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HomeMy WebLinkAboutR-02-0724J-02-562 6/27/02 RESOLUTION NO. 02— `24 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT AND INSTALLATION OF PLAYGROUND AND PARK EQUIPMENT AT VARIOUS CITY PARKS FOR THE DEPARTMENT OF PARKS AND RECREATION FROM HUNTER KNEPSHIELD COMPANY, CONTRACT CONNECTION, INC. AND LEADEX CORP. UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 4907 -2/03 -OTR -SW, EFFECTIVE THROUGH FEBRUARY 28, 2003, AND ANY EXTENSIONS, IN AN AGGREGATE AMOUNT NOT TO EXCEED $872,598; ALLOCATING FUNDS FROM THE SAFE NEIGHBORHOOD PARK BOND PROGRAM AND CITY OF MIAMI PROGRAM FOR PERSONS WITH DISABILITIES MIAMI-DADE COUNTY, OFFICE OF AMERICANS WITH DISABILITIES ACT ("ADA") COORDINATION GRANT FUND, AS APPROPRIATED FOR CAPITAL IMPROVEMENT PROJECTS IN SECTION VI OF ORDINANCE NO. 11705, AS AMENDED. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI FLORIDA: Section 1. The procurement and installation of playground and park equipment at various City parks for the Department of Parks and Recreation from Hunter Knepshield Company, Contract Connection, Inc. and Leadex Corp., under existing Miami -Dade County Contract No. 4907 -2/03 -OTR -SW, effective through February 28, 2003, and any extensions, in an My cowers N NEETUM 01F JUN 2 7 2002 R (2- 724 aggregate amount not to exceed $872,598, is approved, with funds allocated from the Safe Neighborhood Park Bond Program and City of Miami Program for Persons with Disabilities Miami -Dade County, Office of Americans with Disabilities Act ("ADA") Coordination Grant Fund, as appropriated for Capital Improvement Projects in Section VI of Ordinance No. 11705, as amended. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!' PASSED AND ADOPTED this 27th day of June , 2002. ATTEST: PRISCILLA A. THOMPS014 CITY CLERK APPROVED AS,,T6/1F�RM AND CORRECTNESS !JAI nR I LARELLO TY ATTORNEY W6_2$7:tr:AS:BSS 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 n _ 7 :a CITY OF MIAMI, FLORIDA CA=2 INTER-OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE: UN U 18 2,9Q2 FILE: of the City Commission 'I SUBJECT: Authorizing the Purchase and Installation of Playground and Park FROM: / REFERENCES : Equipment at Various Carlos A. Gimenez ENCLOSURES..Cit Parks y City Manager RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the purchase and installation of playground and park equipment at various City parks from Hunter Knepshield Company, P.O. Box 499 La Grange, Kentucky; Contract Connection, Inc. P.O. Box 848254, Pembroke Pines, both non -minority contractors; and Leadex Corp., 4731 S.W. 75 Avenue, Miami, a minority contractor, under existing Miami -Dade County Contract No. 4907 -2/03 -OTR -SW for the Department of Parks and Recreation in an amount not to exceed $772,598, allocating funds therefore from the Safe Neighborhood Park Bond Program and a Special Revenue Fund entitled City of Miami Program for Persons with Disabilities Miami -Dade County, Office of Americans with Disabilities Act ("ADA") Coordination Grant Fund, as appropriated for Capital Improvement Projects in Section VI of the City's General Appropriations Ordinance No. 11705, as amended. BACKGROUND: The City of Miami Parks and Recreation Department has received Safe Neighborhood Park Bond Program (SNPB) funds and a Special Revenue Fund entitled City of Miami Program for Persons with Disabilities Miami -Dade County, Office of Americans with Disabilities Act ("ADA") Coordination Grant Fund, for the purchase and installation of playground equipment and park furnishings at various city parks. In an effort to expedite the completion of these capital improvement projects, the city seeks to utilize Miami -Dade County Contract No. 4907 -2/03 -OTR -SW in an amount not to exceed $772,598. 02- 724 Honorable Mayor and Members of the City Commission Page 2 of 2 The Departments of Purchasing and Parks and Recreation have realized substantial savings in time, advertising, and administrative cost utilizing Miami -Dade County Contracts for the aforesaid services. It is, therefore, recommended that an award be made to Hunter Knepshield Company, Contract Connection, Inc., and Leadex Corp., as the responsible and responsive vendors awarded under existing Miami -Dade County Contract No. 4907 -2/03 -OTR -SW for the purchase and installation of playground equipment and park furnishings at various city parks in the estimated amounts indicated below: Park Name CIP Number Amount Funding Source Armbrister Park 331342 $17,000 SNPB Curtis Park 333113 $87,089 SNPB Dorsey Park 331357 $49,462 SNPB Douglas Park 333102 $100,000 SNPB Eaton Park L 331361 $9,580 SNPB Fern Isle 333103 $26,661 SNPB Gibson Park 331341 $100,000 SNPB Grapeland Park 331310 $10,000 SNPB Kinloch Park 332174 $28,806 ADA Grant 332174 44,000 SNPB Maceo Park 333114 $250,000 SNPB Roberto Clemente Park 331056 $50,000 SNPB TOTAL AMOUNT: $772,598 FISCAL IMPACT: NONE - GRANT FUNDED CAG/FKR/AR/sYi Budgetary Impact Analysis I. Department: Parks and Recreation Division: Administration - Capital Improvement 2. Agenda Item # (if available) 3. Title and brief description of legislation or attach ordinance/resolution: Resolution avnroving the purchase of play ound equipment and park fumishings at various City parks (Armbrister, Curtis. Dorsey, Douglas, Eaton, Fern Isle Gibson Grapeland Kinloch Maceo and Clemente) in an amount not to exceed $785.509. 4. Is this item related to revenue? NO: X YES (If yes, skip to item #7.) 5. Are there sufficient funds in Line Item? YES: X Index Code 331342.589305 Index Code 333113.589305 Index Code 333102.589305 Index Code 331361.589305 Index Code 331341.589305 Index Code 331310.589305 Index Code 332174.589301 Index Code 332174.589305 Index Code 333114.589305 Index Code 331056.589305 NO: X Complete the following questions: Minor Obj. Code 860 Amount $17,000 Minor Obj. Code 860 Amount $87,089 Minor Obj. Code 860 Amount $100,000 Minor Obj. Code 860 Amount $9,580 Minor Obj. Code 860 Amount $100,000 Minor Obj. Code 860 Amount $10,000 Minor Obj. Code 860 Amount $28,806 Minor Obj. Code 860 Amount $44,000 Minor Obj. Code 860 Amount $250,000 Minor Obj. Code 860 Amount $50,000 6. Source of funds: Amount budgeted in the Line Item $127,350 Amount budgeted in Line Item $222,710 Balance in Line Item $51,352* Balance in Line Item $15,133 Amount needed in the Line Item $49,462 Amount needed in the Line Item $26.661 Sufficient funds will be transferred from the following line items: ACTION ACCOUNT NUMBER ACCOUNT NAME TOTAL Department of Management and Budget Director/Designee Date S/Z 9I d L Index/Minor Object/Project No. Budget Analyst Date 02- 724 From 589305.840.331357 SNPB-Dorsey-New Equipment $20,050 To 589305.860.331357 SNPB-Dorsey-Construction In Progress $20,050 From 589305.840.333103 SNPB-Fern Isle -New Equipment $17,539 To 589305.860.333103 SNPB-Fem Isle -Construction In Progress $17,539 7. Any additional comments? *$11,200 of the $51,352 balance in the line item is ear -marked in another resolution for sport court refurbishment 8. Approved by: XA D artment Directorgnee Z r ` Date FOWDEPARTMENT OF MANAGEMENT AND BUDGET USE ONLY Verified by: Verified by: Transfer done by: Department of Management and Budget Director/Designee Date S/Z 9I d L Budget Analyst Date Budget Analyst Date 02- 724 Budgetary Impact Analysis 1. 17cpart rM: anti Recmdon Division: jiatrxtkin - Cnaitat irusmvernent 2, AVndti Item # (if evadable), Transfer done by: Dolmrtment ofMal3apnient and Audgm 3. Tige erid brief deftptien of lagieletion or attach 44in-ance/resolution: Budget Analyst $a+aftadonvin tic: rsumtisxc 4f g18Ygr nrn�i uin� nx t and park fu fe insa at varicx�s Cit yam, 0w6 1 t n. F ie, Gibson. awwand, inlimb. Mncen, snd Clairicntcl S285.5t19, i�_n on atngunt flof M tatouxd 4, Is this item fth ted to revenue? NO: X YF.S (Ifycs sii:ip to Item 07.) 5. Are theft sufRctcnt funds in Line Item? YHS:..X _ Index Code. 33134238.05 Minor Obj. Code 460 Amount S 17." Indox C:nde 333 i 3. 3 Minor Obj. Code _M0 Arwwt gs7.ox9 Index Cvdc X33102.8 0 j Minor Ohj. Code ,a— Amount 8100.OUQ Index Code 33136LI09DL Minor Obj. Codd 860 ArmuM L%= Indcx Code 33134L511005 Minor Obj. Code $K-- Amount ,OM Index Ctxic 3 310.189905 Minor Obj. C rile �� Amount1S 0_000 index Oxic 3321 4.5e9301 Minor Obj, Code W _ Amount S2K.6% Index Qwk- 33217A.5MOS Minor Obj. Code 860 514, index Gods 333114,189305 Mirror Obi. Codc -W- Amount S250,000 Index Cndc 33105629305 Minur Obj. Codc „ 860 Amount SSO-000 Nd: _ Compkie the fol/owlrg quesdans: 6, Sourcc of thuds: Amount budgctvd in the Liao Item 1:127,30 Amount budgeted in Linc Item S222.710 I}aJance in Line Item Ssl* Balance in Line itun 815,133 Amount ncoded in the Linc Item $49.462 Ameunt needed in the Line Item Sufficient funds will be tratwlbrml from the following line itema: 7. Any #dditionel cominonW! ^3 i I JN, sof the 551352 baltace 2n the Iine iI-= is,ear-marked in S. AMrovod by. - 1 0 I L.ml)? Fa 3 DOPAttOF MANAt;LrM>FNT AND SUR= UU vNLY Verified by: Verified by: Transfer done by: Dolmrtment ofMal3apnient and Audgm Budget Analyst Budget Analyst Dirwtor/Dcsignee T)w _... 11 Vote �. �. Date,,. o 2 — -12) 4 f CONTRACT AWARD SHEET DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION BID NO.: 4907-2/03-0TR-S Previous Bid No.: 4907-3/98-2 TITLE: Playground And Park Equipment: furnish, deliver and/or install. COMMODITY CODE NO.: 650-12 OTR YEARS: two LIVING WAGE APPLIES: ❑ YES ® NO CONTRACT PERIOD: 03/01/01 through 02/28/2003 AWARD BASED ON MEASURES: ❑ YES ® NO ® SP.PROCURENTy':-*' 1GENT: EDGAR INNISS ❑ PROCUREMENT AGENT: Betty Thompson ❑ PROCUREMENT TECHNICI.4N: Beverly Thomas -Myers PHONE: 305_3754260 ❑ Set Aside ❑ Bid Preference ❑ Goal ❑ BBE ❑ HBE ❑ WBE Owned Firms ❑ Local Preference ❑ CSBE Level ❑ Prevailing Wages (Reno. 90-143) ❑ Living Wage PART #1: VENDOR AWARDED F.E.LN.: VENDOR: STREET: CITY/STATE/ZIP: F.O.B. TERMS: PAYMENT TERMS: DELIVERY: TOLL FREE PHONE # PHONE: FAX: E-MAIL: CONTACT PERSON: 650170950 01 LEADEX CORP 4731 SW 75 AVE MIAMI, FLORIDA 33155 DESTINATION NET 30 AS NEEDED NIA 305 266-2028 305 264-5350 N/A FRANK FONSECA DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 02— 724 1 LWAAD safraK Rm"wd OW19 oo F.E.LN.: 720768130 01 VENDOR: NO FAULT INDUSTRIES INC STREET: 11325 PENNYWOOD AVE CITY/STATEIZIP: BATON ROUGE, LA 70509 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 - DELIVERY: AS NEEDED TOLL FREE PHONE # 800-232-7766 PHONE: 225 293-7760 FAX: 225 291-3821 E-MAIL: N/A CONTACT PERSON: DAVID BRANTLEY VP F.E.LN.: 610668607 01 VENDOR: HUNTER KNEPSHIELD COMPANY STREET: PO BOX 499 CITY/STATE/ZIP: LAGRANGE, KY 40031 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DELIVERY: AS NEEDED TOLL FREE PHONE # 800-626-6530 PHONE: 502 225-9121 FAX: 402 225-9335 E-MAIL: PLAYORRDO UGLOU.COM CONTACT PERSON: TOM KNEPSHIELD F.E.LN.: 650108496 01 VENDOR: CONTRACT CONNECTION INC STREET: PO. BOX 848254 CITY/STATEIZIP: PEMBROKE PINES, FL 330848496 F.O.B. TERMS: DESTINNATION PAYMENT TERMS: NET 30 DELIVERY: AS NEEDED TOLL FREE PHONE # 800 432-2283 PHONE: 954 925-08M FAX: 954 925-0800 E-MAIL: CONTRACT20MOL.COM CONTACT PERSON: MICHAEL KROHN II DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DMSION 2 02- � R^-40WOWI* o a PART #2: ITEMS AWARDED SEE ATTACHED PART #3: AWARD INFORMATION ® BCC ❑ PMD AWARD DATE: 01/25/01 BIDS & CONTRACTS RELEASE DATE: 02/02/2001 ADDITIONAL ITEMS ALLOWED: YES SPECIAL CONDITIONS: TYPE 10 INSURANCE TOTAL CONTRACT VALUE: S 10, 219, 000.00 AGENDA ITEM #: 6N3B (003232) OTR YEAR: N/A USER DEPARTMENT(S) DOLLAR ALLOCATED USER DEPARTMENT(S) DOLLAR ALLOCATED PARKS S 9,290.000. 00 S S S S S S S DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 3 AWARD SHEET.doc Rmsed 09II9= 02- 724 k + BID NO: 4907 -^'r)3 -OTR -SW OPENING: 2:00 P.M. DATE: July 14, 1999 MIAMI-DADE COUNTY, FLORIDA INVITATION TO BID TITLE PLAYGROUND AND PARK EQUIPMENT, FURNISH, DELIVER AND/OR INSTALL FOR THE PARK AND RECREATION DEPARTMENT FOR A PERIOD OF TWO(2) YEARS WITH COUNTY OPTION TO RENEW FOR TWO(2) ADDITIONAL YEARS ON A YEAR BY YEAR BASIS. THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW: AFFIDAVITS: BID DEPOSIT AND PERFORMANCE BOND: CATALOGUE AND LISTS: EQUIPMENT LIST: INDENNIFICATION/INSURANCE: PRE-BID CONFERENCE/WALK-THRU RACE -CONSCIOUSNESS MEASURE: SAMPLES/INFORMATION SHEETS: SITE VISIT/AFFIDAVIT: SOURCE OF SUPPLY: TRADE CERTIFICATION: WRITTEN WARRANTY: FAIR SUBCONTRACTING PRACTICES: LISTING OF SUBCONTRACTORS & SUPPLIERS SURCHARGE FEE: See Appendix Sect.1 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A See Appendix Sect.1 N/A See Sect.2.0 Para. 2.21 FOR INFORMATION CONTACT: EDGAR INNISS, CPPB (305) 375-4260 MIAMI-DADE COUNTY GENERAL SERVICES ADMINISTRATION PROCUREMENT MANAGEMENT DIVISION 02- MIAMI -DADS COL Y 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) WILL BE OPENED PROMPTLY AT THE TIME AND PLACE SPECIFIED. BIDS (PROPOSALS) RECEIVED AFTER THE FIRST BID (PROPOSAL) HAS BEEN OPENED WILL NOT BE OPENED AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING A BID (PROPOSAL) 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 bid 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 deaVhard of hearing. If you require information in an alternate format please call 305-375-5278. SECTION I 02- 724 MIAMI-DADE CO' 'TY 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 the GSA Procurement Management Division. The term "GSA" shall refer to Miami -Dade County's General Services Administration Department. 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. B. Additional Information/Addenda (1) Request for additional information, explanation, clarification or interpretation must be made in writing to GSA Procurement Management 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`h Floor, Suite 202, Miami, Florida. The request shall be received no later than fourteen (14) working days prior to the bid opening date. Any request received after that time may not be reviewed for inclusion in this bid II o2- 7,1 a MIAMI -DARE COU Y 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. This 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 RESPECTIVE 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 Thi BOA,. -u, 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) GSA Procurement Management 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. (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 III 02- 724 I MIAMI-DADE COL' - "Y 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 t:ie payc„Cnt tci,as will be 2% 20 days, effective after receipt of invoice or final acceptance, whichever is later. 1.3 PREPARATION AND SUBMISSION OF BID A. Preparation/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 all corrections made by the bidder will be initialed in ink by the authorized agent. The use of pencil or erasable ink or failure to comply with any of the foregoing may result in the rejection of the bid. (3) Where there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. (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 MIAMI-DADE COV 'Y 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 materials and/or supplies are not manufactured by the bidder, 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. B. Vendor Registration V 02-- "744 MIAMI-DADE COU 'Y The County requires the bidder to complete a registration application including the required disclosure affidavits with GSA Procurement Management Division. 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) Cuba Affidavit Pursuant to County Resolution No. 656-93, the bidder shall certify that neither the firm (individual, organization, corporation, etc.) submitting this bid proposal or receiving this contract award nor any of its owners, subsidiaries, or affiliated or related firms, are in violation of the Cuba Democracy Act of 1992. (2) Disclosure of Employment Affidavit Pursuant to County 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. (3) 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) who 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. (4) Drug -Free Affidavit VI 0 2 MIAMI-DADE COT' 7Y Y Pursuant to County Ordinance No. 92-15, 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. (5) Family Leave Affidavit Pursuant to County Ordinance No.142-91, 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. (6) 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. (7) 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 VII 02- 724 MIAMI-DADE COU Y 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. 95-198, the bidder shall certify that all delinquent and currently due fees, taxes and parking tickets have been paid. To verify or satisfy all delinquencies and currently due fees, taxes and parking tickets, contact the Miami -Dade County Tax Collector's Division at 305-375-5762. (See Appendix - Section 1) F. Conflict of Interest and Code of Ethics Pursuant to County Ordinance No. 98-73 amending Section 2-11.1(s) of the County Code, every lobbyist whom is found to be in violation of this section shall be prohibited from registering as a lobbyist or lobbying in accordance with the following schedule: First violation, for a period of 90 days from the date of determination of violation; Second violation, for a period of one (1) year from the date of determination of violation; Third violation, for a period of five (5) years from the date of determination of violation; The bidder shall be subject to the debarment provisions of Section 10-38 of the County Code as if the bidder were a contractor where the bidder has violated this section, either directly or indirectly or any combination thereof, on three or more occasions. As used herein, a "direct violation" shall mean a violation committed by the bidders and an "indirect violation" shall mean a violation committed by a lobbyist representing said bidder. If this contract is entered into a violation of this section, it shall also render the contract voidable. 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." VIII_ f -I `3 ,n a'�,� MLAMI-DADE CO' TY H. Cuba Affidavit Pursuant to County Resolution Nos., 202-96 and 206-96 as implemented by Administrative Order 3-12, which restricts purchases from a firm conducting business with Cuba, and restricts travel to Cuba by the successful bidder, respectively, the bidder shall be required to complete a Cuba affidavit prior to the award of this bid solicitation. Failure to complete the affidavit, may result in the rejection of the bidder's Proposal and/or rescinding of the recommendation for award. (See Appendix - Section 1) I. 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 neither the bidder, its subcontractors, or their officers, principals or affiliates, are debarred by the County 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 false information can be punished by civil or criminal penalties, or both, as provided for in the law. (See Appendix - Section 1) J. 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 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. IX 02- 724 MIAMI -DARE COU t (2) Pursuant to Ordinance 97-215 Miami -Dade County has established the Office of Inspector General which is required to perform mandatory random audits on all County contracts throughout the duration of each contract. The cost of the audit for this contract shall be '/4 of 1% of the total contract amount which 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 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 X U— T MIAMI -DADS COL' Y 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. K. Minority and Disadvantage: R -.ss 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`h Floor, Miami, FL 33123-1844, Phone: 305-349-5960. L. 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." M. Project Fresh Start -Welfare -to -Work Initiative "In accordance with Resolution R-702-98, all bidders who employ twenty- five (25) or more employees on County contracts for purchase of goods and services resulting in actual payment of $500.000 or more, and all bidders who employ twenty-five (25) or more employees on County or Public Health Trust construction contracts resulting in actual payment of $500,000 or more, shall contribute to Project Fresh Start, the County's welfare -to -work initiative, based on the following scale: XI 02- 724 MIAMI -DARE COL Y I If the entity has a contract with the County that results in actual payment of an amount between $500,000 to $1,000,000, then that entity shall contribute $5,000 to Project Fresh Start; II If the entity has a contract with the County that results in actual payment of an amount between $1,000,001 to $5,000,000, then that entity shall contribute $10,000 to Project Fresh Start; III If the entity has a contract with the County that results in actual payment of an amount between $5,000,001 to $10,000,000, then that entity shall contribute $20,000 to Project Fresh Start; IV If the entity has a contract with the County that results in actual payment over $10,000,001, then that entity shall contribute $25,000 to Project Fresh Start. Resolution R-702-98 applies to all such contracts whether competitively bid by the County or not. Applicable contracts that have received authorization by the Board of County Commissioners to waive formal bidding procedures must also contribute to Project Fresh Start. Resolution R-702-98 does not apply to contracts with governmental entities, contracts with not -for profit organizations, professional service agreements or grant awards. An entity may request a waiver of the requirements of Resolution R-702- 98 if the bidder can demonstrate that five -percent (5%) of the bidder's work force consists of individuals residing in Miami -Dade County and who have lost or who will lose cash assistance benefits (formerly Aid to Families with Dependent Children "AFDC") as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1997." (See Appendix - Section 1) 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. B. Withdrawal of a Bid XII 2 7 214 MIAMI -DARE COL' Y A bid shall be irrevocable unless the bid is withdrawn as provided herein. A bid may be withdrawn only by written letter received by the CLERK OF THE BOARD prior to the bid opening date. 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. The 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. Bidder's Past Performance Pursuant to County Ordinance No. 98-42, the bidder's performance as a prime contractor or subcontractor on previous County contracts shall be taken into account in evaluating the bid proposal received for this bid solicitation. C. 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. D. Waiver of Informalities . The County reserves the right to waive any informalities or irregularities in this bid solicitation. E. Demonstration of Competency XIII 02- 724 MIAMI-DADE COT 'Y (1) A bid will only be considered from a firm which is regularly engaged in the business of providing the goods and/or services required by this bid solicitation. The bidder must be able to demonstrate a good record of performance and have sufficient financial resources, equipment and organization to ensure that they can satisfactorily provide the goods and/or 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 the bidder, including past performance (experience) with the County or any other governmental entity in making the award. (3) The County may require the bidder to show evidence that they have been designated as an authorized representative of a manufacturer, supplier and/or distributor, if required by this bid sol::; -ration. (4) The County 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 sub -contract all or part of its work to another vendor, or will obtain the goods required in conjunction with this contract with another source of supply, the bidder may be required to verify the competency of its subcontractor or supplier. The County reserves the right, before awarding this contract to require the bidder to submit such evidence of its subcontractor as it may deem necessary. F. 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 XIV 0 2 ...e '7'2 4 MIAMI -DARE COL Y Any tie bid will be decided by the Director of Procurement or dasignee, and according to County Resolution 1574-88. 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 GSA Procurement Management 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. F. Warranly Any implied warranty granted under the Uniform Commercial Code shall apply to all goods purchased under this bid solicitation. G. Estimated Ouantities 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 the contract period. The County is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the County's actual needs and/or usage during a previous contract period. Said estimates may be used by the County for purposes of determining the low bidder meeting specifications. H. Non -Exclusive Contract xv o2- 724 MIAMI -DADS CC TY Although the purpose of this bid 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 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 Ordinances Nos. 96- 26, 94-166 and 94-196, and Resolution No. R-50-96; which, except where Federal or State law mandates to the contrary, allow preference to be given to a local business in the amount of one and one-half percent (1.5%) for Miami -Dade County and one percent (I%) for Broward County of the bid proposal price. For the purposes of the applicability of this Ordinance, "local business" means the bidder has its headquarters located in Miami - Dade or Broward Counties or has a place of business located in Miami - Dade or Broward Counties at which it will produce, distribute and/or perform a substantial portion of the goods and/or services to be purchased. 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 RIGHT OF APPEAL Any bidder may protest any recommendation for contract award or rejection of all bids, in accordance with the procedures contained in Sections 2-8.3 and 2-8.4 of the County Code, as amended by, County Ordinances Nos. 95-201 and 95-126, and as established in Administrative Order 3-21. A. Bid Award Recommendation Over $500.000.00 This bid award recommendation will be in writing, signed by the Director of GSA Procurement Management Division or designee and filed with the Clerk of the Board. The bidder shall have ten (10) business days after the filing of an award recommendation to file a written protest with the Clerk of the Board. As a condition of initiating a protest of award recommendation, the bidder shall post at the time of filing a Surety Bond ( cashier's check or money order ) in the amount of5$ 00.00 payable to the XVI ()_ 7 MIAMI-DADE COU Y Board of County Commissioners. Failure to file the proper Bond at the time of filing the protest, will result in denial of the protest. If, the Hearing Examiner's ruling is in favor of the County's recommendation, the bidder's Bond may be forfeited and the County may seek all costs, attorney's and administrative fees. B. Bid Award Recommendation Over $100.000.00 and up to $500,000.00 This bid award recommendation will be posted in the lobby of the Stephen P. Clark Building. It shall be the responsibility of the bidder to monitor such Bulletin Board after the bid opening to ascertain that a recommendation for award has been made. Bid award recommendations are posted by 9:00 A.M., every Monday. In addition, the bidder can call the bid Award Recommendation Line at 305-375-4724 or (800) 510- 4724, or contact the person identified on the cover page of this bid solicitation. The bidder shall have five (5) business days after the posting of an award recommendation to file a written protest with the General Services Administration, Procurement Manaeement Division. The bidder shall post at the time of filing, a Surety Bond ( cashier's check or money order ) in the amount of $500.00 payable to the Board of County Commissioners. Failure to submit the proper Bond at the time of filing the protest, will result in denial of' the protest. If, the County Manager, or designee, upholds the recommendation of the contracting department, the bidder's Bond may be forfeited and the County may seek all costs, attorney's and administrative fees. 1.8 CONTRACTUAL OBLIGATIONS A. Rules, Rezulations, 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 XVII 02-- 724 MIAMI -DADS COUl I 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. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance wish 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 Packaging (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) (2) 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 standard manufacturer's warranty may be superseded by the Special Conditions. D. Subcontracting (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 XVIII MIAMI -DARE COI 1'Y 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 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 the 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 XIX 02-- 724 MIAMI -DARE COT 7Y 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 LISTING MUST EXPRESSLY STATE NO SUBCONTRACTORS, OR SUPPLIERS, AS THE CASE MAY BE, WILL BE USED ON THE CONTRACT. TIMELY SUBMISSION OF A PROPERLY COMPLETED AND SIGNED "SUBCONTRACTOR/SUPPLIER 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 in which 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 XX o2,_. 4'x,4 MIAMI-DADE COI fY 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) 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. Emvlovee 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 xxl 02- 724 MIAMI-DADE COU Y 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 satisfaction of the County, which is damaged by reason of the successful bidder's operation on County property. 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 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 XXII t)�_. MIAMI -DARE COL Y 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 obligations with the county through fraud, misrepresentation or material misstatement, the county shall, whenever practicable, terminate the contract. The county as a finther 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 (5) 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. xXIII 02- '7 2 4 MIAMI BADE COUNTY 2.1 2.2 2.3 2.4 2.5 2.6 BID NO. 4907 -2/03 -OTR -SW SECTION 2.0 SPECIAL CONDITIONS PLAYGROUND AND PARK EQUIPMENT (FURNISH, DELIVER AND INSTALL) PURPOSE: TO ESTABLISH A CONTRACT FOR A COUNTY DEPARTMENT The purpose of this Invitation to Bid is to establish a contract for the purchase of Playground and Park Equipment in conjunction with the needs of Dade County's Park and Recreation on an as needed when needed basis. Intentionally Omitted Intentionally Omitted TERM OF CONTRACT: FIXED PERIOD (Twenty Four Months) This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, unless otherwise stipulated in the Notice of Award Letter which is distributed by the County's GSA Procurement Management Division; and contingent upon the completion and submittal of all required bid documents. The contract shall remain in effect for twenty four (24) months and upon completion of the expressed and/or implied warranty periods. OPTION TO RENEW TWO (2) YEARS (Maintain Same Discounts) Dade County shall have the option to renew this contract for an additional two (2) years on a year-to-year basis provided the bidder will maintain the same discount(s) from manufacturer's published price 11st(s). 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 sucessful bidder in defaultand affect it's eligibility for future contracts. NOTE: SHOULD THE COUNTY EXERCISE THE OPTION TO RENEW, IT SHALL BE ONLY FOR THOSE ITEMS ORIGINALLY AWARDED. METHOD OF AWARD: LOWEST PRICES BASED ON PERCENTAGE DISCOUNT OFFERED /Award of this contract will be made to all responsive, responsible bidder(s) who offers the lowest prices when the percentage discount offered by the bidder is compared against prices listed in the manufacturer's and distributor's price lists for selected items exclusive of the options. Accordingly, the bidder must submit its manufacturer's and distributor's price lists with the bid proposal in order to be considered eligible for award. This requirement supersedes any other Special Condition in this Bid Solicitation which may allow the bidder to submit price lists during the bid evaluation Page 1 02— 724 MIAMI DADE COUNTY 2.7 2.8 2.9 BID N0. 4907 -2/03 -OTR -SW period. These price lists must be common to, and accepted by, the industry in general. PRICES SHALL BE BASED ON DISCOUNTS FROM PUBLISHED PRICE LISTS Bids shall be submitted on the basis of a discount from a manufacturer's and distributor's Published Price List(s). Such Published Price List(s) must be common to, and accepted by, the industry in general. The lists must be printed, properly identified, and dated as to issuance and effectiveness. Revised Published Price Lists may adjustments. However, all bids are calendar days after award and Revised by the County until after that date. will be accepted only in the event o as evidenced by the issuance of manufacturer. be used as a means of price to be firm for a period of 365 Price Lists will not be accepted Revised Published Price Lists F an industry -wide price change, revised price lists by the Revised prices will not become effective until revised list(s) are submitted to the County's Procurement Management Division under the bidder's cover letter identifying the applicable contract agreement number and approved by the County through the issuance of a Memorandum of Understanding to the bidder. Intentionally Omitted Intentionally Omitted 2.10 Intentionally Omitted 2.11 INDEMNIFICATION AND INSURANCE - (10) - SERVICE REQUIRING PRODUCTS 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 attorney's 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. The vendor shall furnish to Bid Section, Metropolitan Dade County, c/o Procurement Management Division, 111 N.W. 1 Street, Suite 2350, Miami, Florida 33128-1989, Certificate(s) of Insurance which indicate that Page 2 f � 2_ 4 4d MIAMI DADE COUNTY BID NO. 4907 -2/03 -OTR -SW Insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Public Liability - this policy shall be endorsed to include products & completed operations liability insurance on a comprehensive basis in an amount not less than $300,000 combined single limit "per occurrence for bodily injury and property damage. Dade County must be shown as an additional insured with respect to this coverage.. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not •less than $300,000 combined single limit per occurrence for bodily injury and property damage. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the vendor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best 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 of All Insurance Companies Authorized or Approved to Do Business in Florida", issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written notice to the certificate holder. NOTE: DADE COUNTY BID NUMBER AND TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. 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 ;nsurance 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 Page 3 02— 724 MIAMI DADE COUNTY BID NO. 4907 -2/U3 -OTR -SW 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 METHOD OF PAYMENT NO. 1: PERI PLAYGROUND EOUIPMENT DELIV A. The successful bidder(s) shall submit an invoice(s) to the County using department(s) that requested the items through a purchase order. The invoices shall reference the appropriate purchase order number, the delivery address, and the corresponding delivery ticket number or packing slip number that was signed by an authorized representative of the County department when the items were delivered and accepted. The periodic invoices shall not exceed thirty (30) calendar days from the delivery of the items. Under no circumstances shall the invoices be submitted to the County in advance of the delivery and acceptance of the items. METHOD OF PAYMENT NO. 2: LUMP SUM PAYMENT AFTER WORK IS COMPLETED (W HisTvF nF DFLIVERY AND INSTALLATION) B. Upon completion and acceptance of the work required in conjunction with this contract, the successful bidder(s) shall submit one lump sum invoice that reflects the total value of the project. This invoice shall be submitted to the County using department(s) that accessed the contract through a purchase order. The invoice shall reflect the appropriate purchase order number, the address of the work place, and all itemized material and labor costs; if applicable. o2 Page 4 MIAMI DADE COUNTY BID NO. 4907-2/uS-OTR-SW 2.14 SHIPPING TERMS: F.O.B. DESTINATION All bidders shall quote prices based on F.O.B. destination and shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized County representative at various locations within Metro Dade County. The term "F.O.B. Destination", as used in this clause, means: A. Free of expense to the County on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot or other location to which shipment can be made) is located; and B. Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The County shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the County acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggy -back") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight. Classification for "heavy or bulky freight". When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee. The Contractor shall: A. 1. Pack and mark the shipment to comply with contract specifications; or 2. In the absence of specifications, prepare the shipment in conformance with carrier requirements; B. Prepare and distribute commercial bills of lading; C. Deliver the shipment in good order and condition to the point of delivery specified in the contract; D. Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; E. Furnish a delivery schedule and designate the mode of delivering carrier; and Page 5 02— 724 MIAMI DADE COUNTY BID NO. 4907 -2/u3 -OTR -SW F. Pay and bear all charges to the specified point of delivery. 2.15 Intentionally Omitted 2.16 Intentionally Omitted 2.17 WARRANTY SHALL BE ONE YEAR FROM DATE OF ACCEPTANCE A. Type of Warranty Coverage Required In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the labor, materials and/or equipment by the County. This warranty .requirement shall remain in force for the full one (1) year period; regardless of whether the bidder is under contract with the County at the time of defect. Any payment by the County on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. B. Correcting Defects Covered Under Warranty The bidder shall be responsible for promptly correcting any deficiency, at no cost to the County, within five (5) calendar days after the County notifies the bidder of such deficiency in writing. If the bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the County may, at its discretion, notify the bidder, in writing, that the bidder may be debarred as a County bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the County within ten (10) calendar days of receipt of the notice. If the bidder fails to satisfy the warranty within the period specified in the notice, the County may (a) place the bidder in default of its contract, and/or (b) procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the County for this work or items; either through a credit memorandum or through invoicing. 2.18 Intentionally Omitted 2.19 CONTACT PERSON For any additional information regarding the specifications and requirements of this contract, Contact: Edgar Inniss at (305) 375-4260. 2.20 STATE-WIDE USAGE Any Governmental, not-for-profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all items specified herein from the successful bidder(s) at the contract price(s) established herein. Each Governmental, not-for-profit or quasi -governmental entity which uses a contract(s) resulting herefrom, will establish its own Page 6_ ?. ) MIAMI DADE COUNTY BID NO. 4907 -2/03 -OTR -SW contract, place its own orders, issue its own purchase orders, be invoiced therefrom and make its own payments, determine shipping terms and issue its own exemption certificates as required by -the bidder. 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 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. After receipt of payment from such purchases, all applicable surcharge fees shall become payable to: Board of County Commissioners. Vendors shall be required to furnish the attached Quarterly Surcharge Payment Report in a timely manner. Quarterly reports and all applicable payments must be submitted to GSA/Accounts Receivable, 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 reprocurement 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. 0-~ 724 Page 7 MIAMI DADE COUNTY CITY OF OCALA Att: John Tingue Purchasing D.irector P.O. Box 1270 Ocala, FL 34478 (352) 351-6700 BID NO. 4907-2/vi-OTR-SW DEPARTMENT OF TRANSPORTATION Att: Doug Smit Contractual Services 3400 West Commercial Blvd. Fort Lauderdale, FL 33309-3421 (954) 777-4477 ORANGE COUNTY CITY OF OVIEDO Purchasing Department Att: Denise K. Schneider, 201 S. Rosalind Avenue 400 Alexandria Blvd. Orlando, FL 32802 Oviedo, FL 32765 (407) 836-5635 (407) 977-6058 2.21 ACCIDENT PREVENTION AND BARRICADES: Precautions shall be exercised at all times for the protection of persons and property. All Contractors and Sub -Contractors shall conform to all OSHA, State and County regulations while performing under the Terms and Conditions of this contract. Any fines levied by the above mentioned authorities because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. Barricades shall be provided by the bidder when work is performed in areas traversed by persons, or when deemed necessary by the County Project Manager. 2.22 AVAILABILITY OF CONTRACT TO OTHER COUNTY DEPARTMENTS Although this Solicitation is specific to a County Department, it is hereby agreed and understood that any County department or agency may avail itself of this contract and purchase any and all items specified herein from the successful bidder(s) at the contract price(s) established herein. Under these circumstances, a separate purchase order shall be issued by the County which identifies the requirements of the additional County department(s) or agency(ies). 2.23 CATALOGS AND PRICE LISTS SHOULD BE SUBMITTED WITH BID The bidder shall submit one (1) copy of the current manufacturer's price list(s) and catalog(s) with the bid. Failure to meet this requirement may result in your bid being rejected. These documents shall be in effect at the commencement of the contract and shall remain in effect for the life of the contract; unless price escalations are specifically allowable in accordance with Section 2.7 of this Invitation to Bid. Discounts offered will be evaluated against these price lists and catalogs in order to determine the lowest responsive, responsible bidder. Upon request, the bidder shall provide additional sets of the manufacturer's product catalogs and price lists at no cost to the County. 2.24 CLEAN-UP: All unusable materials and debris shall completion, the successful bidder shall work has been involved as mutually agreed be removed from the premises. At thoroughly clean up all areas where with the Department Project Manager. o2- Page 18 MIAMI DADE COUNTY BID NO. 4907 -2/u3 -OTR -SW 2.25 COMPETENCY OF BIDDERS: SUB -CONTRACT WITH ANOTHER VENDOR ALLOWED Pre -award inspection of the Bidder's facility may be made prior to award of the Contract. Bids will be considered only from firms which are regularly engaged in the business of providing or distributing the goods and/or performing the services as described in the Bid invitation, and who can produce evidence that they have an established satisfactory record of performance for a reasonable period of time. Bidders must demonstrate that they have sufficient financial support and organization to insure that they can satisfactorily execute the contract if awarded under the terms and conditions herein stated. In the event that the bidder will sub -contract all or part of its work to another vendor, or will obtain the goods required in conjunction with the contract with another source of supply, the bidder may be required to verify the competency of its sub -contractor or supplier; if so specified in these Special Conditions. Metropolitan Dade County reserves the right, before awarding the contract to require a bidder to submit such evidence of its qualifications and the qualifications of its sub -contractor as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a bidder, including past performance (experience) with the County, in making the award in the best interest of the County. 2.26 COMPLIANCE WITH FEDERAL, STATE AND LOCAL 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). 2.27 FURNISH AND INSTALL REQUIREMENTS These specifications describe the various functions and classes of work required as necessary for the completion of each project. Any technical omissions of functions or classes within the sections of these specifications shall not relieve the bidder from furnishing, installing or performing such work where required to the satisfactory completion of each project. 2.28 LABOR, MATERIALS AND EQUIPMENT SHALL BE SUPPLIED BY THE 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. 2.29 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 building code requirements applicable to the work contemplated herein. Damages, penalties and or fines imposed on the County or the bidder for failure to obtain required licenses, permits or fines shall be borne by the bidder. 02— 724 Page 19 MIAMI DADE COUNTY BID NO. 4907-2/�._-OTR-SW 2.30 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The Bidder hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the County by the Bidder are found to be defective or do not conform to specifications, the County reserves the right to (1) cancel the order and return such materials to the Bidder at the Bidder's expense or (2) require the Bidder to replace the materials at the Bidder's expense. 2.31 SUB -CONTRACTORS OF WORK SHALL BE IDENTIFIED IMPORTANT NOTE: THIS REQUIREMENT IS SEPARATE AND INDEPENDENT FROM BBE REQUIREMENTS AS MAY BE STATED IN PARAGRAPH 2.3 As part of its Bid Proposal, the Bidder is required to identify any and all Subcontractors that will be used in the performance of the proposed contract, their capabilities and experience, and the portion of the work to be done by the subcontractor. The competency of the Subcontractor( s) with respect to experience, skill, responsibility and business standing shall be considered by the County when making the award in the best interest of the County. If the bidder fails to identify any and all sub -contractors in the Bid Proposal, the bidder may be allowed to submit this documentation to the County during the bid evaluation period if such action is in the best interest of the County. 2.32 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. 2.33 PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY: The successful bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip shall be attached to the shipping carton(s) which contain the items and shall be made available to the County's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered; and back -order quantities and estimated delivery of back -orders if applicable. 2.34 PU TED ON THIS BID SOLICITATION BAS While the County has listed all major items on the bid solicitation which are utilized by County departments in conjunction with its operations, there may be ancillary items that must be purchased by the County during the term of this contract. Under these circumstances, a County representative will contact the primary vendor to obtain a price quote for the ancillary items. If there are multiple vendors on the contract, the County representative may also obtain price quotes from these vendors. The County reserves the right to award these ancillary items to the primary contract vendor, another contract vendor based on the lowest price quote or to bid the items through a separate solicitation. r � Page 20 0,12— w 1T MIAMI DADE COUNTY BID NO. 4907-2, ,-OTR-SW SECTION 3.0 TECHNICAL SPECIFICATIONS PLAYGROUND AND PARK EQUIPMENT (FURNISH, DELIVER AND INSTALL) 3.1 SCOPE The purpose and intent of this invitation to bid is to secure a firm fixed percentage discount from last column of manufacturer's price list for the purchase and delivery of PLAYGROUND & PARK EQUIPMENT, secure a firm fixed percentage of COST (after discount) for installation of playground equipment, and to establish a fixed price for the installation of playground infrastructure to include resilient surfacing materials, concrete slabs, curbing and trap sand #70. 3.2 THE WORK - INSTALLATION) A. Contractor shall ensure all work is installed straight, level, plumb and in a workmanlike manner. B. Contractor shall verify and be responsible for the accuracy of all field measurements. C. Contractor shall be responsible for restoration of the site to its original condition to include resodding of the area affected by their work with sod which is of the same variety and quality as the surrounding sod. Where no sod exists prior to installation, the Contractor shall restore grade to a level consistent with the surrounding grade. D. Contractor shall be responsible for the layout and location of all equipment and infrastructure included in the contract. Park and Recreation Department surveyors will set elevations and set the corners of the playground area at the start of construction. Park and Recreation Department surveyors will also locate and mark underground utilities in the immediate area of the construction. The Park and Recreation Department Landscape Architect will inspect the project when the layout and location has been completed by the Contractor. A 24-hour advance notice will be required for this inspection. NOTE: See Attachments 1, 2, 3 and 4. E. Contract— -`all be responsible for installing any infrastructure included in the contract according to the plans and specifications provided by the Park and Recreation Department. These plans and specifications are included as part of the contract. F. An English-speaking supervisor/representative must be on the work site at all times, who shall be thoroughly knowledgeable of all plans, specifications and other contract documents and has the authority to act in the Contractor's behalf. G. Contractor shall be responsible for scheduling an inspection by the Park and Recreation Department Landscape Architect after the holes for the footings have been excavated and prior to pouring of concrete. A 24-hour advance notice will be required for this inspection. Page 21 02— 724 9 A'1'rl'ACI-IM.IJN'1' 4' X 12' PIIESsURE TREATED WOOD CUSS 4:1 SLOPE TO 1' CIIAMFER BOTH SIDES :EXISTING G11ADE SILICA T1IAP SAND fT0 1 �•,�: . 1111-piIIIITKUItJItT_ go gul I I I I� Ril ' �. �: •:. 1111 • •. 1111 ;t �; •C4 .. • • ,' EXISTING UNDISTUROED GROUND j1• ' ' ' •' `' ' ii =N I_N _ III ..III tllapll=�III$IIIt�lNlai111 t5 STEEL IIE13AII 27' LONG • U MAXIMUM SPACING e' C.C. WITII A MINIMUM OF 2 PER SECTION TOT -LOT WOOD CURB CONSTRUCTION DETAIL NOT TO SCALE N N - a rn b a 3 N 1 F- 0 1 rlr N 1 0 rn d* 0 Z O m k IR Al"TACHM + Nrl' 2 i nOUNDED EDGES 4:1 SLOPE TO 6, EXISTING GRADE` Z 04 0 RE -BARS 1111^ilil�ll((E1�11��Ifl�llf(= ft11=11(i;ttjl,.� A•� � is ... •' � ,�� :� .. • VIII �' SAND FOR TOT -LOT 1„1 TnAP SAND ♦TO M EXISTING UNDISTUnDED GnOMID a I�liiei�i�l�%IIIea��itl b a TOT -LOT CONCRETE CURB CONSTRUCTION DETAIL NOT TO SCALE Al"FACCIIN11-JNT 3 CONCRETE SLAB 3 6"X6"-6/6 WWF 0 N I O O► d' m vk-ci #5 REBAR (CONT) COMPACTED FILL r 19 TOT -LOT CONCRETE THICKENED EDGE W , O & SLAB CONSTRUCTION DETAIL NOT TO SCALE 1 I Al ri1AL I• i M ENr1' 4 4' CONCIIE*rE SLAB �9ai111 �� II �! j ��1 g7l 1� 0'x(3'-0/0 WWF EXISTING UNDISTURBED GROUND I m CHAMFER C4..,r81LICA TRAP SANO.#TO r Egli m(low, '. �-- 2-06 IIE13ARS TOT—LOT CONCRETE THICKENED EDGE & SLAB -CONSTRUCTION DETAIL NOT TO SCALE Ln N a rn ro a Z� 0 W Q 0 4' CONCIIE*rE SLAB �9ai111 �� II �! j ��1 g7l 1� 0'x(3'-0/0 WWF EXISTING UNDISTURBED GROUND I m CHAMFER C4..,r81LICA TRAP SANO.#TO r Egli m(low, '. �-- 2-06 IIE13ARS TOT—LOT CONCRETE THICKENED EDGE & SLAB -CONSTRUCTION DETAIL NOT TO SCALE Ln N a rn ro a AWARD UNDER MIAMI-DADE COUNTY CONTRACT NO. 4907 -02/03 -OTR -SW ITEM: Playground and Park Equipment DEPARTMENT: Parks and Recreation TYPE OF PURCHASE: Term REASON: The Department of Parks and Recreation has a need to secure a contract for the purchase and installation of playground and park equipment at various city parks. RECOMMENDATION: It is recommended that award be made to Hunter Knepshield Company, Contract Connection, Inc., and Leadex Corp., under existing Miami - Dade County Contract No. 4907 -2/03 -OTR -SW, effective through February 28, 2003, subject to any extensions by Miami -Dade County, for the Department of Parks and Recreation, at a total amount not to exceed $772,598; allocating funds therefor from the Safe Neighborhood Park Bond Program, and a Special Revenue Fund entitled City of Miami Program for Persons with Disabilities Miami -Dade County, Office of Americans with Disabilities Act (ADA) Coordination Grant Fund, as appropriated for Capital Improvement Projects in Section VI of the City's General Appropriations Ordinance No. 11705, as amended. Ju S. Ca er L ' Direct of Pur hasing Da Award Under Dade County Contracts