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HomeMy WebLinkAboutDocumentation_Regular_Tab 10_11/9/2023 Agenda Item #10. Regular Council STAFF MEMO Meeting: Regular Council - Nov 09 2023 Staff Contact: Marjorie Craig, Utilities Director Department: Utilities Consider Approval of SA Recycling, LLC, Piggyback Agreement to Provide Scrap Metal Recycling Services, As-needed (Obsolete Brass Water Meters) to Recover an Estimated $5,000 in Revenue in Exchange for the Meters SUMMARY: Utilities Department (UD) recommends piggybacking on the Town of Davie Scrap Metal Recycling Services Agreement with SA Recycling, LLC, to sell old, obsolete, and/ or out-of-calibration brass water meters. The old brass water meters scheduled for scrapping are over 10 years old and were replaced between 2019 and 2021 with the more advanced and accurate Sensus iPERL Smart Water Meters, the current Village Utilities Department meter standard for AMI metering. The Utilities Department estimates that it will recover about $5,000 in revenue this fiscal year in exchange for the brass meters from SA Recycling, LLC. The revenue received will be deposited into the Water Fund, account #401-950-364.100 Disposition/ Sale of Assets. Attachments: (01) VOT Agreement between SA Recycling and the VOT, including signature pages (02) Attachment A— Town of Davie Agreement-VOT Piggybacking for Scrap Metal This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561- 768-0443. BUDGET • • BUDGET AMOUNT N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A FUNDING SOURCES: 401-950-364.100 IS THIS A PIGGYBACK: ❑ Yes ❑x N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑x N/A QUOTE 1 - BUSINESS NAME N/A QUOTE AMOUNT N/A QUOTE 2 - BUSINESS NAME N/A QUOTE AMOUNT N/A Page 270 of 702 Agenda Item #10. QUOTE 3 - BUSINESS NAME N/A QUOTE AMOUNT N/A COMMENTS/EXPLANATION ON SELECTION VOT piggybacking an agreement SA Recycling has with the Town of Davie to leverage pricing to sell scrap meters and deposit revenue into the account for disposition/ sale of assets. POTENTIAL MOTION - • e The Utilities Department recommends approval of this agreement. 1 (01) 23-1020-VOT Agreement-SA Recycling, LLC w-signature-pages (02) Exhibit A-Town of Davie Agreement VOT Pig_gybacking On for Scrap Metal Page 271 of 702 Agenda Item #10. VILLAGE OF TEQUESTA AGREEMENT FOR SCRAP METAL RECYCLING SERVICES THIS AGREEMENT for scrap metal recycling services is entered into and effective this 20th day of October, 2023, by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive,Tequesta,Florida 33469, organized and existing in accordance with the laws of the State of Florida, hereinafter "the Village"; and SA RECYCLING LLC, a California corporation, registered to do business in the State of Florida with principal offices located at 2411 N Glassell Street, Orange, CA 92865, hereinafter"the Contractor", and collectively with the Village, "the Parties". WITNESSETH The Village and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties,hereby agree as follows: 1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement whereby the Contractor shall provide scrap metal recycling services as needed by the Village. The Parties agree to enter into this Agreement and piggyback for the scrap metal recycling services at the unit prices described in the Town of Davie Invitation to Bid #ITB-RM-21-98. Said contract, including its terms, conditions, specifications, and attached exhibits/amendments, are hereby fully incorporated into this Agreement and attached hereto as Exhibit"A". 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be pursuant to the unit prices provided in Exhibit "A". The Parties hereby agree to the Village's purchase of supplies and/or services in greater or lesser amounts than estimated in the Town of Davie Scrap Metal Recycling Contract as referenced by the proposal in Exhibit "A". In consideration for the above Scope of Services and pursuant to any Exhibits, if applicable, the Village shall pay the Contractor at the unit prices as described in Exhibit "A". The total amount paid under this contract shall not exceed $75,000. The goods or services shall be delivered on a per-order basis in a time, manner, and location acceptable to the Village the "Performance Date." 3. CHANGE ORDERS: Seller is aware that price and time are of the essence in this contract and that prompt and timely performance of all such obligations is strictly required. If conditions change that would require an increase in price, scope, or time for performance Seller must notify the Village in writing detailing the conditions that have changed and requesting a change order to Pagel of 8 Page 272 of 702 Agenda Item #10. the contract within 30 days prior to the performance date"Change Order Deadline". Change orders submitted after the change order deadline will not be considered. Seller shall not proceed with any change to its obligations under a change order request unless documented in a Change Order executed by both Parties. If Seller requests a change order prior to the change order deadline Village at its discretion may accept the change order as is or with modifications, deny the change order, re-advertise and re-solicit providers for the required goods or services or terminate this contract. If the Village elects to re-advertise and re-solicit the need for goods or services the Village will have 30 days "Solicitation Period" in which to accept the contemplated change order or terminate this contract.At any time after execution of this Agreement but prior to Seller's delivery of the Goods, the Village reserves the right at its discretion to change, modify, revise add, or remove any part of its order for the Goods as described by this Agreement and any Exhibits, if applicable. If any such change to the Village's order causes an increase or decrease in the cost of the Goods or causes a change in the time required for delivery of the Goods,the Village shall make an equitable adjustment in the contract price, the delivery schedule, or both. Any change to the Village's order for the Goods and any subsequent equitable adjustment to the terms of this Agreement shall be effectuated through a written Amendment to this Agreement as executed by both Parties pursuant to Section 15. of this Agreement. 4. TERM; TERMINATION; NOTICE: Pursuant to the Town of Davie Scrap Metal Recycling Services Contract, the original contract term expired on January 1 st, 2023. The Town of Davie renewed the contract through Amendment #1 to the contract, extending the term until January 1", 2025. This Agreement may be terminated by either party upon 30 days written notice to the other party. Notice shall be considered sufficient when sent by certified mail or hand- delivered to the Parties during regular business hours at the following addresses: Village Contractor Village of Tequesta SA Recycling LLC 345 Tequesta Drive 1610 N Powerline RD Tequesta, FL 33469-0273 Pompano Beach, FL, 33069-1623 Attn: [Department] Page 2 of 8 Page 273 of 702 Agenda Item #10. 5. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as are specified in Exhibit "A" and shall name the Village as an "additional insured" on the liability portion of the insurance policy. 6. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and hold harmless the Village,its agents, servants, and employees,from and against any claim,demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28,Florida Statutes. 7. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six(36)months immediately preceding the date hereof This notice is required by Section 287.133(3)(a), Florida Statutes. 8. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Village. Both the Village and the Contractor agree that this Agreement is not a contract for employment and that no relationship of employee-employer or principal-agent is or shall be created hereby, nor shall hereafter exist by reason of the performance of the services herein provided. 9. INSPECTOR GENERAL: Pursuant to Sections 2-4212-432 of the Palm Beach County Code of Ordinances, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts, and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations.All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists Page 3 of 8 Page 274 of 702 Agenda Item #10. of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 10. E-VERIFY ELIGIBILITY. The Contractor warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, the Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of all newly hired workers, and (2) verify that all of the Contractor's subconsultants performing the duties and obligations of this Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. The Contractor shall obtain from each of its sub-consultants an affidavit stating that the sub-consultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in Section 448.095(1)(k),Florida Statutes, as may be amended. The Contractor shall maintain a copy of any such affidavit from a sub-consultant for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement which requires a longer retention period. The Village shall terminate this Agreement if it has a good faith belief that the Contractor has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the Contractor's subconsultant has knowingly violated Section 448.09(1),Florida Statutes, as may be amended, the Village shall notify the Contractor to terminate its contract with the sub-consultant and the Contractor shall immediately terminate its contract with the sub-consultant. In the event of such contract termination, the Contractor shall be liable for any additional costs incurred by the Village as a result of the termination. 11. SCRUTINIZED COMPANIES: For Contracts under $1M, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes and that it is not engaged in a boycott of Israel. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over $1M, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Page 4 of 8 Page 275 of 702 Agenda Item #10. Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel and that it does not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may terminate this Agreement at the Village's option if the Contractor is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135,Florida Statutes. 12. ATTORNEY'S FEES: In the event, a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 13. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure in performance under this Agreement if such failure arises out of causes reasonably beyond the control of the Contractor or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; acts of war; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. 14. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 15. AMENDMENTS & ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and required insurance certificates constitute the entire Agreement between both parties; no modifications shall be made to this Agreement unless in writing, agreed to by both parties, and attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the provision of services called for in this Agreement without prior written consent of the Village. 16. PUBLIC RECORDS: In accordance with Section 119.0701,Florida Statutes,the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request from the Village's custodian of public records, the Contractor must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119,Florida Statutes. A Contractor who fails to provide the public records to the Village, or fails to make them available Page 5 of 8 Page 276 of 702 Agenda Item #10. for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Section 119.0701,Florida Statutes, and other penalties under Section 119.10,Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in Scope of Services are not disclosed except as authorized by law for the duration of the Agreement term,and following completion of the Agreement if the Contractor does not transfer the records to the Village. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all public records in possession of the Contractor, or keep and maintain public records required by the Village. If the Contractor transfers all public records to the Village upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village,upon request from the Village's custodian of public records,in a format that is compatible with the Village's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT lmcwilliams(a tequesta.or 9 OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 17. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 18. SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. 19. WAIVER: No waiver by the Village of any provision of this Agreement shall Page 6 of 8 Page 277 of 702 Agenda Item #10. be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Contractor of the same, or any other provision or the enforcement hereof. The Village's consent to or approval of any act requiring the Village's consent or approval of any act by the Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. 20. ENTIRE AGREEMENT: This eight page Agreement, including any Exhibits, constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this Agreement. In the event of a conflict between this and any other document, this document shall prevail. 22. AUTHORITY TO OBLIGATE: Each person signing this agreement on behalf of either Party warrants that he or she has the full legal power to execute this agreement on behalf of the Party for whom he or she is signing and bind and obligate such party with respect to all provisions contained in this agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: SA RECYCLING LLC Page 7 of 8 Page 278 of 702 Agenda Item #10. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: SA RECYCLING LLC By Ti e: ' yl(-G)ICA (Corporate Seal) VILLAGE OF TEQUESTA • By: Jeremy Allen, City Manager ATTEST: Date: October 20,2023 (Seal) Lori McWilliams,MMC :1�jr►W VICT7nHM D Village Clerk 2°: ��^` Notary Publi a� e` CommissiMy comm.E Page 8 of 8 Page 279 of 702 Agenda Item #10. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: SA RECYCLING LLC By: Title: (Corporate Seal) VILLAGE OF TEQUESTA Digitally signed by Jeremy Allen Jeremy A e n Date:2023.10.20 14:09:15-04-00- By: Jeremy Allen, City Manager ATTEST: (Seal) "1111N111111I I I n 1111 Mllll p F TE,„y m�j�•►n �n� CN►C e;POR QGx b,Qr; SEA be-tit Clerk _�: L INCORPORATED;.' 4110�\0 1 111111111111111111111N Page 8 of 8 Page 280 of 702 • EXHIBIT A Town of Davie Contract Renewal This contract renewal by and between the Contractor and the Town of Davie defined below shall be effective as of the date this Contract Renewal is fully executed. To the extent the contract requires the Town to issue a Notice of Contract Renewal for purposes of exercising the renewal option, this written document shall serve as such Notice of Contract Renewal. Town Department: Budget & Finance Solicitation Type: Formal Solicitation i Town Contract #: ITB-RM-21-98 Scrap Metal Recycling - Coop REVENUE Lead Agency Name: Lead Agency Solicitation #: Town of Davie ITB-RM-21-98 Lead Agency Solicitation Title Name: Scrap Metal Recycling - Coop REVENUE Lead Agency Contract Award Date: 01/02/2022 Town Award Resolutions #: 2021-331 Current Contract Term: 01/02/22-01/01/2023 Annual Contract Amount: N/A-Revenue Company Name:SA Recycling, LLC 1610 N Powerline Rd Address: Pompano Beach, FL 33069 Company Contact Person: Steve Weinberg, Sr. Regional Buyer-Commercial\Industrial Phone #: (954) 972-1 1 1 1 Email: seinberg@sarecycling.com Description of Services: Scrap metal recycling, disposal, and a-scrap recycling services on an as-needed basis for various departments and projects. This contract is open for use to all Southeast Florida Governmental Purchasing Cooperative Group agencies. Reason For Renewal: There is an option to renew the contract for two (2) additional two (2) year periods. The first renewal option is being used. L Qnalm Revised: 9.23.21 WHEREAS, the Contract is in effect through the Current Contract Term as defined above; and NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: 1 .) CONTRACT RENEWAL/EXTENSION: The parties hereby agree that the contract will be renewed/extended for an additional period of time as follows: Beginning Date of New 01 /02/2023 End Date of New 01 /01 /2025 Contract Term: Contract Term: The parties agree the contract will expire at midnight on the date defined as the "End Date of the New Contract Term" unless the parties agree to renew/extend the contract for an additional period of time. 2.) SUCCESSORS AND ASSIGNS: This Contract Renewal shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties hereto. 3.) ENTIRE AGREEMENT: Except as expressly modified by this Contract Renewal, the contract shall be and remain in full force and effect in accordance with its terms and shall constitute the legal, valid, binding and enforceable obligations to the parties. This Contract Renewal and the contract (including any written amendments thereto), collectively, are the complete agreement of the parties and supersede any prior agreements or representations, whether oral or written, with respect thereto. IN WITNESS WHEREOF, the parties have caused this Contract Renewal to be duly executed by their authorized representatives. (Continued on the next page) 2 Revised: 9.23.21 Agenda Item #10. Contr ,ctor, Name and Title of Person Signing Auth rized. Lure Date T wn of bavie De art.ment Dir'ector ar Designee Name and Ti a of erson SigningAuthorized Signature Date William Ackerman, Budget and Fin. Dir. William Ackerman Date: 0221signed3007:4 slam 5'00' an 11/30/22 Date:2022.1 130 07:49:50-OS'00' Town of Davie Procurement Manager or Designee Name and Title of Person Signing Authorized Signature Date Digitally signed by Brian K. Brian K. O'Connor O'Connor Date:2022.11.30 09:00:21-05'00' Town of Davie Town Administrator or Designee Name and Title of Person Si nin Authorized Signature Date Richard J. Digital ly signed by Richard J.Lemack Lemack Date:2022.12.0912:45:00 -05'00' I 3 R$y A:28'0 702 Agenda Item #10. RESOLUTION NO. R 2021-331 A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FROM SA RECYCLING LLC IN ACCORDANCE WITH ITB 4RM-21-98 SCRAP METAL RECYCLING — COOPERATIVE REVENUE CONTRACT ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Davie is in need of scrap metal recycling, disposal, and e-scrap recycling services on an as-needed basis for various departments and projects; WHEREAS, recognizing similar need amongst other member cities of the Southeast Florida Governmental Purchasing Cooperative Group the Town issued a cooperative bid on behalf of said participating cities; WHEREAS, one firm responded to ITB #RM-21-98 with SA Recycling LLC offering the highest overall percentage of AMM index for the various metals, including e-scrap; WHEREAS, after review, the Town Council wishes to accept the bid from the responsive and responsible bidder offering the highest overall index percentage; and WHEREAS, the contract term is one (1) year, starting on January 02, 2022, with the option to renew the contract for two (2) additional two (2) year periods to be handled administratively. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE THAT: Section 1. Legislative Findings/Recitals. The above recitals are hereby adopted by the Town of Davie as its legislative findings relative to the subjects and matters set forth in this Resolution. Section 2. The Town Council of the Town of Davie does hereby accept the bid from SA Recycling LLC. Section 3. The contract terrn is one(1)year, starting on January 02, 2022, with the option to renew the contract for two (2) additional two (2) year periods to be handled administratively; and Page 284 of 702 Agenda Item #10. Section 4. Cone of Silence. Upon approval of the Mayor and Council,pursuant to Town Code Section No. 2-320,the Cone of Silence is hereby terminated. Section 5. Conflict. All resolutions or parks of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. Section 6. Severability. if any provision of this Resolution or the application thereof to any person or circumstance is held invalid, it is the intent of the Town Council that such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application and, to this end, the provisions of this Resolution are declared severable. Section 7. Effective Date. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 17"DAY OF NOVEMBER, 2021. A ST: qav (?att� T6WN CLERK MAY COUVCILMEMBER APPROVED THIS 17"'DAY OF NOVEMBER, 2021. Approved as to form and legality: TOWN ATTORNEY R 2021-331 Page 285 of 702 - . • I milli' Town of Davie Procurement Authorization Form Department: Budget & Finance Name: Brian K. O'Connor Phone #:954-797- 1016 Item Description (include what the item is used for, reason for bidding, expiration date of existing contract, etc.) Disposal and recycling of scrap metal material on an as-needed basis at various locations throughout the Town and participating agencies of the Southeast Florida Governmental Purchasing Cooperative Group. The Town of Davie is the lead agency for this solicitation. • . • • IrIT.TWOR• Open Competitive Bidding Vendor (If no vendor use Vendor #9924 Out to Bid): ITB# Vendor #: Name: Account #1: N/A-Revenue Contract Amount #1: $ 0.00 RM-21 -98 Account #2: Amount #2: $ 0.00 Account #3: Amount #3: $ 0.00 Estimated Budgeted Amount: $ 0.00 or ❑ Dependent on usage within established budget. 1. Advertisement Period:21 days All bids need to be advertised a minimum of 12 days and typically do not exceed 30 days 2. Project Location: N/A 3. Is this project Grant related? I YES IVINO 4. Substantial Completion of project shall be in N/A calendar days after Notice to Proceed. Final Completion of project shall be in N/A calendar days after Substantial Completion. 5. Do you want to require Liquidated Damages? YES ✓ NO 6. List Special Licenses/Certifications vendors are required to have: N/A 7. Do you want a Pre-Bid Meeting?17YES ❑NO If yes, do you want it to YES ❑✓ NO be Mandatory? Page 1 of 2 Purchasing Division— 6591 Orange Drive Davie, FL 3331 4— Tel: 954-797-10I6 E-mail:purchasing@d vie- .g v Revised: 8.5.21 1 8. Do you want a Site Visit? YES NO 9. Is there an Outside Entity assisting with YES ❑✓ NO this bid (ex: Architect, Engineer, Consultant)? 10. Are there Plans associated with YES ❑� NO this bid? (Purchasing will need an electronic copy) 11. Are bonds required for this solicitation? YES F,/]NO What kind of bond is required? 12. Does this bid work in conjunction with or will YES �NO it impact any other Department? (Example: Is this request IT related?) The listed Department Director(s) will also need to review the specifications and sign in the additional areas provided below. 13. Project/Contract Manager (In-House): Name: Brian K. O'Connor Phone #: 954-797-1016 Fax #:954-797-1049 14. Suggested Review Committee Members (For RFPs Only!): N/A 15. Vendor(s) to send packet to (Email Addresses are Required): sweinberg@sarecycling.com; jtrentadue@lglrecycling.com; americanscrap3@gmail.com; info@deltascrapmetal.com; powerlinescrap@att.net; SANDY@DANIASCRAP.COM; ebailly@glescrap.com 16. Has this type of solicitation been done before? YES Bid/RFP/RFQ Number: ITB-CS-19-11 17. Does the Award of this solicitation need to be approved by another body Yes ✓ No (FDOT, LAP, and CDBG ect.) before submitting the item for Town Council approval? IF William Ackerman Department Director Approval: 2021.09.23 08:54:59-04'00' Date: 9/23/2021 Digitally signed by Brian O'Connor Procurement Manager Approval: Brian O'Connor Date:2021.09.2308:49:13-04'00' Date: Budget & Finance Approval: Date: Town Administrator Approval: Digitally signed by RichardJ. Date: Richard J. Lemack Lemack Page 2 of 2 Purchasing Division— 6591 Orange Drive Davie, FL 3331 4— Tel: 954-797-1016 E-mail:purchasing@ v' - Revised: 8.5.21 2 Agenda Item #10. SUN-SENTINEL Sold To: Town of Davie-CU00107157 6591 Orange Drive Davie,FL 33314 Bill To: Town of Davie-CU00107157 6591 Orange Drive Davie,FL 33314 Published Daily Fort Lauderdale,Broward County,Florida Boca Raton,Palm Beach County,Florida Miami,Miami-Dade County,Florida State Of Illinois County Of Cook Before the undersigned authority personally appeared Jeremy Cates,who on oath says that he or she is a duly authorized representative of the SUN-SENTINEL,a DAILY newspaper published in BROWARD/PALM BEACH/M1AM1-DADE County,Florida;that the attached copy of advertisement,being a Legal Notice in: The matter of 11745-Other Le-al Notices,Town of Davie Was published in said newspaper in the issues of;Sep 11,2021 Affiant further says that the said SUN-SENTINEL is a newspaper published in said BROWARD/PALM BEACH/MIAMI-DADE County, Florida,and that the said newspaper has heretofore been continuously published in said BROWARD/PALM BEACH/MIAMI-DADE County, Florida,each day and has been entered as second class matter at the post office in BROWARD County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised,any person,firm or corporation,any discount,rebate,commission or refund,for the purpose of securing this advertisement for publication in the said newspaper. let_ * Signature of Affiant Sworn to and subscribed before me this: October 28,2021. Signature of Notary Public BFiJ W AN KOLASA OF--ICIAL SEAL td*tary flu blic,State*I IIe'IJnda MY Cornmiss;on E3ip;da■ November M 2024 Name of Notary,Typed,Printed,or Stamped Personally Known(X)or Produced Identification( ) Affidavit Delivery Method:U.S.Mail Affidavit Email Address: 7037399 Page 288 of 702 Agenda Item #10. SUN-SENTINEL IT13 RM-21-98 TOWN OF DAVIE ITB NO. RM-21-98 INVITA- TION TO BID Scrap Metal RecyrCling- Coop REVENUE Dear Potential Bidder: The Town of Davie. Florida invites quali- fied contractors to submit resl)onses in accordance with the requirements stated herein no later than 02'.00 PM EST on Thursday September 30, 2021,for ITB NO.R M-21-98 S crap Metal ReC yTl ing— COop Revenue. Interested firms may secure the solicitation package and all other pertinent information by visiting http:1,www.dav!e-tl.gov/bids or at De- mandStar.com. Pursuant to Town Code Section No. 2-320 and section 1.50 of the terms and conditions,a Cone of Silence is hereby imposed on this solicitation.The cone shall be in effect until such time of award by the Town Administrator or the Town Mayo rand Council. A Non-Mandatory Pre-Biel Conference will be held on Thursday,September 16,2021 at 10'00 AM EST via conference call or via online meeting. Meeting Information Meeting link:httpa,l/daviepurchasing. wel)ex.com/cl aviep u rcha s ing,,j.p h p?MT ID -m6739956b8c76fOc4c3554930ac6be5a8 Meeting number: 2347 273 9830 Password: NAgp2fJY2b3 More ways to join Join byvideo system Dia 1234727398300daviepurchasing. webex.com You can also dial 173.243.2.68 and enter your meeting number.Join by phone +1-408-418-9388 United States TollAc- cess code: 2347 273 9830 Questions regarding this solicitation shall be submitted in writing to bidsodavie-fl. gov no later than 5m PM on September 22, 2021.Responses to those questions considered material to the solicitation will be made available as formal addenda to the Towns Procurement website and [:emandStar.com. It is the responsibility of prospective bidders to ensure they are aware of all addenda issued relative to this solicitation. Bidders shall submit all bid documents electronically through wwwclernandstar. corn.A full instructional guide on how to submit documents will be included with this solicitation.The Town will maintain documentation on its Own webslte at www.davie-f I.gov;'41 1/Procu re ment for general public information and posting requirements.Late submissions shall not be accepted. Page 289 of 702 Agenda Item #10. SUN-SENTINEL Bid responses will I)e publicly opened and firm names read aloud In the Town Hall Council Charflbers,6591 orange Drive, Davie,FL 33314,after the due dateitime noted above. Reclu ire nients iin relation to the COVID-19 Pandemic): Inform guard upon entry cf attendance to this meeting * The Town of Davie Is recluir- ing all visitors to Its Indoor facilities to wear a mask.The rule applies to all indi- viduals regardless of vaccination status. Members of the public may still attend virtually by phone or online. Please see below for virtual meeting information: Meeting information Meeting link:https:iidaviepurchasing. webex.com;'d aviep u rcha s ingij.p h p?MT ID -m07fcb68d e3 330069a 5cc360afl)4fb7 52 Meeting number: 2334 371 0649 Password: 6P3Cubmig33 More ways to join Join byvideo system Dial 23343710649(adaviapurchasing. Webex.com You can also dial 173.243.2.68 and enter your meeting number.Join by phone +1-408-418-9388 United States Toll Ac- cess code: 2334 3710649 The selection of the successful bidderr,$) shall be at the Town's discretion and shall be made in a prompt manner after the re- ceipt and evaluation of all ITB responses. The Town of Davie reserves the right to reject any and all submissions,to waive any and III irregularities in any su bm is- sion,a n d to ma ke awa rds i n the best i nterest of th e Town. Persons with disabilities requiring accom- modations in order to participate should contact the Town Clerk at 954-797-1023 at least forty-eight f48,,hours prior to the meeting to request such accommodation. If you are hearing or speech impaired, please contact the Florida Relay Service by using the following numbers: 1-800- 955-8770 (voice)or 1-800-955-8771 (TDD). Brian K. O'Connor Procurement Manager Town of Davie Pursuant to Florida Statutes 119.071, sealed bids, proposals or replies by an agency pursuant to a competitive solicita- ti0n are exenlptfrom Inspection until such time as the agency provides notice of an Intended decision or until thirty (30)dWs after the opening of the 1)idsa proposals,orfinaI replies;whichever is earlier. Pursuant to Florida Statute§ 286.0105,if a person decides to appeal any decision made by this board,agency;committee, or council with respect to anymatter Page 290 of 702 considered at such meeting or hearing" Agenda Item #10. SUN-SENTINEL he or she wiII need a record of the pro- ceedings. For such purpose he or she will need to ensure that a verbatim record of the proceeding is nmde..which record in- cludes the testirnony and evidence upon which the appeal is to be based. 9r111217037399 Order#-7037399 Page 291 of 702 EKgeWfflgj1aeport Agency Name Town of Davie Bid Number Bid-ITB# RM-21-98-0-2021/RMO Bid Name Scrap Metal Recycling - Coop REVENUE Bid Due Date 09/30/2021 14:00:00 Eastern Bid Opening Closed 1 responses found. online J offline •not submitting, not received company Responded Address Bid Amount Alt Bid Amount Declared Attributes Documents Sent Complete E 1 . SA Recycling 09/29/2021 12:11:09 Eastern 1610 N. Powerline Rd., $0.0000 0.0000 Complete Bid Package w/ Pompano Beach, FL, 33069 required forms ' NOTE: THE BID AMOUNTS HAVE NOT BEEN CHECKED, AND BID TOTALS ARE SUBJECT TO VERIFICATION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED.THIS IS ONLY A FINANCIAL RANKING OF ALL THE BIDS RECEIVED. THE USING DEPARTMENT ISRESPONSIBLE FOR REVIEWING THE BIDS FOR COMPLIANCE WITH ALL THE BID SPECIFICATIONS PRIOR TO SUBMITTAL OF LETTER OF RECOMMENDATION Page 292 of 702 Age I4mm,910. ITB# RM-21-98 Scrap Metal Recycling - Coop REVENUE Bid Opening Date: Purchasing Division Tabulation Septebmer 30, 2021 at 2:00pm SA Recycling Bid Price Per Indicate any (/of AMM additional Item Index percentage for No. Description published Agency hauling of price paid to scrap to recycling Town) yard 1 Ferrous Metal 80%ton 2 Copper 108%lb 3 Aluminum 105%lb 4 Stainless Steel 75%lb NO CHANGE IN %per 5 Brass(clean) 100%lb 6 Brass(unclean) 80 %lb 7 Lead 70%lb E-SCRAP SERVICES(OPTIONAL) SA Recycling Bid Price Per(%of AMM Index published Item Indicate any items NOT Description price paid to No. Accepted by Firm Town) "Pick Ups" 1 Towers(complete PC) 0.12%lb 2 Hard Drives(w\boards) 0.40%lb 3 Laptops 0.30%lb 4 High Grade Server\Telecom boards 1.00%lb 5 Med.Grade boards 0.50%lb NOTE from Vendor:AMM 6 Low grade boards 0.10%lb does not track e-scrap, it is calculated per pound 7 Power Supplies(internal) 0.15%lb 8 UPS back up(external) 0.12%lb 9 Mouse\Keyboard NO VALUE %lb 10 Printers NO VALUE %lb Page 293 of 702 Town of Davie Notice of Intent: Award Solicitation #:ITB-RM-21-98 Date:October20, 2021 Item/Service:Scrap Metal Recycling Coop REVENUE Awarded To:SA Recycling, LLC Attached are apparent low bid(s) and a tabulation for subject items/services requisitioned by your department. Please complete the applicable portions of this form in order that proper presentation and recommendations may be made. Please return this form to the Purchasing Division as soon as possible. Procurement Comments: The Town received one (1) bid response. Which bids do you recommend? SA Recycling, LLC Does this meet the specifications as per our request and as advertised? ✓ Yes No Is the recommendation the lowest bid received? ✓ Yes No List the bids that are low but which you believe DO NOT meet specifications and list reasons why each does not meet specifications; please attach a memorandum of explanation to this form if necessary. Procurement Action/Recommendations: The Procurement Division has reviewed the bid response and recommends award to SA Recycling, LLC. L7Department Director William Ackerman esi nee Signature:2021.10.20 16:10:42 -04'00' Date: urement Manager Signature: Brian O'Connor DateaI2021 10 20 15ria 9 O'Connor Date: Revised 4.29.2021 Agenda Item #10. ITB# RM-21-98 Company Submitting Bid INVITATION TO BID ITB NO. RM -21 -98 TITLE Scrap Metal Recycling -Coop REVENUE AVAILABLE Wednesday,September 08,2021 NON-MANDATORY Thursday,September 16,2021 at 10:00 AM EST PRE-BID CONFERENCE Meeting Information Meeting link: https://daviepurchasing.webex.com/daviepurchasing/m.php?MTI D=m6739956b8c76f Oc4c3554930ac6be5a8 Meeting number: 2347 273 9830 Password: NAgp2fJY2b3 More ways to join Join by video system Dial 23472739830(cDdaviepurchasing.webex.com You can also dial 173.243.2.68 and enter your meeting number. Join by phone +1-408-418-9388 United States Toll Access code: 2347 273 9830 DUE DATE 02:00 PM EST on Thursday,September 30,2021 SUBMIT TO DEMANDSTAR BONDS N/A Download Bid Information for Free at: https://www.davie-fl.gov/bids Town of Davie Supplier Central: https://www.davie-fl.aov/877/Supplier-Central Page 295 of 702 Agenda Item #10. ITB# RM-21-98 TOWN OF DAVIE ITB NO.RM-21-98 ' INVITATION TO BID T u Scrap Metal Recycling-Coop REVENUEf Dear Potential Bidder: The Town of Davie,Florida invites qualified contractors to submit responses in accordance with the requirements stated herein no later than 02:00 PM EST on Thursday,September 30,2021,for ITB NO.RM-21-98 Scrap Metal Recycling—Coop Revenue.Interested firms may secure the solicitation package and all other pertinent information by visiting http://www.davie-fl.gov/bids or at DemandStar.com. Pursuant to Town Code Section No.2-320 and section 1.50 of the terms and conditions,a Cone of Silence is hereby imposed on this solicitation. The cone shall be in effect until such time of award by the Town Administrator or the Town Mayor and Council. A Non-Mandatory Pre-Bid Conference will be held on Thursday,September 16,2021 at 10:00 AM EST via conference call or via online meeting. Meeting Information Meeting link: https://daviepurchasing.webex.com/daviepurchasing/j.Dhp?MTI D=m6739956b8c76fOc4c3554930ac6be5a8 Meeting number: 2347 273 9830 Password: NAgp2fJY2b3 More ways to join Join by video system Dial 23472739830(cDd avie pu rchasi n g.webex.com You can also dial 173.243.2.68 and enter your meeting number. Join by phone +1-408-418-9388 United States Toll Access code:2347 273 9830 Questions regarding this solicitation shall be submitted in writing to bids(c)davie-fl.ciov no later than 5:00 PM on September 22,2021. Responses to those questions considered material to the solicitation will be made available as formal addenda to the Town's Procurement website and DemandStar.com.It is the responsibility of prospective bidders to ensure they are aware of all addenda issued relative to this solicitation. Bidders shall submit all bid documents electronically through www.demandstar.com.A full instructional guide on how to submit documents will be included with this solicitation.The Town will maintain documentation on its own website at www.davie-fl.gov/411/Procurement for general public information and posting requirements.Late submissions shall not be accepted. Bid responses will be publicly opened and firm names read aloud in the Town Hall Council Chambers,6591 Orange Drive,Davie,FL 33314,after the due date/time noted above. Requirements(in relation to the COVID-19 Pandemic): • Inform guard upon entry of attendance to this meeting • The Town of Davie is requiring all visitors to its indoor facilities to wear a mask.The rule applies to all individuals regardless of vaccination status. Members of the public may still attend virtually by phone or online.Please see below for virtual meeting information: Meeting Information Meeting link: https://daviepurchasi ng.webex.com/daviepurchasing/i.php?MTI D=mD7fcb68de3330069a5rc360afb4fb752 Meeting number: 2334 371 0649 Password: 6P3Gubmig33 More ways to join Join by video system Dial 23343710649(a).daviep u rchasi ng.webex.com You can also dial 173.243.2.68 and enter your meeting number. Join by phone +1-408-418-9388 United States Toll Access code:2334 371 0649 The selection of the successful bidder(s)shall be at the Town's discretion and shall be made in a prompt manner after the receipt and evaluation of all ITB responses. The Town of Davie reserves the right to reject any and all submissions,to waive any and all irregularities in any submission,and to make awards in the best interest of the Town. Persons with disabilities requiring accommodations in order to participate should contact the Town Clerk at 954-797-1023 at least forty-eight(48)hours prior to the meeting to request such accommodation. If you are hearing or speech impaired,please contact the Florida Relay Service by using the following numbers: 1-800-955- 8770(voice)or 1-800-955-8771(TDD). Brian K. � O'Connor r Procurement Manager Town of Davie Pursuant to Florida Statutes 119.071,sealed bids,proposals or replies by an agency pursuant to a competitive solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or until thirty(30)days after the opening of the bids,proposals,or final replies,whichever is earlier. Pursuant.to Florida Statute§286.0105,if a person decides to appeal any decision made by this board,agency,committee,or council with respect to any matter considered at such meeting or hearing,he or she will need a record of the proceedings.For such purpose he or she will need to ensure that a verbatim record of the proceeding is made,which record includes the testimony and evidence upon which the appeal is to be based. Page 296 of 702 Agenda Item #10. ITB# RM-21-98 SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP i TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative Group. For the past several years,approximately forty-five(45)government entities have participated in Cooperative Purchasing in Southeast Florida.The Southeast Florida Governmental Purchasing Cooperative Group was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common,basic items. The Government Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasing Cooperative Group Procurement Operational Procedures: • All questions concerning this procurement should be addressed to the issuing agency,hereinafter referred to as the"lead agency".All responses are to be returned in accordance with the instructions contained in the attached document.Any difficulty with participating agencies referenced in this award must be brought to the attention of the lead agency. • Each participating governmental entity will be responsible for awarding the contract,issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract,and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will,in fact,be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • The Contractor(s)shall furnish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative Group are strictly prohibited from utilizing any contract or purchase order resulting from this bid award. However, other Southeast Florida Governmental Purchasing Cooperative Group members may participate in this contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency.New Southeast Florida Governmental Purchasing Cooperative Group members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s)as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP Page 297 of 702 Agenda Item #10. ITB# RM-21-98 TABLE OF CONTENTS SOLICITATION SECTIONS PAGE SECTION 1.0 General Terms and Conditions 5 SECTION 2.0 Insurance Requirements 32 SECTION 3.0 Special Conditions 35 SECTION 4.0 Specifications 39 SECTION 5.0 Bid Form 42 SECTION 6.0 Required Forms and Vendor Registration Form 45 • Demandstar Sign Up Attached • Demandstar E-Bidding Instructions • Conference Call/Online Meeting Instructions Page 298 of 702 Agenda Item #10. ITB# RM-21-98 SECTION 1 .0 GENERAL agreed consideration. Contract Documents: The Instructions to TERMS AND CONDITIONS Bidders, Bid Form, Bid Bond, Contract, Performance Bond, Payment Bond, General Conditions, Special Provisions, 1.1 DEFINITIONS Supplemental Provisions, Technical Specifications and Plans, together with all When used in Contract Documents (defined Addenda, Change Orders, Schedules and below) or in related documents, the following Shop Drawings. terms shall have the meanings given below: Contract Administrator: Town of Davie Addendum: A modification of the Plans, Town Administrator or his designee or duly Specifications or other Contract authorized representative designated to Documents distributed to prospective manage the Contract. Bidders prior to the opening of Bids. Contractor: The individual, firm, Advertisement for Bids:The public notice partnership, corporation or joint venture inviting the submission of Bids for the work. whose Bid is accepted and who enters into a Contract with the Town of Davie and who Bid:The written offer of a Bidder to perform is liable for the acceptable performance of the work or service. the work and for the payment of all legal debts pertaining to the Work. Bid Bond: A bond executed by a Bidder and its Surety in the attached form Contract Date: The date on which the guaranteeing that the Bidder, if awarded Agreement is effective. the Contract will execute the same and will timely furnish the required Performance Contract Time: The number of days Bond, Payment Bond, and evidence of allowed for completion of the work. The Insurance. Contract Time will be stipulated in the Bid Form,unless extended by a Change Order. Bidder: Any individual, firm, partnership or All contract time shall be measured in corporation submitting a Bid in accordance calendar days. with the Instructions to Bidders. Town: The Town of Davie, a municipal Bid Documents: Bid Guarantee or bid corporation and political subdivision of the deposit. The Advertisement for Bids, State of Florida, incorporated within Instructions to Bidders,Bid Form,Bid Bond, Broward County, Florida, whose governing Contract, Performance Bond, Payment body is a Town Council consisting of a Bond, General Conditions, Special Mayor,Vice Mayor and three Town Council Provisions, Technical Specifications and members. As used hereunder,the Town is Plans, together with all Addenda. the Town of Davie, including its districts, boards, authorities, separate units of Bid Form: The form on which Bids are government established by law, ordinance submitted. or resolution, partners, elected and non- elected officials, employees, agents and Calendar Day: Every day shown on the volunteers. calendar. Community Redevelopment Agency Change Order: A written agreement (CRA): The Town of Davie Community executed by the Town, the Contractor and Redevelopment Agency, which is created the Contractor's Surety, covering pursuant to Florida Chapter 163, Part III. modifications to the Contract recommended by the Project Manager and Town Administrator:The Administrator of approved by the Town Administrator and/or the Town of Davie, Florida. Town Council. Executive Director: The Executive Contract: The written agreement between Director of the Davie Community the Town and the Contractor for Redevelopment Agency. performance of the Work in accordance with the requirements of the Contract Days: Reference made to Days shall mean Documents and for the payment of the consecutive calendar days. 5 Page 299 of 702 Agenda Item #10. ITB# RM-21-98 Project. Deliverables: All documentation and any items of any nature submitted by the Scope of Service: Document which details Contractor to the Towns Project Manager the work to be performed by the Contractor. for review and approval in writing pursuant to the terms of the Agreement. Subcontractor or Sub consultant: Any person, entity, firm or corporation, other Lessee: Any individual, partnership or than the employees of the Contractor, who corporation having a tenant relationship furnishes labor and/or materials, in with the Town of Davie. connection with the Work, whether directly or indirectly, on behalf of and/or under the Liquidated Damages:The amount that the direction of the Contractor and whether or Contractor accepts, as stipulated in the Bid not in privity of Contract with the Contractor. Form, which will be deducted from the Contract Sum for each Calendar day of The words "Work", "Services", delay due to a Non-excusable Delay to be "Program", or "Project": All matters and determined by the Town's Contract things required to be done by the Manager. Contractor in accordance with the provisions of the Contract. Notice To Proceed (NTP): The written communication issued by the Town to the The words "Directed", "Required", Contractor directing the Contractor to begin "Permitted", "Ordered", "Designated", contract work and establishing the date of "Selected","Prescribed",or words of like commencement of the work. import to mean respectively, the direction, requirement, permission, order, Owner: The term Owner as used in this designation, selection or prescription of the Contract shall mean the Town of Davie. Town's Project Manager or; and similarly the words "approved", acceptable", Performance and Payment Bonds: "satisfactory", "equal", "necessary", or Bonds executed by the Contractor and his words of like import to mean respectively, Surety,on the attached forms,assuring that approved by, or acceptable or satisfactory the Contractor will, in good faith, perform to, equal or necessary in the opinion of the and guarantee the work in full conformity Town's Project o Manager. In resolving with the terms of the Contract Documents disputes and in all respects the Town and will promptly pay all persons supplying Administrator's decision shall be final. the Contractor with labor, materials, or supplies, used directly or indirectly by the 1.2 VENDOR NOTIFICATION Contractor in the prosecution of the Work. It is the policy of the Town to encourage full and Plans: The drawings or reproductions open competition among all available qualified thereof, prepared and sealed by the vendors. All vendors regularly engaged in the Architect/Engineer, which show the type of work specified in the Bid Solicitation are locations, character, dimensions and encouraged to submit bids. Vendors may enroll details of the work to be done and which are with the Town to be included on an email list for part of the Contract Documents. goods and services which can be found at hftps://www.davie-fl.gov/1ist.asp Project: The construction and services required by the Contract Documents,which 1.3 LOCAL PREFERENCE includes all labor, materials, equipment, and services to be provided by the N/A Contractor to fulfill the Contractor's obligations. Project Cost: The sum of the construction 1.4 BIDDERS RESPONSIBILITIES costs, allowances for contingencies, the total cost of design professional and related Bidders are required to submit their proposals services provided by consultant, and upon the following express conditions: allowances for such other items as charges of all other professionals and consultants. A. Bidders shall thoroughly examine the drawings, specifications, schedules, Project Manager: The duly authorized instructions and all other contract representative designated to manage the documents. 6 Page 300 of 702 Agenda Item #10. ITB# RM-21-98 no sales tax. B. Bidders shall make all investigations necessary to thoroughly inform 1.6 DESCRIPTION OF SUPPLIES themselves regarding the site and facilities for delivery of material and A. Any manufacturer's names, trade equipment as required by the bid names, brand names, or catalog conditions. No plea of ignorance,by the numbers used in these applications are bidder, of conditions that exist or that for the purpose of describing and may hereafter exist as a result of failure establishing minimum requirements or or omission on the part of the bidder to level of quality, standards of make the necessary examinations and performance, and design required, and investigations, or failure to fulfill in every are in no way intended to prohibit the detail the requirements of the contract bidding of other manufacturers'items of documents, will be accepted as a basis equal material, unless specifications for varying the requirements of the Town state"NO SUBSTITUTIONS." or the compensation due the bidder. B. Bidders must indicate any variances to C. Bidders are advised that all Town the specifications, terms, and contracts are subject to all legal conditions, no matter how slight. If requirements provided for in the Town of variations are not stated in the Proposal, Davie Procurement Code and it shall be construed that the bid fully applicable County Ordinances, State complies with the Specifications, Terms Statutes and Federal Statutes. and Conditions. 1.5 PREPARATION OF BIDS C. Bidders are required to state exactly what they intend to furnish; otherwise Bids will be prepared in accordance with the they shall be required to furnish the following: items as specified. A. Our enclosed Bid Proposal Form is to be D. Bidders will submit, with their proposal, used in submitting your bid. NO OTHER necessary data (factory information FORM WILL BE ACCEPTED. sheets, specifications, brochures, etc.) to evaluate and determine the quality of B. All information required by the bid form the item(s)they are bidding. shall be furnished. The bidder shall sign each continuation sheet (where E. The Town shall be the sole judge of indicated)on which an entry is made. equality and its decision shall be final. C. Unit prices shall be shown and where 1.7 SUBMISSION OF BIDS there is an error in extension of prices, the unit price shall govern. A. Bidders shall submit all bid documents electronically through D. Alternate bids will not be considered www.demandstar.com. A full unless authorized in the Invitation to Bid instructional guide on how to submit document. documents will be included with this solicitation. Late submissions shall not E. Proposed delivery time must be shown be accepted. in calendar days, which shall include weekends and holidays. B. The Town will maintain documentation on its own website at https://www.davie- The Town of Davie is exempt from payment fl.gov/411/Procurement for general to its vendors of State of Florida sales tax public information and posting and, therefore, such taxes should not be requirements. figured into the bid. However,this exemption does not transmit to suppliers to the Town in C. Bidders requesting a copy of the bid their (supplier) purchases of goods or tabulation will find this information services, used in work or goods supplied to through www.demandstar.com or on the the Town. Contractors are responsible for Town's website at https://www.davie- any taxes,sales or otherwise,levied on their fl.gov/411/Procurement. purchases, subcontracts, employment, etc. An exemption certificate will be signed where 1.8 ADDENDA applicable, upon request. The Town will pay 7 Page 301 of 702 Agenda Item #10. ITB# RM-21-98 The Procurement Division may issue an the General Terms and Conditions. addendum in response to any inquiry received, prior to Bid opening, which changes, adds to or 1.13 CLARIFICATION OR OBJECTION TO BID clarifies the terms, provisions or requirements of SPECIFICATIONS the solicitation. The Bidder may not rely on any representation, statement or explanation, If any person contemplating submitting a bid for whether written or verbal, other than those made this contract is in doubt as to the true meaning of in this Bid solicitation document or in any the specifications or other bid documents or any addenda issued. Where there appears to be a part thereof, he/she may submit to the conflict between this Bid solicitation and any Procurement Manager,on or before five(5)days addenda,the last addendum issued shall prevail. prior to scheduled opening, a request for It is the Bidder's responsibility to ensure receipt clarification. All such requests for clarification of all addenda and any accompanying shall be made in writing and the person documents. Bidder(s)shall acknowledge receipt submitting the request will be responsible for its of any formal Addenda by signing the addendum prompt delivery. Any interpretation of the bid, if and including it with their Bid. Failure to include made, will be made only by Addendum duly signed formal Addenda in its Bid shall deem its issued. The Town will not be responsible for any Bid non-responsive provided, however, that the other explanation or interpretation of the Town may waive this requirement in its best proposed bid made or given prior to the award of interest. the contract. Any objection to the specifications and requirements as set forth in this bid must be 1.9 REJECTION OF BIDS filed in writing with the Procurement Manager five (5)days prior to the scheduled opening. The Town reserves the right to reject any or all proposals prior to award. Reasonable efforts will 1.14 INVOICING/PAYMENT be made to either award the contract or reject all proposals within one hundred and twenty (120) All invoices should be sent to: Town of Davie, calendar days after proposals opening date. Finance Department, 6591 Orange Drive, Davie, Florida 33314. In accordance with Florida State 1.10 WITHDRAWAL OF BIDS Statutes, Chapter 218, payment will be made within 45 days after receipt of services and a A. Bids may not be withdrawn and shall be proper invoice. The Town cannot make advance deemed enforceable for a period of 120 payments, make deposits in advance of receipt days after the time set for the bid of goods,or pay C.O.D. Bidders should state any opening. payment discount in the space provided on the proposal form. B. Bids may be withdrawn prior to the time set for the bid opening. Such request 1.15 DISCOUNTS must be in writing. A. Bidders may offer a discount for prompt C. The Town will permanently retain as payment; however,such discounts shall liquidated damages the bid deposit NOT be considered in determining the furnished by any bidder who requests to lowest net cost for bid evaluation withdraw a bid after the bid opening. purposes. Bidders are encouraged to reflect cash discounts in the unit prices 1.11 LATE BIDS OR MODIFICATIONS quoted. Only bids or proposals received as of opening B. In connection with any discount offered, date and time will be considered timely. Bids and time will be computed from the date of modifications received after the time set for the receipt of supplies or services or from bid opening will be rejected as late. the date a correct invoice is received, whichever is the later date. Payment is 1.12 CONFLICTS WITHIN THE BID deemed to be made on the date of SOLICITATION mailing of the check. Where there appears to be a conflict between the 1.16 COMPETENCY OF BIDDERS General Terms and Conditions, Special Conditions, the Technical Specifications, the Bid A. Pre-award inspection of the Bidder's Submittal Section, or any addendum issued, the facility may be made prior to the award order of precedence shall be the last addendum of contract. Bids will be considered only issued, the Bid Submittal Section, the Technical from firms which are regularly engaged Specifications, the Special Conditions, and then in the business of providing the goods 8 Page 302 of 702 Agenda Item #10. ITB# RM-21-98 and/or services as described in this 1.18 EMPLOYEES Bid(s);have a record of performance for a reasonable period of time; and have All employees of the Contractor shall be sufficient financial support, equipment considered to be at all times the sole employees and organization to ensure that they can of the Contractor, under the Contractor's sole satisfactorily deliver the material and/or direction, and not employees or agents of the services if awarded a Contract under the Town of Davie or of the Davie Community terms and conditions herein stated. The Redevelopment Agency. The Contractor shall terms "equipment and organization" as supply competent and physically capable used herein shall be construed to mean employees and the Town is authorized to require a fully equipped and well established the Contractor to remove any employee it deems company in line with the best business careless, incompetent, insubordinate or practices in the industry and as otherwise objectionable and whose presence on determined by the proper authorities of Town property is not in the best interest of the the Town. Town. B. The Town may consider any evidence Each employee at all times shall have and display available to it of the financial, technical in plain view proper identification. The name of and other qualifications and abilities of a the company shall be displayed on the front of the Bidder, including past performance employee's shirt and the name of the company (experience) in making the award in the and employee must be worn on a badge visible best interest of the Town.In all cases the from the front of the employee Town of Davie shall have no liability to any contractor for any costs or expense 1.19 AWARD OF BID incurred in connection with this bid or otherwise. A. The Review Committee or Department will make a recommendation based 1.17 NOTICE REQUIREMENTS UNDER THE upon the lowest responsive and AGREEMENT responsible bidder whose bid conforms to the Invitation for Bids and is most All notices required or permitted under the advantageous to the Town. If lowest fails Agreement shall be in writing and shall be to comply,then the second will be called deemed sufficiently served if delivered by upon,and so on. Registered or Certified Mail, with return receipt requested; or delivered personally; or delivered B. The Town reserves the right to accept via fax or e-mail(if provided below)and followed and award item by item, and/or by with delivery of hard copy; and in any case group, or in the aggregate, unless the addressed as follows: bidder qualifies his bid by specified limitations. C. One or more Contractors may be To the Procurement Division: designated as approved Primary or Brian O'Connor,C.P.M., Procurement Manager Secondary Vendor(s)for the delivery of Procurement Division material and/or services from this 6591 Orange Drive contract through the effective period of Davie, FL 33314 the award. In any situation where Phone: (954)797-1016 Fax: (954)797-1049 obtaining services from the Primary Email: boconnor(@davie-fl.gov Vendor (s) is not in the best interest of the Town, or the vendor cannot deliver To the Contractor material and/or services within 24 hours of date required, or on an emergency Notices will be sent to the contractor at the basis,staff may obtain services from the physical address, e-mail address, and fax Secondary Vendor(s). numbers and to the person listed in the Contractor's proposal, as applicable. D. Successful Bidder shall be notified in writing of award. Either party may at any time designate a different address and/or contact person by giving notice E. Delivery of materials and/or services as provided above to the other party. Such shall be performed upon receipt by notices shall be deemed given upon receipt by successful bidder ofa numbered,signed the addressee. purchase order. 9 Page 303 of 702 Agenda Item #10. ITB# RM-21-98 1.20 BID PROTESTS resolve a protest of an aggrieved bidder,offeror,or contractor,actual or The Town shall provide notice of its intent to prospective, concerning the award or reject to all bidders by posting such solicitation or award of a contract. notice on the Town's website within two (2) (2) Contract claims. The Procurement working days after the posted review committee Manager, after consulting with the meeting. Town Attorney, shall have the authority to resolve contract claims, If a vendor feels that it has been treated unfairly subject to the approval of the Town with regard to the results of a solicitation, or the Administrator or Town Council, as resulting recommendation for award, it may applicable, regarding any settlement protest the Town's action as follows: that will result in a change order or contract modification. (a) Applicability. This section shall apply to (c) Decision. If a protest brought pursuant to protests by bidders and proposers regarding subsection(a)of this section is not resolved claims made by contractors participating in a by mutual agreement, the Procurement Town contract or bidding process and shall only Manager shall promptly issue a decision in apply to protests by bidders or offerors when the writing to the protesting party upholding or Town Procurement Division posts a Notice of denying the protest or staying the award Intent to Award in regards to a purchase in process for further investigation.A copy of excess of the Town's formal competitive the decision shall be mailed or otherwise threshold as established in section 2-321(a) furnished to the protestant or claimant and "Methods of Source Selection", "General"of this any other party intervening. The decision Code. shall state the reasons for the action taken. (1) Protests; right to protest. Any actual or (d) Finality of decision. A decision under prospective bidder, offeror, or contractor subsection (c) of this section shall be final who is aggrieved in connection with the unless within three (3) business days from solicitation or award of a contract may the date of receipt of the decision, the protest to the Procurement Manager.The protestant or claimant files a written appeal protest shall be submitted in writing within with the Town Administrator. seventy-two (72) hours excluding holidays and weekends after such (e) Authority of the Town Administrator.The Town aggrieved person knows or should have Administrator shall have the jurisdiction to known of the facts giving rise thereto or review and determine any appeal by an the posting of the Town's notice of intent aggrieved party from a determination by the to award on the Town's website. Procurement Manager regarding a protest (2) Contract claims.All claims by a contractor or contract claim. Such decision shall be against the Town relating to a contract final and conclusive. shall be submitted in writing to the Procurement Manager. The contractor (f) Protest limitations: may request a conference with the Procurement Manager on a submitted (1) A written protest may not challenge the claim. Claims include, without limitation, relative weight of evaluation criteria or a disputes arising under a contract and formula for assigning points. those based upon breach of contract, mistake, misrepresentation, or other (2)The written protest shall state in detail the cause for contract modification or specific facts and law or ordinance rescission. upon which the protest of the (3) Service of a protest. Service of a protest proposed award is based and shall by mail or courier shall not expand the include all pertinent documents and time frame period allowed for delivery of evidence. a protest. (3)Only a bidder whose bid is timely received and fully complies with all terms and (b) Authority to resolve protests and contract conditions of the bid may protest an claims. award. (1) Protests. The Procurement Manager, (g) Protest bond required. Upon the filing of a after consulting with the Town formal written protest the contractor or Attorney, shall have the authority vendor shall post a bond, payable to the consistent with this Code to settle and Town of Davie, in an amount equal to five 10 Page 304 of 702 Agenda Item #10. ITB# RM-21-98 (5) percent of the total bid or estimated B. Poor performance or default, in the contract amount, or ten thousand dollars Town's opinion, on previous ($10,000.00),whichever is less. In the case contracts with other public entities. of unit cost contracts, discount or percentage-based contracts the full ten C. Insufficient financial or company size, thousand dollars ($10,000) shall be in the Town's opinion, to perform the provided. The bond shall be conditioned requirements of the contract. upon the payment of all costs which may be adjudged against the protesting contractor 1.23 SUBCONTRACTING or vendor in the event the protest is resolved adversely to the protester. An Unless otherwise specified in this Bid Solicitation, irrevocable letter of credit or other form of the successful Bidder shall not subcontract any approved security, payable to the Town,will portion of the work without the prior written be accepted. Failure to submit a bond consent of the Town. The ability to subcontract simultaneously with the formal written may be further limited by the Special Conditions. protest shall invalidate the protest and the Subcontracting without the prior consent of the Town may proceed to award the contract as Town may result in termination of the contract for if the protest had never been filed. default. The Vendor shall cause all subcontractors to accept the terms and (h) Consideration of timely protests. The Town's conditions of the Vendor's agreement with the consideration of a timely written protest Town. shall not necessarily stay the award process, as may be in the best interest of 1.24 ASSIGNMENT the Town. The Procurement Manager, through the Town Administrator, may The successful Bidder shall not assign, transfer, recommend to proceed with the award if hypothecate, or otherwise dispose of this there is a necessity or emergency that will contract, including any rights, title or interest cause loss to the Town if not awarded therein, or its power to execute such contract to immediately. any person, company or corporation without the prior written consent of the Town and Town's (i) Timely submittal of protest or appeal required. approval,which consent Bidder acknowledges is Failure of a party to submit timely a written at the sole discretion of the Town. protest to the Procurement Manager within the time provided in this section shall 1.25 FRAUD AND MISREPRESENTATION constitute a waiver of such party's right to protest pursuant to this section. Any individual, corporation or other entity that attempts to meet its contractual obligations with 0) Costs. Any and all costs incurred by a the Town through fraud, misrepresentation or protesting party in connection with a protest material misstatement, may be debarred from pursuant to this section shall be the sole doing business with the Town. The Town may responsibility of the protesting party. also elect to terminate or cancel any other contracts with such individual, corporation or 1.21 AGREEMENT entity with no penalty to the Town for such termination. Such individual or entity shall be An agreement shall be sent to the awarded responsible for all direct or indirect costs bidder to be signed, witnessed, and returned to associated with termination or cancellation of this the Town for execution, when applicable. The or any other contract with the Town under this Town will provide a copy of the fully executed section, including but not limited to the Town agreement to the awarded bidder. attorney's fees and costs. 1.22 DISQUALIFICATION OF BIDDERS 1.26 COLLUSION A bid may be disqualified temporarily or permanently and rejected by the Town for any The bidder, by affixing a signature to this lawful reason, including but not limited to the proposal, agrees to the following: following reasons: 1.Bidder certifies that his/her bid is made without previous understanding, agreement, or A. Poor performance or default, in the connection with any person, firm or corporation, Town's opinion, on previous making a bid for the same items, or the initiating contracts with the Town. Town department, and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. 11 Page 305 of 702 Agenda Item #10. ITB# RM-21-98 notwithstanding bidders' or proposers' requests 2. Neither the said bidder nor any of its to the contrary, at the time the Town provides officers, partners, owners, agents, notice of a decision or intended decision, or 30 representatives, employees or parties in days after bid or proposal opening, whichever is interest,have in any way colluded,conspired, earlier. connived or agreed,directly or indirectly,with any other bidder, firm, or person to submit a Financial statements submitted in response to a collusive or sham response in connection with request by the Town are confidential,and exempt the work for which the bid has been from disclosure. Data processing software obtained under a licensing agreement which submitted; or to refrain from bidding in prohibits its disclosure is also exempt. connection with such work; or have in any manner, directly or indirectly, sought by Bidders are hereby notified and agree that all person to fix the price or prices in the bid information submitted as part of, or in support response or of any other bidder, or to fix any of bid submittals will be available for public overhead, profit, or cost elements of the bid inspection after opening of bids in compliance price or the bid price of any other bidder,or to with Chapter 119 of the Florida Statutes. If the secure through any collusion, conspiracy, Bidder submits trade secrets, as defined connivance, or unlawful agreement any under the applicable Florida Statutes, the advantage against(Recipient), or any person Bidder shall stamp each page in which the interested in the proposed work; trade secret is listed and clearly mark the information deemed to be a trade secret. The 3. The price or prices quoted in the bid Bidder shall also submit a separate document response are fair and proper and are not listing each page in which a trade secret is tainted by any collusion, conspiracy, listed. Additionally, using the appropriate connivance, or unlawful agreement on the legal analysis, the separate document must part of the bidder or any other of its agents, clearly state why the information marked as a representatives, owners, employees or trade secret is deemed a trade secret parties in interest. pursuant to the applicable Florida Statutes and Florida case law as to be exempt under Chapter 119 of the Florida Statutes. 1.27 REASON FOR NO BID FORM 1.30 CONTRACTOR COMPLIANCE WITH PUBLIC RECORDS LAW If choosing not to bid,please complete and return the enclosed form indicating reason for"No Bid" Contractor agrees to comply with public at this time. records laws. This includes but is not limited to: 1.28 PATENTS AND COPYRIGHTS 1. Keep and maintain public records as It shall be understood and agreed that by the required by the Florida Statutes. submission of a proposal, the bidder, if awarded 2. Upon request from the Town Clerk, a contract, shall save harmless and fully provide the Town of Davie with a copy of indemnify and defend the Town and any of its the requested records or allow the officers or agents from any and all damages that records to be inspected or copied within may, at any time, be imposed or claimed for a reasonable time at a cost that does not infringement of any patent right, trademark, or exceed the cost provided in the copyright,of any person or persons, association, applicable Florida Statutes. or corporation, as the result of the use of such 3. Ensure that public records that are articles by the Town,or any of its officers,agents, exempt or confidential and exempt from or employees,and of which articles the contractor public records disclosure requirements is not the patentee,assignee,licensee,or owner, are not disclosed except as authorized by or lawfully entitled to sell same. law for the duration of the contract term and following completion of the contract 1.29 PUBLIC RECORDS LAW if the contractor does not transfer the records to the public agency. Pursuant to Florida Statute 119.07,public records 4. Upon completion of the contract,transfer, may be inspected and examined by anyone at no cost to the Town all public records desiring to do so, at a reasonable time, under in possession of the contractor or keep reasonable conditions, and under supervision by and maintain public records required by the custodian of the public record. Sealed Bids the Town to perform the service. If the and Proposals become subject to this statute, contractor transfers all public records to 12 Page 306 of 702 Agenda Item #10. ITB# RM-21-98 the Town, upon completion of the and seek civil remedies pursuant to Florida contract,the contractor shall destroy any Statute§287.135. duplicate public records that are exempt or confidential and exempt from public 1.32 REQUEST FOR PROPOSAL records disclosure requirements. If the contractor keeps and maintains public Should these"General Conditions"be used in the records upon completion of the contract, specifications for a Request for Proposal, every the contractor shall meet all applicable reference to a bid shall be and mean the same as requirements for retaining public records. proposal. All records stored electronically must be provided to the Town, upon request from 1.33 EXCEPTIONS TO PROPOSAL the Town Clerk, or his/her designee, in a format that is compatible with the The bidder must clearly indicate any exceptions information technology systems of the it wishes to take to any of the terms in this Town. Proposal, and outline what, if any, alternative is being offered. All exceptions and alternatives If the Contractor has shall be included and clearly delineated, in questions regarding the writing,in the Proposal. The Town,at its sole and absolute discretion, may accept or reject any or application of Chapter 119, all exceptions and alternatives. In cases in which Florida Statutes, to the exceptions and alternatives are rejected, the Town shall require the Bidder to comply with the Contractor's duty to particular term and/or condition of the solicitation pprovide public records to which the Bidder took exception (as said term p and/or condition was originally set forth on the relating to this contract, solicitation.) contact the custodian Of 1.34 INDEMNIFICATION AND HOLD HARMLESS public records at 954-797- AGREEMENT 1000, Evelyn_Roig@Davie The contractor shall indemnify,defend and hold FL.gov, 6591 Orange Drive, harmless the Town of Davie, its officers, employees,volunteers, agents, boards, elected Davie, FL 33314. and appointed officials,instrumentalities and the Davie Community Redevelopment Agency from 1.31 SCRUTINIZED COMPANIES and against any and all liability, losses or damages, including but not limited to attorney's Florida Statute§287.135:Contractor must certify fees and costs, incurred as a result of claims, that the company is not participating in a boycott demands, suits, causes of actions or of Israel. Contractor must also certify that proceedings of any kind or nature arising out of, Contractor is not on the Scrutinized Companies relating to or resulting from the performance of that Boycott Israel list, not on the Scrutinized the agreement by the contractor or its Companies with Activities in Sudan List, and not employees, agents, servants, partners, on the Scrutinized Companies with Activities in principals or subcontractors. The awarded the Iran Petroleum Energy Sector List, or been bidder shall pay all claims and losses in engaged in business operations in Cuba or Syria. connection with this agreement, and shall Contractor must submit the certification that is investigate and defend all claims, suits, or attached to this agreement. Submitting a false actions of any kind or nature in the name of the certification shall be deemed a material breach of Town or the Community Redevelopment contract.The Town shall provide notice,in writing, Agency, where applicable, including appellate to the Contractor of the Town's determination proceedings,and shall pay all costs,judgments, concerning the false certification.The Contractor and attorney's fees which may be incurred shall have ninety (90) days following receipt of thereon. The contractor expressly understands the notice to respond in writing and demonstrate and agrees that any insurance protection that the determination of false certification was required by this contract or otherwise provided made in error. If the Contractor does not by the contractor shall in no way limit the demonstrate that the Town's determination of responsibility to indemnify, defend, keep and false certification was made in error then the save harmless and defend the Town, the Town shall have the right to terminate the contract Community Redevelopment Agency, or its officers, employees, agents, and instrumentalities as herein provided. The above indemnification provisions shall survive the 13 Page 307 of 702 Agenda Item #10. ITB# RM-21-98 expiration or termination of this contract. without such change affecting the contract unit Notwithstanding anything set forth in the price set forth in the proposal form by the bidder. Contract to the contrary,nothing in this Contract shall be deemed as a waiver of immunity or 1.39 DELIVERY,INSPECTION &TITLE limits of liability of the Town beyond any statutory limited waiver of immunity or limits of Prices quoted and deliveries are to be FOB liability which may have been or may be adopted Destination and unloaded, unless otherwise by the Florida Legislature and the cap on the specified in the Invitation for Bids, and made amount and liability of the Town for damages, during regular business hours. Inspection and regardless of the number or nature of claims in acceptance will be destination unless otherwise tort, equity, or Contract, shall not exceed the provided. Title to/or risk of loss or damage to all dollar amount set by the legislature for tort. items shall be the responsibility of the successful Nothing in this Contract shall inure to the benefit bidder until acceptance by the Town unless loss of any third party for the purpose of allowing any or damage results from negligence by the Town. claim against the Town, which claim would If the materials or services supplied to the Town otherwise be barred under the doctrine of are found to be defective or to not conform to sovereign immunity or by operation of law. specifications, the Town reserves the right to cancel the order upon written notice to the 1.35 COPELAND"ANTI-KICKBACK" contractor and return product at bidder's expense. Contractor and all subcontractors shall comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). Contractor agrees 1.40 WARRANTY that no portion of the bid award will be paid to any employees of the Town of Davie, its elected Unless otherwise specified,all items proposed by officials,and/or the contractor's consultants,as a the bidder shall include a warranty covering commission, kickback, reward or gift, directly or services,parts and/or labor for a specified period indirectly by the firm or by an officer of the firm. of time. The bidder shall submit information on both manufacturer and dealer warranties, including proposed term of warranty coverage, 1.36 CONFLICT OF LAW where applicable, with the bid proposal. All goods furnished shall be fully guaranteed by the If and when this contract is disputed, and should successful Bidder against factory defects and it be necessary to litigate, the substantive and workmanship. At no expense to the Town, the procedural laws of the State of Florida shall successful Bidder shall correct any and all govern the outcome of such litigation. This shall apparent and latent defects that may occur within apply notwithstanding such factors which include, the manufacturer's standard warranty. The but are not limited to, place where contract is Special Conditions of the Bid solicitation may entered into,place where accident arises and not supersede the manufacturer's standard warranty. withstanding application of conflicts of law principles. 1.41 CLAIMS 1.37 INTERPRETATION OF THE APPROXIMATE Successful bidder(s) will be responsible for QUANTITIES making any and all claims against carriers for missing or damaged items. The bidder's attention is called to the fact that the estimate of quantities to be furnished under the 1.42 CONTRACT RENEWAL specifications is approximate only and not guaranteed. The Town does not assume any Any contract may be renewed within the responsibility that the final quantities shall remain parameters set forth in solicitation document or in strict accordance with the estimated quantities, negotiated terms. nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities. 1.43 MODIFICATION OF CONTRACT 1.38 QUANTITIES The contract may be modified by mutual consent, in writing through the issuance of a modification The Town specifically reserves the right to accept to the contract, purchase order, change order or all or any part of the bid, to split the award, to award sheet,as appropriate. increase or decrease the quantity to meet additional or reduced requirements of the Town, 1.44 SAFETY DATA SHEET(SDS) 14 Page 308 of 702 Agenda Item #10. ITB# RM-21-98 Under the terms of the Florida Right-to-Know public entity, may not award or perform work as Law(Chapter 442, Florida Statutes),all suppliers a contractor, supplier, subcontractor, or of products deemed to be toxic in substance, as consultant under contract with any public entity, indicated in the State of Florida Substance List, and may not transact business with any public are required to submit a Safety Data Sheet(SDS) entity. for each substance as a condition of the award of the bid by the Town. 1.49 DRUG-FREE WORKPLACE PROGRAM 1.45 CONDITION OF MATERIALS AND IDENTICAL TIE BIDS - Preference shall be PACKAGING given to businesses with drug-free workplace programs. Whenever two or more bids which All equipment, materials, supplies, and are equal with respect to price, quality, and components supplied under this bid must be new service are received by the State or by any and unused, free from defects, and shall be the political subdivision for the procurement of latest manufacturer's models unless otherwise commodities or contractual services, a bid specified. No others will be accepted under the received from a business that certifies that it terms and intent of this bid. All containers shall be new and suitable for storage or shipment,and has implemented a drug-free workplace bid price shall include standard commercial program shall be given preference in the packaging. Any exceptions to this provision shall award process. Established procedures for be detailed on the proposal page under processing tie bids will be followed if none of exceptions to specifications. the tied vendors have a drug-free workplace program. In order to have a drug-free 1.46 SAMPLES workplace program,a business shall: Samples, when required, must be submitted 1. Publish a statement notifying within the time specified at no expense to the employees that the unlawful manufacture, Town. If not destroyed or used up during testing, distribution,dispensing,possession,or use of samples will be returned upon request at the a controlled substance is prohibited in the bidder's expense. Each individual sample must workplace and specifying the actions that will be labeled with bidder's name and be taken against employees for violations of manufacturer's brand name and number. such prohibition. 1.47 PUBLIC ENTITY CRIMES 2. Inform employees about the dangers of drug abuse in the workplace, the A person or affiliate who has been placed on the business's policy of maintaining drug-free convicted vendor list following a conviction for a workplace, any available drug counseling, public entity crime may not submit a bid on a rehabilitation, and employee assistance contract to provide any goods or services to a public entity, may not submit a bid on a contract programs, and the penalties that may be with a public entity for the construction or repair imposed upon employees for drug abuse of a public building or public work,may not submit violations. bids on leases of real property to a public entity, may not be awarded or perform work as a 3. Give each employee engaged in contractor, supplier, subcontractor, or consultant providing the commodities or contractual under a contract with any public entity, and may services that are under bid a copy of the not transact business with any public entity in statement specified in subsection (1). excess of the threshold amount provided in Florida Statutes, Section 287.017, for 4. In the statement specified in CATEGORY TWO for a period of 36 months from subsection (1), notify the employee that,as a the date of being placed on the convicted vendor condition of working on the commodities or list. contractual services that are under bid, the employee will abide by the terms of the 1.48 DISCRIMINATION statement and will notify the employer of any conviction of, or plea of guilty or nolo Any entity or affiliate who has been placed on contendere to,any violation of chapter 893 or the discriminatory vendor list may not submit a of any controlled substance law of the United bid on a contract to provide goods or services to States or any state,for a violation occurring in a public entity, may not submit a bid on a the workplace no later than five (5)days after contract with a public entity for construction or such conviction. repair of a public building or public work, may not submit bids on leases of real property to a 5. Impose a sanction on, or require the 15 Page 309 of 702 Agenda Item #10. ITB# RM-21-98 satisfactory participation in a drug abuse documentation to the Town Administrator and assistance or rehabilitation program if such is /or Town Council. available in the employee's community, by any employee who is so convicted. (d) Permitted communication. (1) The cone of silence shall not apply to 6. Make a good faith effort to continue to written or oral communications with legal maintain a drug-free workplace through counsel for the Town or the Procurement implementation of this section. Division staff for the Town. (2) Nothing contained in this section shall prohibit any person or entity subject to this 1.50 CONE OF SILENCE section from: (a) Prohibited communication. Except as a. Making public presentations at pre-bid set forth in subsection (d), during the course conferences or at a selection or negotiation of a competitive solicitation,a cone of silence meeting related to the competitive selection. shall be in effect between: b. Engaging in contract negotiations with the entity selected to negotiate the terms of the (1)Any person or entity that seeks a contract, agreement or with the Town Council during a contract amendment, award, public meeting. recommendation, or approval related to a c. Making a scheduled public presentation to competitive solicitation or that is subject to the Town Council during any public meeting being evaluated or having its response related to the competitive solicitation. evaluated in connection with a competitive d. Nothing contained in this section shall solicitation, including a person or entity's prohibit a Town Councilmember from initiating representative; and contact with a Vendor or Vendor's Representative and subsequent (2) Any Town Councilmember, the Town communication related thereto for the Administrator or any person or group of purpose of obtaining further information persons appointed or designated by the Town regarding the Competitive Solicitation. Council or the Town Administrator to e. Nothing in this section shall prohibit a Town evaluate, select, or make a recommendation Council, the Town Council office personnel, to the Town Council or the Town and other Town employees from Administrator regarding a competitive communicating with each other except as solicitation, including any member of the prohibited under Chapter 119 of the Florida selection committee. State Statutes. f. Communicating with the person or persons (b) Effective dates. A cone of silence shall designated in the competitive solicitation as begin and shall end for competitive the contact person for clarification or solicitations as follows: information related to the competitive solicitation. The contact person shall not be a (1)A cone of silence shall be in effect during member of the selection/evaluation a competitive solicitation process beginning committee, or the person designated to upon the advertisement for the competitive negotiate the agreement,except as otherwise solicitation or during such other procurement provided for in subsection (d)(1)above. activities as declared by the Town Council. (3) The Procurement Manager or designee (2)The cone of silence shall terminate at the and the Town Attorney or designee shall time the Town Council or Town Administrator accept written communications from persons takes final action or gives final approval of a or entities subject to this section during the contract, rejects all bids or responses to the time a cone of silence is applicable to a competitive solicitation, or takes other action competitive solicitation. which ends the competitive solicitation process. (e) Violations. Any action in violation of this (c) Notice. When the cone of silence section by a vendor or contractor shall be becomes effective for a particular competitive cause for disqualification of the bid or the solicitation, the Town Administrator or proposal.The determination of a violation and designee shall provide notice of the cone of the penalty shall be made by Town Council. silence to the Town Council. The solicitation (f) Any employee violating this section shall document for the goods or services shall generally disclose the requirements of this be subject to disciplinary action by the Town section. Notice of the termination of the cone Administrator up to and including termination. of silence shall be provided in the award 16 Page 310 of 702 Agenda Item #10. ITB# RM-21-98 (g) The cone of silence shall not apply to a Bids, addenda, Intents to Award, and other competitive process which seeks to enter into information is available on the Procurement a contract or award of money to perform Division's "Procurement" page, which can be governmental, quasi-governmental, social or found at: https://www.davie- human services primarily for charitable, fl.gov/411/Procurement. benevolent, humanitarian or other philanthropic purposes, such as the award of 1.54 DISCLAIMER grants or support assistance to organized nonprofit entities that promote or assist with The Town of Davie may,in its sole and absolute the care, education, health, standard of living discretion, accept or reject, in whole or in part, or general welfare of people in the Town of for any reason whatsoever any or all Bids; re- Davie,or that promote or assist community or advertise this Bid; postpone or cancel at any neighborhood enhancements. time this Bid process; or, waive any formalities of or irregularities in the bidding process. Bids that are not submitted on time and/or do not 1.51 PURCHASING AGREEMENTS WITH OTHER conform to the Town of Davie's requirements GOVERNMENT AGENCIES will not be considered. After all bids are analyzed, organization(s) submitting bids that It is hereby made part of this solicitation that the appear, solely in the opinion of the Town of submission of any bid response to this Davie, to be the most competitive, shall be advertised request constitutes a bid made under submitted to the Town of Davie's Town the same terms and conditions, for the same Administrator and/or Town Council,and the final price, to other government agencies if selection will be made shortly thereafter with a agreeable by the bidder and the government timetable set solely by the Town of Davie. The agency. selection by the Town of Davie shall be based on the bid, which is, in the sole opinion of the At the option of the vendor/contractor,the use of Town Administrator and/or Town Council of the the contract resulting from this solicitation may Town of Davie, in the best interest of the Town be extended to other governmental agencies, of Davie. The issuance of this bid constitutes including the State of Florida, its agencies, only an invitation to make presentations to the political subdivisions, counties,and cities. Town of Davie. The Town of Davie reserves the right to determine, at its sole discretion, the Each governmental agency allowed by the lowest responsive and responsible bidder. In all vendor/contractor to use this contract shall do cases the Town of Davie shall have no liability so independently of any other governmental to any contractor for any costs or expense entity. Each agency shall be responsible for its incurred in connection with this bid or otherwise. own purchases and shall be liable only for goods or services ordered, received, and 1.55 CONFIDENTIALITY accepted. No agency receives any liability by virtue of this bid and subsequent contract As a political subdivision, the Town of Davie is award. subject to the Florida Sunshine Act and Public Records Law. By submitting a Bid, Contractor 1.52 ACCESS TO RECORDS acknowledges that the materials submitted with the Bid and the results of the Town of Davie's The Town reserves the right to require the evaluation are open to public inspection and Contractor to submit to an audit. The Contractor subject to disclosure upon proper request. shall provide access to all of its records which Contractor should take special note of this as it relate directly or indirectly to the Agreement at relates to proprietary information that might be its place of business during regular business included in its Bid. hours. The Contractor shall retain all records pertaining to the Agreement, as specified in 1.56 ORDER OF PRECEDENCE Florida Statute Chapter 119 and section 1.30 of this agreement, and upon request make them If there is a conflict between or among the available to the Town following expiration of the provisions of the Agreement, the order of Agreement. The Contractor agrees to provide precedence is as follows: such assistance as may be necessary to facilitate the review or audit by the Town to A. The terms and conditions of the agreement ensure compliance with applicable accounting and financial standards at no cost to the Town. B. The Town of Davie's solicitation and any associated addenda and attachments 1.53 TOWN WEBSITE thereof, and 17 Page 311 of 702 Agenda Item #10. ITB# RM-21-98 C. The Contractor's Proposal. providing the Town with input regarding the time and cost to implement said changes and in 1.57 NATURE OF THE AGREEMENT executing the activities required to implement said changes. The Agreement incorporates and includes all negotiations, correspondence, conversations, 1.58 PAYMENT FOR SERVICES/AMOUNT agreements, and understandings applicable to OBLIGATED the matters contained in the Agreement. The parties agree that there are no commitments, The Contractor warrants that it has reviewed the agreements, or understandings concerning the Town's requirements and has asked such subject matter of the Agreement that are not questions and conducted such other inquiries as contained in the Agreement, and that the the Contractor deemed necessary in order to Agreement contains the entire agreement determine the price the Contractor will charge to between the parties as to all matters contained provide the Work and Services to be performed herein. Accordingly, it is agreed that no under this Contract. The compensation for all deviation from the terms hereof shall be Work and Services performed under this predicated upon any prior representations or Contract, including all costs associated with agreements,whether oral or written. It is further such Work and Services, shall be in the total agreed that any oral representations or amount submitted on the Bid Form. The Town modifications concerning the Agreement shall shall have no obligation to pay the Contractor be of no force or effect, and that the Agreement any sum(s)in excess of this amount, except for may be modified, altered or amended only by a a change and/or modification to the Contract written amendment duly executed by both which is approved and executed in writing by the parties hereto or their authorized Town and the Contractor. representatives. All Services undertaken by the Contractor The Contractor shall provide the services set before Town's approval of this Contract shall be forth in the Scope of Services, and render full at the Contractor's risk and expense. and prompt cooperation with the Town in all aspects of the Services performed hereunder. 1.59 PRICING The Contractor acknowledges that the Prices shall remain firm and fixed for the term of Agreement requires the performance of all the Contract, including any option or extension things necessary for or incidental to the effective periods; however, the Contractor may offer and complete performance of all Work and incentive discounts to the Town at any time Services under this Contract. All things not during the Contract term, including any renewal expressly mentioned in the Agreement but or extension thereof. necessary to carrying out its intent are required by the Agreement, and the Contractor shall 1.60 GUARANTEE perform the same as though they were specifically mentioned, described and The Contractor shall be responsible for delineated. technically deficient designs, reports, or studies due to its errors and omissions, and shall The Contractor shall furnish all labor, materials, promptly correct or replace all such deficient tools, supplies, and other items required to work due to its errors and omissions without perform the Work and Services that are cost to Town upon the request of the Town for necessary for the completion of this Contract. five years after the date of acceptance of the All Work and Services shall be accomplished at project by the Town, which are judged to have the direction of and to the satisfaction of the been in error by a court of competent Town's Project Manager. jurisdiction. Contractor shall also be responsible for the cost of correcting deficient The Contractor acknowledges that the Town construction which was built from technically shall be responsible for making all policy deficient designs,where applicable. Payment in decisions regarding the Scope of Services. The full by the Town for work performed does not Contractor agrees to provide input on policy constitute a waiver of this guarantee. issues in the form of recommendations. The Contractor agrees to implement any and all 1.61 MANNER OF PERFORMANCE changes in providing Services hereunder as a A. The Contractor shall provide the Services result of a policy change implemented by the described herein in a competent and Town. The Contractor agrees to act in an professional manner satisfactory to the expeditious and fiscally sound manner in 18 Page 312 of 702 Agenda Item #10. ITB# RM-21-98 Town in accordance with the terms and F. The Contractor shall comply with all conditions of the Agreement. The Town provisions of all federal, state and local shall be entitled to a satisfactory laws, statutes, ordinances, and regulations performance of all Services described that are applicable to the performance of herein and to full and prompt cooperation the Agreement. by the Contractor in all aspects of the Services. At the request of the Town, the 1.62 INDEPENDENT CONTRACTOR Contractor shall promptly remove from the RELATIONSHIP project any Contractor's employee, subcontractor, or any other person The Contractor is, and shall be, in the performing Services hereunder. The performance of all work services and activities Contractor agrees that such removal of any under the Agreement, an independent of its employees does not require the contractor, and not an employee, agent or termination or demotion of any employee servant of the Town. All persons engaged in by the Contractor. any of the work or services performed pursuant to the Agreement shall at all times, and in all B. The Contractor agrees to defend, hold places, be subject to the Contractor's sole harmless and indemnify the Town and shall direction, supervision and control. The be liable and responsible for any and all Contractor shall exercise control over the claims, suits, actions, damages and costs means and manner in which it and its (including attorney's fees and court costs) employees perform the work,and in all respects made against the Town, occurring on the Contractor's relationship and the account of, arising from or in connection relationship of its employees to the Town shall with the removal and replacement of any be that of an independent contractor and not as Contractor's personnel performing services employees and agents of the Town. hereunder at the behest of the Town. Removal and replacement of any The Contractor does not have the power or Contractor's personnel as used in this authority to bind the Town in any promise, Article shall not require the termination and agreement or representation other than or demotion of such Contractor's specifically provided for in the Agreement. personnel. 1.63 AUTHORITY OF THE TOWN'S PROJECT C. The Contractor agrees that at all times MANAGER it will employ, maintain and assign to the performance of the Services a sufficient A. The Contractor hereby acknowledges that number of competent and qualified the Town's Project Manager will determine professionals and other personnel to meet in the first instance all questions of any the requirements to which reference is nature whatsoever arising out of, under, or hereinafter made. The Contractor agrees to adjust its personnel staffing levels or to in connection with, or in any way related to replace any of its personnel upon or on account of, the Agreement including reasonable request from the Town, should but not limited to:questions as to the value, the Town make a determination, in its sole acceptability and fitness of the Services; discretion, that said personnel staffing is questions as to either party's fulfillment of inappropriate or that any individual is not its obligations under the Contract; performing in a manner consistent with the negligence, fraud or misrepresentation requirements for such a position. before or subsequent to acceptance of the Proposal;questions as to the interpretation D. The Contractor warrants and represents of the Scope of Services; and claims for that its personnel have the proper skill, damages, compensation and losses. training, background, knowledge, B. The Contractor shall be bound by all experience, rights, authorizations, integrity, determinations or orders and shall promptly character and licenses as necessary to comply with and follow every order of the perform the Services described herein, in a Project Manager, including the withdrawal competent and professional manner. or modification of any previous order and E. The Contractor shall at all times cooperate regardless of whether the Contractor with the Town and coordinate its respective agrees with the Project Manager's work efforts to most effectively and determination or order. Where orders are efficiently maintain the progress in given orally,they will be issued in writing by performing the Services. the Project Manager as soon thereafter as is practicable. 19 Page 313 of 702 Agenda Item #10. ITB# RM-21-98 C. The Contractor must, in the final instance, exercised or taken.The Town Administrator seek to resolve every difference concerning shall render a decision in writing and deliver the Agreement with the Project Manager. a copy of the same to the Contractor. In the event that the Contractor and the Except as such remedies may be limited or Project Manager are unable to resolve their waived elsewhere in the Agreement, difference, the Contractor may initiate a Contractor and the Town reserve the right dispute in accordance with the procedures to pursue any remedies available under law set forth in the section below. Exhaustion of after exhausting the provisions of this these procedures shall be a condition Article. precedent to any lawsuit permitted hereunder. 1.64 MUTUAL OBLIGATIONS D. In the event of such dispute, the parties to A. The Agreement, including attachments and the Agreement authorize the Town appendices to the Agreement, shall Administrator or designee,who may not be constitute the entire Agreement between the Project Manager or anyone associated the parties with respect hereto and with this Project, acting personally, to supersedes all previous communications decide all questions arising out of,under,or and representations or agreements, in connection with, or in any way related to whether written or oral, with respect to the or on account of the Agreement (including subject matter hereto unless acknowledged but not limited to claims in the nature of in writing by the duly authorized breach of contract, fraud or representatives of both parties. misrepresentation arising either before or subsequent to execution hereof) and the B. Nothing in the Agreement shall be decision of each with respect to matters construed for the benefit, intended or within the Town Administrator's purview as otherwise, of any third party. set forth above shall be conclusive, final and binding on parties. Any such dispute shall be brought, if at all, before the Town C. In those situations where the Agreement Administrator within 10 days of the imposes an indemnity or defense obligation occurrence, event or act out of which the on the Contractor, the Town may, at its dispute arises. expense, elect to participate in the defense if the Town should so choose. The Town Administrator may base this Furthermore, the Town may at its own decision on such assistance as may be expense defend or settle any such claims if desirable, including advice of experts, but the Contractor fails to diligently defend such in any event shall base the decision on an claims, and thereafter Contractor agrees to independent and objective determination of pay the Town's costs, attorney's fees whether Contractor's performance or any and/or any resulting judgment or settlement Deliverable meets the requirements of the from the Contractor. Agreement and any specifications with respect thereto set forth herein. The effect 1.65 QUALITY ASSURANCE/QUALITY of any decision shall not be impaired or ASSURANCE RECORD KEEPING waived by any negotiations or settlements or offers made in connection with the The Contractor shall maintain, and shall require dispute, whether or not the Town that its subcontractors and suppliers maintain, Administrator participated therein,or by any complete and accurate records to substantiate prior decision of others, which prior compliance with the requirements set forth in decision shall be deemed subject to review, the Scope of Services. The Contractor and its or by any termination or cancellation of the subcontractors and suppliers shall retain such Agreement. All such disputes shall be records,and all other documents relevant to the submitted in writing by the Contractor to the Services furnished under the Agreement for a Town Administrator for a decision,together period of three(3)years from the expiration date with all evidence and other pertinent of the Agreement and any extension thereof. information in regard to such questions, in order that a fair and impartial decision may be made. The parties agree that whenever 1.66 AUDITS the Town Administrator is entitled to exercise discretion or judgment or to make The Town,or its duly authorized representatives a determination or form an opinion pursuant or governmental agencies shall, until the to the provisions of this Article, such action expiration of three (3)years after the expiration shall be deemed fair and impartial when of the Agreement and any extension thereof, 20 Page 314 of 702 Agenda Item #10. ITB# RM-21-98 have access to and the right to examine and or corporation disapproved by the Town. reproduce any of the Contractor's books, documents, papers and records and those of its C. Before entering into any subcontract subcontractors and suppliers which apply to all hereunder, the Contractor will inform the matters of the Town as needed. Such records subcontractor fully and completely of all shall conform to Generally Accepted Accounting provisions and requirements of the Principles requirements, as applicable, and Agreement relating either directly or shall only address those transactions related to indirectly to the Services to be performed. the Agreement. Such Services performed by such subcontractor will strictly comply with the The Contractor agrees to grant access to the requirements of this Contract. Town's Auditor to all financial and performance- related records, property, and equipment D. In order to qualify as a subcontractor purchased in whole or in part with government satisfactory to the Town, in addition to the funds. The Contractor agrees to maintain an other requirements herein provided, the accounting system that provides accounting subcontractor must be prepared to prove records that are supported with adequate to the satisfaction of the Town that it has documentation, and adequate procedures for the necessary facilities, skill and determining the allowability and allocability of experience,and ample financial resources costs. to perform the Services in a satisfactory manner. To be considered skilled and 1.67 SUBSTITUTION OF PERSONNEL experienced, the subcontractor must show to the satisfaction of the Town that it In the event the Contractor wishes to substitute has satisfactorily performed services of personnel for the key personnel identified by the the same general type which is required to Contractor's Proposal, the Contractor must be performed under the Agreement. notify the Town in writing and request written approval for the substitution at least ten (10) E. The Town shall have the right to withdraw business days prior to effecting such its consent to a subcontract if it appears to substitution. the Town that the subcontract will delay, prevent, or otherwise impair the 1.68 SUBCONTRACTUAL RELATIONS performance of the Contractor's obligations under the Agreement. All subcontractors are required to protect the A. If the Contractor will cause any part of the confidentiality of the Town and Town's Agreement to be performed by a proprietary and confidential information. subcontractor, the provisions of this Contractor shall furnish to the Town Contract will apply to such subcontractor copies of all subcontracts between and its officers, agents and employees in Contractor and subcontractors and all respects as if it and they were suppliers hereunder. Within each such employees of the Contractor; and the subcontract,there shall be a clause for the Contractor will not be in any manner benefit of the Town permitting the Town to thereby discharged from its obligations request completion of performance by the and liabilities hereunder, but will be liable subcontractor of its obligations under the hereunder for all acts and negligence of subcontract, in the event the Town finds the subcontractor, its officers,agents,and the Contractor in breach of its obligations, employees, as if they were employees of and the option to pay the subcontractor the Contractor. The services performed directly for the performance by such by the subcontractor will be subject to the subcontractor. Notwithstanding, the provisions hereof as if performed directly foregoing shall neither convey nor imply by the Contractor. any obligation or liability on the part of the Town to any subcontractor hereunder as B. The Contractor, before making any more fully described herein. subcontract for any portion of the services, will state in writing to the Town the name 1.69 ASSUMPTION, PARAMETERS, of the proposed subcontractor,the portion PROJECTIONS, ESTIMATES AND of the Services which the subcontractor is EXPLANATIONS to do, the place of business of such subcontractor, and such other information The Contractor understands and agrees that as the Town may require. The Town will have the right to require the Contractor not any assumptions, parameters, projections, to award any subcontract to a person,firm estimates and explanations presented by the Town were provided to the Contractor for 21 Page 315 of 702 Agenda Item #10. ITB# RM-21-98 evaluation purposes only. However,since these termination; which shall become effective assumptions, parameters, projections, within fifteen (15) days following receipt by estimates and explanations represent the Contractor of such notice. If the predictions of future events,the Town makes no Contract is terminated for convenience by representations or guarantees, the Town shall the Town and/or the CRA, the Contractor not be responsible for the accuracy of the shall be paid for any services satisfactorily assumptions presented, the Town shall not be performed up to the date of termination; responsible for conclusions to be drawn there following which the Town and/or the CRA from, and any assumptions, parameters, shall be discharged from any and all projections, estimates and explanations shall liabilities, duties, and terms arising out, or not form the basis of any claim by the by virtue of,this Contract. Contractor. The Contractor accepts all risks associated with using this information. E. The foregoing notwithstanding, any individual, corporation or other entity which 1.70 SEVERABILITY attempts to meet its contractual obligations with the Town and/or the CRA through If the Agreement contains any provision found fraud, misrepresentation or material to be unlawful, the same shall be deemed to be misstatement may be debarred from Town of no effect and shall be deemed stricken from and CRA contracting in accordance with the Agreement without affecting the binding the Town debarment procedures. The force of the Agreement as it shall remain after Contractor may be subject to debarment for omitting such provision. failure to perform and all other reasons set forth in Town's Procurement Policies and 1.71 TERMINATION FOR CONVENIENCE AND Procedures Manual. SUSPENSION OF WORK In addition to cancellation or termination as otherwise provided in the Agreement, the Town A. The Town and/or the CRA, may terminate and/or the CRA may at any time, in its sole the Agreement and pursue all remedies discretion, with or without cause, terminate the available at law if an individual or Agreement by written notice to the Contractor corporation or other entity attempts to and in such event: meet its contractual obligation with the Town and/or the CRA through fraud, F. The Contractor shall, upon receipt of such misrepresentation or material notice, unless otherwise directed by misstatement. the Town and/or the CRA: B. The Town and/or the CRA, may, as a 1. Stop work on the date specified in further sanction, terminate or cancel any the notice ("the Effective other contract(s) that such individual or Termination Date"); corporation or other entity has with the Town and/or the CRA. Such individual, 2. Take such action as may be corporation or other entity shall be necessary for the protection and responsible for all direct and indirect costs preservation of the Town's and/or associated with such termination or the CRA's materials and property; cancellation, including but not limited to attorney's fees and costs. 3. Cancel orders; C. Contractor acknowledges and agrees that 4. Assign to the Town and/or the ten dollars($10.00)of the compensation to CRA and deliver to any location be paid by the Town and/or the CRA, the designated by the Town and/or receipt and adequacy of which is hereby the CRA any non-cancelable acknowledged by Contractor, is given orders for Deliverables that are specific consideration to Contractor for the not capable of use except in the Town's and the CRA's right to terminate this performance of the Agreement Agreement for convenience. and which have been specifically D. The Town, through its Town Administrator, developed for the sole purpose of and/or the CRA through its Executive the Agreement and not Director, and for its convenience and incorporated in the Services; without cause, may terminate the Contract 5. Take no action which will increase at any time during the term by giving written the amounts payable by the Town notice to consultant/contractor of such under the Agreement. 22 Page 316 of 702 Agenda Item #10. ITB# RM-21-98 required by the Agreement; G. In the event that the Town and/or the CRA exercises its right to terminate the 6. The Contractor has failed to Agreement pursuant to this Article the provide"adequate assurances"as Contractor will be compensated as required under subsection "B" stated in the payment Articles, herein, below;and for the: 7. The Contractor has failed in the 1. Portion of the Services completed representation of any warranties in accordance with the stated herein. Agreement up to the Effective Termination Date; and B. When,in the opinion of the Town or the CRA, reasonable grounds for 2. Non-cancelable Deliverables that uncertainty exist with respect to the are not capable of use except in Contractor's ability to perform the the performance of the Agreement Services or any portion thereof, the and which have been specifically Town or the CRA may request that the developed for the sole purpose of Contractor, within the time frame set the Agreement but not forth in the Town's or the CRA's incorporated in the Services. request, provide adequate assurances to the Town or the CRA, in writing, of H. All compensation pursuant to this Article the Contractor's ability to perform in is subject to audit. accordance with terms of the Agreement. Until the Town or the CRA 1.72 EVENT OF DEFAULT receives such assurances the Town or the CRA may request an adjustment to the compensation received by the A. An Event of Default shall mean a Contractor for portions of the Services breach of the Agreement by the which the Contractor has not Contractor. Without limiting the performed. In the event that the generality of the foregoing and in Contractor fails to provide to the Town addition to those instances referred to or the CRA the requested assurances herein as a breach, an Event of within the prescribed time frame, the Default, shall include the following: Town may: 1. The Contractor has not delivered 1. Treat such failure as a repudiation Deliverables on a timely basis; of the Agreement; 2. The Contractor has refused or 2. Resort to any remedy for breach failed, except in any case for provided herein or at law, which an extension of time is including but not limited to, taking provided, to supply enough over the performance of the properly skilled staff personnel; Services or any part thereof either 3. The Contractor has failed to make by itself or through others. prompt payment to subcontractors C. In the event the Town and/or the CRA or suppliers for any Services; shall terminate the Agreement for 4. The Contractor has become default, the Town, the CRA, or their designated representatives may insolvent (other than as immediately take possession of all interdicted by the bankruptcy applicable equipment, materials, laws), or has assigned the products,documentation, reports and proceeds received for the benefit data. of the Contractor's creditors, or the Contractor has taken 1.73 REMEDIES IN THE EVENT OF DEFAULT advantage of any insolvency statute or debtor/creditor law or if the Contractor's affairs have been If an Event of Default occurs, the Contractor put in the hands of a receiver; shall be liable for all damages resulting from the default, including but not limited to: 5. The Contractor has failed to obtain the approval of the Town where A. Lost revenues; 23 Page 317 of 702 Agenda Item #10. ITB# RM-21-98 expense, the rights provided under the B. The difference between the cost associated Agreement to use the item(s). with procuring Services hereunder and the amount actually expended by the Town for D. The Contractor shall be solely responsible procurement of Services, including for determining and informing the Town procurement and administrative costs;and, and/or the CRA whether a prospective supplier or subcontractor is a party to any C. Such other direct damages. litigation involving patent or copyright infringement, service mark, trademark, The Contractor shall also remain liable for any violation, or proprietary rights claims or is liabilities and claims related to the Contractor's subject to any injunction which may prohibit default. The Town may also bring any suit or it from providing any Deliverable proceeding for specific performance or for an hereunder. The Contractor shall enter into injunction. agreements with all suppliers and subcontractors at the Contractor's own risk. 1.74 PATENT AND COPYRIGHT The Town or the CRA may reject any INDEMNIFICATION Deliverable that it believes to be the subject of any such litigation or injunction, or if, in A. The Contractor warrants that all the Town's judgment, use thereof would Deliverables furnished hereunder, delay the Work or be unlawful. including but not limited to: services, equipment programs, documentation, E. The Contractor shall not infringe any software, analyses, applications, methods, copyright, trademark, service mark, trade ways, processes, and the like, do not secrets, patent rights, or other intellectual infringe upon or violate any patent, property rights in the performance of the copyrights, service marks, trade secret, or Work. any other third party proprietary rights. B. The Contractor shall be liable and 1.75 PROPRIETARY INFORMATION responsible for any and all claims made against the Town or the CRA for As a political subdivision of the State of Florida, infringement of patents, copyrights,service the Town of Davie is subject to the provisions of marks,trade secrets or any other third party Florida's Public Records Law. proprietary rights, by the use or supplying of any programs, documentation, software, The Contractor acknowledges that all computer analyses, applications, methods, ways, software in the Town's possession or the CRA's processes, and the like, in the course of possession may constitute or contain performance or completion of,or in any way information or materials which the Town or the connected with,the Work,or the Town's or CRA has agreed to protect as proprietary the CRA's continued use of the information from disclosure or unauthorized use Deliverables furnished hereunder. and may also constitute or contain information Accordingly, the Contractor at its own or materials which the Town or the CRA has expense, including the payment of developed at its own expense,the disclosure of attorney's fees, shall indemnify, defend, which could harm the Town's proprietary and hold harmless the Town and the CRA interest therein. and defend any action brought against the Town with respect to any claim, demand, During the term of the contract, the Contractor and cause of action, debt, or liability. will not use directly or indirectly for itself or for others, or publish or disclose to any third party, C. In the event any Deliverable or anything or remove from the Town's property, or the provided to the Town or the CRA CRA's property, any computer programs, data hereunder, or a portion thereof is held to compilations, or other software which the Town constitute an infringement and its use is or has developed, has used or is using, is holding may be enjoined,the Contractor shall have for use, or which are otherwise in the the obligation, at the Town's or CRA's possession of the Town (hereinafter"Computer option, to (i) modify, or require that the Software"). The Contractor acknowledges and applicable subcontractor or supplier agrees that all third-party license agreements modify, the alleged infringing item(s)at the must also be honored by the contractors and Contractor's expense, without impairing in their employees, except as authorized by the any respect the functionality or Town or the CRA and, if the Computer Software performance of the item(s), or (ii) procure has been leased or purchased by the Town or for the Town or the CRA,at the Contractor's the CRA,all third party license agreements must 24 Page 318 of 702 Agenda Item #10. ITB# RM-21-98 also be honored by the contractors' employees distributed by or on behalf of the with the approval of the lessor or Contractors Contractor, or any employee, agent, thereof. This includes mainframe, minis, subcontractor or supplier thereof, without telecommunications, personal computers and the prior written consent of the Town, any and all information technology software. except as required for the Contractor's performance hereunder. The Contractor will report to the Town any information discovered or which is disclosed to Except as otherwise provided in the Contractor which may relate to the improper subsections a, b, and c above, or use, publication, disclosure or removal from the elsewhere herein, the Contractor and its Town's property of any information technology subcontractors and suppliers hereunder software and hardware and will take such steps shall retain all proprietary rights in and to all as are within the Contractor's authority to licensed software provided hereunder, that prevent improper use, disclosure or removal. have not been customized to satisfy the performance criteria set forth in the Scope 1.76 PROPRIETARY RIGHTS of Services. Notwithstanding the foregoing, the Contractor hereby grants, and shall A. The Contractor hereby acknowledges and require that its subcontractors and agrees that the Town and the CRA retains suppliers grant, if the Town or the CRA so all rights, title and interests in and to all desire, a perpetual, irrevocable and materials, data, documentation and copies unrestricted right and license to use, thereof furnished by the Town and the CRA duplicate, disclose and/or permit any other to the Contractor hereunder or furnished by person(s) or entity(ies) to use all such the Contractor to the Town and/or created licensed software and the associated by the Contractor for delivery to the Town, specifications, technical data and other even if unfinished or in process,as a result documentation for the operations of the of the Services the Contractor performs in Town, the CRA or entities controlling, connection with the Agreement, including controlled by, under common control with, all copyright and other proprietary rights or affiliated with the Town, or the CRA, or therein, which the Contractor as well as its organizations which may hereafter be employees, agents, subcontractors and formed by or become affiliated with the suppliers may use only in connection with Town or the CRA. Such license specifically the performance of Services under the includes,but is not limited to,the right of the Agreement. The Contractor shall not, Town or the CRA to use and/or disclose, in without the prior written consent of the whole or in part, the technical Town, use such documentation on any documentation and licensed software, other project in which the Contractor or its including any source code provided employees, agents, subcontractors or hereunder, to any person or entity outside suppliers are or may become engaged. the Town for such person's or entity's use Submission or distribution by the in furnishing any and/or all of the Contractor to meet official regulatory Deliverables provided hereunder requirements or for other purposes in exclusively for the Town, the CRA, or connection with the performance of entities controlling, controlled by, under Services under the Agreement shall not be common control with, or affiliated with the construed as publication in derogation of Town, the CRA, or organizations which the Town's copyrights or other proprietary may hereafter be formed by or become rights. affiliated with the Town or the CRA. No such licensed software, specifications, B. All rights, title and interest in and to certain data, documentation or related information inventions, ideas, designs and methods, shall be deemed to have been given in specifications and other documentation confidence and any statement or legend to related thereto developed by the Contractor the contrary shall be void and of no effect. and its subcontractors specifically for the Town, hereinafter referred to as 1.77 ETHICS "Developed Works" are works for hire and are the property of the Town. In accordance with Section 2-330 of the Town's Code requires that the town shall not purchase C. Accordingly, neither the Contractor nor its any goods or services from any person who is employees, agents, subcontractors or actively employed by the Town of Davie or from suppliers shall have any proprietary interest any business or entity of which the employee or in such Developed Works. The Developed the employee's spouse or child is an agent, Works may not be utilized, reproduced or officer, partner,director or proprietor or in which 25 Page 319 of 702 Agenda Item #10. ITB# RM-21-98 they have a material interest or discretionary the Contractor submits a false affidavit or the authority. Any such individual or business shall Contractor violates the Act during the term of be disqualified from participating in any bidding this Contract, even if the Contractor was not in activity for purchases by the town unless violation at the time it submitted its affidavit. specifically authorized by action of the town council. Furthermore all bidders are subject to 1.80 CONFLICT OF INTEREST follow the SECTION 1-19 OF THE BROWARD COUNTY CODE. The Contractor represents that: 1.78 LOCAL,STATE,AND FEDERAL A. No officer, director, employee, agent, or COMPLIANCE REQUIREMENTS other consultant of the Town or a member of the immediate family or household of the Contractor agrees to comply, subject to aforesaid has directly or indirectly received applicable professional standards, with the or been promised any form of benefit, provisions of any and all applicable Federal, payment or compensation, whether State, County and Town orders, statutes, tangible or intangible,in connection with the ordinances, rules and regulations which may grant of the Agreement. pertain to the Services required under the Agreement, including but not limited to: B. There are no undisclosed persons or entities interested with the Contractor in the A. Equal Employment Opportunity (EEO), in Agreement. The Agreement is entered into compliance with Executive Order 11246 as by the Contractor without any connection amended and applicable to this Contract. with any other entity or person making a proposal for the same purpose,and without B. Occupational Safety and Health Act(OSHA) collusion, fraud or conflict of interest. No as applicable to this contract. elected or appointed officer or official, director, employee, agent or other C. "Conflicts of Interest" Section 1-19 of the consultant of the Town, or of the State of County Code, and Ordinance 2011-19. Florida (including elected and appointed members of the legislative and executive D. Florida Building Code (FBC). branches of government),or member of the immediate family or household of any of the E. Notwithstanding any other provision of the aforesaid: Agreement, Contractor shall at all times conduct its operations in a safe and sound 1. Is interested on behalf of orthrough the manner. Contractor directly or indirectly in any manner whatsoever in the execution or the performance of the Agreement, or 1.79 NONDISCRIMINATION in the services, supplies or work, to which the Agreement relates or in any During the performance of this Contract, portion of the revenues; or Contractor agrees to not discriminate against any employee or applicant for employment 2. Is an employee, agent, advisor, or because of race, religion, color, sex, handicap, consultant to the Contractor or to the marital status, age or national origin, and will best of the Contractor's knowledge, take affirmative action to ensure that they are any subcontractor or supplier to the afforded equal employment opportunities Contractor. without discrimination. Such action shall be taken with reference to, but not be limited to, C. Neither the Contractor nor any officer, recruitment, employment, termination, rates of director, employee, agent, parent, pay or other forms of compensation, and subsidiary, or affiliate of the Contractor selection for training or retraining, including shall have an interest which is in conflict apprenticeship and on-the-job training. By with the Contractor's faithful performance of entering into this Contract with the Town, the its obligations under the Agreement; Contractor attests that it is not in violation of the provided that the Town, in its sole Americans with Disabilities Act of 1990 (and discretion, may consent in writing to such a related Acts). If the Contractor or any owner, relationship, and provided the Contractor subsidiary or other firm affiliated with or related provides the Town with a written notice, in to the Contractor is found by the responsible advance,which identifies all the individuals enforcement agency or the Town to be in and entities involved and sets forth in detail violation of the Act, such violation shall render the nature of the relationship and why it is this Contract void. This Contract shall be void if 26 Page 320 of 702 Agenda Item #10. ITB# RM-21-98 in the Town's best interest to consent to such relationship. 1.83 GOVERNING LAW D. The provisions of this Article are This Contract, including appendices, and all supplemental to,not in lieu of,all applicable matters relating to this Contract (whether in laws with respect to conflict of interest. In contract, statute, tort (such as negligence), or the event there is a difference between the otherwise)shall be governed by, and construed standards applicable under the Agreement in accordance with, the laws of the State of and those provided by statute, the stricter Florida. standard shall apply. 1.84 SURVIVAL E. In the event Contractor has no prior knowledge of a conflict of interest as set forth above and acquires information which The parties acknowledge that any of the may indicate that there may be an actual or obligations in the Agreement will survive the apparent violation of any of the above, term, termination and cancellation hereof. Contractor shall promptly bring such Accordingly, the respective obligations of the information to the attention of the Town's Contractor and the Town under the Agreement, Project Manager. Contractor shall which by nature would continue beyond the thereafter cooperate with the Town's review termination, cancellation or expiration thereof, and investigation of such information, and shall survive termination, cancellation or comply with the instructions Contractor expiration hereof. receives from the Project Manager in regard to remedying the situation. 1.85 CANCELLATION FOR UNAPPROPRIATED FUNDS 1.81 PRESS RELEASE OR OTHER PUBLIC COMMUNICATION The obligation of the Town for payment to a Contractor is limited to the availability of funds Under no circumstances shall the Contractor,its appropriated in a current fiscal period, and employees, agents, subcontractors and continuation of the contract into a subsequent suppliers,without the express written consent of fiscal period is subject to appropriation of funds, the Town: unless otherwise authorized by law. A. Issue or permit to be issued any press 1.86 ASBESTOS STATEMENT release, advertisement or literature of any kind which refers to the Town, or the Work being performed hereunder, unless the All material supplied must be 100% asbestos Contractor first obtains the written approval free. Bidder, by virtue of bidding, certifies that if of the Town. Such approval may be awarded any portion of the project he will supply withheld if for any reason the Town believes only material or equipment that is 100% that the publication of such information asbestos free. would be harmful to the public interest or is in any way undesirable; and 1.87 VERBAL INSTRUCTIONS PROCEDURE B. Represent, directly or indirectly, that any No negotiations, decisions, or actions shall be product or service provided by the initiated or executed by the Contractor as a Contractor or such parties has been result of any discussions with any Town approved or endorsed by the Town, except employee. Only those communications which as may be required by law. are in writing from an authorized Town representative may be considered. Only written 1.82 BANKRUPTCY communications from Contractors, which are assigned by a person designated as authorized The Town reserves the right to terminate this to bind the Contractor,will be recognized by the contract if, during the term of any contract the Town as duly authorized expressions on behalf Contractor has with the Town, the Contractor of Contractors. becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a 1.88 COST ADJUSTMENTS reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is The cost for all items as quoted herein shall appointed over all or a substantial portion of the remain firm for the term of the contract. Costs property of the Contractor under federal bankruptcy law or any state insolvency law. for subsequent years and any extension term 27 Page 321 of 702 Agenda Item #10. ITB# RM-21-98 years shall be subject to an adjustment only if terminate the Agreement without liability at its increases occur in the industry. However, discretion, to deduct from the contract price, or unless very unusual and significant changes otherwise recover the full amount of such fee, have occurred in the industry, such increases commission, percentage, gift or consideration. shall not exceed 3% per year or, whichever is less,the latest yearly percentage increase in the 1.91 E-VERIFY All Urban Consumers Price Index (CPU-U) (National)as published by the Bureau of Labor Vendor/Consultant/Contractor acknowledges Statistics, U.S. Dept. of Labor. The yearly and agrees to utilize the U.S. Department of increase or decrease in the CPI shall be that Homeland Security's E-Verify System to verify latest index published and available ninety (90) the employment eligibility of: days prior to the end of the contract year then in effect compared to the index for the same month by one year prior. Any requested cost increase V All persons employed to shall be fully documented and submitted to the Vendor/Co employment to Town at least ninety (90) days prior to the perform employment duties within contract anniversary date. Any approved cost Florida during the term of the contract; and adjustments shall become effective upon the anniversary date of the contract. In the event the b) All persons (including sub- CPI or industry costs decline, the Town shall vendors/subconsultants/subcontractor have the right to receive from the Contractor Vendor/Consultant/Contractor assigned by reduction in costs that reflect such cost changes Vendor/Co work pursuant t the to in the industry. The Town may, after perform work pursuant to the contract. examination,refuse to accept the adjusted costs The Vendor/Co agrees that use of if they are not properly documented, increases acknowledges and agrees that use of the U.S. Department of Homeland are considered to be excessive, or decreases are considered to be insufficient. In the event Security's E-Verify System during the term of the contract is a condition of the the Town does not wish to accept the adjusted costs and the matter cannot be resolved to the contract with the Town of Davie. satisfaction of the Town, the contract can be By entering into this Contract, the Contractor cancelled without penalty by the Town upon shall comply with the provisions of Section giving thirty (30) days written notice to the 448.095, Fla. Stat., "Employment Eligibility," as Contractor. amended from time to time. This includes but is 1.89 PROHIBITION OF INTEREST not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all No contract will be awarded to a bidding firm subcontractors to provide an affidavit attesting who has Town elected officials, officers or that the subcontractor does not employ,contract employees affiliated with it, unless the bidding with,or subcontract with,an unauthorized alien. firm has fully complied with current Florida State The contractor shall maintain a copy of such Statutes and Town Ordinances relating to this affidavit for the duration of the contract. Failure issue.Bidders must disclose any such affiliation. to comply will lead to termination of this Failure to disclose any such affiliation will result Contract, or if a subcontractor knowingly in disqualification of the Bidder or termination of violates the statute, the subcontract must be the agreement, removal of the Bidder from the terminated immediately. Any challenge to Town's bidder lists, and prohibition from termination under this provision must be filed in engaging in any business with the Town. the Circuit Court no later than 20 calendar days after the date of termination. If this contract is 1.90 NO CONTINGENT FEES terminated for a violation of the statute by the Contractor, the Contractor may not be awarded Vendor warrants that it has not employed or a public contract for a period of 1 year after the retained any company or person other than a date of termination. The Contractor shall be bona fide employee working solely for the liable for any additional costs incurred by the Vendor to solicit or secure the Agreement, and Town as a result of the termination of this that it has not paid or agreed to pay any person, contract. company, corporation, individual, or firm, other than a bona fide employee working solely for the Vendor any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of the 1.92 FORCE MAJEURE Agreement. For the breach or infraction of this provision, the Town shall have the right to 28 Page 322 of 702 Agenda Item #10. ITB# RM-21-98 The Agreement that is awarded to the exceed the dollar amount set by the legislature successful proposer may provide that the for tort. Nothing in this Contract shall inure to the performance of any act by the Town, the CRA, benefit of any third party for the purpose of or Contractor hereunder may be delayed or allowing any claim against the Town, which suspended at any time while, but only so long claim would otherwise be barred under the as, either party is hindered in or prevented from doctrine of sovereign immunity or by operation performance by acts of God,the elements,war, of law. rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided 1.97 SUBMISSION AND RECEIPT OF BIDS however, the Town shall have the right to provide substitute service from third parties or Bids having any erasures or corrections must be Town forces and in such event the Town shall initialed and dated by the bidder in ink. This bid withhold payment due Contractor for such document shall be typewritten or filled in with period of time. If the condition of force majeure pen and ink. exceeds a period of 14 days the Town may, at its option and discretion, cancel or renegotiate 1.98 SOLID WASTE CONSTRUCTION AND the Agreement. DEMOLITION DEBRIS COLLECTION AND DISPOSAL REQUIREMENTS FOR 1.93 BUDGETARY CONSTRAINTS BIDDING JOBS IN THE TOWN OF DAVIE In the event the Town is required to reduce The Town of Davie has an exclusive solid waste contract costs due to budgetary constraints, all franchise agreement with Coastal Waste & services specified in this document may be Recycling, Inc., Inc. of Florida for the collection subject to a permanent or temporary reduction and disposal of all solid waste including in budget. In such an event, the total cost for construction and demolition (C & D) debris as the affected service shall be reduced as defined within Florida Statutes Chapter 403. All required. The Contractor shall also be provided applicants for bids to perform construction work with a minimum 30-day notice prior to any such for the Town of Davie or the CRA shall be reduction in budget. subject to the requirements found in the Town's exclusive solid waste franchise agreement and 1.94 ANNEXATION must contract with Coastal Waste & Recycling, Inc. for the collection and disposal of all Contractor agrees to extend all terms, construction and demolition debris generated at conditions and pricing in the Agreement and any such construction job sites. amendments thereto,to any areas annexed into the Town. For the current applicable rates and fees for Coastal Waste&Recycling,Inc.dumpsters,roll- 1.95 LITIGATION VENUE off containers, and other related solid waste service equipment needs,please contact Trevor The parties agree that all litigation between Black, Coastal Waste & Recycling, Inc., them in the state courts shall exclusively take Residential Supervisor, at 315-406-1957 or place in Broward County, Florida and that all tblack(@coastalwasteinc.com. litigation between them in the federal courts shall take place in the Southern District of For further information related to bid Florida. specifications related to solid waste franchise requirements, please contact Brian O'Connor, 1.96 SOVEREIGN IMMUNITY Procurement Manager, at (954) 797-1016 or boconnor(aDdavie-fl.gov. Nothing in the Agreement shall be interpreted or construed to mean that the Town or the CRA For solid waste franchise enforcement waives its common law sovereign immunity or questions, please contact the Town of Davie the limits on liability set forth in Section 768.28, Program Division's representative at(954)797- Florida Statute. Notwithstanding anything set 1045 or Danny Stallone, Code Compliance forth in the Contract to the contrary, nothing in Official at(954)693-8237. this Contract shall be deemed as a waiver of immunity or limits of liability of the Town beyond PLEASE BE ADVISED THAT THE FAILURE any statutory limited waiver of immunity or limits OF ANY BIDDER FOR A CONSTRUCTION of liability which may have been or may be PROJECT FOR THE TOWN OF DAVIE, adopted by the Florida Legislature and the cap INCLUDING AND NOT LIMITED TO GENERAL on the amount and liability of the Town for CONTRACTORS AND DEVELOPERS, TO damages, regardless of the number or nature of ADHERE TO THE REQUIREMENTS OF THE claims in tort, equity, or Contract, shall not TOWN OF DAVIE'S EXCLUSIVE SOLID 29 Page 323 of 702 Agenda Item #10. ITB# RM-21-98 WASTE FRANCHISE AGREEMENT SHALL which currently, seriously, and directly affects RESULT IN A NOTICE OF VIOLATION, responsibility as a contractor; CITATION OR SIMILAR CODE (3) Conviction under state or federal antitrust ENFORCEMENT ACTION BEING TAKEN statutes arising out of the submission of bids or AGAINST THE BIDDER. ENFORCEMENT proposals or contracts; ACTION MAY INCLUDE DENIAL OR (4) Violation of contract provisions, as set REVOCATION OF A BID APPLICATION AND forth below, of a character which is regarded by ITS APPROVAL. THE ENFORCEMENT the Procurement Manager to be so serious as to ACTION WILL RESULT IN FINES AND LIENS justify debarment action: UP TO $15,000/DAY FOR IRREPARABLE a. Deliberate failure without good cause to VIOLATIONS, UP TO $1,000/DAY FOR FIRST perform in accordance with the contract VIOLATIONS, UP TO $5,000/DAY FOR documents or within the time limit provided in REPEAT VIOLATIONS PLUS APPLICABLE the contract; COST RECOVERY AND ATTORNEY FEES. b. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one(1)or more contracts; provided 1.99 SUSPENSION AND DEBARMENT that failure to perform or unsatisfactory performance caused by acts beyond the control (a) Authority.The Procurement Manager shall of the contractor shall not be considered to be a provide written notice to any party under review basis for debarment; for potential suspension and/or debarment. The C. Refusal to perform a contract after a notice shall state the grounds for the potential contract is accepted by the Town and awarded suspension and/or debarment and shall offer to the vendor; the party the opportunity to respond to those d. If a party made material misrepresentations grounds in writing. The Procurement Manager in response to or related to a solicitation; may also hold a meeting with the party to e. If a party is debarred by another discuss those grounds, if the Procurement governmental entity; Manager determines a meeting is appropriate. f. Any other cause the Procurement Manager After consideration of the party's written determines to be so serious and compelling as response and/or meeting with the party, the to affect the responsibility as a contractor, Procurement Manager may, after consultation including, but not limited to, debarment by with the Town Attorney's Office, suspend or another governmental entity for any cause listed debar the party from consideration for award of in regulations; or future Town contracts. For purposes of this Part, g. Violation of the ethical standards set forth "party" means any individual or entity. in section 2-330. Debarment shall not be for a period of more than h. Violation of requirements in Section 2-320 five (5)years. —Cone of Silence. (b) Causes for Suspension. The Procurement (d) Decision.The Procurement Manager shall Manager may suspend a party when the issue a written decision to debar or suspend. Procurement Manager has probable cause to The decision shall state the reasons for the debar the party. A vendor may not be action taken. suspended for longer than three (3) months (e) Notice of decision. A copy of the decision unless the Town has commenced debarment under subsection (d) of this section shall be proceedings against the vendor, in which case mailed or otherwise furnished immediately to the suspension may last until the debarment the debarred or suspended person and any proceedings are concluded. other party intervening. (c) Causes for debarment or suspension.The (f) Appeal to the Special Magistrate. The causes for debarment or suspension include the decision to debar is final unless, within ten (10) following: calendar days from the date of receipt of the decision, a Notice of Appeal is filed with the (1) Conviction for the commission of a Town Attorney requesting a hearing before the criminal offense as an incident to obtaining or Town's Special Magistrate. A hearing before attempting to obtain a public or private contract the Town's Special Magistrate will be scheduled or subcontract, or in the performance of such within 30 days receipt of the Notice of Appeal. contract or subcontract; After hearing the matter, the Special Magistrate (2) Conviction under state or federal statutes shall render a decision regarding suspension or of embezzlement, theft, forgery, bribery, debarment and decide whether, or to the extent falsification or destruction of records, receiving to which, the debarment or suspension was in stolen property, or any other offense indicating accordance with this section. The decision of a lack of business integrity or business honesty the Special Magistrate shall be final and conclusive. 30 Page 324 of 702 Agenda Item #10. ITB# RM-21-98 (g) Statute of limitations. There is no statute of limitations regarding debarment. The Procurement Manager may debar parties whose contracts have ended. 1.100 EMPLOYEE BACKGROUND VERIFICATION Contractor certifies and agrees that all personnel used in the performance of this work have had a criminal background check. The Town reserves the right to request copies of the criminal background check. 1.101 PROHIBITION AGAINST LOBBYING During the solicitation of any bid or proposal, any firm and its agents, officers or employees who intend to submit,or who have submitted, bids or proposals shall not lobby, either individually or collectively, any Town Council members,candidates for Town Council or any employee of the Town. Contact should only be made through regularly scheduled Town Council meetings, or meetings scheduled through the Procurement Division for purposes of obtaining additional or clarifying information. Any action, including meals, invitations, gifts or gratuities by a submitting firm, its officers, agents, or employees shall be within the purview of this prohibition and shall result in the immediate disqualification of that firm from further consideration. During a formal solicitation process, contact with personnel of the Town of Davie other than the Procurement Manager and/or designated representative regarding any such solicitation may be grounds for elimination from the selection process. 1.102 INSPECTOR GENERAL AND ETHICS In accordance with Section 12.01 of the Broward County Code of Ordinances, the Contractor understands that this Contract may be subject to investigation and/or audit by the Broward County Inspector General. The Contractor understands and agrees to his obligations under this ordinance.The Contractor further understands and agrees that in addition to all other remedies and consequences provided by law the failure of the Contractor or its subcontractors to fully cooperate with the Inspector General, when requested, may be deemed by the Town to be a material breach of the Contract justifying its termination. END OF SECTION 31 Page 325 of 702 Agenda Item #10. ITB# RM-21-98 SECTION 2.0 INSURANCE REQUIREMENTS Insurance Checklist Insurance Required Non- Insurance Types Type# Applicable 1 Commercial General Liability 2 Automobile Liability 3 Workers Compensation and Employers Liability 4 Builders Risk 5 Pollution Liability 6 Professional Liability including Errors and Omissions 7 Cyber Liability 8 Liquor Liability 9 Garage Keepers/Garage Liability 10 Other Insurance 2.1 INSURANCE TYPES The Contractor shall maintain and carry in full force during the Term the insurance required herein. Upon Town's notification,the Contractor shall furnish to the Procurement Management Division, Certificates of Insurance that indicate that insurance coverage has been obtained which meets the requirements as outlined below: 1. Commercial General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 per occurrence for bodily injury and property damage, Products & Completed Operations with minimum limit of $1,000,000, Personal and Advertising Injury with minimum limit of$1,000,000. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive Davie, Florida 33314,as the certificate holder, must appear on the certificate of insurance. When applicable,the Davie Community Redevelopment Agency must be shown as an additional insured with respect to this coverage. The mailing address to the Davie Community Redevelopment Agency is 6591 Orange Drive Davie, Florida 33314. 2. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles used in connection with the Services, in an amount not less than $1,000,000 per person and $1,000,000 per occurrence. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive, Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. When applicable, the Davie Community Redevelopment Agency must be shown as an additional insured with respect to this coverage. The mailing address to the Davie Community Redevelopment Agency is 6591 Orange Drive Davie, Florida 33314. 3. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. Must include Employers' Liability with a minimum limit of$100,000 each accident, Disease each employee minimum limit of $100,000, Disease policy limit of $500,000. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the Town harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit a written statement detailing the number of employees and that they are not required to carry Worker's Compensation insurance,and do not anticipate hiring any additional employees during the term of this contract or a copy of a Certificate of Exemption. 32 Page 326 of 702 Agenda Item #10. ITB# RM-21-98 4. Builders Risk Insurance shall be afforded by the Contractor, at its expense, with full theft, windstorm, fire and extended coverage on Improvements constructed, and personal property located on the premises by the Contractor,for the benefit of the Town and the Contractor, as each party's interests may appear, in an amount not less than one hundred percent (100%) of the replacement value of the completed Improvements or new construction. Such insurance shall provide that the interest of the Town is included as a loss payee and contain a waiver of subrogation rights by the Contractors carrier against the Town. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive, Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance.When applicable,the Davie Community Redevelopment Agency must be shown as an additional insured with respect to this coverage. The mailing address to the Davie Community Redevelopment Agency is 6591 Orange Drive Davie, Florida 33314. 5. Pollution Liability Insurance must be afforded for Bodily Injury and Property Damage of not less than$1,000,000 each claim. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive,Davie,Florida 33314,as the certificate holder,must appear on the certificate of insurance. When applicable, the Davie Community Redevelopment Agency must be shown as an additional insured with respect to this coverage.The mailing address to the Davie Community Redevelopment Agency is 6591 Orange Drive Davie, Florida 33314. 6. Professional Liability Insurance including Errors and Omissions with minimum limits of $1,000,000.00 per occurrence, if occurrence form is available;or claims made form with"tail coverage"extending three(3)years beyond completion and acceptance of the project with proof of"tail coverage"to be submitted with the invoice for final payment. In lieu of "tail coverage," Consultant/Firm may submit annually to the Town a current Certificate of Insurance proving claims made insurance remains in force throughout the same(3)year period. 7. Cyber Liability Insurance must be afforded for Data Breach, Media Content, Privacy Liability and Network Security of not less than $1,000,000 each claim. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive, Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance.When applicable,the Davie Community Redevelopment Agency must be shown as an additional insured with respect to this coverage. The mailing address to the Davie Community Redevelopment Agency is 6591 Orange Drive Davie, Florida 33314. 8. Liquor Liability Insurance must be afforded when a licensee,vendor,concessionaire,independent contractor,or subcontractor is engaged in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages while on Town property. Coverage must be afforded for Bodily Injury and Property Damage of not less than$1,000,000 Combined Single Limit each occurrence. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive, Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. When applicable, the Davie Community Redevelopment Agency must be shown as an additional insured with respect to this coverage. The mailing address to the Davie Community Redevelopment Agency is 6591 Orange Drive Davie, Florida 33314. 9. Garage Liability Insurance must be afforded for Bodily Injury and Property Damage of not less than $1,000,000 each claim. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive,Davie,Florida 33314,as the certificate holder,must appear on the certificate of insurance. When applicable, the Davie Community Redevelopment Agency must be shown as an additional insured with respect to this coverage.The mailing address to the Davie Community Redevelopment Agency is 6591 Orange Drive Davie, Florida 33314. 2.2 INSURANCE COVERAGE The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operation of the Contractor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida with the following qualifications: A. The company must berated no less than"A-"as to management,and no less than"Class VII"as to financial strength, according to the latest edition of Best's Insurance Guide published by A.M. Best Company, 33 Page 327 of 702 Agenda Item #10. ITB# RM-21-98 Oldwick, New Jersey, or its equivalent, subject to the approval of the Town's Risk Management Division. B. Certificates of Insurance must indicate that for any cancellation of coverage before the expiration date, the issuing insurance carrier will mail thirty (30) day written advance notice to the certificate holder and any additional insureds. In addition, the Contractor hereby agrees not to modify the insurance coverage without thirty(30)days written advance notice to the Town. NOTE: TOWN OF DAVIE CONTRACT NUMBER AND TITLE MUST APPEAR ON EACH CERTIFICATE OF INSURANCE. C. Compliance with the foregoing requirements shall not relieve the Contractor of this liability and obligation under this section or under any other section in the Agreement. D. Award of this Contract is contingent upon the receipt of the insurance documents,as required,within fifteen (15)calendar days after Town notification to Contractor to comply before the award is made. If the insurance certificate is received within the specified time frame but not in the manner prescribed in the Agreement, the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the Town. If the Contractor fails to submit the required insurance documents in the manner prescribed in the Agreement within twenty (20) calendar days after Town notification to comply, the Contractor shall be in default of the contractual terms and conditions and award of the Contract will be rescinded, unless such time frame for submission has been extended by the Town. E. The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period of the Contract, including any and all option years or extension periods that may be granted by the Town. If insurance certificates are scheduled to expire during the contractual period, the Contractor shall be responsible for submitting new or renewed insurance certificates to the Town at a minimum of thirty(30)calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the Town shall suspend the Contract until such time as the new or renewed certificates are received by the Town in the manner prescribed herein; provided, however, that this suspended period does not exceed thirty (30) calendar days. Thereafter, the Town may, at its sole discretion, terminate this contract. END OF SECTION 34 Page 328 of 702 Agenda Item #10. ITB# RM-21-98 SECTION 3.0 SPECIAL CONDITIONS 3.1 PERFORMANCE OF SERVICES Vendor agrees to perform contracted services in a professional and workmanlike manner and in compliance with all applicable laws, ordinances, rules, regulations, and permits. Only the highest quality workmanship shall be acceptable. 3.2 REQUESTS FOR INFORMATION (RFI) Any questions regarding the specifications shall be addressed to the Procurement Manager by the deadline stated herein for receiving RFIs via e-mail at bids(@davie-fl.gov. Any oral instructions given are not binding. All questions and interpretations will be clarified in writing to all bidders by written addenda. Failure of a bidder to receive and/or acknowledge any addendum shall not release the bidder from any obligations under this bid. 3.3 NON-MANDATORY PRE-BID CONFERENCE A Non-Mandatory Pre-Bid Conference will be held on Thursday, September 16, 2021 at 10:00 AM EST via conference call or via online meeting: Meeting Information Meeting link: htti)s:Hdaviei)urchasing.webex.com/daviei)urchasinci/j.r)hp?MTID=m6739956b8c76fOc4c3554930ac6be 5a8 Meeting number: 2347 273 9830 Password: NAgp2fJY2b3 More ways to join Join by video system Dial 23472739830(a daviepurchasing.webex.com You can also dial 173.243.2.68 and enter your meeting number. Join by phone +1-408-418-9388 United States Toll Access code: 2347 273 9830 Persons with disabilities requiring accommodations in order to participate should contact the Town Clerk at 954-797-1023 at least forty-eight (48) hours prior to the meeting to request such accommodation. If you are hearing or speech impaired, please contact the Florida Relay Service by using the following numbers: 1-800-955-8770 (voice) or 1-800-955-8771 (TDD). 3.4 SCHEDULE OF EVENTS The Town will use the following tentative time schedule in the selection process. The Town reserves the right to change and/or delay scheduled dates. Event Date ITB Available 09/08/2021 Non-Mandatory Pre-Bid Conference (10:00 am EST) 09/16/2021 Last Date Receipt of RFIs (by 5:00 pm EST) 09/22/2021 Bids Due (2:00 pm EST) 09/30/2021 35 Page 329 of 702 Agenda Item #10. ITB# RM-21-98 3.5 COOPERATIVE BID The successful supplier(s)will furnish pavement markings as needed by the agencies participating in the cooperative bid. Supplier(s) will be required to make deliveries to locations as specified by the ordering agencies. Any reference in the bid documents to a single entity shall apply to all participating entities referenced in the bid. The terms and conditions of the individual contracts and/or purchase orders including, but not limited to provisions regarding invoicing, individual delivery points, delivery instructions, and insurance requirements shall be established individually by each participating governmental entity prior to award. MUNICIPALITIES AND OTHER GOVERNMENTAL ENTITIES WHICH ARE NOT MEMBERS OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP ARE STRICTLY PROHIBITED FROM UTILIZING ANY CONTRACT OR PURCHASE ORDER RESULTING FROM THIS BID. HOWEVER,OTHER CO-OP MEMBERS MAY PARTICIPATE IN THIS CONTRACT DURING THE RENEWAL PERIOD PROVIDED IT IS ACCEPTABLE TO THE VENDOR(S). 3.6 PARTICIPATING AGENCIES All agencies a part of the Southeast Florida Governmental Purchasing Cooperative Group and may use this contract upon award The following agencies are a part of the Southeast Florida Governmental Purchasing Cooperative Group. This is the current listing and may be updated from time to time: Broward College Broward County City of Riviera Beach Broward Metropolitan Planning Organization City of Sunrise Broward Sheriffs Office City of Sunny Isles Beach Children's Services Council, Palm Beach County City of Tamarac City of Aventura City of Weston City of Boca Raton City of West Palm Beach City of Boynton Beach City of Wilton Manors City of Coconut Creek Coral Springs Improvement District City of Coral Gables Palm Beach County Sheriff's Office (PBSO) City of Cooper City Solid Waste Authority of Palm Beach County City of Coral Springs South Florida Regional Transportation City of Dania Beach Authority/TRI-RAIL City of Deerfield Beach South Florida Water Management District City of Delray Beach ) Town of City of Fort Lauderdale Town of Davie Town of Hillsboro Beach City of Greenacres Town of Lantana City of Hallandale Beach C Town of Palm Beach City of Hollywood City of Lake Worth Town of Southwest Ranches City of Lauderdale Lakes Village of North Palm Beach City of Lauderhill Village of Palm Springs City of Margate City of Miami Village of Royal Palm Beach City of Miami Beach Village of Wellington City of Miami Gardens City of Miramar City of North Lauderdale City of North Miami City of North Miami Beach City of Oakland Park City of Parkland City of Pembroke Pines City of Plantation City of Pompano Beach South Florida Water Management District 36 Page 330 of 702 Agenda Item #10. ITB# RM-21-98 3.7 SIGNED BID CONSIDERED AN OFFER This 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 Town of Davie, if required, and in case of default on the part of the bidder or contractor after such acceptance, the Town of Davie may take such action as it deems appropriate including legal action for the damages or specific performance. 3.8 CONTRACTOR'S EQUIPMENT All equipment shall be maintained in a safe operating condition while performing work under this contract. Contractor shall have proper safety devices maintained at all times while in use. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the Town shall direct the contractor to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the Town of Davie. The contractor shall be responsible for injury to persons caused by the operation of the equipment. 3.9 EMPLOYEES Contractor shall provide licensed and insured technicians to perform all work as required by Local, State, and/or Federal Regulations. Contractor shall have "on-site" supervisor fully conversant in the safety procedures to be followed in case of injury and/or accident. All work must be performed following EPA requirements and OSHA safety standards and regulations. Contractor shall assign an "On Duty" supervisor who speaks and reads English. Contractor shall have its employees refrain from smoking in municipal buildings unless in those areas designated for smoking. Contractor shall provide the Town with an emergency contact list identifying the names, positions held, phone numbers, and emails of account manager and/or field supervisor. 3.10 DISPOSAL OF WASTE The contractor shall properly dispose, at its own cost, of any waste resulting from the work being performed in an approved facility at an approved site unless otherwise specified in this document. It is the bidder(s) responsibility to become familiar with the existing conditions of all the Town facilities that are included in this bid, to assist them determine the type of equipment necessary to successfully provide the specified services. 3.11 DAMAGE TO PUBLIC OR PRIVATE PROPERTY If property(public or private) is damaged while contractor is performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of the contractor in a manner acceptable to the Town of Davie prior to the final acceptance of the work. Contractor will be responsible for applying and securing any permits that may be required to complete such repairs. Such property shall include but not be limited to: existing facilities and all of its components, site amenities, concrete and/or asphalt surfaces, vehicles, structures, sidewalks, curbs and gutters, driveways, utilities, etc. Contractor must provide protection necessary to prevent damage to property being repaired or replaced. If the work site has any pre-existing damage, the Contractor shall notify the Public Works/Capital Projects Department in writing. Failure to do so shall obligate the contractor to make repairs per the above section. 37 Page 331 of 702 Agenda Item #10. ITB# RM-21-98 3.12 COMPETENCY OF BIDDERS Bids shall be considered only from firms that have been continuously engaged in providing products and services similar to those specified herein for a reasonable period and that are presently engaged in the provision of these services. Contract(s)will be awarded only to responsible and responsive Bidder(s) licensed and qualified by experience to do the work specified. The Bidder shall submit, prior to award of Contract, satisfactory evidence of his experience in like work and that bidder is fully prepared with the necessary organization, capital, and equipment to complete the Scope of Services. Bidder shall be insured, licensed, and certified by all applicable local, county, and state agencies. 3.13 INITIAL CONTRACT PERIOD AND CONTRACT RENEWAL The initial contract shall be for a period of one (1)year from the contract start date. In addition, the Town reserves the right to renew the contract for two (2) additional two (2)year periods, providing that both parties agree that all terms, conditions and specifications remain the same, contingent upon approval by the Town Administrator and the Town Council of the Town of Davie. 3.14 CONTRACT AWARD Any contract, as a result of this ITB, will be submitted to Town Administrator for considerations and may be submitted to the Town Council for their approval. The Contract award, if any, shall be made to the Bidder whose bid shall be deemed by the Town to be in the best interest of the Town. The Town's decision to make the award and which bid is in the best interest of the Town shall be final. END OF SECTION REMAINDER OF PAGE INTENTIONALLY BLANK 38 Page 332 of 702 Agenda Item #10. ITB# RM-21-98 SECTION 4.0 SPECIFICATIONS 4.1 PURPOSE The purpose of this ITB is to secure a qualified firm to perform scrap metal recycling services on an as- needed basis. This is a cooperative bid issued by the Town of Davie as the lead agency of the Southeast Florida Governmental Purchasing Cooperative Group on behalf of the participating agencies referenced within the specifications, for the sale of their annual requirements. 4.2 BIDDER REQUIREMENTS Bidders shall own and operate, at their facility, a state certified scale of sufficient capacity and precision to accurately weigh containers. The weight shall be determined by Florida state certified scales at the vendor's location. 4.3 SCOPE OF WORK The Town is seeking bids from qualified vendors for the proper disposal/recycling of scrap metal material on an "as-needed" basis at various locations throughout the Town. The services of this award shall also include payment to the Town as a percentage of the American Metal Market ("AMM") Index pricing. A. SCRAP METAL MATERIAL The materials included in the scrap metal category include: The Town makes no guarantee of minimum quantities for the sale of scrap metal and the categories specified above are not to be construed as the only type of metal that may be collected during the term of the contract. The scrap material is offered for sale "where is, as is" with no guarantee or warranty, expressed or implied, and without recourse against the Town. B. COPPER Item No. 2 on the Bid Form shall be priced for the purposes of copper pipe. Copper wire will be handled on an as-needed basis per client. C. E-SCRAP SERVICES (OPTIONAL) In addition to collection and disposal of scrap metals, bidders that provides e-scrap services for computer hardware and other electronic accessories, may provide pricing for e-scrap fluctuates in accordance with the market. These services ARE NOT required for bidders to be eligible to respond to this solicitation. D. BASIS OF AWARD The awarding of this bid is based on the proposed payments to the Town for collected materials hauled by awarded vendor. The price paid per pound to the Town will be a percentage of the current index"High Price"for the metals listed in the American Metal Market(AMM)magazine.The amount of payment shall be determined with reference to the index price in effect for each scrap metal as published on the first business day of the month in which the metal is removed. The percentage retained by the vendor shall include all the costs associated with providing the services of this award. No additional costs shall be paid by the Town for material removal. 39 Page 333 of 702 Agenda Item #10. ITB# RM-21-98 E. COLLECTION SITE LOCATIONS FOR SCRAP METAL MATERIALS The Awardee will be responsible to visit Town locations and discuss with staff to determine the right sized containers for each location. Containers shall be provided at no charge to the Town. The containers shall be in good and serviceable condition and pose no threat or hazard to Town employees. Containers should be labelled to identify their purpose in collecting scrap metal, so as to deter disposal of trash or other materials. Damage to Town property for which the vendor is responsible will be repaired by the vendor in a timely manner.The vendor shall leave a replacement collection container whenever they retrieve a container. Town staff will be responsible for placing items into containers. The Awardee will provide training to Town staff on proper separation of scrap to maximize revenue to the Town. Collection containers shall be serviced within 24 hours of the vendor being notified or by the close of business the next day Monday through Saturday. If a container is not serviced within the required time, the vendor shall be responsible for placing any overflow material into the replacement container when it is delivered. In addition to the established container location(s)the Town shall have the right to coordinate pick- up of materials at any other Town location when required. Occasionally, the Town may need to haul larger items on a flatbed trailer or similar type of vehicle. Awardee will be provided with photos or asked to perform a site visit to coordinate the hauling of such items. Such activities will be scheduled in advance and Awardee will have 5 business days to coordinate transportation. The Town shall be completely satisfied that all scrap metal has been removed and that the area is left in a clean and manageable condition after collection. F. PAYMENT TO THE TOWN Payment shall be made based on the net weight of scrap retrieved by the vendor for recycling in accordance with the bid price as percent of current index. Payment shall be made no later than the 10th day of the month immediately following pickup of scrap material. Payments are to be made payable to the Town of Davie and mailed to: Town of Davie-Town Hall Procurement Division- Building B 6591 Orange Drive Davie, FL 33314 The vendor shall submit with each monthly payment a monthly summary to include the following items: • Date of pick up from Town site; • Location of pick up; • Delivery site scale ticket number; • Category of load (scrap metal, copper, etc.); • Net weight of load • Scale Ticket Copies—a copy of scale tickets On occasion, Town may haul materials directly to Awardee's facility using staff or a contracted vendor. Bidder may provide additional percentage for Agency hauling of scrap to recycling yard —reference updated Bid Form. 40 Page 334 of 702 Agenda Item #10. ITB# RM-21-98 G. SAFETY Vendor shall observe all OSHA standards for workplace safety and follow all local, county, state and federal Waste&Recycling laws,standards, rules, policies and procedures. Failure to comply may result in a violation,which includes but is not limited to verbal/written warning, stoppage of work,or termination of bid. All equipment should be equipped with an audible back-up alarm to protect the safety of site personnel. END OF SECTION REMAINDER OF PAGE INTENTIONALLY BLANK 41 Page 335 of 702 Agenda Item #10. ITB# RM-21-98 SECTION 5.0 BID FORM Bid Price Per Indicate any (%of AMM additional Index percentage for Item No. published Agency hauling of Description price scrap to recycling paid to yard Town) 1' Ferrous Metal %ton 2. Copper % lb 3. Aluminum % lb 4. Stainless Steel % lb %per 5. Brass(clean) % lb 6. Brass (unclean) %lb 7. Lead %lb Notes: 1. Basis of Award(the average of the five percentages=items 1 through 5/divided by 5=Total) 2. Alternate bids will not be considered unless authorized in the ITBdocument. 3. The percentage retained by the vendor shall include all the costs associated with providing the services of this award. No additional costs shall be paid by the Town for material removal. 4. AMM Index is for October 2018(High Price)and consists of thefollowing: • Ferrous Metal,#1 Heavy Melt(Alabama index)-$/Gross Ton • Copper, No,2 heavy&wire(Atlanta)-Cents/Pound • Aluminum,Old sheet&cast(Atlanta)-Cents/Pound • Stainless,304 Solids clips Consumer(Pittsburgh)-Cents/Pound • Brass,Copper—Red Brass Solids(Atlanta)—Cents/Pound • Brass,Copper—Clean=without attachments;unclean=with attachments BID FORM CONTINUED ON NEXT PAGE 42 Page 336 of 702 Agenda Item #10. ITB# RM-21-98 E-SCRAP SERVICES(OPTIONAL) Bid Price Per(%of Indicate any items NOT AMM Index published Accepted by Firm price paid to Description Town) "Pick Ups" Towers(complete PC) %lb Hard Drives(w\boards) %lb Laptops %lb High Grade Server\Telecom boards %lb Med. Grade boards %lb Low grade boards lb Power Supplies (internal) lb UPS back up(external) lb Mouse\Keyboard % lb Printers lb IMPORTANT: This signed bid form shall be considered an offer on the part of the bidder. Failure to sign this form is grounds for immediate disqualification. By signing this document, you are affirming that you have read and understood the terms, conditions,and information included within this solicitation. That all the information provided above is true and accurate. That the business associated with this solicitation has not been debarred, convicted of a public entity crime, and does not have a conflict of interest in any manner as described herein.That you have the proper authority to sign this document and the ability to bind this business entity to the terms and conditions herein. Firm Name: Authorized Signature: Authorized Signatory Name Title: Seller agrees to accept the VISA Procurement card for payment(optional).Circle one: YES OR NO END OF BID FORM 43 Page 337 of 702 Agenda Item #10. ITB# RM-21-98 Bid Checklist The following are requirements of this Bid, as indicated below. Use of this checklist may help ensure that your submission is complete. Place a check mark in the "Done" column as you complete and enclose each item. Required Done Requirement Completed and Signed Bid Form Acknowledgement of Addenda (if any) �l Client Reference Form Bidder/Proposer Questionnaire Vendor Registration Form Licenses and/or Certifications (if applicable) Proof of Insurance Business Tax Receipt [Occupational License(s)] State of FL Sunbiz OR State Registration (if not required to have State of FL Sunbiz) W9 This checklist is for your guidance. Please read the entire Bid thoroughly to ensure that your submission is complete. 44 Page 338 of 702 Agenda Item #10. ITB# RM-21-98 SECTION 6.0 REQUIRED FORMS • Provide a minimum of three (3) client references from recent similar transactions. 1) Name of Client Entity: Address: City/State/Zip: Contact: Title: Email Address: Telephone: Scope of Work: Description of Services Provided: 2) Name of Client Entity: Address: City/State/Zip: Contact: Title: Email Address: Telephone: Scope of Work: Description of Services Provided: 3) Name of Client Entity: Address: City/State/Zip: Contact: Title: Email Address: Telephone: Scope of Work: Description of Services Provided: 45 Page 339 of 702 Agenda Item #10. ITB# RM-21-98 REQUIRED PROPOSER/BIDDER QUESTIONNAIRE Name of Firm: Date: Primary Contact Person for this ITB: Primary Contact Person Email Address: Primary Contact Person Phone Number: 1. How many years has your firm been in business under its present business name?: 2. Under what other former name(s) has your firm operated?: 3. Have any similar agreements held by proposer for a similar project to the proposed project ever been canceled? Circle one: No Yes If yes, please explain: 4. Has the proposer or any principals of the firm failed to qualify as a responsible proposer, 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 five (5) years? Circle one: No Yes If yes, please explain: 5. Has the proposer or any principals of the firm ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Circle one: No Yes If yes, please explain and give date, court jurisdiction, action taken, and any other explanation deemed necessary: 6. Litigation/Judgements/Settlements/Debarments/Suspensions — Submit information on any pending litigation and any judgements and settlements of court cases relative to providing the services requested herein that have occurred within the last three (3) years. Also indicate if your firm has been debarred or suspended from bidding or proposing on a procurement project by any government entity during the last five (5)years. 46 Page 340 of 702 Agenda Item #10. ITB# RM-21-98 SOURCE OF INFORMATION How did you find out about this solicitation? Check all that apply: 1. www.davie-fl.gov 2. www.demandstar.com 3. The Sun-Sentinel 5. Referral/word-of-mouth Specify Source: 6. Search Engine/Internet search 7. E-mail Specify Source: 8. Banner or Link on another website 9. Flyer, newsletter, direct mail Specify Source: 10. Other, Specify Source: Please note: This survey form is used for internal Procurement purposes only. 47 Page 341 of 702 Agenda Item #10. ITB# RM-21-98 REASONFOR • For firms choosing NOT to bid/propose on this opportunity, the Town appreciates your response using this form. Please return via email to bids(a)-davie-fl.gov or procu rem ent(a0avie-fl.gov: 1. Why did your firm chose not to respond to this opportunity? Circle all that apply from below list: a. We do not offer these services or equivalent. b. Insufficient time to respond to the solicitation. c. Our project schedule would not permit us to perform. d. Unable to meet requirements. e. Other: 2. Additional remarks: 48 Page 342 of 702 Agenda Item #10. {; • i'� . Page 343 of 702 Revised: 8.4.21 Is this a form being filled out as a new application or an update to an existing application? New Application ❑ Updating Application ❑ Vendor Name: (Business Name Registered With The State OR Full Name If An Individual) Mailing Address: Remit to Address (If Different from Mailing Address): Contact Name: Telephone: Federal Tax ID Number: Fax Number: Company Email Address: Business Website (If Applicable): Emergency Contact Information Please enter information the Town can use to contact you for disaster or emergency services below Name Contact Information Revised: 8.4.21 Have you been awarded any government contracts recently or in the past? If yes, please list the contract #'s, the agency, the service provided , and if it is still active. Products & Services In the space provided below please indicate any product or services that your firm provides Revised: 8.4.21 . If the contract or business transaction is with a company, the full legal name and business address shall be provided for each officer and director and each stockholder who directly or indirectly holds five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a trust, the full name and address shall be provided for each trustee and each beneficiary. All such names and address are as follows (Post Office addresses are not acceptable): Full Legal Name Address Ownership 2. The full legal names and business addresses of any other individual (other than subcontractors, materialmen, suppliers, laborers, and lenders) who have, or will have, any legal, equitable, or beneficial interest in the contract or business transaction with the Town are as follows (Post Office addresses are not acceptable): Full Legal Name Address Revised: 8.4.21 3. The officers of the Corporation are as follows: Name Address President: Vice President: Secretary: Treasurer: Registered Agent: Revised: 8.4.21 The purpose of this section is to assist you with certain requirements when doing business with the Town. The below listed key points have been developed to assist you in providing necessary information that will result in a smoother procurement and contracting process. This will expedite the ordering process and help to ensure your payments are made in a timely fashion. r® Quote Related Following a. You must reference the contract number that is being utilized to develop the quote. b. You must remove any extraneous terms and conditions that are not related to the referenced contract on your quote. c. Remove any request for an authorized signature on the quote. A purchase order can be provided. d. If you are quoting prices based on a cost-plus contract, please show your Cost + % of Markup = Total Cost. This will help us verify that your pricing complies with the contract. We ask that you provide evidence of your cost (supplier invoice/receipt) using this model. e. If you are quoting prices based on a discount off list, please show List Price +% Discount = Total Cost. This will help us verify that your pricing complies with the contract and will provide evidence of the list price as well. f. If your quoted prices are based on a unit price contract, please ensure the pricing matches the contract. g. If permits are applicable, please be sure to include those costs on your quote. h. Please verify if freight is allowed, or not, before submitting your quote. i. Is installation applicable to the contract, or not? If not, please be sure to notate. J. When awarded a contract by the Town or the Town chooses to piggyback a contract, please inform all sales and accounting teams that the Town will be utilizing said contract. k. Please ensure all pricing is loaded into your information system. Revised: 8.4.21 All Invoices To The Town MUST Include The Following lnforrnatio�n Or a. Must include a PO# when a purchase order has been provided. b. Must include a non-repetitive invoice number. c. Must show contract pricing, if applicable to a contract. d. No freight charges shall be included unless the contract provides for freight terms. e. All invoices shall be sent to the ordering department or division. This will help to expedite your payment process. Some departments have set up e-mail addresses to which invoices should be submitted. It is advisable to request such email address when speaking to the department you are doing business with. f. The Town's policy is to pay within 30 days; however, Florida Law is net 45 days from the receipt of a rp oper invoice. g. The Town is a Tax-Exempt entity therefore all sales tax shall be excluded. h. The Town will pay either by Purchasing Card (credit card) or Purchase Order/Invoice. The Town will not pay any convenience fees for Purchasing Card transactions. If it is your policy to charge transaction fees you must request a PO before an order is placed. Packages And Deliverie�--r All packages must include the "ship to" address and contact information of the person who placed the order on the outside of the package. Without this information, the Town may be unable to verify delivery. . . Self Service .,j If you are already registered as a vendor with the Town click below to visit the Vendor Self Service Portal to check information on 1099 History, Payments, Purchase Orders and Invoices that the Town has on file. SERVICE Revised: 8.4.21 TOWN • �CERTMCAT,ON PURSUANT TO FLORIDA STATUTE . 287. 135 does not: Company Name I. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and S. Has not engaged in business operations in Cuba or Syria. Affirm: ❑ Revised: 8.4.21 TOWN • • LL 1WEBARMENT Certification Regarding Debarment, Suspension And Other Responsibility Matters TO BE COMPLETED BY PROSPECTIVE VENDOR A. The prospective Vendor certifies that it and its principals (subcontractors and suppliers): I. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or involuntarily excluded by any Federal, State, County, City or Town or other government agency; 2. Have not within a three (3) year period preceding this bid proposal been convicted of or had a civil judgment entered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, City or Town of other local agency) transaction or contract; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) within commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three (3) year period preceding this bid proposal had one or more public contracts (Federal, State, City or Town or other agency) terminated for cause or default. B. Where the prospective Vendor is unable to certify to any of the statements in this certification, an authorized signatory to this proposal shall complete, sign and attach a detailed explanation. Affirm: ❑ Revised: 8.4.21 Company/FirmName: Vendor/Consultant/Contractor and any sub-contractors shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of the resulting Contract/Purchase Order, if awarded. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of I year after the date of termination. The Contractor shall be liable for any additional costs incurred by the Town as a result of the termination of this contract. Vendor/Consultant acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: (a) all persons employed by Vendor/Consultant to perform employment duties within Florida during the term of the contract; and (b) all persons (including SUBCONTRACTORs/SUBVENDORs) assigned by Vendor/Consultant to perform work pursuant to the contract with the Department. The Vendor/Consultant acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the Town of Davie. By executing this form, I, , being duly authorized by and on behalf of, Contractor, verify Contractor's compliance with Section 448.095, Fla. Stat. I hereby declare under penalty of perjury that the foregoing is true and correct. Affirm: ❑ Revised: 8.4.21 Vendor or Contractor • • Interest Disclosure Statement -AM What Defines A Conflict Of Interest According To The Town: A. An officer, director, employee, agent, or other consultant of the Town or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with a grant of the Agreement with the Town or its Departments. B. There are undisclosed persons or entities interested with the Contractor in the Agreement. The Agreement is entered into by the Contractor with a connection with another entity or person making a proposal for the same purpose, and possibly with collusion, fraud or conflict of interest. Elected or appointed officer(s) or official(s), director(s), employee(s), agent(s) or other consultant(s) of the Town, or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or member of the immediate family or household of any of the aforesaid: 1.) Is interested on behalf of or through the Contractor directly or indirectly in any manner whatsoever in the execution or the performance of the Agreement, or in the services, supplies or work, to which the Agreement relates or in any portion of the revenues; or 2.) Is an employee, agent, advisor, or consultant to the Contractor or to the best of the Contractor's knowledge, any subcontractor or supplier to the Contractor. DISCLOSURE OF CONFLICT OF INTEREST VENDOR SHALL DISCLOSE BELOW, TO THE BEST OF HIS OR HER KNOWLEDGE, ANY TOWN OF DAVIE OFFICER OR EMPLOYEE, OR ANY RELATIVE OF ANY SUCH OFFICER OR EMPLOYEE AS DEFINED ABOVE AND IN SECTION 1 12.3135, FLORIDA STATUTES, WHO IS AN OFFICER, PARTNER, DIRECTOR OR PROPRIETOR OF, OR HAS A MATERIAL INTEREST IN THE VENDOR'S BUSINESS OR ITS PARENT COMPANY, ANY SUBSIDIARY, OR AFFILIATED COMPANY, WHETHER SUCH TOWN OFFICIAL OR EMPLOYEE IS IN A POSITION TO INFLUENCE THIS PROCUREMENT OR NOT. Revised: 8.4.21 Please indicate below if there is a Conflict Of Interest. (Please select one option) ❑ YES ❑ NO If you indicated yes above please list the names and relationships of those who you believe would lead to a conflict of interest in the space provided below Name: Relationship: By signing this document you are affirming that you have read and understood the terms, conditions, and information above. That all the information provided above is true and accurate. That the business associated with this application has not been debarred and does not have a conflict of interest in any manner as described above. That you have the proper authority to sign this document. Name & Title, Typed or Printed Authorized Signature Date Agenda Item #10. Registering for _ am. DEMANDSTAR DemandStar Al4k Building Communities. We are pleased to announce our membership in the DemandStar network. DemandStar is an online marketplace that connects our suppliers directly to the bids, quotes and RFPs that matter to them. DemandStar is open and accessible to all businesses and provides instant access to our solicitations. By registering for your complimentary DemandStar account, you will receive: • Instant access to bids, quotes and RFPs • Automatic notifications, right to you inbox, of bids that match the commodity codes you select • The ability to quickly view the contractual terms and scope of work • All the forms and documents you need in one place • Access to more government bids in neighboring cities, counties and states It's EASY! Get started with these 3 easy steps! REGISTER Create an Account with DemandStar Go to: You are one step away from picking your free government agency https://www.demandstar.com/registration [mail Address Your email address here compa"Name Your company name here I accept the DemandStar Terms of Use and Privacy Policy 2019 DemandStar°Corporation.All Rights Reserved. 206.940.0305 Page 355 of 702 Agenda Item #10. CHOOSE YOUR FREE AGENCY <-- Choose Your Free Agency Type in the name of the government Receive full access to the government agency of your choice and agency you'd like to add, for example receive advance notifications of new opportunities. "City of Metropolis"in the Search Box 0 City of�letropnlis Narrow down your search by selecting a state and county. Stde Comfy Select State • Select County • (] City of Metropiolis—Board of Commisioners 0 City of Metropolis Purchasing Metropolis Technical College CHECK OUT You have chosen Metropolis Technical College as your free agency. Add additional government agencies below for$25 per County, Check out with your FREE AGENCY Statewide and National subscriptions available. Registration by clicking "Skip for now"on the page where it gives you options to add additional counties and States Nation (0) States(0) Counties(0) Your Current Rate Total (0 subscriptions) $0lyear Skip for Now Visit www.demandstar.com %G ,10, 2019 DemandStar°Corporation.All Rights Reserved. 206.940.0305 Page 356 of 702 Agenda Item #10. O u ON O � 0 0 U u 4� 4 ) Lr) N DC w4-1 Page 357 of 702 Agenda Item #10. a a m r r a e e r fl � w a 6 6 4 4 � i• E � a � i34 s i8 u p u i µ m 0 l�A L N V) E .O r v E � v N O }, N -0 ca M � cn C: Q O N > O O (n U �O N c�i� W Page 358 of 702 Agenda Item #10. e y 3 8 h k P LU 4-1 P C p�p ggs d Z3 +- V) E Qj 4-' v .� O N ca ca u i Q ro — Ca N 0 �^ = � 0 •— O, -0 CO O +� }, O CL a) v Q � s O O � 'O _0 Co > O cn m cJ Page 359 of 702 Agenda Item #1 A 3 2 ro m {y V d g � R 3 5 � a qq N A Y CAS fl O a � d W W bD M Q L M c 4J N E O U a) a_ Q Z3 t -0 Q a-J m F � •> w +- o c� x W : p C w u Page 360 of 702 Agenda Item ■10. § } ) |/ 4© - ! ® - - in - ® - • ! , k f- § \ ` \ k | - 2 { - « | | 4 � ) ■ | | ` • ! i CL $ & | ! k 2 ! ■ ! % ; : § M \ 0--0 $ _ cu U � M .— e 4-0 o E Q � � U E ƒ CL _ . 4-JI E / -0 � 2 c -0 Q $ E o Ej - / Q w / j Z U M � o v a) !E � 0 0 o u QJ Ln \ \ ./ � . � 4-J ::3 o $ D = / �_ v E • u � O 0 0 � O � a D < -0 o -0 =3 .j IF Page 361 G 702 Agenda Item #10. iLi ■ 7 3 � 3 i AI K li g. Y g " F 3 � yy � i� q$ v d€ 7 4 m �u W L cr 1 O L +� O O O L O •— N = • U +- •'CII N aN-+ � � C •L • a O � U O Page 362 of 702 Agenda Item #10. x B F � 3 a W 0 N N 4-1 > U D N 4 Q v a) N U cn p N N as-J .0 Q- � oo aC'0� c 3: 3: " 0- °, w � v -C 0 (U =3 - +-, ova, 0 M }' E = v 0- 0 cE ° 0 N v ` � Q E "' 0a- > _0a) u > 3: -0 =30 N C N p O O C M p " Page 363 of 702 Agenda Item #10. Conference Call/Online Meeting Instructions Webex Event Instructions Link: https://help.webex.com/en-us/kwmm5eb/Join-a-Cisco-Webex-Event#id 17240 WebEx Meeting Instructions Links (Click appropriate link for instructions) Desktop: https://help.webex.com/en-us/nrbgeodb/Join-a-Webex-Meeting#id 134856 Mobile: https://help.webex.com/en-us/nrbqeodb/Join-a-Webex-Meetinq#id 135069 Web: https://helo.webex.com/en-us/nrbqeodb/Join-a-Webex-Meetinq#id 135013 Phone Only: https://help.webex.com/en-us/nrbgeodb/Join-a-Webex- Meetinq#id 134853 Page 364 of 702 Agenda Item #10. iTB#.RM-21-98 SECTION 5.0 BID FORM Bid Price Per Indicate any (%of AMM additional Index percentage for [Item No. published Agency hauling of Description price scrap to recycling paid to yard Town) Ferrous Metal ( y, --L4%ton Z Copper %lb 3. Aluminum /05 %lb 4. Stainless Steel /S %lb %per I 5' Brass(clean) �® %lb B' Brass(unclean) Ud %Ib 7. Lead !t> %lb Notes: 1. Basis of Award(the average of the five percentages=items 1 through 5/divided by 5=Total) C 3-L `fr 2. Alternate bids will not be considered Unless authorized in the ITS document. 3. The percentage retained by the vendor shall include all the costs associated with providing the services of this award. No additional costs shall be paid by the Town for material removal. 4. AMM Index is for October 2018(High Price)and consists of thefollowing: • Ferrous Metal,#1 Heavy Melt(911361&Mjjndex)-$/Gross Ton • Copper,No,2 heavy&wire(Atlanta)-Cents/Pound • Aluminum,Old sheet&cast(Atlanta)-Cents/Pound • Stainless,304 Solids clips Consumer(Pittsburgh)-Cents/Pound • Brass,Copper—Red Brass Solids(Atlanta)—Cents/Pound • Brass,Copper—Clean=without attachments;unclean-with attachments BID FORM CONTINUED ON NEXT PAGE 42 Page 365 of 702 Agenda Item #10. ITB#RM-21-98 E-SCRAP SERVICES(OPTIONAL) Bid Price Per(%of Indicate any items NOT AMM Index published Accepted by Firm price paid to Description Town) "Pick Ups" Towers(complete PC) I ,lb Hard Drives(wlboards) 4A I Laptops � y ' � lb % High Grade Serveffelecom it 0 /Q.-,'.�k boards lb Med.Grade boards Sb ` 16 lb Low grade boards , p 1b lb Power Supplies(internal) r %lb UPS back up(external) y f 1 �Ib Mouse\Keyboard ,rL L& %lb Printers 7—] N; U %lb h� 'orm s tired an c:~_ ;n:ire part of tre _.cder.Failure to sign this form is grounds d; By s: :ument, yc- a`frming that have read and understood the terms, :ded itation.T e tnformatin :rcvided above is true and accLrste.Tha., sci; -:-,t been de_, convictec �,blic entity crime,and does not have a as 0.:" r.n.Tnat yc_. a props; r si n this docur nest and the ability _... aterrr :onsherein. Firm Name: Authorized Signature: Authorized Signatory Name 7 ' Title: Seller agrees to accept the VISA Procurement card for paym ptional).Circle one: Y ' NO END OF BID FORM 43 Page 366 of 702 Agenda Item #10. ITB# RM-21-98 SECTION 6.0 REQUIRED FORMS • Provide a minimum of three (3) client references from recent similar transactions. 1) Name of Client Entity: Address. City/State/Zip: v Contact: Title: Email Address: Telephone: 5ycf `f Scope of Work: Description of Services Provided: 2) Name of Client Entity: �jtl�✓�f�— ifs Address. / © L�.! City/State/Zip: 1011Jr Contact: Title: a 4--(- Email Address: Telephone: Scope of Work: `' - Description of Services Provided: 4 � 3) Name of Client Entity: Address: 3 ,1G City/State/Zip: s- / Contact. Title: Email Address: ( � �� (� `C Telephone: Scope of Work: i� s Description of Services Provided: �/ n �i 45 Page 367 of 702 Agenda Item #10. ITB#RM-21-98 MOM Name of Firm: D te: Primary Contact Person for this IT V Primary Contact Person Email Address: G> ,_ J Primary Contact Person Phone Number: 1. How many years has your firm been in business under its present business name?: 2. Under what other former name(s) has your firm operated?: �r- 3. Have any similar agreements held by proposer for a similar project to the proposed project ever been canceled? Circle one: No Yes If yes, please explain: 4. Has the proposer or any principals of the firm failed to qualify as a responsible proposer, 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 five(5)years? Circle one: No Yes If yes, please explain: 5. Has the proposer or any principals of the firm ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Circle one: No Yes If yes, please explain and give date, court jurisdiction, action taken, and any other explanation deemed necessary: 6. Litigation/Judgements/Settlements/Debarments/Suspensions — Submit information on any pending litigation and any judgements and settlements of court cases relative to providing the services requested herein that have occurred within the last three (3) years. Also indicate if your firm has been debarred or suspended from biddingIor proposing on a procurement project by any government entity during the last five(5)years. 46 Page 368 of 702 Agenda Item #10. ITB#RM-21-98 SOURCEOF •R • How did you find out about this solicitation? Check all that apply: 1.www.davie-fl.gov t/ 2.www.demandstar.com Y 3.The Sun-Sentinel 5. Referral/word-of-mouth Specify Source: 6. Search Engine/Internet search 7. E-mail Specify Source: 8. Banner or Link on another website 9. Flyer, newsletter, direct mail Specify Source: 10. Other, Specify Source: Please note: This survey form is used for internal Procurement purposes only. 47 Page 369 of 702 Agenda Item #10. CERTIFICATE OF LIABILITY INSURANCE DAT 10/112DrYYYY) 10/1 r2o21 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Arthur J.Gallagher Risk Management Services, Inc. NAME: Arthur J.Gallagher&Co 300 S. Riverside Plaza, Suite 1900 PHONE c •949-349 9874 FAX No):949-349-9974 Chicago IL 60606 E-MAIL ADDRESS: certreguests@ajg.com INSURERS AFFORDING COVERAGE NAICA INSURER A:Starr Su[plus Lines Insurance Company 13604 INSURED SARECYC-01 SA Recycling LLC INSURER B:American Zurich Insurance Company 40142 2411 North Glassell St. INSURERC:Zurich American Insurance Company 16535 Orange, CA 92865 INSURERD: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:1981406999 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER LTR TYPE OF INSURANCE POLICYNUMBER POLICY EFF POLICY EXP MMIDD/YYYYI IMMfDDfYYYYI LIMITS RGEN'L MMERCIAL GENERAL LIABILITY Y Y 1000066717211 10/1/2021 10/1/2022 CLAIMS-MADE 15AMAGECH ToR RENTED $1,000,000 OCCUR PREMISES Ea occurrence $300,000 Al:SL023(6l11) MED EXP(Any one person) s Excluded PERSONAL a ADV INJURY $1,000,000 GREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 ICY ECT LOG PRODUCTS-COMP/OPAGG $2.000,000 ER: Deductible $250,000 C AUTOMOBIL.ELIABILITY SAP015272804 10/1/2021 10/1/2022 COMBINED SINGLE LIMIT $2.000,000 Ea acddentl X ANY AUTO OWNED HED BODILY INJURY(Perperson) S SCULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X AUTOS ONLY 'Y[LI AUTOS ONLY PROPERTY DAMAGE Per accident $ X ph s dam dea $5,000 Deductible $350,000 A UMBRELLIAB LIAB X OCCUR 1000337168211 10/1/2021 10/l/2022 EACH OCCURRENCE $350,00,000 X EXCESS CLAIMS-MADE AGGREGATE S20.000,000 IDEDT I RETENTIONS $ g AND EMPSCOMPENSATIONYERS'LIILFT VVC016272704 10/l/2021 10/1/2022 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER Ded_$750 000 OFFICE IMEMB RIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000.000 (Mandatory in BEREXCLUDED? N f A (Mandatory in NH) Ifyes,describe under E.L.DISEASE-EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 A Pollution Liability 1000066717211 10/1/2021 10/1/2022 Limit $1,000,000 Deductil $100,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is require Additional Insured/Primary/Waiver of Subrogation applies with repect to the general liability and auto policy,sper written contract.Umbrella follows form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Proof of Insurance AUTHORIZED REPRESENTATIVE - ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Page 370 of 702 Agenda Item #10. CERTIFICATE OF LIABILITY INSURANCE Fonr9/30/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Arthur J. Gallagher Risk Management Services, Inc. NAME: Arthur J.Gallagher&Co PHONE FAX 300 S. Riverside Plaza,Suite 1900 _( :949-349-9874 ac Not:949 349-9974 A1c Chicago IL 60606 ao Ress certreguests(cpaig.com INSURERS AFFORDING COVERAGE NAIL# INSURER A:Starr Surplus Lines Insurance Company 13604 INSURED SARECYC-01 INSURER a:American Guarantee and Liability Ins CO 26247 SA Recycling LLC 2411 North Glassel)St. INSURERC: Orange,CA 92865 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1475410468 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVQ POLICY NUMBER MM1DDNYYY MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 1000066717201 10/1/2020 10/1/2021 EACH OCCURRENCE S1,000,000 DAM a�ENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence S 300,000 X At:SL023(W 1) MED EXP(Any one person) S Excluded PERSONAL&ADV INJURY S1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY JET LOC PRODUCTS-COMP/OP AGG S2,000,000 El OTHER: Deductible 5250,000 B AUTOMOBILE LIABILITY BAP015272803 10/1/2020 10/1/2021 COMBINED SINGLE LIMIT S 2,000,000 Ea accident IX ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) S HIRED NCN-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Pr accientS h s dam ded $5.000 Deductible s 350,000 A UMBRELLALIAB [I OCCUR 1000337168201 10/1/2020 10/112021 EACH OCCURRENCE $20,000.000 X EXCESS LIAB CLAIMS-MADE AGGREGATE S 20,000,000 DED I I RETENTIONS S B WORKERS COMPENSATION WC015272703 10/1/2020 10/1/2021 X PER OTH- AND EMPLOYERS'LIABILITY Y 1 N STATUTE ER Ded:$750,000 ANYPRCPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERlMEMBEREXCLUDED7 MIA (Mandatory In NH)If yes,describe under E.L.DISEASE-EA EMPLOYEE $1,000.000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000.000 A Pollution Liability 1000066717201 10/1/2020 10/1/2021 Umit $1,000,000 Deductible $100.000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional Insured/Primary/Waiver of Subrogation applies with repect to the general liability and auto policy,as per written contract.Umbrella follows form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Proof of Insurance AUTHORIZED REPRESENTATIVE ©1988-2015ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 371 of 702 Agenda Item #10. Form W=9 Request for Taxpayer Give Form to the (Rev.October 2018) Identification Number and Certification requester.Do not nepartrnert of the Treasury send to the IRS. Inlernal Revenue Service I►Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown or your income tax return).Name is required on this line;do net leave this I m;blank. SA Recycling LLC 2 Business name/disregarded entity name,if different from above _ Mai 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to following seven boxes. certain entities,not individuals;see a instructions on page 3): Cp ❑ Individual/sole proprietor or ❑ C Corporation ❑S Corporation ❑ partnership ❑ Trust/estate ai single-member LLC Exempt payee code(if any) a o w'� ❑J Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► P o 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC it the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any) - another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that _CL 9 is disregarded from the owner should check the appropriate box for the tax classification of its owner. r' (U ❑ Other(see instructions)► (AppF'us fo xcow:l5 nmm:unu.d ouLx'd-tM:11.5.) fn 5 Address(number,street,and apt,or suite no.)See instructions. Requester's name and address(optional) v cn 2411 N Glassell St _ 6 City,state,and ZIP code Orange,CA 92865 7 List account number(s)here(optional) JUM Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN.However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see Now to get a TIN,later. or Note:If the account is in more than one name,see the instructions for line 1.Alsu see Wliat Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 3 1 2 1 2 1 2 3 6 9 JIM Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer Identification number(or i am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me That I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(&)entered on this form(if any)indicating that I am exempt from FA TCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later. Sign Signature of 1 .4 �t n/ r1 -- ------ Here U.S.person► V C/'f "�L�V � Date 1/4/21 General Instruc ions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) Future developments.For the latest information about developments .Form 1099-8(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormV,19. •Forrn 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1048(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •.Font, 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption taxpayer identification number(ATIN),or employer identification number •Form 1094-A(acquisition or abandonment of secured property) (EIN),to report on an information return the amount paid to you,or other Use Form VV-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples'of inforration alien),to provide your correct TIN. returns include,but are not limited to,the following. It you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subjcct to backup withholding.See What is backup withholding, later. Cat.No.10231 X Form W-9(Rev.10-201 n) Page 372 of 702 Agenda Item #10. 00223 12/29/20 C^��`Uf0catte of RegisltfraV.83601 Dt�-11 R.10/20 oil Issued Pursuant fo on;havter 212,Florida Statutes FLORIDA 16-8018235900-3 12/21/20 This certifies that Certificate Number Registration Effective Date SA RECYLCING SA RECYCLING LLC 1610 N POWERLINE RD POMPANO BEACH FL 33069-1623 has met the sales and use tax registration requirements for the business location stated above and is authorized to collect and remit tax as required by Florida law.This Certificate is non-transferable. Notify the Department I:nri-tedi3a2ly if You change y 9 submit a new rEyistral ion(online®r Papery your: • business name; when you: • mailing address; ° move your business location from one Florida • location address within the same County;or ° county to another; • close or sell your business_ add another location; You can also notify the Department when you o purchase or acquire an existing business;or change the form of ownership of your business. temporarily suspend or resume your business operations. The quickest way to notify the Department is by visiting floridarevenue.catm/temOS/updateBCCOUnt. OR-t rR,n.10/20 ���9 iFl®ri�9a Annual Resale Certificate for Sales Tax t7R �3 This Cerii•'ricaje Expires on December 31,2021 R.10/20 �L�t�dl®p Business Name and Location Address SA RECYLCING Certificate Number SA RECYCLING LLC 16-8018235900-3 1610 N POWERLINE RD POMPANO BEACH FL 33069-1623 8y extending this certificate or the certificate numberto a selling dealer to make eligibie purchases of taxable property or services exempt from sales tax and discretionary sales surtax,the person or business named above certifies that the taxable property or services purchased or rented will be resold or re-rented for one or more of the following purposes: • Rexle as tangibta personal property. ° Re-rental as commercial real r e ° Re-rental as tangible personal property. ° Incorporation into tangible Personal oP Incorporation as a material,ingredient or Resale of services. repaired. personal property being component part of tangible personal property ° Re-rental as transient rental ro elt, that is being produced for sale by manufacturing. Florida law provides for criminal and civil penalties for fraudulent use of a Florida Annual Resale Certificate.compounding,or processing. Page 373 of 702 Agenda Item #10. 0000001 03/16/_1 i -„ ; rrs ; Secondary Metals Recycler r a 0 FTCO)N0D CAPITAL SCRAP METAL LLC 1610 N POWERLINE RD POMPANO BEACH FL 33069-1623 has met the registration requirements of Chapter 538, Florida Statutes, at the listed business location as a Secondary Metals Recycler. —This certificate may not be assigned or transferred to another person or business activity. If you change your business name, mailing address, location address within the same county, or you close or sell your business, you must immediately notify the Department. The quickest way to notify us is online. Visit t`Iorridarevp.nue-CO MPcaxes/updateaccount to update your account online. When updating your account information, select"Sales and Use T'ai�" as the '7a,; Type." Your secondhand dealer or secondary metals recycler account information will automatically be updated. You must submit a new Registration Application for Secondhand Dealers and Secondary Metals Recycle rs (Form DR--I S) if: • The ownership of your business changes; or, • You move your business location from one county to another county. When the business ownership changes, each business owner, officer, member, director, partner, and stockholder with a controlling interest in the business must undergo a criminal history record check. If you relocate your business from one county to another and the business ownership does not change, no additional record checks are required; however, you must register your new location before you cancel your current registration. If you need more information, visit our website or call Taxpayer Services at 850-488-6800, Monday through Friday, excluding holidays. �e'PC�rO�c`1,L0;' ®fl' �G(�J��LtPc?3i'.B®0"ll �F;_;•;r iGsuGd Purzu8nt g®Chap-ter 5 catc : 16-8016239698-5 Effective date: 09/01/20 CAPITAL SCRAP METAL LLC Expiration Date:09/30/21 1610 N POWERLINE RD POMPANO BEACH FL 33069-1623 L©caeion r�t�wlYe55o 1610 N POWERLINE RD POMPANO BEACH FL 33069-1623 Page 374 of 702 Agenda Item #10. BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S.Andrews Ave., Rm. A-100. Ft. Lauderdale, FL 33301-1895—954-831-4000 VALID OCTOBER 1,2021 THROUGH SEPTEMBER 30,2022 DBA: Receipt#:339-15512 Business Name:5A RECYCLING Business Type:ALL OTHERS (RETAIL) Owner Name:SA RECYCLING LLC Business Opened:10/01/1981 Business Location:1610 N POWERLINE RD State/County/Cert/Reg: POMPANO BEACH Exemption Code: Business Phone:954-972-1111 Rooms Seats Employees Machines Professionals For Vending Business Only Number of Machines: Vending Type: ��45 unt Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total Paid.00 0.00 0.00 0.00 0.00 0.00 45.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and is non-regulatory in nature.You must meet all County and/or Municipality planning WHEN VALIDATED and zoning requirements. This Business Tax Receipt must be transferred when the business is sold, business name has changed or you have moved the business location.This receipt does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. Mailing Address: SA RECYCLING 1610 N POWERLINE RD Receipt #WWW-20-00220343 POMPANO BEACH, FL Paid 07/08/2021 45.00 33069-1623 2021 - 2022 BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S.Andrews Ave., Rm. A-100, Ft. Lauderdale, FL 33301-1895—954-831-4000 VALID OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2022 DBA: Business Name: SA RECYCLING Receipt#:339-15512 Business Type:ALL OTHERS (RETAIL) Owner Name:SA RECYCLING LLC Business Location: 1610 N POWERLINE RD Business Opened: POMPANO BEACH State/County/CertrUR/Reg: Business Phone: 954-972-1111 Exemption Code: Rooms Seats Employees Machines Professionals Signature Number of Machines: For Vending Business Qniy Tax Amount Transfer Fee Vending T e: NS 45.00 F Fee Penalty Prior Years Collection Cost Total Paid 0.00 0.00 D.001 0.00 0.00 45.00 Receipt #WWW-20-0 4 02 Paid 07/08/2021 45.00 Agenda Item #10. Revised: 8.4.21 Is this a form being filled out as a new application or an update to an existing application? New Application ❑ Updating Application Vendor Name: (Business Name Registered With The State OR Full Name If An Individual) Mailing e Addrss: � Remit to Address (If Different from Mailing Address): Contact Na. e: In Telephone: Federal Tax ID Number: Fax Number: Company Email Address: Business Website (If Applicable): Emergency Contact Information_ Please enter information the Town can use to contact you for disaster or emergency services below Name Contact Information Agenda Item #10. Revised: 8.4.2 V Have you been awarded any government contracts recently or in the past? If yes, please list the contract#'s, the agency, the service provided , and if it is still active. Products & Services In the space provided below please indicate any product or services that your firm provides �- I Agenda Item #10. r� Revised: 8.4.21 I. If the contract or business transaction is with a company, the full legal name and business address shall be provided for each officer and director and each sto ckholder who direct) or indire ctly ectly holds five percent (5/) or more of the corporation's stock. If the contract or business transaction is with a trust, the full name and address shall be provided for each trustee and each beneficiary. All such names and address are as follows (Post Office addresses are not acceptable): I Full Legal Name j Address Ownership % (1), 2. The full legal names and business addresses of any other individual (othe r r than subcontractors, materialmen, suppliers, laborers, and lenders) who have, or will have, any legal, equitable, or beneficial interest in the contract or business transaction with the Town are as follows (Post Office addresses are not jacceptable): Full Le al Flame Address I 2 Agenda Item #10. _ Revised: 8.4.2 0 3. The officers of the Corporation are as follows: Name Address President: ] f �.. L 1� i1. (r Vice President: Secretary: Treasurer: Registered Agent: a I - P^gP 379ot-7-10, Agenda Item #10. Revised: 8.4.21 �' vy • v does not: A any a e 1. Participate in a boycott of Israel: and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. Affirm: Agenda Item #10. — Revised: 8.4.21 Company/FirmName: ' Vendor/Consultant/Contractor and any sub-contractors shall comply with Section 448.095, Fla. Stat., "Employme t Eligibility," including registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of the resulting Contract/Purchase Order, if awarded. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of I year after the date of termination. The Contractor shall be liable for any additional costs incurred by the Town as a result of the termination of this contract. Vendor/Consultant acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: (a) all persons employed by Vendor/Consultant to perform employment duties within Florida during the term of the contract; and (b) all persons (including SUBCONTRACTORs/SUBVENDORs) assigned by Vendor/Consultant to perform work pursuant to the contract with the Department. The Vendor/Consultant acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the Town of Davie. By executing this form, I, � �'� being duly authorized by and on behalf of, Contractor, verify Contractor' ompliance with Section 448.095, Fla. Stat. I hereby declare under penalty of perjury that the foregoing is true and correct. Affirm: Agenda Item #10. -- -- - -- --_ _ _ Revised: 8.4.21 Certification Regarding Debarment, Suspension And Other Responsibility Matters TO BE COMPLETED BY PROSPECTIVE VENDOR A. The prospective Vendor certifies that it and its principals (subcontractors and suppliers): I. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or involuntarily excluded by any Federal, State, County, City or Town or other government agency; 2. Have not within a three (3) year period preceding this bid proposal been convicted of or had a civil judgment entered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, City or Town of other local agency) transaction or contract;violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) within commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three (3) year period preceding this bid proposal had one or more public contracts (Federal, State, City or Town or other agency) terminated for cause or default. B. Where the prospective Vendor is unable to certify to any of the statements in this certification, an authorized signatory to this proposal shall complete, sign and attach a detailed explanation. Affirm: I Agenda Item #10. Revised: 8.4.21 Please indicate below if there is a Conflict Of Interest. ❑ YES rN 0 If you indicated yes above please list the names and relationships of those who you believe would lead to a conflict of interest in the space provided below Name: Relationship: By signing this document you are affirming that you have read and understood the terms, conditions, and information above. That all the information provided above is true and accurate. That the business associated with this application has not been debarred and does not have a conflict of interest in any manner as described above. That you have the proper authority to sign this document. Name& Title, Typed or Printed 6� (f(J {`r� C/'' L Authorized Signatur Date Gj(svw r age Agenda Item #10. SCRAP FETAL RECYCLING CO-OP PROGRAM 1. when you are ready for a pick up of any material or to schedule a roll off container, please send a-mails to the following: Selejalde@sarecycling.com sweinberg@sarecycling.com 2. Include in subject line the City Name and Department. 3. In the body of the e-mail the following information is required: Location address with availability days and hours and the following- Contact name and direct phone number(for confirmation). Type of material (ex. Steel (large or small pieces), brass meters, stainless steel, aluminum, copper, wire, e-scrap, etc.). Type of container the material is in (ex. 55 gal. drum,small hopper, boxes, pallets), or loose on the ground.This will help us determine what type of transportation\trucking is needed (ex. Roll off container, Flatbed truck, Box truck,48' trailer, etc.) 4. we will then follow up with the contact person within 24 hours or sooner to make pickup or drop off schedule. 5. After pick up, material will be graded and weighed and a detailed receipt will be created with the type of material, gross weights, net weights, and price per pound or net ton.These receipts will be included with payment to each City\Dept. as directed, on a monthly basis 6. if there are any questions or concerns, please contact Steve Weinberg at 561-322-6510.The Dispatch Dept. can be reached at 954-856-6118. There is no charge for the pickups of material by SA Recycling, unless it is for a special circumstance, where a infra-pdi ty trucker is needed for transportation (i.e. large AC unit off of a roof of an Agency building,where a crane is needed to load oversized and overweight(up to 40,000 lbs.), material on a large 48'trailer, heavy duty tow truck to move heavy vehicles like a bus or truck, etc.). A quote will be provided for any third-party trucking needs and those costs will be deducted from the recovery fee. Page 384 of 702 %Qyaip,�.y#aim #10. DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/21/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Arthur J.Gallagher&Co Arthur J. Gallagher Risk Management Services, Inc. PHONE FAX 300 S. Riverside Plaza, Suite 1900 A/C No Ext: 949-349-9874 A/c,No:949-349-9974 Chicago IL 60606 ADDRESS: certrequests@ajg.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Starr Surplus Lines Insurance Company 13604 INSURED SARECYC-01 INSURERB:American Zurich Insurance Company 40142 SA Recycling LLC 2411 North Glassell St. INSURERC:Zurich American Insurance Company 16535 Orange, CA92865 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1686362256 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY Y 1000066717211 10/1/2021 10/1/2022 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $300,000 X Al:SL023(6/11) MED EXP(Any one person) $Excluded PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 XElPOLICY PRO LOC PRODUCTS-COMP/OP AGG $2,000,000 JECT OTHER: Deductible $250,000 C AUTOMOBILE LIABILITY BAP015272804 10/1/2021 10/1/2022 COMBINED SINGLE LIMIT $2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X pt dam ded $5,000 Deductible $350,000 A UMBRELLALIAB X OCCUR 1000337168211 10/1/2021 10/1/2022 EACH OCCURRENCE $20,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $20,000,000 DED RETENTION$ $ B WORKERS COMPENSATION WC015272704 10/1/2021 10/1/2022 X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER Ded:$750,000 ANYPROPRIETOR/PARTNER/EXECUTIVE [-W] E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Pollution Liability 1000066717211 10/1/2021 10/1/2022 Limit $1,000,000 Deductible $100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Bid Number:ITB-RM-21-98;Scrap Metal Recycling-Coop REVENUE. Town of Davie is an additional insured with respect to General Liability Coverage as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Town of Davie 6591 Orange Drive Davie FL 33314 AUTHORIZED REPRESENTATIVE i@ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 385 of 702 Agenda Item #10. POLICY NUMBER: 1000066717211 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work, on the project (other than service, with respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or in part, by: location of the covered operations has been 1. Your acts or omissions; or completed; or 2. The acts or omissions of those acting on your 2• That portion of "your work" out of which the behalf; injury or damage arises has been put to its intended use by any person or organization in the performance of your ongoing operations for other than another contractor or subcontractor the additional insureds) at the location(s) engaged in performing operations for a designated above. principal as a part of the same project. However: 1. The insurance afforded to such additional C. With respect to the insurance afforded to these insured only applies to the extent permitted by additional insureds, the following is added to law; and Section III—Limits Of Insurance: 2. If coverage provided to the additional insured is If coverage provided to the additional insured is required by a contract or agreement, the required by a contract or agreement, the most we insurance afforded to such additional insured will pay on behalf of the additional insured is the will not be broader than that which you are amount of insurance: required by the contract or agreement to 1. Required by the contract or agreement; or provide for such additional insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury" or applicable Limits of Insurance shown in the "property damage" occurring after: Declarations. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Page 386 of 702 Agenda Item #10. POLICY NUMBER: 1000066717211 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Location And Description Of Completed Organization(s): Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to required by the contract or agreement to include as an additional insured the person(s) or provide for such additional insured. organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or B. With respect to the insurance afforded to these "property damage" caused, in whole or in part, by additional insureds, the following is added to "your work" at the location designated and Section III—Limits Of Insurance: described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and included required by a contract or agreement, the most we in the "products-completed operations hazard". will pay on behalf of the additional insured is the However: amount of insurance: 1. The insurance afforded to such additional 1. Required by the contract or agreement; or insured only applies to the extent permitted by 2. Available under the applicable Limits of law; and Insurance shown in the Declarations; 2. If coverage provided to the additional insured is whichever is less. required by a contract or agreement, the insurance afforded to such additional insured This endorsement shall not increase the applicable will not be broader than that which you are Limits of Insurance shown in the Declarations. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Page 387 of 702 Agendaem #10. Detail by FEI/EIN Number D.vISION OF CORPORI TIONS Dryer aJ rg wj offiriM 3tae of Flrrrkla ►utfWir Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / Detail by FEI/EIN Number Foreign Limited Liability Company SA RECYCLING LLC Filing Information Document Number M20000010759 FEI/EIN Number 74-3222369 Date Filed 11/19/2020 State DE Status ACTIVE Principal Address 2411 N GLASSELL STREET ORANGE, CA 92865 Mailing Address 2411 N GLASSELL STREET ORANGE, CA 92865 Registered Agent Name&Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Authorized Persons) Detail Name&Address Title MBR ADAMS, GEORGE 462 N CARLISLE PLACE ORANGE, CA 92869 Title AP JOHNSON, TESHA 955 E BROADWAY ANAHEIM, CA 92805 Title MBR SWEETMAN, MARK Pa https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNumber&directionType=Initial&searchNameOrdeer=98 F f 1/22 AgendaNem #10. Detail by FEI/EIN Number 10981 LAKE CT ROAD N. TUSTIN, CA 92705 Annual Reports Report Year Filed Date 2021 01/28/2021 Document Images 01/28/2021 --ANNUAL REPORT View image in PDF format 11/19/2020--Foreign Limited View image in PDF format Florida Department of State,Division of Corporations Pa https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNumber&directionType=Initial&searchNameOrdeer=982�P3F .. 2/22 Agenda Item #10. TOWN OF DAVIE TOWN COUNCIL AGENDA REPORT Item Number:7. To: Mayor and Councilmembers From: Brian O'Connor,Procurement Manager,C.P.M. Prepared By: Rebecca Moreau,MPA,NIGP-CPP,CPPB,Procurement Coordinator-Purchasing Subject: Resolution Affected Town Wide District: Item Request Schedule for Council Meeting Title of BID SELECTION-A RESOLUTION OF THE TOWN OF DAVIE,FLORIDA,ACCEPTING THE BID FROM SA Agenda Item: RECYCLING LLC IN ACCORDANCE WITH ITB 9RM-21-98 SCRAP METAL RECYCLING—COOPERATIVE REVENUE CONTRACT ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP;PROVIDING FOR CONFLICT;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. Executive The Town is in need of scrap metal recycling/disposal services,and e-scrap recycling services on an as-needed basis and for various projects. Summary: The Town,acting as the lead agency for the Southeast Florida Cooperative P urchasing Group,solicited sealed bids for such services pursuant to ITB#RM-21-98. One response was received and the highest percent per AMM index bid rates were from SA Recycling LLC. The initial contract is for aperiod of one(1)year,starting on January 02,2022.In addition,the Town reserves the right to renew the contract for two(2)additional two(2)year periods. Renewals will be handled administratively. Key Points: • This is a revenue contract for the removal,recycling disposal of scrap metals,including e-scrap,on an as needed basis and for various projects. • The Town of Davie was the lead agency for this effort on behalf of the Southeast Florida Cooperative Purchasing Group in the bid document. • The contract term is one(1)year,starting on January 02,2022,with the option to renew the contract for two(2)additional two(2)year periods to be handled administratively. Previous Actions: Concurrences: Fiscal Impact: Has request been budgeted? N/A If yes expected cost: Account name and number: If no,amount needed: Account name funds will be appropriated from Additional Comments The revenue account will be determined based on the type of metal scrap that is sold. Recommendation: Motion to approve Strategic Goals This Item Supports: ATTACHMENTS: File Name Description O IT&RIv4-21-98 Resolution.docx RESO D 1-PAF.pdf PAF Page 390 of 702 Agenda Item #10. ❑ 2-Ad_Affida\it.pdf AdAtfida�it ❑ 3Bid_Opening_Report.pdf Bid Opening Report ❑ 4-Tabulation.pdf Tabulation O 5-ITB-RM-21-98_Notice of Intent to_Award.pdf ITB-RM-21-98 Notice of Intent to Award ❑ 6-ITB-RM-21-98_Solicitation.pdf ITB-RM-21-98 Solicitation ❑ 7-ITB-RM-21-98_SA_Recycling_Response.PDF ITB-RM-21-98 SA Recycling Response ❑ 8-Scrap_Metal_Contract_Program_Procedures.pdf Scrap Metal Contract Program Procedures ❑ 9-00I.pdf COI ❑ 14Sunbiz.pdf Sunbiz Page 391 of 702