Okaloosa County BOCC — November 4, 2012 — DRC Contract — reading text

contract. Last Revised -— 06/12/2007 7 SPECIAL BID CONDITIONS 1. Information: For any additional information regarding these specifications, contact Richard L. Brannon, Purchasing Department, 850-689-5960 or Cindy Halsey, Solid Waste, 850-651-7394. Any changes by the County to specifications shall be in writing in the form of an addendum and furnished to all bidders. 2. Accident Prevention: Precautions shall be exercised at all times for the protection of persons and property. All contractors and sub-contractors shall conform to all OSHA, State and County regulations while performing under the terms and conditions of this contract. Any fines levied by the above mentioned authorities because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. Barricades shall be provided by the bidder when work is performed in areas traversed by persons or when deemed necessary by the County Project Manager. 3. Permits: The contractor shall be responsible for obtaining any necessary building permits. 4. Minimum Qualifications: Bids will be considered only from firms which are regularly engaged in the business of providing the type of services described in the bid specifications. Minimum qualifications to be recommended for award are: a. Proof of having been in business for a minimum of three (3) years within one of the following occupations: i 1. Bulk hauling of debris or fill 2. Construction involving earth removal 3. Demolition work b. Proof of ownership or long term lease (12 months or more) of a minimum of: 1. 10 mobile knuckleboom loaders 2. 30 20-cubic yard trucks or 40-cubic yard tandems 3. 6 4 yard front end loaders 4. 3 bulldozers 5. Capability of providing additional crews as required C. Acceptable proof would be copies of past years’ tax returns, copies of past occupational licenses, etc. Bidders shall be given up to seven (7) calendar days after bid opening to provide required proof. Failure to provide requested documentation may result in the bid to be found “non-responsive.” 5. Additional Work: The County/Entity shall retain the option to add zones or to divide zones if it deems necessary. If in the County/Entity’s opinion the debris within a zone cannot be cleared in a timely manner by the awardee of the zone, an additional contractor may be called in to assist with the debris removal. Last Revised — 04/10/2007 6. Authority to Piggyback: All bidders submitting a response to this Invitation to Bid agree that such response also constitutes a bid to all governmental agencies listed under the same conditions, for the same contract price, and for the same effective period as this bid, should the bidder feel it is in their best interest to do so. Each governmental agency desiring to accept these bids and make an award thereof shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this bid. This agreement in no way restricts or interferes with the right of any governmental agency to bid any or all items. The following zones will be the responsibility of the respective city in which they are located. All bidders must understand that these separate independent government agencies shall solely determine whether they will contract for debris removal as a result of this bid: Zones City of Mary Esther 5 City of Ft. Walton Beach 6, 7, 8, 9, 10, 14, 15, 16, 17, 19, 20 City of Shalimar 12, 13, 18 City of Destin 3 City of Valparaiso 23, 28 City of Niceville 24, 29, 31, 32 City of Crestview 38, 43, 44, 45, 46, 47, 49 City of Laurel Hill 58 City of Cinco Bayou 62 7. Terms of Contract: This contract shall be effective upon completion of a signed agreement and will extend through September 30, 2009. Price adjustment at renewal time will be considered, with the County/Government Entity reserving the right to reject any and all increases and putting the contract back out for bid. This contract may be renewed for up to three (3) years at a time if agreeable between the contractor and the County/Government Entity. 8. Award of Contract: a. Contractor must bid on all 62 zones (see attached map). Okaloosa County will provide the contractor(s) who is awarded this bid a more detailed map of all zones. The bid will be awarded to the lowest responsive, responsible bidder based on the haul distance rate “per ton/per cubic yard” indicated on the bid form. The County/Government Entity reserves the right to award this contract to multiple bidders. The zones which will be awarded by the Okaloosa County Board of County Commissioners are: Last Revised — 04/10/2007 9 10. 11. 1, 2, 4, 11, 21, 22, 25, 26, 27, 30, 33, 34, 35, 36, 37, 39, 40, 41, 42, 48, 50, 51, «52, 53, 54, 55, 56, 57, 59, 60, 61 Note: Each City entity qualifies to award their area and to enter into a separate stand alone contract with the low bidder. b, Upon receipt of a “Notice to Proceed”, the contractor shall commence work within 48 hours. Cc. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa-County Purchasing Director to emphasize this condition to potential proposers. d. There is no obligation on the part of the County to award the proposal to the lowest proposer, and the County reserves the right to award the proposal to proposer submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa county, and to reject any and all proposals or to waive any irregularity or technicality in proposals received. Okaloosa County shall be the sole judge of the proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final. e. The Board of County Commissioners reserves the right to waive any informalities or reject any and all proposals, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this proposal and to accept the proposal that in its judgement will best serve the interest of the County. f. The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will normally reject those that made it impossible to determine the true amount of the proposal. Liquidated Damages: Should the contractor fail to commence work for the Okaloosa County Board of County Commissioners within two (2) calendar days or should the contractor fail to continue the work in an expeditious manner, the contractor shall be subject to a One Thousand Dollar ($1,000.00) per day per city/governmental agency assessment for liquidated damages. This sum will be deducted from monies due the contractor. Specification Exception: Bidder shall clearly list any changes in the bid specifications. Bidders must explain any deviation from the bid specifications, in writing, as a footnote on the applicable bid page. Failure of the bidder to comply with these provisions may result in the bidder being disqualified. Addition/Deletion of Items: The County reserves the right to add or delete any item from this bid or resulting contract when deemed to be in the County's best interest. Last Revised — 04/10/2007 10 12. 13. 14. 15. 16. 17. Last Revised — 04/10/2007 Bids will not be considered from vendors who are currently involved in official financial reorganization or bankruptcy proceedings. Local Preference: Okaloosa County reserves the right to grant a preference to in-county bidders only when bids are received from firms located in states, counties, municipalities or other political subdivisions which offer preference to bidders located in such political subdivisions. The amount of preference given to local bidders will be the same as that given by the state, county, municipality or other political subdivisions in which a bidder is located. If the political subdivision in which a bidder is located offers a preference to its local firms, that bidder must plainly state the extent of such preference to include the amount and type preference offered. Any bidder failing to indicate such preference will be removed from the County bid list and any all bids from that firm will be rejected. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. Bid Bond: Bidders are required to submit a Bid Bond, Cashier's or Certified Check in the amount of $10,000 payable to the Okaloosa County Board of County Commissioners. Any bid proposal which is not accompanied by a bid guaranty shall be considered non- responsive and ineligible for award. All bidders shall be entitled to the return of the bid bond within ten (10) calendar days after execution of a contract between a successful bidder and Okaloosa County. Performance Bond/Payment Bond: The bidder to whom a contingent award is made and are notified of activation of the contract for an event shall duly execute and deliver to the County a Performance and Payment Bond in the amount of $10,000 per sector. The completed form shall be delivered to the County within 10 calendar days after award by the Board of County Commissioners. If the bidder fails to deliver the Payment and Performance Bond within this specified time, the County shall declare the bidder in default of the contractual terms and conditions. The County shall not accept any proposal from the bidder for a twelve (12) month period following such default. Bid Opening Information: Bid Opening shall be public, on the date and time specified on the bid form. It is the bidder's responsibility to assure that his bid is delivered at the proper time and place. Offers by telegram, facsimile, or telephone are NOT acceptable. NOTE: Crestview, Florida is "not a next day guaranteed delivery location" by delivery services. Public Entity Crime Information: 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 may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 11 18. 19. 20. 21. 22. Conflict of Interest Disclosure Form: The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their proposals the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its agencies. Furthermore, all respondents must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. Furthermore, the official, prior to or at the time of submission of the proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County, if he is an officer or employee of the County, disclosing his or spouse’s or child’s interest and the nature of the intended business. Note: For bidder’s convenience, this certification form is enclosed and is made a part of the bid package. Identical Tie Bids: Preference shall be given to