Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
R20-011
1 RESOLUTION NO. R20-011 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,AWARDING BID NO.004-2821-19/EM FOR"LIME AND 5 SLUDGE REMOVAL, HAULING AND DISPOSAL TO PROLIME 6 CORPORATION OF WASHINGTON,MI AS THE LOWEST,MOST 7 RESPONSIVE, RESPONSIBLE BIDDER IN THE ESTIMATED 8 ANNUAL AMOUNT OF $271,200.00; AUTHORIZING THE CITY 9 MANAGER TO SIGN A CONTRACT WITH PROLIME 10 CORPORATION; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, on December 13, 2019, Procurement Services opened four(4)bids 13 in response to Invitation to Bid No. 004-2821-19/EM for "Lime and Sludge Removal, 14 Hauling and Disposal"; and 15 WHEREAS, the bids were reviewed and it was determined to recommend this 16 award to Prolime Corporation as the lowest, most responsive, responsible bidder; and 17 WHEREAS, the initial term of the contract awarded shall be for three (3) years 18 with two (2) additional one (1) year renewable periods, subject to vendor acceptance, •i9 satisfactory performance and determination that the renewal is in the best interest of the 20 City. 21 WHEREAS, the City Commission of the City of Boynton Beach upon 22 recommendation of staff, deems it to be in the best interest of the citizens and residents to 23 approve the bid award and authorize the City Manager to sign a Contract with Prolime 4 Corporation of Washington, MI, as a result of Invitation to Bid No. 004-2821-19/EM for 25 "Lime and Sludge Removal, Hauling and Disposal" with an estimated annual amount of 26 $271,200.00 for a period of three (3) years with an option to renew for two (2) one-year 27 terms. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 29 OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 20 21 S:\CA\RESO\Agreements\Award of BID-lime and sludge removal(Prolime)-Reso.docx 1 Section 1. The foregoing "Whereas"clauses are hereby ratified and confirmed 2 as being true and correct and are hereby made a specific part of this Resolution upon 3 adoption. 4 Section 2. The City Commission of the City of Boynton Beach, Florida, 5 hereby approves the bid award and authorize the City Manager to sign a Contract with 6 Prolime Corporation of Washington, MI, as a result of Invitation to Bid No. 004-2821- 7 19/EM for"Lime and Sludge Removal, Hauling and Disposal" with an estimated annual 8 amount of$271,200.00 for a period of three (3) years with an option to renew for two (2) 9 one-year terms, a copy of the Contract is attached hereto and incorporated herein as 10 Exhibit"A". 11 Section 3. That this Resolution shall become- effective immediately. 12 PASSED AND ADOPTED this dgday of January, 2020. 13 CITY OF BOYNTON BEACH, FLORIDA 14 YES NO 15 16 Mayor—Steven B. Grant ✓f 17 18 Vice Mayor—Justin Katz ✓ 19 Commissioner—Mack McCray Commissioner—Christina L. Romelus 23 24 Commissioner—Ty Penserga 25 VOTE 5--r0 27 ATTEST: 28 4.751, 29A.�� 20 C stal Gibson, MMC El City Clerk - 33 34 (Corporate Seal) ty 1020 S:\CA\RESO\Agreements\AWagdS f 61)a lime and sludge removal(Prolime)-Reso.docx CONTRACT NO. 004-2821 -20/EM FOR LIME SLUDGE REMOVAL HAULING AND DISPOSAL BETWEEN THE CITY OF BOYNTON BEACH AND PROLIME CORPORATION THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and PROLIME CORPORATION, 58610 Van Dyke Rd., Washington, MI 48094, hereinafter referred to as "Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Vendor is retained by the City to provide Lime and Sludge Removal, Hauling and Disposal as outlined in INVITATION TO BID #004-2821-20/EM, which by reference is hereby made part of this agreement and Vendor's response to the ITB attached as Exhibit "B". 2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified on Exhibit "A" attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies on an "AS NEEDED" basis. No modifications will be made to the original scope of work without the written approval of the City Manager or designee. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required pursuant to this Agreement effective January 21, 2020. 4. TERM. The initial term of the contract shall be for three (3) years effective upon date the contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the Finance Director may extend the agreement at the same terms, and conditions, for two (2) one-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal will be in the best interest of the City. An increase in cost of less than 2% for each extension may be approved by the City administration and does not require Commission approval. 5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for services rendered under this Agreement as follows: a. The total contract price in the amount of$16.95 per Cubic Yard for an annual estimated amount of$271,200 for a period of three years (3), with an option to renew for two (2) one- year terms for a total $1,356,000 estimated amount over the total potential term of the agreement, shall be the total amount of payment to Vendor for services provided under this Agreement for the entire term of the Agreement. b. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. c. The Vendor may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. d. Final payment of any balance due the Vendor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. f. The Vendor's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Vendor in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Vendor's endeavors. 7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and City of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$1,000,000 per occurrence to$2,000.000 aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Vendor any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15.TERMINATION. a. Upon thirty (30) calendar days' written notice to Contractor, City may, without cause and without prejudice to any other right or remedy, terminate this Agreement for City's convenience. Where the Agreement is terminated for the convenience of City, the notice of termination to Contractor must state that the Agreement is being terminated for the convenience of the City under this termination clause, the effective date of the termination, and the extent of termination. Contractor shall be paid for the services up to and including the effective date of the termination. This shall mean payment for all completed tasks and payment for uncompleted tasks based upon a percentage of completion of such uncompleted tasks. Contractor shall not be paid on account of loss of anticipated profits or out of or resulting from such termination. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Vendor shall be sent to the following address: PROLIME CORPORATION 58610 VAN DYKE RD. WASHINGTON, MI 48094 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Firm. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30)days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSONC@BBFL.US 20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473. By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 21. EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. DATED this 1 day of , 20020 CITY OF BOYNTON BEACH PROLIM: CORN • 'ATION IFF l 4i% Lori LaVerriere, City Manager Ro J ert V. Rogers, P esident Attest/Authenticated: v kv ,�c-��i (Corporate Seal) C tal Gibson, City Clerk • Approved as to Form: Atte - i • ed: James A. Cherof, City Attorney ecreta ROe -r v -•- s .5E4RI/ EXHIBIT A SCOPE OF SERVICES Contractor shall be responsible for the hauling and disposal of East water treatment plant dry lime sludge on an as needed basis. Pickup site is the City of Boynton Beach East Water Treatment Plant 1620 S. Seacrest BLVD., Boynton Beach, FL 33435. Contractor will have and maintain all necessary permits for transport and disposal of the dry lime sludge produced. The Contractor will comply with all regulations pertaining to the transport and disposal of the lime sludge. The Contractor will be responsible for all related costs - whether stated or unstated - for the acceptance, transport, management and disposal of dry lime sludge in accordance with all existing applicable regulations and in compliance with all requirements of this document. The City's facilities are currently operating under regulations issued by Federal and State regulatory agencies. The Contractor shall abide by any order, regulation, permit, license, restriction, injunction, moratorium, or denial of permission to operate the facilities which may be imposed or issued by any agency having jurisdiction. The Contractor shall cooperate with the City during any test, experiment, construction, maintenance, or any other operation, which may affect the production of lime sludge at the City facility. Disposal Site Lime Sludge will be hauled from the designated location to an approved disposal site(s) (use attachment B within this bid). Contractor shall be responsible for supplying equipment and the manpower necessary for the loading, transporting and disposal of the lime sludge, unless otherwise specified. Scheduling Lime sludge pickups to be made upon request by the Chief Operator or his designee at the East Water Treatment Plant. The City will give a two (2) day minimum notice to the contractor for all pickups. Contractor shall notify the Chief Operator or his designee immediately whenever unforeseen situations occur that may interfere with the scheduled transport. Contractor agrees that sludge removal operations will not be halted due to transportation problems. Trip/disposal tickets on a form acceptable to the City and FDEP shall establish a chain of custody from the City to the Contractor and quantities delivered. Such tickets shall reflect each load transported and shall match each load referenced in invoices submitted to the City for payment by the Contractor. These tickets will indicate the tonnage of sludge hauled, date, driver and ultimate disposal site for each truck load. Tickets will be signed by the Water Treatment Manager or his designated representative. The City will retain a copy of the tickets for its records. Measurement of Quantities for Billing Purposes Contractor shall coordinate and verify with the Chief Operator or designee in measuring the quantities of sludge removed. These measurements will be the basis for payment. If trucks are not properly filled, the truck will be turned around and reloaded. Dumping Charges The Contractor will be responsible for payment of any and all dumping charges. Working Hours and Scheduling Intervals Service shall be performed at hours designated by the Chief Operator or designee and in such a manner as not to disrupt ongoing operations. Services will generally be required on a normal work day excluding weekends and holidays, however City may require services at any given time. Normal working hours are from 7 a.m. to 3 p.m. For security reasons Contractor shall not have access to the property after hours, without explicit approval from City. NO EXCEPTIONS. A. Any violations of weight regulations or traffic laws will be the sole responsibility of the Contractor. B. Contractor will completely remove and sanitize any spillage, accidental or otherwise, which occurs on or off the City's site. In addition, the Contractor shall report the spillage to the proper agencies and to the City in a timely manner. The City reserves the right to inspect and reject all modes proposed by the Contractor for transporting the dry lime sludge. The cleanup of any sludge which is dumped, spilled, or discarded in any location other than a site authorized for that purpose, shall be the sole responsibility of the Contractor, and conducted by the Contractor at his expense, in accordance with all applicable laws. Quantity shown on pricing page 8,000 CYs is only an estimate of the amount of lime sludge to be removed over a twelve (12) month time period. The City makes no guarantee of any minimum amount to be transported from the plant during the contract time period. This chart shows the number of 20 cu yard trucks hauled in previous fiscal years: FISCAL YEAR TRUCKS HAULED FY2015/2016 0 FY2016/2017 441 FY2017/2018 251 The Contractor will have and maintain all permits and shall meet all Federal, State and local rules and policies pertaining to the transport of lime sludge. If new regulations either proposed or in effect at the time of the proposal due date are enacted which cause substantial economic impact upon the Contractor, the City may negotiate with the Contractor to reach a mutually satisfactory resolution to the processing cost differential Current mode of Operation: All bidders to assume current mode of operation as follows: city resources will stock pile the material to an area South of the Sludge Lagoon from where the vendor will load and hauling material. No other alternatives to current operations to be considered at this time. Scheduling of loading and hauling activities must be coordinated through the Chief Operator or designee. Hauling and disposal is anticipated at least once a month, however, may be more frequent depending on plant operations. During loading and hauling operations, no more than ten (10) trucks can be staged on site. No trucks will be allowed to be staged off site and in the adjacent neighborhood streets. If needed, hauling operations may be extended over several days. Vendor may use their own version of a load ticket, however, at a minimum, each ticket must include date, time, truck number, driver's name and number (if applicable), and cubic volume of load. Prior to leaving the plant, each truck load must be visually verified by the City, with a Load Ticket submitted to the designated City personnel overseeing the hauling operation. Contractor is to have clearly identified disposal locations. Identify disposal site; name address, type of facility and attach certification authorizing acceptance of dry lime sludge. Any changes or modifications in disposal site must be accepted by the City. Additionally, proposer shall provide a letter of guarantee from an additional source where it can obtain additional vehicles in the event they are required and must identify all equipment to be used. EXHIBIT B SUBMITTAL - PROLIME CORP. Resource Recovery Programs ORIGINAL Pfimaimarior 40#14M SERVICES Complete Lime Management CITY OF BOYNTON BEACH PURCHASING SERVICES 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FL 33426 BID NO. 004-2821-20/EM LIME SLUDGE REMOVAL, HAULING AND DISPOSAL DUE/OPEN: FRIDAY, DECEMBER 6, 2019 AT 2:30 P.M. PROLIME CORPORATION 58610 VAN DYKE WASHINGTON, MI 48094 586-781-7070 (P) 586-781-7078 (F) email@prolime.net LIME SLUDGE REMOVAL, HAULING AND DISPOSAL BID No.: 004-2821 -20/EM 1,., -414k , ikolk, BID OPENING DATE: December 6, 2019 BID OPENING TIME: 2:30 P. M. (LOCAL TIME) PURCHASING SERVICES, CITY HALL The City of Boynton Beach Purchasing Services / r P.0.Box 3110 Boynton Beach,Florida 33425-0310 \ '4\ Telephone:(561)742-6323 FAX:(561)742-6316 INVITATION TO BID FOR LIME SLUDGE REMOVAL, HAULING AND DISPOSAL BID No.: 004-2821-20/EM Sealed bids will be received in PURCHASING SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426 on or by: December 6. 2019: No Later Than 2:30 P.M. (Local Time), Bids will be opened in: PROCUREMENT SERVICES-CITY HALL unless otherwise designated. Bids received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that a bid can be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid, whichever is sooner. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. LOBBYING I CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation from the time of advertisement and shall remain in effect until Council awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Any questions relative to any item(s) or portion of this bid should be directed to Eric Marmer, Senior Buyer; Telephone: (561) 742-6318, E-mail: marmere@bbfi.us SCOPE OF BID: The City of Boynton Beach Utilities Department is seeking a firm price, per cubic yard, for Lime Sludge Removal and Disposal, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid. The bid term is for a period of three (3) years, with the option to renew for two (2) one-year terms. Contact: City of Boynton Beach Purchasing Services 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33426 Eric Marmer, Senior Buyer (561) 742-6318 or marmere@bbfl.us Office Hours: MONDAY—FRIDAY, 8:00 A.M. TO 5:00 P.M. CITY OF BOYNTON BEACH A14181Q TIM W. HOWARD ASSISTANT CITY MANAGER—ADMINISTRATION INVITATION TO BID FOR LIME SLUDGE REMOVAL, HAULING AND DISPOSAL BID No.: 004-2821-20/EM Section 1 — SUBMITTAL INFORMATION A. The City of Boynton Beach will receive bid responses until December 6, 2019 at 2:30 P.M. (LOCAL TIME) in Purchasing Services located at City Hall, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their bid response delivered to Purchasing Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. Bid responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the proposer's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the bid and prior to the award being made. C. If any addendum(s) are issued to this Bid, the City will attempt to notify all prospective bidders who have secured same, however, it shall be the responsibility of each bidder, prior to submitting the bid response, to contact the City Procurement Services at (561) 742-6322 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their bid response. D. One (1) original, so marked, one (1) copy, and 1 electronic copy of the bid response shall be submitted in one sealed package clearly marked on the outside "INVITATION TO BID FOR LIME SLUDGE REMOVAL, HAULING AND DISPOSAL" to: City of Boynton Beach, Purchasing Services, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 E. Responses shall clearly indicate the legal name, address and telephone number of the bidder (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to contractually bind the proposer to the submitted bid. Bidder must note their Federal I.D. number on their bid submittal. 3 GENERAL CONDITIONS FOR BIDDERS FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibility to adhere to such regulations. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. EXECUTION OF BID: Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a proposal, respond by returning one copy of the "STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. MINOR IRREGULARITIES/RIGHT TO REJECT: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. The City of Boynton Beach reserves the right to waive irregularities or informalities in Bids or to reject all Bids or any part of any Bid deemed necessary for the best interest of the City. The City may reject any response not submitted in the manner specified by the solicitation documents. 4 RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. Inquiries must reference the date by which the bid is to be received. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for S the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected, unless addressed in the Special Conditions Section of the bid documents. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's submittal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to h specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this submittal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. PUBLIC ENTITY CRIMES: As provided in Fla. Stat. § 287.133(2)(a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and my not transact business with any public entity in excess of the threshold amount provided S.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. OPTIONAL CONTRACT USAGE BY OTHER GOVERNMANTAL AGENCIES: If a bidder is awarded a contract as a result of the solicitation, if bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the solicitation and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be 8 computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the using department and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts 9 resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101, BOYNTON BEACH, FL 33426 561-742-6061 GIBSONC@BBFL.US QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to Eric Marmer, Senior Buyer, Monday through Friday, 8:00 A.M. to 5:00 P,M, at(561) 742-6322; E-mail marmere@bbfl.us LOCAL BUSINESS PREFERENCE 1(1 The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. TERMINATION Upon thirty (30) calendar days' written notice to Contractor, City may, without cause and without prejudice to any other right or remedy, terminate this Agreement for City's convenience. Where the Agreement is terminated for the convenience of City, the notice of termination to Contractor must state that the Agreement is being terminated for the convenience of the City under this termination clause, the effective date of the termination, and the extent of termination. Contractor shall be paid for the services up to and including the effective date of the termination. This shall mean payment for all completed tasks and payment for uncompleted tasks based upon a percentage of completion of such uncompleted tasks. Contractor shall not be paid on account of loss of anticipated profits or out of or resulting from such termination SCRUTINIZED COMPANIES - 287.135 and 215.473 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Solicitation responses of $1 million or more must include the attached Scrutinized Companies form to certify that the Proposer is not on either of those lists. SPECIAL TERMS AND CONDITIONS ti PURPOSE: The purpose of this Solicitation is to obtain bids from contractors for Lime Sludge Removal and Disposal, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid. TERM OF CONTRACT: The initial term of the contract awarded shall be for three (3) years effective upon date the contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the Finance Director may extend the agreement at the same terms, and conditions, for two (2) one-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal will be in the best interest of the City. An increase in cost of less than 2% for each extension may be approved by the City administration and does not require Commission approval. The City reserves the right to extend automatically for a period not to exceed an additional twelve (12) months in order to provide the City with continual service while a new contract is solicited, evaluated and/or awarded. PRICE ESCALATION/DE-ESCALATION. The City of Boynton Beach will allow a price escalation/de-escalation provision within this award. The original bid prices shall be firm for a 1-year minimum period. A price escalation/de- escalation will be allowed 1 year after the beginning of the award period and at 1-year intervals thereafter, provided the Awardee notifies the City of Boynton Beach, in writing, of the pending price escalation/de-escalation a minimum of 60 days prior to the effective date of the price escalation/de-escalation. The price escalation percentage change shall not exceed the previous 1-year's percentage change of the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Department of Labor's Bureau of Labor Statistics. Failure to comply with these instructions shall be grounds for disallowance of a price escalation as allowed herein. If, at the point of exercising the price escalation provision, market media indicators show that the prices have decreased, and that the Awardee has not passed the decrease on to the City of Boynton Beach, the City reserves the right to place the Awardee in default and cancel the award. BASIS OF AWARD: It is the intent of the City to award the bid to the lowest responsive and responsible bidder. Once opened, the bids will be tabulated and evaluated by the City before recommendation and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept or reject any or all bids for any reason whatsoever. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. i Remainder of Page Intentionally Left Blank INVITATION TO BID FOR LIME SLUDGE REMOVAL, HAULING AND DISPOSAL BID No.: 004-2821-20/EM SCOPE OF WORK Contractor shall be responsible for the hauling and disposal of East water treatment plant dry lime sludge on an as needed basis. Pickup site is the City of Boynton Beach East Water Treatment Plant 1620 S. Seacrest BLVD., Boynton Beach, FL 33435. Contractor will have and maintain all necessary permits for transport and disposal of the dry lime sludge produced. The Contractor will comply with all regulations pertaining to the transport and disposal of the lime sludge. The Contractor will be responsible for all related costs - whether stated or unstated - for the acceptance, transport, management and disposal of dry lime sludge in accordance with all existing applicable regulations and in compliance with all requirements of this document. The City's facilities are currently operating under regulations issued by Federal and State regulatory agencies. The Contractor shall abide by any order, regulation, permit, license, restriction, injunction, moratorium, or denial of permission to operate the facilities which may be imposed or issued by any agency having jurisdiction. The Contractor shall cooperate with the City during any test, experiment, construction, maintenance, or any other operation, which may affect the production of lime sludge at the City facility. Disposal Site Lime Sludge will be hauled from the designated location to an approved disposal site(s) (use attachment B within this bid). Contractor shall be responsible for supplying equipment and the manpower necessary for the loading, transporting and disposal of the lime sludge, unless otherwise specified. Scheduling Lime sludge pickups to be made upon request by the Chief Operator or his designee at the East Water Treatment Plant. The City will give a two (2) day minimum notice to the contractor for all pickups. Contractor shall notify the Chief Operator or his designee immediately whenever unforeseen situations occur that may interfere with the scheduled transport. Contractor agrees that sludge removal operations will not be halted due to transportation problems. Trip/disposal tickets on a form acceptable to the City and FDEP shall establish a chain of custody from the City to the Contractor and quantities delivered. Such tickets shall reflect each load transported and shall match each load referenced in invoices submitted to the City for payment by the Contractor. These tickets will indicate the tonnage of sludge hauled, date, driver and ultimate disposal site for each truck load. Tickets will be signed by the Water Treatment Manager or his designated representative. The City will retain a copy of the tickets for its records. Measurement of Quantities for Billing Purposes Contractor shall coordinate and verify with the Chief Operator or designee in measuring the quantities of sludge removed. These measurements will be the basis for payment. If trucks are not properly filled, the truck will be turned around and reloaded. Dumping Charges 14 The Contractor will be responsible for payment of any and all dumping charges. Working Hours and Scheduling Intervals Service shall be performed at hours designated by the Chief Operator or designee and in such a manner as not to disrupt ongoing operations. Services will generally be required on a normal work day excluding weekends and holidays, however City may require services at any given time. Normal working hours are from 7 a.m. to 3 p.m. For security reasons Contractor shall not have access to the property after hours, without explicit approval from City. NO EXCEPTIONS. A. Any violations of weight regulations or traffic laws will be the sole responsibility of the Contractor. B. Contractor will completely remove and sanitize any spillage, accidental or otherwise, which occurs on or off the City's site. In addition, the Contractor shall report the spillage to the proper agencies and to the City in a timely manner. The City reserves the right to inspect and reject all modes proposed by the Contractor for transporting the dry lime sludge. The cleanup of any sludge which is dumped, spilled, or discarded in any location other than a site authorized for that purpose, shall be the sole responsibility of the Contractor, and conducted by the Contractor at his expense, in accordance with all applicable laws. Quantity shown on pricing page 8,000 CYs is only an estimate of the amount of lime sludge to be removed over a twelve (12) month time period. The City makes no guarantee of any minimum amount to be transported from the plant during the contract time period. This chart shows the number of 20 cu yard FISCAL YEAR TRUCKS HAULED trucks hauled in previous fiscal years: FY2015/2016 0 FY2016/2017 441 FY2017/2018 251 The Contractor will have and maintain all permits and shall meet all Federal, State and local rules and policies pertaining to the transport of lime sludge. If new regulations either proposed or in effect at the time of the proposal due date are enacted which cause substantial economic impact upon the Contractor, the City may negotiate with the Contractor to reach a mutually satisfactory resolution to the processing cost differential Current mode of Operation: All bidders to assume current mode of operation as follows: city resources will stock pile the material to an area South of the Sludge Lagoon from where the vendor will load and hauling material. No other alternatives to current operations to be considered at this time. Scheduling of loading and hauling activities must be coordinated through the Chief Operator or designee. Hauling and disposal is anticipated at least once a month, however, may be more frequent depending on plant operations. During loading and hauling operations, no more than ten (10) trucks can be staged on site. No trucks will be allowed to be staged off site and in the adjacent neighborhood streets. If needed, hauling operations may be extended over several days. Vendor may use their own version of a load ticket, however, at a minimum, each ticket must include date, time, truck number, driver's name and number (if applicable), and cubic volume of load. Prior to leaving the plant, each truck load must be visually verified by the City, with a Load Ticket submitted to the designated City personnel overseeing the hauling operation. MINIMUM QUALIFICATIONS Bidder shall submit information and documentation requested in this Section that confirms it meets the following qualification requirement(s). For the purposes of this ITB, a responsible Bidder is a Bidder that meets the minimum qualification requirements below. 1. Contractors Qualifications Emphasis will be given as to how the firm-wide experience and expertise in the area of Lime Sludge Removal. Contractors must have a minimum of three (3) years of lime sludge hauling/disposal operations within the State of Florida. Bidder shall provide a list with year, make and model of all equipment proposed to use in providing Lime Sludge removal services to the City. Contractor is to have clearly identified disposal locations. Identify disposal site; name address, type of facility and attach certification authorizing acceptance of dry lime sludge. Any changes or modifications in disposal site must be accepted by the City. Additionally, proposer shall provide a letter of guarantee from an additional source where it can obtain additional vehicles in the event they are required and must identify all equipment to be used. The successful Contractor shall be required to execute a City contract covering the scope of services to be provided and setting forth the duties, rights and responsibilities of the parties. 2. References Provide a list (use attachment C within this bid) and description of similar projects satisfactorily performed within the past three (3) years and must provide references. For each engagement listed, include the name and telephone number of a representative for whom the engagement was undertaken who can verify satisfactory performance. Emphasis should be given to references from government entities. If the proposer cannot satisfy the requirements for similar work, the City may reject the bid. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK INVITATION TO BID FOR LIME SLUDGE REMOVAL, HAULING AND DISPOSAL BID No.: 004-2821-20/EM Date: ja(o3JV69 We the undersigned, as Bidders, hereby declare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services 17 as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid,and for the prices quoted thereon as follows. Submit your signed, firm, fixed fee pricing for providing all services, materials, etc., required for completion of services. The unit price is all inclusive, and includes all equipment, labor, and material, required in hauling the lime sludge from the premises, including, but not limited to, providing a frontend loader with operator, loading the lime sludge material into vendor provided trucks, and hauling the loads from the plant to a site approved by the state to receive lime sludge. Description Estimated Annual Price Per Cubic Yard Total Estimated Quantity Annual Cost Hauling and disposal Provide cubic yards of lime sludge from the Boynton Beach East Water Treatment Plant to an approved disposal 16,000 Cubic Yards $ '� $ ��� .�C, site. All equipment,labor and resources necessary in loading, hauling,and disposal. 610 n COMPANY NAME SIGNA RE PRINTED NAME ( mgt, ) '781 -900)0 Paesi 7E1\ TELEPHONE NUMBER TITLE • eri-ii; t t %ir3 lm e. f'e+ E-MAIL ADDRESS Attachment"A" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M.Best Co.of"B+"or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits, based upon identified risk.) TYPF, (Occurrence Based Only) MINIMUM LIMITS REQUIRED 18 General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000.000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $1,000.000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50.000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal Garage Liability Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee S 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Other- As Risk Identified to be determined 19 BIDDER ACKNOWLEDGEMENT Submit Bids to: PURCHASING SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 Telephone: (561)742-6310 Bid Title: "LIME SLUDGE REMOVAL, HAULING AND DISPOSAL" Bid Number: 004-2821-20/EM Bid Due: December 6, 2019, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise and may not be withdrawn within ninety(90)days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Bidder: P(?...()L-i N1 L-4 e;41'C A . i Federal I.D. Number: S$-Act(jc x`54 A Corporation of the State of: M t Ct-VI GAc tj Area Code: SG Telephone Number: ')S I "1-74 ' Area Code: � FAX Number: `7S1 -70r7 Mailing Address: I t.) VAIN OV-1.<C_ f-�'D City/State/Zip: Vv/a i-1 i tv �� M t 1-1 $OC14 Vendor Mailing Date: 1 qI u. taU 161 E-Mail Address: rtrtait)pfoitme ,t\ei C721 Authorized Signatu THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of tkilILHt(Aly • County of MAGDN'i t3 ) R& E2..f 1rr POC E..S , being first duly sworn, deposes and says that: 1) He is 1172 ii t sD ENIT of 11?-6t..._I M - L- c.)CZ. ( (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid: 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. ( A204( Signed) I -- w Subscribed and sworn to before me (Title) PC:0' p{:_=;q j• rG Thisd) day of l "mit, 20 I r;1 � ', Nor` n f cau y ausix • nnr of MAco0,4a i MY Commission Ewes ?1' � is : N:, Dec.».20,9 My commission expires 1 ,r' Ca THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ANTI-KICKBACK AFFIDAVIT k1UGt1 IL,At STATE OF FLORIDA MA60MPS : SS COUNTY OF PALM acne ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. ( _It By: NA E - SIGNATURE Sworn and subscribed before me this day of batt 64/L.r ,20 1(1 Printed Information:- - �,.,„.,,,,., I� O �;.1 V- Roc-Fes; GQ,OL,A •f yG9^ NAME ' 'R'' c •s�� Af• rs TLE 1n I • ( • 17,2)1 7 0 NOTARY PUBLIC, State orid1�1e- r~ at Large A-GTING Idt77CGM13 CDu , M COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? V Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER / (specify) ( J) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO - If YES. Name the Organization from which this certification was obtained and date: - ,vf #- Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify t his 'irr1 comp j es fully with the above requirements. 2 endor's Signature P.bt. Zr - . Pi2E5%Oat; PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. {kou11MAATt&tJ CONTRACTOR N E 1 By ROt�'T Title: &Ci t ck-T Date: 1Rj/3/ O/q THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 25 N Df A PPL (Q BLE CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, , the of ( :me of officer of company) (Title of officer of company) , located at (Name o orporation/Company) (Business Address) Certify that I - an authorized representative of the business and, on behalf of the Business, reque that it be deemed to be a local business for purposes of the City of Boynton Beach Loca reference Program. Answering yes to Question 1 and Question 2 below will qualify the bus ess as a local business. In support of this request, I certify the following to be true and corr NAME OF BUSINESS: 1. Is the business located within\e City limits YES *.) Number of Years: of Boynton Beach, Florida? 2. Does the business have a busine tax YES 14.52 Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida S NO Division of Corporations? I understand that misrepresentation of any facts in connectio with this request may be cause for removal from the certified local business list. I also agree at the business is required to notify the City in writing should it cease to qualify as a local busine . Print Name: Signature: ***FOR PURCHASING USE ONLY* Business License Year Established: ❑ Active:\ Verified by: Date: i',lll�t tib, off CERTIFICATION PURSUANT TO FLORIDA iLTV 06erS STATUTE § 287.135' , I, Z _ ►D , on behalf of kl.i�t�U� (�gPO ATIC ertify 1; Print Name and Title Company Name that it Qb aPDEPi it) 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 Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over$1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Pe oleum Energy Sector List. PRO LM� CuQPC Q-nuc r:1 f4:6 COMPANY NAME SIGNATURE Q0C V C,C 0Q,Si t»;i PRINT NAME TITLE STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach\FL 33426 Failure tolerespond may result in deletion of vendor's name from the qualified bidder's list for the City>"pf Boynton Beach. COMPANY NAl1'rlE: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bi. on your Bid No.: 004-2821-20/EM to "LIME SLUDGE REMOVAL, HAULING AND DISPOS " because of the following reasons: Specifications too "tight", i.e., gea d toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent \ Our product schedule would not permit us to perform\ Unable to meet specifications Unable to meet bond requirements • Specifications unclear(explain below) Other(specify below) REMARKS: Attachment B DISPOSAL SITES Identify disposal site(s);name address,type of facility and attach certification authorizing acceptance of dry lime sludge. Site I Name Agency/Company Roiz i Z!*1 Address ;?, c& aou!t,i Rm.) no City,Stare,Zip r .LL ('L.A D.. 1=1. 350)0 Facility Type CCM PCSI WI€, 1-Li L i Site 2 Name Agen rl many Address City,Stare,Zip Facility Type Site 3 Name Age . pany Address City,Stare,Zip Facility Type `-�` Attachment C REFERENCES AND LOCAL LOCATIONS WORK HISTORY Provide contracts for similar work that your firm has completed in the past three (3)years. CALENDAR YEAR 2016 GENERAL DESCRIPTION VALUE OF DATE NAME AND PHONE NUMBER OF OF WORK PERFORMED WORK COMPLETED ADDRESS OF PROJECT OWNER AS PRIME CONTRACTOR PERFORMED PROJECT OWNER .V- ie(c c-41) rn ttta: 2.a( 10(2-tn.4C62 1 12bu.} w nwititAA7,1 151X3 DUU.' iQp- cco>�, 644 pea.o .w, n� ��u�i f Grp-�.� .� m Fdderu�s genes,S > fay 'i 17 Attachment C (continued) CALENDAR YEAR 2017 1 GENERAL DESCRIPTION VALUE OF DATE NAME AND PHONE NUMBER OF OF WORK PERFORMED WORK COMPLETED ADDRESS OF PROJECT OWNER AS PRIME CONTRACTOR PERFORMED PROJECT OWNER rn Q ZG1.t0044019041-- ,v(x3' d►�lnua et) Irifaiv1( ��,tio c4 ,-5 �C:e-c cola � �z ativrYt/ ii 044 err/A-it ti- C'a,r14.<, 652= 11 4 . . . 1 -t+ Jf 1002P-A) ( te)&ab-540!q I nt eit t- act Attachment C (continued) CALENDAR YEAR 2018 GENERAL DESCRIPTION VALUE OF DATE NAME AND PHONE NUMBER OF OF WORK PERFORMED WORK COMPLETED ADDRESS OF PROJECT OWNER AS PRIME CONTRACTOR PERFORMED PROJECT 1,, OWNER iat=ce_. 11)111710.4:Aajtat4 -hg0)006. ' "41914- ( q)7a-Dc6o Alou,(,un6 G ted. i. n�Ai -4085_ e 4. ffi (30- 7J-8g3a "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING. PROFESSIONAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and TBD, hereinafter referred to as "Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Vendor is retained by the City to provide Lime and Sludge Removal, Hauling and Disposal as outlined in BID#004-2821-20/EM. 2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified on Exhibit"A" attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required pursuant to this Agreement effective TBD. 4. TERM. The initial term of the contract shall be for three (3) years effective upon date the contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the Finance Director may extend the agreement at the same terms, and conditions, for two (2) one-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal will be in the best interest of the City. An increase in cost of less than 2% for each extension may be approved by the City administration and does not require Commission approval. 5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for services rendered under this Agreement as follows: a. The total contract price, TBD , shall be the total amount of payment to Vendor for services provided under this Agreement for the entire term of the Agreement b. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. c. The Vendor may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. d. Final payment of any balance due the Vendor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. f. The Vendor's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Vendor in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Vendor's endeavors. 7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and City of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2,000.000 aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Vendor any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15.TERMINATION. a. Upon thirty (30) calendar days' written notice to Contractor, City may, without cause and without prejudice to any other right or remedy, terminate this Agreement for City's convenience. Where the Agreement is terminated for the convenience of City, the notice of termination to Contractor must state that the Agreement is being terminated for the convenience of the City under this termination clause, the effective date of the termination, and the extent of termination. Contractor shall be paid for the services up to and including the effective date of the termination. This shall mean payment for all completed tasks and payment for uncompleted tasks based upon a percentage of completion of such uncompleted tasks. Contractor shall not be paid on account of loss of anticipated profits or out of or resulting from such termination. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Vendor shall be sent to the following address: F)l't)Lnils e-00.(7 '1^_ (-M 5 t) VA ti Dike RD .rU A ivU tUt1/4.3; 453bei4 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Firm. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law: C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSONC@BBFL.US SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. DATED this day of , 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Signature of Authorized Official Printed Name of Authorized Official Attest/Authenticated: Title (Corporate Seal) Crystal Gibson, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary The City of Boynton Beach Finance/P.ProcurementO.Box 310 Services _�' � _.�.„..,, _ Boynton Beach,Florida 33425-0310 Telephone:(561)742-6310 „Y Ne --- �c FAX:(561)742-6316 QUESTIONS AND ANSWERS DATE: November 18, 2019 RFP No. 004-2821-20/EM - "LIME SLUDGE REMOVAL, HAULING AND DISPOSAL” Information included in this document will not have a material impact on the submittal for this solicitation. This document is issued for informational purposes only. It is not necessary to return or acknowledge it in the submittal. The following questions were submitted by prospective proposers prior to the deadline and are answered below in bold type: 01: Is there a specific reason for the decrease in lime sludge hauled from FY 2016/2017 compared to FY 2017/2018? Al: It is assumed that the lack of hauling in 2016 attributed to the need for more hauling in 2017. Q2: What was the total tonnage haul in FY2017/2018? A2: Quantity hauled has always been referenced in cubic yards/truck load. We have not weighed the lime sludge, at the time of hauling, to properly determine tonnage. Q3: Where is the current contractor disposing of the dry lime sludge? A3: It has been reported that the current contractor is/was disposing of lime sludge through an approved "lake fill/recycle" project. The awarded bidder will be required to locate an approved site for disposal. Q4: Will the front end loader used for the duration of the contract have to be mobilized and demobilized during each pick-up? A4: No. The front end loader can remain on-site, however, lime sludge hauling is not expected to be a weekly occurrence. Lime sludge is excavated from a sludge lagoon 1-2 times per year. Q5: With the possibility of 4-5 loads weekly can the loader be left on site? A5: Yes, but see response above. Q6: Who is the current contractor for this contract? A6: Westwind Contracting Q7: 7. How many trucks were listed for the FY 2017/2018 year (used to haul the 251, 20 cubic yard loads)? A7: 251 If you have any further questions or require additional clarification, please e-mail Eric Marmer, Senior Buyer, marmere@bbfl.us or phone (561) 742-6318. Sincerely, Eric Marmer Eric Marmer. MPA Senior Buyer The City of Boynton Beach "rV's, Finance/Procurement Services P.0.Box 310 Boynton Beach,Florida 33425-0310 Telephone:(561)742-6310 FAX:(561)742-6316 QUESTIONS AND ANSWERS DATE: November 19, 2019 RFP No. 004-2821-20/EM - "LIME SLUDGE REMOVAL, HAULING AND DISPOSAL" Information included in this document will not have a material impact on the submittal for this solicitation. This document is issued for informational purposes only. It is not necessary to return or acknowledge it in the submittal. The following questions were submitted by prospective proposers prior to the deadline and are answered below in bold type: 01: What is the current price cubic yard and/or current bid and unit of measure for the contract currently held by Westwind Contracting? Al: The current price is $10.751CY If you have any further questions or require additional clarification, please e-mail Eric Marmer, Senior Buyer, marmere@bbfl.us or phone (561) 742-6318. Sincerely. Eric Marmer Eric Marmer, MPA Senior Buyer State of Florida Department of State I certify from the records of this office that PROLIME CORPORATION is a Michigan corporation authorized to transact business in the State of Florida, qualified on October 12, 2000. The document number of this corporation is F00000005774. I further certify that said corporation has paid all fees due this office through December 31, 2019, that its most recent annual report/uniform business report was filed on January 18, 2019, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eighteenth day of January, 2019 1‘. , tel.- - , Secretary of State Vli Tracking Number:9657529537CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication PRO" MOW, 58610 Van Dyke Washington, Michigan 48094 586-781-7070 586-781-7078 (Fax) email@'prolime.net December 6, 2019 CITY OF BOYNTON BEACH RE: BID NO. 004-2821-20/EM, LIME SLUDGE REMOVAL, HAULING AND DISPOSAL DISPOSAL SITE AUTHORIZATION To Whom It May Concern: Horizon 880, LLC is a 30-acre compost facility located in Palm Beach County owned and operated by Robert Rogers/Prolime Corporation. The lime residuals from the City of Boynton Beach, under Bid No. 004-2821- 20/EM will be accepted at this site. If you have any questions, please feel free to contact our office at the number listed above. Robert V. Rogers President & CEO ARCUME 58610 Van Dyke Washington, Michigan 48094 586-781-7070 586-781-7078 (fax) email@prolime.net December 6, 2019 CITY OF BOYNTON BEACH RE: BID NO.: 004-2821-20/EM, LIME SLUDGE REMOVAL, HAULING AND DISPOSAL EQUIPMENT LIST Prolime has quite an extensive fleet of vehicle and equipment capable of completing this project. In addition, we also have multiple contracts with Interstate Truck, PacLease and Nextran and, if necessary, will provide letters of guarantee that additional vehicles and equipment could be secured should it become necessary. Some of the vehicles and equipment that could be used for this project are as follows (list is not all inclusive): 2015 Peterbuilt 579 Truck 2016 Mack Truck 2020 Peterbuilt 579 Trucks (2) 2006 Mac Trailer 2007 Mac Trailer 2009 Mac Dump Trailers (2) 2008 John Deere 644J Loader If you require additional information, please contact our office. Robert V. Rogers President and CEO DATE(MMlDD/YYYY) ACORO® CERTIFICATE OF LIABILITY INSURANCE iI4..----- 11/25/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marlene Miller NAME: VTC Insurance Group PHONE (248)888-0371 Fwx 4A/C,No,Ext): 1(A1C,No):(248)471-0641 37000 Grand River Ave Ste 150 E-MAiL marlenemiller@vtcins.com ADDRESS:_ I INSURER(S)AFFORDING COVERAGE ! NA/IC I Farmington Hills MI 48335 --INSuRERAAmerisure Mutual Insurance Co. 123396 INSURED nrSURERB:Continental Casualty Co 20443 Prolime Corporation INSURER C: 58 610 Van Dyke INSURER 0: INSURER E: Washington MI 48094 INSURER F: COVERAGES CERTIFICATE NUMBER:19-20 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR_ ______ _.____—.__— _-_-'AODSUBR POLICY EFF POLICY EXP T --- - __ LTR( TYPE OF INSURANCE MSO WVD POLICY NUMBER (MDDI MIYYYY) (MMIDDIYYYYI 1 UMITS X j COMMERCIAL GENERAL UABILITY i EACH OCCURRENCE S 1,000,000 A !CLAIMS-MADE X OCCUR i DAMAGE TO RENTED 1,000,000 PREMISES jEa oc sane f X XCD Not excluded __ X CPP210214300 7/21/2019 17/21/2020 MED EXP(Any one person) S 10,000 ,.___J _-_______ i PERSONAL a ADV INJURY S 1,000,000 i GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 4--- �y l PRO- i--7 • - - . X POLICY I i, T I I LOC PRODUCTS:COMP/OP AGG $ _ 2,000,000 OTHER: — _-__ S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I S 1,000,000 _(Ea accident) A X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED X cA210214200 7/21/2019 7/21/2020 BODILY INJURY(Per S AUTOS �AUTOS X , y 1 NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS ..I AUTOS _(Per accident) - Mi Uninsured motorist S 1,000,000 X UMBRELLA LIAR X OCCUR I EACH OCCURRENCE $ 2,000,000 A EXCESS LIARCLAIMS-MADE (AGGREGATE $ 2,000,000 DED X RETENTIONS 0 CU210214402 7/21/2019 7/21/2020 i $ 1 WORKERS COMPENSATION 1P STATUTE I ER AND EMPLOYERS'LIABILITY Y IN : I ANY PROPRIETORJPARTNERIEXECUTIVE I E.L.EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED i ('N/A) _. .__L_.__t-.__._ A (Mandatory in NH) Wc210214100 7/21/2019 7/21/2020 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I S 1,000,000 B EPLI 287285560 7/21/2018 i 7/21/2020 Limit $1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule.may be attached if more space is required) Project: ITB NoL 004-2821-20/EM Lime Sludge Removal, Hauling and disposal Where required by written contract, The City of Boynton Beach is additional insured for General Liability as respects ongoing & completed operations on a primary & non-contributory basis and additional insured with respects to Automobile liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 310 Boynton Beach, FL 33425 AUTHORIZED REPRESENTATIVE Mark Provo/MEF.:'•- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 z:•to ±;