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Home My WebLink AboutAgreement_General_11/9/2023_SA Recycling, LLCEXHIBIT A Town of Davie ContractRenewal 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 Town Contract #: ITB-RM-2 I -98 Scrap Metal Recycling - Coop REVENUE LeadAgencyName:Lead Agency Solicitation#: Town of Davie ITB-RM-2 I -98 LeadAgencySolicitation TitleName:ScrapMetalRecycling - Coop REVENUE Lead Agency ContractAward Date: 01/02/2022 Town Award Resolution(s) #: 2021-331 : Annual Contract N/A-Revenue Current Contract Term: 01/02/22-01/01/2023 Amount Company Name: SA Recycling, LLC 1610N Powerline Rd Address: Pompano Beach,FL 33069 Company Contact Person: Steve Weinberg, Sr.Regional Buyer-Commercial\\Industrial Phone #: (954) 972- 1111 Email: sweinberg@sarecycling.com Description of Services: Scrap metal recycling, disposal, and e-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. I Revised:9.23.2 I 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: N Beginning Date of ew End Date of New 01/01/2025 01/02/2023 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 Contractor AuthorizedSignature Date Name and TitleofPersons Signing Steve Weinberg x Date Town of Davie Deptment Darirector or Designee Name and Tide of Person Signing Authorized Signature Date | I William Ackerman, Budget and Fin. Dir. 11/30/22 Town ofDavie Procurement Manageror Designee Date, Name andTitleof Person SigningsAuthorizedSignature Town of Davie Town Administrator or Designee NameandTitle of PersonSigning ' AuthorizedSignature Date 3 Revised: 9.23.21 RESOLUTIONNO. R 2021 -331 A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FROM SA RECYCLING LLC IN ACCORDANCE WITH ITB #RM-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 PROV1DIN G FOR AN EFFECTIVEDATE. recycling WHEREAS, the Town ofDavie is in need of scrap metal 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 COU NC1L 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 re1ative to the subjects and matters set forthin this Resolution. Section 2. The Town Council of the Town of Davie does herebyaccept the bid from SA Recycling LLC. Section 3. The contract tern 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 Section 4. Cone of Silence. Upon approval of the Mayor and Council,pursuant to Town Code Section No. 2-320, the Conc of Silence is hereby terminated. Section 5. Conflict. All resolutions or parts 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 to 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. th PASSEDANDADOPTED THIS17DAYOFNOVEMBER,2021. ATTEST: TOWN CLERK MAYOR/COUNC1L MEMBER th APPROVEDTHIS 17DAY OF NOVEMBER, 2021. Approved astoformandlegality. TOWNATTORNEY R 2021-331 Town of Davie Procurement Authorization Form Department: Name: Phone # Budget& FinanceBrian K. O'Connor 954-797-1016 ItemDescription(includewhattheitemisusedfor,reasonforbidding,expirationdateof 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 chis solicitation. Vendor (If no vendor use Vendor #9924 Out to Bid): Open CompetitiveBidding Vendor #: Name: ITB# 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 BudgetedAmount: $0.00 or Dependenton usage within establishedbudget. 1. AdvertisementPeriod: 21 days All bids need to beadvertised a minimumof 2 days andtypicallydo not exceed 30days 2. Project Location: N/A 3. Is this project Grant related:YES NO 4.SubstantialCompletionofprojectshallbeinN/AcalendardaysafterNotice to Proceed. project Final Completion of shall be in N/A calendar days after Substantial Completion. S. Do you want to require Liquidated Damages?YES NO 6. List Special Licenses/Certifications vendors are required tohave: N/A 7. Do you want a Pre-BidMeeting? YES NO If yes,doyouwant it toYES NO be Mandatory? Page 1 of 2 Purchasing Division —6591 Orange Drive Davie,FL —Tel: 954-79 7-1 016 E-mail:purchasing@davie-fl.gov 3331 Revised:8.5.2 I 8.Do you want a SiteVisit?YESNO 9. Is therean Outside Entity assisting withYESNO chis bid (ex: Architect, Engineer, Consultant)! 10. Are there Plans associated withYESNO this bid? (Purchasing will need an electronic copy) 11. Are bonds required for this solicitation! YESNO Whatkindofbondisrequired! con 12. Doesthis bid work in withor willYES NO junction it impact any other Department? (Example: IsthisrequestIT related?) The listed Department Director(s) will also need to review the specifications and sign in the additional areas provided below. 13. Project/ContractManager(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 co (Email Addresses are Required): sweinberg@sarecycling.comtrentadue@lglrecycling.com; americanscrap3@gmaiI.com; ; j info@deltascrapmetal.com;powerlinescrap@act.nec; SANDY@DANIASCRAP.COM; ebailly@glescrap.com 16. Hasthis type of solicitation been donebefore!YESBid/RFP/RFQ Number:ITB-CS-19-11 17. Doesthe Award of this solicitation needto be approvedby anotherbodyYesNo (FDOT, LAP, and CDBG ect.) before submitting the item for Town Council approval? William Ackerman Department Director Approval: Date: 9/23/2021 2021.09.23 08:54:fi9 -04’00' Digitally signed by Brian O’Connor Procurement Manager Approval: Brian O'Connor Date: Daie: 2021 09 23 04:4913 -04’00’ Budget & Finance Approval: Date: Town Administrator Approval: Date: Page 2 of 2 Purchasing Division— 6591Orange Drive Davie,FL 33314 — Tel:954-79 7-1 016 E-mail: purchasing@davie-fl.gov Revised:8.5.2 I SUN-SENTINEL Sold To: Town ofDavi e – CU00107157 6591 OrangeDrive 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 Gates, 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/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11745-Other Legal 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 ha› been entered as second clues matter at the port 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. ‘-'i“ Signature of Affiant Sworn to and subscribed beforeme this: October 28, 2021. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known(X) or Produced Identification ( ) Affidavit Delivery method: U.S. Mail Affidavit Email Address: 7037399 SUN-SENTINEL ITB: RM-21-98 TOWN OFDAVIEITBNO. RM-21-98 INVITA- TION TO BID Scrap MetalRecycling -CoopREVENUE Dear Potential Bidder: The Town of Davie, Floridainvites quali fied contractors to submit responses in accordance withthe requirements stated herein no laterthan 02:00 PM EST on Thursday September 30, 2021, for ITB NO RM-21-98 Scrap Metal Recycling — Coop Revenue. Interested firms maysecurethe solicitation package and all other pertinent informationby visiting http://www.davie-fl.gov/bids or at DemandStar.com Pursuantto TownCode SectionNo. 2-320 and section 1.50 ofthe terms and conditions, a Cone of silence is hereby imposed onthis solicitation. The cone shall be in effectuntilsuch timeofaward by theTown Administratoror theTown Mayor and Council. A Non-Mandatory Pre-Bidconferencewill be held on Thursday September 16, 2021 at 10:00 AM EST via conference call or via onlinemeeting. Meeting Information Meeting link: https://daviepurchasing. webhex.com/daviepurchasing/j.php?MTID =m6739956b8c76f0c4c3554930ac6be5a8 Meeting number: 2347273 9830 Password: NAqp2fJY2b3 More ways to join Join by video stream DiaI 23472739830@daviepurchasing.webex.com You can also diaI 173.243.2.68 and enter yourmeeting number. Joinbyphone +1-408-418-9388 United States Toll Access code: 23472739830 Questionsregarding this solicitationshaII be submitted inwriting to bids@davie-fl.gov no Interthan5:00 PMonSeptember22,2021.Responses to those questions consideredmaterialto desolicitation will be made available as formaladdenda to the Town‘s Procurement website and DemandStar.com. It is the responsibility of prospective bidders toensurethey are aware of all addenda issuedrelative to thissolicitation. Biddersshall 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- fI.gov/411/Procurement for general public information and posting requirements. Late submissions shall not be accepted. SUN-SENTINEL Bidresponseswill bepublicly opened and firm names readaIoudintheTown Hall CouncilChambers,6591 Orange Drive, Davie,FL 33314,after the due date/time noted above. Requirements (in relationto theCOVID-19 Pandemic): Inform guard upon entry of attendance to this meeting The Town ofDavieis requiring all visitors to its indoorfacilities to weara mask.Therule appliestoallindividuals regardless of vaccination status. Members ofthe publicmay still attend virtually by phone or online. Please see Below for virtualmeeting information: Meeting Information Meetinglink: https://daviepurchasing.webex.com/daviepurchasin g/j.php?MTID=m07fcb68de3330069a5cc360afb4fbf752 Meeting number: 2334 3710649 Password: 6P3Gubmig33 Moreways to join Join by videosystem Dial23343710649@davie.purchasing.webex.com You canalso diaI 173.243.2.68and enter yourmeetingnumber.Join by phone +1-408-418-9388 UnitedStatesToll Access code: 2334 371 0649 The selectionof be successfulbidder(s) shall beat the Town's discretion and shall be madeina prompt mannerafterthe re- ceipt andevaluation of allITBresponses. The Town of Davie reserves the right to reject any andallsubmissions, to waive any and all irregularities inany submis- sion andtomake awardsinthe best interest of the Town. Persons with disabilities requiring accom- modationsin order to participateshould contact the Town Clerk at 954-797- 1023 at least forty-eight (48) hours prior to the meetingto requestsuch accommodation. If you are hearing or speechimpaired, pleasecontactthe FloridaRelay Service by using the following numbers: 1-800- 955- 8770 (voice)or 1-800-955-8771 (TDD). BrianK.0’Connor Procurementmanager Town of Davie Pursuant to FloridaStatutes 119.071, sealeI bids, proposaIsor repIies byan agency pursuant to a competitive solicitation are exempt from inspection until such time as the agency provides notice of an intendeddecisionor untilthirty (30) daysafter the openingof thebids, proposaIs, or final replies, whichever is earlier. Pursuant to FloridaStatute § 286.0105, if a person decidesto appeal an decision made by this board, agency, committee, orcouncilwith respecttoany matter consideredat such meeting orhearing, S UN-SENTINEL he or she will need a record of the proceedings. Forsuch purpose he orshe will needtoensurethata verbatimrecordof theproceeding is made, which record includesthe testimony and evidence upon which the appealis to be based. 9/11/217037399 Order # —7037399 Bid Opening Report Agency Name Town of Davie Bid Number Bid ITB# RM-21-98-0-2021/RMO BidNameScrapMetalRecycling - CoopREVENUE Bid Due Date 09/30/2021 14: 00: 00 Eastern Bid Opening Closed 1 responses found. online, .. offline, • not submitting, ! not received Company Responded Address Bid Amount Alt Bid Amount Declared DocumentsSent Attributes Complete Pompano 80.0000 0.0000 1. SA 09/29/202 1 12:Complete Bid Beach, FL, Recycling 11 : 09 Eastern Package w/ 33069 required forms NOTE: THE BID AMOUNTS NAVE NOT BEEN CHECKED, AND BID TOTALS ARE SUBJECT TO VERIFICATION AFTER TNE BIDS NAVE BEEN COMPLETELY REVIEWED. THIS IS ONLY A FINANCIAL RANKING OF ALL THE BIDS RECEIVED. TNE USING DEPARTMENT IS RESPONSIBLE FOR REVIEWING THE BIDS FOR COMPLIANCE WITH ALL THE BID SPECIFICATIONS PRIOR TO SUBMITTAL OF LETTER OF RECOMMENDATION Town of Davie ITB# RM-21-98 Scrap Metal Recycling - Coop REVENUE Bid Opening Date: Purchasing Division Tabulation September 30, 2021 at 2:00pm SA Recycling BidPricePer Indicate any (% of AMM Index additional Item Published Description percentage for No. price paid to Agency hauling of Town) scrap to recycling yard Ferrous Metal 1 80 % ton Copper108%1b Aluminum 3 105 % Ib Stainless Steel 4 75 % Ib NO CHANGE IN % per Brass (clean) 5 100 %1b Brass (unclean) 80 % Ib 7 Lead 70% Ib E-SCRAP SERV/CES (OPTIONAL) SA Recycling Bid Price Per (% of AMM Index published Item Indicate any itemsRIOM price paid to Description Accepted by Firm No. Town) “Pick L/Ps" Towers (complete PC) 1 0.12% Ib Hard Drives (w\\boards) 0.40% Ib Laptops 0.30% Ib 4 High Grade Server\\Telecom boards 1.00% Ib Med. Grade boards 5 0.50% Ib NOTE fromVendor: AMM does not track e-scrap, it is Low grade boards 6 0.10% Ib calculated per pound 7 Power Supplies (internal) 0.15% Ib 8 UPS back up (external) 0.12% Ib 9 Mouse\\Keyboard NO VALUE %1b 10 Printers NO VALUE % Ib Town of Davie Notice of Intent: Award Date: October 20, 2021 Solicitation#: ITB-RM-21-98 Item/Service:ScrapMetalRecycling-CoopREVENUE AwardedTo: SA Recycling,LLC Attached areapparent lowbid(s)and atabulation for subject items/servicesrequisitioned byyourdepartment. Pleasecomplete theapplicable portions ofthisform inorderthatproperpresentation andrecommendations maybemade.Please returnthisformtothePurchasingDivision assoonaspossible. Procurement Comments: TheTown received one (1) bidresponse. Whichbidsdo yourecommend? SA Recycling,LLC Does this meet the specifications as per your 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. William Ackerman Department Director Signature: Date: 2021.10.20 16:10:42 -04'00’ or Designee P rocurement Digitally signed by BrianO'Connor Signature: Date: Brian O'Connor Date: 2021.10.20 1ñ:37:39 -04’00' Manager Revised4.29.202 1 ITB# RM-21-98 CompanySubmittingBid INVITATIONTOBID RM - 21 - 98 ITB NO. TITLE Scrap Metal Recycling - Coop REVENUE AVAILABLE Wednesday, September 08, 2021 Thursday, September 16, 2021 at 10:00 AM EST NON- MANDATORY PREBID Meeting Information CONFERENCE Meeting link: https://daviepurchasing.webex.com/daviepurchasing/j.php?MTID=m6739956b8c76f 0c4c3554930ac6be5a8 Meeting number: 2347 273 9830 Password: NAqp2fJY2b3 More ways to join Join by video system Dial 23472739830@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 DUE DATE 02:00 PM EST on Thursday, September 30, 2021 DEMANDSTAR SUBMITTO BONDS N/A Download Bid InformationforFreeat:https://www.davie-fl.gov/bids Town of Davie Supplier Central: https://www.davie-fI.gov/877/SuppIier-Central ITB# RM-21-98 TOWN OF DAVIE ITB NO. RM-21-98 INVITATION TO BID Scrap Metal Recycling - Coop REVENUE Dear Potential Bidder: The Town of Davie, Fiorida 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 toTown Code Section No. 2-320 and section 1.50 of thetermsandconditions,a Cone of Silence ishereby imposed onthis solicitation. The cone shall be in effect until such time of award by the Town Administrator or the Town Mayor and Council. A N on-Mandatory Pre -Bid Conference wiII beheld onThursday, September16,2021at10:00AMESTviaconferencecallor viaonlinemeeting. Meeting Information Meeting link: https://daviepurchasing.webex.com/ daviepurchasing/j.php?MTl D=m6739956b8 c76f0c4c 3554930ac6be5a8 Meetingnumber: 2347 273 9830 Password NAqp2fJY2b3 More ways to join Join by video system Dial 23472709930@daviepurchasinq.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@davie-fl.gov no later than 5:00 PM on September 22, 2021. Responses to those questions considered material to the solicitation full 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 rea d 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://daviepurchasing.webex.com/daviepurchasing/j.php?MTl D=m07fcb68de3330059a5cc360afb4fb752 Meetingnumber: 23343710649 Password: 6P3Gubmig33 Moreways to join Joinbyvideosystem Dial 23343710649@daviepurchasi 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 Toil Accesscode: 2334371 0649 Timeselection of the successfulbidder(s) shall be at the Town's discretion andshall be made in a prompt manner after like receipt and evaluation of all ITB responses. Time 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 954-737-1023 at least forty-eight (48) hours prior to like 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 -800-955-8774 (TDD). Brian K O‘Connor Procurement Mana ger 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 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ITB# RM-21-98 SOUTHEASTFLORIDA GOVERNMENTAL PURCHASINGCOOPERATIVEGROUP TO OU R P ROSP E CTI V E CONTR ACTORS: The attachedInvitationforBid orRequestfor Proposal represents a cooperative procurement forthe Southeast Florida Governmental Purchasing Cooperative Group. For the past severalyears,approximately forty-five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative Group wasmarred in an effort to provide cost savings and cost avoidances to allentities byutilizing 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 FloridaGovernmental Purchasing Cooperative GroupProcurement Operational Procedures: •Allquestionsconcerning this procurementshould beaddressedto the issuing agency, hereinafter referred to as the lead agency”. All responses are to 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 1ead agency. •Each participatinggovernmental entity willbe responsible for awarding thecontract,issuingits own purchaseorders, and for order placement. Each entity will require separate billings,be responsible for payment to the Contractor(s) awarded this contract, and issueits owntaxexemption certificates as required lay the Contractor. •The Contract/purchase order terms of eachentity will prevail for the individual participating entity. Invoicing instructions, delivery 1ocations and insurance requirementswillbe in accordance withtherespectiveagency requirements. •Any reference in the documents to a single entity or location will,in fact, be understood as referring to all participating entities referenced inthe documents and coverletter unless specifically notedotherwise. •The awarded Contractor(s)shall be responsible foradvisingtheleadagency of those participants who fail toplace orders as a result of this award duringthe contract period. •The Contractor(s)shall furnish the Lead Agency adetailedSummary of Sales semi-annually during the contract period. SalesSummaryshall include contract number(s), contractor'sname,thetotal of each commodity soldduring 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 PurchasingCooperativeGroup arestrictlyprohibitedfromutilizinganycontractorpurchaseorderresultingfromthis bid award. However, other Southeast F1orida 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 F1orida GovernmentalPurchasing Cooperative Group membersmay participatein anycontract on acceptance and approval by the lead agency. •None of theparticipating governmental entitiesshall be deemed or construed to be a party toandcontractexecuted by andbetween anyother governmental entity and the Contractor(s) as a result of this procurement action. “WORKING TOGETHER TO REDUCE COST S” SOUTHEAST F LOR IDAGOVERNIME NTA L PURCHASING C OOPERATIVEGROU P ITB# RM-21-98 TABLE OF CONTENTS PAGE SOLICITATIONSECTIONS SECTION 1.0General Terms and Conditions 5 32 SECTION 2.0 Insurance Requirements SECTION 3.0 Special Conditions 35 SECTION4.0Specifications39 42 SECTION5.0BidForm SECTION 6.0 Required Forms and VendorRegistration Form45 Attached • Demandstar SignUp • Demandstar E-Bidding Instructions • Conference Call/OnlineMeetingInstructions ITB# RM-21-98 agreed consideration. SECTION 1.0 GENERAL 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, AdvertisementforBids:Thepublicnotice partnership, corporation or joint venture invitingthe submission ofBidsforthework. 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 Agreementis effective. the Contractwillexecutethesameandwill 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. withtheInstructions 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 ITB# RM-21-98 Project. Deliverables: All documentation and any items of any nature submitted by the Scope of Service: Document which Contractor to the Towns Project Manager details the work to be performed by the for review and approval in writing pursuant Contractor. to the terms of the Agreement. Subcontractor or Sub consultant: Any Lessee: Any individual, partnership or person, entity, firm or corporation, other corporation having a tenant relationship than the employees of the Contractor, who with the Town of Davie. furnishes labor and/or materials, in connection with the Work, whether directly or indirectly, on behalf of and/or under the Liquidated Damages: The amount that direction of the Contractor and whether or the Contractor accepts, as stipulated in the not in privity of Contract with the Contractor. Bid 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 determined by the Town's Contract “Program”, or "Project”: All matters and Manager. things required to be done by the Contractor in accordance with the Notice To Proceed (NTP): The written provisions of the Contract. communication issued by the Town to the Contractor directing the Contractor to begin The words “Directed”, "Required”, contract work and establishing the date of “Permitted", “Ordered", “Designated", commencement of the work. “Selected”, “Prescribed”, or words of like import to mean respectively, the direction, Owner: The term Owner as used in this requirement, permission, order, Contract shall mean the Town of Davie. designation, selection or prescription of the Town's Project Manager or; and similarly Performance and Payment Bonds: the words "approved", acceptable", Bonds executed by the Contractor and his "satisfactory", "equal", "necessary", or Surety, on the attached forms, assuring that words of like import to mean respectively, the Contractor will, in good faith, perform approved by, or acceptable or satisfactory and guarantee the work in full conformity to, equal or necessary in the opinion of the with the terms of the Contract Documents Town's Project o Manager. In resolving and will promptly pay all persons supplying disputes and in all respects the Town the Contractor with labor, materials, or Administrator's decision shall be final. supplies, used directly or indirectly by the Contractor in the prosecution of the Work. 1.2 VENDOR NOTIFICATION Plans: The drawings or reproductions It is the policy of the Town to encourage full and thereof, prepared and sealed by the open competition among all available qualified Architect/Engineer, which show the vendors. All vendors regularly engaged in the locations, character, dimensions and type of work specified in the Bid Solicitation are details of the work to be done and which are encouraged to submit bids. Vendors may enroll part of the Contract Documents. with the Town to be included on an email list for goods and services which can be found at Project: The construction and services https //www davie-fl gov/list aspx. required by the Contract Documents, which includes all labor, materials, equipment, 1.3 LOCAL PREFERENCE and services to be provided by the Contractor to fulfill the Contractor's N/A obligations. Project Cost: The sum of theconstruction 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 ascharges 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 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 PREPARATIONOF 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 beD. 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 Invitationto 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 fI.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 G. 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.cam or on the the Town. Contractors are responsible for Town's website at httos://www.davie- any taxes, sales or otherwise, levied on their fI.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 ITB# RM-21-98 the General Terms and Conditions. The Procurement Division may issue an addendum in response to any inquiry received, prior to Bid opening, which changes, adds to or 1.13 CLARIFICATION OR OBJECTION TOBID 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 Orive, Davie, Florida 33314. In accordance with Florida State 1.10 WITHDRAWALOF 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 deemed to be made on the date of 1.12CONFLICTS WITHIN THE BID mailing of the check. SOLICITATION 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 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 employeeit deems company in line with the best business careless, incompetent, insubordinate or practices in the industry and as otherwiseobjectionableandwhosepresenceon determined by the proper authorities of Town property is not in the best interest of the the Town. Town. The Town may consider any evidence B. 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. RegisteredorCertifiedMail,withreturn receipt requested; or delivered personally; or delivered The Town reserves the right to accept B. 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 asfollows:bidder qualifies his bid by specified limitations. One Or more Contractors may be C TotheProcurementDivision: designated as approved Primary or Brian O'Connor, C.P M., Procurement Manager Secondary Vendor(s) forthe delivery of material and/or services from this Procurement Division contract through the effective period of 6591 Orange Drive Davie, FL 33314 the award. In any situation where Phone: (954) 797-1016 Fax: (954) 797-1049 obtaining services from the Primary Email: boconnorDdavie-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 Secondary Vendor (s). physical address, e-mail address, and fax numbers and to the person listed in the Successful Bidder shall be notified in Contractor's proposal, as applicable. D. writing of award. designate Either party may at any time a different Delivery of materials and/or services E. address and/or contact person by giving notice as provided above to the other party. Such shall be performed upon receipt by notices shall be deemed given upon receipt by successful bidder of a numbered, signed purchase order. the addressee. 9 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 withregardtotheresultsof a solicitation, orthe 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. (c) Decision. If a protest brought pursuant to (a) Applicability. This section shall apply to subsection (a) of this section is not resolved protests by bidders and proposers regarding by mutual agreement, the Procurement claims made by contractors participating in a Manager shall promptly issue a decision in Town contract or bidding process and shall only writing to the protesting party upholding or apply to protests by bidders or offerors when the denying the protest or staying the award Town Procurement Division posts a Notice of process for further investigation. A copy of Intent to Award in regards to a purchase in the decision shall be mailed or otherwise excess of the Town's formal competitive furnished to the protestant or claimant and threshold as established in section 2-321(a) any other party intervening. The decision "Methods of Source Selection", "General" of this shall state the reasons for the action taken. Code. (d) Finality of decision. A decision under (1) Protests; right to protest. Any actual or subsection (c) of this section shall be final prospective bidder, offeror, or contractor unless within three (3) business days from who is aggrieved in connection with the the date of receipt of the decision, the solicitation or award of a contract may protestant or claimant files a written appeal protest to the Procurement Manager. The with the Town Administrator. protest shall be submitted in writing within seventy-two (72) hours excluding (e) Authority of the Town Administrator. The Town holidays and weekends after such Administrator shall have the jurisdiction to aggrieved person knows or shouldhave review and determine anyappealby an known of the facts giving rise thereto or aggrieved partyfrom a determination by the the posting of the Town s notice of intent Procurement Manager regarding a protest to award on the Town s website. or contract claim. Such decision shall be (2) Contract claims. All claims by a contractor final and conclusive. against the Town relating to a contract shall be submitted in writing to the Procurement Manager. The contractor (f)Protestlimitations: may request a conference with the (1)A written protest may not challenge the Procurement Manager on a submitted relative weight of evaluation criteria or a claim. Claims include, withoutlimitation, formula for assigning points. disputes arising under a contract and those based upon breach of contract, (2) The written protest shall statein detail the mistake, misrepresentation, or other specific facts and law or ordinance cause for contract modification or upon which the protest of the rescission. proposed award is based and shall (3) Service of a protest. Service of a protest include all pertinent documents and by mail or courier shall not expand the evidence. time frame period allowed for delivery of (3) Only a bidder whose bid is timely received a protest. and fully complies with all terms and conditions of the bid may protest an (b) Authority to resolve protests and contract award. claims. (g) Protest bond required. Uponthefilingof a (1) Protests. The Procurement Manager, formal written protest the contractor or after consulting with the Town vendor shall post a bond, payabletothe Attorney, shall have the authority Town of Davie, in anamountequalto five consistent with this Code to settle and 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 C. Insufficient financial or company size, percentage-based contracts the full ten 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 (j) 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 ITB# RM-21-98 notwithstanding bidders' or proposers' requests to the contrary, at the time the Town provides 2. Neither the said bidder nor any of its notice of a decision or intended decision, or 30 officers, partners, owners, agents, days after bid or proposal opening, whichever is representatives, employees or parties in earlier. interest,have in any way colluded, conspired, connived or agreed, directly or indirectly, with Financial statements submitted in response to a any other bidder, firm, or person to submit a request by the Town are confidential, and exempt collusive or sham response in connection with from disclosure. Data processing software the work for which the bid has been 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 inspection after opening of bids in compliance overhead, profit, or cost elements of the bid with Chapter 119 of the Florida Statutes. If the price or the bid price of any other bidder, or to Bidder submits trade secrets, as defined secure through any collusion, conspiracy, under the applicable Florida Statutes, the connivance, or unlawful agreement any Bidder shall stamp each page in which the advantage against (Recipient), or any person trade secret is listed and clearly mark the interested in the proposed work; information deemed to be a trade secret. The Bidder shall also submit a separate document 3. The price or prices quoted in the bid listing each page in which a trade secret is response are fair and proper and are not listed. Additionally, using the appropriate tainted by any collusion, conspiracy, legal analysis, the separate document must connivance, or unlawful agreement on the clearly state why the information marked as a part of the bidder or any other of its agents, trade secret is deemed a trade secret representatives, owners, employees or pursuant to the applicable Florida Statutes parties in interest. and Florida case law as to be exempt under Chapter 119 of the Florida Statutes. 1.30 CONTRACTOR COMPLIANCE WITH PUBLIC 1.27 REASON FOR NO BID FORM 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 PATENTSANDCOPYRIGHTS 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 if the contractor does not transfer the 1.29 PUBLIC RECORDS LAW records to the public agency. 4. Upon completion of the contract, transfer, Pursuant to Florida Statute 119.07, public records may be inspected and examined by anyone at no cost to the Town all public records in possession of the contractor or keep desiring to do so, at a reasonable time, under and maintain public records required by reasonable conditions, and under supervision by the Town to perform the service. If the the custodian of the public record. Sealed Bids contractor transfers all public records to and Proposals become subject to this statute, 12 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 1.32REQUESTFORPROPOSAL records disclosure requirements. If the contractor keeps and maintains public Should these "General Conditions" be used inthe 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 publicrecords. proposal. All records stored electronically must be provided to the Town, upon request from 1.33 EXCEPTIONS TOPROPOSAL the Town Clerk, or his/her designee, in a format that is compatible with the Thebiddermustclearlyindicateanyexceptions 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 writing, in the Proposal. The Town, at its sole and questions regarding the absolute discretion, may accept or reject any or application of Chapter 119, all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the Florida Statutes, to the Town shall require the Bidder to comply with the particular term and/or condition of the solicitation Contractor's duty to to which the Bidder took exception (assaid term provide public records and/or condition was originally set forth on the solicitation.) relating to this contract, contact the custodian of 1.34 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT public records at 954-797- 1000, Evelyn_Roig@Davie- The contractor shall indemnify, defend and hold harmless the Town of Davie, its officers, FL.gov, 6591 Orange Drive, employees, volunteers, agents, boards, elected Davie, FL 33314. and appointed officials,instrumentalities and the Davie Community Redevelopment Agency from and against any and all liability, losses or 1.31 SCRUTINIZED COMPANIES damages, including but not limited to attorney's fees and costs, incurred as a result of claims, Florida Statute § 287.135: Contractor mustcertify demands, suits, causes of actions or that the company is not participating in a boycott proceedings of any kind or nature arising out of, of Israel. Contractor must also certify that relating to or resulting from the performance of Contractor is not on the Scrutinized Companies the agreement by the contractor or its that Boycott Israel list, not on the Scrutinized employees, agents, servants, partners, Companies with Activities in Sudan List, and not principals or subcontractors. The awarded on the Scrutinized Companies with Activities in bidder shall pay all claims and losses in the Iran Petroleum Energy Sector List, or been connection with this agreement, and shall engaged in business operations in Cuba or Syria. investigate and defend all claims, suits, or Contractor must submit the certification that is actions of any kind or nature in the name of the attached to this agreement. Submitting a false Town or the Community Redevelopment certification shall be deemed a material breach of Agency, where applicable, including appellate contract. The Town shall provide notice, in writing, proceedings, and shall pay all costs, judgments, to the Contractor of the Town's determination and attorney s fees which may be incurred concerning the false certification. The Contractor thereon. The contractor expressly understands shall have ninety (90) days following receipt of and agrees that any insurance protection the notice to respond in writing and demonstrate required by this contract or otherwise provided that the determination of false certification was by the contractor shall in no way limit the made in error. If the Contractor does not responsibility to indemnify, defend, keep and demonstrate that the Town's determination of save harmless and defend the Town, the false certification was made in error then the Community Redevelopment Agency, or its Town shall have the right to terminate the contract officers, employees, agents, and instrumentalities as herein provided. The above indemnification provisions shallsurvive the 13 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 contractor and return product at bidder's 1.35 COPELAND "ANTI-KICKBACK" 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 Successful bidder(s) will be responsible for 1.37 INTERPRETATION OF THE APPROXIMATE making any and all claims against carriers for QUANTITIES missing or damaged items. The bidder's attention is called to the fact that the 1.42 CONTRACT RENEWAL estimate of quantities to be furnished under the specifications is approximate only and not Any contract may be renewed within the guaranteed. The Town does not assume any parameters set forth in solicitation document or responsibility that the final quantities shall remain negotiated terms. in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or 1.43 MODIFICATION OF CONTRACT deception because of such estimate of quantities. The contract may be modified by mutual consent, 1.38 QUANTITIES in writing through the issuance of a modification to the contract, purchase order, change order or The Town specifically reserves the right to accept award sheet, as appropriate. all or any part of the bid, to split the award, to increase or decrease the quantity to meet 1.44 SAFETY DATA SHEET (SDS) additional or reduced requirements of the Town, 14 ITB# RM-21-98 public entity, may not award or perform work as Under the terms of the Florida Right-to-Know Law (Chapter 442, Florida Statutes), all suppliers a contractor, supplier, subcontractor, or of products deemed to be toxic in substance, as consultantundercontractwith anypublicentity, indicated in the State of Florida Substance List, andmaynottransactbusinesswithanypublic 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-FREEWORKPLACEPROGRAM 1.45 CONDITION OFMATERIALSAND 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 has implemented a drug-free workplace be new and suitable for storage or shipment, and program shall be given preference in the bid price shall include standard commercial award process. Established procedures for packaging. Any exceptions to this provision shall processing tie bids will be followed if none of be detailed on the proposal page under the tied vendors have a drug-free workplace exceptions to specifications. program. In order to have a drug-free 1.46 SAMPLES workplace program, a business shall: 1. Publish a statement notifying Samples, when required, must be submitted employees that the unlawful manufacture, within the time specified at no expense to the distribution, dispensing, possession, or use of Town.If not destroyedor used up during testing, a controlled substance is prohibited in the samples will be returned upon request at 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 ENTITYCRIMES 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, publicentity crime may not submita bid on a rehabilitation, and employee assistance contract to provide any goods or services to a programs, and the penalties that may be public entity, may not submit a bid on a contract imposed upon employees for drug abuse with a public entity for the construction or repair violations. of a public building or public work, may not submit bids on leases of real property to a public entity, 3. Give each employee engaged in may not be awarded or perform work as a providing the commodities or contractual contractor, supplier, subcontractor, or consultant services that are under bid a copy of the under a contract with any public entity, and may statement specified in subsection (1). not transact business with any public entity in excess of the threshold amount provided in 4. Inthe statement specified in Florida Statutes, Section 287.017, for subsection (1),notifytheemployeethat,asa CATEGORY TWO for a period of 36 months from condition of working on thecommoditiesor the date of being placed on the convicted vendor contractual servicesthatareunder bid, the list. employee will abide by the terms of the statementand will notify the employer of any 1.48 DISCRIMINATION 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 ITB# RM-21-98 documentation to the Town Administratorand satisfactory participation in a drug abuse /orTown Council. assistance or rehabilitation program if such is available in the employee's community, by (d)Permittedcommunication. any employee who is so convicted. (1) The cone of silence shall not apply to written or oral communications with legal 6. Make a good faith effort to continue to counsel for the Town or the Procurement maintain a drug-free workplace through Division staff for the Town. implementation of this section. (2) Nothing contained in this section shall prohibit any person or entity subject to this section from: 1.50 CONE OF SILENCE a.Making public presentations at pre-bid (a) Prohibited communication. Except as conferences or at a selection or negotiation set forth in subsection (d), during the meeting related to the competitive selection. course of a competitive solicitation, a cone of b. Engaging in contract negotiations with the silence shall be in effect between: entity selected to negotiate the terms of the agreement or with the Town Council during a (1) Any person or entity that seeks a contract, public meeting. contract amendment, award, c.Making ascheduled public presentation to recommendation, or approval related to a the Town Council during any public meeting competitive solicitation or that is subject to related to the competitive solicitation. being evaluated or having its response d. Nothing contained in this section shall evaluated in connection with a competitive prohibit a Town Council member from initiating solicitation, including a person or entity's contact with a Vendor or Vendor's representative; and Representative and subsequent communication related thereto for the (2) Any Town Councilmember, the Town purpose of obtaining further information Administrator or any person or group of regarding the Competitive Solicitation. persons appointed or designated by the Town e. Nothing in this section shall prohibit a Town Council or the Town Administrator to Council, the Town Council office personnel, evaluate, select, or make a recommendation and other Town employees from to the Town Council or the Town communicating with each other except as Administrator regarding a competitive prohibited under Chapter 119 of the Florida solicitation, including any member of the State Statutes. selection committee. f. Communicating with the person or persons designated in the competitive solicitation as (b) Effective dates. A cone of silence shall the contact person for clarification or begin and shall end for competitive information related to the competitive solicitations as follows: solicitation. The contact person shall not be a member of the selection/evaluation (1) A cone of silence shall be in effect during committee, or the person designated to a competitive solicitation process beginning negotiate the agreement, except as otherwise upon the advertisement for the competitive provided for in subsection (d)(1) above. solicitation or during such other procurement 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 section by a vendor or contractor shall be (c) Notice. When the cone of silence cause for disqualification of the bid or the becomes effective for a particular competitive proposal. The determination of a violation and solicitation, the Town Administrator or the penalty shall be made by Town Council. designee shall provide notice of the cone of silence to the Town Council. The solicitation (f) Any employee violating this section shall document for the goods or services shall be subject to disciplinary action by the Town generally disclose the requirements of this Administrator up to and including termination. section. Notice of the termination of the cone of silence shall be provided in the award 16 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 1.51PURCHASINGAGREEMENTSWITHOTHER 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 1.52ACCESSTORECORDS acknowledges thatthe materials submitted with the Bid and the results of the Town of Davie's evaluation are open to public inspection and The Town reserves the right to require the subject to disclosure upon proper request. Contractor to submit to an audit. The Contractor Contractor should take special note of this as it shall provide access to all of its records which relates to proprietary information that might be relate directly or indirectly to the Agreement at included in its Bid. its place of business during regular business hours. The Contractor shall retain all records 1.56 ORDER OFPRECEDENCE pertaining to the Agreement, as specified in Florida Statute Chapter 119 and section 1.30 of If there is a conflict between or among the this agreement, and upon request make them provisions of the Agreement,the order of available to the Town following expiration of the precedence is as follows: Agreement. The Contractor agrees to provide such assistance as may be necessary to A. The terms and conditions of the agreement facilitate the review or audit by the Town to ensure compliance with applicable accounting B. The Town of Davie’s solicitation and any and financial standards at no cost to the Town. associated addenda and attachments thereof, and 1.53 TOWN WEBSITE 17 ITB# RM-21-98 C.TheContractor'sProposal. providing the Town with input regarding the time and cost to implement said changes and in executing the activities required to implement 1.57 NATURE OF THE AGREEMENT said changes. The Agreement incorporates and includes all 1.58PAYMENT FORSERVICES/AMOUNT negotiations, correspondence, conversations, OBLIGATED agreements, and understandings applicable to the matters contained in the Agreement. The The Contractor warrants that it has reviewed the parties agree that there are no commitments, Town's requirements and has asked such agreements, or understandings concerning the questions and conducted such other inquiries as subject matter of the Agreement that are not the Contractor deemed necessary in order to contained in the Agreement, and that the determine the price the Contractor will charge to Agreement contains the entire agreement provide the Work and Services to be performed between the parties as to all matters contained under this Contract. The compensation for all herein. Accordingly, it is agreed that no Work and Services performed under this deviation from the terms hereof shall be Contract, including all costs associated with predicated upon any prior representations or such Work and Services, shall be in the total agreements, whether oral or written. It is further amount submitted on the Bid Form. The Town agreed that any oral representations or shall have no obligation to pay the Contractor modifications concerning the Agreement shall any sum(s) in excess of this amount, except for be of no force or effect, and that the Agreement a change and/or modification to the Contract may be modified, altered or amended only by a which is approved and executed in writing by the written amendment duly executed by both Town and the Contractor. parties hereto or their authorized representatives. All Services undertaken by the Gontractor before Town's approval of this Contract shall be The Contractor shall provide the services set at the Contractor's risk and expense. forth in the Scope of Services, and render full and prompt cooperation with the Town in all 1.59 PRICING aspects of the Services performed hereunder. Prices shall remain firm and fixed for the term of The Contractor acknowledges that the the Contract, including any option or extension Agreement requires the performance of all periods; however, the Contractor may offer things necessary for or incidental to the effective incentive discounts to the Town at any time and complete performance of all Work and during the Contract term, including any renewal Services under this Contract. All things not or extension thereof. expressly mentioned in the Agreement but necessary to carrying out its intent are required 1.60 GUARANTEE by the Agreement, and the Contractor shall 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. 1.61 MANNER OF PERFORMANCE The Contractor agrees to implement any and all 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 professionalmannersatisfactory to the expeditious and fiscally sound manner in 18 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 AUTHORITYOF THE TOWN'S PROJECT The Contractor agrees that at all times C. 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 in connection with, or in any way related to to adjust its personnel staffing levels or to or on account of, the Agreement including replace any of its personnel upon but not limited to: questions as to the value, reasonable request from the Town, should acceptability and fitness of the Services; the Town make a determination, in its sole questions as to either party's fulfillment of discretion, that said personnel staffing is its obligations under the Contract; inappropriate or that any individual is not negligence, fraud or misrepresentation performing in a manner consistent with the before or subsequent to acceptance of the requirements for such a position. Proposal; questions as to the interpretation of the Scope of Services; and claims for D. The Contractor warrants and represents damages, compensation and losses. that its personnel have the proper skill, 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 regardless of whether the Contractor E. The Contractor shall at all times cooperate agrees with the Project Manager's with the Town and coordinate its respective determination or order. Where orders are work efforts to most effectively and given orally, they will be issued in writing by efficiently maintain the progress in the Project Manager as soon thereafter as performing the Services. is practicable. 19 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 theentire 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 anindemnity 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 ofthe subcontractors and suppliers shall retain such Agreement. All such disputes shall be records, and allother 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 1.66 AUDITS be made. Theparties agree that whenever the Town Administrator is entitled to The Town, or its duly authorized representatives exercise discretion or judgment or to make or governmental agencies shall, until the a determination or form an opinion pursuant expiration of three (3) years after the expiration to the provisions of this Article, such action of the Agreement and any extension thereof, shall be deemed fair and impartial when 20 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 thoseof 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- D. related records, property, and equipment 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 experienced, the subcontractor must 1.67 SUBSTITUTION OF PERSONNEL show to the satisfaction of the Town that it has satisfactorily performed services of In the event the Contractor wishes to substitute the same general type which is required to personnel for the key personnel identified by the be performed under the Agreement. Contractor's Proposal, the Contractor must notify the Town in writing and request written E. TheTown shall have the right to withdraw approval for the substitution at least ten (10) its consent to a subcontract if it appears to business days prior to effecting such the Town that the subcontract will delay, substitution. prevent, or otherwise impair the performance of the Contractor's 1.68 SUBCONTRACTUAL RELATIONS obligations under the Agreement. All subcontractors are required to protect the A. If theContractor 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 subcon tractor, 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 any assumptions, parameters, projections, have the right to require the Contractor not estimates and explanations presented by the to award any subcontract to a person, firm Townwereprovided to theContractor for 21 ITB# RM-21-98 evaluationpurposesonly.However,sincethese 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 E. The foregoing notwithstanding, any associated with using this information. individual, corporation or other entity which attempts to meet its contractual obligations 1.70 SEVERABILITY with the Town and/or the CRA through fraud, misrepresentation or material If the Agreement contains any provision found misstatement may be debarred from Town to be unlawful, the same shall be deemed to be and CRA contracting in accordance with of no effect and shall be deemed stricken from the Town debarment procedures. The the Agreement without affecting the binding Contractor may be subject to debarment for force of the Agreement as it shall remain after failure to perform and all other reasons set omitting such provision. forth in Town's Procurement Policies and Procedures Manual. 1.71 TERMINATION FOR CONVENIENCE ANO 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 ordersforDeliverablesthat 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 developed for the sole purpose of D. The Town, through its Town Administrator, the Agreement and not and/or the CRA through its Executive incorporated in the Services; Director, and for its convenience and without cause, may terminate the Contract Take no action which will increase 5. 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 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 the Contractor’s ability to perform in H. AII compensation pursuant to this Article accordance with terms of the is subject to audit. Agreement. Until the Town or the CRA receives such assurances the Town or 1.72 EVENT OF DEFAULT the GRA 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 by itself or through others. 3. The Contractor has failed to make prompt paymenttosubcontractors In the event the Town and/or the CRA C. or suppliers for any Services; shall terminate the Agreement for default, the Town, the CRA, or their 4. The Contractor has become 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 If an Event of Default occurs, the Contractor the Contractor's affairs have been shall be liable for all damages resulting from the put in the hands of a receiver; default, including but not limited to: 5. The Contractor has failed to obtain A. Lost revenues; the approval of the Town where 23 ITB# RM-21-98 expense, the rights provided under the B.Thedifferencebetweenthecostassociated Agreement to use the item(s). with procuring Services hereunder and the amount actually expended by the Town for D.The Gontractor 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 Gon tractor'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. The Town or the CRA may reject any 1.74PATENTANDCOPYRIGHT Deliverable that it believes to be the subject INDEMNIFICATION of any such litigation or injunction, or if, in the Town's judgment, use thereof would A. The Contractor warrants that all delay the Work or be unlawful. Deliverables furnished hereunder, including but not limited to: services, E The Contractor shall not infringe any equipment programs, documentation, copyright, trademark, service mark, trade software, analyses, applications, methods, secrets, patent rights, or other intellectual ways, processes, and the like, do not property rights in the performance of the infringe upon or violate any patent, Work. copyrights, service marks, trade secret, or any other third party proprietary rights. B. The Contractor shall be liable and 1.75 PROPRIETARY INFORMATION responsible for any and all claims made As a political subdivision of the State of Florida, against the Town or the CRA for 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 possession may constitute or contain processes, and the like, in the course of information or materials which the Town or the performance or completion of, orin any way CRA has agreed to protect as proprietary connected with, the Work, or the Town's or information from disclosure or unauthorized use the CRA's continued use of the and may also constitute or contain information Deliverables furnished hereunder. or materials which the Town or the CRA has Accordingly, the Contractor at its own developed at its own expense, the disclosure of expense, including the payment of attorney's fees, shall indemnify, defend, which could harm the Town's proprietary and hold harmless the Town and the GRA interest therein. and defend any action brought against the During the term of the contract, the Contractor Town with respect to any claim, demand, will not use directly or indirectly for itself or for and cause of action, debt, or liability. 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 CRA's property, any computer programs, data provided to the Town or the CRA compilations, or other software which the Town hereunder, or a portion thereof is held to has developed, has used or is using, is holding constitute an infringement and its use is or for use, or which are otherwise in the may be enjoined, the Contractor shall have possession of the Town (hereinafter “Computer the obligation, at the Town's or CRA's Software”). The Contractor acknowledges and option, to (i) modify, or require that the agrees that all third-party license agreements applicable subcontractor or supplier must also be honored by the contractors and modify, the alleged infringing item(s) at the Contractor's expense, without impairing in their employees, except as authorized by the Town or the CRA and, if the Computer Software any respect the functionality or has been leased or purchased by the Town or performance of the item(s), or (ii) procure the CRA, all third party license agreements must for the Town or the GRA, at the Contractor's 24 ITB# RM-21-98 also behonored 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 of Services. Notwithstanding the foregoing, 1.76PROPRIETARYRIGHTS the Contractor hereby grants, and shall require that its subcontractors and A. The Contractor hereby acknowledges and suppliers grant, if the Town or the CRA so agrees that the Town and the CRA retains desire, a perpetual, irrevocable and all rights, title and interests in and to all unrestricted right and license to use, materials, data, documentation and copies duplicate, disclose and/or permit any other thereof furnishedby the Town and the CRA person(s) or entity(ies) to use all such to the Contractor hereunder or furnished by licensed software and the associated the Contractor to the Town and/or created specifications, technical data and other by the Contractor for delivery to the Town, documentation for the operations of the even if unfinished or in process, as a result Town, the CRA or entities controlling, of the Services the Contractor performs in controlled by, under common control with, connection with the Agreement, including or affiliated with the Town, or the CRA, or all copyright and other proprietary rights organizations which may hereafter be therein, which the Contractor as well as its formed by or become affiliated with the employees, agents, subcontractors and Town or the CRA. Such license specifically suppliers may use only in connection with includes, but is not limited to, the right of the the performance of Services under the Town or the CRA to use and/or disclose, in Agreement. The Contractor shall not, whole or in part, the technical without the prior written consent of the documentation and licensed software, Town, use such documentation on any including any source code provided other project in which the Contractor or its hereunder, to any person or entity outside employees, agents, subcontractors or the Town for such person's or entity's use suppliers are or may become engaged. in furnishing any and/or all of the Submission or distribution by the Deliverables provided hereunder Contractor to meet official regulatory exclusively for the Town, the CRA, or requirements or for other purposes in entities controlling, controlled by, under connection with the performance of common control with, or affiliated with the Services under the Agreement shall not be Town, the CRA, or organizations which construed as publication in derogation of may hereafter be formed by or become the Town's copyrights or other proprietary affiliated with the Town or the CRA. No rights. such licensed software, specifications, data, documentation or related information B. All rights, title and interest in and to certain 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 bythe Contractor the contrary shall be void and of no effect. and its subcontractors specifically for the 1.77 ETHICS Town, hereinafter referred to as "Developed Works" are works for hire and Inaccordance with Section 2-330 of the Town's are the property of the Town. 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 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 1.80CONFLICTOFINTEREST 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 or through 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 Gon tractor 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 1900 (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 ITB# RM-21-98 intheTown'sbestinteresttoconsentto 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. 1.84SURVIVAL E. In the event Contractor has no prior knowledge of a conflict of interest as set The parties acknowledge that any of the forth above and acquires information which obligations in the Agreement will survive the may indicate that there may be an actual or term, termination and cancellation hereof. apparent violation of any of the above, Accordingly, the respective obligations of the Contractor shall promptly bring such Contractor and the Town under the Agreement, information to the attention of the Town's which by nature would continue beyond the Project Manager. Contractor shall termination, cancellation or expiration thereof, thereafter cooperate with the Town's review shall survive termination, cancellation or and investigation of such information, and expiration hereof. comply with the instructions Contractor receives from the Project Manager in 1.85 CANCELLATION FOR UNAPPROPRIATED regard to remedying the situation. FUNDS 1.81 PRESS RELEASE OR OTHER PUBLIC The obligation of the Town for payment to a COMMUNICATION Contractor is limited to the availability of funds appropriated in a current fiscal period, and Under no circumstances shall the Contractor, its continuation of the contract into a subsequent employees, agents, subcontractors and fiscal period is subject to appropriation of funds, suppliers, without the express written consent of unless otherwise authorized by law. the Town: 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 All material supplied must be 100% asbestos being performed hereunder, unless the free. Bidder, by virtue of bidding, certifies that if Contractor first obtains the written approval awarded any portion of the project he will supply of the Town. Such approval may be only material or equipment that is 100% withheld if for any reason the Town believes asbestos free. that the publication of such information would be harmful to the public interest or is 1.87VERBALINSTRUCTIONSPROCEDURE in any way undesirable; and No negotiations, decisions, or actions shall be B. Represent, directly or indirectly, that any initiated or executed by the Contractor as a product or service provided by the result of any discussions with any Town Contractor or such parties has been employee. Only those communications which approved or endorsed by the Town, except are in writing from an authorized Town as may be required by law. representative may be considered. Only written communications from Contractors, which are 1.82 BANKRUPTCY assigned by a person designated as authorized to bind the Contractor, will be recognized by the The Town reserves the right to terminate this Town as duly authorized expressions on behalf contract if, during the term of any contract the of Contractors. Contractor has with the Town, the Contractor 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 for subsequent years and any extension term bankruptcy law or any state insolvency law. 27 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, commission, percentage, gift or consideration. have occurred intheindustry, such increases shall not exceed 3% per year or, whichever is less, the latest yearly percentage increase in the 1.91E-VERIFY All Urban Consumers Price Index (CPU-U) (National)aspublishedbytheBureauofLabor 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: dayspriorto theend ofthecontractyearthenin effectcomparedtotheindexforthesamemonth a) All persons employed by one year prior. Any requested cost increase Vendor/Consultant/Contractor to shallbefullydocumentedandsubmittedtothe perform employment duties within Town at least ninety (90) days prior to the Florida during the term of the contract; contract anniversary date. Any approved cost and adjustments shall become effective upon the b) All persons (including sub- anniversary date of the contract. In the event the vendors/subconsuItants/subcontractor CPI or industry costs decline, the Town shall s) assigned by have the right to receive from the Contractor Vendor/Consultant/Contractor to reduction in costs that reflect such cost changes perform work pursuant to the contract. in the industry. The Town may, after The Vendor/Consultant/Contractor examination, refuse to accept the adjusted costs acknowledges and agrees that use of iftheyarenot properly documented,increases the U.S. Department of Homeland are considered to be excessive, or decreases Security’s E-Verify System during the are considered to be insufficient. In the event term of the contract is a condition of the the Town does not wish to accept the adjusted contract with the Town of Davie. costs and the matter cannot be resolved to the 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 not limited to utilization of the E-Verify System 1.89 PROHIBITION OF INTEREST to verify the work authorization status of all newly hired employees, and requiring all No contract will be awarded to a bidding firm subcontractorsto provideanaffidavit 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 anycompanyor person other than a date of termination. The Contractor shall be bona fide employee working solely for the liableforany additional costsincurred bythe 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 1.92 FORCE MAJEURE resulting from the award or making of the Agreement. For the breach or infraction of this provision, the Town shall have the right to 28 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 Bidshaving 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 ANO the Agreement. DEMOLITION OEBRIS COLLECTION ANO 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- off containers, and other related solid waste 1.95 LITIGATION VENUE service equipment needs, please contact Trevor Black, Coastal Waste & Recycling, Inc., The parties agree that all litigation between Residential Supervisor, at 315-406-1957 or them in the state courts shall exclusively take tblack@coastalwasteinc.com. place in Broward County, Florida and that all litigation between them in the federal courts For further information related to bid shall take place in the Southern District of specifications related to solid waste franchise Florida. requirements, please contact Brian O’Connor, Procurement Manager, at (954) 797-1016 or 1.96 SOVEREIGN IMMUNITY boconnor@davie-fI gov. Nothing in the Agreement shall be interpreted or For solid waste franchise enforcement construed to mean that the Town or the CRA questions, please contact the Town of Davie waives its common law sovereign immunity or Program Division’s representative at (954) 797- the limits on liability set forth in Section 768.28, 1045 or Danny Stallone, Code Compliance Florida Statute. Notwithstanding anything set Official at (954) 693-8237. forth in the Contract to the contrary, nothing in this Contract shall be deemed as a waiver of PLEASE BE AOVISED THAT THE FAILURE immunity or limits of liability of the Town beyond OF ANY BIDDER FOR A CONSTRUCTION any statutory limited waiver of immunity or limits PROJECT FOR THE TOWN OF DAVIE, of liability which may have been or may be INCLUDING AND NOT LIMITED TO GENERAL adopted by the Florida Legislature and the cap CONTRACTORS AND DEVELOPERS, TO on the amount and liability of the Town for ADHERE TO THE REQUIREMENTS OF THE damages, regardless of the number or nature of TOWN OF DAVIE'S EXCLUSIVE SOLID claims in tort, equity, or Contract, shall not 29 ITB# RM-21-98 WASTE FRANCHISE AGREEMENT SHALL which currently, seriously, and directly affects RESULT IN A NOTIGE 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 REVOGATION OF A BID APPLIGATION AND forth below, of a character which is regarded by ITS APPROVAL. THE ENFORGEMENT 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 that failure to perform or unsatisfactory 1.99 SUSPENSION AND DEBARMENT performance caused by acts beyond the control of the contractor shall not be considered to be a (a) Authority. The Procurement Manager shall basis for debarment; provide written notice to any party under review c. Refusal to perform a contract after a for potential suspension and/or debarment. The contract is accepted by the Town and awarded notice shall state the grounds for the potential to the vendor; suspension and/or debarment and shall offer d. If a party made material misrepresentations the party the opportunity to respond to those in response to or related to a solicitation; grounds in writing. The Procurement Manager e. If a party is debarred by another may also hold a meeting with the party to governmental entity; discuss those grounds, if the Procurement f. Any other cause the Procurement Manager Manager determines a meeting is appropriate. determines to be so serious and compelling as After consideration of the party's written response and/or meeting with the party, the to affect the responsibility as a contractor, including, but not limited to, debarment by Procurement Manager may, after consultation another governmental entity for any cause listed with the Town Attorney's Office, suspend or in regulations; or debar the party from consideration for award of g. Violation of the ethical standards set forth future Town contracts. For purposes of this Part, in section 2-330. "party" means any individual or entity. h. Violation of requirements in Section 2-320 Debarment shall not be for a period of more than five (5) years. — Cone ofSilence. (d) Decision. The Procurement Manager shall (b) Causes for Suspension. The Procurement issue a written decision to debar or suspend. Manager may suspend a party when the The decision shall state the reasons for the Procurement Manager has probable cause to action taken. debar the party. A vendor may not be (e) Notice of decision. A copy of the decision suspended for longer than three (3) months under subsection (d) of this section shall be unless the Town has commenced debarment mailed or otherwise furnished immediately to proceedings against the vendor, in which case the debarred or suspended person and any the suspension may last until the debarment other party intervening. proceedings are concluded. (f) Appeal to the Special Magistrate. The (c) Causes for debarment or suspension. The decision to debar is final unless, within ten (10) causes for debarment or suspension include the calendar days from the date of receipt of the following: decision, a Notice of Appeal is filed with the Town Attorney requesting a hearing before the (1) Conviction for the commission of a Town's Special Magistrate. A hearing before criminal offense as an incident to obtaining or the Town's Special Magistrate will be scheduled attempting to obtain a public or private contract within 30 days receipt of the Notice of Appeal. or subcontract, or in the performance of such After hearing the matter, the Special Magistrate contract or subcontract; shall render a decision regarding suspension or (2) Conviction under state or federal statutes debarment and decide whether, or to the extent of embezzlement, theft, forgery, bribery, to which, the debarment or suspension was in falsification or destruction of records, receiving accordance with this section. The decision of stolen property, or any other offense indicating the Special Magistrate shall be final and a lack of business integrity or business honesty conclusive. 30 ITB# RM-21-98 (g) Statute of limitations. There is no statute of limitations regarding debarment. The ProcurementManager 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. 1.101PROHIBITIONAGAINSTLOBBYING 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. ENO OF SECTION 31 ITB# RM-21-98 SECTION 2.0 INSURANCE REQUIREMENTS Insurance Checklist Non- Insurance Required InsuranceTypes Type # Applicable CommercialGeneral Liability 1 AutomobileLiability 2 Workers Compensationand Employers Liability 3 Builders Risk 4 PollutionLiability 5 Professional Liabilityincluding ErrorsandOmissions 6 CyberLiability 7 8 LiquorLiability GarageKeepers/GarageLiability 9 OtherInsurance 10 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 Davie6591 Orange Orive, 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. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. Must 3. 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 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 rightsbytheContractors carrieragainst theTown. Townof Daviemust be shown as an additional insured with respect to this coverage.The mailing address ofTown ofDavie 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 thiscoverage. The mailing address to the Davie Community Redevelopment Agency is 6591 Orange Orive Davie, Florida 33314. S. 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 ofDavie6591OrangeDrive,Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. When applicable, the Davie Community Redevelopment Agency must beshown as anadditional 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 ofDavie 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 tothiscoverage. The mailing address ofTown of Davie 6591 Orange Orive, Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. When applicable, the Davie Community RedevelopmentAgency 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 mailingaddress ofTown ofDavie6591OrangeDrive,Davie,Florida33314,asthecertificate holder,must appear onthe certificate of insurance. When applicable, the Davie Community Redevelopment Agency must beshown as anadditional insured with respect tothis coverage. The mailing address totheDavie Community RedevelopmentAgency 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 be rated 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 ITB# RM-21-98 Oldwick,NewJersey,oritsequivalent,subjectto theapprovaloftheTown'sRiskManagementDivision. 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 advancenotice 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. G. 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 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) Anyquestions regarding thespecificationsshallbeaddressed totheProcurement Manager bythe deadline stated herein for receiving RFIs via e-mail at bids@davie-fI.gov. Anyoralinstructions givenarenotbinding. Allquestions andinterpretationswillbeclarified inwriting 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: https //daviepurchasing.webex com/daviepurchasinq/j.php?MTID=m6739956b8c76f0c4c3554930ac6be 5a8 Meeting number: 2347 273 9830 Password: NAqp2fJY2b3 More ways to join Join by video system Dial 23472739830@daviepurchasinq.webex.com You can also dial 173.243.2.68 and enter your meeting number. Join by phone +1-408-418-9388 UnitedStates 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 tile following tentative time schedule in the selection process. The Town reserves tile 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 RFls (by 5:00 pm EST) 09/22/2021 Bids Due (2:00 pm EST) 09/30/2021 35 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 conditionsof the individual contractsand/or purchase orders including, butnot limited to provisions regarding invoicing, individual delivery points, delivery instructions, and insurance requirementsshallbeestablished individually byeachparticipatinggovernmentalentitypriortoaward. 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: BrowardCollege Cityof Riviera Beach Broward County City of Sunrise Broward Metropolitan Planning Organization City of Sunny Isles Beach BrowardSheriff'sOffice City of Tamarac Children'sServicesCouncil,PalmBeach County CityofWeston City of Aventura City of West Palm Beach City of Boca Raton CityofWiltonManors City of Boynton Beach Coral Springs Improvement District City of Coconut Creek Palm Beach County Sheriff’s Office (PBSO) City of Coral Gables Solid Waste Authority ofPalmBeach County City of Cooper City South Florida Regional Transportation City of Coral Springs Authority/TRI-RAIL City of Dania Beach South Florida Water Management District City of Deerfield Beach (SFWMD) City of Delray Beach Town of Davie CityofFortLauderdale Town of Hillsboro Beach City of Greenacres TownofLantana CityofHallandaleBeach TownofPalm Beach City of Hollywood Town of Southwest Ranches City of Lake Worth Village of North Palm Beach City of Lauderdale Lakes Village of Palm Springs City of Lauderhill Village of Royal Palm Beach City of Margate City of Miami Village of Wellington City of Miami Beach 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 ITB# RM-21-98 3.7 SIGNEDBIDCONSIDEREDANOFFER 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” supervisorwhospeaksandreads 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 managerand/or field supervisor. 3.10 DISPOSALOF WASTE The contractorshall properly dispose, at its own cost, of any waste resulting from the work being performedin an approvedfacility at an approved site unless otherwisespecifiedin this document. It is the bidder(s) responsibility to becomefamiliar with the existing conditionsof all the Town facilitiesthat are included in this bid, to assist them determine the type of equipmentnecessaryto successfully provide the specified services. 3.11 DAMAGETO PUBLIC ORPRIVATEPROPERTY 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. ITB# RM-21-98 3.12 COMPETENCY OF BIDDERS Bids shall be consideredonly from firms that have been continuously engaged in providing products and services similar to those specifiedherein for a reasonable period and that are presently engaged in the provisionof these services. Contract(s)will be awarded only to responsibleand 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 experienceinlike work and that bidder is fully prepared with the necessaryorganization, capital, and equipmentto complete the Scope of Services. Bidder shall be insured, licensed, and certified by all applicable local, county, and state agencies. 3.13INITIAL CONTRACT PERIOD ANDCONTRACTRENEWAL 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 CONTRACTAWARD Any contract,as a result of this ITB, will be submitted to Town Administrator for considerations and may be submittedto the Town Council for their approval.The Contract award,if any, shall be made to the Bidderwhose 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 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- neededbasis.Thisis a cooperativebidissuedbytheTownofDavieastheleadagencyofthe Southeast Florida GovernmentalPurchasingCooperative Group onbehalf oftheparticipatingagencies referencedwithin the specifications, for the sale of their annualrequirements. 4.2 BIDDER REQUIREMENTS Bidders shall own and operate, at their facility, a state certified scale of sufficientcapacity and precision to accuratelyweigh 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 materialsincluded 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 ItemNo. 2 ontheBidFormshallbepriced forthepurposes ofcopperpipe.Copper wirewillbe 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 ofthisbid 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 ITB# RM-21-98 E. COLLECTION SITE LOCATIONS FOR SCRAP METAL MATERIALS TheAwardee willberesponsibletovisitTownlocationsanddiscuss with stafftodeterminetheright sized containers for each location. Containersshall be provided at no charge to the Town. The containers shallbeingoodandserviceable condition andposenothreatorhazardtoTown employees.Containersshould be labelled toidentify their purpose in collecting scrap metal, so as todeter disposal of trash orother materials. Damage to Townproperty forwhich 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. Collectioncontainersshall be servicedwithin 24 hours of the vendor being notified or by the close ofbusinessthe 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 becompletely 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 — referenceupdatedBid Form. 40 ITB# RM-21-98 G. SAFETY VendorshallobserveallOSHAstandardsforworkplacesafetyandfollowalllocal,county,stateand 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 ITB# RM-21-98 SECTION 5.0 BID FORM Bid Price Per Indicate any (%ofAMM additional Index percentage for published Agencyhaulingof Item No. price Description scrap to recycling paid to yard Town) 1. % ton Ferrous Metal 2. % lb Copper 3. % lb Aluminum 4. % lb StainlessSteel %per % lb 5. Brass (clean) 6. % lb Brass (unclean) 7. Lead % lb Notes: 1. Basis of Award (the average of the five percentages= items 1 through 5 / divided by 5 -Total) 2. Alternatebidswillnot be considered unless authorizedintheITB 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 rem oval. 4. AMM Index is for October 2018 (High Price) and consists of the following: • Ferrous Metal, #1 Heavy Melt (Alabama index) - $/Gross Ton • Copper, No, 2 heavy & wire (Atlanta) -Cents/Pound • Aluminum,Oldsheet&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; uncIean=with attachments BID FORM CONTINUED ON NEXT PAGE 42 ITB# RM-21-98 E-SCRAP SERVICES (OPTIONAL) Indicate any items NOT BidPricePer(%of AcceptedbyFirm AMMIndexpublished price paid to Town) Description “Pick Ups" Towers(completePC) % lb HardDrives(w\\boards) % lb Laptops % lb High Grade Server\\Telecom boards % lb Med. Grade boards % lb Low grade boards % lb Power Supplies (internal) % lb UPSbackup(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: Selleragrees to accept the VISA Procurement card for payment (optional). Circle one: YES OR NO END OF BID FORM 43 ITB# RM-21-98 Bid Checklist The followingare 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. Requirement Required Done Completed andSigned Bid Form Acknowledgement of Addenda (if any) ClientReferenceForm Bidder/Proposer Questionnaire Vendor RegistrationForm Licenses and/or Certifications (if applicable) Proof ofInsurance Business Tax Receipt \[Occupational License(s)\] State of FL Sunbiz OR StateRegistration(if not requiredto have State of FL Sunbiz) W9 Thischecklistis foryourguidance.Please read theentire Bidthoroughlytoensure thatyoursubmission is complete. 44 ITB# RM-21-98 SECTION 6.0REQUIREDFORMS CLIENT REFERENCE FORM 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 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.Howmany years has your firm been inbusinessunder 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 ITB# RM-21-98 SOURCE OF INFORMATION SURVEY 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 ITB# RM-21-98 REASON FOR “NO BID" Forfirmschoosing NOTtobid/propose onthisopportunity, theTown appreciates your response using this form. Please return viaemailto bids@davie-fI.gov or procurement@davie-fI.gov: 1.Whydidyour firmchosenottorespondtothisopportunity? Circleall thatapply from below list: a.Wedonotofferthese services orequivalent. b. Insufficienttimeto respond to the solicitation. c. Our project schedule would not permit us to perform. d. Unable tomeetrequirements. e. Other: 2. Additional remarks: 48 Revised: 8.4.21 Is this a formbeing 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: Company Email Address: Fax Number: 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 1. 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 Leeal 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 ofthe Corporation areas follows: Name Address President: Vice President: Secretary: Treasurer: RegisteredAgent: 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. 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 matchesthe 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 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 freightchargesshallbeincludedunlessthe contract providesfor 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.TheTown's policy is to pay within 30days;however, Florida Law is net45days from the receipt of a proper 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. 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. If you are already registered as a vendor with the Town cIick 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 doesnot: Company home 1.Participate in a boycott of Israel; and 2.Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is noton the Scrutinized Companies with Activities in Sudan List; and 4.Is not on the Scrutinized Companies with Activities in theIran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. Affirm: Revised: 8.4.21 Certification Regarding Debarment, Suspension And Other Responsibility Matters TOBECOMPLETEDBYPROSPECTIVEVENDOR A.TheprospectiveVendorcertifiesthat it anditsprincipals(subcontractorsandsuppliers): 1. 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 proposalbeen convictedof judgment or had a civil entered against it for commission of fraud or a criminal offense inconnectionwithobtaining,attemptingtoobtain,orperforming 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, Scate 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/Firm Name: 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 1 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 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 orentities interested with the Contractorin 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 DISCLOSEBELOW, TO THE BEST OF HIS OR HER KNOWLEDGE,ANY TOWN OF DAVIE OFFICER OR EMPLOYEE,ORANYRELATIVEOFANYSUCHOFFICER OR EMPLOYEE AS DEFINED ABOVE AND IN SECTION1| 2.3| 35, FLORIDASTATUTES, WHO IS AN OFFICER, PARTNER,DIRECTOROR PROPRIETOROF, OR HAS A MATERIAL INTEREST IN THE VENDOR'SBUSINESSOR ITS PARENT COMPANY,ANY SUBSIDIARY, OR AFFILIATED COMPANY, WHETHER SUCH TOWN OFFICIAL OR EMPLOYEE IS IN A POSITION TO INFLUENCE THIS PROCUREMENTOR NOT. Revised:8.4.21 Please indicate below if there is a Conflict Of Interest. (Please select one option) YESNO 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 Date Authorized Signature Registering for DEMANDSTAR B uilding Communities DemandStar We are pleased to announce our membership in the DemandStar network.DemandStar is an online marketplacethat connects our suppliers directlyto the bids, quotes and RFPs that matter to them. DemandStar isopen andaccessible toall businessesand provides instant access to oursolicitations. Byregistering foryour complimentaryDemandStaraccount, youwill receive: • Instant access to bids, quotes and RFPs • Automatic notifications, right to you inbox, of bids that match the commodity codes you select • The abilityto quicklyviewthe contractual termsand scopeof 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 startedwiththese3 easy steps! Create anA ourtwith0emandStar 1 REGISTER You are one step away from picking your free government agency Go to: https.//www.demandstar.com/registration I aeeept tfie0euan¥StarTerms •f UsrandPri••cyPnt‹cy ® 2019DemandStarCorporation. All RightsReserved 206.940.0305 2 CHOOSE YOURFREEAGENCY Ehorse Your FreeAgency Receive full accesstn the gnve¥nment agencynfynurchniceand Type in the name of the government rece ve advance nncili¢atinna nf new nggnrcun\\ties agency you’d like to add, for example “CityofMetropolis”in theSearchBox Cityof\\1elrrtaIis ’ City of Metropiolls—Board of Commisioners , ciry of MetropolisP zchasing '\\J, Metropolis Technical College 3CHECKOUT 'fou have chosen l/‹!l i”‹itMir fi'i:liM II C‹ llry‹! as your 1ree agencv /tdd additional gsrernnent agencies brIow for t25 ger County, Check out with your FREE AGENCY StateiriileandNationalsubscriptionszraiIa#Ie, Registration by clicking “Skip for now” on the page whereit gives you options to add additional counties and States ¥o urCurrcni SIGNUP Visitwww.demandstar.com ® 2019DemandStarCorporation. All RightsReserved 206.940.0305 Responding to an Electronic Bid 5 Step Instructions Step 1 Bids Many governments are moving toward requiring bid responses ID: Due: electronically. Here are the steps to respond to a bid ID: Electronically. • Click on the solicitation name Step 2 Once you are in the solicitation, you will see the Bid Details page that is standardfor all solicitations • When you are ready to submit your bid, click on “Submit E-Bid Proposal” Step 3 Enter information requested page- by-page and you can see what will come next via the menu bar on the left under “E-Bid Progress Step 4 After you click NEXT on the Contact Information page, you will be directed to enter the documents required. In this example, they only ask for one document, however, in others, they may ask for multiple documents that each need to uploaded separately. TIP: There is a place for you to add “Supplemental”, i.e. non-required, documents. TIP: There is a place for you to add “Supplemental”, i.e. non-required, documents. Step 5 Review Your E-Bid Response, and if everything is correct, then press “Submit Response” You are done! And the government to which you've submitted this will download your responses and see the and documents day and time upon which you submitted your proposal. Conference Call/Online Meeting Instructions Webex Event InstructionsLink: https://help.webex.com/en-us/kwmj5eb/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/nrbgeodb/Join-a-Webex-Meeting#id_135069 Web: https://help.webex.com/en-us/nrbqeodb/Join-a-Webex-Meeting#id_135013 Phone Only: https://help.webex.com/en-us/nrbgeodb/Join-a-Webex- Meetinq#id_134853 ITB#RM-21-98 SECTION5.0BID FORM Bid PricePer (% of AMM Indicate any additional lndex percentage for Agency published Description ItemNo. hauling of scrap to recycling price paid to yard Town) 1 Ferrous Metal (Gross Ton) 80% ton Copper 2 108% lb 3 Aluminum 105% lb -- % per 4 Stainless Steel 75% lb 5 Brass (clean) 100% lb 6 Brass (unclean) 80% lb 7 Lead 70% lb Notes: 1. Basis of Award (theaverage of the five percentages = items 1 through5/dividedby5 = TotaI) (93.6%) 2. Alternatebids will notbeconsidered unlessauthorizedInthe ITB document. 8.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 Townfor material removal. 4. AMM Index is for October2018 (High Price)andconsists of the following: • FerrousMetal. #1 HeavyMelt (Alabama index)-$/Gross Ton • Copper, No, 2 heavy &wire (Atlanta)-Cents/Pound • Aluminum, Old sheet& cast (Atlanta)- Cents/Pound • Stainless, 304 SolidsclipsConsumer(Pittsburgh)- Cents/Pound • Brass. Copper—Red BrassSolids(Atlanta) —Cents/Pound • Brass,Copper — Clean=withoutattachments;unclean=withattachments BID FORMCONTINUEDON NEXTPAGE 42 ITB# RM-21-98 E-SCRAP SERVICES (OPTIONAL) Indicate any items NOT Bid Price Per (% of Accepted by Firm AMM Index published price paid to Description Town) “Pick Ups” Towers (complete PC) Firm does not track e-scrap .12% lb /all prices are per pound Hard Drives (w\\boards) .40% lb Laptops .30% lb High Grade Server\\TeIecom 1.00% lb boards Med. Grade boards .50% lb Low grade boards .10% lb Power Supplies (internal) .15% lb UPS back up (external) .12% lb Mouse\\Keyboard No value %lb Do not scrap Printers No value %lb Do not scrap Firm Name: SA Recycling Authorized Signature: Authorized Signatory Name Steve Weinberg Title: Sr. Reg Buyer Com/Govt. Seller agrees to accept the USA Procurement card for payment (optional). Circle one: YES OR NO END OF BID FORM 43 ITB# RM-21-98 SECTION 6.0 REQUIRED FORMS CLIENT REFERENCE FORM recent similar transactions. Provide a minimum of three (3) client references from 1) Name of Client Entity: Florida Power & Light Address: Westport Rd. City/State/Zip: Riviera Beach, FL Contact: Bruce Mark Title: Corporate Investment Recovery Email Address: bruce.mark@fpl.com Telephone: 561-945-4873 Scope of work: Scrap Metal, Aluminum, Copper Description of Services Provided: Roll off @ locations for scrap metals 2) Name of Client Entity: Coastal Waste & Recycling rd Address: 1840 NW 33 St. City/State/Zip: Pompano Beach, FL 33064 Contact: John Miller Title: Operations Mgr. Email Address: Telephone: 772-045-3055 Scope of Work: Scrap Drop off Description of Services Provided: Scrap metal, Steel, and Aluminum 3) Name of Client Entity: School District of Palm Beach, Broward County Address: 3376 Summit Blvd. City/State/Zip: West Palm Beach, FL 33406 Contact: Keith Howan Title: Coordinator Email Address: 561-644-9204 Telephone: Scope of Work: Scrap Equipment + \[illegible\] Description of Services Provided: Scrap + Carry of School Vehicles 45 ITB# RM-21-98 REQUIRED PROPOSER/BIDDER QUETSIONNAIRE Name of Firm: SA Recycling Date: 9/24/21 Primary Contact Person for this ITB: Steve Weinberg Primary Contact Person Email Address: sweinberg@SARecycling.com Primary Contact Person Phone Number: 561-322-6510 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?: Capital Scrap Metal 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: Not Yes If yes, please explain: 5. Has the proposer of 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. N/A 46 ITB# RM-21-98 SOURCE OF INFORMATION SURVEY 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: Town of Davie 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 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/1/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATTON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CE RTIFICATE 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 REPRESE NTATIVE 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). CONTACT NAME: Arthur J. Gallagher & Co PRODUCER Arthur J. Gallagher Risk Management Services, Inc. PHONE (A/C, No. Ext): 949-349-9874 FAX (A/C, No): 300 S. Riverside Plaza, Suite 1900 949-349-997 4 Chicago IL 60606 E-MAIL ADDRESS:certrerequests@ajg.com INSURER(S) AFFORDNG COVERAGE NAIC # 13604 INSURER A: Starr Surplus Lines Insurance Company 40112 INSURER B: American Zurich Insurance Company INSURED SA Recycling LLC 2411 16535 INSURER C: Zurich American Insurance Company North Glassell St. INSURER D: Orange, CA 92865 INSURER E: INSURER F: SARECYC-01 COVERAGES CERTIFICATE NUMBER: 1991406999 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANGE 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 CERTIFICFTE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJ ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSTYPE OF INSURANCE ADDSUBR POLICY POLIPOLICY EXP LIMITS R L WVD NUMBECY (MM/DDYY LTR INSR EFF YY) D (MM/DD/Y YYY) A X COMMERCIAL GENERAL Y Y 1000010/1/10/1/2022 EACH OCCURRENCE $1,000,000 LIABILITY 667172021 DAMAGE TO RENTED PREMISES (Ea occuence) $300,000 CLAIMS-MADE X OCCUR 211 MED EXP (Any one person) $ Excluded X AI:AL023 (6/11) PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN’L AGGREGATE LIMIT PRODUCTS -COMP/OP AGG $2,000,000 APPLIES PER: Deductible $250,000 X POLICY PROJECT LOC OTHER: C AUTOMOBILE LIABILITY BAP010/1/10/1/2022 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 X ANY AUTO 152722021 BODILY INJURY (Per person) $ OWNED AUTOS ONLY 804 BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE (Per accident) $ X HIRED AUTOS ONLY Deductible $350,000 X NON-OWNED AUTOS ONLY X phys dam ded $5,000 A UMBRELLA LIAB 1000310/1/10/1/2022 EACH OCCURRENCE $20,000,000 X 371682021 AGGREGATE $20,000,000 OCCUR 211 $ X EXCESS LIAB CLAIMS-MADE DED RETENTIONS B WORKERS COMPENSATION AND N WC0110/1/10/1/2022 X PER STATUTE OTHER Ded: $750,000 EMPLOYERS’ LIABILITY /527272021 E.L. EACH ACCIDENT $1,000,000 ANY A 04 E.L. DISEASE – EA EMPLOYEE $1,000,000 PROPRETOR/PARTNER/EXECUTIE.L. DISEASE – POLICY LIMIT $1,000,000 VE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe order DESCRIPTION OF OPERATIONS below Y/N N A Pollution Liability 1000010/1/10/1/2022 Limit Deductible $1,000,000 667172021 $100,000 211 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional lnsured/ Primary/ Waiver of Subrogation applies with respect 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 Proof of Insurance DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All Rights Reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 9/30/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATTON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CE RTIFICATE 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 REPRESE NTATIVE 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). CONTACT NAME: Arthur J. Gallagher & Co PRODUCER Arthur J. Gallagher Risk Management Services, Inc. PHONE (A/C, No. Ext): 949-349-9874 FAX (A/C, No): 300 S. Riverside Plaza, Suite 1900 949-349-997 4 Chicago IL 60606 E-MAIL ADDRESS:certrerequests@ajg.com INSURER(S) AFFORDNG COVERAGE NAIC # 13604 INSURER A: Starr Surplus Lines Insurance Company 26247 INSURER B: American Guarantee and Liability Ins Co INSURED SA Recycling LLC INSURER C: 2411 North Glassell St. INSURER D: Orange, CA 92865 INSURER E: INSURER F: SARECYC-01 COVERAGES CERTIFICATE NUMBER: 1991406999 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANGE 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 CERTIFICFTE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJ ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSTYPE OF INSURANCE ADDSUBR POLICY POLIPOLICY EXP LIMITS R L WVD NUMBECY (MM/DDYY LTR INSR EFF YY) D (MM/DD/Y YYY) A X COMMERCIAL GENERAL Y Y 1000010/1/10/1/2022 EACH OCCURRENCE $1,000,000 LIABILITY 667172021 DAMAGE TO RENTED PREMISES (Ea occuence) $300,000 CLAIMS-MADE X OCCUR 201 MED EXP (Any one person) $ Excluded X AI:AL023 (6/11) PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN’L AGGREGATE LIMIT PRODUCTS -COMP/OP AGG $2,000,000 APPLIES PER: Deductible $250,000 X POLICY PROJECT LOC OTHER: B AUTOMOBILE LIABILITY BAP010/1/10/1/2022 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 X ANY AUTO 152722021 BODILY INJURY (Per person) $ OWNED AUTOS ONLY 803 BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE (Per accident) $ HIRED AUTOS ONLY Deductible $350,000 NON-OWNED AUTOS ONLY X phys dam ded $5,000 A UMBRELLA LIAB 1000310/1/10/1/2021 EACH OCCURRENCE $20,000,000 X OCCUR 371682020 AGGREGATE $20,000,000 X EXCESS LIAB CLAIMS-MADE 201 $ DED RETENTIONS B WORKERS COMPENSATION AND N WC0110/1/10/1/2021 X PER STATUTE OTHER Ded: $750,000 EMPLOYERS’ LIABILITY /527272020 E.L. EACH ACCIDENT $1,000,000 ANY A 03 E.L. DISEASE – EA EMPLOYEE $1,000,000 PROPRETOR/PARTNER/EXECUTIE.L. DISEASE – POLICY LIMIT $1,000,000 VE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe order DESCRIPTION OF OPERATIONS below Y/N N A Pollution Liability 1000010/1/10/1/2021 Limit Deductible $1,000,000 667172020 $100,000 201 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional lnsured/ Primary/ Waiver of Subrogation applies with respect 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 Proof of Insurance THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All Rights Reserved. ACORD 25 (2016/03 The ACORD name and logo are registered marks of ACORD Request for Taxpayer Give\[ormÆothe Identification Number and Certification sendtothelPS. inctruc\\icns on page 3;: *£,e: pzeeoodaQñy\\ q Note: Check the appropriate box in he .in above for the tax classicical:on of the sin gle-rr'ember ovencr. Oo not check ' gxemot,or i them FqT A reporting ode Address (numGer, s'teet, ans at›t. ‹›r suite no.y See inslrustlo :: % 2411 N Glassell Sgt City, stzte, er'd zl ' code 1 7 List acccunï numbe } here topt onall tiTa aoe e Nnbe N ” iVumôer To Give the Rsguester -oi guidelines on \\\\'hase n›vmber to enter. Undar penalties ot perjury, I certify that: 1. The number show en this form is my correct-axpayer icenti.’icatic nun oe› (or i am v'ai*in¿ '‹›r a lJunJbe' to be Issued to me); and 2. I zrri nOt subject lo oackup w:thhoId'ñg because: (a) Tall exempt fro's ‘uacXt›p wi thholdiñQ, Or (t3) i rT vo not oee a iqotjf¡ed by Tñe |! j-grna| ,o.cvenug Service (IPS1 that I am subject tc laackup withho.di›\\g as a result of a fai ure to upor1 ali interes or oiviGentbus, or tc) tne lFtS has notched mo that l ai-n no merger suD|ect to backup vzithholcling; and ñ I cm a U S. citizen or ot.her NJ.S. person (a+finec oeIuv\\'): arliJ ñ. 1ice FATCA codets) entered on this form (i ery) irdtcating tinat I nm exe nt from FA ’EA repurtTng is cpureot, you have falled ta report all interest and dividends on ;'our tax realmo. For real e5tate transa time, •tar+ ? does not apply. Fur moiJgaqe itJ1erest paid, old er than interest and dividends, you are n.or required to sign the certi*icatiot , but you , ust provide your cotiuci I N. Saa the ineîructions for F'art tÏ, iater. General InstrucfFons Section reserences arc to the )*JternaT Plc\\'enuo Coce ur less o tnerwise noted. Future developments. Por th• IâteSt i7J’O8F0ùtÎOPi 6DOL*t d‹*vetopnJenta ret4t+o to Form W-9 anci bts instrusTïons. sucé t as législation enected citer they weru published, go to www.irs.gov/FormWfii. ” Form 1fÏ99-S Ïorocecc's horn bea, estate transactions) Purpose of Form " 8 ^*» 8* -!* (merci tant card and thïrd park noüvork îrnnsactions} An iPcJividfieT or entity (Fcrm W-9 requester) 'kilo is r+qutreo to fi|e an information retur.n with the IPS must cbtain your correct taxpayer iNeig*lficatiGn numbBr (TINy which may be your ¿oc a, seyutity ,Q Q¿t (SQL). indiviclual taxpayor icietJti?ication niJmDer (l fIt), aonpticn (EIN), to repo't on an information return the a•riuunt uaio to ynu, or ofh°r amoutât rePoriabT¢ ¢Fi arT information retur{J EXampls of irjfoirnmtiori returns i8clu88, but are not irnited to, tne foJÏowiriq. ?fyouJo,Mf*î‹:rnño,p ù-9;o;.teregue**ar;„ma{;N,yn„y,/;j • Form 1099-INT (interest earneo cr paid) tusob7 uz oöa kup vviflAoÔng. See cha 's uackup ivññuur+ng Re¿i*tratlon *ffectiY'o Oate this oTities that LA Ùl=GrLÜïNG SA RE?YGLING '.LX 1610 N PO?/EFLîNË RO POMIPAî?O 9EACH FL 33060 1623 has met the sales and use tax 'egistrsticn reef ii‹err utJts for the business location stated ahnve z.nd is authorized to collect and remit tax as required by Florida law. This r.°rtificat°- is non-transfarabla. suBrrit a ne•w registration (online or gaparj Notify the Depañment irnmediatefy if you change when you: your • move our Business location i:om one Floricia ° business name; • mailing address; county to another; ° location address with.in the some counry; or • add another location; ° purchase o' acquire an existing business; cr • close or self your business. You san also notify the Oepartment v/hen ycu ° change the form of ownership of your business temporari!y suspend or resume your Business operations. The quickesi way› to notify the Department is by v1sltlng fioridarsvenue.comñaxes/updaTeaccouat DE-1Ü P. sO/?0 Business Nnme and \\ ocatinn Adrlres• SA RECYLO\\NG IC-G01823?000 3 SA RECYCLING LLC 1610 N POWERL INE P'O POMPAND BEACH FL 3'3069-1623 13y ezte0ding tfiis certificate ot the certificate number to a sei:ing cloiiler o make eli5ibie parzhases o* taxa"ole property or services exempt from Tal.°e tax and discretionary nates s urlax, the person or business named above codifies .•hat the tazabls prop'ery or ser'/icas purchased cr re ated w›1 Uc resold or re-rerted for one or more of the Tollocf og puroams. • Rio le as fangiD!c peraonM piu|aerty. ^ U°. entaT as corr‹mcrciaI real p -opert#. • Incorporation as s mNerial, ingredisnt, or ° Re-re+mal au tang d!a pcrsonal pmperty. ° incorpora'ion intö la g:ö’e persoac( progeny oeing composent part of tangible per mal prcperty • FiosaIe ul se+vos. ropalrerj t*at Te seing pwduced fur sale by npnutactuflng, • Re-rantal as tran*ient fa tal pmpcr'y. ccmtoourtding, cr proc.°ssing. Plprida law provides tar cfirninai and civil penal for freu6uIe@ use o* a Floriaa f•nnual Resale Role.rreats. CAPITAL SCRAP' METAL LLG 1610 N POWERLI JE ID F‘OMP'ANO BEAOH FL 33069-1623 has met the registration requ'ements of Chapter 536. 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 away to notify us is online. Visit flori‹iarevenue.com/taxes/updateaccount to update your account online. \\/*/hen updating your account information, select “Sates and. Use Tax” as the “Tax Type.” Your secondhand dealer or secondary metals recycler account information will automatically de updated. You must submit a new Registration top/ication for Secondhand Dealers and Secondary Ivletals Recyclers (Form DR-1S) if: The ownership of your business changes; or, ° You move your business location from one Gounty to another county. When ihe business ownership changes, each business owner officer, member, director, partner, and stockholder with a controlling interest in the business must undergo a criminal hisiory 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. \[f you need more information, visit our website or call Taxpa.yer Services at 850-488-6600, Monday through Friday, excluding holidays. DP-11 Ft. 01/"I 3ssumd Pursuant to Chapter 538, Florida Statutes BeNifi«ate #: 16-8016239698-5 E 'ective Bale: o9/oJ/zo ExgiFatien D 'W: 09/30/21 OAP'ITAL SGRAP METAL LLC 1610 I I F-'OWERLIN E RD F'ONiPANC BEACH FL 33069-1623 Location acldress: 1610 N POWERLINE RO POMPANQ BEACH FL 33069-1623 BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-100, Ft. Lauderdale, FL 32301-1895 — 954-831-4000 VALID OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2022 t #: 33 9 -T 5 512 Receip DBA: ALL orMERS (VTAIL) Business Type: Business Name: Owner Name: So RECVCZIñG I.£C Business Opened:10/ 01/ 1981 BusinessLocation:1610 N POWR£INERD State/County/CerUReg: POMPANO BzACK Exemption Code: Business Phone: 95 4—9T 2 -1111 Emptoyzes Professionals Machines Rooms Seats Per Venaing Buslneee Only Number of Maohineo: Vending Type: Prlor Years Collection Cost t Total Paid Tax Amount transfer Fee NSF Fee t Penalty 45 . 0 0 0 . 0 0 0 . 00 0 . 00 0 . 0 0 0 . 00 45 . 0 Q THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOI¥IES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and is plannin non-regulatory in nature. You must meet all County and/or Municipality e and zoning requirements. This Business Tax Receipt must be transferred when WHEN VALIDATED 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 Receipt #WWW-20-00220343 1610 N POWERLINE RD 'a14 07/ 08/2021 45. 00 POMPANO BEACH, EL 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: Receipt#:339-15g12 SA L Business Name- BusinessType:^*OTHERS (tTAIL; Owner Name: sA nECzczzuc arc Business Opened: z 0/ 01/ 98i Business Location: 1610 N POwER£ INE RD State/County/CarUReg: PONE'WO BEAO I Exemption Code: Business Phone: 954- 97 2— \\ Seab Employees Machines Professionals Signature VendinT e: 7ax Amount NSF Fee Years cannot Cost Paid 45 . 00 0 . 0 0 0 . 0 0 M e pc #asu—20-00220343 Paia 07 as . oo Revised: 8.4.21 VENDOR INFORMATION 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 Oft Full Name If An Individual) SA Recycling Mailing Address: 1610 N. Powerline Rd. Pompano Beach, FL 33069 Remit to Address (If Different from Mailing Address): Contact Name: Steve Weinberg Telephone: 561-322-6510 Federal Tax ID Number: 74-3222369 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 Steve Weinberg sweinberg@SARecycling.com 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. - FPL – Scrap - Boeing – Scrap - Broward County School - Scrap Products & Services In the space provided below please indicate any product or services that your firm provides Ferrous, Non-Ferrous and e-scrap Recycling Revised: 8.4.21 Ownership Disclosure 1. 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 % SA Recycling 1610 N. Powerline Rd. Pompano Beach, FL 33019 100 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 8.4.21 3. The officers of the Corporation are as follows: Name Address President: George Adams 2411 N. Glassell St. Orange County 29865 Vice President: Tyler Adams 2411 N. Glassell St. Orange County 29865 Secretary: Treasurer: Registered Agent: Revised: 8.4.21 TOWN OF DAVIE CERTIFICATION PURSUANT TO FLORIDA STATUTES 287.185 SA Recycling does not: Company Name 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: Revised: 8.4.21 E-VERIFY FORM Company/Firm Name: SA Recycling 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 1 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, SA Recycling, 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 TOWN OF DAVIE CERTIFICATION REGARDING DEBARMENT Certification Regarding Debarment, Suspension And Other Responsibility f tatters TO BE COMPLETED BY PROSPECTIVE VENDOR A. The prospective Vendor certifies that it and its principals (subcontractors and suppliers): 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 s 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: 8.4.2 1 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 Steve Weinberg. Sr. Reg Buyer Command Authorized Signature Date 9/28/21 SCRAP METAL RECYCLING CO-OP PROGRAM an 1. When you are ready for a pick up of material or to schedule a roll off y container, please send e-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. 5S 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 pick up or drop off schedule. S. 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 month each City\\Dept. as directed, on a basis ly 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. third-party a where is no charge for the pickups of material by SA Recycling, unless it is tor a special circumstance, There needed to is for transportation (i.e. large AC unit off of a roof of an Agency building, where a crane is needed trucker heavy truck to move overweight (up to 40,000 lbs.), material on a large 48’ trailer, heavy duty tow load oversized and vehicles like a bus or truck, etc.). recovery fee. the from will be provided for any third-party trucking needs and those costs will be deducted A quote 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 CERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHE 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 isanADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditionsof the policy, certain policies may require an endorsement. A statement on this certificate does slot confer rights to the certificate holder in lieu of such endorsement(s). PRODU CER CONTACT NAME: Arthur J. Gallagher & Co Arthur J. Gallagher Risk Management Services, Inc PHONE (A/C. No, Ext):949-389-987 FAX (A/C, NO):949-349-9974 300 S. Riverside Plaza, Suite 1900 E-MAIL ADDRESS: certrequests@ajg.com Chicago IL 60606 INSURER(S) AFFORDINGCOVERAGE NAIC # 13604 INSURER A: StarrSurplusLinesInsurance Company INSURED : American ZurichInsurance Company 80142 INSURER B SARecyclingLLC SARECYC-01 16535 INSURER C: Zurich American Insurance Company 2411 North Glassell St. Orange, CA 92865 INSURER D: INSURER E: INSURER F: COVERAGESCERTIFICATENUMBER:1686362256REVISIONNUMBER: THIS IS TO CERTIFYTHAT THE POLICIESOF 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 CERTIFICATEMAY BE ISSUEDORMAYPERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONSAND CONDITIONSOF SUCH POLICIESLIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBR TYPE OF INSURANCELIMITS POLICY NUMBER INSR LTR POLICY EFF POLICY EXP INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) 10/1/2021 X COMMERCIAL GENERAL LIABILITY 1000066717211 10/1/2022 EACH OCCURENCE $ 1,000, 000 DAMAGE TO RENTED $ 300,000 CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) MED EXP (Any one person)$ Excluded X AI: SL 023(6/11) PERSONAL & ADV INJURY$ 1.000.000 GENERAL AGGREGATE $ 2,000, 000 GEN'L AGGREGATE LIMITAPPLIESPER: PROJECT PRODU CTS – COMP/OPAGG $2.000.000 X POLICY LOC Deductible $ 250,000 OTHER COMBINED SINGLE LIMIT (Ea accident) AUTOMOBILELIABILITY $ 2,000, 000 BAP015272804 10/1/2021 10/1/2022 X ANY AUTO OWNED AUTOS ONLY BODILY INJURY (Per person) $ SCHEDULED AUTOS X HIRED AUTOS ONLY BODILY INJURY (Peraccident) $ X NON-OWNED AUTOS ONLY PROPERTYDAMAGE (Peraccident) X phys dam ded $5,000 $ 350,000 Deductible UMBRELLA LIAB X OCCUR 1000337168211 10/1/2021 10/1/2022 $ 20,000,000 EACH OCCURRENCE X EXCESS LIAB CLAIUS-MADE AGGREGATE 20,000,000 DEDRETENTION $ PER OTH- WORKERSCOMPELISATION B WC015272704 10/1/2021 10/1/2022 X Ded: $ 750,000 STATUTEER AND EMPLOYERS’LIABILITY ANY PR OPRIETOR/PARTNER/EXECUTIV E E.L.EACHACCIDENT$ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A E.L. DII EASE - EAEMPL OYEE$ 1,000, 000 (Mandatory in NH) If yes, describe under DESCRIPTION OF E.L. DISEASE POLICY LIMIT $ 1,000,000 OPERATIONS below Limit $1,000,000 10/1/2021 10/1/2022 Pollution Liability1000066717211 Deductible $100,000 DESCRIPTION OFOPERATIONS/ LOCATIONS/ VEHICLES (ACORD1 01, Additional RemarksSchedule,maybeattach ed if more space is required) RE:Bid Number:ITB-RM-21-98;Scrap MetalRecycling -CoopREVENUE. Town of Davie is anadditionalinsuredwithrespect to GeneralLiability Coverage as required by written contract. CANCELLATION CERTIFICATEHOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEEXPIRATION DATE THEREOF, NOTICE WILLBE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Town ofDavie 6591 Orange Drive AUTH ORIZEDREPRESENTATIVE Davie FL 33314 © 1988-2015 ACORDCORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo areregistered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 1000066717211 CG 20 10 04 13 THISENDORSEMENTCHANGES THE POLICY. PLEASE READ ITCAREFULLY. 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 Location(s)OfCoveredOperations Organization(s): Where Required ByWritten Contract Where Required By Written Contract Information requiredto 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,includingmaterials,partsor equipment furnished in connection with such include as an additional insured the person(s) or work, on the project (other than service, organization(s) shown in the Schedule, but only maintenance or repairs) to be performed by or with respect to liability for "bodily injury", "property on behalf of the additional insured(s) at the damage" or "personal and advertising injury" location of the covered operations has been caused, in whole or in part, by: completed; or 1. Your actsor omissions; or 2. That portion of "your work" out of which the 2. The acts or omissions of those acting on your injury or damage arises has been put to its behalf; intended use by any person or organization in the performance of your ongoing operations for other than another contractor or subcontractor the additional insured(s) at the location(s) engaged in performing operations for a designated above. principal as a part of the same project. However: c. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insuredonlyappliestotheextentpermittedby Section III — Limits Of Insurance: law;and If coverage provided to the additional insured is 2. If coverage providedto the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured amount of insurance: will not be broader than that which you are 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 Insurance shown in the Declarations; B. With respect to the insurance afforded to these 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 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 1000066717211 CG 20 37 04 13 THISENDORSEMENTCHANGES THE POLICY. PLEASE READ ITCAREFULLY. ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS —COMPLETEDOPERATIONS 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 completethis 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 totheinsurance afforded to these with respect to liability for "bodily injury or B. additionalinsureds, the following isadded to "property damage" caused, in whole or in part, by Section III — Limits Of Insurance: "your work" at the location designated and described in the Schedule of this endorsement If coverage providedto 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 amount of insurance: However: 1. Required by the contract or agreement; or 1. The insurance afforded to such additional insured only applies to the extentpermitted by 2. Available under the applicable Limits of law; and Insurance shown in the Declarations; 2. If coverageprovidedto the additional insured is whichever is less. required by a contract or agreement, the This endorsement shall not increase the applicable insurance afforded to such additional insured Limits of Insurance shown in the Declarations. will not be broaderthanthat whichyouare CG 20 37 04 13 @ Insurance Services Office, Inc., 2012 Page 1 of 1 10/1/21, 2:58 PM Detail by FEI/EINNumhet Department of StaIe / Division of Corpora tions / Search Recorals / Search by FEI/EIN Number / Detail by FEI/EIN Number ForeignLimitedLiabilityCompany SA RECYCLING LLC Filing Information Document Number M20000010759 74-3222369 FEI/EIN Number 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 TALLAHASSE E, FL 32301 Authorized Person(s) Detail Name & Address TitleMBR ADAMS, GEORGE 462 N CARLISLE PLACE ORANGE, CA 92869 Title AP JOHNSON, TESHA 955 E BROADWAY ANAHEIM, CA 92805 Title MBR SWEETMAN, MARK https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResuItDetaiI?inquirytype=FeiNumber&directionType=InitiaI&searchNameOrder=74322236... 1/2 10/1/21, 2:58 PM Detail by FEI/EINNumhet DocumentImages 01/28/2021 -- ANNUAL REPORT Viewimage inPDFformat 11/19/2020 -- Foreign Lin ited View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResuItDetaiI?inquirytype=FeiNumber&directionType=InitiaI&searchNameOrder=74322236... 2/2 TOWN OF DAVIE TOWN COUNCIL AGENDA REPORT Item Number: 7. To:Mayor and Councilmebers From: Brian O’Connor, Procurement Manager, C.PM. Prepared By: Rebecca Moreau, MPA. NIGP -CP P, CP PP, ProcurementCoordinator - Purchasing Subject: Resolution Affected Town Wide District: Item Request: Schedule for Council Meeting Title of Agenda Item: BID SELECTION – A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FROM SA RECYCLYING IN ACCORDANCE WITH ITB #RM-21-89 SCRAP METAL RECYCLING COOPERTIVE REVENUE CONTRACT ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP; PROVIDIN FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Executive Summary: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. The Town, acting as the lead agency for the Southeast Florida Governmental Purchasing Cooperative 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 a period 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: Thisis arevenue contractfor theremoval,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 Governmental Purchasing Cooperative 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 amount will be determined based on the type of metal scrap that is sold. Recommendation: Motion to approve AT TAC HMENT S: File Name Description -RM-21-98_Resolution.docx RESO 1-PAF. odf PAF 2-Ad_Affifdavit.pdf Ad Affidavit 3-Bid Opening_Report pdf Bid Opening Report 4-TabulationpdfTabulation 5-ITB-RM-21-98_Notice_of_Intent_to_Award pdf ITB-RM-21-98 Notice of IntenttoAward 6-ITB-RM-21-98_Solicitation.pdfITB-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 ContractProgram Procedures 9-COI.pdf COI 10-Sunbiz.pdf Sunbiz