HomeMy WebLinkAboutR-02-0142J-02-097
1./24/02
RESOLUTION NO. 02-'- 142
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE ACQUISITION OF PREVENTIVE
MAINTENANCE AND REPAIR SERVICES FOR ROLL -UP
DOORS TO BE USED BY VARIOUS DEPARTMENTS FOR
THE DEPARTMENT OF PURCHASING FROM BEST GARAGE
DOOR, INC., ON AN AS -NEEDED CONTRACT BASIS,
UNDER EXISTING MIAMI -DADS COUNTY CONTRACT
NO. 6050 -2/04 -OTR -CW, EFFECTIVE THROUGH
NOVEMBER 30, 2002, AND ANY EXTENSIONS;
ALLOCATING FUNDS FROM EACH OF THF GENERAL
OPERATING BUDGETS OF VARIOUS USER
DEPARTMENTS, SUBJECT TO BUDGETARY APPROVAL.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The acquisition of preventive maintenance
and repair services for roll -up doors to be used by various
departments for the Department of Purchasing from Best Garage
Door, .Inc., on an as -needed contract basis, under existing
Miami -Dade County Contract No. 6050 -2/04 -OTR -CW, effective
through November 30, 2002, and any extensions, is approved, with
funds allocated from each of the General Operating Budgets of
various user departments, subject to budgetary approval.
CITY WMUSSIGN
NXETIM bF
FE11 1 4 2002
Rewhistca
0-2"- 142
•
•
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor -.1/
PASSED AND ADOPTED this 14th day of February
ATTEST:
. r
Syla Scheider
Act' g City Clerk
APPRO S Jk1i'FORM ; Y141D CORRECTNESS :�
,K
NDRO VJ$OnLLO
CITY ATTORNEY
W5964:tr:LB
. 2002.
, 1
4:6 V
ANUEL A. DIAZ, MA
ZIR
If the Mayor does not sign this Resolution, it shall become effective
at the end of ten calendar days from the date it was adopted and
passed. If the Mayor vetoes this Resolution, it shall not become
effective unless the City Commission overrides the veto.
Page 2 of 2
• •
CITY OF MIAMI, FLORIDA CA=6
INTER-OFFICE MEMORANDUM
TO: Honorable Mayor and
Members of the City Commission
FROM : Carlos . GameneZ
City Manager
RECOMMENDATION:
DATE: JAN 2 9 K02 FILE:
SUBJECT: Resolution. Authorizing the
Procurement of Roll -Up Door
Maintenance, Miami -Dade
REFERENCES: County Contract No. 6050 -2/04 -OTR -CW
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached resolution authorizing a
citywide contract for roll -up door maintenance from Best Garage Door, Inc., a Hispanic/Non-local
vendor, located at 9780 NW 79 Avenue, Hialeah Gardens, FL 33016, under existing Miami -Dade County
Contract No. 6050 -2/04 -OTR -CW, effective until November 30,2002, subject to any extensions thereto
by Miami -Dade County. Allocating funds therefore from various user departments and agencies
requiring budgetary approval of funds from individual departmental and agency accounts prior to usage.
BACKGROUND:
The Department of Purchasing has seen a need to secure a contract for the maintenance and repair
services of the City's overhead roll -up doors. The Department of Purchasing, various municipalities and
agencies have realized substantial savings utilizing the Miami -Dade County Contract No. 6050 -2/04 --
OTR -CW for the preventive maintenance and repair services of overhead roll -up doors; thus,
recommending award to Best Garage Door, Inc.
CAG/RJN /adm
�-� 142
•
CONTRACT AWARD SHEET
DEPARTMENT OF PROCUREMENT MANAGEMENT
BIDS AND CONTRACTS DIVISION
BID NO. 6050 -2104 -OTR -CW Previous Bid No.: 6050-1101-1
TITLE: ROLL -UP DOOR MAINTENANCE BPO# ABCW0200184
COMMODITY CODE NO.: 150-89 OTR YEARS: Two LIVING WAGE APPLIES:
❑ YES X NO
CONTRACT PERIOD: 12/01/01 through 11/30/02
AWARD BASED ON MEASURES: 4'('ES ® NO E SR.PROCUREMENT AGENT: Edward Mason
E PROCUREMENT AGENT: Martha Perez
E PROCUREMENT TECHNICIAN: Daryl Hurston
PHONE: 305-375-3900
❑ Set Aside ❑ Bid Preference
❑ Goal ❑ BSE ❑ HBE ❑ WBE Owned Firms
❑ Local Preference ❑ CSBE Level
❑ Prevailing Wages (Resp. 90-143)
❑ Living Wage
PART #1: VENDOR AWARDED
F'.E.I.N.:
VENDOR:
STREET:
CITY/STATE/ZIP:
F.O.B. TERMS:
PAYMENT TERMS:
DELIVERY:
TOLL FREE PHONE #
PHONE:
FAX:
E-MAIL:
CONTACT PERSON:
592301652-01
Best Garage Door, Inc.
9780 N.W. 79 Avenue
Miami, FI 33016
Dest.
2% 20 Days, Net 30 Days
As Required
N/A
305-821-9720
305-821-3943
N/A
Santiago A. Suarez
DEPARTMENT OF PROCUREMENT MANAGEMENT
BIDS AND CONTRACTS DIVISION
1
AWARDSiiFF, Am
R9"md 0W1*Q0
0
i
PART #2: ITEMS AWARDED
1. SEMI-ANNUAL PREVENTAIVE MAINTENANCE AT SEAPORT SHALL BE AT NO CHARGE.
2. EMERGENCY REPAIRS REGULAR HRS.(8-5, Mon. -Fri.) OTHER THAN REGULAR HRS.
Mechanic . S 35.00 S 45.00
Mechanic helper: 10.00 10.00
Response time: Two Ws. Four Hrs.
FIRE DEPARTMENT: ALL CALLS
Mechanic: $ 35.00 The awardee shall be penalized $135.00 per hour if the response is not
Mechanic Helper: 10.00 within two hours
Response time: Two Hrs.
Inventory of parts for the Fire Department as listed in Section 3.0, item 3.7 shall be in place within 30 clays of start
of contract. Fire Department shall purchase remaining inventory at end of contract.
Minimum Emergency Service charge shall be four hours per person on all emergency call be a department..
PART #3: AWARD INFORMATION
PMD AWARD DATE: 11/21/01 AGENDA ITEM #: NIA
BIDS & CONTRACTS RELEASE DATE: 11/26/01
ADDITIONAL ITEMS ALLOWED: REPAIRS ONLY
SPECIAL CONDITIONS: SEE ATTACHED
TOTAL CONTRACT VALUE: $ 528,000.00
USER DEPARTMENTS) DOLLAR ALLOCATED
AVIATION
$
50,000.00
FIRE
S
150,000.00
MDHA
$
20,000.00
MDTA
$
45,000.00
PARKS
$
15,000.00
OTR YEAR: NIA
USER DEPARTMENT(S) DOLLAR ALLOCATED
CORRECTIONS
$
50,000.00
GSA
$
30,000.00
MDPD
$
10,000.00
MDWASAD
S
50,000.00
SEAPORT
$
60,000.00
DEPARTMENT OF PROCUREMENT MANAGEMENT
` BIDS AND CONTRACTS DIVISION
2
AWARD Skw"m
02- 14 2 R"i"90wi SOD
' BID NO.: 6050 -2104 -OTR -CW
OPENING: 2:00 P.M., WEDNESDAY
_ • ' OCTOBER 10, 2001
MIAMI -DARE COUNTY, FLORIDA
INVITATION
TO BID
TITLE
ROLL -UP DOOR PREVENTATIVE MAINTENANCE & REPAIRS FOR
VARIOUS COUNTY DEPARTMENTS FOR A ONE (1) YEAR PERIOD WITH
COUNTY OPTION TO RENEW FOR TWO (2) YEARS
THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW:
AFFIDAVITS: ........... .............................................................................
SEE APPENDIX - SECTION 1
BID DEPOSIT AND PERFORMANCE BOND:..... ............................
CATALOGUE AND LISTS: ..................................................................
CERTIFICATE OF COMPETENCY: .................................................
SEE SECTION 2.0, PARA. 2.14
EQUIPMENT LIST:..............................................................................
INDEMNIFICATIONIINSURANCE:...................................................
SEE SECTION 2.0, PARA. 2.11
LIVINGWAGE:............................................................................... .
PRE-BID CONFERENCE/WALK-THRU...........................................
RACE -CONSCIOUSNESS MEASURE:........ ......................................
SAMPLESANFORMATION SHEETS: ...............................................
SECTION 3 - MDHA:............................................................................
SITE VISIT/AFFIDAVIT: ................................................... ...........
SURCHARGE FEE: ............................... ............................ ..................
SEE SECTION 2.0, PARA. 2.21
WRITTEN WARRANTY: .....................................................................
IMPORTANT NOTICE TO BIDDERS
NIA
MiANII-DADE COUNTY
DEPARTMENT OF PROCUREMENT MANAGEMENT
BIDS AND CONTRACTS DIVISION
FOR INFORMATION CONTACT
EDWARD MASON @ (305) 375-3900
FAILURE TO SIGN PAGE 22 OF SECTION 4.0, BID PROPOSAL WILL
RENDER YOUR BID NON-RESPONSIVE
02-- 142
BID SHELL FORMAL.DOC La j Reviwd07^_0100
MIAMI -DARE COUNTY BID NO.: 6050 -2104 -OTR -CW
INSTRUCTIONS FOR MAILING A BID IN RESPONSE TO A
FORMAL BID SOLICITATION
Each bid proposal submitted to the CLERK OF THE BOARD will have the following
information clearly marked on the face of the envelope:
> Bidder's Name and Return Address > Bid Number
> Opening Date of Bid > Title of the Bid
Failure to include this information may result in your bid not being considered.
The bidder will submit each bid proposal, consisting of one original and three copies and any
attachments in one envelope_
Bid responses submitted at the same time for different bid solicitations shall be placed in
separate envelopes and each envelope shall contain the information previously stated. Failure to
comply with this requirement may result in the bid from being considered.
"BIDS/PROPOSALS MUST BE SUBMITTED IN A SEALED ENVELOPE OR
CONTAINER AND WILL BE OPENED PROMPTLY AT THE SUBMITTAL
DEADLINE. BIDSIPROPOSALS RECEIVED AFTER THE FIRST BID/PROPOSAL
ENVELOPE OR CONTAINER HAS BEEN OPENED WILL NOT BE OPENED OR
CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING BIDS/PROPOSALS TO
THE CLERK OF THE BOARD ON OR BEFORE THE STATED TIME AND DATE IS
SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER. MIAMI-DADE
COUNTY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ANY MAIL, PACKAGE
OR COURIER SERVICE, INCLUDING THE U.S. MAIL, OR CAUSED BY ANY
OTHER OCCURRENCE."
THIS BJT)'IPROPOSAL SHALL BE SUBMITTED TO THE FOLLOWING ADDRESS:
CLERK OF THE BOARD
Stephen P. Clark Center
111 NW 1st Street, 17th Floor, Suite 202
Miami, Florida 33128-1983
The County provides equal access and does not discriminate on the basis of disability in its programs or
services. It is our policy to make any communication available to the public. It is also available to the people
who are blind/visually impaired and deaf/hard of hearing. If you require information in an alternate format
please call 305-375-5278:
02- 142
REVlsEDOMPol
MIAMI-DADE COUNTY BID NO.: 6050 -2104 -OTR -CW
SECTION 1
GENERAL TERMS AND CONDITIONS
1.1 DEFINITIONS
The term "bid" shall refer to any offer(s) submitted in response to this bid solicitation.
The term "County" shall refer to Miami -Dade County.
The term "bidder" shall refer to anyone submitting a bid in response to this bid solicitation.
The term "contractor" or "successful bidder" shall refer to the bidder receiving an award as
a result of this bid solicitation.
The term "bid solicitation" shall mean this bid solicitation, the bidder's response to this bid
solicitation, as approved by the County in accordance with Administrative Order 3-2 and
any purchase order or change order issued by DPM.
The term "DPM" shall refer to Miami -Dade County's Department of Procurement
Management.
1.2 CONTENTS OF BID
A. General Conditions
(1) It is the sole responsibility of the bidder to become thoroughly familiar
with the bid requirements and all terms and conditions affecting the
performance of this bid solicitation. Pleas of ignorance by the bidder of
conditions that exist, or that may exist will not be accepted as a basis for
varying the requirements of the County, or the compensation to be paid to
the successful bidder.
(2) The bidder is advised that this bid solicitation is subject to all legal
requirements contained in the County's Administrative Order 3-2 and all
other applicable County Ordinances and/or State and Federal Statutes.
Where conflicts exist between this bid solicitation and these legal
requirements, the higher authority shall prevail in the following order:
Federal, State and local.
Additional Information/Addenda
Request for additional information, explanation, clarification or
interpretation must be made in writing to the Department of Procurement
Management, Bids and Contracts Division contact person identified on the
cover page of this bid solicitation and file a copy with the Clerk of the
Board, 111 NW 1st Street, 17�' Floor, Suite 202, Miami, Florida. The
request shall be received no later than fourteen (14) working days prior to
II 02- 142
xewseoos,oi,o,
B�.
(1}
Additional Information/Addenda
Request for additional information, explanation, clarification or
interpretation must be made in writing to the Department of Procurement
Management, Bids and Contracts Division contact person identified on the
cover page of this bid solicitation and file a copy with the Clerk of the
Board, 111 NW 1st Street, 17�' Floor, Suite 202, Miami, Florida. The
request shall be received no later than fourteen (14) working days prior to
II 02- 142
xewseoos,oi,o,
MIAMI-DADE COUNTY BID NO.: 6054 -2104 -OTR -CW
the bid opening date. Any request received after that time may not be
reviewed for inclusion in this bid solicitation. The request shall contain the
requester's name, address, and telephone number. If transmitted by
facsimile, the request shall also include a cover sheet, with the sender's
facsimile number. Ibis,bid solicitation is subject to the "Cone of Silence"
in accordance with County Ordinance No. 98-106.
"CONE OF SILENCE"
PURSUANT'TO ORDINANCE 98-106, AS AMENDED, A "CONE OF SILENCE"
IS IMPOSED UPON RFPs, RFQs OR BIDS AFTER ADVERTISEMENT AND
TERMINATES AT THE TIME THE COUNTY MANAGER ISSUES A WRITTEN
RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS. THE
CONE OF SILENCE PROHIBITS COMMUNICATION REGARDING RFPs,
RFQs OR BIDS BETWEEN POTENTIAL VENDORS, SERVICE PROVIDERS,
BIDDERS, LOBBYISTS OR CONSULTANTS AND THE COUNTY'S
PROFESSIONAL STAFF INCLUDING, BUT NOT LIMITED TO, THE COUNTY
MANAGER AND THE COUNTY MANAGER'S STAFF. A CONE OF SILENCE
IS ALSO IMPOSED BETWEEN THE MAYOR, COUNTY COMMISSIONERS
OR THEIR RESRk,CTIVE STAFFS AND ANY MEMBER OF THE COUNTY'S
PROFESSIONAL STAFF INCLUDING, BUT NOT LIMITED TO, THE COUNTY
MANAGER AND THE COUNTY MANAGER'S STAFF.
THE PROVISIONS OF ORDINANCE 98-106 DO NOT APPLY TO ORAL
COMMUNICATIONS AT PRE-BID CONFERENCES, ORAL PRESENTATIONS
BEFORE SELECTION COMMITTEES, CONTRACT NEGOTIATIONS
DURING ANY DULY NOTICED PUBLIC MEETING OR COMMUNICATIONS
IN WRITING AT ANY TIME UNLESS SPECIFICALLY PROHIBITED BY THE
APPLICABLE RFP, RFQ OR BID DOCUMENT. BIDDERS OR PROPOSERS
MUST FILE A COPY OF ANY WRITTEN COMMUNICATION WITH THE
CLERK OF THE BOARD, WHICH SHALL BE MADE AVAILABLE TO ANY
PERSON UPON REQUEST. THE COUNTY SHALL RESPOND IN WRITING
AND FILE A COPY WITH THE CLERK OF THE BOARD, WHICH SHALL BE
MADE AVAILABLE TO ANY PERSON UPON REQUEST.
IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW,
VIOLATION OF ORDINANCE 98-106 BY ANY BIDDER OR PROPOSER
SHALL RENDER ANY RFP AWARD, RFQ AWARD OR BID AWARD
VOIDABLE. ANY PERSON HAVING PERSONAL KNOWLEDGE OF A
VIOLATION OF THIS ORDINANCE SHALL REPORT SUCH VIOLATION TO
THE STATE ATTORNEY AND/OR MAY FILE A COMPLAINT WITH THE
ETHICS COMMISSION. BIDDERS OR PROPOSERS SHOULD REFERENCE
THE ACTUAL ORDINANCE FOR FURTHER CLARIFICATION.
(2) The Department of Procurement Management, Bids and Contracts
Division will issue a response to any inquiry, as it deems necessary, by
written addenda, issued prior to the bid opening date. The bidder shall not
rely on any representation, statement or explanation other than those made
in this bid solicitation document or in any addenda issued. Where there
appears to be a conflict between this bid solicitation, and any addenda
issued, the last addendum issued will prevail.
02- 142
REVISED 0801'01
MIAMI-DADE COUNTY BID NO.: 6050 -2104 -OTR -CW
(3) It is the bidder's responsibility to ensure receipt of all addenda and
substitute bid proposal forms. If applicable, the bidder is required to
submit the substitute bid proposal forms and acknowledge the number of
addenda received as part of this bid solicitation, by completing and signing
the attached Addenda Acknowledgment Form.
C. Conflicts in this Bid Solicitation
Where there appears to be a conflict between the General Terms and
Conditions, the Special Conditions, the Technical Specifications, the bid
proposal Section, or any addendum issued, the order of precedence shall
be: the last addendum issued, the bid proposal Section, the Technical
Specifications, the Special Conditions, and then the General Terms and
Conditions.
D. Prices Contained in this Bid Solicitation
(1) Prompt Payment Terms
a. The bidder may offer cash discounts for prompt payments; however,
such discounts will not be considered in determining the lowest price
for bid evaluation purposes.
b. The bidder is required to provide prompt payment terms in the space
provided on the bid proposal signature page of this bid solicitation. If
no prompt payment discount is being offered, the bidder shall enter
zero (0) for the percentage discount to indicate no discount. If the
bidder fails to enter a percentage, it is hereby understood and agreed
that the payment terms will be 2% 20 days, effective after receipt of
invoice or final acceptance, whichever is later.
1.3 PREPARATION AND SUBMISSION OF BID
A Pr aration/Submission
(1) The bid proposal form shall be used when submitting a bid. Use of any
other form shall result in the rejection of the bidder's Proposal.
(2) The bid will either be typed or completed legibly in ink. The bidder's
authorized agent will sign the bid proposal Form in ink, and the authorized
agent will initial all corrections made by the bidder in ink. The use of
pencil or erasable ink may result in the rejection of the bid. Failure to
sign the Bid Proposal signature page will render your bid non-
responsive.
(3) Where there is a discrepancy between the unit prices and any extended
prices, the unit prices will prevail.
Iv 02- 142
REYISEDOS-Ot91
MIAMI-DADE COUNTY BID NO.: 6050 -2104 -OTR -CW
(4) The County may consider additional bid proposal(s) from the same bidder
for the same bid solicitation, provided that; (a) the additional bid(s) offer a
different product and/or level of service that meets or exceeds this bid
solicitation requirements; (b) the bidder completes a separate bid proposal
Form for each bid and shall mark "Alternate bid(s)" on the first page.
Failure to comply with the foregoing may result in the rejection of the
additional bid(s).
(5) The bidder is allowed to offer multiple product brand names for each item
listed on the bid proposal; provided that (a) such offer is allowable in
accordance with Section 2.9 of this bid solicitation and (b) the same price
is offered for all brand names bid. If the County determines that all brand
names are acceptable based on the quality standards, the County may, at
its option, order either of the brands names made available through this
bid solicitation. Conversely, the Vendor will deliver the brand name that
has been ordered by the County.
(6) Unless otherwise specified in the Special Terms and Conditions, the
proposed delivery and/or completion time, if required, shall be stated in
calendar days.
(7) -The bidder shall not charge tax, as the County is exempt from all State,
Excise, Federal and Local sales tax. Not withstanding, any tax on
materials and/or supplies which are purchased by the bidder, in
conjunction with this bid solicitation shall be subject to the Florida State
Sales Tax, in accordance with Section 212.08 of Florida Statutes, amended
1970, and all amendments thereto, shall be borne solely by the bidder.
When the bidder does not manufacture the materials and/or supplies, taxes
must be incorporated in the bid price, not as a separate item. When
materials and/or supplies are manufactured by the bidder and are not for
resale, the County is exempt. The County may be subject to applicable
taxes on goods purchased for 'the purpose of resale. Upon request, the
County will provide a tax exemption certificate, if applicable. Any special
tax requirements will be specified either in the Special Conditions or in the
Technical Specifications.
(8) Any telegraphic or facsimile bid will not be considered.
(9) The bidder shall incorporate in their bid price all costs related to this bid
solicitation.
(10) The apparent silence of the specifications and any addenda regarding any
details or the omission from the specifications of a detailed description
concerning any, point shall be regarded as meaning that only the best
commercial practices are to prevail, and that only materials and
workmanship of first quality are to be used. All interpretations of the
specifications shall be made upon the basis of this bid solicitation.
V 02- 142
REV ISEO 06'01.01
MIAMI-DADE COUNTY BID NO.: 6050 -2/04 -OTR -CW
B. Vendor Registration
The County requires the bidder to complete a registration application
including the required disclosure affidavits with the Department of
Procurement Management. The bidder must be registered to be
recommended for any contract award*. To register, or for assistance in
registering, contact Vendor Assistance at 305-375-5287.
*Section 2-11.1(d) of the County Code provides that a person (County Employee) may not enter into any
contract or transact any business through a firm, corporation, partnership or business entity in which he
or any member of his immediate family has a controlling financial interest, direct or indirect, with the
County or any person or agency acting for the County and any such contract, agreement or business
engagement entered in violation of this subsection shall render the transaction voidable. For additional
information please contact the Ethics Commission hot line at 305-579-2593.
The following are the documents with the vendor registration application:
(1) Disclosure of Employment Affidavit
Pursuant to Cozanty Ordinance No. 90-133, the bidder shall disclose the
composition of the workforce, wages and benefits to be paid and existence
of collective bargaining agreement.
(2) Disclosure of Ownership Affidavit
Pursuant to County Ordinance No. 88-121, the bidder shall disclose the
full legal name and business address of any individual (other than
subcontractors, materialmen, suppliers, laborers, or lenders) that have, or
will have any interest (legal, equitable beneficial or otherwise) in the
contract or business transaction with the County. If the contract or
business transaction is with a corporation, the full legal name and business
address shall be provided for each officer and director and each
stockholder who holds directly or indirectly five percent (5%) or more of
the corporation's stock. If the contract or business transaction is with a
trust, the full legal name and address shall be provided for each trustee and
each beneficiary. Post Office addresses are not acceptable.
(3) Drug -Free Affidavit
Pursuant to County Ordinance No. 92-I5, the bidder shall certify that it is
providing a drug-free workplace and notices to each employee of the
danger of drug abuse; the firm's policy of maintaining a drug-free
environment; availability of drug counseling, rehabilitation and employee
assistance programs; and penalties that may be imposed upon employees
for drug abuse violations. The bidder shall also require an employee to
sign a statement, as a condition of employment that the employee will
abide by the terms of the drug-free workplace policy, and notify the
employer if any criminal conviction occurring no later than five (5) days
after receiving notice of such conviction, and impose appropriate
personnel action against the employee up to and including termination.
VI 02- 142
REVISED03,0 bi
MIAMI-DADE COUNTY BID NO.: 6050 -2104 -OTR -CW
(4) Family Leave Affidavit
Pursuant to County Ordinance No.91-142, the bidder shall certify that it
entitles an employee who has worked for the firm for at least one (1) year,
ninety (90) days of family leave during any twenty-four (24) month
period, for medical reasons, for the birth or adoption of a child, or for the
care of a child, spouse or other close relative who has a serious health
condition without risk of termination or employment or employer
retaliation.
(5) W-9 and 8109 forms
The bidder must furnish a W-9 and 8109 (Federal Tax Deposit Coupon)
forms as required by the Internal Revenue Service in order to enter into
this contract with the County.
(6) Social Security Number
The bidder must furnish a copy of the Social Security card if a social
security number is being used in lieu of the Federal Identification Number
(F.E.I.N.).
C. Americans with Disabilities Act A.D.A. Affidavit
It is the policy of the County to comply with all requirements of the
Americans with Disabilities Act (A.D.A.). For A.D.A. complaints call
305-375-3566. The bidder recommended for award shall be required to
complete an A.D.A. affidavit in accordance with County Resolution No.
385-95 prior to the award of this bid solicitation. Failure to complete the
affidavit as required may result in the rescinding of the recommendation
for award. (See Appendix - Section 1)
D. Antitrust Laws
By acceptance of this contract, the successful bidder agrees to comply
with all antitrust laws of the United States and the State of Florida, in
order to protect the public from restraint of trade, which illegally increases
prices.
E. Collection of Fees, Taxes and Parking Tickets Affidavit
Pursuant to the procedures contained in Section 2-8.1 (c) of the County
Code, and as amended by County Ordinance No. 95-178, the bidder shall
certify that all delinquent and currently due fees, taxes and parking tickets
have been paid. (See Appendix - Section 1)
02- 142
• VII
f'� REV[SEDOW01,01 -
MIAMI-DADE COUNTY BID NO.: 6050 -2104 -OTR -CW
F. Conflict of Interest and Code of Ethics
Prohibition of County Employees contracting with the County
No person included in the terms defined in 2-11.1(b)(1) through (6) and
(9) of the Code of Miami -Dade County shall enter into any contract or
transact any business in which he or a member of his immediate family
has a financial interest, direct or indirect, with Miami -Dade County or any
person or agency acting for Miami -Dade County or any person or agency
acting for Miami -Dade County. Any such contract, agreement or business
engagement entered in violation of the Conflict of Interest and Code of
Ethics Ordinance shall render the transaction voidable. Willful violation
of this subsection shall constitute malfeasance in office and shall effect
forfeiture of office or position.
County Ordinance No. 00-1, amending Section 2-11.1(c) of the Code of
Miami -Dade County, .provides a limited exclusion from the foregoing
prohibition on transacting business with the County for employees and
their immediate family. County employees and members of their
immediate family may enter into contracts, individually or through a firm,
corporation, partnership or business entity in which the employee or any
member of his or her immediate family has a controlling financial interest,
with Miami -Dade County or any person or agency acting for Miami -Dade
County, provided that:
(1) entering into the contract would not interfere with the full
and faithful discharge by the employee of his or her duties to
the County;
(2) the employee has not participated in determining the subject
contract requirements or awarding the contract; and
(3) the employee's job responsibilities and job description will
not require him or her to be involved with the contract in any
way,,including, but not limited to its enforcement, oversight,
administration, amendment, extension, termination or
forbearance.
Any affected County employee shall seek a conflict of interest opinion
from the Miami -Dade County Commission on Ethics and Public Trust
("the Ethics Commission") prior to submittal of a bid, response or
application of any type to contract with the County by the employee or his
or her immediate family. A request for a conflict of interest opinion shall
be made in writing and shall set forth and include all pertinent facts and
relevant documents.
The employee shall file with the Clerk a statement in a form satisfactory to
the Clerk disclosing the employee's interest or the interest of his or her
' VIII
LAj
02- 142 REViSEDO&0101
MIAMI-DADE COUNTY BID NO.: -6050 -2/04 -OTR -CW
immediate family in the proposed contract and the nature of the intended
contract at the same time as or before submitting a bid, response, or
application of any type to contract with the County. Also a copy of the
request for a conflict of interest opinion from the Ethics Commission and
any corresponding opinion, or any waiver issued by the Board of County
Commissioners, must be submitted with the response to the solicitation to
contract with the County.
The County employee has the right to seek a legal opinion from the State
of Florida Ethics' Commission regarding the applicability of state law
conflict of interest provisions.
G. Criminal Conviction Disclosure
Pursuant to County Ordinance No. 94-34, "Any individual who has been
convicted of a felony during the past ten (10) years and any corporation,
partnership, joint venture or other legal entity having an officer, director,
or executive who has been convicted of a felony during the past ten (10)
years shall disclose this information prior to entering into a contract with
or receiving funding from the County."
H. Debarment Disclosure Affidavit
Pursuant to County Ordinance No. 93-129, the bidder will agree to comply
with the provisions of this ordinance, which prevents the contractor,
subcontractors, their officers, their principals, stockholders, and their
affiliates who have been debarred by the County, from entering into this
contract with the County during the period for which they have been
debarred. It is the bidders responsibility to ascertain that none of the
subcontractors, their officers, principals, or affiliates, as defined in the
ordinance, are debarred by the County pursuant to Ordinance No. 93-129
and Administrative Order 3-2 before submitting the bid proposal. The
Disclosure Affidavit requires the bidder to affirm under oath, that the
County debars neither the bidder, its subcontractors, or their officers,
principals nor affiliates, at the time of the bid proposal. If the bidder fails
to complete the Disclosure Affidavit it shall not be awarded this contract.
If this contract is entered into in violation of this ordinance, it is void, and
any person who willfully fails to disclose the required information or who
knowingly discloses civil or criminal penalties, or both can punish false
information, as provided for in the Iaw. (See Appendix - Section 1)
Independent Private Sector Inspector General
(1) Pursuant to A.O. 3-20, the County has the right to retain the services of an
independent private sector inspector general (IPSIG). Upon written notice
from the County, the Vendor shall make available to the IPSIG retained by
IX 02.E 142
REV ISM 08/01.101
MIAMI-DADE COUNTY
BID NO.: 6050 -2/04 -OTR -CW
the County all requested records and documents for inspection and
copying. The terms of this provision apply to the bidder, its offices, agents
and employees. Nothing contained in this provision shall impair any
independent right of the County to audit or investigate the operations,
activities and performance of the Vendor in connection with this contract.
The terms of this provision are neither intended, nor shall they be
construed, to impose any liability on the County by the Vendor or third
parties.
(2) Pursuant to Ordinance 97-215
Office of Inspector General,
random audits on all County
contract. The cost of the audit
total contract amount which
Miami -Dade County has established the
which is required to perforin mandatory
contracts throughout the duration of each
for this contract shall be '/' of 1% of the
cost the (ContractorNendor/Consultant)
agrees is included in the total contract amount. The audit cost will be
deducted by the County from progress payments to the
(ContractorNendor/Consultant). The audit cost shall also be included in
all change orders to this contract and all contract renewals and extensions.
Accordingly, the audit cost will be deducted from progress payments to
the (ContractorNendor/Consultant) pursuant to all change orders, contract
renewals and extensions.
The Miami -Dade County Inspector General is authorized and empowered
to review past, present and proposed County and Public Health Trust
programs, contracts transactions, accounts, records and programs. In
addition, the Inspector General has the power to subpoena witnesses,
administer oaths, require the production of records and'monitor existing
projects and programs. Monitoring of an existing project or program may
include a report concerning whether the project is on time, within budget
and in conformance with plans, specifications and applicable law. The
inspector general is empowered to analyze the necessity of and
reasonableness of proposed change orders to the contract. The Inspector
General is empowered to retain the services of independent private sector
inspectors general to audit, investigate, monitor, oversee, inspect and
review operations, activities, performance and procurement process
including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of the
(ContractorNendor/Consultant), its officers, agents and employees,
lobbyists, County staff and elected officials to ensure compliance with
contract specifications and to detect fraud and corruption.
Upon 14 days prior written notice to (ContractorNendor/Consultant) from
the Inspector General or IPSIG retained by the Inspector General, the
(ContractorNendor/Consultant) shall make all requested records and
documents available to the Inspector General or IPSIG for inspection and
copying. The Inspector General and IPSIG shall have the right to inspect
IS
X 02- 142
RMSEQO810MI
MIAMI-DADE COUNTY BID NO.: 6050 -2104 -OTR -CW
and copy all documents and records in the
(Contractor'sNendor's/Consultant's) possession, custody or control
which, in the Inspector General's or IPSIG's sole judgement, pertain to
performance of the contract, including, but not limited to original estimate
files, change order estimate files, worksheets, proposals and agreements
from and with successful and unsuccessful subcontractors and suppliers,
all project -related correspondence, memoranda, instructions, financial
documents, construction documents, (bid/proposal) - and contract
documents, back -charge documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or
dividends received, payroll and personal records, and supporting
documentation for the aforesaid documents and records.
The provisions in this section shall apply to the
(ContractorNendor/Consultant), its officers, agents, employees,
subcontractors and suppliers. The (ContractorNendor/Consultant) shall
incorporate the provisions in this section in all subcontracts and all other
agreements executed by the (ContractorNendor/Consultant) in connection
with the performance of the contract.
Nothing in this contract shall impair any independent right to the County
to conduct audit or investigative activities. The provisions of this section
are neither intended nor shall they be construed to impose any liability on
the County by the (ContractorNendor/Consultant) or third parties.
J. Minority and Disadvantaged Business Enterprises
The County endeavors to obtain the participation of all minority and
disadvantaged business enterprises. For information and to apply for
certification, contact the Department of Business Development, 175 NW
1st Avenue, 28`" Floor, Miami, FL 33123-1844, Phone: 305-349-5960.
K. Public Entity Crimes Sworn Statement
Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, "Any
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
bid solicitation to provide goods and/or services to a public entity, may not
submit a bid on a bid solicitation with a public entity for construction or
repair of a public building or public work, may not submit a bid on leases
of real property to a public entity, may not be awarded or perform work as
a contractor or, supplier, or subcontractor or consultant under a bid
solicitation 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 ($10,000.00) for a period of thirty-six
(36) months from the date of being placed on the convicted vendor list."
XI 027 142
REVISED 0&01101
MIAMI-DADE COUNTY
BID NO.: 6050 -2104 -OTR -CW
L. Livin Wa e
In accordance with Ordinance 99-44 beginning November 11, 1999, all
Service Contractors who enter into this contract shall agree to pay the
Living Wage required by Ordinance 99-44 to all its employees providing
Covered Services. The current Living Wage applied to this contract as of
October 1, 2001 (if applicable) is $8.81 per hour plus Health Benefits as
described in the aforementioned ordinance or $10.09 per hour without
Health Benefits. The Living Wage required by. Ordinance 99-44 is
subject to indexing as set -forth in Section "C" (Indexing). Such Health
Benefits shall consist of payment of at least $1.25 per hour towards the
provision of health care benefits for employees and their., dependents.
Proof of the provision of Health Insurance must be submitted to the
County to qualify for the wage rate for employees with health benefits.
The Service Contractor shall also agree to produce all documents and
records relating to payroll and compliance with this Ordinance prior to
award of this bid solicitation upon request by the Department of
Procurement Management, Bids & Contracts Division.
The provisions in this Ordinance applies to all Service Contracts
involving the expenditure of over $100,000 per year for the following
types of ("Covered Services") services:
(i) Food preparation and/or distribution
(ii) Security services
(iii) Routine maintenance services such as custodial, cleaning, refuse
removal, repair, refinishing and recycling
(iv) Clerical or other non -supervisory office work, whether temporary
or permanent
(v) Transportation and parking services including airport and seaport
services
(vi) Printing and reproduction services
(vii) Landscaping, lawn and/or agricultural services
if records reflect, that the Service Contractor is in violation of this
Ordinance, the County has the right to sanction the Service Contractor to
include but not limited to termination, fine and- suspension.
This Ordinance encompasses various responsibilities that must be
accomplished by the successful bidder such as record keeping,
posting and reporting. Upon the award of this contract, the
4 r XII 02- 142 REVISEDOS OKI
MIAMI-DADE COUNTY BID NO.: -6050 -2/04 -OTR -CW
successful bidder must be prepared to comply with these
requirements as outlined in Ordinance 9944.
M. Code of Business Ethics
In accordance with Section 2-8.1(i) of the Miami -Dade County Code, each
person or entity that seeks to do business with the County shall adopt. a
Code of Business Ethics ("Code") and shall, prior to execution of any
contract between the contractor and the County, submit an affidavit stating
that the contractor has adopted a Code that complies with the requirements
of Section 2-8.1 (i) of the Miami -Dade County Code. Any person or entity
that fails to submit the required affidavit shall be ineligible for contract
award. The Code of Business Ethics shall apply to all business that the
contractor does with the County and shall, at a minimum, require that the
contractor:
Comply with all applicable governmental rules and regulations including,
among others, the Miami -Dade County Conflict of Interest and Code of
Ethics Ordinance and the False Claims Ordinance.
Comply with all applicable rules and regulations regarding Disadvantaged
Business Enterprises, Black Business Enterprises, Hispanic Business
Enterprises and Women Business Enterprises (hereinafter collectively
Minority Business Enterprises, "MBEs') and Community Small Business
Enterprises (CSBEs) and shall specifically prohibit the following
practices:
Pass-through Requirements. The Code shall prohibit pass-throughs
whereby the prime firm requires that the MBE or CSBE firm accept
payments as a MBE or CSBE and pass through those payments or a
portion of those payments to another entity including, but not limited to
the owner/operator of the prime firm;
Rental Space, Equipment or Flat Overhead Fee Requirements. The Code
r:
hall prohibit, rental space requirements, equipment requirements, and/or
LIat overhead fee requirements, whereby the prime firm requires the MBE
or CSBE firm to rent space or equipment from the prime firm or charges a
flat overhead fee for the use of space, equipment, secretary, etc.;
Staffing Requirements. The Code shall prohibit the prime firm from
mandating, as a condition to inclusion in the project, that a MBE or CSBE
hire, fire, or promote certain individuals not employed by the prime firm,
or utilize staff employed or previously employed by the prime firm.
MBE or CSBE staff utilization. The Code shall prohibit the prime firm
from requiring the MBE or CSBE firm to provide more staff than is
necessary and then utilizing, the MBE or CSBE staff for other work to be
performed by the prime firm.
Fraudulently creating, operating or representing MBE or CSBE. The
Code shall prohibit a prime firm including, but not limited to, the
owners/operators thereof from fraudulently creating, operating or
02- 142
XIII
MIAMI-DADE COUNTY
BID NO.: 6050 -2104 -OTR -CW
representing an entity as a MBE or CSBE for purposes of qualifying for
certification as a MBE or CSBE.
The Code shall also require that on any contract where MBE or CSBE
participation is purported, the contract shall specify, essential terms
including, but not limited to, a specific statement regarding the percent of
participation planned for MBEs or CSBEs, the timing of payments and
when the work is to be performed.
The failure of a contractor to comply with its Code of Business Ethics
shall render any contract between the contractor and the County voidable,
and subject violators to debarment from future County work pursuant to
Section 10-38(h)(2) of the Code. The Inspector General shall be
authorized to investigate any alleged violation by a contractor of its Code
of Business Ethics.
N. Individuals and Entities Doing Business with the County not Current in
their Obligations to the County (See Appendix — Section 1)
Pursuant to Ordinance No. 99-162 and Section 2-8.1 of the County Code,
no individual or entity who is in arrears in any payment under a contract,
promissory note or other loan document with the County, or any of its
agencies or instrumentalities, including the Public Health Trust (herein
referred to as "County"), either directly or indirectly through a firm,
corporation, partnership or joint venture in which the individual or entity
has a controlling financial interest as that term is defined in Section 2-
11.1(b)(8) of the County Code, shall be allowed to receive any additional
County contracts, purchase orders or extensions of County contracts until
either the arrearage has been paid in full or the County has agreed in
writing to a payment schedule. Failure to meet the terms and conditions
of any obligation or repayment schedule shall constitute a default of the
subject contract and may be cause for suspension, termination and
debarment, in accordance with the terms of the contract and the
debarment procedures of the, County.
1.4 MODIFICATION OR WITHDRAWAL OF A BID
A. Modification of a Bid
Any modification by the bidder to a bid shall be submitted to the Clerk Of
The Board prior to the time and date set for bid opening. The bidder shall
submit the new bid proposal form and a letter, on company letterhead,
signed by an authorized agent of the bidder .stating that the new submittal
supersedes the previously submitted bid proposal. The sealed envelope
shall contain the same information as required for submitting the original
bid. In addition, the envelope shall contain a statement that this bid
replaces the previously submitted bid. No modifications of a bid shall be
accepted after the bid has been opened. 14 2
02�
xlv
REVISED 08^01•-0 1
MIAMI-DADE COUNTY BID NO.: 6050 -2/04 -OTR -CW
B. Withdrawal of a Bid
A bid shall be irrevocable unless the bid is withdrawn as provided herein.
Only written letter received by the Clerk Of The Board prior to the bid
opening date may withdraw a bid. A bid may also be withdrawn ninety
(90) days after the bid was opened and prior to award, by submitting a
letter to the contact person identified on the front cover of this bid
solicitation. The withdrawal letter must be on company letterhead and
signed by an authorized agent of the bidder.
1.5 EVALUATION OF A BID
A. Rejection of Bid
(1) The County may reject any bidder's Proposal and award to the next lowest
responsive/responsible bidder or may reject and re -advertise for all or any
part of this bid solicitation, whenever it is deemed in the best interest of
the County. ne County shall be the sole judge of what is in its "best
interest."
(2) The County may reject any bid if: (a) prices are not fair and reasonable, as
determined by the County, and/or exceed the County's estimated budget
for this bid solicitation; (b) the bidder take exceptions to or modifies the
terms and conditions of this bid solicitation; (c) the bidder failed to satisfy
claims on previous contracts with the County or past -due payments for
County services or claims for damage to County property. The County
shall be the sole judge of what is "fair and reasonable."
B. Bankruptcy
(1) Any vendor who, at the time of bid submission, is involved in an ongoing
bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution
proceeding, or if a trustee or receiver has been appointed over all or a
substantial portion of the property of the vendor under federal bankruptcy
law or any state insolvency law, may be declared non -responsible.
(2) The County reserves the right to terminate this contract, if, during the term
of any contract the vendor has with the County, he/she becomes involved
as a debtor in a bankruptcy proceeding, or becomes involved in a
reorganization, dissolution, or liquidation proceeding, or if a trustee or
receiver is appointed over all or a substantial portion of the property of the
vendor under federal bankruptcy law or any state insolvency law.
C. Bidder's Past Performance
Pursuant to County Ordinance No. 9842, the bidder's performance as a
prime contractor or subcontractor on previous County contracts shall be
02- 142
XV
REV ISIo U901: o 1
MIAMI -DADS COUNTY BID NO.: 6050 -2104 -OTR -CW
taken into account in evaluating the bid proposal received for this bid
solicitation.
D. Elimination from Consideration
This bid solicitation shall not be awarded to any person or firm which is in
arrears to the County upon any debt, taxes or contracts which are defaulted
as surety or otherwise upon any obligation to the County.
E. Waiver of Informalities
The County reserves the right to waive any informalities or irregularities
in this bid solicitation.
F. Demonstration of Corn etenc
is
(1) A bid will only be considered from a fi a s�ervicesrequired by arly engaged
bid
business of providing the goods and/
solicitation. The bidder must be able to demonstrate a good recordnd
performance and have sufficient
financial
� afactorily provide the goods and/or
organization to ensure that they
services if awarded this bid solicitation.
(2) The County may conduct a pre -award inspection of the bidder's site or
hold a pre -award qualification hearing to determine if the bidder possesses
the requirement as outlined in the above paragraph, and is capable of
performing the requirement of this bid solicitation. The County may
consider any evidence available regarding the financial, technical
and
other qualifications and abilities of thotbidder,
ie govinernmdermital entitpast performance rn�ng
(experience) with the County or any
the award.
the bidder to show evidence
require
that they have been
may q
�3) The County
designated as an authorized representative of a manufacturer, supplier
and/or distributor, if required by this bid solicitation.
(4) The Counts' reserves the right to audit all records pertaining to and
resulting from any award from this bid solicitation, financial or otherwise.
(5) In the event that the bidder will suoa -contract
conjunction with this
or part of its work to
another vendor, or will obtain the gorequired
contract with another source of supply, the bidder may be required to
verify the competency oavrardlsubcontractor tlucontract to require the bidder to
e County
reserves the right, before g
submit such evidence of its subcontractor, as it may deem necessary.
02— 142
XVI REVISFDO14 ) -
MIAMI-DADE COUNTY BID NO. -:6050 -2/04 -OTR -CW
G. Copy of Bid Tabulation
The bidder who desires to receive a copy of the bid tabulation shall
enclose a self-addressed/stamped envelope (correct size of envelope and
postage is a must depending on the amount of information involved) when
submitting its bid proposal. Bid results will not be given out by telephone
or facsimile.
1.6 AWARD OF BID SOLICITATION
A. Contract
This bid solicitation, any addenda and/or properly executed modifications,
the purchase order (if issued), and a change order (if applicable),
constitute the entire contract.
B. Tie Bid
The Director of Bids and Contracts or designee, and according to County
Resolution 1574-88 will decide any tie bid.
C. Additional Information
The award of this bid solicitation may be preconditioned on the
subsequent submission of other documents, as specified in the Special
Conditions or Technical Specifications. The successful bidder shall be in
default of its contractual obligation if such documents are not submitted in
a timely manner and in the form required by the County. Where the
successful bidder is in default of the contractual requirements, the County,
through action taken by the Department of Procurement Management,
Bids & Contacts Division, may rescind the award.
D. Term of Contract
The term of this bid solicitation shall be specified on one of three
documents, issued to the successful bidder. These documents may either
be this bid solicitation, a purchase order or an award sheet.
E. Contract Extension
The County reserves the right to automatically extend this contract for up
to ninety (90) calendar days beyond the stated contract term. The County
shall notify the successful bidder in writing of such extensions. Additional
extensions over the first ninety (90) day extension may occur, if, the
County and the successful bidder are in mutual agreement of such
extensions.
o2- 142
L XViI
MIAMI -DADS COUNTY
BID NO.: 6050 -2104 -OTR -CW
F. Warran
Any implied warranty granted under the Uniform Commercial Code shall
apply to all goods purchased under this bid solicitation.
G. Estimated Quantities
Estimated ,quantities or estimated dollars, if provided, are for bidder's
guidance only. No guarantee is expressed or implied as to quantities or
dollars that will be used during given°anp� period.
bsequeent to the award of
County is not
obligated to place any actual needs
this bid solicitation. Estimates are based upon the County's
and/or usage during a previous contract period. The County for purposes
of determining the low bidder meeting specifications may use said
estimates.
H. Non-Exciusive�ontract
Although the purpose of this bid solicitation
a specific to secure a contract County agency,
can
satisfy the total needs of the County
is
hereby agreed and understood that this bid solicitation does not constitute
the exclusive rights of the successful bidder to receive all orders that may
be generated by the County in conjunction with this bid solicitation. In
addition, any and all commodities, equipment, and service required by the
County in conjunction with construction projects are solicited under a
distinctly different bid process and shall not be purchased under the terms,
conditions and awards rendered under this bid solicitation, unless such
purchases are determined to be in the best interest of the County.
I. Local Preference
The award of this bid solicitation is subject to County Ordinance No.
01-21 which, except where Federal or State law mandates to the contrary,
allow preference to be given to a local business. For the purposes of the
applicability of this Ordinance, "local business" means the bidder, as of
the date of the bid opening, has a valid occupational license issued by
Miami -Dade County to do business in Miami -Dade County, that
authorizes the bidder to provide the goods, services or construction to be
purchased, and has a physical business address located within the limits of
Miami -Dade County from which the vendor operates or performs
business. A Post Office Box can not be used to establish a physical
address.
When a responsive, responsible non -local business submits the lowest
price bid, and the bid submittal by one or more responsive, responsible
local businesses is within 5% of the, price submitted by the non -local
business, then the non -local business and each of the aforementioned local
businesses shall have the. opportunity to submit a best and final bid equal
XVIII 02-- 142
itFVl5ED08.01'01 -
MIAMI -DARE COUNTY
BID NO.: 6050 -2/04 -OTR -CW
to or lower than the amount of the low bid previously submitted by the
non -local business. The best and final bid will be requested by the County
within five working days of the bid opening. In the case of a tie in the best
and final bid between a local business and a non -local business, contract
award shall be made to the local business.
J.. Limited Contract Extension
Any specific work assignment which commences prior to the termination
date of the contract and which will extend beyond the termination date
including any previous contract extension(s) shall, unless terminated by
mutual written agreement by both parties, continue until completion at the
same prices, terms and conditions as set forth in this bid solicitation.
1.7 BID PROTEST
A recommendation for contract award or rejection of award may be protested by a bidder or
proposer in accordance with the procedures contained in Sections 2-8.3 and 2-8.4 of the County
Code, as amended, and as established in Administrative Order No. 3-21.
As a condition of initiating any bid or proposal protest, the protester shall
present to the Cleric of the Board a non-refundable filing fee payable to the
Clerk of the Board in accordance with the schedule provided below.
Award Amount
Fili_n_g, Fee
$25,001- $100,000
$500
$100,001- $500,000
$1,000
$500,001- $5 million
$3,000
over $5 million
$5,000
Any question, issue, objection or disagreement concerning, generated by,
or arising from the published requirements, terms, conditions or processes
contained or described in the solicitation document shall be deemed
waived by the protester and shall be rejected as a basis for a bid or
proposal protest unless it was brought by that bidder or proposer to the
attention, in writing, of the procurement agent, buyer, contracting officer
or other contact person in the County department that issued the
solicitation document, at least two working days (not less than 48 hours)
prior to the hour of bid opening or proposal submission.
The foregoing notwithstanding, the protest may not challenge the relative
weight of the evaluation criteria or the formula specified for assigning
points therefore contained in bid, request for proposals ("RFP") or request
for qualifications ("RFQ") specifications which have been approved by
the Board of County Commissioners.
®-. 142
MIAMI-DADE COUNTY BID NO.: 6050 -2104 -OTR -CW
All protests shall be submitted in writing to the Clerk of the Board and
shall state with particularity the specific facts and grounds on which it is
based, and shall include all pertinent documents and evidence and shall be
accompanied by the corresponding filing fee. This shall form the basis for
review of the protest and no other facts, grounds, documentation or
evidence not contained in the protester's submission to the Clerk of the
Board at the time of filing the protest shall be permitted in the
consideration of the protest, except for such additional evidence as is
allowed during the course of the protest proceedings:
A. Award Recommendations Over $100,000
Award recommendations for contracts and purchases involving the
expenditure of over $100,000 will be in writing, signed by the issuing
department to each competing bidder or proposer announcing the
proposed award, and a copy shall be deposited with the Clerk of the Board
on the same .day it is mailed. The bidder or proposer must file a protest
with the Clerk of the Board within ten (10) working days of the date of the
award recommendation letter. Within two (2) working days of that filing,
the protester shall supply the County Attorney and each bidder or proposer
in the competitiV6 process with a true copy of each document that was
filed with the protest. A hearing examiner shall be appointed to hear the
protest and submit a written report and recommendation to the County
Manager within twenty (20) working. days of the filing of the protest
(maximum 25 working days if hearing examiner consents to extension
request).
Failure to timely file the written protest shall constitute a waiver of the
right to protest the award recommendation.
B. Award Recommendations Over $25,000 and up to $100,000
Award recommendations for contracts and purchases involving the
expenditure of over $25,000 up to and including $100,000 shall be posted
by 9:00 a.m., every Monday in the lobby of the Stephen P. Clark Center,
111 NW I` Street, Miami, FL 33128. Such recommendations shall be in
writing and shall identify the bidder or proposer to whom the award is
being recommended and the basis therefore. It is the responsibility of the
bidder or proposer to monitor such bulletin after bid opening or proposal
submission to ascertain that a recommendation for award has been made.
Participants can call the Awards Line at 305-375-4724 or (800) 510-4724,
or contact the person identified.on the cover page of the solicitation.
The bidder or proposer must file a protest with the Clerk of the Board
within five (5) working days of the posting of the award recommendation,
together with the $500 nonrefundable filing fee. Award recommendations
for which a, protest is not received within the five (5) working day period
xx 02- 142
vaviccnnwni�ni
MIAMI-DADE COUNTY
BID NO.: 6050 -2/04 -OTR -CW
shall be awarded in accordance with the department's recommendation.
Not later than twenty (20) working days from the filing of the protest, the
Director of the issuing department shall review the written
recommendation for award and the written protest, and after consultation
with the County Attorney, issue a recommendation to the County Manager
for final disposition of the protest.
The department shall provide an opportunity to settle the protest by mutual
agreement within five (5) working days of the filing of the protest.
C. Award Recommendations $25,000 and Less
Award recommendations for contracts and purchases involving the
expenditure of $25000 or less are considered final and may not be
protested.
1.8 CONTRACTUAL, OBLIGATIONS
A. Rules Re lations Licensing Requirements
The successful bidder shall comply with all laws and regulations
applicable to the goods and/or services contained in this bid solicitation.
The bidder is presumed to be familiar with all Federal, State and local
laws, ordinances, codes and regulations that may in any way affect the
goods and/or services offered.
B. County Contractors Employment and Procurement Practices_ Affidavit
In accordance with the requirements of Ordinance 98-30, all firms with
annual gross revenues in excess of $5 million, seeking to contract with
Miami -Dade County shall, as a condition of award, have a written
Affirmative Action Plan and Procurement Policy on file with the County's
Department of Business Development. Said firms must also submit, as a
part of their proposals/bids to be filed with the Clerk of the Board, an
appropriately completed and signed Affirmative Action Plan/Procurement
Policy Affidavit. Firms whose Boards of Directors are representative of
the population make-up of the nation are exempt from this requirement
and must submit, in writing, a detailed listing of their Boards of Directors,
showing the race or ethnicity of each board member, to the County's
Department of Business Development. Firms claiming exemption must
submit, as a part of their proposals/bids to be filed with the Clerk of the
Board, an appropriately completed and signed Exemption Affidavit .in
accordance with Ordinance 98-30. These submittals shall be subject to
periodic reviews to assure that the entities do not discriminate in their
employment and procurement practices against minorities and women -
owned businesses.
02- 142
XXI
oevrern nc.m in.
MIAMI -DARE COUNTY BID NO.: 6050 -2/04 -OTR -CW
It will be the responsibility of each firm to provide verification of their
gross annual revenues to determine the requirement for compliance with
the Ordinance. Those firms that do not exceed $5 million annual gross
revenues must clearly state so in their bid proposal.
Any bidder/respondent which does not provide an affirmative action plan
and procurement policy may not be recommended by the County Manager
for award by the Board of County Commissioners.
(See Appendix - Section 1)
C. Conditions of Material and Packagin
(1) Unless otherwise specified in the Special Conditions or Technical
Specifications, all containers shall be suitable for shipment and/or storage
and comply with the County's Recycled Packaging Resolution No. 738-
92. (See Appendix - Section 1)
(3) All goods furnished shall be fully guaranteed by the successful bidder
against factory defects and workmanship. The successful bidder at no
expense to the County shall correct any defects, which may occur within
the period of the manufacturer's standard, and/or any implied warranty.
The Special Conditions may. supersede the standard manufacturer's
warranty.
D. Subcontractin
(1) Unless otherwise specified in this bid solicitation, the successful bidder
shall not subcontract any portion of the work without the prior written
consent of the County. The ability to subcontract may be further limited
by the Special Conditions. Subcontracting without the prior consent of the
County may result in termination of this bid solicitation for default.
(2) Quarterly reporting when a subcontractor is utilized: The successful bidder
is advised that when a subcontractor is utilized to fulfill the terms and
conditions of this bid solicitation, County Resolution No. 1634-93 will
apply to this bid solicitation. This resolution requires the successful bidder
to file quarterly reports as to the amount of contract monies received from
the County and the amount that have been paid by the successful bidder
directly to certified Black, Hispanic and Women -Owned businesses,
performing part of this bid solicitation work. Additionally, the listed
businesses are required to sign reports, verifying their participation in this
bid solicitation work and their receipt of such monies. The requirements of
this resolution shall be in addition to any other reporting requirements by
Federal, State or local laws, ordinances or administrative orders.
(3) Where subcontracting is permitted, the successful bidder shall obtain
written consent of the County prior to utilizing the subcontractor. All
XXII 0 2 _ 1.4 2
�FvieFnnc•n�•m
MIAMI-DADE COUNTY BID NO.: -6050 -2/04 -OTR -CW
actions of any subcontractor are the sole responsibility of the successful
bidder.
Note: This requirement is separate and independent from any requirements
that may be contained in the Special Conditions, Paragraph 2.2-
(4) In accordance with Ordinance No. 97-104, all bidders and respondents on
County contracts for purchase of supplies, materials or services, including
professional services, which involve the expenditure of $100,000 or more
and all bidders or respondents on County or Public Health Trust
construction contracts which involve the expenditure of $100,000 or more
shall include, as part of their bid or proposal submission, a listing which
identifies all first tier subcontractors who will perform any part of the
contract work and describes the portion of the work such subcontractor
will perform, and all suppliers who will supply materials for the contract
work direct to-xe bidder or respondent and describes the materials to be
supplied. Failure to include such listing with the bid or proposal shall
render the bid or proposal non-responsive. Ordinance No. 97-104, applies
to all contracts whether competitively by the County or not. Those
contracts that have received authorization by the Board of County
Commissioners to waive formal bidding procedure must also provide a
listing of all first tier subcontractors and direct suppliers.
`Subcontractor/Supplier Listing, SUB Form 100' may be utilized to
provide the information required by this paragraph. A bidder or
respondent who is awarded the contract shall not change or substitute first
tier subcontractors or direct suppliers or the portions of the contract work
to be performed or materials to be supplied from those identified in the
listing submitted with the bid or proposal except upon written approval of
the County. (See Appendix - Section 1)
NOTE: ORDINANCE NO. 97-104 REQUIRES A
BID OR PROPOSAL FOR A COUNTY OR
PUBLIC HEALTH TRUST CONTRACT
INVOLVING THE EXPENDITURE OF $100,000
OR MORE INCLUDE A LISTING OF
SUBCONTRACTORS AND SUPPLIERS WHO
WILL BE USED ON THE CONTRACT, AND
PROVIDES FAILURE TO INCLUDE THE
REQUIRED LISTING SHALL RENDER THE BID
OR PROPOSAL NON-RESPONSIVE. THE
REQUIRED LISTING MUST BE SUBMITTED
AND SIGNED EVEN THOUGH THE BIDDER OR
PROPOSER WILL NOT UTILIZE
SUBCONTRACTORS OR SUPPLIERS ON THE
CONTRACT. IN THE LATTER CASE, THE 02— 142
LISTING MUST EXPRESSLY STATE NO
SUBCONTRACTORS, OR SUPPLIERS, AS THE
XXIII
MIAMI-DADE COUNTY BID NO.: 6050 -2104 -OTR -CW
CASE MAY
TIMELY BE usElD ON H
CONTRA SUBMISSION OF A
PROPERLY COMPLETED AND SIGNED
,1SUBCONTRACTORISUPPLIER LISTING, SUB
FORM 100" (A COPY OF WHICH IS INCLUDED
IN THE BID PACKAGE) CONSTITUTE
COMPLIANCE WITH THE . LISTING
REQUIREMENTS OF THE ORDINANCE. IN
ORDER TO BE DEEMED PROPERLY
COMPLETED, THE WORD "NONE" MUST BE
ENTERED UNDER THE APPROPRIATE
HEADING OF SUB FORM 100 IF NO
SUBCONTRACTORS OR SUPPLIERS WILL BE
USED ON THE CONTRACT.
(5) In accordance with County Ordinance No. 97-35 (Fair Subcontracting
Policies), "all successful bidders/respondents on County contracts
win
hich subcontractors may be used, shall be subject to and comply with
Ordinance 97-35 as amended, requiring bidders/respondents to provide a
detailed statement of their policies and procedures for awarding
subcontracts which:
a) Notifies the broadest number of local subcontractors
of the opportunity to be awarded a subcontract;
b) Invites local subcontractors to submit bids in a
practical, expedient way;
c) Provides local subcontractors access to information
necessary to prepare and formulate -a subcontracting
bid;
d) Allows local subcontractors to meet with
appropriate personnel of the bidder to discuss the
bidder's requirements; and
e) Awards subcontracts based on full and complete
consideration of all submitted 'proposals and in
accordance with the bidder's stated objectives.
All bidders/respondents seeking to contract with the County shall, as a
condition of award, provide.a statement of their subcontracting policies
and procedures. Bidders/Respondents who fail to provide a statement of
their policies and procedures may not be recommended by the County
manager for award by the Board of County Commissioners."
(See Appendix — Section 1)
02- 142
I XIV
MIAMI-DADE COUNTY BID NO.. 6050 -2/04 -OTR -CW
E. Assignment
The successful bidder shall not assign, transfer, or otherwise dispose of
this contract, including any rights, title or interest therein, or their power to
execute such contract to any person, company, or corporation without the
prior written consent of the County.
F. Delivery
Unless otherwise specified in this bid solicitation, prices quoted shall be
F.O.B. Destination with freight included in the proposed price.
G. Employee is the Responsibility of the Successful Bidder
The employee of the successful bidder shall be considered to be, at all
times, employee of the successful bidder under its sole direction and not
an employee or agent of the County. The successful bidder shall supply a
competent and physically capable employee. The County may require the
successful bidder to remove an employee it deems unacceptable. Each
employee shall wear proper identification.
H. Indemnification of County by the Successful_ Bidder
The successful bidder shall indemnify and hold harmless the County and
its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorney's fees and costs of defense,
which the County or its officers, employees, agents or instrumentalities
may incur as a result of claims, demands, suits causes of actions or
proceedings of any kind or nature arising out of, relating to or resulting
from the performance of the Agreement by the successful bidder or its
employees, agents, servants, partners, principals or subcontractors. The
successful bidder shall pay all claims and losses in connection therewith,
and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of the County, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which
may issue thereon. The successful bidder expressly understands and agrees
that any insurance protection required by this Agreement or otherwise
provided by the successful bidder shall in no way limit the responsibility
to indemnify, keep and save harmless and defend the County or its
officers, employees, agents and instrumentalities as herein provided.
Protection of Property
All existing structures, utilities, services, roads, trees, shrubbery, etc. shall
be protected against damage or interrupted services at all times by the
successful bidder during the term of this contract. The successful bidder
shall be held responsible for repairing or replacing property, to the 0 2 — 142
MIAMI-DADE COUNTY BID NO.: 6050 -2104 -OTR -CW
satisfaction of the County, which is damaged by reason of the successful
bidder's operation on County property.
J. Collusion
Bids from related parties. Where two (2) or more related parties each
submit a bid or proposal for any contract, such bids or proposals shall be
presumed to be collusive. The foregoing presumption maybe rebutted by
presentation of evidence as to the extent of ownership, control and
management of such related parties in the preparation and submittal of
such bids or proposals. Related parties mean bidders or proposers or the
principals thereof which have a direct or indirect ownership interest in
another bidder or proposer for the same contract or in which a parent
company or the principals thereof of one (1) bidder or proposer have a
direct or indirect ownership interest in another bidder or proposer for the
same contract* Bids or proposals found to be collusive shall be rejected.
Bidders or Proposers who have been found to have engaged in collusion
may be considered non -responsible, and may be suspended or debarred,
and any contract resulting from collusive bidding may be terminated for
default.
1.9' MODIFICATION OF THE CONTRACT
The contract may be modified by unilateral action of the County or by mutual consent, in
writing, and through the issuance of a modification to the contract, purchase order, change
order or award sheet, as appropriate.
1.10 TERMINATION OF CONTRACT
A. Termination for Convenience
The County, at its sole discretion, may terminate this contract without
cause by providing the successful bidder with thirty (30) day advance
notice. Upon the receipt of such notice, the successful bidder shall not
incur any additional costs under this contract. The County shall be liable
only for reasonable costs incurred by the successful bidder, as determined
by the County, regardless of the method of payment required by this
contract. The County shall be the sole judge of "reasonable costs."
B. Termination for Default
The County may terminate this contract upon the failure of the successful
bidder to comply with any provision and/or requirements of this contract_
The County's decision not to take action upon failure of the successful
bidder to perform shall not be construed as a waiver of the ability of the
County to take additional action at a later date and time. The County shall
also have the ability to place the successful bidder on probation and/or
terminate any portion of this contract. The date of termination shall be
VIVATT 02- 142
REVISED08,01.01 -
MIAMI-DADE COUNTY BID NO.: 6050 -2104 -OTR -CW
stated in a written notice to the successful bidder. In the event the
successful bidder is terminated for default, the County reserves the right to
re -procure the goods and/or services from the next lowest responsive
responsible bidder or re -solicit the goods and/or services. The County may
further charge the successful bidder any differences in cost between the
successful bidder's price and the re -awarded price and/or any costs
associated with re -awarding or re -soliciting this contract. The County may
also debar or suspend the successful bidder from conducting business with
the County, and/or eliminate the defaulted contractor from consideration
in future bid solicitation, in accordance with appropriate County
ordinances, resolutions and/or administrative orders.
C. Ordinance 93-137
Any individual or corporation or other entity that attempts to meet its
contractual obli&itions with the county through fraud, misrepresentation
or material misstatement, the county shall, whenever practicable,
terminate the contract. The county as a further sanction may terminate or
cancel any other contracts with such individual or other entity. Such
individual or entity shall be responsible for all direct or indirect costs
associated with such termination or cancellation, including attorney's fees.
Notwithstanding, any individual or entity who attempts to meet its
contractual obligations with the county through fraud, misrepresentation
or material misstatement may be disbarred from county contracting for up
to five (S) years.
1.11 ORDINANCES, RESOLUTIONS AND/OR ADMINISTRATIVE ORDERS
To request a copy of any ordinance, resolution and/or administrative order cited in this bid
solicitation, the bidder must contact the Clerk of the Board at 305-375-5126.
02- 142
MIAMI-DADE COUNTY BID NO.: 6050 -2104 -QTR -CW
SECTION 2.0 SPECIAL CONDITIONS.
ROLL -UP PREVENTATIVE MAINTENANCE & REPAIRS
2.1 PURPOSE: TO ESTABLISH A CONTRACT FOR THE COUNTY:
The purpose of this Invitation To Bid is to establish a contract for the purchase of
Preventative Maintenance and Repairs to Roll -Up Doors in conjunction with the County's
needs on an as needed when needed basis.
2.2 Intentionally Omitted
2.3 Intentionally Omitted
2.4 TERM OF CONTRACT: FIXED PERIOD
This contract shall commence on the first calendar day of the month succeeding approval
of the contract by the Board of County Commissioners, or designee, unless otherwise
stipulated in the Notice of Award Letter which is distributed by the County's Department
of Procurement Management, Bids & Contracts Division; and contingent upon the
completion and submittal of all required bid documents. The contract shall remain in
effect for (12) twelve months and upon completion of the expressed and/or implied
warranty. periods.
2.5 OPTION TO RENEW 2 TWO YEARS (With Price Adjustment)
The prices for a one (1) year period from effective date shall be consistent with the
provisions outlined in section 2.7 of these special terms and conditions; at which time
Dade County shall have the option to renew for an additional two (2) years on a year to
year basis. At that time Dade County will consider an adjustment to price based on CPI,
Wage Earners, Miami -Ft. Lauderdale. It shall be further understood that the County
reserves the right fb reject any price adjustments submitted by the bidder and/or to
terminate the contract with the bidder based on such price adjustments. Continuation of
the contract beyond the initial period is a County prerogative; not a right of the bidder.
This prerogative may be exercised only when such continuation is clearly in the best
interest of the County.
In the event that the bidder declines the County's right to exercise the option
period, the County will consider the successful bidder in default and affect its
eligibility for future contracts.
NOTE: SHOULD THE COUNTY EXERCISE THE OPTION TO
RENEW, IT SHALL BE ONLY FOR THOSE ITEMS
ORIGINALLY AWARDED.
02- 142
Page l ~
MIAMI-DADE COUNTY BID NO.: 46050 -2104 -OTR -CW
2.6 METHOD OF AWARD: To Low Bidder In The Aggregate.
Award of this contract will be made to the responsive, responsible bidder who bids on all
items and whose bid offers the lowest price when all items are added in the aggregate. If
bidder fails to bid on all items its bid shall be declared non-responsive. The County will
award the total contract to a single bidder.
2.7 PRICES SHALL. BE FIXED AND FIRM FOR TERM OF CONTRACT:
If the bidder is awarded a contract under this bid solicitation, the prices proposed by the
bidder shall remain fixed and firm during the term of contract.
2.8 INSPECTION OF EQUIPMENT (RECOMMENDED)
Prior to submitting its proposal it is advisable that the Bidder inspect the equipment and
become familiar with any conditions which may in any manner affect the service to be
performed or affect tt equipment,- materials and labor required. The Bidder is also
advised to examine carefully any drawings and specifications and to become thoroughly
informed regarding any and all conditions and requirements that may in any manner
affect the service to be performed under the contract. No additional allowances will be
made because of lack of knowledge of these conditions. For an appointment to inspect
the equipment, and/or for any additional information required regarding the specifications
and requirements of this bid contact Phil Rose at (305) 347-4809 for appointment.
2.9 Intentionally Omitted
2.10 Ittentionally Omitted
2.11 INDEMNIFICATION AND INSURANCE - (15) - MAINTENANCE AND REPAIR
SERVICES AT AVIATION
Provider shall indemnify and hold harmless the County and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including
attorneys' fees and costs of defense, which the County or its officers, employees, agents
or instrumentalities may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature arising out of , relating to or resulting from the
performance of this Agreement by the Provider or its employees, agents, servants,
partners principals or subcontractors. Provider shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of the County, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorneys fees which may issue
thereon. Provider expressly understands and agrees that any insurance protection
required by this Agreement or otherwise provided by Provider shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the County or its officers,
employees, agents and instrumentalities as herein provided.
02- 142
Pana 7
MIAMI -DADS COUNTY
BID NO.: 6050 -210.4 -OTR -CW
The vendor shall furnish to Bid Section, WMetropolitan Dade 2350,County,
Miami,
Procurement Management Division, 111 N
Florida 33128-1989, Certificate{s} gets requirements asce which doutl n d below*
coverage has been obtained which me the q
A. Worker's Compensation Insurance for all employees of the vendor as
required by Florida Statute 440 -
Bess
. Public Liability Insurance on a Comprehensive occurrence for bodily an,}ury basis in a amout not land
than $500,000 combined single limitp
property damage. Dade County must'be shown as an additional insured
with respect to this coverage.
C. Automobile Liability Insurance covering owned,
amount not led hiraedn
vehicles used in connection with thework,
$1,000,000 combined single limit per occurrence for bodily injury and
property damage.
d shall include
The insurance coverage requiremost nearly classifications; nearly reflect the operations of
standard liability insurance manuals, which
the vendor.
All insurance policies required above shall be issued by comms nie the uthorizefollow ng
d to
do business under the laws of the State of Florida,
qualifications:
The company must be rated no less than "B" as to mane latest
and no less than "Class W as to financial strength, b, the Best
edition of Best's Insurance Guide, published by
Company, Oldwick, New Jersey, or its equivalent subject to the
approval of the County Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority
as shown in the latest "List Do Business in Florida" , issued by
Authorized or Approurance companies
ved t
the State of Florida Department of Insurance and a members
of the Florida Guaranty Fund.
Certificates will indicate no modification or change
in certificate holdshall be made
without thirty (30) days written advance notice
to NOTE: DADE COUNTY BID NUMBER AND TITLE OF BID MUST
AppEAR ON EACH CERTIFI
02- 142
4
MIAMI-DADE COUNTY BID NO.: 6050 -2/04 -OTR -CW
Compliance with the foregoing requirements shall not relieve the vendor of his
liability and obligation under this section or under any other section of this
agreement.
Issuance of a purchase order is contingent upon the receipt of the insurance
documents within fifteen (15) calendar days after Board of County Commission
approval. If the insurance certificate is received within the specified time frame
but not in the manner prescribed in this Invitation -To Bid, the Bidder shall be
verbally notified of such deficiency and shall have an additional five (5) calendar
days to submit a corrected certificate to the County. If the Bidder fails to submit
the required insurance documents in the manner prescribed in this Invitation To
Bid within twenty (20) calendar days after Board of County Commission
approval, the Bidder shall be in default of the contractual terms and conditions
and shall not be awarded the contract. Under such circumstances, the Bidder may
be prohibited from submitting future Proposal to the County in accordance with
Section 1.0, para. 1.6 of the General Terms and. Conditions.
The Bidder shall be responsible for assuring that the insurance certificates
required in conjunction with this Section remain in force for the duration of the
contractual period including any and all option years that may be granted to the
Bidder in accordance with Section 2.5 of the Special Conditions. If insurance
certificates are scheduled to expire during the contractual period, the Bidder shall
be -responsible for submitting new or renewed insurance certificates to the County
at a minimum of thirty (30) calendar days in advance of such expiration. In the
event that expired certificates are not replaced with new or renewed certificates
which cover the contractual period, the County shall suspend the contract until
such time as the new or renewed certificates are received by the County in the
manner prescribed in the Invitation To Bid; provided, however, that this
suspended period does not exceed thirty (30) calendar days. If such suspension
exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate
this contract for cause and seek re -procurement charges from the Bidder in
conjunction with Section 1.10 of the General Terms and Conditions.
2.12 Intentionally Omitted
2.13 Intentionally Omitted
CERTIFICATE OF COMPETENCY
In accordance with the Code of Metropolitan Dade County, Florida, Section 10-3 (B),
any person, firm, corporation or joint venture who shall bid or proffer a bid shall, at the
time of such bid or proffer of bid, hold a valid Certificate of Competency for garage and
industrial door work issued by the State or County Examining Board qualifying said
person, firm, corporation or joint venture to perform the work proposed. If work for
• other trades is required in conjunction with this Bid Solicitation and will be performed by
a subcontractor(s), an applicable Certificate of Competency issued to the subcontractor(s)
02- 142
MIAMI-DADE COUNTY BID NO.: 60 -50 -2104 -OTR -CW
shall be submitted with the Bidder's proposal; provided, however, that the County may at
its option and in its best interest allow the Bidder to supply the to the County during the
bid evaluation period.
T: PERIODIC PAYMENTS FOR SERVICE RENDERED
2.15 METHOD OF PAYMEN
The County shall provide periodic payments for services
the rendered b subs tthe ccce successful
bidder. In order for the County to provide payment,
a fully
documented invoice, which identifies the appropriate purchase order number, the service
location, and itemizes the services provided to the County using department(s). The
invoice shall be submitted to the County department within thirty- (30) calendar days
after the service has been rendered. It shall bed cethas be nsuch
completeinvoices
shall
C unty
submitted for payment until such time be
as the service
representative has reviewed and approved the service.
2.16 Intentionally Omitted
2.17 Intentionally Omitted
2.18 Intentionally Omitted
2.19 GUARANTEE AGAINST DEFECTS SHALL BE THRKK365 CALENDAR DAYS
The bidder shall, in addition to all other guarantees, be responsible for faulty labor and
d sixty-five (65)
defective material and equipment within a pee labor, mateof three rial and/ohundred rn equipment by3 he
calendar days after date of acceptance of h
County. The bidder shall promptly cori-echese dficiencies, nifies he bidder such deficiencies es County,out cost to the
wwithin five (5) calendar days after the County ot
writing. Payment in full for the work does not constitute a waiver of guarantee.
2.20 CONTACT PERSONS:
For any additional information regarding the spe i 5-3900.ins d requirements of this
contract, Contact: Edward Mason,CPPB at (305)
2.21 COUNTY -WIDE
Any Governmental, not-for-profit or quasi -g ��d alllitentity ms spec fled hereinn the State from he
may avail itself of at the contrantract ct price( )established herein.
his co
successful bidder(s)
overnmental entity which uses a contract(s)
Each Governmental, no11
it quasi -g lace its own orders, issue its own
resulting here from, will establish its own contract, p a ents, determine shipping
purchase orders, be invoiced therefrom and make its own p ym
terms and issue its own exemption certificates as required by .the bidder.o 142
a
MIAMI-DADE COUNTY BID NO.: 6050 -2/04 -OTR -CW
It is understood that unless specified in Section 2, paragraph 2.16, entitled "Shipping
Terms", all prices shall be quoted, "FOB Destination." For entities other than those
belonging to Miami -Dade County or those located outside of the geographical boundaries
of Miami -Dade County, the successful vendor shall be entitled to ship goods on an "FOB
Destination, Prepaid and Charged Back" basis. This allowance shall only be made when
expressly authorized by a representative of the entity, prior to shipping the goods.
It is also understood and agreed that Dade County is not a legally binding party to any
contractual agreement made between any governmental unit and the bidder as a result of
this bid.
SURCHARGE FEE AND QUARTERLY SUMMARY REpORT
Per Miami -Dade County Surcharge Fee Ordinance No. 98-43, please be advised that this
contract is subject to a user surcharge fee in the amount of 2% on all sales to
governmental, not for profit or quasi governmental entity; OTHER THAN MIAMI-
DADE COUNTY, resulting from this contract or any contract resulting from this
solicitation and the utilization of the County contract price and the terms and conditions
identified herein.
Vendors shall be required to famish the attached Quarterly Surcharge Payment Report in
a timely manner. Quarterly reports and all applicable payments must be submitted to
Department of Procurement Management (DPM)/Administrative and Fiscal Division, no
later than 15 days after the end of each quarter, regardless of the value of sales during the
preceding quarter.
By submission of these sales summary reports and corresponding surcharge fees, the
vendor is attesting to their correctness. All such reports and fees shall be subject to audit
by Miami -Dade County.
Failure to submit the following Quarterly Surcharge Payment Report and make
applicable payments in a timely manner, may result in termination or cancellation of
contract with the non -conforming vendor and any and all remedies relating to the
collection of such fees shall be enforceable. Additionally, any re -procurement charges
may be charged to the vendor in default. Willful failure or falsification of sales reports or
failing to make timely payments of the surcharge fee shall constitute sufficient cause for
terminating the contract for cause of the non -conforming vendor.
02- 142
MIAMI -DARE COUNTY
CITY OF BOCA RATON
Att: Carol Thomas,
Purchasing Manager
201 W Palmetto Park Rd
Boca Raton, FL 33432
(407)39377876
CITY OF MIAMI SPRINGS
Att: John M. Benson
201 Westward Drive
Miami Springs, FL 33166
(954) 885-4581
BID NO.: 6050 -2104 -OTR -CW
CITY OF POMPANO BEACH
Att: Ernie Siegrist,
General Servs. Director
P.O. Drawer 1300
Pompano Beach, FL 33061
(954) 786-4098
CITY OF SUNNY ISLES BEACH
ATTN: Charlene Coletta
17070 Collins Ave., Suite 250
Sunny isles Beach, FL 33160
(305) 947-0606
2.22 ACCIDENT TION AND REGULATIONS:
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.
2.23 ADDITIONAL FACILITIES MAY BE ADDED
Although this Solicitation identifies specific facilities to be serviced, it is hereby agreed
and understood that any County department or agency facility may be added to this
contract at the option ofthe uotes for these successful sunder
these new facili ie.. If thee quotes are comparable
invited to submit pace q
with prices offered for similar services, the award(s) shall be made to the lowest
responsible bidder(s) meeting specifications in the best interest of the County and a
separate purchase order shall be issued by the County. Notwithstanding, the successful
bidder does not have an exclusive right to these additional sites. The County may
determine to obtain price quotes for the additional facilities from other bidders in the
event the County does not find the price quotes comparable.
2.24 CL�UP
All unusable materials and debris shall be removed from the premises. At completion,
the successful bidder shall thoroughly clean up all areas where work has been involved as
mutually agreed with the Department Project Manager.
02- 142
MIAMI-DADE COUNTY BID NO.: 6050 -2/04 -OTR -CW
2.25 COMPLIANCE WITH FEDERAL STANDARDS
All items to be purchased under this bid shall be in accordance with all governmental
standards, to include, but not limited to, those issued by the Occupational Safety and
Health Administration (OSHA),the National Institute of Occupational Safety Hazards
(NIOSH), and the National Fire Protection Association (NFPA). '
2.26 DELETION OF FACILITIES
Although this Solicitation identifies specific facilities to be serviced, it is hereby agreed
and understood that any County department or agency may delete service for any
facility(ies) when such service is no longer required during the contract period; upon
fourteen (14) calendar days written notice to the successful bidder.
2.27 EMERGENCY SERVICES
The successful bidder shall provide 24 hours, 7 days a week Emergency Service to the
County under the contract. During regular working hours (Monday through Friday, 8:
A.M. to 5:00 P.M.) Emergency Service response time shall be within two (2) hours after
notification by the County. During other than regular 'working hours, the emergency
response time shall be within four (4) hours after notification by the County (except Fire
Department).
The Minimum Emergency Service charge shall be four (4) hours per person. If the total
coast of the repair for any service assignment, including labor and materials, is estimated
by the Service Technician to be over $300.00, a written report of the problem, with
correcting recommendations, shall be submitted to the affected County Department. In
this case repair work shall not proceed until approval by the County Department has been
received.
FIRE DEPARTMENT ONLY
ALL SERVICE RESPONSES ARE AN EMERGENCY AND SHALL BE WITHIN
TWO (2) HOURS. IF EMERGENCY RESPONSE IS NOT WITHIN TWO (2) HOURS,
THE SUCCESSFUL BIDDER SHALL BE CHARGED $135.00 PER HOUR IN
PENALTIES TILL BIDDER'S PERSONNEL ARRIVE.
2.28 HOURLY RATE
The hourly rate quoted shall include full compensation for labor, equipment use, travel
time, and any other cost to the bidder. This rate is assumed to be at straight -tithe for all
labor, except as otherwise noted. The bidder shall comply with minimum wage standards
and any other applicable laws of the State of Florida. If overtime is allowable under this
Bid, it will be covered under a separate item in the special clauses.
02- 142
MIAMI-DADE COUNTY
BID NO.: 6050 -2104 -OTR -CW
2.29 LABOR MATERIALS AND E UIPMENT SHALL BE SUPPLIED BY
BIDDER
Unless otherwise provided in Section 3 of this Solicitation entitled "Technical
Specifications", the Bidder shall furnish all labor, material and equipment necessary for
satisfactory contract performance. When not specifically identified in the technical
specifications, such materials and equipment shall be of a suitable type and grade for the
purpose. All material, workmanship, and equipment shall be subject to the inspection
and approval of the County's Project Manager.
2.30 LICENSES PERMITS AND FEES
The bidder shall obtain and pay for all licenses, permits and inspection fees required for
this project; and shall comply with all laws, ordinances, regulations and b illing and or
code
requirements applicable to the work contemplated herein. Damages, penalties
fines imposed on the County or the bidder for failure to obtain required licenses, permits
or fines shall be borne by the bidder.
2.31 LIMITATION OF CONTRACT SHALL BE $25,000 PER PROJECT
Although the purpose of this Solicitation is to secure a contract that can satisfy the total
needs of the County or of a specific County agency, it is hereby agreed and understood
that this Solicitation does not constitute the exclusive rights of the successful Bidder(s) to
receive all orders that may be generated by the County in conjunction with this
Solicitation. It is hereby agreed and understood that, in accordance with Dade County
Resolution #120-83, any trades assistance work project exceeding $25,000.00 must be
bid separately and cannot be incorporated under the terms and conditions of this
Solicitation.
2.32 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A WOKK
ORDER:
The Bidder shall neither commence any work nor enter a County work premise until a
Work Order directing the Bidder to proceed with various items of work has been
received from any authorized County representative; provided however, that such
notification shall be superseded by any emergency work that may be specified in the
Special or Technical Specifications.
2.33 OVERTIME:
The County shall allow overtime payment
maximum
Propo al Fa one
Ths This ance shall ll
times the
regular hourly wages quoted by the bidder m t Bid
only be provided in those instances where expressly
oeprertim authorized ork. Further,a representovertime awork shall
tive of the
County prior to the commencement of the
not be allowed during the normal work day. 02— 14t2
MIAMI-DADE COUNTY BID NO.: 16050 -2/04 -OTR -CW
2.34 REPORTING ARRIVAL/DEPARTURE
Vendor Personnel shall report arrival to and departure from the job site to the -County
Project Manager or designated representative.
2.35 WORK ACCEPTANCE
This project will be inspected by an authorized representative of the County. This
inspection shall be performed to determine acceptance of work, appropriate invoicing,
and warranty conditions.
2.36 WORK ORDERS SHALL BE GENERATED FOR EACH PROJECT
The County's authorized representative shall generate and issue a Work Order for each
project to be performecwnder this Solicitation and subsequent Contract. The Work Order
shall include the location, description and plans, if necessary, covering the scope of work
to be completed. The Work Order shall also include a cost estimate calculated by the
County for the work listed on the Work Order. This estimate shall be based on the prices
total on the Bidder's Proposal. For purposes of identification and payment, the Work
Order shall be numbered and dated. The preliminary Work Order describing the
description of work and cost estimates shall be issued to Bidder(s) which have been
qualified to perform work under this Solicitation. The Bidder(s) shall be required to
supply the County's authorized representative with a written price proposal within a time
frame specified by the County. If multiple Bidders are solicited, the County shall select
the lowest price proposal; provided that the price proposal does not exceed the dollar
estimate calculated by the County. If a single Bidder is solicited, the price proposal shall
be accepted; provided that the price proposal does not exceed the dollar estimate
calculated by the County. The selected Bidder's name shall then be entered on the Work
Order and issued to the Bidder. The Work Order shall also direct the Bidder to
commence work on a certain day and it shall specify the amount of time allotted for
completion of work covered by the Work Order. All work covered by a Work Order
shall constitute a Contract Schedule.
02- 142
MIAMI-DADE COUNTY BID NO.: 6950 -2/04 -OTR -CW
SECTION 3.0 TECHNICAL SPECIFICATIONS
3.1 PARTS
ccessories necessary to perform complete repair service.
A. Furnish all parts and a
B. All parts required shall be genuine
be;nt5servias ced (or approve ufactured and distributed
equal) ted by the
manufacturer of the roll -up do g
3,2 LUBRICANTS
The lubricants used shall comply with the specifications for lubricants recommended
e
equipment manufacturer for the particular device to be repaired. Oils and greases shall
of approved manufacture.
A
3.3 SCOPE ce Service to
Successful bidder shall furnish complete tPhe Seaport reventative Mamaen
went County owned or
Doors as specified in the bid proposal
leased buildings.
The purpose of this contract is to put into operation a continuing system of preventive
at;c scheduled preventive service and damage
maintenance to provide necessary system
repair for all of the roll -up doors at the Port of Miami.
3.4 PREVENTATIVE MAINTENANCE SERVICE
nder
uch
The contractor shall inspect each necessary,
ec ss ry, every
six clean months
and ubricateeparts sand
- tentative maintenance care as nece ary,
in proper and safe operating Condit;ons. The
.l, �janism) to keep the equipment
.,,tractor shall specifically:
A. Run each door up and down while inspecting gears, chains, and other moving parts
for free operation and possible damage.
B. Inspect curtain guides for dents and obstruction.
C. Inspect curtain slates for dents and holes.
D. Inspect and, if necessary, adjust the torsion of the counter balance spring.
E. Inspect and, if necessary, apply.more lubrication to gears and other moving parts.
F, Fill out and submit to the County a "Service Needed".
G perform all work including examination, cleaning, adjustment, lubrication, repairs
and replacement dunng regular working days. 02— 14 2
MIAMI -DARE COUNTY BID NO: 6050 -2/04 -OTR -CW
EMERGENCY REPAIRS (FIRE DEPARTMENT)
3.5 SCOPE
Provide full emergency repair and damage repair service to roll -up doors with a two (2)
hour response time for the Fire Department.
3.6 PROCEDURES UPON ARRIVAL
An immediate assessment of the problem encountered must be communicated to Fire
Rescue within 1/2 hour of arrival at site. If an immediate repair is not possible, an
accurate projection of expected completion time must be relayed to Fire Rescue.
The successful bidder shall be required to submit a written estimate on each job if the
cost of repairs shall exceed $300.00. The estimate shall be based on the requirements of
labor hours for each classification (mechanic, helper), parts and material, etc. for a
specific repair job. Estimates shall be broken down by hours per mechanic and helper and
a separate price for parts and materials. Date and time of completion of repairs shall be
included. Lump sum estimates shall not be accepted.
When an immediate repair is not possible, the overhead door must be secured in the down
position or to the greatest extent practical in order to protect the integrity of the facility,
its occupants and contents.
Repairs that take more than 24 hours to perform must be justified. Long duration jobs (24
hours +) in which the door cannot be lowered and the building secured will require
personnel to safeguard the facility. These extraordinary expenses shall be borne by the
successful bidder.
In the event that a repair takes more than 24 hours to complete, twice daily progress
reports by the successful bidder will be required. Status calls should be spaced (i.e. A.M.
and P.M.) and an expected completion time refined at each report.
If job completion extends beyond 96 hours without the departments approval, Fire
Rescue reserves the right to discharge the successful bidder and secure three (3)
competitive bids awarding the job to another vendor. Successful bidder shall be liable for
re -procurement charges.
EMERGENCY REPAIRS (OTHER DEPARTMENTS)
3.5 SCOPE
Provide full emergency repair and damage repair service to roll -up doors with a four (4)
hour response time for the Department.
3.6 PROCEDURES UPON ARRIVAL
An immediate assessment of the problem encountered must be communicated to the
Department within 1/2 hour of arrival at site. If an immediate repair is not possible, an
_ accurate projection of expected completion time must be relayed to the Department.
The successful bidder shall be required to submit a written estimate on each job if the
02- 142
MIAMI-DADE COUNTY BID NO.: 5050 -2104 -OTR -CW
cost of repairs shall exceed $300.00. The estimate shall be base o the requirements
e uiretc.ment ra o
labor hours for each classification (mechanic, helper), partsand
specific repair job. Estimates shall be broken down by hours per mechanic. and helper
and a separate price for parts and materials. Date and time of completion of repairs shall
be included. Lump sum estimates shall not be accepted.
When an immediate repair is not possible, the overhead door must be secured in the down
position or to the greatest extent practical in order to protect the integrity of •the facility,
its occupants and contents.
Repairs that take more than 24 hours to perform must be justified. Long duration jobs (24
hours +) in which the door cannot be lowered and the building secured will require
personnel to safeguard the facility. These extraordinary expenses shall be borne by the
successful bidder.
In the event that a repair takes more than 24 hours to complete, twice daily progress
reports by the successful bidder will be required. Status calls should be spaced (i.e. A.M.
and P.M.) and an expected completion time refined at each report.
If job completion extends beyond -96 hours without the departments approval, Fire
Rescue reserves the right to discharge the successful bidder and secure three (3)
competitive bids awarding the job to another vendor. Successful bidder shall be liable for
re -procurement charges.
3.7 INVENTORY
The following inventory of parts
shall be required of the successful bidder within thirty
(30)
days of award, and maintained during the contract term. Fire Department shall
purchase remaining inventory from the bidder at the end of contract.
4 2)
(12)
#1 hinge
#2 hinge
(2) Trolley arms
(1) Motor/Controller (entire assembly)
(12)
#3 hinge
(12) Linear single button remote transmitters
(12)
#4 hinge
(6) Linear double button remote transmitters
(12)
(12)
#5 hinge
#6 hinge
(6) Linear receivers
(1) Sectional panel door (consists of 7 panels)
(12) #7 hinge
(24) Long stem rollers
(24) Short stem rollers
Page 19
02- 142