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
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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
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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
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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."
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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.
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(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
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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:
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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
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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
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(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
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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
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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
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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
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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
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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