertains to Bid # 12-05/06 WATERWAY RESOURCE
MAINTENANCE
GENERAL EQUIPMENT LISTING
. Refuse Depository
. Pumps
. Compressors
. Dive Gear
. Floating Devices
. Lifting Equipment
. Air Bags
. Absorbent Spill Materials
· Containment Boom
. Patching Materials
VESSEL EQUIPMENT LISTING
. 198829 FOOT INTREPID VESSEL
. 1982 28 FOOT GULFSTREAM VESSEL
. 198220 FOOT SHAMROCK VESSEL
· 1981 60 FOOT GULFSTREAM TUG
. 199421 HURRICAN RIB VESSEL
. 110 FOOT BARGE AND CRANE
I 10.1. c.-> c..~t::JU ..L C. . ...Jc.r i.1 r 0
tD
.....
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miomibeochfl.gov
PROCUREMENT DIVISION
Tel: 305.673.7490 ,Fox: 305.673.7851(1-10)
PERFORMANCE EVALUATION SURVEY
Contractor Name:
~2D__~.~_,,-_..
Point of Contact:
~)}'i -ps:)l\Nv)
(~~ 2- ~ $ -lp~)
Phone and e-mail:
Please evaluate the performance of the contractor (10 means you are very satisfied and have no questions
about hiring them again, 5 is if you don't know and 1 is if you would never hire them again because of very
poor perfonnance).
NO.
..."'....-.---- -..,-.--.
1
2
3
5
Professionnlism and ability to manage (includes responses and
rom !.P..~Ym~~~.!o.~l!Pplie~.~.d subcon.!':'uctors)
Close out process (no punch list upon turnover, warranties, as-
builts. operating manUllls, tax clearance, etc, submitted
rom tl
~____,_h__,~.,_. ,....
Communication, explanation of risk, and documentation
COl1stnlction interface com leted on time
Ability to follow the Ul>Crs rules, regulations, and requirements
(housekeeping, safely, etc...)
(1-10)
4
(1- t 0)
6
( 1-10)
7
(1-10)
R
011 (1-10)
Overall commentS:~Ni:"'-' .<.1-. ;;?cr-.-~/~
, .~~_........._-~.,," ,,~ '...
Agency or Contac~.Reference Business Namc:---r-__.,_..C-\\\l
Contact Nmue: L..-'l-/..'j 0 po: if. (';;;"-r-t L"".,_." .
Contact Phone and e-mail; ~ s.) 3 c;; I 2> 3/<:'
Date or Services: ~,<
Dollar Amount for Services:
OF=' ty) i Q""';.. .
-'
_..",..t.3Q.9, ~~o
Thank you for yom' time and effort. Please fax this form to 305.763.7851
January 3D, 2006
City of Miami Beach
Sid No: 12-06106
<40 of 44
ce
MIAMIBEAC:H
City of Miami leach, 1700 Convention Cenler Drive, Miomi Beach, Florido 33139, www.mlamibenchfl.gov
PROCUREMENT DIVISION
T.I: 305.673.7490 ,fax: 305.673.7851(1-10)
PERFORMANCE EV ALVA nON SURVEY
H? 0 ')1JW
r" tll' I __
..J ~ \ ~ H,JYY)
~:>1 '2 3 5~ VCfJJ
Contractor Name:
Point uf Contact:
Phone and e-mail:
P)ea:;e evaluate the perfonnance of the contractor (10 means you are very satisfied and have no questions
about hiring them again. 5 is if you don't know and I is if you would never hire them again because of very
poor pcrfomlancc).
NO. CRITERIA UNIT
--1_ Ability to manag~le project cost (minimize chansc or~~~s.).._ w.ll:.!.o.L .N.
.......~<_"_ _.1\.~!!!)yto I~L~!~!!Jl!:.oject ~.chedule (compl<?te on-time or e~r!ii I a
Quality of workmanship
3
ID
10
5
Professional ism and ability to mauagl;l (includ"s roSpOIlStl5 and (1-10)
rom t a nen!s to suppliers and subcontractors) .
Close out process (no punch list upon turnover, warranties, a5- (t-lO)
builts. operating manuals. tax clearance. etc. submitted
rOm tl
---_._,._-_.,.._.__.~
Communication, explanation of risk, and documentation (1-10)
construction interface cOll!Eleted ~!!1!!!1.~)_______._n__.. .____.....
Ability to follow the users rules, regulations, and requirements (1-10)
(housekeeping, safety, etc...)
10
4
6
10
7
8
Overall customer satisfaction
"p-crt~:r:n~!l.!1.~e ('?o.mt~.!.~~vel in hirin
10
011 (1-10)
10
Ovel'oll Comments;
Agency or ConLacL RC~~~;
Contact Name: .
Contact Phone and e-mail:
Date of Services:
Dollar Amount for Services:
U -'1t:L"
.fl1~,Y\fii ~~..,~W!,~~) I
~'ll \) (p II ~ .2:....:2-1 J
~ <3~Il)~~
Thank you for your time and effort. Please fax this form to 305.763.7851
January 30. 2006
CIIy of M'emllleech
Bid No; 12-05106
~O of 44
e
MIAMIBEACH
City of Miami Booth, 1700 Convention Center Drive, Miami Bedel., Florld(l 33139, www,rniomibeochfl.sov
PROCUREMENT DIVISION
Tel: 305,673.7490 ,Fax: 305.673.7851(1-10)
PERFORMANCE EV ALVA TION SURVEY
~...b 0 rTu vJ
Contractor Name:
Phone and e-mail:
-So.\..\r\ 'l-~lIVYYj
(?.cS') Z 3-3...... u,001
Point of Contact:
Please evaluate the pel'fOrmmlce of the contractor (10 means you are very satisfied and have no questions
about hiring them again, 5 is if you don't know and 1 is jf you would never hire them again because of very
poor pcrfonnancc).
NO.
I
2
3
CRITERIA UNIT
~bil~.~_!o manage th~_P'!gje.9t c~~q~.~l<inj~!!.~_~~~ng~_9..rd.:~r.~L_ .H: 101..... ,./P.
A!?Jlity!() m~tll~l1 proj~ct schedul~< (~~!l1plete Ol1:.!!lneo.~ear1y) Jk.!QL. _l..l2.._
Quality of workmanship (1- J 0)
10
PrufessioTIHtism Hnd~hi1ity'i;;;:;l~~;ge (includes responses and (1-10)
rom t a ments to su tiers and suhcontractors J 0 .
Close out process (no punch list upon turnover, w~~nnties, Il~: (i'~-iO)--
builts, operilting manual!!, tal<: clearance, fltC, !:ubmitted
tom tI 10
Communication, e~pi~nat.i~~-"Of"~isk,' and documentation (1-10)
construction interface com lcted on time I 0
Ability to follow the users rules, regulations, and rcqUi~W;c~'t~' ( 1-10)
(housekeeping, safely, etc. ..)
4
5
10
10
6
7
8 Overall customer satisfaction and hiring again based 011 (.-10)
er,formance ,~,O:::I~:":1!n~,:&', 1.1tl:ll~t;or.~&f.li,111._._
Overall Comments: ......- , ~~L.,........
Agency or Contact Reference Busine!:!l N:lIne:
Contact Name;
Contact Phone and c-rnail:
Date of Services:
Dollar Amount for Services:
~~l~eJ-tb~t-''' ~~~tL.~1(/8
150 S::2 '::? ~ , - 9 \ "711VJ~~...._._.
.. '<' )f 5'tJ, Dr70'---
Jlll'IUary 30, 2006
City of Miami Beach
Thank you for your time llnd effort. Please fax this form to 305.763.7851
Bid No: 12-06/06
40 of 44
r-KUI'I .
r r1t'1 l"tU.
..JUI 11,,,,\...1 LL.
e MIAM\BEACH
<;1'7 .. Miami a.ach, 1700 C()flvwn'lon Ccllle< Dn"., MlGmlll_ch. rlOl'ldu 331 39. ...........ml"mlbeochtl,~
PROCUREMENT DIVISION
T.l: 305.673.7490 . fOIl: 305.67:1.1IS1(1-10)
PERFORMANCE EVALUATION SURVEY
Hi' "Tow
.JoitJ l~ I M4
Phone and c.mall: (Bos; ) 7.. '?;)?J " C:JOD J
--.
Contractor Name:
Point of Contact;
Pic..., evaluate the parfonnll\c~ of the (:onloetor (10 means you are vuy satisfied and have no quClltiona
about hiring them asain, 5 II if you don 't bow and 1 i. if yOU would nevClf hire them again because of vory
poor perform~).
NO.
J
:2
3 10
.. (1-10) 10
(1-10)
S 10
6 0-10) 10
(1-10)
7
/0
8 (1-10) /0
A8"'C)' or Con_ ~ B..,;.... N...., ~icl€JJ~L ~Nol. =-
Contact Name; _. ~~~?Cbr.. ~ ~ ~
Coontacft SeP~~. · - ....malle :A - r ~ ~" \ Co . ~. ~~.' . :e.?~_.__ . ~1' .
ate 0 rncel: '. .
Doll. Amount for Scrvi'll'; ~ I of'( ~ (} ~-lZA ,.9
Tblnk you tor your twe and ef'tort. PI.le tlX. thAt form to 305.'763.'7851
JelIulll'f 30, 200e
OItY 01 Mk1im1 Iklaoll
.. N., 12.~
406' ..
r~UI.1
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r- H/\ r'4U. .
1"lor'. c........) r.::.t:JUD ..l.c:....-tc..rll loJ
MIAMIBEAC,H
City 0' Miami leach, 1700 Convention Center Driv@, Miami Beach, Florida 33139, www,mlomlbeachA,gov
PROCUREMENT DIVISION
Tel: 305,673.7490 ,Fox: 305.673.7851(1-10)
PERFORMANCE EV ALVA TION SURVEY
L\~_...:::I,i;u,.J-__.._._._
:s c l..\.4--::.p:iL~l\4--<-_.-..
~ Q~ 3 2.--=-__~O~~._..___.__.<
Contrnctol' Name:
Point of Contact:
Phone Ilnd e-mail:
Please evaluate the perkmnancc of the contractor ( III mean::; you arc very satist1cd and have no questions
about hiring them again, 5 is if you don't know and I is if you would never hire them again because of very
poor performance).
NO.
1
2
3
ID
,-, ......,...,....~~--..._-~, ..-....-..-
10
4
..___......._.......,.,. ,_._,'.." .-.............,. ......____..............,.-,..-,_ '"........"-'H"'.'_..
Professionalism and ability to munoge (includes responses ffild (1-10)
rom t a ents to SUo Hers and subcontractors)
Close out process (no puneh list upon t~lmover, w~~ti;,-;'~- -'71~ 10Y-' .'.- .--.----
builts, operating manuals, tax clearance, etc, submitted 1 0
P~o..I!lElly)
Communication, explanation of risk, and documentation (1- ) 0)
construction interface com Jeto4-(?~.g!l1c),...,".. .._".__________.
Ability to follow thc U3crR rules, regulations, aud rcquircmonl:! (1-10)
(housekeeping, safely. ete. ..)
5
6
16
7
10
IS Overall customer satisfaction a~d -i1iring'~g~i~1)a;ed-'-on (1-10)
___ ..~rfoml'nce (comfort lovel in hiring .c~_tor as~inJ._..._
Overall Comments: ... ~~Xa_ ~
10
Agency or Contact Rclcrcncc Business Name:
Contact Name:
Contact Phone and e-mail:
Date of Services:
Dn)hr Amount for Services:
~ < n-I\ --.^ .
..Jtvln~J.j ....J~"'...~'""'cG
80 B LlaVtYza-
l~o~) ?''''I- 'Z..~~"7__,._.._____
..___,_,._.A ~{),~
JQnuary 30, ~006
City of Miami Beach
Thank you for your thne and effort. Please fax this form to 305.763.7851
Bid No: 12-05108
40 of 44
FROM
FAX NO.
Mar. 22 2006 06:02PM P2
,A
MIAMHJ"DE couto'V 3105 OCCUPAnOML UCENSE TAX 200lJ
TAJe: COUECI'OR UlAMH)ADE CoornY - STATE OF FLORIDA
140 W. R..AGLER st. EXPIRES SEPT. 30. 2006
1401 R.OOR MUST BE DISPLAYED AT PlACE OF BUSINESS
MIAMI. R. SS130 . . .~.~~NT.lO COUNTY CODE CHAPTER II' - ART. 9 . 10
-- -_.-~-..:~..:.... .:- -~... ... .
FJRS1:.CLASS
U.S. POSTAGE
PAID
alIlA11l,FL
PERMrT NO. 231
5318l0-9 THIS IS NOT A Bill-DO NOT PAY RENEWAL
BU~t;mr'LOCA11ON UCENSEND. 451936-0
3301 RICKEN.ACKER CSWV
33149 RIAMI
~ TEll MARINE SERVICES LLC
~~~BDAT SERVICE & REPAIR
EMPlDYEE/S
,
1MS!CAII ~
TAl( Dill-V. IT DDES "OT
_ YME ..- TO
VIOlATE AWl ~
f1E811UlR1l11' _ _
....._ W TIl€ COoIIfIY OIl
ClMS. 11011 DOI!I IF
ElI8IPT THE ~
..-....V DnEKu-.E
OIl PI...." ..-.... ,y
LAw. na IS IlU'I' A
c.:_CAftON 01' 'nOI!
UCBlSE:E$ 0UIlIMII:lIr
nOM.
DO NOT FORWARD
H20 TOW
HENRY S TELlAH JR
PO BOX 49027'
kEY JISCAVNE Fl 33149
MVIlDIT_
U1-.o.u11l ~TAI
COI./...!~81ZV2005
lOOJtOO.D175
oorIM~..1l0
.
.....
~
1,11 i 1/1/1" HI L ill ii Ii: r Ii 1111 t i ,Ii II 11.1111 J III i , H II! I j! Ii
SEE OTHER SIDE
.
...
m
.....
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gav
PROCUREMENT DIVISION
Tel: 305-673-7490 , Fax: 305--673-7851
March 9, 2006
RE: ADDENDUM NO.2 TO INVITATION TO BID (ITB) NO. 12-05/06-
WATERWAY RESOURCE MAINTENANCE
In response to questions and requests for additional information received by prospective
Contractors, the ITB is hereby amended as follows:
1. The last day for receipt of questions from prospective bidders has been
changed from March 13,2006 to March 16,2006 at 5:00 p.m.
2. The successful contractor shall be responsible for all costs incurred for the
proper disposal of all litter and debris that is collected in accordance with all
City, State, County and Federal regulations, as the City has no available
disposal site(s).
3. Please see the attached documents of the following additional information:
A. Locations and Classifications of the City's designated Waterways. (3 pages)
B. Cleanliness Index for Assessing Waterways. (Pages 19 - 34)
Contractors are reminded to please acknowledge receipt of this addendum as part of
your bid submission. Contractors that have elected not to submit a bid please complete
and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not
submitting a bid.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
F:IPURCI$ALLIJOHNIBIDSI05-061ITB-12-05-06 WA TERWA YSAddendumNo 2.doc
I Public Area, I Address I.Classificationl Area
North Shore Drive between South Shore Drive
Waterways and Marselle Drive Hotspot North
85th Street between Crespi Blvd and Byron
Waterways Avenue Hotspot North
Bridge between on Waterway Drive between
Waterways 80th and 81 st Street Hotspot North
Waterways Dead end on 75th St and Dickens Ave. Hotspot North
73rd Street between Dickens Ave. and Wayne
Waterways 51. Hotspot North
Waterways Indian Creek Drive and 72nd 51. Hotspot North
77th Street bridge between Hawthorne and
Waterways Tatum Hotspot North
81th Street bridge between Noremac Ave. and
Waterways Hawthorne Hotspot North
Waterways Collins between 23rd and 24th 51. Hotspot Mid
Waterways Bridge between Palm Island and Hibiscus Island Non-Hotspot South
Beginning of the bridge on MacArthur Causeway
Waterways (West of Alton Road) Non-Hotspot South
Waterway on Convention Center Drive and
Waterways Dade Blvd. Non-Hotspot South
Waterways Waterway on Bay Road and Dade Blvd. Non-Hotspot South
Waterways Bridge on Alton Road just south of Dade Blvd Non-Hotspot South
Waterway at the end of 10th St (1 block west of
Waterways West Ave.) Non-Hotspot South
Bridge between the MacArthur Causeway and
Waterways Palm Island Non-Hotspot South
Bridge between the MacArthur Causeway and
Waterways Star Island Non-Hotspot South
Waterway on 69th St and a block west of Indian
Waterways Creek Dr Non-Hotspot North
Bridge on Normandy Drive between Bonita Dr
Waterways and Bay Dr Non-Hotspot North
Waterway at the end of Rue Notre Dame (1
Waterways block north of Marseille Dr) Non-Hotspot North
Waterway at the end of Bonita Dr (1 block north
Waterways of Normandy Dr) Non-Hotspot North
Bridge on W 63rd St between Pine Tree Dr and
Waterways Allison Rd Non-Hotspot North
Waterways Bridge on W 63rd St and Indian Creek Dr Non-Hotspot North
Bridge on Pine Tree Lane between La Gorce
Waterways Circle and Pine Tree Drive Circle Non-Hotspot North
Bridge on Biarritz Drive between Calais Drive
Waterways and South Shore Drive Non-Hotspot North
Bridge on W 47th St between Meridian Ave and
Waterways Prairie Ave Non-Hotspot Mid
Waterway at the south end of the intersection of
Waterways West San Marino Dr and Eat San Marino Dr Non-Hotspot Mid
Bridge on Venetian Way between Rivo Alto
Waterways Island and Belle Isle Non-Hotspot Mid
Waterway on Collins between 45th St and 46th
Waterways St Non-Hotspot Mid
Waterway on Collins between 46th St and 47th
Waterways St Non-Hotspot Mid
Bridge On Sunset Drive between North Bay
Waterways Road and W 21st St Non-Hotspot Mid
Waterway on Collins between 49th St and 50th
Waterways St Non-Hotspot Mid
Waterway on Indian Creek Drive between 29th
Waterways St and 30 th St Non-Hotspot Mid
Waterway on Indian Creek Drive between 32nd
Waterways St and 33rd St Non-Hotspot Mid
Waterway on Indian Creek Drive between 35th
Waterways St and 36th St Non-Hotspot Mid
Waterway on Indian Creek Drive between 39th
Waterways St and 40th St Non-Hotspot Mid
Waterway on Indian Creek Drive between 28th
Waterways St and 29th St Non-Hotspot Mid
Waterways Jefferson Ave and 19th St. Non-Hotspot
Waterways End of Ray St. (South of South Shore Drive) Non-Hotspot
Waterways End of Rue Versailles( South of Bay Drive) Non-Hotspot
End of South Shore Drive (West of North Shore
Waterways Terr.) Non-Hotspot
End of Tatum Waterway Drive (South of 77th
Waterways St.) Non-Hotspot
Waterways End of Purdy Ave and Dade Blvd. Non-Hotspot
Waterways Indian Creek Drive on 26th St. Non-Hotspot
Waterways End of 69th St.(West of Indian Creek Drive) Non-Hotspot
Waterway at South Beach park (between
Waterways Biscayne St. and Alton Rd,) Non-Hotspot
Waterways Waterway off of Muss Park Non-Hotspot
Waterways Waterway off of Pine Tree Park Non-Hotspot
Waterways End of Wayne Ave (North of Michael St.) Non-Hotspot
Waterways End of Mitchell St. (North of North Shore Drive) Non-Hotspot
Waterways End of Hagen St. (South of South Shore Drive) Non-Hotspot
Waterways End of Alton Ct.(North of 17th St.) Non-Hotspot
Bridge on West 63rd St. between Allison Road
Waterways and Indian Creek Drive Non-Hotspot
Waterways Bridge on W. 29th St. (West of North Bay Road) Non-Hotspot
Bridge on Venetian Way between San Marino
Waterways and Di Lido Island Non-Hotspot
Bridge on the Venetian Way between Purdy Ave
Waterways and Island Ave on Bell Isle Non-Hotspot
Bridge on Sunset Drive between Sunset Island 3
Waterways and 4 Non-Hotspot
Bridge on Pine Tree Drive (South of of W. 51 st
Waterways St.) Non-Hotspot
Bridge on Normandy Drive between Bay Drive
Waterways and Bonita Drive Non-Hotspot
Waterways Bridge on Liberty Ave (Nprth of 23rd 8t.
Waterways West Ave and Dade Blvd
Waterways End of Bay Road (North of W. 48th 8t)
Non-Hotspot
Non-Hotspot
Non-Hotspot
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florido 33139, www.miomibeochfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490, Fax: 305-673-7851
February 27, 2006
RE: ADDENDUM NO.1 TO INVITATION TO BID (ITB) NO. 12-05/06-
WATERWAY RESOURCE MAINTENANCE
In response to questions and requests for additional information received by prospective
Contractors, the ITB is hereby amended as follows:
1. Bid opening date is changed from March 1, 2006 to March 23, 2006 at 3:00
p.m.
2. The last day for receipt of questions from prospective bidders has been
changed from February 20,2006 to March 13,2006 at 5:00 p.m.
3. Deadline for receipt of the Performance Evaluation Survey(s) on page 39
and 40 of the bid documents is the same as the bid opening date of March
23, 2006 at 3:00 p.m.
4. The definition of "floating liquid" as noted in the Cleanliness Index 2 is defined
as any oil, gas or any liquid that may potentially cause an environmental
concern to the waterways.
5. There are a total of 156 possible locations for the cleanliness survey to
observe. Each quarter 39 locations are sampled/surveyed consisting of 30
non-hotspots (randomly selected) and 9 hotspots (always the same each
quarter.
6. Revise: Section 3.15 - EXCELLENCE PERFORMANCE INCENTIVE,
paragraph 3 to read: An increase to Contractor's price at renewal of contract
based on the Consumer Price Index for Urban Areas (CPI-U) which shall not
exceed 2.5% annuallv.
Q. Ref. page 2 / Estimated Budget Range. Please provide any analysis, figures
and or estimates used by City staff to arrive at the budget range. Which City
Department prepared this budget?
A. The City's Sanitation & Public Works Departments provided a rough estimate
for the budget. This was compared to other cities and counties and how they
do similar work. The estimated annual budget range is $75,000 - $85,000.
Q. Ref. page 8/ Section 1.27. Under the Bid Guaranty, explain what tc\12"5
means, is that a typo?
A. This is a typographical error. A Bid Guaranty is not required.
Q. Ref. page 16/ Section 0.1.1.2. Are the canals navigable? Does the City
know of or have copies of the referenced Acts of Congress?
A. All canals are navigable. Collins canal does require a smaller boat since it is
difficult to get under the bridges. All canals are city-owned except for Indian
Creek, There is no mention of "Acts of Congress" in the bid documents.
Q. Ref. page 27 / Section 3.4 Is it the City's intent for contractor to remove and
dispose of damaged, or derelict or sunken boats under this contract?
A. No.
Q. Is it the City's intent for contractor to remove and dispose of illegal dumping
from canal banks, and to dismantle and remove and dispose of vagrant
camps under the bridges? If that be the case, is the City providing a police
presence at these events?
A. Waste, debris etc. should be removed from the waterways up to the high
water mark. Other bank garbage pickup shall be coordinated between the
contractor and the City's Sanitation Department? The contractor will be
required to notify the Sanitation Department of any/all problems outside their
specified/required Scope of Work. Should the City determine that additional
work is required, this additional work will be negotiated, and
amended/incorporated to the contract, however for now additional work will
be handled by the Sanitation Department.
The City will provide assistance from Marine Patrol and Neighborhood
Services should the contractor be required to dismantle, remove and dispose
of vagrant camps.
Q. Ref. page 30 / 3.10.1. Is it not unreasonable for the city to require new
equipment when the budget amount yearly is low? Will the city not reconsider
this provision?
A. "New" equipment is defined as clean/new appearance and in good
working/performance condition. A list of equipment, age of equipment and
pictures of equipment shall be included with the submittal of the Operation
Plan.
Q. Ref. page 32 / Would the City please make available copies of the last 2
cleanliness assessments performed by city staff for the "hotspots" mentioned
in this section?
A. Please see the five (5) attached Waterway Cleanliness Assessment
Forms. These cleanliness assessments were performed in December 2005. It
is highly recommended that prospective bidders conduct their own
assessments prior to bid submittal.
Q. Would the City please provide a map that indicates the waterways that fall
within the required Scope of Work?
A. A copy of the map will be provided in the following addendum along with other
additional information.
Contractors are reminded to please acknowledge receipt of this addendum as part of
your bid submission. Contractors that have elected not to submit a bid please complete
and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not
submitting a bid.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
F:\PURC\$ALL\JOHN\BIDS\05-06\ITB-12-05-06 WATERWAYSAddendumNo 1.doc
City of Miami Beach
Waterway Cleanliness Assessment Form
ASSESSOR ASSIGNED (Last Name, First): I
I
ASSIGNMENT ADDRESS: West Ave and Dade Blvd I
ST ARTTIME, '5 : 5} STOPTIME: <1 : CJf I
I Area: S
DATE:
f ;2/,J!u'>"
I I
--~----
Circle the number that best describes the area being evaluated using the cleanliness index:
"1l" "t ,,' 'I':'" , ,'<. , ,';>:, ,.',.','".. '., '5' ' ""h' "t' V 'r<:':i:!:':""'" 1;.",(';,:. "''',:, ""::',.~:,'i'r;',,,,
:""~:J feme Yr':"; ,"""''(jt " ".",', OlUe.W."::;t "t.;~mltW~ :i" <:':"P;D:'~V:'>""'"
":::,}CI~b' ",," I,U:::':",'.',', ,~~: .:; :..,'",' :: ',' '.cj~ij~::\(;f, ',::;~:~',"\Df;",' ,':,,;:>; ,~;:;.-y,,~:~;r'}:r:;y{:, .
LitterlWaste 2 3 ~) 5 6
Organic Materials 2 3 C0 5 6
Comments: (If any of the areas yields a rating of 4,5, or 6, then please provide a comment to describe the situation)
~- - pr<..~.
~- =7
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A~~<:"~""O ''$,<:,,''1 '-L''-=-
)
City of Miami Beach
Waterway Cleanliness Assessment Form
DATE: 1 )...hJ"1 cj 5" ASSESSOR ASSIGNED (Last Name, First): r
f , I
. .SSIGNMENT ADDRESS: End of Purdy Ave and Dade Blvd. I
START TIME: '::1 ',a; STOP TIME: CJ: Q~- I
I
I Area: . S
..~ -.. ..-- _._--~-~--~--
Circle the number that best describes the area being evaluated using the cleanliness index:
l:~~!~r~ht~r~H"~f'.'~~\;:CJ~~~",;, :/~~r:~~'..~~ ~~t~~~\!~~t:0~ ;<~;~~.:.:;:~~'1:~;;;~'i;0~.~1~~cf;f~
LitterlWaste
2
o
4
5
6
Organic Materials
,.-....,
V
3
4
5
6
Comments: (If any or the areas yields a rating or 4, S, or 6. then please provide a comment to describe the situation)
r:.~_~::;....) /~::..-f! ~....J/ /'I'l4 ~ H AiJ-r:l..i1'c L.LJ-M. L'1 /h- ~ S':"t~
7~,~ -::'l7..A? _ /',c:..
1-1
City of Miami Beach
Watenvay Cleanliness Assessment Form
I Area: S
]
TE:
1.7, / 10
1
ASSESSOR ASSIGNED (Last Name, First):
ASSIGNMENT ADDRESS: BelZinnin~ of the bride:e on MacArthur Causeway (West of Alton Road)
~ ,.... - ./
~. ~~ STOP TIME: "..L ,.27)
START TIME: _"'> )
<, , .c':..,....,;,CL....' Ii" "t.,;.~ "~."C!'-'h' '.f,';, .~'\";,,;.~. 'c. ""'::"':;"':"'1 . t.. '. ...t,.: .;0"
. ~. '. Ct' .. ....,..:.., ",:.!.~IQ.ew.. ~ '0:, .,.,. ,""-,mew,..;I.. '" . ";"""~'&..'f~/'~"';'o" .:..., "rceme.;v .".:
../' "c e~~,c:Xj!j ,7'Q':;Cleli~~~~'f~:~ 3:irP!:Di ...' ';:.,;~,:th~~;:,t~(f:i.~:~:;f~i' :j'SJDfl'::~;"n
. ..........
LltterlWaste (j 3 4 S 6
Organic Materials C!) 3 4 S 6
Comments: (If any of the areas yields a rating of 4, S, or 6. then please provide a comment to describe the situation)
DATE: p./I '5 )0."-
City of Miami Beach
Waterway Cleanliness Assessment Form
I Area: M
]
ASSESSOR ASSIGNED (Last Name, First);
3SIGNMENT ADDRESS: BridlZe on the Venetian Way between PurqV Ave and Island Ave on Bell Isle
START TIME: n '. S5"a.tT\ STOP TIME: 12":00 pn
Circle the number that best describes the area being evaluated using the cleanliness index:
LitterlWaste
o
C9
" ,'d~.~~ii~:" efIr~~jf; :'!.~1~~::f~~~~~~'~ .:'~~~<:;f'~!~lf~(~}J~~xf1ie~~t~;!;~.
2
3
4
5
6
Organic: Materials
2
3
4
5
6
Comments: (If any of the areas yields a rating of 4, S, or 6. then please provide a commenf to describe the situation)
DATE:~
City of Miami Beach
Waterway Cleanliness Assessment Form
Area: M
]
ASSESSOR ASSIGNED (Last Name, First):
3SIGNMENT ADDRESS: Brid2e on Venetian Way between San Marino and Di Lido Island
START TIME: _~ :~O~ STOP TIME: ~
Circle the number that best describes the area being evaluated using the cleanliness index:
~{~~V~~J;l: ~~M::ff~#~('."~}:';'~?b~~B~~,~~~;~;;~glt~~~~i;f: ;{~.~~ffl~
Litter/Waste
(i)
8
2
3
4
s
6
Organic Materials
2
3
4
s
6
Comments: (If any of the areas yields a rating of 4, S, or 6, then please provide a comment to describe the situation)
~
"III!!!!!"
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel. 305<673-7490, Fax 305<673-7B51
PUBLIC NOTICE
Invitation to Bid No. 12-05/06
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700
Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 1st day of March,
2006 for:
WATERWAY RESOURCE MAINTENANCE
At time, date, and place above, bids will be publicly opened. Any bids or proposals received after
time and date specified will be returned to the bidder unopened. The responsibility for submitting a
bid/proposal before the stated time and date is solely and strictly the responsibility of the
bidder/proposer. The City is not responsible for delays caused by mail, courier service, including
U.S. Mail, or any other occurrence.
Purpose: The purpose of this bid is to establish a contract, by means of sealed bids, with a
qualified vendor for the preservation of the City's waterways. The bidder shall be responsible for
the proper disposal of all litter, debris and organic material that is collected in accordance with all
City, State, County and Federal regulations,
The term of this Contract shall be for a period of one-year effective upon the execution date of the
contract. The City and Contractor, may by mutual agreement, renew this Contract on a year-to-year
basis up to an additional five (5) years.
Estimated Annual Budget Range: $50,000 - $80,000.
Minimum Requirements: Prospective bidders must have been in business for a minimum of 3
years and must submit with their bids, or within five (5) calendar days upon receipt of a request from
the Procurement office, a minimum of three (3) references of clients or government organizations
for which the bidder is currently furnishing, or has furnished similar type, size and complexity of
work as specified herein.
A pre-bid conference will be held on February 13, 2006 at 10:00 p.m. at the City of Miami Beach
City Hall, 4th Floor, City Manager's Small Conference Room, located at 1700 Convention Center
Drive, Miami Beach Florida 33139.
Attendance at the Prebid Conference is highly encouraged and recommended as a source of
information but is not mandatory.
The City of Miami Beach has contracted with BidNet and has begun utilizing a new central bid
notification system created exclusively for state and local agencies located in South Florida.
Created in conjunction with BidNet(r), this new South Florida Purchasing system has replaced the
DemandStar system and allow vendors to register online and receive notification of new bids,
amendments and awards. Vendors with Internet access should review the registration options at
the following website: www.qovbids.com/scripts/southflorida/public/home1.asp.
January 30, 2006
City of Miami Beach
Bid No: 12-05/06
2 of 44
If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997
extension # 214.
Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile
to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (305)
673-7851. The Bid title/number shall be referenced on all correspondence. All questions must be
received no later than ten (10) calendar days prior to the scheduled Bid opening date. All
responses to questions/clarifications will be sent to all prospective bidders in the form of an
addendum.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best
interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of
Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF
SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A COPY OF ALL WRITTEN
COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH THE City CLERK.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CODE OF
BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO. 2000-23879.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE City OF
MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE BID
SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE City OF
MIAMI BEACH LOBBYIST FEES DISCLOSURE ORDINANCE NO. 2002-3363.
YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE LOCAL
PREFERENCE ORDINANCE NO. 2003-3413. RESPONSIVE AND RESPONSIBLE MIAMI BEACH-
BASED VENDORS THAT ARE WITHIN 5% OF THE LOWEST AND BEST BIDDER, WILL BE
GIVEN AN OPPORTUNITY OF PROVIDING SAID GOODS OR GENERAL SERVICES
CONTAINED HEREIN, FOR THE LOWEST RESPONSIVE BID AMOUNT.
Detailed representation of all these ordinances can be found on the City of Miami Beach WebSite at
http://www . miamibeachfl. qov/newcity/depts/pu rchase/bid intra.asp
Sincerely,
Gus Lopez, CPPO
Procurement Director
January 30, 2006
Crty of Miami Beach
Bid No: 12-05/06
3of44
~
.....
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-6731490, Fax 305-673.7851
NOTICE TO PROSPECTIVE BIDDERS
NO BID
If not submitting a bid at this time, please detach this sheet from the bid documents,
complete the information requested, and return to the address listed above.
NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
_Our company does not handle this type of producUservice.
_We cannot meet the specifications nor provide an alternate equal product.
_Our company is simply not interested in bidding at this time.
_Due to prior commitments, I was unable to attend pre-proposal meeting.
_OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for the type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a bid or this completed form, may result in your
company being removed from the City's bid list.
January 30, 2006
City of Miami Beach
Bid No: 12-05/06
40f44
WATERWAY RESOURCE MAINTENANCE
BID # 12-05/06
1.0 GENERAL CONDITIONS
1.1 SEALED BIDS:
Original copy of Bid Form as well as any other pertinent documents must be returned in
order for the bid to be considered for award. All bids are subject to the conditions specified
hereon and on the attached Special Conditions, Specifications and Bid Form.
The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title
to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive,
Miami Beach, Florida 33139. Facsimile or e-mailed bids will not be accepted.
1.2 EXECUTION OF BID:
Bid must contain a manual signature of an authorized representative in the space provided
on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be
considered for award. All bids must be completed in pen and ink or typewritten. No
erasures are permitted. If a correction is necessary, draw a single line through the entered
figure and enter the corrected figure above it. Corrections must be initialed by the person
signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be
tabulated. The original bid conditions and specifications CANNOT be changed or altered in
any way. Altered bids will not be considered. Clarification of bid submitted shall be in letter
form, signed by bidders and attached to the bid.
1.3 NO BID:
If not submitting a bid, respond by returning the enclosed bid form questionnaire, and
explain the reason. Repeated failure to bid without sufficient justification shall be cause for
removal of a supplier's name from the bid mailing list.
1.4 PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and extended total,
when requested. Prices must be stated in units of quantity specified in the bidding
specifications. In case of discrepancy in computing the amount ofthe bid, the UNIT PRICE
quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise
stated in special conditions). Discounts for prompt payment. Award, if made, will be in
accordance with terms and conditions stated herein. Each item must be bid separately and
no attempt is to be made to tie any item or items in with any other item or items. Cash or
quantity discounts offered will not be a consideration in determination of award of bides).
1.5 TAXES:
The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax
and Use Certificate Number is 04-00097-09-23.
1.6 MISTAKES:
Bidders are expected to examine the specifications, delivery schedules, bid prices and
extensions and all instructions pertaining to supplies and services. Failure to do so will be
at the bidder's risk.
January 30, 2006
City of Miami Beach
Bid No: 12-05/06
5 of 44
1.7 CONDITION AND PACKAGING:
It is understood and agreed that any item offered or shipped as a result of this bid shall be
the latest new and current model offered (most current production model at the time of this
bid). All containers shall be suitable for storage or shipment, and all prices shall include
standard commercial packaging.
1.8 UNDERWRITERS' LABORATORIES:
Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies
shall be U.L.listed or re-examination listing where such has been established by U.L. for the
item(s) offered and furnished.
1.9 BIDDER'S CONDITIONS:
The City Commission reserves the right to waive irregularities or technicalities in bids or to
reject all bids or any part of any bid they deem necessary for the best interest of the City of
Miami Beach, FL.
1.10 EQUIVALENTS:
If bidder offers makes of equipment or brands of supplies other than those specified in the
following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall
conform in quality, design and construction with all published claims of the manufacturer.
Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are
informational guides as to a standard of acceptable product quality level only and should not
be construed as an endorsement or a product limitation of recognized and legitimate
manufacturers. Bidders shall formally substantiate and verify that product(s) offered
conform with or exceed quality as listed in the specifications.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other
than the specified brands, and shall indicate ANY deviation from the specifications as listed.
Other than specified items offered requires complete descriptive technical literature marked
to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE
BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA.
Lacking any written indication of intent to quote an alternate brand or model number, the bid
will be considered as a bid in complete compliance with the specifications as listed on the
attached form.
1.11 NON-CONFORMANCE TO CONTRACT CONDITIONS:
Items may be tested for compliance with specifications. Item delivered, not conforming to
specifications may be rejected and returned at vendor's expense. These items and items
not delivered as per delivery date in bid and/or purchase order may be purchased on the
open market. Any increase in cost may be charged against the bidder. Any violation of
these stipulations may also result in:
A) Vendor's name being removed from the vendor list.
B) All departments being advised not to do business with vendor.
1.12 SAMPLES:
Samples of items, when required, must be furnished free of expense and, if not destroyed,
will, upon request, be returned at the bidder's expense. Bidders will be responsible for the
removal of all samples furnished within (30) days after bid opening. All samples will be
disposed of after thirty (30) days. Each individual sample must be labeled with bidder's
name. Failure of bidder to either deliver required samples or to clearly identify samples may
be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered
January 30, 2006
C~y of Miami Beach
Bid No: 12-05/06
6 of 44
to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139.
1.13 DELIVERY:
Unless actual date of delivery is specified (or if specified delivery cannot be met), show
number of days (in calendar days) required to make delivery after receipt of purchase order,
in space provided. Delivery time may become a basis for making an award. Delivery shall
be within the normal working hours of the user, Monday through Friday, excluding holidays.
1.14 INTERPRETATIONS:
Unless otherwise stated in the bid, any questions concerning conditions and specifications
should be submitted in writing to the Procurement Director, 1700 Convention Center Drive,
Miami Beach, FL 33139. Fax (305) 673-7851.
1.15 BID OPENING:
Bids shall be opened and publicly read on the date, time and place specified on the Bid
Form. All bids received after the date, time, and place shall be returned, unopened.
1.16 INSPECTION, ACCEPTANCE & TITLE:
Inspection and acceptance will be at destination unless otherwise provided. Title t%r risk
of loss or damage to all items shall be the responsibility of the successful bidder until
acceptance by the buyer unless loss or damage result from negligence by the buyer.
If the materials or services supplied to the City are found to be defective or not conform to
specifications, the City reserves the right to cancel the order upon written notice to the seller
and return product at bidder's expense.
1.17 PAYMENT:
Payment will be made by the City after the items awarded to a vendor have been received,
inspected, and found to comply with award specifications, free of damage or defect and
properly invoiced.
1.18 DISPUTES:
In case of any doubt or difference of opinion as to the items to be furnished hereunder, the
decision of the City shall be final and binding on both parties.
1.19 LEGAL REQUIREMENTS:
Federal, State, county and city laws, ordinances, rules and regulations that in any manner
affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a
cause for relief from responsibility.
1.20 PATENTS & ROYALTIES:
The bidder, without exception, shall indemnify and save harmless the City of Miami Beach,
Florida and its employees from liability of any nature or kind, including cost and expenses
for, or on account of, any copyrighted, patented, or unpatented invention, process, or article
manufactured or used in the performance of the contract, including its use by The City of
Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters,
patent, or copyright, it is mutually understood and agreed, without exception, that the bid
prices shall include all royalties or cost arising from the use of such design, device, or
materials in any way involved in the work.
1.21 OSHA:
The bidder warrants that the product supplied to the City of Miami Beach, Florida shall
conform in all respects to the standards set forth in the Occupational Safety and Health Act
of 1970, as amended, and the failure to comply with this condition will be considered as a
breach of contract. Any fines levied because of inadequacies to comply with these
requirements shall be borne solely by the bidder responsible for same.
January 30, 2006 Bid No: 12-05/06
Cijy of Miami Beach 7 of 44
1.22 SPECIAL CONDITIONS:
Any and all Special Conditions that may vary from these General Conditions shall have
precedence.
1.23 ANTI-DISCRIMINATION:
The bidder certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375,
relative to equal employment opportunity for all persons without regard to race, color,
religion, sex or national origin.
1.24 AMERICAN WITH DISABILITIES ACT:
To request this material in accessible format, sign language interpreters, information on
access for persons with disabilities, and/or any accommodation to review any document or
participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-
673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY
users may also call 711 (Florida Relay Service).
1.25 QUALITY:
All materials used for the manufacture or construction of any supplies, materials or
equipment covered by this bid shall be new. The items bid must be new, the latest model,
of the best quality, and highest grade workmanship,
1.26 LIABILITY, INSURANCE, LICENSES AND PERMITS:
Where bidders are required to enter or go onto City of Miami Beach property to deliver
materials or perform work or services as a result of a bid award, the successful bidder will
assume the full duty, obligation and expense of obtaining all necessary licenses, permits
and insurance and assure all work complies with all applicable Miami-Dade County and City
of Miami Beach municipal code requirements as well as the Florida Building Code. The
bidder shall be liable for any damages or loss to the City occasioned by negligence of the
bidder (or agent) or any person the bidder has designated in the completion of the contract
as a result of his or her bid.
1.27 BID GUARANTY{tc \12 "5. Bid Guarantv}: N/A
1.28 DEFAULT:
Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before
such award is made, may result in forfeiture of that portion of any bid surety required equal
to liquidated damages incurred by the City thereby, or where surety is not required, failure to
execute a contract as described above may be grounds for removing the bidder from the
bidder's list.
1.29 CANCELLATION:
In the event any of the provisions ofthis bid are violated by the contractor, the Procurement
Director shall give written notice to the contractor stating the deficiencies and unless
deficiencies are corrected within ten (10) days, recommendation will be made to the City
Commission for immediate cancellation. The City Commission of Miami Beach, Florida
reserves the right to terminate any contract resulting from this invitation at any time and for
any reason, upon giving thirty (30) days prior written notice to the other party.
1.30 BILLING INSTRUCTIONS:
Invoices, unless otherwise indicated, must show purchase order numbers and shall be
submitted in DUPLICATE to the City of Miami Beach, Accounts Payables Department, 1700
Convention Center Drive, Miami Beach, Florida 33139.
January 30, 2006
Crty of Miami Beach
Bid No: 12-05/06
8 of 44
1.31 NOTE TO VENDORS DELIVERING TO THE City OF MIAMI BEACH:
Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00
P.M.
1.32 SUBSTITUTIONS:
The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind.
Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute
shipments will be returned at the bidder's expense.
1.33 FACILITIES:
The City Commission reserves the right to inspect the bidder's facilities at any time with
prior notice,
1.34 BID TABULATIONS:
Bidders desiring a copy of the bid tabulation may request same by enclosing a self-
addressed stamped envelope with the bid.
1.35 PROTEST PROCEDURES:
Bidders that are not selected may protest any recommendation for Contract award in
accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes
procedures for resulting protested bids and proposed awards. Protest not timely pursuant
to the requirements of Ordinance No. 2002-3344 shall be barred.
1.36 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:
If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true
meaning of the specifications or other Bid documents or any part thereof, the Bidder must
submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior
to scheduled Bid opening, a request for clarification. All such requests for clarification must
be made in writing and the person submitting the request will be responsible for its timely
delivery.
Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the
City of Miami Beach Procurement Director. The City shall issue an Informational Addendum
if clarification or minimal changes are required. The City shall issue a Formal Addendum if
substantial changes which impact the technical submission of Bids are required. A copy of
such Addendum shall be sent by BidNet@ via e-mail or facsimile to each Bidder receiving
the Solicitation that is a subscriber to the Bidnet@ notification system. Bidders who are not
subscribers to the Bidnet@ system are responsible for ensuring that they have received all
addenda. In the event of conflict with the original Contract Documents, Addendum shall
govern all other Contract Documents to the extent specified. Subsequent addendum shall
govern over prior addendum only to the extent specified. The Bidder shall be required to
acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid
Proposal Form. Failure to acknowledge Addendum shall deem its Bid non-responsive;
provided, however, that the City may waive this requirement in its best interest. The City will
not be responsible for any other explanation or interpretation made verbally or in writing by
any other city representative.
1.37 DEMONSTRATION OF COMPETENCY:
1) Pre-award inspection of the Bidder's facility may be made prior to the award of contract.
Bids will only be considered from firms which are regularly engaged in the business of
providing the goods and/or services as described in this Bid. Bidders must be able to
demonstrate a good record of performance for a reasonable period of time, and have
sufficient financial support, equipment and organization to insure that they can satisfactorily
execute the services if awarded a contract under the terms and conditions herein stated.
January 30, 2006
City of Miami Beach
Bid No: 12-05/06
9 of 44
The terms "equipment and organization" as used herein shall be construed to mean a fully
equipped and well established company in line with the best business practices in the
industry and as determined by the City of Miami Beach.
2) The City may consider any evidence available regarding the financial, technical and
other qualifications and abilities of a Bidder, including past performance (experience) with
the City in making the award in the best interest of the City.
3) The City may require Bidders to show proof that they have been designated as
authorized representatives of a manufacturer or supplier which is the actual source of
supply. In these instances, the City may also require material information from the source
of supply regarding the quality, packaging, and characteristics of the products to be supplies
to the City through the designated representative. Any conflicts between this material
information provided by the source of supply and the information contained in the Bidder's
Proposal may render the Bid non-responsive.
4) The City may, during the period that the Contract between the City and the successful
Bidder is in force, review the successful Bidder's record of performance to insure that the
Bidder is continuing to provide sufficient financial support, equipment and organization as
prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts
awarded to it by the City, the City may place said contracts on probationary status and
implement termination procedures if the City determines that the successful Bidder no
longer possesses the financial support, equipment and organization which would have been
necessary during the Bid evaluation period in order to comply with this demonstration of
competency section.
1.38 DETERMINATION OF AWARD
The City Commission shall award the contract to the lowest and best bidder. In determining
the lowest and best bidder, in addition to price, there shall be considered the following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified, without
delay or interference.
c. The character, integrity, reputation, judgment, experience and efficiency of the
bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and ordinances
relating to the Contract.
1.39 ASSIGNMENT:
The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this
contract, including any or all of its right, title or interest therein, or his or its power to execute
such contract to any person, company or corporation without prior written consent of the
City of Miami Beach.
1.40 LAWS, PERMITS AND REGULATIONS:
The bidder shall obtain and pay for all licenses, permits and inspection fees required for this
project; and shall comply with all laws, ordinances, regulations and building code
requirements applicable to the work contemplated herein.
January 30, 2006
City 01 Miami Beach
Bid No: 12-05/06
100144
1.41 OPTIONAL CONTRACT USAGE:
As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase
from the resulting contract, provided the Department of Management Services, Division of
Procurement, has certified its use to be cost effective and in the best interest of the State.
Contractors have the option of selling these commodities or services certified by the
Division to the other State agencies at the agencies option.
1.42 SPOT MARKET PURCHASES:
It is the intent of the City to purchase the items specifically listed in this bid from the
awarded vendor. However, items that are to be a Spot Market Purchased may be
purchased by other methods, i.e. Federal, State or local contracts.
1.43 ELIMINATION FROM CONSIDERATION
This bid solicitation shall not be awarded to any person or firm who is in arrears to the City
upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any
obligation to the City.
1.44 WAIVER OF INFORMALITIES
The City reserves the right to waive any informalities or irregularities in this bid solicitation.
1.45 ESTIMATED QUANTITIES
Estimated quantities or estimated dollars, if provided, are for City guidance only. No
guarantee is expressed or implied as to quantities or dollars that will be used during the
contract period. The City is not obligated to place any order for a given amount subsequent
to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or
usage during a previous contract period. The City for purposes of determining the low
bidder meeting specifications may use said estimates.
1.46 COLLUSION
Bids from related parties. Where two (2) or more related parties each submit a bid or
proposal for any contract, such bids or proposals shall be presumed to be collusive. The
foregoing presumption may be rebutted by presentation of evidence as to the extent of
ownership, control and management of such related parties in the preparation and submittal
of such bids or proposals. Related parties mean bidders or proposers or the principals
thereof which have a direct or indirect ownership interest in another bidder or proposer for
the same contract or in which a parent company or the principals thereof of one (1) bidder
or proposer have a direct or indirect ownership interest in another bidder or proposer for the
same contract. Bids or proposals found to be collusive shall be rejected. Bidders or
Proposers who have been found to have engaged in collusion may be considered non-
responsible, and may be suspended or debarred, and any contract resulting from collusive
bidding may be terminated for default.
1.47 DISPUTES
In the event of a conflict between the documents, the order of priority of the documents shall
be as follows:
. Any agreement resulting from the award of this Bid (if applicable); then
. Addenda released for this Bid, with the latest Addendum taking precedence; then
. The Bid; then
. Awardee's Bid.
January 30, 2006
City of Miami Beach
Bid No: 12-05/06
11 of 44
1.48 REASONABLE ACCOMMODATION
In accordance with the Title II ofthe Americans with Disabilities Act, any person requiring an
accommodation at the Bid opening because of a disability must contact Heidi Johnson
Wright at the Public Works Department at (305) 673-7080.
1.49 GRATUITIES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official,
employee, or agent of the City, for the purpose of influencing consideration of this proposal.
1.50 SIGNED BID CONSIDERED AN OFFER
The signed bid shall be considered an offer on the part of the bidder or contractor, which
offer shall be deemed accepted upon approval by the City Commission of the City of Miami
Beach, Florida and in case of default on the part of successful bidder or contractor, after
such acceptance, the City may procure the items or services from other sources and hold
the bidder or contractor responsible for any excess cost occasioned or incurred thereby.
1.51 TIE BIDS:
Please be advised that in accordance with Florida Statues Section 287.087, regarding
identical tie bids, preference will be given to vendors certifying that they have implemented
a drug free work place program. A certification form will be required at the time of Bid
submission.
1.52 PUBLIC ENTITY CRIMES (PEC):
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crimes may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property
to public entity, may not be awarded or perform work as a contractor, supplier, sub-
contractor, or consultant under a contract with a public entity , and may not transact
business with any public entity in excess of the threshold amount provided in Sec. 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
1.53 DETERMINATION OF RESPONSIVENESS:
Determination of responsiveness will take place at the time of bid opening and evaluation.
In order to be deemed a responsive bidder, your bid must conform in all material respects to
the requirements stated in their Bid.
1.54 DELIVERY TIME:
Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar
days) for each item. It must be a firm delivery time, no ranges will be accepted, i.e.; 12-14
days.
1.55 CONE OF SILENCE
This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No.
2002-3378. A copy of all written communication(s) regarding this bid must be filed with the
city clerk.
1.56 TERMINATION FOR DEFAULT
If through any cause within the reasonable control of the successful bidder, it shall fail to
fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or
stipulations material to the Agreement, the City shall thereupon have the right to terminate
January 30, 2006 Bid No: 12-05/06
City of Miami Beach 12 of 44
the services then remaining to be performed by giving written notice to the successful bidder
of such termination which shall become effective upon receipt by the successful bidder of
the written termination notice.
In that event, the City shall compensate the successful bidder in accordance with the
Agreement for all services performed by the bidder prior to termination, net of any costs
incurred by the City as a consequence of the default.
Notwithstanding the above, the successful bidder shall not be relieved of liability to the City
for damages sustained by the City by virtue of any breach of the Agreement by the bidder,
and the City may reasonably withhold payments to the successful bidder for the purposes of
set off until such time as the exact amount of damages due the City from the successful
bidder is determined.
1.57 TERMINATION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be performed at
any time without cause by giving written notice to successful bidder of such termination,
which shall become effective thirty (30) days following receipt by bidder of such notice. In
that event, all finished or unfinished documents and other materials shall be properly
delivered to the City. If the Agreement is terminated by the City as provided in this section,
the City shall compensate the successful bidder in accordance with the Agreement for all
services actually performed by the successful bidder and reasonable direct costs of
successful bidder for assembling and delivering to City all documents. No compensation
shall be due to the successful bidder for any profits that the successful bidder expected to
earn on the balanced of the Agreement. Such payments shall be the total extent of the
City's liability to the successful bidder upon a termination as provided for in this section.
1.58 INSURANCE AND INDEMNIFICATION:
(See Check List for applicability to this contract)
The contractor shall be responsible for his work and every part thereof, and for all materials,
tools, appliances and property of every description, used in connection with this particular
project. He shall specifically and distinctly assume, and does so assume, all risks of
damage or injury to property or persons used or employed on or in connection with the work
and of all damage or injury to any person or property wherever located, resulting from any
action or operation under the contract or in connection with the work. It is understood and
agreed that at all times the contractor is acting as an independent contractor.
The contractor, at all times during the full duration of work under this contract, including
extra work in connection with this project shall meet the following requirements:
Maintain Automobile Liability Insurance including Property Damage covering all owned,
non-owned or hired automobiles and equipment used in connection with the work.
No change or cancellation in insurance shall be made without thirty (30) days written notice
to the City of Miami Beach Risk Manager.
All insurance policies shall be issued by companies authorized to do business under the
laws of the State of Florida and these companies must have a rating of at least B+:VI or
better per Best's Key Rating Guide, latest edition.
Original signed Certificates of Insurance, evidencing such coverages and endorsements as
required herein, shall be filed with and approved by the City of Miami Beach Risk Manager
before work is started. The certificate must state Bid Number and Title.
January 30, 2006
C~y of Miami Beach
Bid No: 12-05/06
130f44
Upon expiration ofthe required insurance, the contractor must submit updated certificates of
insurance for as long a period as any work is still in progress.
It is understood and agreed that all policies of insurance provided by the contractor are
primary coverage to any insurance or self-insurance the City of Miami Beach possesses
that may apply to a loss resulting from the work performed in this contract.
All policies issued to cover the insurance requirements herein shall provide full coverage
from the first dollar of exposure. No deductibles will be allowed in any policies issued on
this contract unless specific safeguards have been established to assure an adequate fund
for payment of deductibles by the insured and approved by the City's Risk Manager.
The liability insurance coverage shall extend to and include the following contractual
indemnity and hold harmless agreement:
"The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a
municipal corporation, its officers, agents, and employees from all claims for bodily injuries
to the public in and up to the amount of $1,000,000.00 for each occurrence and and for all
damages to the property of others in and up to the amount of $1,000,000.00 for each
occurrence per the insurance requirement under the specifications including costs of
investigation, all expenses of litigation, including reasonable attorney fees and the cost of
appeals arising out of any such claims or suits because of any and all acts of omission or
commission of any by the contractor, his agents, servants, or employees, or through the
mere existence of the project under contract".
The foregoing indemnity agreement shall apply to any and all claims and suits other than
claims and suits arising out of the sole and exclusive negligence ofthe City of Miami Beach,
its officers, agents, and employees, as determined by a court of competent jurisdiction.
The contractor will notify his insurance agent without delay of the existence of the Hold
Harmless Agreement contained within this contract, and furnish a copy of the Hold
Harmless Agreement to the insurance agent and carrier.
The contractor will obtain and maintain contractual liability insurance in adequate limits for
the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement
from any and all claims arising out of this contractual operation.
The contractor will secure and maintain policies of subcontractors. All policies shall be
made available to the City upon demand. Compliance by the contractor and all
subcontractors with the foregoing requirements as to carrying insurance and furnishing
copies of the insurance policies shall not relieve the contractor and all subcontractors of
their liabilities and obligations under any Section or Provisions of this contract. Contractor
shall be as fully responsible to the City for the acts and omissions of the subcontractor and
of persons employed by them as he is for acts and omissions of persons directly employed
by him.
Insurance coverage required in these specifications shall be in force throughout the contract
term. Should any awardee fail to provide acceptable evidence of current insurance within
seven days of receipt of written notice at any time during the contract term, the City shall
have the right to consider the contract breached and justifying the termination thereof.
If bidder does not meet the insurance requirements ofthe specifications; alternate insurance
coverage, satisfactory to the Risk Manager, may be considered.
January 30, 2006
City of Miami Beach
Bid No: 12-05/06
14 of 44
It is understood and agreed that the inclusion of more than one insured under these policies
shall not restrict the coverage provided by these policies for one insured hereunder with
respect to a liability claim or suit by another insured hereunder or an employee of such other
insured and that with respect to claims against any insured hereunder, other insureds
hereunder shall be considered members of the public; but the provisions of this Cross
Liability clause shall apply only with respect to liability arising out of the ownership,
maintenance, use, occupancy or repair of such portions of the premises insured hereunder
as are not reserved for the exclusive use of occupancy of the insured against whom claim is
made or suit is filed.
January 30, 2006
City of Miami Beach
Bid No: 12-05/06
150f44
Insurance Reauirementsftc \12 "7. Insurance Reauirementsl:
0.1. Without limiting any of the other obligations or liabilities of CONTRACTOR,
CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be
performed under this Contract has been completed and accepted by CITY (or for
such duration as is otherwise specified hereinafter), the insurance coverages set
forth herein.
0.1.1. Workers' Compensation insurance to apply for all employees in compliance with the
"Workers' Compensation Law" of the State of Florida and all applicable federal laws.
In addition, the policy(ies) must include:
0.1.1.1. Employers' Liability with a limit of One Million Dollars
($1,000,000.00) Dollars ($) each accident.
0,1.1.2. If any operations are to be undertaken on or about navigable
waters, coverage must be included for the U.S. Longshoremen &
Harbor Workers Act and Jones Act.
0.1.2. Comprehensive General Liability to include pollution, with minimum limits of Two
Million Dollars ($2,000,000.00) per occurrence, combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage must be afforded on a form
no more restrictive than the latest edition of the Comprehensive General Liability
policy, without restrictive endorsements, as filed by the Insurance Services Office,
and must include:
[ X] 1.1.2.1. Premises and/or Operations.
[ X ] 1.1.2.2. Independent Contractors.
[ X] 1.1.2.3. Products and/or Completed Operations for contracts over Fifty
Thousand Dollars ($50,000.00) CONTRACTOR shall maintain
in force until at least three years after completion of all work
required under the Contract, coverage for Products and
Completed Operations, including Broad Form Property
Damage.
[ X] 1.1.2.4. Explosion, Collapse and Underground Coverages.
[ X] 1.1.2.5. Broad Form Property Damage.
[ X] 1.1.2.6. Broad Form Contractual Coverage applicable to this specific
Contract, including any hold harmless and/or indemnification
agreement.
[X] 1.1.2.7,Personallnjury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal to
those required for Bodily Injury Liability and Property Damage
Liability.
January 30, 2006 Bid No: 12-05/06
City of Miami Beach 16 of 44
[X] 1.1.2.8.CITY is to be expressly included as an Additional Insured with
respect to liability arising out of operations performed for CITY
by or on behalf of CONTRACTOR or acts or omissions of
CONTRACTOR in connection with general supervision of such
operation.
0.1.3. Business Automobile Liability with minimum limits of Two Million Dollars
($2,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more restrictive
than the latest edition ofthe Business Automobile Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include:
0.1.3.1.
Owned Vehicles.
0.1.3.2.
Hired and Non-Owned Vehicles.
0.1.3.3.
Employers' Non-Ownership. (Not Applicable to this bid)
0.1.4. If the initial insurance expires prior to the completion of the work, renewal copies of
policies shall be furnished at least thirty (30) days prior to the date of their expiration.
0.1.5. Notice of Cancellation and/or Restriction-- The policy(ies) must be endorsed to
provide CITY with at least thirty (30) days notice of cancellation and/or restriction.
0.1.6. CONTRACTOR shall furnish to the City's Risk Manager Certificates of Insurance or
endorsements evidencing the insurance coverage specified above within fifteen (15)
calendar days after notification of award of the Contract. The required Certificates
of Insurance shall name the types of policies provided, refer specifically to this
Contract, and state that such insurance is as required by this Contract. The
Certificate of Insurance shall be in form similar to and contain the information set
forth in Form 00708.
0.1.7. The official title of the Owner is the City of Miami Beach, Florida. This official title
shall be used in all insurance documentation.
January 30, 2006
City of Miami Beach
Bid No: 12-05/06
17 of 44
WATERWAY RESOURCE MAINTENANCE
BID # 12-05/06
2.0 SPECIAL CONDITIONS
2.1 PURPOSE:
The purpose of this bid is to establish a contract, by means of sealed bids, with a qualified vendor
for the preservation of the City of Miami Beach's waterways on a continuous as needed basis.
2.2 TERM OF CONTRACT:
The term of this Contract shall be for a period of one-year effective upon the execution date of the
contract.
2.2.1. The City and Contractor, may by mutual agreement, renew this Contract on a year-to-year
basis up to an additional five (5) years by giving written notice of renewal at least sixty
(60) days prior to the expiration date of the initial and subsequent renewal contract
term(s).
2.3 METHOD OF AWARD
In the determining the lowest and best bidder, the City will utilize the "Best Value"
Procurement process to select a contractor with the experience and qualifications; the ability;
capability, and capacity; and proven past successful performance in providing high quality
waterway resource maintenance. The following evalution criteria will be utilized by the City:
1. The experience and qualifications of the Contractor (15 points).
2. The experience and qualifications of the Key Personnel (20 points).
3. Experience and qualification of Team (10 points).
4. Cost (20 points).
5. Risk Assessment Plan for ensuring quality of work (10 points).
6. Past performance based on number and quality of the Performance Evaluation
Surveys (10 points)
7. Operation Plan for meeting the City's standards and criteria based on the
"Cleanliness Index" (15 points).
In addition to the Operation Plan, Contractors must submit the following information:
a) Introduction letter outlining the Contractor's professional specialization, provide past
experience to support the qualifications of the submitter. Interested Contractors should
submit documents that provide evidence as to the capability to meet the City's standards
and criteria for waterway resource maintenance. .
b) Contractors must provide documentation which demonstrates their ability to satisfy
all of the minimum qualification requirements.
c) Cost Information:
Cost information must be submitted with your Bid, and if selected as successful
contractor, the City reserves its rights, in the City's best economic interest, to
negotiate the proposed cost.
d) Client Survey:
Please provide your client with the Performance Evaluation Letter and Survey attached
herein on pages 37 and 38, and request that your client submit the completed survey
to the contact person listed on page 21.
January 30,2006
City 01 Miami Beach
Bid No: 12-05/06
190144
e) Past Performance Information:
Past performance information will be collected on all contractors. Contractors are required
to identify and submit their best projects. Contractors will be required to send out
Performance Evaluation Surveys to each of their clients. Contractors are also responsible
for making sure their clients return the Performance Evaluation Surveys to the City. The
City reserves the right to verify and confirm any information submitted in this process.
Such verification may include, but is not limited to, speaking with current and former
clients, review of relevant client documentation, site-visitation, and other independent
confirmation of data.
f) Qualifications of Contractor Team:
Provide an organizational chart of all personnel and consultants to be used on this project
and their qualifications. A resume of each individual, including education, experience, and
any other pertinent information shall be included for each team member to be assigned to
this project
g) Risk-Assessment Plan (RAP): SEE SAMPLE ON PAGES 25 AND 26.
All contractors must submit a Risk-Assessment Plan. The Risk-Assessment Plan must not
be longer than two pages front side of page only. The RAP should address the following
items in a clear and generic language:
(1) What risks the project has. (Areas that may cause the contractor not to
finish on time, not finish within budget, cause any change orders, or be a
source of dissatisfaction with the owner).
(2) Explanation of how the risks will be avoided/minimize.
(3) Propose any options that could increase the value of this project.
(4) Explain the benefits of the Risk Assessment Plan. Address the quality a
performance differences in terms of risk minimization that the City can
understand and what benefits the option will provide to the user. No
brochures or marketing pieces.
The City Manager's designated representative may conduct interviews with anyl all bidders prior
to contract award recommendation. Upon approval by the City Commission of contract award, the
City Administration will negotiate with the top-ranked Contractor(s) and upon successful
negotiations a contract will be executed.
2.4 PAYMENT:
Invoices for payment shall be submitted on a monthly basis for the duration of the contract.
Invoices will be subject to verification and approval by the Department's designated
representative.
2.5 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT:
If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on
the Bid Form shall remain fixed and firm during the term of this contract; provided, however, that
the bidder may offer incentive discounts from this fixed price to the City at any time during the
contractual term.
On the anniversary of each contract year the contract price shall be adjusted upwards or
downwards, as the case may be, according to increases or decreases in the Consumer Price
Index, All Urban Areas (CPI-O) for the month in which the adjustment shall take place with an
annual maximum adjustment not to exceed 2.5 percent.
2.6 SHIPPING TERMS: NIA
January 30, 2006
City 01 Miami Beach
Bid No: 12-05/06
20 0144
2.7 PRE-BID CONFERENCEISITE INSPECTION: NIA
A non-mandatory pre-bid conference will be held at 10:00 p.m. on February 13, 2006 at the
City of Miami Beach City Hall, 4th floor, City Manager's Small Conference Room located at
1700 Convention Center Drive, Miami Beach Florida 33139.
2.8 VENDOR APPLICATION
The City of Miami Beach has contracted with Bid Net and has begun utilizing a new central bid
notification system created exclusively for state and local agencies located in South Florida.
Created in conjunction with BidNet@, this new South Florida Purchasing system has replaced the
DemandStar system and allow vendors to register online and receive notification of new bids,
amendments and awards. Vendors with Internet access should review the registration options at
the following website: www.qovbids.com/scripts/southflorida/public/home1.asp. If you do not
have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214.
2.9 CONTACT PERSON:
The contact person for this Invitation to Bid is John Ellis. The contact person may be reached by
phone: 305.673.7490; fax: 305.673.7851; or e-mail: iohnellis@miamibeachfl.qov.
Communications between a proposer, bidder, lobbyist or consultant and Procurement Staff is
limited to matters of process or procedure.
Requests for additional information or clarifications must be made in writing to the contact person,
with a copy to the City Clerk, no later than ten (10) calendar days prior to the scheduled Bid
opening date.
The City will issue replies to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders
should not rely on representations, statements, or explanations other than those made in this Bid
or in any written addendum to this Bid. Bidders should verify with the Procurement Division prior
to submitting a proposal that all addenda have been received.
YOU MUST FAMILIARIZE YOURSELF WITH GENERAL CONDITION 1.66, ENTITLED CONE
OF SILENCE, WHICH SETS FORTH THE POLICIES AND PROCEDURES RELATIVE TO ORAL
AND WRITTEN COMMUNICATIONS.
2.10 SAMPLES: NIA
2.11 DELIVERY TIMEIRESPONSE TIME: NIA
2.12 LIQUIDATED DAMAGES:
SEE SECTION 3.14 PERFORMANCE CONTROL.
2.13 PERCENTAGE ABOVE VENDOR COSTI DISCOUNTS N/A:
2.14 ESTIMATED QUANTITIES: NIA
2.15 HOURLY RATE: NIA
2.16 WARRANTY:
The successful bidder will be required to warranty all work performed.
2.17 PRODUCTICATALOG INFORMATION: NIA
2.18 REFERENCES (PROVIDE REFERENCES, IN THE CUSTOMER REFERENCE FORM)
Each bid must be accompanied by a minimum of three (3) references, of firms or government
organizations for which the contractor is currently furnishing, or has furnished similar type, size
January 30, 2006 Bid No: 12-05/06
City 01 Miami Beach 21 0144
and complexity of work as specified herein. Reference shall include the name of the company, a
contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS
LIST.
2.19 COMPLETE PROJECT REQUIRED:
These specifications describe the various items or classes of work required, enumerating or
defining the extent of same necessary, but failure to list any items or classes under scope of the
several sections shall not relieve the contractor from furnishing, installing or performing such work
where required by any part of these specifications, or necessary to the satisfactory completion of
the project.
2.20 FACILITY LOCATION: NIA
2.21 BIDDER QUALIFICATIONS:
In order for bids to be considered, bidders must submit with their bid, evidence that they are
qualified to satisfactorily perform the specified service. Evidence shall include all information
necessary to certify that the bidder: maintains a permanent place of business; has not had just or
proper claims pending against him or his firm; and has provided similar type, size and complexity
of such work. The evidence will consist of listing of contracts for similar materials that have been
provided to public and private sector clients, within the last three (3) years. Refer to section 3 for
contractor qualifications.
2.22 LA TE BIDS:
At time, date, and place above, bids will be publicly opened. Any bids or proposals received after
time and date specified will be returned to the bidder unopened. The responsibility for submitting
a bid/proposal before the stated time and date is solely and strictly the responsibility of the
bidder/proposer. The City is not responsible for delays caused by mail, courier service, including
U.S. Mail, or any other occurrence.
2.23 EXCEPTIONS TO SPECIFICATIONS:
Exceptions to the specifications shall be listed on the Bid Form and shall reference the section.
Any exceptions to the General or Special Conditions shall be cause for the bid to be considered
non-responsive.
2.24 COMPLETE INFORMATION REQUIRED ON BID FORM:
All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a
valid bid, the ORIGINAL AND ONE COPY of the Bid Form pages and all required submittal
information must be returned, properly completed, in a sealed envelope as outlined in the first
paragraph of General Conditions.
2.25 MAINTENANCE AGREEMENT: NIA
2.26 EQUAL PRODUCT: NIA
2.27 CUSTOMER SERVICE:
Excellent customer service is the standard of the City of Miami Beach. As contract employees of
the City, all employees will be required to adhere to the City's "Service Excellence" standards and
expected to conduct themselves in a professional, courteous and ethical manner in all situations.
The successful bidder's employees must work as a cooperative team of well-trained
professionals, and must serve the public with dignity and respect. All business transactions with
the City will be conducted with honesty, integrity, and dedication.
January 30, 2006
Cijy 01 Miami Beach
Bid No: 12-05/06
22 0144
Customer Service Standards
All City employees have been trained and are expected to perform to the City of Miami Beach's
customer service standards. All vendors and contractors that are partnered with the City are also
expected to perform and comply with these customer service standards. The customer service
standards are provided below and are segmented based on different forms of customer interactions.
Information is also provided on how these customer standards are monitored.
Telephone
. Telephones will be covered at all customer-contact points during normal business hours
answering within the third ring.
. Phone messages received will be responded to (if requested) in a timely manner, two
business days, even if just to acknowledge receipt. An estimate of time to resolve the problem
to be given if applicable.
. Calls coming from external sources will be answered with a consistent greeting such as "Good
morning, City of Miami Beach, John Smith, may I help you?"
. Employee will take responsibility for providing a solution and/or options to the customer's
request.
. Request permission from the caller before transferring a call, provide the caller with the name
and number of the person being transferred to, and stay on the line to announce the caller to
the person receiving the transfer. If the transfer cannot be accomplisher (busy, no answer or
the person is unavailable), the employee will reconnect with the caller and ask if they want to
leave a message.
. Voice mail messages will include employee's full name, working hours, and optional phone
number to call. When employee is away for an extended period of time, the voice mail
message will communicate such absence and offer an option for the caller.
. Thank the customer for calling and ask if further assistance is needed prior to concluding the
call.
Written Correspondence
. Correspondence start with a greeting
. E-mail signatures (e-mail) will include the name, title, department, division, and contact
number.
. Activate the e-mail Out-of Office Assistance when away from the office for and extended
period of time.
. Acknowledge e-mails and faxes that require a response within two business days.
. Respond to letters within 10 business days.
. Use correct spelling and grammar, including accurate name and address.
. Provides complete, accurate, and precise information regarding their inquiry.
. Fax cover sheets will be legible and include name, telephone number, and the name and fax
number of the receiver.
January 30, 2006
Cijy 01 Miami Beach
Bid No: 12-05/06
23 0144
Personal Contact
. Respond to customers in a courteous manner... the customer is not always right, but always
deserves to be treated with respect.
. Provide accurate and understandable solutions/options to customer requests or directs the
customer to the appropriate person who may have knowledge in the subject matter.
. Average or maximum wait time without an appointment should be no longer then 30 minutes
or scheduled for a mutually convenient time.
. Counter will be staffed during business hours.
. Employees will dress in attire that is professional, tasteful, appropriate and consistent with the
individual departmental policies.
Monitoring our Standards
. Our customer service team will oversee all customer service standards.
. If we do not meet our standards, we will implement an action plan to improve our service.
. We will listen and do all we can to resolve issues.
. For questions and/or concerns, contact the Answer Center at 305-604-CITY.
January 30, 2006
Cijy 01 Miami Beach
Bid No: 12-05/06
24 0144
WATERWAY RESOURCE MAINTENANCE
BID # 12-05/06
3.0 GENERAL REQUIREMENTS
All correspondence, contracts, notices and payments from the Contractor and the City shall be addressed
to the City Manager or the City Manager's designee. All references herein to the City Manager shall also
include a designee of the City Manager.
3.1 DEFINITIONS
3.1.1. Authorized Representative means the employee or employees designated by the City
Manager to represent the City in the administration and supervision of this Contract.
3.1.2. Proposer means any person, firm, corporation, organization, or entity submitting a
proposal for the work proposed.
3.1.3 City means City of Miami Beach, Florida, and its authorized representatives.
3.1.4. The Contract means legal agreement executed by the City and the Contractor for the
performance of the work. The Contract shall contain substantially the terms provided
herein or in any purchase order issued pursuant to the provisions contained herein.
3.1.5. Contractor or Vendor means the person, firm, corporation, organization, or entity with
which the City has executed a contract for performance of the work or supply of
equipment or materials, and its duly authorized representative.
3.2. NOT USED
3.3 COMMENCEMENT OF WORK
The work outlined in these specifications shall commence immediately upon receipt of a Notice to
Proceed.
3.4 SCOPE OF WORK
3.4.1 Background
The waterways that surround and wind through the area are one ofthe main attractions of
the city's unique scenery. The ocean, bay and inner canals provide residents and visitors
with water-related recreational activities. During all seasons, fisherman can be observed
along canal banks and boaters can enjoy the natural aesthetic of mangrove covered banks.
The bayfront and canal system is highly visible to bordering homes, public access
roadways, recreational areas and commercial section, which include hotels and restaurants.
The following aquatic conditions are found within the waterways of Miami Beach:
. The City of Miami Beach has over 14.2 miles of canal and island shoreline. The inner canals and
western shoreline covers 12.127 miles and the shoreline surrounding the Biscayne Bay Islands is
2.088 miles in length.
. Stormwater runoff enters the canal system along sloped banks and underground culverts and
concrete spillways in the older section of the City.
. Water levels fluctuate with tidal movement.
January 30, 2006
Cijy 01 Miami Beach
Bid No: 12-05/06
27 0144
. Shoreline accumulation of trash includes palm fronds, which fall naturally from over hanging trees
and discarded landscape cuttings. Sea grass mats and floating casual trash collects at the corners of
residential docks, marinas and in other highly visible areas.
. Large objects such as shopping carts, chairs, damaged boats and other unwanted items continually
find their way into the system.
. Substantial quantities of trash and debris collect in protected mangroves growing along highly
visible shoreline areas in Miami Beach.
. Floating vegetation and debris in the water impedes flow at drainage culverts.
. Other water-related issues include: illegal dumping in commercial areas, especially where
retaining structures are collapsing; vagrant camps underneath City bridges and along canal banks;
dilapidated docks and seawalls in need of repair and piles of construction debris left at the water's
edge.
3.4.2. StandardslCriteria
The Contractor shall provide all equipment and required resources necessary to meet the
City's standards and criteria based on the "Cleanliness Index". The contractor shall
maintain a level two (2) designation. Contractor shall provide both the removal of surface
and submerged debris.
3.4.3. Waste Disposal
The Contractor shall be responsible for the proper disposal of all litter and debris that is
collected in accordance with all City, State, County and Federal regulations.
January 30, 2006
Cijy 01 Miami Beach
Bid No: 12-05/06
28 0144
Objective of the Cleanliness Index
The objective of the Public Area Cleanliness Index is to define a set of standards that can be used to
measure the cleanliness of the City of Miami Beach's public areas. The public areas that will be
measured by this index are as follows:
Public Area
Streets and Sidewalks
(includes medians, alleys, and adjacent
ublic reen s ace areas
Parks
Surface Parkin Lots
Waterwa s
Beach Areas
(Beaches, Sand Dunes, Boardwalk /
Beachwalk / Serpentine, and the beach
soils
De artment Res onsible for Cleanliness
Sanitation
Parks and Recreation
Parkin
Environmental
Sanitation I Parks and Recreation
Using this index assessments of the public area are conducted to score the cleanliness of the area
based on contributing factors. The cleanliness index and assessments will assist in achieving the
following:
. The index will provide a quantitative measurement to gauge the cleanliness of the City as it
relates to the vision statement.
. The departments responsible for cleaning the public area can use the data captured by the
index to direct their efforts in improving their maintenance functions. For example, Sanitation
may use their cleanliness rating score to evaluate whether the service level assigned to a
street and sidewalk is sufficient to keep the area acceptably clean.
. The index can assist the departments in determining what factors affect the cleanliness of the
public area.
. The index can evaluate if different initiatives and service levels are effective in making the
public area cleaner.
The cleanliness index and assessment process for the Miami Beach public areas was defined by first
researching and leveraging the best practices from various national and international municipalities
and organizations. These municipalities and organizations include New York City, Washington D.C.,
San Francisco, Miami-Dade County Parks, Florida Center for Solid and Hazardous Waste
Management, Toronto, Keep America Beautiful, Keep Cincinnati Beautiful, and various others.
The Sanitation, Parks and Recreation, and Parking departments provided information and assisted in
defining the cleanliness index and assessment process.
3.5. OPERATION PLAN
The contractor shall submit a proposed operation plan with the following information:
o A listing of all equipment
o Supervisor qualifications
o Operation schedule
o Crew size and experience
o Safety plan
o Disposal plan
January 30, 2006
Cijy 01 Miami Beach
Bid No: 12-05/06
29 0144
3.6. REPORTS
Post-treatment reports shall be submitted on a monthly basis to the City Administration. Reporting
should include total debris removal, locations, and pictures. In addition, reports should provide the
City with information on the following: areas that should be dredged to improve navigation,
dilapidated docks and seawalls, both public and private, and any other relevant information to
improve the health of the city's waterways.
3.7. UNIFORMS
Contractor employees will be attired in uniform with the name of the Contractor on the uniform.
3.8. CONTRACTOR RESPONSIBILITIES
The Contractor shall be responsible for providing labor, supervision, insurance, machinery
and equipment, trucks and any other tools, equipment, accessories, and things necessary
to meet the City's standards and criteria based on the "Cleanliness Index" of a level two (2)
designation as set forth herein.
3.9. CONTRACTOR'S DAMAGES
Protection of Adjacent Property and Utilities: The Contractor shall perform the work in such a
manner as to avoid damage to adjacent private or public property and shall immediately repair or
pay for any damage caused by its operations. The Contractor shall be cognizance of all utilities
and shall operate with due care in the vicinity of such utilities and shall immediately repair or have
repaired at no additional cost to the City any breakage or damage caused by its operation.
3.10. EQUIPMENT
3.10.1. The Contractor shall provide new equipment at the start of the initial term of the
contract. Equipment shall be obtained from nationally known and recognized
manufacturers.
3.10.2 The Contractor shall maintain all equipment in good repair, appearance, and in a sanitary
and clean condition at all times.
3.10.3. The City reserves the right to inspect the Contractor's equipment at any time with twenty-
four hours notice.
3.10.4. The Contractor shall have adequate equipment available in reserve which can be put into
service within two (2) hours of any breakdown. Such reserve equipment shall correspond
in size and capacity to the primary equipment used by the Contractor to perform the
contractual duties. A list of the Contractor's equipment shall be provided to the City with
the bid submission or within five (5) days after receipt of request by the City.
3.10.5. Equipment will be painted uniformly with the name of the Contractor, business telephone
number, and the number of the vehicle on each side of the vehicle. All vehicles shall be
numbered and a record kept of the vehicle to which each number is assigned. No
advertising shall be permitted on vehicles.
3.11. QUALITY OF SERVICE:
3.11.1. Names and Qualifications of Employees
The Contractor shall assign a qualified person or persons, approved by the City, to be in
charge of the operations within the service area. The Contractor shall provide the names
of the person(s) to the City prior to the commencement of work. Information regarding the
person's experience and qualifications shall also be furnished.
January 30, 2006
City 01 Miami Beach
Bid No: 12-05/06
30 01 44
The supervisor(s) shall operate a vehicle which is radio equipped and have the capability
to communicate with the City. The City uses Nextel cellular telephones and direct connect
radios.
3.11.2 Conduct
The Contractor shall ensure that employees serve the public in a courteous, helpful and
impartial manner. Contractor's collection employees will be required to follow the regular
walk for pedestrians while on private property. No trespassing by employees will be
permitted or crossing property of neighboring premises unless residents or owners of both
such properties have given permission.
3.11.3. Identification
3.11.3.1 All vehicle operators shall, at all times, carry a valid driver's license for the
type of vehicle that is being driven. The Contractor shall provide operating
and safety training for all personnel.
3.11.3.2. The Contractor's maintenance employees shall wear a uniform or shirt bearing
the company's name. The Contractor shall furnish to each employee an
identifying badge, not less than two and one-half (2-1/2) inches in diameter,
with numbers and letters at least one (1) inch high, uniform in type. Employees
shall be required to wear such badges while on duty. Lettering stitched on or
identifying patches permanently attached to uniform shirts and jackets
will be acceptable.
3.12 RECORDS
The Contractor shall keep a record of employees' names and numbers assigned.
3.13 CUSTOMER SERVICE TRAINING
Contractor shall conduct customer service training for employees prior to commencement of work.
Customer service training shall adhere to the City's "Service Excellence" standards. Contractor
shall submit a customer service plan to the City for review and approval prior to commencement
of the services.
3.13.1 CLEANLINESS ASSESSMENT TRAINING
The City (Office of Budget and Performance Improvement) will provide the
successful bidder and their employees with Cleanliness Assessment Training,
prior to the issuance of the Notice to Proceed (NTP).
3.14 PERFORMANCE CONTROL
The Contractor's performance of this Contract shall be assessed by City staff. Assessment Areas
and Frequencies are specified on the following page. A standard level of no less than Two (2) on
the City Cleanliness Index must be maintained. If at any time during the life of the Contract,
performance is considered unsatisfactory (less than two (2) on the Cleanliness Index), the City
Manager or his designee, shall inform the Contractor of the deficiency in work.
The Contractor is responsible for maintaining a standard level of no less than Two (2) on the
City's Cleanliness Index. Should contractor not comply with the required Cleanliness Index of two
(2), a warning notice will be given to the Contractor. Contractor will only be allowed one warning
notice per quarter.
Contractor will pay the City a sum of $500 for each subsequent notice.
January 30, 2006
City 01 Miami Beach
Bid No: 12-05/06
31 0144
Assessment Areas and Frequencies
The Sanitation, Parks and Recreation, and Parking departments have reviewed and agreed to use
the cleanliness index to conduct assessments internally on either a weekly or monthly basis. The
frequency of assessments discussed in this section is pertinent to those assessments currently
conducted by OBPI on a quarterly basis.
The areas to be assessed and the frequency of the assessments are specific to each of the public
areas. Public areas are currently assessed at different times of the day and at different times of the
week. The number of times a specific public area is assessed is dependent on the land usage. At a
minimum, a selected public area will be assessed twice in a quarter: once during the weekday and
once during the weekend. Assessments are conducted during the following times:
· Weekday Daytime (between 8am and 5pm)
· Weekday Nighttime (between 8pm and 12am)
· Weekend Daytime (between 8am and 5pm)
· Weekend Nighttime (between 8pm and 12am)
· Weekend Late Night (between 12am and 8am)
Waterways
All identified waterway hotspots and a random sample of 30 waterway non-hotspot locations will be
assess quarterly once during the week and once during the weekend during the daytime hours. The
identified waterway locations are those locations that an assessor can view and assess safely from
public dry location. The waterway hot spots are as follows:
. Collins between 23rd and 24th St.
. North Shore Drive between South Shore Drive and Marselle Drive
. 85th Street between Crespi Blvd and Byron Avenue
. Bridge on Waterway Drive between 80th and 81st Street
. Dead end on 75th St. and Dickens Ave.
. 73rd Street between Dickens Avenue and Wayne St.
. Indian Creek Drive and 72nd St.
. 77th Street bridge between Hawthorne and Tatum
. 81st Street bridge between Noremac Ave. and Hawthorne.
The City reserves the right to select and assess a larger sample size of waterway location, if needed.
3.15 EXCELLENCE PERFORMANCE INCENTIVE
If on two consecutive quarters, the contractor's performance is at an Index level of 1, the City may
reward the Contractor by anyone or all of the following options at the City's sole discretion.
1. Proceed of payment for valid invoices received within ten (10) calendar days;
2. Renewal of contract for additional years pursuant to renewal options;
3. An increase to Contractor's price at renewal of contract based on the Consumer Price Index
for Urban Areas (CPI-U).
3.16 COMPLAINTS
All complaints will be received by the City and promptly transmitted to the Contractor. Contractor
shall prepare, in accordance with the format approved by the City, and maintain a register of all
complaints and record the disposition or each complaint. Complaints shall be identified and such
record shall be available for City inspection at all times during business hours. The form shall
indicate the date and time when the complaint was received and how and when it was resolved.
January 30, 2006
Cijy 01 Miami Beach
Bid No: 12-05/06
32 01 44
3.17 ADDITIONAL WORK
The City may request that Contractor provide for additional work due to specific area complaints,
blockages of navigation, and/or significant storm events.
During hurricanes or other windstorm emergencies, Contractor shall be available 24 hours, 7 days
per week. Cost will be geared towards hurricane-related recovery services. Any additional work
required to support hurricane activity will be negotiated subject to mutual agreement. The cost and
expenses will be submitted to the City for approval in a cost proposal by the successful bidder.
Prior to signing a contract the successful bidder will be required to submit labor and equipment
prices that are FEMA approved. These prices will become part of the contract.
January 30, 2006
Cijy 01 Miami Beach
Bid No: 12-05/06
33 01 44
BID CHECK LIST
To ensure that your bid is submitted in conformance with the Contract Documents, please verify
that the following items have been completed and submitted as required.
X Original and one copy of bid (including all submittal information)
General Conditions Section 1.1
Special Conditions Section 2.24
X Execution of Bid
General Conditions Section 1.2
NIA Equivalents/Equal Product
General Conditions Section 1.10
Special Conditions Section 2.26
Insurance and Indemnification (including Insurance Checklist)
X General Condition Section 1.26
General Conditions Section 1.58
NIA Bid Guaranty/Performance Bond
General Condition Section 1 .27
X Warranty
Special Conditions Section 2.16
Minimum Specifications Section 3.7.0
NIA Product/Catalog Information
Special Conditions Section 2.17
X References
Special Conditions Section 2.18 / Page 40
X Bidder Qualifications
Special Conditions Section 2.21
NIA Exceptions to Specifications
Special Conditions Section 2.23
Contractor's Questionnaire
X (Page 42)
January 30, 2006
Cijy 01 Miami Beach
Bid No: 12-05/06
36 01 44
" > '"", , '.' " ' k Litte-r lTrash Q if ..,:;
. No litter and/or debris floating on or in the water and up . No or isolated instances of small fresh
1 to the high tide watermark. No signs of floating liquid. organic material.
Extremely . No extra-large pieces of litter, such as tires, grocery . No large organic material, such as tree limbs
Clean carts, etc. or palm fronds in the water and up to the high
. No smell is beimI emitted. tide watermark.
. Isolated pieces of litter floating on or in the entire area of . Less than 10% of about a 20 sq. foot area of
water and up to the high tide watermark. No signs of water and up to the high tide watermark is
floating liquid. covered by organic material, but occurring in
. No extra-large pieces oflitter, such as tires, grocery no more than 10% of the entire water area. If
2 carts, etc. occurring in more than 10% of the entire
Clean . No smell is being emitted. water area up to the high tide watermark, then
deduct I point.
. No large organic material, such as tree limbs
or palm fronds in the water and up to the high
tide watermark.
. Small amount oflitter including floating liquids, such as . Between 10% - 30% of about a 20 sq. foot
oil. This includes litter floating on the water or in the area of water and up to the high tide
water and up to the high tide watermark. More than two watermark is covered by organic material, but
pieces oflitter and less than 5% of about a 20 sq. foot occurring in no more than 10% of the entire
area of water up to the high tide watermark are covered water area. If occurring in more than 10% of
by litter, but occurring in no more than 10% of the entire the entire water area up to the high tide
water area up to the high tide watermark being assessed. watermark, then deduct I point.
. If the litter density is occurring between 10-25% of the . Between I and 3 pieces of large organic
3 water area up to the high tide watermark, then deduct I material, such as tree limbs or palm fronds in
Somewhat point from the rating scale. the water and up to the high tide watermark.
. If the litter density is occurring more than 25% of the
Clean water area up to the high tide watermark, then deduct 2
points from the rating scale.
. No extra-large pieces of litter, such as tires, grocery
carts, etc.
. No smell is being emitted.
Guideline: Is the litter something you notice, but your
eye is not constantly drawn to it? The area has a clean
appearance, but does need some attention.
January 30, 2006
City 01 Miami Beach
Bid No: 12-05/06
43 0144
.I...d~x Litter I Trasb QnaaK,M...,iai
. Small to moderate amounts of litter, including floating . Between 30% - 50% of about a 20 sq. foot
liquids, such as oil. This includes litter floating on the area of water and up to the high tide
water or in the water and up to the high tide watermark. watermark is covered by organic material, but
Between 5% and 10% of about a 20 sq. foot area of water occurring in no more than 10% of the entire
up to the high tide watermark is covered by litter, but water area up to the high tide watermark. If
occurring in no more than 10% of the entire water area occurring in more than 10% of the entire
being assessed. water up to the high tide watermark, then
. If the litter density is occurring between 10-25% of the deduct I point.
4 water area up to the high tide watermark, then deduct 1 . Between 4 and 10 pieces of large organic
Somewhat point from the rating scale. material, such as tree limbs or palm fronds in
Dirty . If the litter density is occurring more than 25% of the the water and up to the high tide watermark.
water area up to the high tide watermark, then deduct 2
points from the rating scale.
. No extra-large pieces of litter, such as tires, grocery carts,
etc.
. Slight unnatural or foul smell is being emitted.
Guideline: Trash or litter is obvious and your eye is
constantlv drawn to it.
. Consistent accumulation of trash including floating . Over 50% of about a 20 sq. foot area of water
liquids, such as oil. This includes litter floating on the and up to the high tide watermark are covered
water or in the water and up to the high tide watermark. by organic material, but occurring in no more
Between 10% and 25% of about a 20 sq. foot area of than 10% of the entire water area up to the
water up to the high tide watermark is covered by litter, high tide watermark. If occurring in more
5 but occurring in no more than 10% of the entire water than 10% of the entire water area up to the
area up to the high tide watermark being assessed. high tide watermark, then deduct I point.
Dirty . If the litter density is occurring between 10-25% ofthe . Over 10 pieces of large organic material, such
water area up to the high tide watermark, then deduct 1 as tree limbs or palm fronds in the water and
point from the rating scale. up to the high tide watermark.
. One extra-large piece of litter, such as a tire, a grocery
cart, etc.
. Strom! unnatural or foul smell is being emitted.
. Large accumulation oflitter and trash including floating . 90-100% of the water and up to the high tide
liquids, such as oil. Over 25% of about a 20 sq. foot watermark is covered by organic material.
area of water area up to the high tide watermark are
6 covered by litter. This includes litter floating on the
Extremely water or in the water and up to the high tide watermark.
Dirty There may be evidence of illegal dumping.
. Two or more extra-large pieces of litter, such as tires, a
grocery carts, etc.
. Very strong unnatural or foul smell is being emitted.
January 30, 2006
City 01 Miami Beach
Bid No: 12-05/06
44 0144