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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-048Temp. Reso. #10932 March 16, 2006 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE THE PURCHASE OF A SINGLE AXLE PRESSURE CLEANER TRAILER UNIT FROM U.S. JETTING, LLC, UTILIZING BROWARD COUNTY BID NUMBER C605181 FF; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $29,999.00 FOR SAID PURPOSE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac Utilities Department utilizes a high-pressure sewer rodding machine to clear sewer blockages in sewer laterals which serve the City's utility customers; and WHEREAS, the current pressure cleaner trailer unit is a 1993 model with significant wear and tear which prompted a request for a replacement during the Fiscal Year 06 budget process; and WHEREAS, the request was approved and funding was appropriated for this pressure cleaner trailer unit replacement; and 1 Temp. Reso. #10932 March 16, 2006 Page 2 of 4 WHEREAS, Section 6-155 of the Code of Ordinances of the City of Tamarac allows the Purchasing Officer the authority to purchase supplies, materials and equipment subject to contracts with other governmental agencies; and WHEREAS, Broward County awarded Bid Number C605181 FF to U.S. Jetting, LLC, for an initial term of one (1) year, expiring on July 13, 2006, a copy of which is hereto attached as "Exhibit 1 ", for a single axle pressure cleaner trailer unit for sewer, drain and pipe cleaning; and WHEREAS, U.S. Jetting, LLC, has agreed to extend the pricing, terms and conditions of Broward County Bid Number C605181 FF to the City of Tamarac, a copy of said authorization is hereto attached as "Exhibit 2"; and WHEREAS, the Director of Utilities and Purchasing/Contracts Manager recommend that Broward County Bid Number C605181 FF be utilized for the purchase of a single axle pressure cleaner trailer unit for sewer, drain and pipe cleaning in an amount not to exceed $29,999.00; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the 1 1 Temp. Reso. #10932 March 16, 2006 Page 3 of 4 purchase of a single axle pressure cleaner trailer unit for sewer, drain and pipe cleaning from U.S. Jetting, LLC, utilizing Broward County Bid Number C605181 FF in an amount not to exceed $29,999.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to purchase a single axle pressure cleaner trailer unit for sewer, pipe and drain cleaning from U.S. Jetting, LLC, utilizing Broward County Bid Number C605181 FF. SECTION 3: An expenditure in an amount not to exceed $29,999.00 for said purpose is hereby approved. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #10932 March 16, 2006 Page 4 of 4 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application; it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6 passage and adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this �_ day of , 2006. *ETHLANSBAUM- ALABI CO ATTEST: MAYOR il --, Z 6" � V ("It, Nl� 4z — yu RECORD OF COMMISSION VOTE: g MARION SWENS N, CMC MAYOR FLANSBAUM-TALABISCO CITY CLERK DIST 1: V/M PORTNER f DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF ZME DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. EN CITY ATTO EY AD/mg `�p ,r L/LIS "EXHIBIT 1" ► t"" TR #10932 SUBMIT BID TO: BOARD OF COUNTY COMMISSIONERS Broward County Purchasing Division BROWARD COUNTY, FLORIDA BR' ",'V1/ARD 115 S. Andrews Avenue, Room 212 COUNTY Fort Lauderdale, Florida 33301-1801 INVITATION FOR B I D 954-357-6065/66 Bidder Acknowledgment — GENERAL CONDITIONS — THESE INSTRUCTIONS ARE STANDARD FOR ALL CONTRACTS FOR COMMODITIES/SERVICES ISSUED BY THE BOARD OF COUNTY COMMISSIONERS. THE BOARD OF COUNTY COMMISSIONERS MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN THE SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. BY ACCEPTANCE OFA PURCHASE ORDER ISSUED BY THE COUNTY, BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS INVITATION FOR BID SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY. SEALED BIDS: This form must be executed and sub- mitted with all bid sheets and should be in a sealed envelope. (PLEASE INCLUDE ONE ORIGINAL SIGNED BID DOCUMENT IN BLUE INK AND ONE PHOTOCOPY OF SIGNED BID DOCUMENT PER ENVELOPE). The face of the envelope should contain the above address, the date and the time of bid opening, and bid number. Bids not submit- ted on attached bid may be rejected. All bids are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. 1. EXECUTION OF BID: A. Bid must contain an original signature of an individual authorized to bind the bidder. Bid must be typed or printed in ink. The ink should be blue ink. All corrections made by bidder to their bid must also be initialed. The bidder's name should also appear on each page of the bid sheet if required. B. No award will be made to a bidder,.who is delinquent -in ayment of any.tax@s, fees, finas, t�ontractural.de ts, judgments, or any other debts due and owed to thd'County, or is in default on any contractual or re�ufatory obligation to the County. By signing and submitting this bid, bidder attests that it is not delinquent in payment of any taxes, fees, fines, contractual debts, judgments or any other debts due and owed to the County, nor is it in default on any contractual or regulatory obligation to the County. In the event the bidder's statement is discovered to be false, bidder will be subject to debarment and the•County may terminate any contract it has with bidder. C. Bidder certifies by signing the bid that no principles orcorporate officers of the firm were principles or corporate officers in any other firm which may have been suspended or debarred from doing business with Broward County within the last three years, unless so noted in the bid documents. 2. BID WITHDRAWAL: No bidder may withdraw their bid before the expiration of ninety (90) calendar days from the date of bid opening unless vendor so notes in the bid. 3. BID OPENING: Shall be public, on date, location and time specified on the bid form.The official time is the time clock located in the Purchasing Division reception area and will be accepted by all parties without reservation. It is the bidder's responsibility to assure that their bid is delivered on date, location and time specified on the bid form. Bids, which for any reason are not so delivered, will not be considered. Bid files and any bids after they are opened may be examined during normal working hours by appointment. Bid tabulations are available for inspection upon request. Bid results will be posted on the Broward County web site at: www.broward.org/pur- chasing/results. (Continued on Page 2) BIDS WILL BE OPENED 2:00 p.m. JULY 5, 2005 and may not be withdrawn within 90 calendar days after such date and time. BID TITLE PRESSURE CLEANER (SEWER, DRAIN S PIPE CLEANING) (REBID) BID NO, C605181 FF PURCHASING AGENT NAME & TELEPHONE NUMBER ELLIE O'CONNELL (954) 357-6087 DELIVERY DATE it's Q or SEE SPECIAL INSTRUCTION CASH DISCOUNTTERMS BID GUARANTY IS A7TACHED, WHEN REQUIRED, IN THE AMOUNT OF $ 2 9 99 q, vO , REASON FOR NO BID FEDERAL EMPLOYER I.D. or SOCIAL SECURITY NUMBER 58-25`1 83,a DUN & BRADSTREET NUMBER BIDDER NAME u-.s.IT&,_-T WI.-,r L-1-c- BIDDER MAILING ADDRESS/CITY/STATErZIP pp S50 M C.FiL .Irk" Zo AREA CODE TELEPHONE NO. CONTACT PERSON FAX NO, BIDDERS E-MAIL ADDRESS O O .A too — NATURE (submit original in blue ink) _ICE► A[AfJ ... Vi5746tk 'U..p : f �U_ PRINT NAME TITLE 'Ice" that this bid is made wigmul prior understanding, agreemant, or connection with any corporation,drm er psryen submNWhg a hid for the "no Itemshervices, and is In as respects fair and wphdut Collusion or fraud I agw to abide by all renditions of this bid and certify that I am authorized to sign this bid for the bidder. Further by signature of this form, page 1 through 5 are acknowledged and sccspted as wall as any special instruction shwKs) d applicable. Form f1103-28 (Rev. 8/04) Page 1 of 5 ADDENDA TO BID: Broward County reserves the right to amend this Invitation For Bid prior to the Bid opening date indicated. Only written addenda will be binding. If, upon re- view, material errors in specifications are found, contact the Purchasing Division immediately, prior to Bid opening date, to allow for review and subsequent clarification on the part of Broward County, PRICES, TERMS & PAYMENTS: Firm prices shall be bid and include all handling, set up, shipping and inside delivery charges to the destination shown herein unless otherwise indicated. (a) The Biddeh in submitting this bid certifies that the prices quoted herein are not higher than the prices at which the same commodity(ies) or service(s) is sold in approximately similar quantities under similar terms and conditions to any purchaser whomsoever. (b) t .O.B. --- as specified in Special Instructions to bid- der. (c) Tie Bids: The award on tie bids will be decided by the Director of the Purchasing Division in accordance with the provisions of the Procurement Code. (d) TAXES: Broward County is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption numbers appear on purchase order. The Contractor shall pay all applicable sales, consumer, land use, or other similar taxes required by law. The Contractor is responsible for reviewing the pertinent State Statutes involving the sales tax and complying with all requirements. (e) DISCOUNTS: Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation In the unit prices bid. (f) MISTAKES: Bidders are cautioned to examine all specifications, drawings, delivery instructions, unit prices, extensions and all other special conditions pertaining to the bid. Failure of the bidder to examine all pertinent documents shall not entitle them to any relief from the conditions imposed in the contract. In case of mistakes in extension, the unit price shall govern. Multiplication or addition errors are deemed clerical errors and shall be corrected by the County. (g) ORDERING: The Board of County Commissioners reserves the right to purchase commodities/services specified herein through contracts established by other governmental agencies orthrough separate procurement actions due to unique or special needs. if an urgent delivery is required, within a shorter period than the delivery time specified in the contract and if the seller is unable to comply therewith, the Board of County Com- missioners reserves the right to obtain such delivery from others without penalty or prejudice to the County or to the seller, OPEN-END CONTRACT. No guarantee is expressed or implied as to the total quantity of commodities/sei vices to be purchased underany open end contract. Estimated quantities will be used for bid comparison purposes only. The Board of County Commissioners reserves the right to: issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies and release partial quantities or, issue instructions for use of Direct Purchase Orders by various County agencies, or, any combination of the preceding. No delivery shall become due or be acceptable without a written order or shipping instruction by the County, unless otherwise provided in the contract, Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required, the seller may be given telephone notice, to be confirmed by an order in writing. CONTRACT PERIOD (OPEN-END CONTRACT): The initial contract period shall start with the expiration date of the previous contractor date of award, whichever Is latest, and shall terminate one (1) year from that date. The contractor will complete delivery and the County will receive delivery on any orders mailed to the contractor prior to the date of expiration. The Purchasing Director may renew this contract fora second period subjectto vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the County. Notification of Intent to Renew will be mailed sixty (60) calendar days in advance of expiration date of this contract. All prices, terms and conditions shall remain firm for the initial period of the contract and for any renewal period unless subject to price adjustment specified as a "special condition" hereto, In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the Purchasing Director. The extension period shall not extend for more than ninety (90) days beyond. the expiration date of the existing contract. The Contractor shalt be compensated for the service at the rate In effect when this extension clause is invoked by the County. FIXED CONTRACT QUANTITIES: Purchase order(s) for full quantities will be issued to successful bidder(s) after notifica- tion of award and receipt of all required documents. Fixed contract quantities up to twenty (20) percent of the originally specified quantities may be ordered prior to the expiration of one (1) year after the Slate of award, provided the Contractor agrees to furnish such quantities at the same prices, terms and conditions. AWARDS: If a specific bans of award is not established In the special Instructions to bidders, the award shall be to the responsible bidder with the lowest responsive bid meeting the written specifications. As the best interest of the Board of County Commissioners may require, the right is reserved to make award(s) by individual oommoditiestservices, group of commodities/services, all or none or any combina- tion thereof. When a group is specified, all items within the group must be bid. A bidder desiring to bid "No Charge" on an item in a group must so indicate, otherwise the bid for the group will be construed as Incomplete and may be rejected. However, if bidders do not bid all items within a group, the County reserves the right to award on an item by item basis. When a group bid is indicated for variable quantities and the bid for the group shows evidence of unbalanced bid prices, such bid may be rejected. The Purchasing Director, or the Board of County Commissioners, whichever is applicable reserves the right to waive technicalities and irregularities and to reject any or all bids. 10. PAYMENT: Payment will be made by the County after com- modities/services have been received, accepted and properly invoiced as indicated in contract and/or order. Invoices must bear the purchase order number. 11, DELIVERY: Delivery time shall be computed in calendar days from the- issuance date of purchase order. Although, actual requested date or number of calendardays for delivery may be specified, state number of calendar days required to make Page 2 of 5 Pages delivery and installation after Issuance of purchase order or request for services in space provided. Unless otherwise stipulated in the Contract, delivery shall be made between 9:00 a.m. and 4:00 p.m., Monday through Friday, except holidays, and at other time by special arrangements. However goods required for daily consumption, or where the delivery is an emergency, a replacement, or is overdue, the convenience of the Division shall govern. If, in calculating the number of calendar days from the order date, the delivery date falls on a Saturday, Sunday or holiday, delivery shall be made not later than next succeeding business day. Delivery time may be considered in determining award. 12. TERMINATION: (a) AVAILABILITY OF FUNDS: If the term of this contract extends beyond a single fiscal year of the County, the continuation of this Contract beyond the end of any fiscal year shall be subject to the availability of funds from the County in accordance with Chapter 129, Florida Statutes. The Broward County Board of County Commissioners shall be the final authority as to availability of funds and how such available funds are to be allotted and expended. In the event funds for this project/purchase are not made available or otherwise allocated Broward County may terminate this contract upon thirty (30) days prior written notice to the contractor. (b) NON PERFORMANCE: The Contract may be ter- minated for cause by the Awarding Authority for the County or by Bidder ff the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved party identifying the breach. Cause for termination shall Include, but not be lim- ited to, failure to suitably perform the work, failure to suitably deliver goods in accordance with the specifica- tions and instructions in this Bid, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of the County as set forth in this Bid, or multiple breach of the provisions of this Bid notwithstanding whetherany such breach was previously waived or cured. (c) TERMINATION FOR CONVENIENCE: The Awarding Authority may terminate the Contract for convenience upon no less than thirty (30) days written notice. In the event the Contract is terminated for convenience, Bid- der shall be paid for any goods properly delivered and services properly performed to the date the Contract is terminated; however, upon being notified of County's election to terminate, Bidder shall cease any deliver- ies, shipment or carriage of goods, and refrain from performing further services or incurring additional expenses under the terms of the Contract. In no event will payment be made for lost or future profits. Bidder acknowledges and agrees that ten dollars ($10.00) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Bidder, is given as specific consideration to Bidder for the County's right to terminate this Contract. 13. CONDITIONS AND PACKAGING: Unless otherwise stated in the special instructions to bidders or the bid sheets, or specifically ordered from an accepted price list, deliveries must consist only of new and unused goods and shall be the current standards production model available at the time of the bid. The goods must be suitably packaged for shipment by common carrier. Each container or multiple units or items otherwise packaged shall bears label, imprint, stencil or other legible markings stating name of manufacturer or supplier, purchase order number and any other markings required by specifications, or Wher acceptable means of identifying vendor and purchase order number 14. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standards thereunder. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered from a contract resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). A Material Safety Data Sheet (MSDS) should also be submitted to the Broward County Risk Management Division, 115 South Andrews Avenue, Room 210, Fort Lauderdale, Florida 33301.1803, The MSDS must Include the following information. (a) The chemical name and the common name of the toxic substance. (b) The hazards or other risks in the use of the toxic sub- stance, including: 1. The potential for fire, explosion, corrosivity, and reactivity; 2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 3. The primary routes of entry and symptoms of over- exposure. (c) The proper precautions, handling practices, necessary personal protective equipment, and other safety precau- tions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. (d) The emergency procedure for spills, fire, disposal, and first aid. (e) A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. (f) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for Preparing the information. 15. MANUFACTURERS NAME AND APPROVED EQUIVA- LENTS: Manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification are for information and establishment of quality level desired and are not intended to limit competition unless otherwise specified in the bid. The bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, Indicate on the bid form the manufacturer's name and catalog number. Bidder shall submit with the bid complete descriptive literature and/or specifications. The bidder should also explain in detail the reason(s) why and submit proof that the proposed equivalent will meet the specifications and not be considered an excep- tion thereto. Broward County Board of County Commissioners reserves the right to be the sole judge of what is equal and acceptable. Bids which do notcomplywith these requirements are subject to rejection. If Bidder fails to name a substitute it will be assumed that the bidder will furnish goods identical to bid standard. 16. INTERPRETATIONS: Any questions concerning conditions and specifications of this bid shall be directed in writing to the Purchasing Division a minimum of 24 hours prior to bid Page 3 of 5 Pages opening. No interpretation(s) shall be considered binding unless provided to all Bidders in writing by the Purchasing Director. 17. NON-CONFORMANCETO CONTRACT CONDITIONS:The County may withhold acceptance of, or reject any items which are found, upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within five (5) calendar days by the Vendor at their expense and redelivered at their expense. Rejected goods left longer than thirty (30) days will be regarded as abandoned and the Board shall have the right to dispose of them as its own property. On foodstuffs and drugs, no written notice or rejection need be given. Upon verbal notice to do so, the. Vendor shall immediately remove and replace such rejected merchandise at their expense. Rejection for non-conformance, failure to provide services conforming to specifications, or failure to meet delivery schedules may result in contractor being found in default. 18. INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance will be at destination.Tide and risk of loss or dam- age to all items shall be the responsibility of the contractor until accepted by the County. 19. GOVERNMENTAL RESTRICTIONS: Intheeventanygovern- mentat restrictions may be imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on this bid priorto theirdelivery, it shall be the responsibility of the successful bidder to notify the County at once, indicating in their letter the specific regulation which required an alteration. The Board of County Commissioners reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no further expense to the County. 20. LEGAL REQUIREMENTS: Applicable provisions of all Federal, State of Florida, County and local laws, and of all ordinances, rules and regulations including the Procurement Code of Broward County shall govern development, submit- tal and evaluation of bids received In response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid in response hereto and Broward County by and through its officers, employees and authorized representative, or any other person natural or oth- erwise. Lack of knowledge by any bidder shall not constitute a recognizable defense against the legal effect thereof. 21. INDEMNIFICATION: Bidder shall at all times hereafter indem- nify, hold harmless and, at County Attorney's option, defend or pay for an attorney selected by County Attorney to defend County, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of Bidder, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Contract including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Contract. To the extent considered necessary by the Purchasing Director and the County Attorney, any sums due Bidder under this Contract may be retained by County until all of County's claims for indemnification pursuant to this Contract have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by the County. 22. NOTICE: Written notice provided pursuant to this Contract shall be sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request fora written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein Until changed in writing in the manner provided in this section. For the present, the County designates: Director, Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301-1801 Bidder shall identify In the Bid a designated person and address to whom notice shall be sent when required by the Contract. 23, JURISDICTION, VENUE, WAIVER OF JURY TRIAL: The Contract shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Any controversies or legal problems arising out of the Contract and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall be governed by the laws of the state of Florida. By entering into this Contract, Bidder and County hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this Contract. 24. PATENTS AND ROYALTIES: The bidder, without exception, shall indemnify and save harmless and defend the County, its officers, agents and employees from liability of any nature or kind, including but not limited to attorney's fees, costs and expenses for or on account of any copyrighted, patented or unpatented Invention, process, or article manufactured or used in the performance of the contract, including its use by the County. If the bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such de- sign, device, or materials in anyway involved in the work.This provision shall survive the expiration or earlier termination of the contract. 25. ASSIGNMENT, SUBCONTRACT: Contractorshall nottrans- fer, convey, pledge, subcontract or assign the performance required by this bid without the prior written consent of the Purchasing Director. Any Award issued pursuant to this bid Invitation and the monies which may become due hereunder are not assignable, transferrable, or otherwise disposable except with the prior written consent of the Purchasing Direc- tor. 26. QUALIFICATIONS OF BIDDER: Bids will be considered only from firms normally engaged in providing the types of com- modities/services specified herein. The Purchasing Director or the Board of County Commissioners, reserves the right to inspect the facilities, equipment, personnel and organization or to take any other action necessary to determine ability to perform in accordance with specifications, terms and conditions. The Purchasing Director or the Board of County Commissioners will determine whether the evidence of abil- fly to perform is satisfactory and reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. The Purchasing Director or the Board of County Commissioners reserves the right to consider a bidder's history of citations and/or violations of Environmental regulations in determining responsibility. Biddershould submit with his proposal a complete history of all citations and/or violations notices and dispositions thereof. Failure of a Bidder to submit such information may be grounds for termination of any contract awarded to successful Bidder. Page 4 of 5 Pages Bidder shall notify the County immediately of notice of any citations or violations which they may receive after the Bid or Proposal opening date and during the time of performance under any Contract awarded to them_ 27. EQUAL EMPLOYMENT OPPORTUNITY: No Contractorshall discriminate against any employee or applicant for employ- ment because of race, religion, age, color, sex or national origin, sexual orientation, marital status, political affiliation, disability, or physical or mental handicap if qualified. Con- tractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, age, color, sex or national origin, sexual orientation, marital status, political affiliation, disability, or physical or mental handicap. Such actions shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection of training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The County shall also require that any contractor selected to perform work on a County project include the foregoing or similar language in its contracts with any subcontractors or sub consultants, except that any project assisted by U.S. Department of Transportation funds shall comply with the non- discrimination requirements in Title 49 C. FR. Parts 23 and 26, as amended. The Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. Failure to comply with above requirements is a material breach of the contract, and may result in the termination of this contract or such other remedy as the County deems appropriate. the bid opening, shall be submitted in writing within seven (7) calendar days after such aggrieved person having a substantial interest should have known the facts giving rise thereto. 30. PUBLIC ENTITY CRIMES ACT: Bidder represents that its response to this invitation for bid will not violate the Public Entity Crimes Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contrac- tor, consultant or other provider who has been placed on the convicted vendor list following a conviction of a Public Entity Crime may not submit a bid on a contract to provide any goods or services to the County, may not submit a bid on a contract with the County for the construction or repair of a public building or public work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact any business with the County in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Bidder represents that its response to this Invitation For Bid is not a violation of Section 287.134, Florida Statues, which essentially states that the County, as a public entity, cannot do business with an entity that is on the "discriminatory vendor list" i.e., has been found by a court to have discriminated as defined therein. Violation of this section shall result in cancellation of the County purchase and may result in debarment. 31 28. MODIFICATIONS: All changes to purchase orders shall be by issuance of a change order. Any modifications or changes to any contract entered into as a result of this bid must be by written amendment with the same formality and of equal dignity prior to the initiation of any such change. 32. 29. RESOLUTION OFPROTESTED SOLICITATIONS AND PRO- POSED AWARDS: In accordance with the Broward County Procurement Code Sec. 21.118, relative to "Pre -Litigation Protested Solicitations and Proposed Awards": a. Right to Protest. Any actual or prospective bidder or of- feror who is aggrieved in connection with the solicitation or proposed award of a contract may protest to the Director of Purchasing. Any protest concerning the bid specifica- tions or requirements must be made within seventy-two (72) hours from the time the facts become known and, in any case, at least twenty-four (24) hours prior to the bid opening. Such protest must be made in writing to the Purchasing Director. Failure to timely protest bid specifica- tions or requirements is a waiver of the ability to protest the specifications or requirements. b. Any protest from a bidder or offerer with a substantial inter- est in connection with the solicitation or proposed award of a contract which is within the Purchasing Director's award authority shall be submitted in writing within three working days from the time the recommendation for award is made by a Purchasing Agent to the Purchasing Director. c. Any protest of a solicitation or proposed award which is in excess of the Purchasing Director's award authority after RECYCLED CONTENT INFORMATION: In support of the Florida Waste Management Law, bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The County is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, e1c.); and the percent- age of recycled material contained in the product.The County also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. PURCHASE BY OTHER GOVERNMENTAL AGENCIES: Each Governmental unit which avails itself of this contract will establish its own contract, place its own orders, issue its own purchase orders, be invoiced therefrom and make its own payments and issue its own exemption certificates as required by the bidder. It is understood and agreed that Broward County is not a legally bound party to any contractual agreement made between any other governmental unit and the bidder as a result of this bid. 33. PUBLIC RECORDS. Any material submitted in response to this Invitation For Bid will become a public document pursu- ant to Section 119.07, FS. This includes material which the responding bidder might consider to be confidential or a trade secret. Any claim of confidentially is waived upon submission, effective after opening pursuant to Section 119.07, FS. The entire chapter of the Broward County Procurement Code de- scribing the aforementioned subject matter can be obtained from the Purchasing Division's Secretary by calling 954-357-6071.You may also view and/or download the Procurement Code, Notices for Bids, Requests for Quotation, Request for Letters of Interest, structure of the Purchasing Division, telephone directory, How to do Business with Broward County and Vendor Registration on the internet at: Page 5 of 5 Pages www,broward.org/purchasing PREVIOUS CONTRACT NO. C-5-05-127-FF BID NO, C-6-05-1 81 -FF PURCHASING DIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA SPECIAL INSTRUCTIONS TO BIDDERS (IN ADDITION TO GENERAL CONDITIONS) PRESSURE CLEANER (SEWER. DRAIN & PIPE CLEANING). SINGLE AXLE TRAILER UNIT -- REBID SUBMISSION OF SEALED BIDS: The Invitation for Bid form must be executed and submitted with all bid sheets and should be in a sealed envelope. The original should be signed in blue and included with a photocopy of your bid in one envelope. The face of the envelope should contain the address, the date and time of bid opening, and bid number. Bids not submitted on bid sheets may be rejected. All bids are subject to the conditions specified herein. Those which do not comply with these bonditions are subject to rejection. SCOPE: Bids are hereby invited on a fixed contract basis for Pressure Cleaner (Sewer, Drain & Pipe Cleaning), Single Axle, Trailer Unit for the following division(s): Water & Wastewater Operations Division. Purchase order(s) for full quantities will be issued to successful bidder(s) after notification of award and receipt of all required documents. Fixed contract quantities up to twenty (20) percent of the originally specified quantities may be ordered prior to the expiration of one (1) year after the date of award, provided the Contractor agrees to furnish such quantities at the same prices, terms and conditions. 2. SPECIFICATIONS AND REQUIREMENTS: The specifications, requirements and services to be provided are stated in Attachment "A" attached hereto and made a part hereof. 3. CONTINGENCY FEES: By submission of this offer, contractor certifies that no contingency fees (sometimes known as a finder's fee) has been paid to any person or organization other than a bona -fide employee working solely for the vendor to secure a contract made pursuant to this solicitation. Violation of this policy may result in termination of any resultant contract and/or possible debarment of the contractor. 4. FURTHER INFORMATION: Bidders requiring additional information regarding any of the bid terms, conditions or administrative requirements should contact Ellie O'Connell, Purchasing Agent at (954) 357-6087, Bidders requiring technical clarifications should contact Guy Bartolotta at (954) 360-1351, No change(s) and no interpretation(s) shall be considered binding unless provided to all bidders in writing by the Director of the Purchasing Division. PC5AT-PS06-2005 6117/05 Page 1 of 1S PREVIOUS CONTRACT NO. C-5-05-127-FF BID NO. C-6-05-181-FF SPECIAL INSTRUCTIONS TO BIDDER (Continued) PRESSURE CLEANER, (SEWER, DRAIN & PIPE CLEANING) SINGLE AXLE TRAILER UNIT - REBID 5, SPECIAL NOTICE: In accordance with OSHA Regulation 29 CFR 1926.1101(k) (2), bidders are notified of the presence of asbestos containing material and/or presumed asbestos containing material at some Broward County locations. For a listing of those locations, refer to www.broward.org/purchasing/bids/asbestos.pdf. You may request a copy of subject location listing by calling (954) 357-6066. 6. SITE VISIT AND/OR PRE -BID CONFERENCE: Not applicable for this bid. 7. DELIVERY AND ACCEPTANCE: Delivery time shall be computed in calendar days from the issuance date of purchase order. Although, actual requested date or number of calendar days for delivery may be specified, state on the Bid Sheet the number of calendar days required to make delivery and/or installation after issuance of purchase order or request for services. However, goods required for daily consumption, or where the delivery is an emergency, a replacement, or is overdue, the convenience of the Division shall govern. If, in calculating the number of calendar days from the order date, the delivery date falls on a Saturday, Sunday or holiday, delivery shall be made not later than next succeeding business day. Delivery is FOB destination, freight included and is to be made to the following site(s): OES WAREHOUSE 2555 WEST COPANS ROAD POMPANO BEACH, FL 33069 ATTN: GUY BARTOLOTTA' (954) 360-1351 Delivery is desired within thirty (30) calendar days after receipt of a purchase order. Vendor who cannot meet delivery requirements may be considered non -responsive. 8. SAMPLES PRODUCT LITERATURE AND DESCRIPTIVE CATALOGUES: Bidders may be required to submit samples of items offered for review and evaluation within seven (7) calendar days when requested by the Broward County Purchasing Division. Vendors who do not comply with this request will be considered non -responsive. Vendor should submit with the bid current manufacturer's catalogues or product literature on items offered. However, this information must be submitted within seven (7) calendar days when requested by Broward County Purchasing Division. Literature should be clearly marked as to each item number. Failure on the part of the vendor to submit the requested literature and/or catalogues will result in their bid being declared non -responsive. PCSAT-PB06-2005 6/17105 Page 2 of 15 PREVIOUS CONTRACT NO. C-5-05-127-FF BID NO. C-6-05-181-FF SPECIAL INSTRUCTIONS TO BIDDER (Continued) PRESSURE CLEANER SEWERS„DRAIN„& PIPE CLEANING) SINGLE AXLE,,, TRAILER UNIT — (REBID) 9. INSURANCE REQUIREMENTS: (SAMPLE INSURANCE CERTIFICATE ATTACH ED)(Attachment"D") The Insurance Requirements contained in this Bid represent the minimal protection necessary for the County as determined by the Risk Management Division. Further modifications of the requirements may be made at the sole discretion of the Risk Management Division if circumstances change or adequate protection of the County is presented. No award will be recommended until a written determination is made by Risk Management Division that the County is adequately protected. The low bidder shall be required to provide proper insurance to the Purchasing Division prior to award by the Purchasing Director or recommendation of award to the Board of County Commissioners, whichever is applicable. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by the COUNTY (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth in this Section. 9.1 Workers' Compensation Insurance to apply for all employees in compliance with the "Workers Compensation Law" of the State of Florida and all applicable Federal laws. In addition, the policy(s) must include: 9.1.1 Employers' Liability with minimum limits of One Hundred Thousand Dollars ($100,000.00) each accident. 9.1.2 Notice of Cancellation and/or Restriction -- The policy(s) must be endorsed to provide Broward County with the (30) days notice of cancellation and/or restriction. 9.1.3 If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen and Harbor Workers Act and Jones Act. 9.2 Comprehensive General Liability with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 9.2.1 Premises and/or Operations. 9.2.2 Independent Contractors. 9.2.3 Products and/or Completed Operations. 9.2.4 COUNTY is to be included as an "Additional Insured" in the name of "Broward County Board of Commissioners" with respect to liability arising out of operations performed for COUNTY in connection with general supervision of such operation. 9.2.5 Notice of Cancellation and/or Restriction -- The policy(s) must he endorsed to provide Broward County with t!] r (30) days notice of cancellation and/or restriction. PCSAT-PSOB-2005 6117105 Page 3 of 15 PREVIOUS CONTRACT NO. C-5-05-127-FF BID NO. C-6-05-181-FF SPECIAL INSTRUCTIONS TO BIDDER (Continued) PRESSURE CLEANER (SEWER, DRAIN & PIPE CLEANING) SINGLE AXLE TRAILER UNIT -- REBID INSURANCE REQUIREMENTS: (Continued) 9.3 The CONTRACTOR shall provide to the COUNTY Certificates of Insurance evidencing the insurance coverage specified in 9.1 and 9.2 above. The Contractor should provide these Certificates within fifteen (15) days after request by the Purchasing Agent. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifically to this Contract and section and the above paragraphs in accordance as required by such paragraphs of this Contract. If the initial insurance expires prior to the completion of the work, renewal Certificates of Insurance shall be furnished thirty (30) days prior to the date of their expiration. 9.4 Certificates of insurance shall be provided as specified in sub -section 9.3 above unless any of these coverages are, for just cause, inapplicable, and upon specific request by the vendor are excepted by written determination of risk management and approved by the purchasing director If an exception is requested, the bidder should indicate in the appropriate area on the bid sheet any such request including reason(s) thereto for exemption from insurance requirements as specified in this section of this invitation for bid/quotation request. 10. INDEMNIFICATION: The CONTRACTOR shall indemnify and save harmless the COUNTY, its officers., agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the completion of this Project; or by or in consequence of any negligence (excluding negligence of COUNTY), in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor or their Subcontractor, Agents, Servants or Employees. Contractor agrees to indemnify and save harmless the COUNTY against any claims or liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by the CONTRACTOR. The CONTRACTOR agrees to indemnify and save harmless the COUNTY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against COUNTY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against COUNTY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at their own expense or to provide for such defense, at the COUNTY'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against the COUNTY which may result from the operations and activities under this Contract whether the operations be performed by the CONTRACTOR, their subcontractor or by anyone directly or indirectly employed by either. 11. STANDARD WARRANTY: The bidder should specify any warranty applicable to the items bid. 12. PAYMENT: Payment will be made by the County after commodities/services have been received, accepted and properly invoiced as indicated in the contract and/or order. Invoices must state the purchase order number. PCSAT-PB06-2005 6/17105 Page 4 of 15 PREVIOUS CONTRACT NO. C-5-05-127-FF BID NO. C-6-05-181-FF SPECIAL INSTRUCTIONS TO BIDDER (Continued) PRESSURE CLEANER (SEWER, DRAIN, & PIPE, CLEANING) SINGLE AXLE TRAILER UNIT — REBID 13. "SECOND PARTY shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. SECOND PARTY shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, SECOND PARTY shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. SECOND PARTY's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 161/2) in performing any services pursuant to this Agreement." 14. LIVING WAGE ORDINANCE: Not applicable for this bid. 15 In 2004, the Board of County Commissioners enacted the Broward County Business Opportunity Act, Ordinance 2004-07. 2. This Contract has no initial assigned goal of Minority/Women Business Enterprise (M/WBE) participation and the level of M/WBE participation will in no way be a factor in its award. 3. The Small Business Development Division of the COUNTY maintains an M/ BE directory which is available for use by VENDORS. Go to hffp://www.broward.org/smallbusiness/Welcome.htm. A Broward County certified Women -owned Business Enterprise (WBE) and/or a Broward County certified Minority Business Enterprise (MBE) is defined as a Tri-County (Broward/Miami-Dade/Palm Beach) headquartered business that is at least 51 % owned and controlled by one or more of the following classifications: A. African -Americans, which includes persons having origins in any of the black racial groups of Africa; B. Hispanic Americans, which includes persons of Spanish or Portuguese culture with origins in North, South or Central America or the Caribbean region, regardless of race; C. Asian -Pacific Americans, which includes persons whose origins from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the United States Trust Territories of the Pacific and Northwest Marianas; D. Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; E. Asian -Indian Americans, which includes persons whose origins are from India, Pakistan, and Bangladesh; F. Any individuals found to be socially and economically disadvantaged by the Small Business Administration; and G. Any women not included in (A) through (F) above. NOTE: The Broward County Business Opportunity Act of 2004 can be found at www.broward.org/smallbusiness/small_bus.pdf. PCSAT-PI306-2005 6/17/05 Page 5 of 15 PREVIOUS CONTRACT NO. C-5-05-127-FF BID NO. C-6-05-181-FF SPECIAL INSTRUCTIONS TO BIDDER (Continued) _PRESSURE CLEANER (SEWER, DRAIN & PIPE CLEANING) SINGLE AXLE, TRAILER UNIT - (REBID) 15. SPECIAL CLAUSES: Not applicable for this bid. 17. PREFERENCES: No contractor shall receive more than one county -authorized preference for the same procurement. If a contractor is eligible for more than one County -authorized bid preference for a particular procurement, the contractor shall be eligible to receive only the bid preference that is most favorable to the contractor. 17.1 DOMESTIC PARTNER CLAUSE: (Attachment'-C") Preference for county contractors Rroviding for nondiscrimination of benefits for domestic partners; (Reference Ordinance No. 1999-03, as amended) In accordance with Broward County Code, Chapter 16 1/2, section 161/2-157 and the Broward County Administrative Code, Subsections 21.31.a.,6.,7.,8., the Broward County Board of County Commissioners reserves the right to apply a preference in the award of a contract to those Contractors providing for nondiscrimination of benefits for domestic partners. This preference may be applied to all awards of $200,000 per annum or more. The determination to apply this preference shall be made by the Board of County Commissioners. To be eligible for the domestic partnership preference, a contractor's program eligibility criteria must be substantially equivalent to those established in Section 16 1/2-153 (b), Broward County Code. A contractor will be deemed ineligible for the domestic partnership preference if its benefits program discriminates against employees in violation of the Broward County Human Rights Act. B. LOCAL PREFERENCE CLAUSE: In accordance with Broward County Ordinance No. 2004-29, the Broward County Board of County Commissioners provides a local preference. This preference includes any county with which the Broward County Board of County Commissioners has entered into an inter -local agreement of reciprocity. Except where otherwise provided by federal or state law or other funding source restrictions, an apparent low bidder outside the preference area and a local bidder whose submittal is within 10% of the apparent low bid will be given the opportunity to submit a best and final offer. Award will then be to the low responsive, responsible bid. Local business means the vendor has a valid occupational license issued by the county within which the vendor conducts their business at least one year prior to bid or proposal opening, that authorizes the business to provide the goods, services or construction to be purchased and a physical address located within the limits of said county, in an area zoned for the conduct of - such business, from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. PCSAT-PS06-2005 6117106 Page 6 of 16 PREVIOUS CONTRACT NO. C-5-05-127-FF BID NO, C-6-05-181-FF SPECIAL INSTRUCTIONS TO BIDDER (Continued) PRESSURE _CL ANER (SEWER, DRAIN! < PIPE CLEANING) SEWER SINGLE AXLE. TRAILERUNIT--(REBID) 17. DRUG -FREE WORKPLACE CERTIFICATION: Broward County Procurement Code Chapter 21.31.a. requires awards of competitive sealed bids and sealed proposals requiring Board Award be made only to firms certifying the establishment of a drug free workplace. The Drug Free Workplace Certification (Attachment "B") must be fumished to this office prior to an award being made. Failure to provide this certification will render your office unqualified and ineligible for award. 18. BATTERY DISPOSAL: In accordance with Florida 1993 Solid Waste Act, the manufacturers of heavy metal batteries or the manufacturers of products powered by such batteries are solely responsible for the reclamation and disposal of such used batteries as purchased by the County. The County shall not be held liable for any cost associated with the reclamation and disposal of such batteries. 19. NON -COLLUSION STATEMENT: By signing this offer, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose below, to their best knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section 112.3135 (1) (c), Fla. Stat. (1989), who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names, the County shall interpret this to mean that the vendor has indicated that no such relationships exist. PCSAT-PBOS-2005 6117/05 Page 7 of 15 PREVIOUS CONTRACT NO. C-5-05-127-FF BID NO. C-6-05-181-FF BID SHEET PRESSURE CLEANER SEWER DRAIN >l PIPE CLEANING SINGLE AXLE TRAILER UNIT - REBID TO: BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA All blanks have been filled in, BID SHEET is attached to the completed "Invitation For Bid" and returned herewith. In accordance with all terms, conditions, specifications and requirements, the bidder offers the following: ITEM COMMODITY CODE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE PRICE #49039 1. 1 Ea. Pressure Cleaner, Single Axle, Trailer Unit US Jetting, 4018-300 Trailer or Equal, as specified in Attachment "A". $ 2. w /Ea. $ MANUFACTURER OFFERED: JF7T MODEL OFFERED: 4-018 - 3no - Psv -Ivozr' Delivery shall be made between 8:00 a.m. and 4:00 p.m., Monday Through Friday, except holidays. Delivery at other times shall be by special arrangement only. Delivery will be made within 20 calendar days of the receipt of Purchase Order, desired In thirty (30) calendar days. Delivery MUST be FOB destination, freight included. Bid results will be posted to the Broward County Purchasing website at www.broward.o[glpurchasin-ci/results/. NAME OF COMPANY: A -S' ,7-F°771iJ 6j1 L C- AUTHORIZED SIGNATURE: By signing this bid sheet your firm is agreeing to the terms and conditions of the Invitation for Bid. PCSAT•PS06-2006 6117105 Page 8 of 1s M PREVIOUS CONTRACT NO. C-5-05-127-FF BID NO. C-6-05-181-FF BID SHEET (Continued) PRESSURE CLEANER (SE WER, DRAL& PIPE CLEANING) SINGLE AXLE TRAILER UNIT - REBID In accordance with Paragraph 9.4 of"Special Instructions to Bidder" Indicate if an exception to Insurance requirements is being requested. Be specific and state reason: RECYCLED ONTENT INFORMATION: 1. SHE hl ATERIAL IN THE ABOVE, VIRGIN UIORRECYCLED (CHECK THE APPLICABLE BOX). IF RECYCLED, WHAT PERCENTAGE % �, .r' // PRODUCT DESCRIPTION. 'cS_• _V Ct _ ffiffiffiRA z IS YOUR PRODUCT PACKAGED AND/OR SHIPPED /N MATERIAL CONTAINING RECYC(ED CONTENT? YES 0 NOV SPECIFY.• 3. IS YOUR PRODUCT RECYCLABLE AFTER IT HAS REACHED ITS INTENDED END USE? YES L'a NO OSPECIFY:/°� �, �7 - �^ � 0-1,..._„ � �„ /►'�•aJ'f) Jl.- _ 0,Yv- recy l THE ABOVE IS NOT APPLICABLE IF THERE IS ONLY A PERSONAL SERWCE INVOLVED WITH NO PRODUCT INVOLVEMENT. WOULD YOU ACCEPT CREDIT CARDS AS PAYMENT FROM BROWARD COUNTY? YES n NO O DO YOU QUALIFY FOR THE LOCAL PREFERENCE CLAUSE YES O NO O DO YOU QUALIFY FOR THE DOMESTIC PARTNER CLAUSE YES O NO 0 THE UNDERSIGNED BIDDER WILL EXTEND THE SAME PRICE, TERMS AND CONDITIONS TO OTHER GOVERNMENTS LOCATED IN BROWARD COUNTY DURING THE PERIOD COVERED BY THIS CONTRACT, IF REQUESTED. X YES O NO VENDOR FAX # 770 At 02--97 NAME OF COMPANY: - � S -7e7710 LLC- PCSAT-PB06-2005 6/17105 Page 9 of 15 PREVIOUS CONTRACT NO. C-5-05-127-FF BID NO. C-6-05-181-FF BID SHEET (Continued) PRESSURE CLEANER SEWER DRAIN & PIPE CLEANING SINGLE AXLE, TRAILER UNIT -,,,,(REBID) WILL THIS PRICING BE EXTENDED TO OTHER GOVERNMENTS LOCATED IN DADE OR PALM BEACH COUNTIES? 0 YES 0 NO OTHER GOVERNMENTS LOCATED WITHIN THE STATE OF FLORIDA? 0 YES O NO ACKNOWLEDGMENT IS HEREBY MADE OF THE FOLLOWING ADDENDA OR AMENDMENTS (IDENTIFIED BY NUMBER) RECEIVED SINCE ISSUANCE OF THIS BID: BEEPER #: FEDERAL TAX ID #: REMIT ADDRESS: 960e' NOTICES TO BIDDER: Please check the Federal Employer's Identification Number (FEIN) and other information on the face of the invitation for Bid/Bidder Acknowledgment Form (IFB) and MAKE APPROPRIATE CORRECTIONS ON THE IFS. IF THE COUNTY DOES NOT HAVE THE CORRECT INFORMATION, PAYMENTS CANNOT BE MADE TO YOUR FIRM. 2. BE SURE TO HAVE THE INVITATION FOR BID, [BIDDER ACKNOWLEDGMENT FORM] SIGNED BY AN AUTHORIZED REPRESENTATIVE OF YOUR FIRM OR YOUR BID WILL NOT BE CONSIDERED RESPONSIVE. NAME OF COMPANY: PCSAT-PBOS-2005 6117/06 Page 10 of 15 PREVIOUS CONTRACT NO. C-5-05-127-FF BID NO. C-6-05-181-FF ATTACHMENT "A" SPECIFICATIONS PRESSURE CLEANER SEWER DRAIN & PIPE CLEANING SINGLE AXLE, TRAILER UNIT — (REBID), ITEM DESCRIPTION S SPECIFICATIONS VENDORS SHOULD SHOW WHAT IS OFFERED INCLUDING ANY DEVIATIONS FROM THE DESCRIPTION AND SPECIFICATIONS, THE PRODUCT OFFERED BY THE BIDDER MUST ON AN OVERALL BASIS BE EQUAL OR GREATER IN QUALITY OR PERFORMANCE THAN THE BID SPECIFICATIONS. BROWARD COUNTY RESERVES THE RIGHT TO BE THE SOLE JUDGE OF WHAT IS EQUAL AND ACCEPTABLE. BIDS WHICH DO NOT COMPLY WITH THESE REQUIREMENTS ARE SUBJECT TO REJECTION, Item V Imo. DESCRIPTION 0 � COMPLY? EXCEPTIONS YES NO 1. PRESSURE CLEANER SINGLE AXLE TRAILER UNIT MANUFACTURER: US JETTING$ MODEL#: USJ 4018-300 TRAILER OR ECIVAL A a% Equipment offered must be completely assembled, including options & accessories, and shall be thoroughly tested and ready for operation. Equipment must be equipped with all manufacturer's standard equipment and accessories. Price bid shall include the following: 1.1 RPM 960, PSI 4000, GPM 18 O 1.2 Power Unit — Hatz 3 Cylinder, Silent Pak, Diesel Engine D 1.3 Drive: High Torque D 1.4 Pump: USJ 4018 Pump -Pulsation system ME and J Rundry Capacity VtD 1.5 Frame: Trailer, single axle with 300 gallon water storage I D 1.6 Hose Reel: Hydraulic with 800 ft. capacity 1.7 Brake: Electri h draulic X D 1.8 500 ft. of inch hose O PCSAT-PBOG-2005 5117105 Page 11 of 15 a� PREVIOUS CONTRACT NO. C-5-05-127-FF Item No. DESCRIPTION BID NO. C-6-05-1 81 -FF ATTACHMENT "A" (Continued) SPECIFICATIONS PRESSURE CLEANER (SEWER, DRAIN & PIPE -CLEANING) SINGLE AXLE TRAILER UNIT REBID 1. PRESSURE CLEANER, AXLE, TRAILER UNIT. „SINGLE , MANUFACTURER: „CIS JETTING$ MODEL#: USJ 40,18- 300 TRAILER OR_EQUAL (Continued) 1.9 10 ft. leader hose 1.10 RPD Nozzles A 3 RIF and 6R 1.11 9" extension 1.12 3" Tiger Tail A 1.13 Magnetic Light 1.14 Beacon Light 1.15 2 large capacity, tool boxes mounted with locks 1.16 Digital panel 1.17 Pivot reel 1.18 Water site gauge 1.19 Tiger Tail hook 1.20 Manual, both paper and on CD, videos 1.21 Delivery, set-up and onsite training (2 days of operator training) PCSAT-PB06-2005 6/17/05 COMPLY? YES NO EXCEPTIONS Page 12 of 15 PREVIOUS CONTRACT NO. C-5-05-127-FF BID NO. C-6-05-181-FF ATTACHMENT "B" DRUG FREE WORKPLACE CERTIFICATION The undersigned vendor hereby certifies that it will provide a drug -free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug -free awareness program to inform its employees about: (q The dangers of drug abuse in the workplace; The offeror's policy of maintaining a drug -free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered contract, the employee shall: (1) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's 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 of any state, for a violation occurring in the workplace NO later than five days after such conviction. (5) Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within 30 calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (1) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug -free workplace progra hrough impl entati n of subparagraphs (1) through 26 ( q r iq to ) I i�/G T 1 (Print V or Name) STATE OF Grorh_67ja COUNTY OF The foregoing instrument was acknowledged before me this day of UU—. F 2005, by bAN4 Ir (. D. YOJ 6 (Name of person who's signature is being notarized) ,.. as SkES of V . 5 , Ze-rT t 6 C.L C.. (Title) -- _. _... known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. NOT Y PUBLIC: (Sign re MmF� (Print Name) My commission expires: itlog�-� G4 O L �,�••�NtETF�gMti�, •r10TA/g1-� My Comm. Exp. $ October 8, 2006 : Q .` s gyp'-. AUBI.ICI ; OQ s �.y�c .....••G�,,,,ra •,,, OUN-r(, �.• r•rggll/�/�dd (Name of Corporation/Company) (Type of Identification) PCSAT-PB06-2005 6117/05 Page 13 of 16 PREVIOUS CONTRACT NO. C-5-05-127-FF BID NO. C-6-05-181-FF ATTACHMENT "C" CERTIFICATION OF VENDORS PROVIDING BENEFITS FOR DOMESTIC PARTNERS The undersigned vendor hereby certifies that its employee benefits policies are in compliance with Broward County Ordinance #1999-03, as amended by Broward County Ordinance #1999-18, as follows: A. Vendor's employee benefits program includes the following minimum standards: 1. Any vendor's employee who is a party to a domestic partnership relationship is entitled to elect insurance coverage for his or her domestic partner or a dependent of such domestic partner on the same basis in which any other vendor's employee may elect insurance coverage for his or her spouse or dependents. A vendor's employee's right to elect insurance coverage for his or her domestic partner, or the partner's dependent, extends to all forms of insurance provided by the vendor to the spouses and dependents of vendor's employees. 2. Any vendor's employee who is a party to a domestic partnership relationship is entitled to use all forms of leave provided by the vendor including, but not limited to sick leave and annual leave to care for his or her domestic partner or the dependent of the domestic partner as applicable. 3, All other benefits available to the spouses and dependents of vendor's employees are made available on the same basis to the domestic partner, or dependent of such domestic partner, of a vendor's employee who is party to a domestic partnership relationship. 4. It is within the vendor's discretion as to what benefits are provided to its employees and whether vendor's employees who are party to a domestic partnership relationship must be registered in accordance with Broward County Ordinance No. 199"3, as amended, in order to be eligible for access to employee benefits. B. The vendor's domestic partnership eligibility criteria �re substantially equivalent to the following: 1. Each domestic partner is at least 18 years old and competent to contract. 2. Neither domestic partner is married nor a partner to another domestic partnership relationship, 3. The domestic partners are not related by blood. 4. Consent of either domestic partner to the domestic partnership relationship has not been obtained by force, duress, or fraud. 5. Each domestic partner agrees to be jointly responsible for q6,� other's ba§44 food and/shelter. STATE OF , (' G COUNTY OF r4kXTIDN DiG)IC (Print vendor The fo�egoin instrument was acknowledge before me this z (my of �u N C 200 S by _ L�N_ 1cLl.� D YOL) (•l9 as ar•J r (Name of person ose signature is being notarized) (Title) Of US OF -Ty, w3 Gr /� _ known to me to be the person described (Name of corporation/entity) herein, or who produced D as identification, and who did/did not take an oath. NOT PUBLI(Type of identification) C: 1460 � # (Signa ur=.'•r1OTAR)-•'.'A y: (Print name) !n ; My Comm. Exp. ; r �: Octobar8, 2006 t 00 State of at Large (SEAL) ?���. �°UBL�G •e My commission expires:%,,•��U�NT'(Got•`�� PCSAT-PB06-2005 6/17105 Page 14 of 15 PREVIOUS CONTRACT NO. C-5-05-127-FF BID NO. C-8.05-181-FF ATTACHMENT'Do • wwawwr�k�irrrMwY►�awrrl��M�riri► ��rrrw►w��r�.w.■rw 1st ... u..�r,we.ed+rr�r ar.+.�re •: .. �M/wYM+I�M��lA�111M4�1MrA1rF�W�rrlw►riIUM �Iwwrrtrh1P111f�yI11MhMM�1i► MMw�MMYpa MN+�wM�/�.�KMwnlw��r R wr �wlF�Kw�M1r�11�rYwMM�Iw���M��MYA}�IM�MAIFIMir�ll . .. � werow.rN,nr ' 'raxrrw.k.�w .uMr«w+«w a.�e.r.rrr„► . .we.�riwvp+r.... wurc►Ma�a,aw�w-mr w��..wwr 9f7p"" au�t..wwn..o rncarrr t�rr.nY ' .:, PCSAT-PB06-2006 6117105 Page 15 of 15 850 McFarland Road LEADERS IN HIGH PRESSURE WATER JETTING TECHNOLOGY Alpharetta, GA 30004 , CITY OF TAMARAC Attn — Scott London "EXHIBIT 2" TR #10932 (770) 740-9917 Fax: (770) 740-0297 www.usjeffing.com Dear Sir, per the conversation this week with Gary Allen regarding the 4018-300 jetting machine, US Jetting confirm they will honor the price of the unit that was sold to Broward County in June of 2005. The machine was delivered for the price of $29,999.00. The Purchase order # was 5EOD071205000000075 Bid # - C605181FF Purchase agent — Ellie O Connell. Tel 954 357 6078. Vin # for unit --M 1 U9FS 13105AO4450 I have attached all the paperwork from Broward County to you. Please call me with any other questions you have regarding this sale. Regards -- Gary Allen. Southeast Sales Manager Regards — Kannan Vengu. Finance Director 1A001/002 Ellie O'Connell B�ry D Purchasing Agent R Purchasing Division %WCOjUNTY 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (964) 357-6078 FAX (934) 351-8636 emallto: eoconnell browaird.a FAX DATE: July 14, 2005 TO: I . Danielle @ U5 Jetting LLC FAX: 770-740-0297 CC: Joan Kimball, WWSD FAX: 954-831-3242 FROM, Ellie O'Connell SUBJECT: PO 5EOD071205000000075 Please find attached a copy of purchase order 5EO0071205000000075 as quoted Bid No. C605181 FF. The original copy of this Purchase Order will be sent thru the mail, do not duplicate. A copy of the purchase order will also be faxed to the using agency. If you have any questions regarding the items in this purchase order, please contact Joan Kimball at 954-831-3255. If you have any questions in regards to this contract, please contact myself at 954-357-6087. Best Regards, Ellie 16002/002 8 ��` CENTRAL PURCHASE ORDER PO 126 5i.QD071205Q(?QWW075 RD Version I COU NTY BOARD OF COUNTY COMMISSIONERS The above number must be t► Broward County, Florida an all Invoices and Refer cos www.browar'd.org Mail proper invoice and copy of purchase artier to; Billing I,,.otirtion: � Ship To: FNV1R(WIVIENTAL.SF-RVIC ',S rWWS WAREHOUSE Dade: 07/13/05 K) Box 619002 Lottip;tno Beacli, Fl, 33061-9002 V00000119856 (.l S JETTING LL.C": 850 McFarlwttl Rond Alpharetta, (3A 30004 _ Vendor Luntice Mattliews C:011tart: 770-740-9917 r55.5 W COPANS ROAD (954)831-0804 POMPANO 13EAC H. I:L 3.3009 Delivery Due Date: 08/20/05 FOB i esi. Fr6ght Prepnid (,.hrlttact: Guy Iianolvtla 954-360- I:",51 ghartoiotWi'g!bro+Vnr(i,oi-VN This purchtive order is being issued per sill the icrins anti conditions ati specified in 13id No. ('6051$ I Ft', 4�15 3�U j1,��. PNakes iro�,zel twine Quantity Unit Commodity Code/1)escrietion . Unil Price Extended Price 1 1.00 EACH 49039 ti,✓v 29999.000000 29,999.00 � � High-Pretisure Equip/AcccSttorics Manufacturer: 11S Jottings A Model # US] 4018-300 Trailer u i ,q ,specified in Bid Nv, C60S 181 FF RQS 126 5EO1i1)415050000000147 _...._., -- _... _,.......... ......_. l3,1 (tUi contract # 29,999.01) Procurement Folder # ... .......... Total Cost For inquiry regarding payment ploisc call the tiMIffilnl C omily accounting uivisipn 9.%4. 357•'l1 y3. 'i"n help rxlutililr p0ymcnt plcuhr. inClntlp a copy of leis pun h.e 4 order with your invoice. PROPER INVOICE 'nx Florida Prompt Payincrit Act provide~ ihal the. (.'uuuty may Net furllt the require meats tier an invowe to be o proper invoice.. Tate requireincots al' a prupCr invoice shall be a:: ,cl ford; in the agreenivol w contract governing Cite purchase; hvlvcvor, it} addition. no invnicc htibmilled by a vendor shalt I* con'iidered a prol, invvil'c unit; (hc invoice. i$ Ail anginal invttiicc. i s (lei ivcr0d to the C'vunly in neon!:rnv4 with the puse rchaorder, anti sets k6b the fitllmving in(l additional iornmlatiolr: ?) The invoice shall get thrth the County purchatio order nuitibm raid lhr invnicc shall correlate to the Colo% purchnnr order number under which lliv purch.�ise was nude; sold 11) '!'he invoice Shall het awed{ the tlallte ol'the bn11nC8ti or�+pnizatimi that is n: sad In flit Coum) pkin: ipsc order'; and 0Thu invoice .shall Sal !swill the date ofi,:s ptc�lartuon; And d) rho invoiec shall .0 forth an idenlifyinti numhor (o frcilltate Wcoliticalion of the invoicr: and c) Thor invoice shall set Wih the vatsJor's tedeml uleanifieulinn number; niltl t) The itivoicc !thali s;t farilt a &-scriplion nt'the govdS orsrrvices or rtv provided to the County. and ) The invoice Fttall set fijoh the. C'olelWs part or stash number for Inch item or parl drlivere4t :md Ili The invoice shall art forth tic dclivviy lenns W., livrth wldna dir �rnmsc ty pttr4baorck;r: utul 0 11c invoice shall act forth the Incatinn ntul dole of delivtry nPthe goody 0I' xt rvimn err prnperty to the ('aunty; and Q'I'hc urvoicu shall set forth the quantity of the ;nods cvw acrvice's or prolpertygrovided to thc. C luny; •mil k) ITic invuict: slw1l sal lusib the unit piste ut'Ihe lnxal� o+ scrvuca �1i prnlrcrty inlvided to llte C uunrv; and {) The im nice ah:lll wet a>t th 1 ro cxlcndcd Wud peer. of 1114 f ands or at r� ii es nr pi eiparry pmvsdc. to the 1. !runty: Ind m) 'rbjz im nice r hall set !arils ;ippllathln cfir;anUnla. klorida Sales Tax 13xcmPtion NurnN-r - 1 C.,-03-199735.5_zC IM11t. RTAN'L NO C'.O.O.'y OR C'C71,1•F.0 V Y-011MEWIS W11.1.131 A(:C1.:P i'ED. VLdcral Tax lzxeniption Number . 59-6000531 A1.1'1'1.101t[ZEI) SlONWITIR1; DATE FORM NO. 103-4 (REV 10/04) Pikge 2 Bill To: 20215 BROWAR,D COUNTY OES P.O. BOX 619002 ENVIRONMENTAL, SERVICES POMPANO BEACH, FL 33061'-9002 USA Order Date: 7/15/2005 Partial Ship: No Buyer: Nate Edwards Line Nbr / Item ID/ Name Req Date Taxable Cust Ln Nbr Cust Item ID Sales/ VAT 1 / 4018-300-7-piv-rh-2005 / 7/15/2005 Yes / No 1 U.S.7.4018-300-2005 Trailer, Pivot Reel, Hydraulic Brakes, 7000 Ibs Axle & Rhino Lined Frame Special PO# 126 SEOD0712050000000075 Instructions. Sales Order ID : 160838 Customer Purchase Order ID Ship To Phone Ship To Fax Page Number : 1 of I Ship To : WWS-WAREHOUSE 2555 W. COPANS .RD. ATTN:GUY.BARTOLOTTA POMPANO BEACH, FL 33069 FOB: Currency Type AR Terms: Ship Method: Alpharetta, GA USD Net 1.0 Delivered Req Qty Unit Price Extra Disc Amt Extended Unit of Measure Charges Disc % Price 1.00 $29,999.0000 $0.00 $0.0000 $29,999.00 Each 0.00% Line Item Total: $29,999.00 Total: $29,999.00 Sales Tax: $0.00 VAT: $0.00 Estimated Ship Charges: $0.00 Sales Order Total: $29,999.00 Change Nbr: 1 Change Date: 7/15/2005 U.S. JETTING,-ULMC_. 850 MCFARLAND ROAD etarig ALPHARETTA, GA 30004 �l (770) 740-9917 LEADERS INMUM PREssunewAnRJErrMorecHMXQcr FAX (770) 740-0297 INVOICE Invoice ID : 50965 Sales Order ID : 160838 Invoice Date : 8/l/2005 Ship Date : 8/1/2005 5:38:31 PM Customer PO ID : Page Number : 1 of 1 mnRTH1 AWP RI ICIn-CC -- — -inc —1