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HomeMy WebLinkAboutBlue Water Marine Services, Inc., Agreement ;JtJc;f:, - J b ;;l & ~ ?f~,6 - c 7 t/ AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND BLUE WATER MARINE SERVICES, INC FOR REMOVAL AND DISPOSAL OF DERELICT VESSELS ON AN "AS NEEDED" BASIS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 15-05/06 (,P THIS AGREEMENT made and entered into this J 2-tJ;day of h- ,200~ by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), a municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and BLUE WATER MARINE SERVICES, INC, a Florida corporation, whose add ress is 141 00 SW .256th Street, Homestead, Florida, 33032. (hereinafter referred to as CONTRACTOR. SECTION 1 DEFINITIONS Agreement: This Agreement between the City and CONTRACTOR. City Manager: The Chief Administrative Officer of the City. CONTRACTOR: For the purposes of this Agreement, CONTRACTOR shall be deemed to be an independent CONTRACTOR, and not an agent or employee of the City. Services: All services, work and actions by the CONTRACTOR performed pursuant to or undertaken under this Agreement, as described in Section 2 and Attachment "E" hereto. Fee: Amount paid to the CONTRACTOR to cover the costs of the Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, telephone number (305) 673-7000, Ext. 6435, and fax number (305) 673- 7023. CITY Cl.ER,f( 1 SECTION II -- SCOPE OF SERVICES 1.Scope of Services Dive, patch and re-float with a pollution stand-by crew whipch will include a salvage master, divers, patching materials, pumps, compressors and other specialized equipment necessary to recover the sunken vessels. Tow re-f1oated vessels to a county landfill area for proper disposal. 2. Environmental Protection Any vessels which are to be removed and disposed of at a landfill shall be removed from its present site in such a manner as to not impact or damage the natural environment. ("surrounding the vessel" will limit to just that area) All debris from the vessel shall be removed and the site left in a reasonable clean condition. No oil or fuel shall be permitted to be dumped or spilled into or unto the water and land. The following items must be accomplished: a) All oil must be removed from tanks, pipes, bilges, etc, to ensure that no pollutants enterthe water (steam cleaning is preferred) b) All watertight doors/hatches/bottom tank covers, etc. must be removed or welded open. c) Any items that may float free when the vessel sinks must be removed from the vessel d) Any items that may float free when the vessel sinks must be removed from the vessel e) All deck areas, bilge areas, engine spaces and cargo spaces should be broom swept. f) Sufficient ballast to maintain location of vessel on ocean bottom must be placed in the vessel shall consist of clean concrete. 3. Accident Prevention and Barricades Precautions shall be exercise at all times for theprotection of persons and property. All vendors performaing services under this contract shall conform to all relevenat Federal, State, and County regulations during the course of such effort. Any fines levied by the above mentioned authorities for failure to comply with these requiremtens shall e borne solely by the responsible vendor. Barricades shall be provided by the vendor when work is performed in areas traversed by persons, or when deemed necessary by the City Project Manager. 4. Clean-up All unusable materials and debris shall be removed from the premises at the end of each workday, and disposed of in an appropiate manner. Upon final completion, the vendor shall throughly clean up all areas where work has been involved as mutually agreed with the associated user department's project manager. 5. Cost Estimates for Each Project The contractor shall be required to submit a written estimate on each prospective project under this contract before a work order for that specific is issued. The estimate must reflect the regulat hourly wages for each classification presented in this contract, and th percentage discounts or mark-ups for materials and equipment that were quoted by the vendor on its initial offer or the most current contract pricing. The estimate shall be itemized by the number of work hours per classification, and by the cost of materials and equipment. Lump sum esimates shall not be accepted. The actual charge to the City from an awared vendor for a specific project March 17. 2006 City of Miami Beach R F P No 1 5-05/06 B of 33 shall not exceed ten percent (10%) of the vendor's initial estimate without the expressed prior approval an authorized agent of the City. 6. Labor, Materials, and Equipment The contractor shall furnish al labor, material, and equipment necessary for satisfactory contract performance. All material, workmanship, and equipment shall be subject to the inspection and approval of the City's Project Manager. 7. Legal Requirement for Pollution Control It is the intent of these specifications to comply with the Miami-Dade County Pollution Control Ordinance as stated in Chapter 24 of the Miami-Dade Code. This ordinance may be obtained, if necessary, through the Department of Environmental Resources Management (DERM), 33 SW 2nd Ave., Miami, Florida 33130, Telephone (305) 372-6789. The contractor shall comply with all requirements of the Federal Water Pollution Control Act. 8. Licenses, Permits, and Fees The contractor shall obtain and pay for all licenses, permits, and inspections fees required for this project: and shall comply with all laws, ordinances, regulations and buildings code requirements applicable to the work contemplated herein. Damages, penalties, and or fines imposed on the City or the contractor for failure to obtain required licenses, permits or fines shall be borne by the contractor. 9. Local Office The contractor shall maintain an office within the geographic boundaries of Miami- Dade, Broward, or Monroe Counties, Florida. This office shall be staffed by a competent company representative who can be contacted during normal working hours and who is authorized to discuss matter s pertaining to the contract. 10. Work Assignments All work assignments during the contract period will be on an "as needed" basis, complying with notification requirements. Bidder shall assume no guarantees as to the number of frequency of work assignments or the amount of payments under the terms of this contract. Determination of material quantities and! or specifications for each assignment will be made by the City Department. The City Department will notify the contractor of each work assignments; at which time the contractor and the City Department will mutually agree, in writing, of the beginning and ending dates of the work assignment, the contractor shall be responsible for the proper and necessary use of the materials in performance of the work. 11. Proof of Proper Disposal and Notification to Marine Patrol a) The contractor must submit prior to receiving any payment: a receipt for each vessel, including the date of disposal, disposal site, telephone number and title, and signature of person at disposal site. b) In addition to the above information, the contractor must submit a picture of the vessel demonstrating its removal, and showing its DV numbers. c) The contractor shall notify and coordinate all work with the Marine Patrol. 12. Restoration Property Property public or private, if damaged during construction or removed for convenience of the work shall be repaired or replaced at the expense of the vendor in a manner acceptable to the Project Manager prior to the final acceptance of the work. Such facilities shall include but are not limited to: walls, boating ramps, sod, and walkways. March 17. 2006 City of Miami Beach RFP No 15-05/06 90133 SECTION III - PROPOSAL FORMAT Proposals must contain the following documents, each fully completed, and signed as required. If any items are omitted, Contractors must submit the documentation within five (5) calendar days upon request from the City, or the proposal shall be deemed non-responsive. The City will not accept cost information after deadline for receipt of proposal. 1. Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: Proposer must respond to all minimum requirements listed below. Proposals which do not contain such documentation may be deemed non-responsive. a) Introduction letter outlining the Contractors 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 provide grounds maintenance services. b) Cost Information: Cost information must be submitted with your proposal, and if selected as successful contractor, cost will be negotiated. The proposed cost shall include all applicable fuel surcharges, taxes, or county waste tariffs c) Client Survey: Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 30 and 31, and request that your client submit the completed survey to the contact person listed on page 6. d) 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. e) 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 f) Risk-Assessment Plan (RAP): 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 with budget, cause any change orders, or March 17, 2006 City of Miami Beach RFP No: 15-05/06 10 of 33 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 and 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. 3. Acknowledgment of Addenda: (IF REQUIRED BY ADDENDUM) and Proposer Information forms (Pages 20-28): March 17. 2006 City of Miami Beach RFP No: 15-05/06 11 of 33 SECTION IV - MINIMUM REQUIREMENTS / QUALIFICATIONS 1. The contractor shall submit incorporation or other business entity I form documentation. 2. The contractor to whom award is made under this solicitation must be currently licensed in the following: a) Marine Towing and Recovery b) Marine Diving and Salvage c) Demolition Contractor d) Marine Contractor I Marine Construction 3. The contractor must have access to appropriate water bound equipment such as tug boats, towboats, barges, and cranes. 4. The contractor must have a minimum of three (3) years of experience in the removal and disposal of derelict vessels. 5. The contractor must have am established business which is regularly engaged in the business of performing the service as described in this Request for Proposals. 6. The contractor must provide a facsimile machine or e-mail address to facilitate order requests. March 17. 2006 City of Miami Beach RFP No: 15-05/06 12 of 33 SECTION V - EVALUATION/SELECTION PROCESS The procedure for response evaluation and selection will be as follows: . RFP issued. . Receipt of responses. · Opening and listing of all responses received. · An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFP. If further information is desired, respondents may be requested to make additional written submissions or oral presentations to the Evaluation Committee. · The Evaluation Committee will recommend to the City Manager the response(s) which the Evaluation Committee deems to be in the best interest of the City by using the following criteria for selection: 1. The experience and qualifications of the contractor (20 points). 2. Cost (40 points). 3. Risk Assessment Plan for ensuring quality of work (25 points) 4. Past Performance based on number and quality of the Performance Evaluation Surveys (15 points). · The City may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations. · After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the response or responses acceptance of which the City Manager deems to be in the best interest of the City. · The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation ofthe Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another response or responses. In any case, City Commission shall select the response or responses acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. · Negotiations between the selected respondent and the City take place to arrive at a contract price. If the City Commission has so directed, the City may proceed to negotiate a contract price with a respondent other than the top ranked respondent if the negotiations with the top ranked respondent fail to produce a mutually acceptable contract price within a reasonable period oftime. · A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. · If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected respondent(s) has (have) done so. March 17, 2006 City of Miami Beach RFP No: 15.05/06 13 of 33 Important Note: By submitting a response, all contractors shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. March 17. 2006 City of Miami Beach RFP No: 15-05/06 140133 SECTION VI - LEGAL TERMS AND CONDITIONS/INSURANCE A. MODIFICATIONIWITHDRAWALS OF SUBMITTALS A contractor may submit a modified response to replace all or any portion of a previously submitted response up until the RFP due date and time. Modifications received after the RFP due date and time will not be considered. Responses shall be irrevocable until contract award unless withdrawn in writing prior to the RFP due date or after expiration of 120 calendar days from the opening of responses without a contract award. Letters of withdrawal received after the RFQ due date and before said expiration date and letters of withdrawal received after contract award will not be considered. B. RFP POSTPONEMENT/CANCELLA TION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP or in any responses received as a result of this RFP. C. COST INCURRED BY CONTRACTORS All expenses involved with the preparation and submission of responses to the City, or any work performed in connection therewith, shall be the sole responsibility of the contractor (s) and not be reimbursed by the City. - D. EXCEPTIONS TO RFP Contractors must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered. The City, after completing evaluations, may accept or reject the exceptions. In cases in which exceptions are rejected, the City may require the consultant to furnish the services orgoods originally described, or negotiate an alternative acceptable to the City. E. SUNSHINE LAW Contractors are hereby notified that all information submitted as part of a response to this RFP will be available for public inspection after opening of responses, in compliance with Chapter 286, Florida Statutes, known as the Florida Government in the Sunshine Law. F. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require consultants to give oral presentations based on their responses. The City reserves the right to enter into negotiations with the selected consultant, and if the City and the selected consultant cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the next selected consultant. This process may continue until a contract has been executed or all responses have been rejected. No consultant shall have any rights in the subject project or property or against the City arising from such negotiations. March 17.2006 City of Miami Beach RFP No: 15-05106 15 of 33 G. PROTEST PROCEDURES Contractors that are not selected may protest any recommendation for selection of award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for protesting the City Manager's recommendation. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. H. RULES; REGULATIONS; AND LICENSING REQUIREMENTS Contractors are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the consultant will in no way relieve it from responsibility for compliance. I. DEFAULT Failure or refusal of a consultant to execute a contract upon award by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City; where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the consultant from the City's vendor list. J. CONFLICT OF INTEREST All consultants must disclose with their response the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all consultants must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the consultant or any of its affiliates. K. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS All Proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed herein, in addition to disqualification of their Proposals, in the event of such non-compliance. L. CONSULTANT'S RESPONSIBILITY Before submitting responses, each consultant shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful consultant from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claims whatsoever for any monetary consideration on the part of the consultant. M. RELATION OF CITY It is the intent of the parties hereto that the successful consultant be legally considered to be an independent consultant and that neither the consultant nor the consultant's employees and agents shall, under any circumstances, be considered employees or agents ofthe City. March 17. 2006 City of Miami Beach RFP No: 15-05106 16 of 33 N. PUBLIC ENTITY CRIME (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 ($25,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. O. ASSIGNMENT The successful consultant shall not enter into any sub contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute a default by the successful consultant. P. INDEMNIFICATION The successful consultant shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from1he negligent acts or omissions or other wrongful conduct of the successful consultant, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. R. TERMINATION FOR DEFAULT If through any cause within the reasonable control ofthe successful consultant, 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 the services then remaining to be performed by giving written notice to the successful consultant of such termination which shall become effective upon receipt by the successful consultant of the written termination notice. In that event, the City shall compensate the successful consultant in accordance with the Agreement for all services performed by the consultant prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful consultant 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 consultant, and the City may reasonably withhold payments to the successful consultant for the purposes of set off until such time as the exact amount of damages due the City from the successful consultant is determined. March 17, 2006 City of Miami Beach R F P No: 15-05/06 17 of 33 S. 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 consultant of such termination, which shall become effective thirty (30) days following receipt by consultant 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 consultant in accordance with the Agreement for all services actually performed by the successful consultant and reasonable direct costs of successful consultant for assembling and delivering to City all documents. No compensation shall be due to the successful consultant for any profits that the successful consultant expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful consultant upon a termination as provided for in this section. T. INSURANCE Successful Consultant shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance as indicated on the Insurance Checklist which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. Any exceptions to these requirements must be approved by the City's Risk Management Department. FAILURE TO PROCURE INSURANCE Successful consultant's failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. U. CONE OF SILENCE Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are hereby advised that the Cone of Silence requirements listed herein shall apply. V. DEBARMENT ORDINANCE Proposers are hereby advised that this RFQ is further subject to City of Miami Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are strongly advised to review the City's Debarment Ordinance. Debarment may constitute grounds for termination of the contract, as well as, disqualification from consideration on any City of Miami Beach RFP,RFQ,RFU,or~d. X. CODE OF BUSINESS ETHICS Pursuant to Resolution No.2000 23879 each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the March 17, 2006 City of Miami Beach RFP No: 15-05/06 18 of 33 Procurement Division with your bid/response or within five days upon receipt of request. The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. Y. AMERICAN WITH DISABILITIES ACT Call 305-673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call Heidi Johnson Wright, Public Works Department, at 305-673-7080. Z. ACCEPTANCE OF GIFTS, FAVORS, SERVICES 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. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall accept any gift, favor or service that might reasonably tend improperly to influence him/her in the discharge of his/her official duties. March 17. 2006 City of Miami Beach RFP No: 15-05106 190f 33 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida and U.S.L. & H I Jones Act per Federal Law (If required). XXX 2. Comprehensive General Liability (occurrence form), limits of liability $1 ,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). XXX3.Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. _ 4.Excess Liability - $ . 00 per occurrence to follow the primary coverage. XXX 5. The City must be named as and additional insured on the liability policies; and it must b!'l stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond $ $ $ $ $ .00 .00 .00 .00 .00 XXX Professional Liability $1,000,000 .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 Quote number and title VENDOR AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. Yendor Signature of Yendor March 17, 2006 City of Miami Beach RFP No: 15-05/06 20 of 33 March 17. 2006 City of Miami Beach SECTION VII - DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY RFP No: 16-05/06 21 of 33 REQUEST FOR PROPOSALS NO. 15-05/06 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part lor Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP:03- 05/06 Addendum No.1, Dated Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No. 5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff - Name of staff Date (Contractor -Name) (Date) (Signature) March 17. 2006 City of Miami Beach RFP No: 15-05/06 22 of 33 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 day of ,2006. Submitted this The undersigned, as consultant, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The consultant agrees if this response is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the consultant and the City of Miami Beach, Florida, for the performance of all requirements to which the response pertains. The consultant states that the response is based upon the documents identified by the following number: RFP NO.15-05/06 SIGNATURE PRINTED NAME TITLE (IF CORPORATION) March 17, 2006 City of Miami Beach RFP No: 15-05/06 23 of 33 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to [Print name of public entity] By [Print individual's name and title] For [Print name of entity submitting sworn statement] Whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1 )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133 (1 )(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. March 17, 2006 City of Miami Beach RFP No: 15-05/06 24 of 33 5) I understand that a "person" as defined in Paragraph 287.133(1 )(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6) Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROYIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FO.RM [Signature] Sworn to and subscribed before me this day of ,2006 Personally known OR Produced identification Notary Public - State of My commission expires (Type of Identification) (Printed typed or stamped Commissioned name of Notary Public) March 17, 2006 City of Miami Beach RFP No 15-05/06 25 of 33 QUESTIONNAIRE Consultant's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation. answer this: When Incorporated: In what State: If a Foreian Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Yice-President's Name: Treasurer's Name: Members of Board of Directors Questionnaire (continued) March 17, 2006 City of Miami Beach RFP No: 15-05/06 26 of 33 If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating AlE business: 2. Have any agreements held by Consultant for a project ever been canceled? Yes ( ) No ( ) If yes, give details on a separate sheet. 3. Has the Consultant or any principals of the applicant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: March 17. 2006 City of Miami Beach RFP No: 15-05/06 27 of 33 Questionnaire (continued) 4. Has the Consultant or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this bid and Qualification Form have ( ) have not ( ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the Consultant and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) March 17, 2006 City of Miami Beach RFP No: 15-05/06 28 of 33 Questionnaire (continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Consultant and/or individuals and entities comprising or representing such Consultant, and in an attempt to ensure full and complete disclosure regarding this contract, all Consultants are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. March 17, 2006 City of Miami Beach RFP No: 15-05/06 29 of 33 Questionnaire (continued) The Consultant understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the Consultant to be true. The undersigned Consultant agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Consultant, as may be required by the City Manager. The Consultant further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Consultant agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: General Partner Print Name WITNESS: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: President (CORPORATE SEAL) Attest: March 17, 2006 City of Miami Beach RFP No: 15-05106 30 of 33 SECTION VIII - BEST PERFORMANCE PROCUREMENT INFORMATION DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENT March 17, 2006 City of Miami Beach RFP No: 15-05/06 31 0133 G MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miomibeochfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fox: 305.673.7851 March 17, 2006 To: Phone: Fax: E-mail: Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on various contractors that perform removal and disposal of derelict vessels. The information will be used to assist City of Miami Beach in the procurement of various graffiti removal projects. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return this questionnaire to Maria Estevez by Friday, April 14, 2006 by fax: 305.673.7851; or e-mail mestevez@miamibeachfl.Qov Thank you for your time and effort. G MIAMI BEACH March 17. 2006 City of Miami Beach RFP No: 15-05/06 32 of 33 City of Miomi Beoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 305.673.7851 PERFORMANCE EVALUATION SURVEY Contractor Name: Point of Contact: 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 I is if you would never hire them again because of very poor performance). NO CRITERIA UNIT 1 Ability to manage the project cost (minimize change orders) (1-10) 2 Ability to maintain project schedule (complete on-time or early) (1-10) 3 Quality of workmanship (1-10) 4 Professionalism and ability to manage (includes responses and (1-10) prompt payments to suppliers and subcontractors) Close out process (no punch list upon turnover, warranties, 5 as-built, operating manuals, tax clearance, etc, submitted (1-10) promptly) - 6 Communication, explanation of risk, and documentation (1-10) (construction interface completed on time) Ability to follow the users rules, regulations, and requirements 7 (housekeeping, safely, etc...) (1-10) Overall customer satisfaction and hiring agam based on 8 performance (comfort level in hiring contractor again) (1-10) Overall Comments: Agency or Contact Reference Business Name: Contact Name: Contact Phone and e-mail: Date of Services: Dollar Amount for Services: PLEASE FAX THIS QUESTIONNAIRE TO MARIA ESTEVEZ AT 305.673.7851 March 17, 2006 City of Miami Beach RFP No: 15-05/06 33 of 33 G MIAMI BEACH City of Mioml Beach, 1700 CanvenNon Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov PROCUREMENT DIVISION T..I: 305-673-7490 , Fox: 305-673.7851 March 23, 2006 RE: ADDENDUM NO.1 TO REQUEST FOR PROPOSALS (RFP) No. 15-05/06 - REMOVAL AND DISPOSAL OF DERELICT VESSELS (the "RFP") The RFP is hereby clarified and amended as follows: I. Please be advised that any and all reference to experience as grounds maintenance services or graffiti removal services has been deleted and substituted by removal and disposal of derelict vessels. II. The attached cost proposal form must be submitted with your proposal. The cost per foot must include all services outlined in Section II, Scope of Services. Ill. Additionally, you must submit as an add alternate, your proposed pricing for vessels that are sunken (i.e. lying at the bottom of a body of water). The cost associated with sunken vessels will be in addition to the cost provided above. and will only be applied in instances when vessels are sunken. IV. Section II on page 8, Subdivision 5, entitled "Cost Estimates for Each Project", Is revised (words added are denoted by an underscore: words deleted are denoted by a striketllrel:lgh) to read as follows: 5) The contractor shall be required to submit a written estimate on each prospective project under this contract before a work order for that specific oroiect is issued. The estimate must reflect the regular hourly wages for each classification presented in this contract, and the percentage discounts or mark-ups for materials and equipment that were quoted by the vendor on its initial offer or the most current contract pricing. The estimate shall be Itemized by the number of work hours per classification, and by the cost of materials and equipment. Lump sum estimates shall not be accepted. The actual charge to the City from an awarded vendor for a specific project &hall Rot e*sseG teA per:eeAt (10.%) ef tile 'JeRGer's iAitial estiA'late '....itI'l9l:lt tRe 8*~r:e66eel ~Fler a~~rB'lal Dn al:ltRBri>!8Q agent of tI'Ie City must be in accordance with the cost information submitted in resoonse to the RFP. and acceotance of same bv the Cltv. V. Section II on page 9, Subdivision 8, entitled "Proof of Proper Disposal and Notification to Marine Patrol", Is revised (words added are denoted by an underscore; words deleted are denoted by a strlkethrablgl=l) to read as follows: ' a) The cOntractor must submit prior to receiving any payment: a receipt for each vessel, including the date of disposal, disposal site. DV number. telephone number and title. and signature of person at disposal site. Morell 23. 2006 (Amended) City 01 M1amllleach RFP No: 16-05108 b) In addition to the above information, the contractor must submit a picture of the vessel demonstrating its removal, and showing its DV numbers. c) The contractor shall notify and coordinate all work with the Marine Patrol. VI. Evidence of Insurance Requirements specified on page 20. "The Insurance Check Ust" of this RFP which Includes also the U.S. L & H. (Longshoreman's and Harbor workers insurance) may be required within (5) days after Proposal Opening. Contractors are reminded to please acknowledge receipt of this addendum as part of your proposal submission. The proposed pricing information requested herein must be submitted with your proposal in order to be deemed responsive and receive consideration. Contrac~ors that have elected not to submit a proposal must complete and return the "Notice to Prospective Bidders. questionnaire with the reason(s) for not submitting a proposal. F :\PU RC\$ALL \Maria\RFP'S\05-06\RFP-15-05-06 Derelict Vessels\RFP-15-05-06A 1.doc March 23. 2006 (Amended) CIty 01 Miami Baech RFP No' 15-06106 COST PROPOSAL PER FOOT RATES FOR VESSELS THAT ARE NOT SUNKEN Vessels up to 10' Vessels from 11' to 20' Vessels from 21' to 30' Vessels from 31' to 40' Vessels from 41' to 60' Vessels from 61' to 80' Vessels greater than 80' PER FOOT RATES FOR VESSELS rHAT ARE SUNKEN (I.e. lying at the bottom of a body of water) Vessels up to 10' Vessels from 11' to 20' Vessels from 21' to 30' Vessels from 31' to 40' Vessels from 41' to 60' Vessels from 61' to 80' Vessels greater than 80' March 23. 2OlI6 (Amended) City 0/ MIami Beach RFP No: 1 Il-05f06 G) MIAMI BEACH City of Miami Beach, 1700 Convention Cenfer Drive, Miami Beach, florida 33 139, www.miamibecchfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, 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 product/service. _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. March 23, 2OOl! {Amended} City of t.t8m1 Beach RFP No: 1lHl5!OCl <9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, w.,.,w.miamibeachA.gov PROCUREMENT DIVISION Tel: 305-673-7490 , Fax: 305-673-7851 November 30,2006 RE: ADDENDUM NO.2 TO REQUEST FOR PROPOSALS (RFP) No. 15-05/06- REMOVAL AND DISPOSAL OF DERELICT VESSELS (the "RFP") In response to questions and requests for additional information received by prospective contractors, the RFP is hereby clarified and amended as follows: I. The deadline for receipt of proposals has been changed from April10, 2006 to April 17,2006 at 3:00 p.m. II. Any and all references to cost information have been deleted. Consequently, the evaluation criteria to be utilized by the Evaluation Committee has been revised as follows: 1. The experience and qualifications of the contractor (20 points). 2. Integrity, character, and judgement of the contractor (40 points). 3. Risk Assessment Plan for ensuring quality of work (25 points) 4. Past Performance based on number and quality of the Performance Evaluation Surveys (15 points). III. Prior to the removal of any vessel, the City will determine if the vessel is salvageable. Should the City determine that the vessel is salvageable, the City will instruct the contractor of where to transport said vessel. Contractor and City will agree upon the cost associated with transportation of said vessel. IV. The City will request pricing information from any or all contract awarded vendors on a vessel specific basis, as the need arises. Contractors are reminded to please acknowledge receipt of this addendum as part of your proposal submission. Contractors that have elected not to submit a proposal must complete and retum the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. CITY OF MIAMI BEACH ft- Gus Lopez, CPPO Procurement Director F:IPURCI$ALL IMariaIRFP'SI05-06IRFP-15-05-06 Derelicl VesselsIRFP-15-05-06A2.doc April 4, 2006 (Amended) City of Miami Beach RFP No: 15-05/06 c--') \1 COMMISSION ITEM SUMMARY Condensed Title: Accept the City Manager's Recommendation Pertaining to the Ranking of Contractors Pursuant Request For Proposals No.15-05/06, Removal and Disposal of Derelict Vessels; Authorizing to Enter Into Negotiations with the Four (4) Ranked Proposers; and Authorizing the Mayor and City Clerk to Execute Agreements Upon Conclusion of Successful NeQotiations. Ke Intended Outcome Su orted: To Improve The Cleanliness of Miami Beach Waterways. Issue: Shall the City Commission adopt the Resolution? Item Summary/Recommendation: On March 8, 2006, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 15-05/06 for Removal and Disposal of Derelict Vessels. The RFP process seeks to select qualified sea-towing contractors that would assist the City in the removal and disposal of derelict vessels from public waters to comply with the City Key Intended Outcome to improve the cleanliness of Miami Beach waterways. During strong weather conditions, boats might be shifted and placed in areas where they can develop into a hazardous condition or serious risk to our residents and visitors. After the proper investigation and identification, an abandoned vessel becomes a derelict vessel only after all available means to identify or contact the owner have failed. The retention of a recognized and insured contractor with the expertise on in the removal of vessels would allow the City to respond in a more expeditious manner. The City Manager via Letter to Commission (LTC) No. 116-2006, appointed an Evaluation Committee ("the Committee") that convened On June 5, 2006. After evaluation of proposals and presentations from Contractors, It was the Committee's overall opinion that only four (4) contractors scored high enough to be deemed qualified to provide services to the City: (1) Blue Water Marine Services,(2) Dock and Marine Construction, (3) H20 Tow, and (4) Biscayne Towing & Salvage. ADOPT THE RESOLUTION. Advisory Board Recommendation: I N/A Financial Information: Source of . Amount . Account Approved Funds: 1 D . 2 3 4 OS PI Total Financial Impact Summary: City Manager C9 MIAMIBEACH AGENDA ITEM DATE C7V 7-/~-O(' 302 m MIAMI BEACH - City of Miami Beach. 1700 Convention Center Drive, Miami Beoch, Florida 33139, www.micmibeachA.gov COMMISSION MEMORANDUM DATE: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager ~ July 12, 2006 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF CONTRACTORS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 15-05/06, FOR REMOVAL AND DISPOSAL OF DERELICT VESSELS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE FOUR (4) TOP RANKED PROPOSERS, BLUE WATER MARINE SERVICES, DOCK AND MARINE CONSTRUCTION, H20 TOW, AND BISCAYNE TOWING & SALYAGE; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. TO: FROM: SUBJECT: ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS On March 8, 2006, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 15-05/06 for Removal and Disposal of Derelict Vessels. The RFP process seeks to select qualified sea-towing contractors that would assist the City in the removal and disposal of derelict vessels from public waters to comply with the City Key Intended Outcome to improve the cleanliness of Miami Beach waterways. During strong weather conditions, boats might be shifted and placed in areas where they can develop into a hazardous condition or serious risk to our residents and visitors. After the proper investigation and identification, an abandoned vessel becomes a derelict vessel only after all available means to identify or contact the owner have failed. The retention of a recognized and insured contractor with the expertise on in the removal of vessels would allow the City to respond in a more expeditious manner. The scope of services include: 1. Dive patch and re-f1oat with a pollution stand-by crew the vessels which will include a salvage master, divers, patching materials, pumps, compressors and other specialized equipment necessary to recover the sunken vessels. 2. Tow re-floated vessels to a county landfill area for disposal. 3. Documentation of all work performed. The proposed cost shall include all applicable fuel surcharges, taxes, or county waste tariffs. 303 Commission Memorandum - RFP-15-05/06 July 12, 2006 Page 2 of 4 RFP No. 15-05/06 was issued on March 17,2006 with an opening date of April 17, 2006. A pre-proposal conference to provide information to contractors submitting a response was held on March 27, 2006. BidNet issued bid notices to eight (8) prospective proposers and twenty eight (28) proposers were notified via mail, e-mail, and fax circulation, which resulted in the receipt of following five (5) proposals: 1. BLUE WATER MARINE SERVICES 2. DOCK AND MARINE CONSTRUCTION 3. H20 TOW 4. BISCAYNE TOWING & SALVAGE 5. DRC EMERGENCY SERVICES The City Manager via Letter to Commission (LTC) No. 116-2006, appointed an Evaluation Committee ("the Committee") consisting of the Following individuals: · Joel Aberbach, Miami Beach Resident, Member of the Miami Beach Marine Authority · Donald Blechman, Miami Beach Resident, Member of the Miami Beach Marine Authority · Lisa Botero, Environmental Specialist, Public Works Department · Frank de la Torre, Officer, Florida Fish and Wildlife Commission · Debra Ruggerio, Miami Beach Resident, Leadership Academy Graduate · Dale Twist, Sergeant Police, Miami Beach Marine Police Patrol Department · Donald Druitt, Emergency Management Coordinator, Fire Suppression Department On June 5, 2006, the Committee convened. Committee members Dale Twist and Frank de la Torre were unable to attend. The Committee was provided information on the scope of the project by Donald Druitt, Emergency Management Coordinator, and staff from the City's Procurement Division. The Committee unanimously nominated Donald Druitt as Chair of the Committee. The Committee was also provided presentations by all contractors who provided a response to this RFP. In addition, Committee members were provided with Performance Evaluation Surveys received from past and current clients of the contractors being evaluated. The following Evaluation Criteria was used to evaluate and rank the contractors: 1. The experience and qualifications of the contractor (20 points). 2. Integrity, character, and judgement of the contractor (40 points). 3. Risk Assessment Plan for ensuring quality of work (25 points) 4. Past Performance based on number and quality of the Performance Evaluation Surveys (15 points). After evaluation of proposals and presentations from Contractors, the Committee discussed the evaluation criteria. The method of ranking the contractors utilized by the Committee was the following: The contractors with more than 50% of the Committee Members' first-place votes will be deemed the top-ranked contractor; subsequent contractors or contractors not receiving the majority of the Committee Member's first-place votes will be ranked based on the total low aggregate ranked score. It was the Committee's overall opinion that only four (4) contractors scored high enough to be deemed qualified to provide services to the City. A motion was recommended by Donald Druitt (Chair) and, seconded by and approved by all Committee members for Blue Water Marine Services, Dock and Marine Construction, H20 Tow, and Biscayne Towing & Salvage to be recommended for potential award of contracts, adding that this option would 304 Commission Memorandum - RFP-15-05l06 July 12,2006 Page 3 of 4 be the most flexible and advantageous option for the City in the event of an emergency, such as a hurricane. The final scoring was as follows: DONALD DONALD JOEL LISA DEBBRA BLECHMAN DRUITT ALBERBACH BOTERO RUGGERIO TOTALS DRC EMERGENCY SERVICES BLUE WATER MARINE SERVICES H20 TOW BISCAYNE TOWING & SALVAGE DOCK AND MARINE CONSTRUCTION &. 't -f . -'1-1"'''.:' -;...~ J':li""'"':~,*, ~ ~ rr';' " '. "~1ff~ ~" ~ ~." '~~. '"I} ~ , ~ :~1.:.n_ ,'. ~"'''?9:~,,~~{0...:...: DRC EMERGENCY SERVICES BLUE WATER MARINE SERVICES 5 5 H20 TOW BISCAYNE TOWING & SALVAGE DOCK AND MARINE CONSTRUCTION 2 1 2 1 2 2 2 2 1 FINAL RANKING ORDER 1. BLUE WATER MARINE SERVICES 2. DOCK AND MARINE CONSTRUCTION 3. H20 TOW 4. BISCAYNE TOWING & SALVAGE 5. DRC EMERGENCY SERVICES 305 132 482 398 398 423 Commission Memorandum - RFP-15-05/06 July 12, 2006 Page 4 of 4 CONCLUSION A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida accepting the recommendation of the City Manager pertaining to the ranking of contractors pursuant to Request for Proposals (RFP) No. 15-05/06, for Removal and Disposal of Derelict Vessels; Authorizing the Administration to enter into negotiations with the four (4) top ranked proposers Blue Water Marine Services, Dock and Marine Construction, H20 Tow, and Biscayne Towing & Salvage; and further Authorizing the Mayor and City Clerk to execute agreements upon conclusion of successful negotiation by the Administration. T:V\GE NDA \2006~uI1206\consenl\RFP-15-05-06 Derelict Vessels-Merna. doc 306 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF CONTRACTORS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 15-05/06, FOR REMOVAL AND DISPOSAL OF DERELICT VESSELS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE FOUR (4) TOP RANKED PROPOSERS, BLUE WATER MARINE SERVICES, DOCK AND MARINE CONSTRUCTION, H20 TOW, AND BISCAYNE TOWING & SALVAGE; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, Request for Proposals (RFP) No. 15-05/06 for Removal and Disposal of Derelict Vessels was issued on March 17, 2006 with an opening date of April 17, 2006; and WHEREAS, the RFP process seeks to select qualified sea-towing contractors that would assist the City in the removal and disposal of derelict vessels from public waters; and WHEREAS, a pre-proposal conference to provide information to contractors submitting a response was held on March 27, 2006; and WHEREAS, BidNet issued bid notices to eight (8) prospective proposers, and an additional twenty eight (28) proposers were notified via mail, e-mail, and fax circulation, which resulted in the receipt of five (5) proposals; and WHEREAS, the City Manager via Letter to Commission (LTC) No. 116-2006, appointed an Evaluation Committee ("the Committee") consisting of the Following individuals: · Joel Aberbach, Miami Beach Resident, Member of the Miami Beach Marine Authority; · Donald Blechman, Miami Beach Resident, Member of the Miami Beach Marine Authority; · Lisa Botero, Environmental Specialist, Public Works Department; · Frank de la Torre, Officer, Florida Fish and Wildlife Commission; · Debra Ruggerio, Miami Beach Resident, Leadership Academy Graduate; · Dale Twist, Sergeant Police, Miami Beach Marine Police Patrol Department; · Donald Druitt, Emergency Management Coordinator, Fire Suppression Department; and WHEREAS, on June 5, 2006, the Committee convened (members Dale Twist and Frank de la Torre were unable to attend); and WHEREAS, the Committee was provided information on the scope of the project, past performance evaluation surveys, risk assessment plans, and evaluation criteria; and WHEREAS, the Committee was also provided presentations by all responsive proposers; and WHEREAS, following presentations, the Committee discussed the evaluation criteria and ranked the proposals as follows: (1 )Blue Water Marine Services;(2)Dock and Marine Construction; (3)H20 Tow; and (4)Biscayne Towing & Salvage; and WHEREAS. the City Manager concurs with the Committee's recommendations. 307 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manger pertaining to the ranking of contractors pursuant to Request for Proposals (RFP) No. 15-05/06, for Removal and Disposal of Derelict Vessels; authorize the Administration to enter into negotiations with the four (4) top-ranked proposers, Blue Water Marine Services, Dock and Marine Construction, H20 Tow, and Biscayne Towing & Salvage; and further authorize the Mayor and City Clerk to execute agreements upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED THIS DAY OF 2006. ATTEST: CITY CLERK MAYOR T:IAGENDA\2006~uI1206\consent\RFP-15"()5"()6 Derelict Vessels - Re50lution..doc APPROVED AS TO FORM & lANGUAGE & FOR CUTlON f/2~/" Date 308