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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 lD 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 Page 2 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. 2 Page 3 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. 3 Page 4 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. 4 Page 5 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: 10f9 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: 20f9 (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. 30f9 (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. 40f9 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. Sof9 (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. 60f9 (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':."':.":"~~''''''.' .... ~ I. ;C ..; .:::t I i_ f . . . . :II' .. "f .. - .. . 0'" o i . J"" " .... 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: ~.'~j:~~1:;:r ~J f. /; ;r~r jt-j t ~;:~; ,~~;~~~:~ 'ir: ..... ~: :~,...7.':.:~ City Clerk's OffIce Legislative Tracking: I T.C. Adderly 81 n-offs: ': '::~:~p'~lIr~~r}~~: \tLl \0'1 '\ .c..A '.~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 '\~~' \,\. ~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~ ~.'(\~ ~ '\~~~ \\ ..lOU ,,0" . \ l" , 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 * '-- ""- CLAIMS MADe 0 OCCUR MeD IlXP (Any onl PlIIIllII) S ,!.. 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 IIUTO ONLY; 1100 I B tiJEUIUMal'll!l.LA UABIUTY N5JH23589 11/17/08 11/17/07 EACH OCCURReNCE ,1000000 X OCCUFt 0 CLIIIMS MADE AQGREGATe S I R DEOUCTIBLE . R.l!TI!NTION I ~~~I S WORKl!'" COMPl!NSATION AND IOJ!;l' EMPLOft"S'LIA8IUTY IU. eACH ACOIDENT . my PROPRIETORIPARTN~XeCUTIVE OFFICI!RIMeMBeR exCLUDED? E.L DISEASe. eA EMPLOVEE S Ir~::.~~~.~~~~ E.L. DISEASE. POLICY LIMIT II S E I NSbelow 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 tD ..... 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. 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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 ..,.... .L. '5c.,.t,..g.,.-c-==O .~3!S.. ~ I TYt/K.J-f . 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