HomeMy WebLinkAboutR-02-0788J-02-599
6/28/02
RESOLUTION NO. 02— 788
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE CONSTRUCTION AND/OR PAVING OF
SPORTS COURTS AT VARIOUS CITY PARKS FOR THE
DEPARTMENT OF PARKS AND RECREATION FROM AGILE
COURTS CONSTRUCTION, INC. AND MCCOURT
CONSTRUCTION, INC., UNDER EXISTING MIAMI-DADE
COUNTY CONTRACT NO. 6941 -2/04 -OTR -CW,
EFFECTIVE THROUGH FEBRUARY 28, 2003, AND ANY
EXTENSIONS, IN A TOTAL AMOUNT NOT TO EXCEED
$81,400; ALLOCATING FUNDS FROM SAFE
NEIGHBORHOOD PARK BOND FUNDS, AS APPROPRIATED
BY THE ANNUAL APPROPRIATIONS AND CAPITAL
IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The construction and/or paving of sports
courts at various City parks for the Department of Parks and
Recreation from Agile Courts Construction, Inc. and McCourt
Construction, Inc., under existing Miami -Dade County Contract
No. 6941 -2/04 -OTR -CW, effective through February 28, 2003, and
any extensions, in a total amount not to exceed $81,400, is
approved, with funds allocated from Safe Neighborhood Park Bond
CITY COM OSSION
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J 111- a 9 2002
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02- '78S
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Funds, as appropriated by the Annual Appropriations and Capital
Improvement Projects Ordinances, as amended.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.!'
PASSED AND ADOPTED this 9th day of July , 2002.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
W6308:tr:LB
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-&OLV!f?!�J,
MANUEL A. DIAZ, MWTR
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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 02- 7S8
CITY OF MIAMI, FLORIDA CA=4
INTER-OFFICE MEMORANDUM
TO: The Honorable Mayor and
Members of the City Commission
FROM
A. menez
City Mana er
RECONIldENDATION
DATE:
JUN 2 8 2'02
FILE :
SUBJECT:
Authorizing the Refurbishment
of Sport Courts at Various City
Parks/Miami-Dade County
REFERENCES: Bial No. 6941 -2/04 -OTR -CW
ENCLOSURES:
It is respectfully recommended that the City Commission adopt
the attached Resolution authorizing the refurbishment of sport
courts at various City parks, as designated herein, by Agile
Courts Construction, Inc., located at 7335 S.W. 104th Street,
Miami, Florida 33156 and McCourt Construction, Inc., located at
15155 S.W. 117th Avenue, Suite 25, Miami, Florida 33177. These
are both pre -qualified Miami -Dade County/non-minority
contractors, in an amount not to exceed $81,400. We are
utilizing Miami -Dade County Contract No. 6941 -2/04 -OTR -SW,
effective through February 29, 2003, subject to any extensions
thereto by Miami -Dade County, allocating funds therefore from
the Safe Neighborhood Park Bond Program, as appropriated by the
annual Appropriations and Capital Improvement Ordinance, as
amended.
The City of Miami Parks and Recreation Department has identified
funds for the refurbishment of sport courts at various city
Parks at a total cost not to exceed $81,400 utilizing Safe
Neighborhood Park Bond (SNPB) funds.
In an effort to expedite the implementation of capital
improvement projects to be completed at various City parks, the
City seeks to utilize Miami -Dade County Contract No. 6941 -2/04 -
OTR -CW.
02- 788
The 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 Agile Courts Construction, Inc., and McCourt
Construction, Inc., as the responsible and responsive vendors
awarded under existing Miami -Dade County Contract No. 6941-2/04
for the refurbishment of sport courts at various City parks in
the estimated amount indicated below:
CIP NUMBER
PARK NAME
AMOUNT
FUNDING SOURCE
331342
Armbrister
$20,600
SNPB
333113
Curtis Park
$23,200
SNPB
331357
Dorsey Park
$11,200
SNPB
331341
Gibson Park
$26,400
SNPB
TOTAL AMOUNT
$81,400
FISCAL IMPACT: NONE - GRANT FUNDED
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CAG/FR/AR/sb
02— 788
1. Department: Parks and Recreation
2. Agenda Item # (if available)
Budgetary Impact Analysis
Division: Administration - Capital Improvement
3. Title and brief description of legislation or attach ordinance/resolution:
Resolution authorizing the refurbishment of Wort courts at various City parks (Armbrister. Curtis. Dorsey, and Gibson).
4. Is this item related to revenue? NO: X YES (If yes, skip to item #?.)
5. Are there sufficient funds in Line Item?
Verified by:
Verified by:
C..P APPT:
Transfer done by:
YES: X Index Code 331342.589305
Minor Obj. Code
860
Amount2� 0,600
Index Code 333113.589305
Minor Obj. Code
860
Amount $23.200
Index Code 331357.589305
Minor Obj. Code
860
Amount $11.200
Index Code 331341.589305
Minor Obj. Code
860
Amount $26.4005 .
NO: Complete the following questions:
6. Source of funds:
Amount budgeted
in the Line Item
$
Balance in Line Item
Amount needed in the Line Item
Sufficient funds will be transferred from the following line items:
ACTION ACCOUNT NUMBER ACCOUNT NAME TOTAL
Indez/Minor Ob'ectlPro'ect No.
From
From
From
To
7. Any additional comments?
None.
8. Approved by:
P '4- M -1
r
artment Directo tgnee
Date
FOR DEPARTMENT OF MANAGEMENT AND BUDGET USE ONLY
Verified by:
Verified by:
C..P APPT:
Transfer done by:
Department of Management and Budget
Director/Designee
Date o
Budget1 t *l
e
Date
Budget Analyst
Date
U;�—
•
•
BID NO.: 6941-2/04
•
CONTRACT AWARD SHEET
DEPARTMENT OF PROCUREMENT MANAGEMENT
BIDS AND CONTRACTS DIVISION
Previous Bid No.: 1153-0/01
TITLE: Tennis & Sport Courts (Renovation & Repair)
COMMODITY CODE NO.: 988-86 OTR YEARS: 0
CONTRACT PERIOD: 3/01/02 through 2/28/03
AWARD BASED ON MEASURES: ❑ YES ® NO
LIVING WAGE APPLIES:
❑ YES [D NO
® SP—PROCUREMENT AGENT: Ed Mason
® PROCUREMENT AGENT: Margaret Waters
0 PROCUREMENT TECHNICIAN: Panw1aJenkins-Jams
PHONE: 305-375-3900
❑ Set Aside ❑ Bid Preference
❑ Goal ❑ BBE C:]HBE [:] WBEOwnedFirms
❑ ❑
Local Preference CSBE Level
® Prevailing Wages (Reno. 90-143)
❑ Living Wage
PART #1: VENDOR AWARDED
F.E.I.N.:
VENDOR:
STREET:
CITY/STATE/ZIP:
F.O.B. TERMS:
PAYMENT TERMS:
DELIVERY:
TOLL FREE PHONE #
PHONE:
FAX:
E-MAEL:
CONTACT PERSON:
591551594-01
Agile Courts Const. Co., Inc.
7335 S.W. 104'h Street
Miami, F133156
Deat.
Net 30 Days
As Required
N/A
305-667-1228
305-667-6959
n/a
Brain E. Bauer
PART #2: ITEMS AWARDED
592010019-01
McCourt Const. Co., Inc.
16155 S.W. 117' Avenue, #26B
Miami, F133177
Dest.
2% 10 Days, Net 30 Days
As Required
N/A
305-255-0252
305-378-2395
n/a
Daniel C McAlpine
ALL AWARDEES SHALL BE NOTIFIED & REQUESTED TO SUBMIT A PROPOSAL FOR EACH PROJECT.
ALL PROJECTS OVER $5,000.00 ARE UNDER RESPONSIBLE WAGES & BENEFITS (PREVAILING WAGE).
02- 788
DEPARTMENT OF PROCUREMENT MANAGEMENT
BIDS AND CONTRACTS DMSION
1
AWARD SHMAoe
- -- GW10M10
FBID NO.: 6941-2/04-OTR-CW
OPENING: 2:00 P.M.
. WEDNESDAY
October 3, 2001
MIAMI-DADE COUNTY, FLORIDA
INVITATION
TO BID
TITLE
TENNIS AND SPORTS COURT REPAIR AND RENOVATION FOR PARKS AND
RECREATION AND SEAPORT DEPARTMENTS FOR A ONE YEAR PERIOD
WITH A TWO (2) YEAR OPTION TO RENEW.
THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW:
AFFIDAVITS: ......................................................................................... SEE APPENDIX - SECTION I
BID DEPOSIT AND PERFORMANCE BOND:.. ............................... N/A
CATALOGUE AND LISTS:.................................................................. N/A
CERTIFICATE OF COMPETENCY: ................................................. SEE SECTION 2.0, PARA. 2.14
EQUIPMENTLIST:.............................................................................. N/A
INDEMNIFICATION/INSURANCE:................................................... SEE SECTION 2.0, PARA. 2.11
LIVINGWAGE: .................................................................................... N/A
PRE-BID CONFERENCFIWALK-THRU:.......................................... N/A
RACE -CONSCIOUSNESS MEASURE: .............................................. N/A
SAMPLESIINFORMATION SHEETS: .......................................... .... N/A
SECTION3 - MDHA:............................................................................ N/A
SITE VISIT/AFFIDAVIT: ..................................................................... N/A
SURCHARGE FEE:............................................................................... SEE SECTION 2.0 , PARA 2.21
WRITTEN WARRANTY: ..................................................................... N/A
FOR INFORMATION CONTACT
EDWARD MASON @ 305 — 375-3900
IMPORTANT NOTICE TO BIDDERS
See section 2.0 , Paragraph 232
MIAMI -DARE COUNTY
DEPARTMENT OF PROCUREMENT MANAGEMENT
BIDS AND CONTRACTS DIVISION
FAILURE TO SIGN PAGE 24 OF SECTION 4.0, BID PROPOSAL WILL
RENDER YOUR BID NON-RESPONSIVE
02`- 788
BID SHELL FORMAL.DOC Lm RvAu d 0712OW
a
MIAMI-DADE COUNTY
fa
BID NO.:6941-2/04-OTR-CW
INSTRUCTIONS FOR MAILING A BID IN RESPONSE TO A
FORMAL BID SOLICITATION
Each bid proposal submitted to the CLERK OF THE BOARD will have the following
information clearly marked on the face of the envelope:
> Bidder's Name and Return Address > Bid Number
> Opening Date of Bid > Title of the Bid
Failure to include this information may result in your bid not being considered.
The bidder will submit each bid proposal, consisting of one original and three copies and any
attachments in one envelope.
Bid responses submitted at the same time for different bid solicitations shall be placed in
separate envelopes and each envelope shall contain the information previously stated. Failure to
comply with this requirement may result in the bid from being considered.
"BIDS/PROPOSALS MUST BE SUBMITTED IN A SEALED ENVELOPE OR
CONTAINER AND WILL BE OPENED PROMPTLY AT THE SUBMITTAL
DEADLINE. BIDS/PROPOSALS RECEIVED AFTER THE FIRST BIDIPROPOSAL
ENVELOPE OR CONTAINER HAS BEEN OPENED WILL NOT BE OPENED OR
CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING BIDSIPROPOSALS 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/PROPOSAL SHALL BE SUBMITTED TO THE FOLLOWING ADDRESS:
CLERK OF THE BOARD
Stephen P. Clark Center
111 NW 1st Street, 17th Floor, Suite 202
Miami, Florida 33128-1983
The County provides equal access and does not discriminate on the basis of disability in its programs or
services. It is our policy to make any communication available to the public. It is also available to the people
Who are blind/visually impaired and deaf/hard of hearing. If you require information in an alternate format
please call 305-375-5278.
02— 788
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MIAMI-DADE COUNTY BID NO.:6941-2/04-OTR-CW
SECTION 1
GENERAL TERMS AND CONDITIONS
1.1 DEFINITIONS
The term "bid" shall refer to any offer(s) submitted in response to this bid solicitation.
The term "County" shall refer to Miami -Dade County.
The term "bidder" shall refer to anyone submitting a bid in response to this bid solicitation.
The term "contractor" or "successful bidder" shall refer to the bidder receiving an award as
a result of this bid solicitation.
The term "bid solicitation" shall mean this bid solicitation, the bidder's response to this bid
solicitation, as approved by the County in accordance with Administrative Order 3-2 and
any purchase order or change order issued by DPM.
The term "DPM" shall refer to Miami -Dade County's Department of Procurement
Management.
1.2 CONTENTS OF BID
A. General Conditions
(1) It is the sole responsibility of the bidder to become thoroughly familiar
with the bid requirements and all terms and conditions affecting the
performance of this bid solicitation. Pleas of ignorance by the bidder of
conditions that exist, or that may exist will not be accepted as a basis for
varying the requirements of the County, or the compensation to be paid to
the successful bidder.
(2) The bidder is advised that this bid solicitation is subject to all legal
requirements contained in the County's Administrative Order 3-2 and all
other applicable County Ordinances and/or State and Federal Statutes.
Where conflicts exist between this bid solicitation and these legal
requirements, the higher authority shall prevail in the following order:
Federal, State and local.
B. Additional Information/Addenda
(1) Request for additional information, explanation, clarification or
interpretation must be made in writing to the Department of Procurement
Management, Bids and Contracts Division contact person identified on the
cover page of this bid solicitation and file a copy with the Clerk of the
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MIAMI-DADE COUNTY BID NO.:6941-2/04-OTR-CW
Board, 111 NW 1st Street, 17'' Floor, Suite 202, Miami, Florida. The
request shall be received no later than fourteen (14) working days prior to
the bid opening date. Any request received after that time may not be
reviewed for inclusion in this bid solicitation. The request shall contain the
requester's name, address, and telephone number. If transmitted by
facsimile, the request shall also include a cover sheet, with the sender's
facsimile number. 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 WRTITEN
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 SII.ENCE
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 THE BOARD, WHICH SHALL BE MADE AVAILABLE TO ANY
PERSON UPON REQUEST. THE COUNTY SHALL RESPOND IN WRITING
AND FILE A COPY WITH THE CLERK OF THE BOARD, WHICH SHALL BE
MADE AVAILABLE TO ANY PERSON UPON REQUEST.
IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW,
VIOLATION OF ORDINANCE 98-106 BY ANY BIDDER OR PROPOSER
SHALL RENDER ANY RFP AWARD, RFQ AWARD OR BID AWARD
VOIDABLE. ANY PERSON HAVING PERSONAL KNOWLEDGE OF A
VIOLATION OF THIS ORDINANCE SHALL REPORT SUCH VIOLATION TO
THE STATE ATTORNEY AND/OR MAY FILE A COMPLAINT WITH THE
ETHICS COMMISSION. BIDDERS OR PROPOSERS SHOULD REFERENCE
THE ACTUAL ORDINANCE FOR FURTHER CLARIFICATION.
(2) The Department of Procurement Management, Bids and Contracts
Division will issue a response to any inquiry, as it deems necessary, by
written addenda, issued prior to the bid opening date. The bidder shall not
rely on any representation, statement or explanation other than those made
in this bid solicitation document or in any addenda issued. Where there
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REVISEDOMIA1
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MIAMI-DADE COUNTY BID NO.:6941-2/04-OTR-CW
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
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 Terns 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 terns in the space
provided on the bid proposal signature page of this bid solicitation. If
no prompt payment discount is being offered, the bidder shall enter
zero (0) for the percentage discount to indicate no discount. If the
bidder fails to enter a percentage, it is hereby understood and agreed
that the payment terms will be 2% 20 days, effective after receipt of
invoice or final acceptance, whichever is later.
1.3 PREPARATION AND SUBMISSION OF BID
A. 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 the authorized
agent will initial all corrections made by the bidder in ink. The use of
pencil or erasable ink may result in the rejection of the bid. Failure to
sign the Bid Proposal signature page will render your bid non-
responsive.
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MIAMI-DADE COUNTY
BID NO.:6941-2/04-OTR-CW
(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
solicitation requirements; (b) the bidder completes a separate bid proposal
Form for each bid and shall mark "Alternate bid(s)" on the first page.
Failure to comply with the foregoing may result in the rejection of the
additional bid(s).
(5) The bidder is allowed to offer multiple product brand names for each item
listed on the bid proposal; provided that (a) such offer is allowable in
accordance with Section 2.9 of this bid solicitation and (b) the same price
is offered for all brand names bid. If the County determines that all brand
names are acceptable based on the quality standards, the County may, at
its option, order either of the brands names made available through this
bid solicitation. Conversely, the Vendor will deliver the brand name that
has been ordered by the County.
(6) Unless otherwise specified in the Special Terms and Conditions, the
proposed delivery and/or, completion time, if required, shall be stated in
calendar days.
(7) The bidder shall not charge tax, as the County is exempt from all State,
Excise, Federal and Local sales tax. Not withstanding, any tax on
materials and/or supplies which are purchased by the bidder, in
conjunction with this bid solicitation shall be subject to the Florida State
Sales Tax, in accordance with Section 212.08 of Florida Statutes, amended
1970, and all amendments thereto, shall be borne solely by the bidder.
When the bidder does not manufacture the materials and/or supplies, taxes
must be incorporated in the bid price, not as a separate item. When
materials and/or supplies are manufactured by the bidder and are not for
resale, the County is exempt. The County may be subject to applicable
taxes on goods purchased for the purpose of resale. Upon request, the
County will provide a tax exemption certificate, if applicable. Any special
tax requirements will be specified either in the Special Conditions or in the
Technical Specifications.
(8) Any telegraphic or facsimile bid will not be considered.
(9) The bidder shall incorporate in their bid price all costs related to this bid
solicitation.
(10) The apparent silence of the specifications and any addenda regarding any
details or the omission from the specifications of a detailed description
concerning any point shall be regarded as meaning that only the best
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MIAMI-DADE COUNTY BID NO.:6941-2/04-OTR-CW
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
The County requires the bidder to complete a registration application
including the required disclosure affidavits with the Department of
Procurement Management. The bidder must be registered to be
recommended for any contract award*. To register, or for assistance in
registering, contact Vendor Assistance at 305-375-5287.
*Section 2-11.1(d) of the County Code provides that a person (County Employee) may not enter into any
contract or transact any business through a firm, corporation, partnersbip or business entity in which he
or any member of his immediate family has a controlling financial interest, direct or indirect, with the
County or any person or agency acting for the County and any such contract, agreement or business
engagement entered in violation of this subsection shall render the transaction voidable. For additional
information please contact the Ethics Commission hot line at 305-579-2593.
The following are the documents with the vendor registration application:
(1) Disclosure of Employment Affidavit
Pursuant to 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.
(2) Disclosure of Ownership Affidavit
Pursuant to County Ordinance No. 88-121, the bidder shall disclose the
full legal name and business address of any individual (other than
subcontractors, materialmen, suppliers, laborers, or lenders) that have, or
will have any interest (legal, equitable beneficial or otherwise) in the
contract or business transaction with the County. If the contract or
business transaction is with a corporation, the full legal name and business
address shall be provided for each officer and director and each
stockholder who holds directly or indirectly five percent (5%) or more of
the corporation's stock. If the contract or business transaction is with a
trust, the full legal name and address shall be provided for each trustee and
each beneficiary. Post Office addresses are not acceptable.
(3) Drug -Free Affidavit
Pursuant to County Ordinance No. 92-15, 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
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MIAMI-DADE COUNTY BID NO.:6941-2/04-OTR-CW
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.
(4) Family Leave Affidavit
Pursuant to County Ordinance No.91-142, the bidder shall certify that it
entitles an employee who has worked for the firm for at least one (1) year,
ninety (90) days of family leave during any twenty-four (24) month
period, for medical reasons, for the birth or adoption of a child, or for the
care of a child, spouse or other close relative who has a serious health
condition without risk of termination or employment or employer
retaliation.
(5) W-9 and 8109 forms
The bidder must furnish a W-9 and 8109 (Federal Tax Deposit Coupon)
forms as required by the Internal Revenue Service in order to enter into
this contract with the County.
(6) Social Security Number
The bidder must furnish a copy of the Social Security card if a social
security number is being used in lieu of the Federal Identification Number
(F.E.I.N.).
C. Americans with Disabilities Act (A.D.A.) Affidavit
It is the policy of the County to comply with all requirements of the
Americans with Disabilities Act (A.D.A.). For A.D.A. complaints call
305-375-3566. The bidder recommended for award shall be required to
complete an A.D.A. affidavit in accordance with County Resolution No.
385-95 prior to the award of this bid solicitation. Failure to complete the
affidavit as required may result in the rescinding of the recommendation
for award. (See Appendix - Section 1)
D. Antitrust Laws
By acceptance of this contract, the successful bidder agrees to comply
with all antitrust laws of the United States and the State of Florida, in
order to protect the public from restraint of trade, which illegally increases
prices.
E. Collection of Fees, Taxes and Parking Tickets Affidavit
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MIAMI-DADE COUNTY
F.
0.
BID NO.:6941-2/04-OTR-CW
Pursuant to the procedures contained in Section 2-8.1 (c) of the County
Code, and as amended by County Ordinance No. 95-178, the bidder shall
certify that all delinquent and currently due fees, taxes and parking tickets
have been paid. (See Appendix - Section 1)
Conflict of Interest and Code of Ethics
Prohibition of County Employees contracting with the County
No person included in the terms defined in 2-11.1(b)(1) through (6) and
(9) of the Code of Miami -Dade County shall enter into any contract or
transact any business in which he or a member of his immediate family
has a financial interest, direct or indirect, with Miami -Dade County or any
person or agency acting for Miami -Dade County or any person or agency
acting for Miami -Dade County. Any such contract, agreement or business
engagement entered in violation of the Conflict of Interest and Code of
Ethics Ordinance shall render the transaction voidable. Willful violation
of this subsection shall constitute malfeasance in office and shall effect
forfeiture of office or position.
County Ordinance No. 00-1, amending Section 2-11.1(c) of the Code of
Miami -Dade County, provides a limited exclusion from the foregoing
prohibition on transacting business with the County for employees and
their immediate family. County employees and members of their
immediate family may enter into contracts, individually or through a firm,
corporation, partnership or business entity in which the employee or any
member of his or her immediate family has a controlling financial interest,
with Miami -Dade County or any person or agency acting for Miami -Dade
County, provided that:
(1) entering into the contract would not interfere with the full
and faithful discharge by the employee of his or her duties to
the County;
(2) the employee has not participated in determining the subject
contract requirements or awarding the contract; and
(3) the employee's job responsibilities and job description will
not require him or her to be involved with the contract in any
way, including, but not limited to its enforcement, oversight,
administration, amendment, extension, termination or
forbearance.
Any affected County employee shall seek a conflict of interest opinion
from the Miami -Dade County Commission on Ethics and Public Trust
("the Ethics Commission") prior to submittal of a bid, response or
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application of any type to contract with the County by the employee or his
or her immediate family. A request for a conflict of interest opinion shall
be made in writing and shall set forth and include all pertinent facts and
relevant documents.
The employee shall file with the Clerk a statement in a form satisfactory to
the Clerk disclosing the employee's interest or the interest of his or her
immediate family in the proposed contract and the nature of the intended
contract at the same time as or before submitting a bid, response, or
application of any type to contract with the County. Also a copy of the
request for a conflict of interest opinion from the Ethics Commission and
any corresponding opinion, or any waiver issued by the Board of County
Commissioners, must be submitted with the response to the solicitation to
contract with the County.
The County employee has the right to seek a legal opinion from the State
of Florida Ethics' Commission regarding the applicability of state law
conflict of interest provisions.
G. Criminal Conviction Disclosure
Pursuant to County Ordinance No. 94-34, "Any individual who has been
convicted of a felony during the past ten (10) years and any corporation,
partnership, joint venture or other legal entity having an officer, director,
or executive who has been convicted of a felony during the past ten (10)
years shall disclose this information prior to entering into a contract with
or receiving funding from the County."
H. Debarment Disclosure Affidavit
Pursuant to County Ordinance No. 93-129, the bidder will agree to comply
with the provisions of this ordinance, which prevents the contractor,
subcontractors, their officers, their principals, stockholders, and their
affiliates who have been debarred by the County, from entering into this
contract with the County during the period for which they have been
debarred. It is the bidders responsibility to ascertain that none of the
subcontractors, their officers, principals, or affiliates, as defined in the
ordinance, are debarred by the County pursuant to Ordinance No. 93-129
and Administrative Order 3-2 before submitting the bid proposal. The
Disclosure Affidavit requires the bidder to affirm under oath, that the
County debars neither the bidder, its subcontractors, or their officers,
principals nor affiliates, at the time of the bid proposal. If the bidder fails
to complete the Disclosure Affidavit it shall not be awarded this contract.
If this contract is entered into in violation of this ordinance, it is void, and
any person who willfully fails to disclose the required information or who
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knowingly discloses civil or criminal penalties, or both can punish false
information, as provided for in the law. (See Appendix - Section 1)
i. 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 terns of this provision apply to the bidder, its offices, agents
and employees. Nothing contained in this provision shall impair any
independent right of the County to audit or investigate the operations,
activities and performance of the Vendor in connection with this contract.
The terms of this provision are neither intended, nor shall they be
construed, to impose any liability on the County by the Vendor or third
parties.
(2) Pursuant to Ordinance 97-215 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 % 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,
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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's/Vendor's/Consultant's) possession, custody or control
which, in the Inspector General's or IPSIG's sole judgement, pertain to
performance of the contract, including, but not limited to original estimate
files, change order estimate files, worksheets, proposals and agreements
from and with successful and unsuccessful subcontractors and suppliers,
all project -related correspondence, memoranda, instructions, financial
documents, construction documents, (bid/proposal) and contract
documents, back -charge documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or
dividends received, payroll and personal records, and supporting
documentation for the aforesaid documents and records.
The provisions in this section shall apply to the
(ContractorNendor/Consultant), its officers, agents, employees,
subcontractors and suppliers. The (ContractorNendor/Consultant) shall
incorporate the provisions in this section in all subcontracts and all other
agreements executed by the (ContractorNendor/Consultant) in connection
with the performance of the contract.
Nothing in this contract shall impair any independent right to the County
to conduct audit or investigative activities. The provisions of this section
are neither intended nor shall they be construed to impose any liability on
the County by the (ContractorNendor/Consultant) or third parties.
J. Minority and Disadvantaged Business Enterprises
The County endeavors to obtain the participation of all minority and
disadvantaged business enterprises. For information and to apply for
certification, contact the Department of Business Development, 175 NW
1st Avenue, 28h Floor, Miami, FL 33123-1844, Phone: 305-349-5960.
K. Public Entity Crimes Sworn Statement
Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, "Any
person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a
bid solicitation to provide goods and/or services to a public entity, may not
submit a bid on a bid solicitation with a public entity for construction or
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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."
L. Living Wage
In accordance with Ordinance 99-44 beginning November 11, 1999, all
Service Contractors who enter into this contract shall agree to pay the
Living Wage required by Ordinance 99-44 to all its employees providing
Covered Services. The current Living Wage applied to this contract (if
applicable) is $8.56 per hour plus Health Benefits as described in the
aforementioned ordinance or $9.81 per hour without Health Benefits. The
Living Wage required by Ordinance 99-44 is subject to indexing as set -
forth in Section "C" (Indexing). Such Health Benefits shall consist of
payment of at least $1.25 per hour towards the provision of health care
benefits for employees and their dependents. Proof of the provision of
Health Insurance must be submitted to the County to qualify for the wage
rate for employees with health benefits. The Service Contractor shall also
agree to produce all documents and records relating to payroll and
compliance with this Ordinance prior to award of this bid solicitation
upon request by the Department of Procurement Management, Bids &
Contracts Division.
The provisions in this Ordinance applies to all Service Contracts
involving the expenditure of over $100,000 per year for the following
types of ("Covered Services") services:
(i) Food preparation and/or distribution
(ii) Security services
(iii) Routine maintenance services such as custodial, cleaning, refuse
removal, repair, refinishing and recycling
(iv) Clerical or other non -supervisory office work, whether temporary
or permanent
(v) Transportation and parking services including airport and seaport
services
(vi) Printing and reproduction services
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(vii) Landscaping, lawn and/or agricultural services
If records reflect, that the Service Contractor is in violation of this
Ordinance, the County has the right to sanction the Service Contractor to
include but not limited to termination, fine and suspension.
This Ordinance encompasses various responsibilities that must be
accomplished by the successful bidder such as record keeping,
posting and reporting. Upon the award of this contract, the
successful bidder must be prepared to comply with these
requirements as outlined in Ordinance 99-44.
M. Code of Business Ethics
In accordance with Section 2-8.1(i) of the Miami -Dade County Code, each
person or entity that seeks to do business with the County shall adopt a
Code of Business Ethics ("Code) and shall, prior to execution of any
contract between the contractor and the County, submit an affidavit stating
that the contractor has adopted a Code that complies with the requirements
of Section 2-8.1(i) of the Miami -Dade County Code. Any person or entity
that fails to submit the required affidavit shall be ineligible for contract
award. The Code of Business Ethics shall apply to all business that the
contractor does with the County and shall, at a minimum, require that the
contractor:
Comply with all applicable governmental rules and regulations including,
among others, the Miami -Dade County Conflict of Interest and Code of
Ethics Ordinance and the False Claims Ordinance.
Comply with all applicable rules and regulations regarding Disadvantaged
Business Enterprises, Black Business Enterprises, Hispanic Business
Enterprises and Women Business Enterprises (hereinafter collectively
Minority Business Enterprises, "MBEs') and Community Small Business
Enterprises (CSBEs) and shall specifically prohibit the following
practices:
Pass-through Requirements. The Code shall prohibit pass-throughs
whereby the prime firm requires that the MBE or CSBE firm accept
payments as a MBE or CSBE and pass through those payments or a
portion of those payments to another entity including, but not limited to
the owner/operator of the prime firm;
Rental Space, Equipment or Flat Overhead Fee Requirements. The Code
shall prohibit rental space requirements, equipment requirements, and/or
flat overhead fee requirements, whereby the prime firm requires the MBE
or CSBE firm to rent space or equipment from the prime firm or charges a
flat overhead fee for the use of space, equipment, secretary, etc.;
Staffing Requirements. The Code shall prohibit the prime firm from
mandating, as a condition to inclusion in the project, that a MBE or CSBE
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hire, fire, or promote certain individuals not employed by the prime firm,
or utilize staff employed or previously employed by the prime firm.
MBE or CSBE staff utilization. The Code shall prohibit the prime fine
from requiring the MBE or CSBE firm to provide more staff than is
necessary and then utilizing the MBE or CSBE staff for other work to be
performed by the prime firm.
Fraudulently creating, operating or representing MBE or CSBE. The
Code shall prohibit a prime firm including, but not limited to, the
owners/operators thereof from fraudulently creating, operating or
representing an entity as a MBE or CSBE for purposes of qualifying for
certification as a MBE or CSBE.
The Code shall also require that on any contract where MBE or CSBE
participation is purported, the contract shall specify essential terns
including, but not limited to, a specific statement regarding the percent of
participation planned for MBEs or CSBEs, the timing of payments and
when the work is to be performed.
The failure of a contractor to comply with its Code of Business Ethics
shall render any contract between the contractor and the County voidable,
and subject violators to debarment from future County work pursuant to
Section 10-38(h)(2) of the Code. The Inspector General shall be
authorized to investigate any alleged violation by a contractor of its Code
of Business Ethics.
N. Individuals and Entities Doing Business with the County not Current in
their Obligations to the County (See Appendix — Section 1)
Pursuant to Ordinance No. 99-162 and Section 2-8.1 of the County Code,
no individual or entity who is in arrears in any payment under a contract,
promissory note or other loan document with the County, or any of its
agencies or instrumentalities, including the Public Health Trust (herein
referred to as "County"), either directly or indirectly through a firm,
corporation, partnership or joint venture in which the individual or entity
has a controlling financial interest as that term is defined in Section 2-
11.1(b)(8) of the County Code, shall be allowed to receive any additional
County contracts, purchase orders or extensions of County contracts until
either the arrearage has been paid in full or the County has agreed in
writing to a payment schedule. Failure to meet the tenors and conditions
of any obligation or repayment schedule shall constitute a default of the
subject contract and may be cause for suspension, termination and
debarment, in accordance with the terms of the contract and the
debarment procedures of the County.
1.4 MODIFICATION OR WITHDRAWAL OF A BID
A. Modification of a Bid
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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
A bid shall be irrevocable unless the bid is withdrawn as provided herein.
Only written letter received by the Clerk Of The Board prior to the bid
opening date may withdraw a bid. A bid may also be withdrawn ninety
(90) days after the bid was opened and prior to award, by submitting a
letter to the contact person identified on the front cover of this bid
solicitation. The withdrawal letter must be on company letterhead and
signed by an authorized agent of the bidder.
1.5 EVALUATION OF A BID
A. Rejection of Bid
(1) The County may reject any bidder's Proposal and award to the next lowest
responsivelresponsible bidder or may reject and re -advertise for all or any
part of this bid solicitation, whenever it is deemed in the b6st 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. Bankruptcy
(1) Any vendor who, at the time of bid submission, is involved in an ongoing
bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution
proceeding, or if a trustee or receiver has been appointed over all or a
substantial portion of the property of the vendor under federal bankruptcy
law or any state insolvency law, may be declared non -responsible.
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(2) The County reserves the right to terminate this contract, if, during the term
of any contract the vendor has with the County, he/she becomes involved
as a debtor in a bankruptcy proceeding, or becomes involved in a
reorganization, dissolution, or liquidation proceeding, or if a trustee or
receiver is appointed over all or a substantial portion of the property of the
vendor under federal bankruptcy law or any state insolvency law.
C. Bidder's Past Performance
Pursuant to County Ordinance No. 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.
D. Elimination from Consideration
This bid solicitation shall not be awarded to any person or firm which is in
arrears to the County upon any debt, taxes or contracts which are defaulted
as surety or otherwise upon any obligation to the County.
E. Waiver of Informalities
The County reserves the right to waive any informalities or irregularities
in this bid solicitation.
F. Demonstration of Competency
(1) A bid will only be considered from a firm that 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 solicitation.
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(4) The Count -y reserves the right to audit ail , 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.
G. Copy of Bid Tabulation
The bidder who desires to receive a copy of the bid tabulation shall
enclose a self-addressed/stamped envelope (correct size of envelope and
postage is a must depending on the amount of information involved) when
submitting its bid proposal. Bid results will not be given out by telephone
or facsimile.
1.6 AWARD OF BID SOLICITATION
A. Contract
This bid solicitation, any addenda and/or properly executed modifications,
the purchase order (if issued), and a change order (if applicable),
constitute the entire contract.
B. Tie Bid
The Director of Bids and Contracts or designee, and according to County
Resolution 1574-88 will decide any tie bid.
C. Additional Information
The award of this bid solicitation may be preconditioned on the
subsequent submission of other documents, as specified in the Special
Conditions or Technical Specifications. The successful bidder shall be in
default of its contractual obligation if such documents are not submitted in
a timely manner and in the form required by the County. Where the
successful bidder is in default of the contractual requirements, the County,
through action taken by the Department of Procurement Management,
Bids & Contacts Division, may rescind the award.
D. Term of Contract
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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. Wan-anty
Any implied warranty granted under the Uniform Commercial Code shall
apply to all goods purchased under this bid solicitation.
G. Estimated Quantities
Estimated quantities or estimated dollars, if provided, are for bidder's
guidance only. No guarantee is expressed or implied as to quantities or
dollars that will be used during 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. The County for purposes
of determining the low bidder meeting specifications may use said
estimates.
H. Non -Exclusive Contract
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 terns,
conditions and awards rendered under this bid solicitation, unless such
purchases are determined to be in the best interest of the County.
I. Local Preference
The award of this bid solicitation is subject to County Ordinance No.
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01-21 which, except where Federal or State law mandates to the contrary,
allow preference to be given to a local business. For the purposes of the
applicability of this Ordinance, "local business" means the bidder, as of
the date of the bid opening, has a valid occupational license issued by
Miami -Dade County to do business in Miami -Dade County, that
authorizes the bidder to provide the goods, services or construction to be
purchased, and has a physical business address located within the limits of
Miami -Dade County from which the vendor operates or performs
business. A Post Office Box can not be used to establish a physical
address.
When a responsive, responsible non -local business submits the lowest
price bid, and the bid submittal by one or more responsive, responsible
local businesses is within 5% of the price submitted by the non -local
business, then the non -local business and each of the aforementioned local
businesses shall have the opportunity to submit a best and final bid equal
to or lower than the amount of the low bid previously submitted by the
non -local business. The best and final bid will be requested by the County
within five working days of the bid opening. In the case of a tie in the best
and final bid between a local business and a non -local business, contract
award shall be made to the local business.
J. Limited Contract Extension
Any specific work assignment which commences prior to the termination
date of the contract and which will extend beyond the termination date
including any previous contract extension(s) shall, unless terminated by
mutual written agreement by both parties, continue until completion at the
same prices, terms and conditions as set forth in this bid solicitation.
1.7 BID PROTEST
A recommendation for contract award or rejection of award may be protested by a bidder or
proposer in accordance with the procedures contained in Sections 2-8.3 and 2-8.4 of the County
Code, as amended, and as established in Administrative Order No. 3-21.
As a condition of initiating any bid or proposal protest, the protester shall
present to the Clerk of the Board a non-refundable filing fee payable to the
Clerk of the Board in accordance with the schedule provided below.
Award Amount
Filing Fee
$25,001- $100,000
$500
$100,001- $500,000
$1,000
$500,001- $5 million
$3,000
over $5 million
$5,000
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Any question, issue, objection or disagreement concerning, generated by,
or arising from the published requirements, terms, conditions or processes
contained or described in the solicitation document shall be deemed
waived by the- protester and shall be rejected as a basis for a bid or
proposal protest unless it was brought by that bidder or proposer to the
attention, in writing, of the procurement agent, buyer, contracting officer
or other contact person in the County department that issued the
solicitation document, at least two working days (not less than 48 hours)
prior to the hour of bid opening or proposal submission.
The foregoing notwithstanding, the protest may not challenge the relative
weight of the evaluation criteria or the formula specified for assigning
points therefore contained in bid, request for proposals ("RFP") or request
for qualifications ("RFQ") specifications which have been approved by
the Board of County Commissioners.
All protests shall be submitted in writing to the Clerk of the Board and
shall state with particularity the specific facts and grounds on which it is
based, and shall include all pertinent documents, and evidence and shall be
accompanied by the corresponding filing fee. This shall form the basis for
review of the protest and no other facts, grounds, documentation or
evidence not contained in the protester's submission to the Clerk of the
Board at the time of filing the protest shall be permitted in the
consideration of the protest, except for such additional evidence as is
allowed during the course of the protest proceedings.
A. Award Recommendations Over $100,000
Award recommendations for contracts and purchases involving the
expenditure of over $100,000 will be in writing, signed by the issuing
department to each competing bidder or proposer announcing the
proposed award, and a copy shall be deposited with the Clerk of the Board
on the same day it is mailed. The bidder or proposer must file a protest
with the Clerk of the Board within ten (10) working days of the date of the
award recommendation letter. Within two (2) working days of that filing,
the protester shall supply the County Attorney and each bidder or proposer
in the competitive process with a true copy of each document that was
filed with the protest. A hearing examiner shall be appointed to hear the
protest and submit a written report and recommendation to the County
Manager within twenty (20) working days of the filing of the protest
(maximum 25 working days if hearing examiner consents to extension
request).
Failure to timely file the written protest shall constitute a waiver of the
right to protest the award recommendation.
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B. Award Recommendations Over $25,000 and up to $100,000
Award recommendations for contracts and purchases involving the
expenditure of over $25,000 up to and including $100,000 shall be posted
by 9:00 a.m., every Monday in the lobby of the Stephen P. Clark Center,
111 NW 1s` Street, Miami, FL 33128. Such recommendations shall be in
writing and shall identify the bidder or proposer to whom the award is
being recommended and the basis therefore. It is the responsibility of the
bidder or proposer to monitor such bulletin after bid opening or proposal
submission to ascertain that a recommendation for award has been made.
Participants can call the Awards Line at 305-375-4724 or (800) 510-4724,
or contact the person identified on the cover page of the solicitation.
The bidder or proposer must file a protest with the Clerk of the Board
within five (5) working days of the posting of the award recommendation,
together with the $500 nonrefundable filing fee. Award recommendations
for which a protest is not received within the five (5) working day period
shall be awarded in accordance with the department's recommendation.
Not later than twenty (20) working days from the filing of the protest, the
Director of the issuing department shall review the written
recommendation for award and the written protest, and after consultation
with the County Attorney, issue a recommendation to the County Manager
for final disposition of the protest.
The department shall provide an opportunity to settle the protest by mutual
agreement within five (5) working days of the filing of the protest.
C. Award Recommendations $25,000 and Less
Award recommendations for contracts and purchases involving the
expenditure of $25000 or less are considered final and may not be
protested.
1.8 CONTRACTUAL OBLIGATIONS
A. Rules, Regulations, 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
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MIAMI -DADS COUNTY BID NO.:6941-2/04-OTR-CW
In accordance with the requirements of Ordinance 98-30, all firms with
annual gross revenues in excess of $5 million, seeking to contract with
Miami -Dade County shall, as a condition of award, have a written
Affirmative Action Plan and Procurement Policy on file with the County's
Department of Business Development. Said firms must also submit, as a
part of their proposals/bids to be filed with the Clerk of the Board, an
appropriately completed and signed Affirmative Action Plan/Procurement
Policy Affidavit. Firms whose Boards of Directors are representative of
the population make-up of the nation are exempt from this requirement
and must submit, in writing, a detailed listing of their Boards of Directors,
showing the race or ethnicity of each board member, to the County's
Department of Business Development. Firms claiming exemption must
submit, as a part of their proposals/bids to be filed with the Clerk of the
Board, an appropriately completed and signed Exemption Affidavit in
accordance with Ordinance 98-30. These submittals shall be subject to
periodic reviews to assure that the entities do not discriminate in their
employment and procurement practices against minorities and women -
owned businesses.
It will be the responsibility of each firm to provide verification of their
gross annual revenues to determine the requirement for compliance with
the Ordinance. Those firms that do not exceed $5 million annual gross
revenues must clearly state so in their bid proposal.
Any bidder/respondent which does not provide an affirmative action plan
and procurement policy may not be recommended by the County Manager
for award by the Board of County Commissioners.
(See Appendix - Section 1)
C. Conditions of Material and 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)
(3) All goods furnished shall be fully guaranteed by the successful bidder
against factory defects and workmanship. The successful bidder at no
expense to the County shall correct any defects, which may occur within
the period of the manufacturer's standard, and/or any implied warranty.
The Special Conditions may supersede the standard manufacturer's
warranty.
D. Subcontracting
(1) Unless otherwise specified in this bid solicitation, the successful bidder
shall not subcontract any portion of the work without the prior written
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consent of the County. The ability to subcontract may be further limited
by the Special Conditions. Subcontracting without the prior consent of the
County may result in termination of this bid solicitation for default.
(2) Quarterly reporting when a subcontractor is utilized: The successful bidder
is advised that when a subcontractor is utilized to fulfill the terms and
conditions of this bid solicitation, County Resolution No. 1634-93 will
apply to this bid solicitation. This resolution requires the successful bidder
to file quarterly reports as to the amount of contract monies received from
the County and the amount that have been paid by the successful bidder
directly to certified Black, Hispanic and Women -Owned businesses,
performing part of this bid solicitation work. Additionally, the listed
businesses are required to sign reports, verifying their participation in this
bid solicitation work and their receipt of such monies. The requirements of
this resolution shall be in addition to any other reporting requirements by
Federal, State or local laws, ordinances or administrative orders.
(3) Where subcontracting is permitted, the successful bidder shall obtain
written consent of the County prior to utilizing the subcontractor. All
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
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MIAMI-DADE COUNTY BID NO.:6941-2/04-OTR-CW
listing submitted with the bid or proposal except upon written approval of
the County. (See Appendix - Section 1)
NOTE: ORDINANCE NO. 97-104 REQUIRES A
BID OR PROPOSAL FOR A COUNTY OR
PUBLIC HEALTH TRUST CONTRACT
INVOLVING THE EXPENDITURE OF $100,000
OR MORE INCLUDE A LISTING OF
SUBCONTRACTORS AND SUPPLIERS WHO
WILL BE USED ON THE CONTRACT, AND
PROVIDES FAILURE TO INCLUDE THE
REQUIRED LISTING SHALL RENDER THE BID
OR PROPOSAL NON-RESPONSIVE. THE
REQUIRED LISTING MUST BE SUBMITTED
AND SIGNED EVEN THOUGH THE BIDDER OR
PROPOSER WILL NOT UTILIZE
SUBCONTRACTORS OR SUPPLIERS ON THE
CONTRACT. IN THE LATTER CASE, THE
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;
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C) Provides local subcontractors access to information
necessary to prepare and formulate a subcontracting
bid;
d) Allows local subcontractors to meet with
appropriate personnel of the bidder to discuss the
bidder's requirements; and
e) Awards subcontracts based on full and complete
consideration of all submitted proposals and in
accordance with the bidder's stated objectives.
All bidders/respondents seeking to contract with the County shall, as a
condition of award, provide a statement of their subcontracting policies
and procedures. Bidders/Respondents who fail to provide a statement of
their policies and procedures may not be recommended by the County
Manager for award by the Board of County Commissioners."
(See Appendix — Section 1)
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. Deliv
Unless otherwise specified in this bid solicitation, prices quoted shall be
F.O.B. Destination with freight included in the proposed price.
G. Employee is the Responsibility of the Successful Bidder
The employee of the successful bidder shall be considered to be, at all
times, employee of the successful bidder under its sole direction and not
an employee or agent of the County. The successful bidder shall supply a
competent and physically capable employee. The County may require the
successful bidder to remove an employee it deems unacceptable. Each
employee shall wear proper identification.
H. Indemnification of County by the Successful Bidder
The successful bidder shall indemnify and hold harmless the County and
its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorney's fees and costs of defense,
which the County or its officers, employees, agents or instrumentalities
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may incur as a result of claims, demands, suits causes of actions or
proceedings of any kind or nature arising out of, relating to or resulting
from the performance of the Agreement by the successful bidder or its
employees, agents, servants, partners, principals or subcontractors. The
successful bidder shall pay all claims and losses in connection therewith,
and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of the County, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which
may issue thereon. The successful bidder expressly understands and agrees
that any insurance protection required by this Agreement or otherwise
provided by the successful bidder shall in no way limit the responsibility
to indemnify, keep and save harmless and defend the County or its
officers, employees, agents and instrumentalities as herein provided.
I. 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.
J. Collusion
Bids from related parties. Where two (2) or more related parties each
submit a bid or proposal for any contract, such bids or proposals shall be
presumed to be collusive. The foregoing presumption may be rebutted by
presentation of evidence as to the extent of ownership, control and
management of such related parties in the preparation and submittal of
such bids or proposals. Related parties mean bidders or proposers or the
principals thereof which have a direct or indirect ownership interest in
another bidder or proposer for the same contract or in which a parent
company or the principals thereof of one (1) bidder or proposer have a
direct or indirect ownership interest in another bidder or proposer for the
same contract. Bids or proposals found to be collusive shall be rejected.
Bidders or Proposers who have been found to have engaged in collusion
may be considered non -responsible, and may be suspended or debarred,
and any contract resulting from collusive bidding may be terminated for
default.
1.9 MODIFICATION OF THE CONTRACT
The contract may be modified by unilateral action of the County or by mutual consent, in
writing, and through the issuance of a modification to the contract, purchase order, change
order or award sheet, as appropriate.
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MIAMI -DARE COUNTY
TERMINATION OF CONTRACT
A. Termination for Convenience
BID NO.:6941-2/04-OTR-CW
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
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 further sanction may terminate or
cancel any other contracts with such individual or other entity. Such
individual or entity shall be responsible for all direct or indirect costs
associated with such termination or cancellation, including attorney's fees.
Notwithstanding, any individual or entity who attempts to meet its
contractual obligations with the county through fraud, misrepresentation
or material misstatement may be disbarred from county contracting for up
to five (5) years.
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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.
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SECTION 2.0 SPECIAL CONDITIONS
TENNIS AND SPORTS COURT REPAIR AND RENOVATION
2.1 PURPOSE: TO ESTABLISH A CONTRACT FOR THE COUNTY:
The purpose of this Invitation To Bid is to establish a contract for the purchase of Tennis
and Sports Court Repair and Renovation in conjunction with the County's needs on an as
needed when needed basis.
2.2 Intentionally Omitted
2.3 Intentionally Omitted
2.4 TERM OF CONTRACT: TWELVE (12) MONTHS
This contract shall commence on the first calendar day of the month succeeding approval
of the contract by the Board of County Commissioners, or designee, unless otherwise
stipulated in the Notice of Award Letter which is distributed by the County's Department
of Procurement Management, Bids & Contracts Division; and contingent upon the
completion and submittal of all required bid documents. The contract shall remain in
effect for Twelve (12) months and upon completion of the expressed and/or implied
warranty period.
2.5 OPTION TO RENEW (2) TWO YEARS (With Price Adjustment)
The prices for a one (1) year period from effective date shall be consistent with the
provisions outlined in section 2.7 of these special terms and conditions; at which time
Dade County shall have the option to renew for an additional two (2) years on a year to
year basis. At that time Dade County will consider an adjustment to price based on CPI,
wage earners, Miami- Ft. Lauderdale. It shall be further understood that the County
reserves the right to reject any price adjustments submitted by the bidder and/or to
terminate the contract with the bidder based on such price adjustments. Continuation of
the contract beyond the initial period is a County prerogative; not a right of the bidder.
This prerogative may be exercised only when such continuation is clearly in the best
interest of the County.
In the event that the bidder declines the County's right to exercise the option
period, the County will consider the successful bidder in default and affect its
eligibility for future contracts.
NOTE: SHOULD THE COUNTY EXERCISE THE OPTION TO
RENEW, IT SHALL BE ONLY FOR THOSE ITEMS
ORIGINALLY AWARDED.
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2.8
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METHOD OF AWARD
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BID NO.: 6941 -2/04 -OTR -CW
Award to all responsive, responsible Bidders who meet or exceed the minimum
qualifications established in section 3 shall be placed on a list of pre -qualified Con-
tractors who will be contacted by the County. The County shall be the sole determiner of
who meets the minimum qualifications. The County at its sole option may reopen the
qualification process should at any time during the contract term, there be less than three
(3) pre -qualified GC Contractors, or Specialty Trade Contractors.
' _1*1 Lei
Price quotes by Contractor(s) shall be in the form of a lump sum (unless notified other
wise) and includes all labor, materials, and equipment, and any other items identified by
the Conuty in the request for quotations, necessary to perform the work. The County shall
notify the contractors at the time of requesting quotations as to the requirements for work,
including, but not limited to; time for completing the work, pre -quote meeting and/or site
visit, if the County will pull permits, liquidated damages (if applicable), if the work is to
be performed at night, or weekends, etc.
All contractors shall submit a list of wage rates to be paid to each trade classification of
the project, with the amount of health benefits paid in cash, or a copy of health policy.
The County, at its sole discretion, may reject quotations where the County determines
that the Contractor(s) has submitted a price that is insufficient to perform the work or is
in excess of the County's estimate to perform the work.
Intentionally Omitted
Intentionally Omitted
County Damages in Case Of Delay
The Contractor is obligated and guarantees to meet the stipulated completion date(s) set
forth in the RPQ. In the event of a delay in substantial completion beyond the date set
forth in the RPQ, as such time may be extended by the County as provided in this
contract, the County shall be paid for damages for such delay. In as much as the amount
of such damages and the loss to the County will be extremely difficult to ascertain, it is
hereby expressly agreed that such damages will be liquidated and paid as follows:
The Contractor shall pay to the County for each and every day of unexcused delay,
except Sundays and Holidays, the sum specified in the applicable RPQ, which is hereby
agreed upon not as a penalty but as liquidated damages.
The county shall have the right to deduct such liquidated damage assessments from any
monies due or which may thereafter become due to the Contractor under this contract;
and in case the amount which may become due hereunder shall be less than the amount of
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liquidated damages due the County, The Contractor shall pay the difference upon demand
by the County.
Should the Contractor not pay the difference to the County, the County may also deny the
Contractor any future work under this contract or any other County contract until such
difference is paid to the County.
2.11 INDEMNIFICATION AND INSURANCE - (6) -CONSTRUCTION RELATED
CONTRACTS
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 fiunish to Bid Section, Metropolitan Dade County, c/o
Procurement Management Division, 111 N.W. 1st Street, Suite 2350, Miami,
Florida 33128-1989, Certificate(s) of Insurance which indicate that 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 on a comprehensive basis in an amount not less than
$300,000 combined single limit per occurrence for bodily injury and
property damage. Policy shall be endorsed to include Broad Form
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
$100,000 combined single limit per occurrence for bodily injury and
property damage.
The insurance coverage required shall include those classifications, as listed in
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MIAMI-DADE COUNTY BID NO.: 6941 -2/04 -OTR -CW
standard liability insurance manuals, which most nearly reflect the operaticns 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 W 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 advance 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 insurance
documents within fifteen (15) calendar days after Board of County Commission
approval. If the insurance certificate is received within the specified time frame
but not in the manner prescribed in this Invitation To Bid, the Bidder shall be
verbally notified of such deficiency and shall have an additional five (5) calendar
days to submit a corrected certificate to the County. If the Bidder fails to submit
the required insurance documents in the manner prescribed in this Invitation To
Bid within twenty (20) calendar days after Board of County Commission
approval, the Bidder shall be in default of the contractual terms and conditions
and shall not be awarded the contract. Under such circumstances, the Bidder may
be prohibited from submitting future Proposal to the County in accordance with
Section 1.0, para 1.6 of the General Terms and Conditions.
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MIAMI-DADE COUNTY
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BID NO.: 6941 -2/04 -OTR -CW
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.
Intentionally Omitted
Intentionally Omitted
CERTIFICATE OF COMPETENCY
In accordance with the Code of Metropolitan Dade County, Florida, Section 10-3 (B),
any person, firm, corporation or joint venture who shall bid or proffer a bid shall, at the
time of such bid or proffer of bid, hold a valid Certificate of Competency for Tennis and
Sport Court work issued by the State or County Examining Board qualifying said person,
firm, corporation or joint venture to perform the work proposed. If work for other trades
is required in conjunction with this Bid Solicitation and will be performed by a
subcontractor(s), an applicable Certificate of Competency issued to the subcontractor(s)
shall be submitted with the Bidder's proposal; provided, however, that the County may at
its option and in its best interest allow the Bidder to supply the to the County during the
bid evaluation period.
METHOD OF PAYMENT: INVOICE MATCHED TO WORK ORDER
The successful Bidder(s) shall submit an invoice which reflects the appropriate purchase
order number and work location to the County using department that issued a Work
Order to the Bidder(s). The date of the invoice shall not exceed thirty (30) calendar days
from the completion and acceptance of the work requested through the Work Order.
Under no circumstances shall the invoice be submitted to the County in advance of the
completion and acceptance of the work. The invoice shall reference the corresponding
Work Order number.
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2.16 Intentionally Omitted
2.17 Intentionally Omitted
2.18 Intentionally Omitted
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BID NO.: 6941 -2/04 -OTR -CW
2.19 GUARANTEE AGAINST DEFECTS SHALL BE Three Hundred Sixty -Five (365)
CALENDAR DAYS
The bidder shall, in addition to all other guarantees, be responsible for faulty labor and
defective material and equipment within a period of Three Hundered Sixty -Five (365)
calendar days after date of acceptance of the labor, material and/or equipment by the
County. The bidder shall promptly correct these deficiencies, without cost to the County,
within five (5) calendar days after the County notifies the bidder of such deficiencies in
writing. Payment in full for the work does not constitute a waiver of guarantee.
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MIAMI-DADE COUNTY BID NO.: 6941 -2/04 -OTR -CW
2.20 CONTACT PERSONS:
For any additional information regarding the specifications and requirements of this
contract, Contact: Edward Mason,CPPB at (305) 375-3900.
2.21 COUNTY -WIDE
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 here from, will establish its own 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 to
governmental, not for profit or quasi governmental entity; OTHER THAN MIAMI-
DADE COUNTY, resulting from this contract or any contract resulting from this
solicitation and the utilization of the County contract price and the terms and conditions
identified herein.
Vendors shall be required to furnish the attached Quarterly Surcharge Payment Report in
a timely manner. Quarterly reports and all applicable payments must be submitted to
Department of Procurement Management (DPM)/Administrative and Fiscal Division, no
later than 15 days after the end of each quarter, regardless of the value of sales during the
preceding quarter.
By submission of these sales summary reports and corresponding surcharge fees, the
vendor is attesting to their correctness. All such reports and fees shall be subject to audit
by Miami -Dade County.
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MIAMI-DADE COUNTY BID NO.: 6941 -2/04 -OTR -CW
Failure to submit the following Quarterly Surcharge Payment Report and make
applicable payments in a timely manner, may result in termination or cancellation of
contract with the non -conforming vendor and any and all remedies relating to the
collection of such fees shall be enforceable. Additionally, any re -procurement charges
may be -charged to the vendor in default. Willful failure or falsification of sales reports or
failing to make timely payments of the surcharge fee shall constitute sufficient cause for
terminating the contract for cause of the non -conforming vendor.
02
:
6
6F
MIAMI-DADE COUNTY BID NO.: 6941 -2104 -OTR -CW
MIAMI -DADS COUNTY
Department of Procurement Management (DPM)
111 N.W. 1st Street
Suite 2350
MIAMI, FLORIDA, 33128
(305) 375-5289
Vendor Instructions for Completing Quarterly Surcharge Payment Report:
1) Complete section 1, 2, 3, and sign form.
2) Enter amount of total amount paid with this summary.
4) Make check payable to Board of County Commissioners.
5) Attach check to report form and remit to:
Department of Procurement Management (DPM)
Administrative and Fiscal Division
111 NW 1 st Street
Suite 2350
Miami, FL 33128
NOTE: Quarterly report must be submitted to Department of Procurement Management
(DPM)/Administrative and Fiscal Division, no later that 15 days after the end of each quarter,
regardless of the value of sales during the preceding quarter.
Start of Quarter
Report/Check (If Applicable)
Due
I" Quarter — January 1— March 31
April 15
2nd Quarter - April 1 - June 30
July 15
3rd Quarter - July 1 - September 30
October 15
4th Quarter - October 1 - December 31
January 15
02- 788
3
MIAMI-DADE COUNTY BID NO.: 6941 -2/04 -OTR -CW
MIAMI-DADE COUNTY
Department of Procurement Management
Administrative and Fiscal Division
111 NW 1 st Street
Suite 2350
Miami, Florida 33128
(305) 375-5289
QUARTERLY SURCHARGE PAYMENT REPORT
SECTION 1- Vendor/Contract Information: Date Submitted
Vendor Name FEIN #
Address
City State Zip Code
Contact Person
FAX#
Contract#
Tile
Phone# _
E -Mail
SECTION 2 - Applicable Reporting Period: (Check One)
Jan. 1 - March 31 []July 1 - Sept. 30 April 1 - June 30 Oct. 1 - Dec. 31
(1 s' Quarter) (2°d Quarter) (3 `d Quarter) (4`h Quarter)
SECTION 3 - Summary:
1) Total Sales this Quarter $
2) 2% of all sales related to contract $
Total due to County for this quarter (LINE 2) S
By submission of this Quarterly Surcharge Payment Report and corresponding surcharge fees,
I certify the correctness of the information. I understand
that all reports and fees may be subject to an audit by Miami -Dade County or designee.
Authorized Signature
Title/Position Held
10
Date
o2 Q) S "
MIAMI-DADE COUNTY
BID NO.: 6941 -2/04 -OTR -CW
IMPORTANT NOTICE TO VENDORS
This bid contains contractual language which allows municipal and quasi -governmental entities
to access the terms and conditions of the contract. After award the following entities will receive
copies of our contract Award Sheet. Please feel free to contact the Purchasing Agents listed
below to promote the usage of the commodities or services that you were awarded.
COUNTY -WIDE KEY CONTACT LIST
TOWN OF BAY HARBOR ISLANDS
ATTN: Joseph Fox
Sup. Public Works
9665 Bay Harbor Terrace
Bay Harbor Islands, FL 33154
(305) 866-6241
CITY OF CORAL GABLES
Att: Wayne Moody, Sr. Buyer
340 San Lorenzo Avenue
Coral Gables, Florida 33146
(305) 460-5102
CITY OF HIALEAH
Att: Manuel Rodriguez
501 Palm Avenue Room 304
Hialeah, Florida 33011
(305) 883-5865
CITY OF HOMESTEAD
Att: Purchasing Director
790 Homestead Blvd.
Homestead, Florida 33030-6299
(305) 247-1801, Ext. 188
CITY OF MIAMI BEACH
Att: Michael Rath
Procurement Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7490
CITY OF NORTH MIAMI BEACH
Att: Lynn Gribble
Purchasing Agent
17011 N.E. 19th Avenue
North Miami Beach, Florida 33162
(305) 948-2976
TOWN OF SURFSIDE
Att: Jeffrey I. Naftal,Town Clerk
9293 Harding Avenue
Surfside, Florida 33154
(305) 861-4863
CITY OF BOYNTON BEACH
Att: Lana Koester, Purchasing Agent
P.O. Box 310
Boynton Beach, Florida 33425-0310
(407) 738-7415
VILLAGE OF KEY BISCAYNE
Att: Tom Zannis, Finance Director
85 W. McIntry Street
Key Biscayne, FL 33149
(305) 365-8903
VILLAGE OF VIRGINIA GARDENS
Att: Paul Bithorn, Mayor
6498 N.W. 38th Terrace
Virginia Gardens, FL 33166
(305) 871-6104
11 02- 788
MIAMI-DADE COUNTY
THE CITY OF MIAMI
Att: Judy S. Carter, Director
Purchasing Department
400 S.W. 2nd Avenue, 16th Floor
Miami, FL 33130
(305) 579-6845
CITY OF NORTH MIAMI
Att: Pam Thompson, Director
Purchasing Department
P.O. Box 610847
North Miami, Florida 33261-0847
(305) 893-6511, Ext. 2135
CITY OF AVENTURA
Att: Glen Marcos
2999 NE 191 st Street
Aventura, FL 33187
(305) 466-8900
CITY OF NORTH BAY
VILLAGE -POLICE DEPT.
Att: F.B. Dunphy, Chief of Police
7903 East Drive
North Bay Village, FL 33141
(305) 758-2626
MIAMI DADE COMMUNITY COLLEGE
Att: Linda Pagliaro
Director of Purchasing
11011 S.W. 104th Street
Miami, FL 33176
(305) 237-2400
CITY OF OPA-LOCKA
Att: Rona M. Sandler
Purchasing Director
12950 Lejune Rd
Opa-Locka, FL 33054
(305) 953-2825
00
BID NO.: 6941 -2/04 -OTR -CW
UNIVERSITY OF MIAMI
Att: Susan Montes
Director of University Purchasing
P.O. Box 248184
Coral Gables, FL 33124
(305) 243-3464
INDIAN CREEK VILLAGE
Att: Melissa Garcia
Purchasing Department
9080 Bay Drive
Indian Creek, FL 33154
(305) 3654121
CITY OF HALLANDALE
Att: E. Dent McGough, Director
Central Services Department
400 S. Federal Highway
Hallandale, Florida 33009
(954) 457-1331
MIAMI SHORES VILLAGE
Att: John Rumble/Scott Davis
Purchasing Department
1701 N.W. 103 Street
Miami Shores, FL 33147
(305) 795-2210
CITY OF DEERFIELD BEACH
Att: Donna M. Council
Purchasing Agent
210 Goolsby Blvd.
Deerfield, Florida 33442
(954) 480-4380
DADE COUNTY PUBLIC SCHOOLS
Att: Joe Gomez, Director
Division of Procurement Mgt.
1450 N.E. 2nd Avenue
Miami, Florida 33432
(305) 995-1364
12 02-
788
6 op
MIAMI-DADE COUNTY BID NO.: 6941 -2/04 -OTR -CW
CITY OF OAKLAND PARK CITY OF MIAMI SPRINGS
Att: Larry Fagen, Att: John M. Benson
Purchasing Agent Purchasing Director
3650 N.E. 12th Avenue 201 Westward Drive
Oakland Park, FL 33334 Miami Springs, FL 33166
(305) 561-6105 (941) 339-6260
BAL HARBOUR VILLAGE CITY OF HOLLYWOOD
Att: Purchasing Agent Att: John L. Weyrauch
655 96th Street P.O. Box 229045
Bal Harbour, Florida 33154 Hollywood, Florida 33022-9045
(305) 866-4633 (954) 921-3210
BROWARD COMMUNITY COLLEGE
CITY OF MARGATE
Att: Janet Rickenbacker
Att: Patricia Greenstein
Purchasing Director
Purchasing Agent
225 E. Las Olas Blvd.
5790 Margate Blvd.
Ft. Lauderdale, FL 33301
Margate, FL 33063
(954) 761-7455
(954) 972-6454
BROWARD COUNTY CITY OF SOUTH MIAMI
Att: Glenn R. Cummings Att: Kathy Vazquez
Purchasing Director Purchasing Director
115 So. Andrews Ave. Room 212 6130 Sunset Drive
Ft. Lauderdale, FL 33301 South Miami, FL 33143
(954) 357-6070 (305) 663-6339
DEPARTMENT OF OFF STREET PARKING JACKSON MEMORIAL HOSPITAL
Purchasing Office
Purchasing Office
Att: Carlos Vilches
Att: Tom Przybyski, Director
190 N.E. 3 Street
1611 N.W. 12th Ave.
Miami, FL 33132
Miami, FL 33136
(305) 373-6789
(305) 585-2289
SOUTH FL. WATER MGT DISTRICT CITY OF WEST PALM BEACH
Att: Julie Stern Att: Purchasing Manager
Procurement & Contract Admin. 1045 Charlotte Ave.
3301 Gun Club Road West Palm Beach, FL 33401
West Palm Beach, FL 33406 (407) 659-8036
(407) 686-8800
02-
13
40
MIAMI-DADE COUNTY
STATE OF FLORIDA DADE COUNTY
DEPARTMENT OF HEALTH
Att: Donald E. Young
Purchasing Agent I
1350 N.W. 14th Street,
Bldg. 1, Room 202
Miami, FL 33125
(305) 324-2416
BROWARD COUNTY SHERIFF'S OFFICE
Att: Leslie A. Dell
2601 W. Broward Boulevard
Fort Lauderdale, FL 33312
(954)831-8170
CITY OF FLORIDA CITY
Att: Sonia Young Hernandez
404 W. Palm Drive
Florida City, FL 33034
(305) 247-8221, Ext. 124
TOWN OF GOLDEN BEACH
Interim Town Manager
1 Golden Beach Drive
Golden Beach, FL 33160
(305) 932-0744, Ext. 21
DORIS ISON SOUTH DADE COMMUNITY
HEALTH CENTER
Att: Ivory L. Williams, Pro. Spec.
10300 S.W. 216th Street
Miami, FL 33190
(305) 253-5100
CITY OF WEST MIAMI
Att: Yolanda Aguilar,
City Manager
901 S.W. 62nd Avenue
West Miami, FL 33144
(305) 266-1122
14
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BID NO.: 6941 -2/04 -OTR -CW
CITY OF PEMBROKE PINES
Att: David E. Fitzgerald,
Buyer
P.O. Box 9000
Pembroke Pines, FL 33084
(954) 435-6717
TRI -COUNTY RAIL AUTHORITY
Att: Jane Davis -Ember
Purchasing Department
305 South Andrews Avenue
Fort Lauderdale, FL. 33301
(954)728-8512
TOWN OF DAVIE
Att: Herb Hyman,
Procurement Manager
6591 Orange Drive
Davie, FL 33314
(954) 797-1016
CITY OF SUNRISE
Att: Marsha Peterson
10770 W. Oakland Park Blvd.
Sunrise, FL 33351
(954) 572-2274
CITY OF RIVIERA BEACH
Att: Veronique Rellford
Purchasing Director
2391 Ave. "L"
Riviera Beach, FL 33404
(407)845-4180
PALM BEACH COUNTY SHERIFF'S OFFICE
Att: Lisette Alfonso
Purchasing Manager
415 Gator Dr
Lantana, F133462
(407) 533-1225
A
MIAMI-DADE COUNTY
CITY OF BOCA RATON
Att: Carol Thomas,
Purchasing Manager
201 W Palmetto Park Rd
Boca Raton, FL 33432
(407) 393-7876
6r
BID NO.: 6941 -2/04 -OTR -CW
CITY OF POMPANO BEACH
Att: Ernie Siegrist,
General Servs. Director
P.O. Drawer 1300
Pompano Beach, FL 33061
(954) 786-4098
CITY OF MIAMI SPRINGS CITY OF SUNNY ISLES BEACH
Att: John M. Benson ATTN: Charlene Coletta
201 Westward Drive 17070 Collins Ave., Suite 250
Miami Springs, FL 33166 Sunny Isles Beach, FL 33160
(954)885-4581 (305)947-0606
2.22 ACCIDENT PREVENTION AND REGULATIONS:
Precautions shall be exercised at all times for the protection of persons and property. All
Contractors and Sub -Contractors shall conform to all OSHA, State and County
regulations while performing under the Terms and Conditions of this contract. Any fines
levied by the above mentioned authorities because of inadequacies to comply with these
requirements shall be borne solely by the bidder responsible for same.
2.23 CLEAN-UP
All unusable materials and debris shall be removed from the premises. At completion,
the successful bidder shall thoroughly clean up all areas where work has been involved as
mutually agreed with the Department Project Manager.
2.24 COST ESTIMATES FOR EACH PROJECT
The successful bidder(s) shall be required to submit a written estimate on each
prospective project before a work order is issued. The estimate must reflect the regular
hourly wages for each classification represented in this bid and the percentage discounts
or mark-ups for materials and equipment that were quoted by the bidder on its Bid Pro-
posal form. The estimate shall be itemized by the number of work hours per
classification and by the cost of materials and equipment. Lump sum estimates shall not
be accepted. The County reserves the right to award the project to the lowest bidder
based on the written estimate or to reject all estimates based on price and obtain the
required services from another source of supply. The actual charge to the County shall
not exceed ten percent (10%) of the Bidder's estimate without the expressed prior
approval from an authorized agent of the County.
15 02- 788
to
MIAMI-DADE COUNTY
2.25 EMERGENCY SERVICE:
BID NO.: 6941 -2/04 -OTR -CW
The successful bidder shall provide 24 hours, 7 days a week Emergency Service to the
County under the contract. During regular working hours (Monday through Friday, 8:00
A.M. to 5:00 P.M.) , Emergency Service response time shall be within three (3) hours
after notification by the County. During other than regular working hours, the emergency
response time shall be within six (6) hours after notification by the County, a minimum
labor charge of four (4) hours per employee responding to emergency calls other than
regular working hours shall be allowed.
2.26 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.
2.27 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
2.28 LIMITATION OF EXCLUSIVE CONTRACT SHALL BE $125,000.00 PER
PROJECT
Although the purpose of this Solicitation is to secure a contract that can satisfy the total
needs of the County or of a specific County agency, it is hereby agreed and understood
that this Solicitation does not constitute the exclusive rights of the successful Bidder(s) to
receive all orders that may be generated by the County in conjunction with this
Solicitation. Accordingly, the County reserves the right either to seek a separate bid for
any project exceeding $125,000.00 or to seek the services of the awarded bidder.
2.29 LOCAL OFFICE SHALL BE AVAILABLE
The Bidder shall maintain an office within the geographic boundaries of Dade or
Broward Counties, Florida. This office shall be staffed by a competent company
representative who can be contacted during normal working hours and who is authorized
to discuss matters pertaining to the contract.
02- 7S8
16
W
MIAMI-DADE COUNTY BID NO.: 6941 -2/04 -OTR -CW
2.30 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A WORK
ORDER:
The Bidder shall neither commence any work nor enter a County work premise until a
Work Order directing the Bidder to proceed with various items of work has been
received from any authorized County representative; provided however, that such
notification shall be superseded by any emergency work that may be specified in the
Special or Technical Specifications.
2.31 ORDINANCE 90-143 WILL APPLY:
Bidders are advised that Metropolitan Dade County Ordinance 90-143 will apply to this
contract and that the requirements of this ordinance are spelled out in the Supplemental
General Condition Section of the bid documents.
2.32 CLEARINGHOUSE FOR POSTING NOTICE OF JOB OPPORTUNITIES
RESOLUTION NO. 937-98:
The contractor is hereby advised of Resolution No. 937-98, CIearinghouse for Posting
Notice of Job Opportunities Resulting From the Construction of Improvements on
County Property. Should the contractor choose to participate in the clearinghouse the
procedures direct the contractor to deliver a total of fifty (50) photocopies of a notice of
job vacancy(ies) created as a result of this construction work to the Director of the
employee Relations Department, located at Stephen P. Clark Center, 111 NW 1s` Street,
Suite 2110, Miami, Florida 33128. The job vacancy notices should be delivered within
five (5) working days following award of contract. The Director of the Employee
Relations Department will in turn distribute said job announcements to all Miami -Dade
17 02" 788
0
MIAMI-DADE COUNTY BID NO.: 6941 -2/04 -OTR -CW
2.33 RELEASE OF CLAIM REQUIRED
Pursuant to Florida Statute 255.05 and Metropolitan Dade County Code Section 10-35,
all payments to the bidder's subcontractors shall be made within ten (10) days of receipt
of the draw by the bidder. With the exception of the first draw, the bidder must pay all of
its subcontractors and suppliers who have performed any work or supplied any materials
for the project within ten (10) days after receipt of the draw by the bidder for monies due
it as a result of a percentage of the work completed. The bidder must provide the
County's project manager with duly executed affidavits (subcontractor's statement of
satisfaction) or releases of claim from all subcontractors and suppliers who have
performed any work or supplied any materials for on the project as of that date. The
affidavit or releases shall certify that said subcontractors and suppliers have been paid
their proportionate share of all previous draws. In the event such affidavits cannot be
furnished, the bidder may submit an executed consent of surety to requisition payment;
identifying the subcontractors and suppliers with the amounts for which the statement of
satisfaction cannot be furnished. If the bidder fails to provide a consent of surety to
requisition payment, the amount in dispute will be withheld until either the statement of
satisfaction is furnished, or the consent of surety to requisition payment is furnished.
2.34 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.
2.35 SUPERINTENDENT SHALL BE SUPPLIED BY THE BIDDER
The successful Bidder shall employ a competent superintendent who shall be in
attendance at the project site during the progress of the work. The superintendent shall be
the primary representative for the Bidder and all communications given to and all
decisions made by the superintendent shall be binding to the Bidder. Notwithstanding, the
superintendent shall be considered to be, at all times, an employee of the Bidder under its
sole direction and not an employee or agent of Dade County.
02 7S
18
or,
n
MIAMI-DADE COUNTY BID NO.: 6941 -2/04 -OTR -CW
2.36 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.
2.37 WORK ORDERS SHALL BE GENERATED FOR EACH PROJECT
The County's authorized representative shall generate and issue a Work Order for each
project to be performed under this Solicitation and subsequent Contract. The Work Order
shall include the location, description and plans, if necessary, covering the scope of work
to be completed. The Work Order shall also include a cost estimate calculated by the
County for the work listed on the Work Order. This estimate shall be based on the prices
total on the Bidder's Proposal. For purposes of identification and payment, the Work
Order shall be numbered and dated. The preliminary Work Order describing the
description of work and cost estimates shall be issued to Bidder(s) which have been
qualified to perform work under this Solicitation. The Bidder(s) shall be required to
supply the County's authorized representative with a written price proposal within a time
frame specified by the County. If multiple Bidders are solicited, the County shall select
the lowest price proposal; provided that the price proposal does not exceed the dollar
estimate calculated by the County. If a single Bidder is solicited, the price proposal shall
be accepted; provided that the price proposal does not exceed the dollar estimate
calculated by the County. The selected Bidder's name shall then be entered on the Work
Order and issued to the Bidder. The Work Order shall also direct the Bidder to
commence work on a certain day and it shall specify the amount of time allotted for
completion of work covered by the Work Order. All work covered by a Work Order
shall constitute a Contract Schedule.
02- 788
19
4
71
MIAMI-DADE COUNTY BID NO.: 6941 -2/04 -OTR -CW
SECTION 3.0 TECHNICAL SPECIFICATIONS
TENNIS AND SPORTS COURT REPAIR AND RENOVATION
3.1 SCOPE
Furnish all labor, materials, tools, equipment, transportation services and incidentals,
necessary for the repair and/or renovation of tennis and/or Sports Courts, including multi-
purpose, volleyball, etc.
3.2 GENERAL
All materials and installations required shall be in accordance with the applicable
portions of the latest edition of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and its supplements with changes
pertaining thereto, and with the provisions of these Contract Documents. Further, the
applicable portions of the South Florid Building Code and the U.S. Tennis Court & Track
Builders Association shall apply to this contract.
3.3 MINIMUM PRE -QUALIFICATION REQUIREMENTS
Award of this contract will be made to all responsive, responsible bidders who provide
evidence, that they meet or exceed the minimum criteria established below:
A) Membership in the U.S. Tennis Court & Trade Builders Association.
B) Copy of State of Florida, General Building/Engineering Contractor license,
registered with Miami -Dade County, or a Miami -Dade General
Building/Engineering Contractor, or Specialty Trade license.
C) Phone Number for twenty - four (24) hour, seven days a week, facsimile
communication.
D) An individual to answer telephone communication during normal hours (Monday
thru Friday), and a answering machine for occasions that an individual is not
available.
E) Emergency phone number, and contact person for all emergencies.
20
t2
CW
MIAMI-DADE 4JURM
46 NO.: 6941 -2/04 -OTR -
CLERK OF THE BOARD Affloftb,OPENING: 2:00 P.NL
Stephen P. Clark Center Ago& WEDNESDAY
111 NW I` Street October 3, 2001
17t6 Floor, Suite 202 IPTVITATION TO BID
Miami, Florida 33128-1983; SEC'T'ION 4.0
• - BID PROPOSAL FORMS
PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN
MIAMI-DADE COUNTY, FLORIDA
NOTE: Miami -Dade County is exempt from all taxes (Federal, State, Local). Bid price should be less all
taxes. Tax Exemption Certificate furnished upon request.
Issued DPM Date Issued: 08/22/01 This Bid Proposal Consists of
by: Bids & Contracts Division Pages 20 thru 24
+ Affidavits
Sealed bids subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid
Proposal. Such other contract provisions, specifications, drawings or other data as are attached or
incorporated by reference in the Bid Proposal, will be received at the office of the Clerk of the Board at
the address shown above on behalf of the Dade County Board of County Commissioners until the above
stated time and date, and at that time, publicly opened for furnishing the supplies or services described in
the accompanying Bid Proposal Requirement.
TENNIS AND SPORTS COURT REPAIR AND RENOVATION FOR PARKS AND
RECREATION AND SEAPORT DEPARTMENTS FOR A THREE YEAR PERIOD
A Bid Deposit in the amount of N/A of the total amount of the bid shall accompany all bids
A Performance Bond in the amount of N/A of the total amount of the bid will be required upon execution
of the contract by the successful bidder and Miami -Dade County
ACCEPTED HIGHER THAN LOW
FIRM NAME:
NON-RESPONSIVE
DATE B.C.C.
ITEM NOS. ACCEPTED
UNRESPONSIBLE
NO BID
COMMODITY CODE: 805-78
SR PROCUREMENT AGENT: Edward Mason, CPPB
AGES
FAILURE TO SIGN PAGE 24 OF SECTION 4.0, BID PROPOSAL, WILL RENDER
YOUR BID NON-RESPONSIVE
REMW MrM=
21
02—. 7S8
MIAMI-DADE CAWTY BID 0: 6941 -2/04 -OTR -CW
BID PROPOSAL FOR:
TENNIS AND SPORTS COURT REPAIR AND RENOVATION
FIRM NAME:
ITEM DESCRIPTION
Pre -Qualification Statement
1. LICENSE TYPE: LICENSE Number:
2. Copy of Membership in U.S. Tennis Court and Trade
Builders Association Yes No
3. Communication numbers :
a. Telephone :,
b. Cellular
e. Emergency
4. Contact Person:
22
c. Beeper:
d. Facsimile:
U2-- 7S
MIAMI -DADS AM BID N(66941-2/04-0TR-CW
BID PROPOSAL FOR:
TENNIS AND SPORTS COURT REPAIR AND RENOVATION PERIOD
ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART I OR PART H, WHICHEVER APPLIES
PART I:
LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN
CONNECTION WITH THIS BID
Addendum #1, Dated
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
Addendum #9, Dated
PART II:
[] NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
FIRM NAME:
AUTHORIZED SIGNATURE:
TITLE OF OFFICER:
23
DATE:
vzvisw yen"
02- '788
MIAMI-DADE AnY BID Nk*6941-2/04-OTR-CW
BID PROPOSAL FOR:
TENNIS AND SPORTS COURT REPAIR AND RENOVATION
Prompt Payment Terms: % days net days
FEI NO.:
(Bidder Federal Employer Identification Number as used on Return Form 941)
If none, Bidder Social Security No.
The undersigned bidder certifies that this bid proposal is submitted in accordance with the bid specifications
and conditions governing this bid, and that the bidder will accept any award(s) made to him as a result of this
bid.
FIRM NAME
STREET ADDRESS
CITY/STATE/ZIP CODE
TELEPHONE NUMBER
E-MAIL
*AUTHORIZED SIGNATURE
FAX NUMBER
Date
*PERSON AUTHORIZED TO ENTER INTO CONTRACTUAL AGREEMENT
PRINT NAME OF AFFIANT
TITLE OF OFFICER
FAILURE TO SIGN THIS PAGE, WILL RENDER YOUR BID
NON-RESPONSIVE
()2_ 7'S
24
u
BID N0*941-2/04-07R-M
APPENDIX
SECTION 1
GENERAL TERMS AND CONDITIONS _
AFFIDAVITS
FORMAL BID
U2- 788
• BID NG*941-2/04-OTR-CW
MIAMI -DADS COUNTY BID AFFIDAVITS
DISABILITY NONDISCRIMINATION AFFIDAVIT
(Resolution R-385-95) Section 1(13 C)
I, being duly first sworn, state that this firm, corporation, or organization is in compliance with and agrees
to continue to comply with, and assure that any subcontractor, or third party contractor under this contract
complies with all applicable requirements of the laws listed below including, but not limited to, those
provisions pertaining to employment, provision of programs and services, transportation, communications,
access to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.C. Sections
225 and 611 including Title 1, Employment; Title II, Public Services; Title III, Public Accommodations and
Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous
Provisions.
The Rehabilitation Act of 1973, 29 U.S.C. Section 794
The Federal Transit Act, as amended 49 U.S.C. Section 1612
The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631
MIAMI-DADE COUNTY DEBARMENT DISCLOSURE
AFFIDAVIT (Ordinance 93-129) Section 1 (13 1)
I, being duly first sworn, upon oath deposes and says that the bidder of this contract or his agents, officers,
principals, stockholders, subcontractors or their affiliates are not debarred by Miami -Dade County.
■ MIAMI-DADE COUNTY COLLECTION OF TAXES,
FEES AND PARKING TICKETS AFFIDAVIT
(Ordinance 95-178) Section 1 (13 E)
I, being first duly sworn state that in compliance with the procedures contained in Section 2-8.1(c) of the
Code of Miami -Dade County, and as amended by Ordinance 95-178, this firm hereby certifies that the
foregoing statements are true and correct.
That all delinquent and currently due fees or taxes (including, but not limited to, real and personal property
taxes, convention and tourist development taxes, utility taxes, and occupational license taxes) collected in
the normal course by the Miami -Dade County Tax Collector and County issued parking tickets for vehicles
registered in the name of the above firm, have been paid.
AFFIDAVIT RELATING TO INDIVIDUALS AND ENTITIES
ATTESTING BEING CURRENT IN THEIR OBLIGATIONS TO
MIAMI-DADE COUNTY (Ordinance 99-162) See Section 1(13 O)
I, being first duly sworn state that in compliance with County Ordinance 99-162, the bidder is not in arrears
in any payment under a contract, promissory note or other loan document with the County, or any of its
agencies or instrumentalities, including the Public Health Trust (hereinafter referred to as "County'), either
directly or indirectly through a firm, corporation, partnership or joint venture in which the individual or
entity has a controlling financial interest as that term is defined in Section 2-11.1(b)(8) of the County Code.
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BID N&941 -2/04 -OTR -CW
• AFFIRMATIVE ACTION PLAN/PROCUREMENT POLICY
AFFIDAVIT (Ordinance 98-30) Section 1(1.8 B)
I, being duly fust sworn, upon oath deposes that the bidder of this contract has a current Affirmative Action
Plan and/or Procurement Policy, as required by Ordinance 98-30, processed and approved for filing with
the Miami -Dade County Department of Business Development (DBD) under the file No.
and the expiration date of
Witness:
Witness:
Signature
Signature
Signature
By:
Legal Name and Title
The foregoing instrument was aclmowledged before me this day of
FOR AN INDIVIDUAL ACTING IN HIS OWN RIGHT:
By:
FOR A CORPORATION, PARTNERSHIP OR JOINT VENTURE:
By:.
with
a
having the title of
corporation E) partnership 0 joint venture
DOES NOT APPLY - MY COMPANY'S REVENUE IS LESS THAN $5 MILLION
Signature
PLEASE NOTE:
20
Ordinance 82-37 requires that all properly licensed architectural, engineering, landscape architectural, and land
surveyors have an affirmative action plan on file with the County.
Ordinance 98-30 requires that furors that have annual gross revenues in excess of five (S) million dollars have an
affirmative action plan and procurement policy on file with the County. Firers that have a Board of Directors that
are representative of the population make-up of the nation are exempt
For questions regarding these requirements, please contact the Miami -Dade
County Department of Business Development at 305-349-5960
This affidavit must be properly executed by the bidder and included with the bid proposal
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BID NAV941-2/040TR-CW
• AFFIRMATIVE ACTION PLAN EXEMPTION AFFIDAVIT
(Ordinance 98-30) Section 1 (1.8 B)
I, being duly first sworn, hereby states that the bidder of this contract has a Board of Directors which is
representative of the population make-up of the nation and hereby claims exemption in accordance with the
requirements of Ordinance 98-30. Said bidder has a current Board of Directors Disclosure form, as required
by Ordinance 98-30, processed and approved for filing with the Miami -Dade County Department of
Business Development (DBD) under the file No. and the
expiration date of
Witness:
Signamm
Witness: By:
Signature
The foregoing instrument was acknowledged before me this day of
FOR A CORPORATION, PARTNERSHIP OR JOINT VENTURE:
By:
with
a corporation
PLEASE NOTE:
having the title of
Signature
Ugal Name and Title
C] partnership ❑ joint venture
20
Ordinance 98-30 requires that funis that have annual gross revenues in excess of five (5) million dollars have an
affirmative action plan and procurement policy on file with the County. Firms that have a Board of Directors that
are representative of the population make-up of the nation are exempt
For questions regarding these requirements, please contact the Miami Dade
County Department of Business Development at 305-349-5960
This affidavit must be properly executed by the bidder and included with the bid proposal
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■ LIVING WAGE AFFIDAVIT
(IF APPLICABLE TO THIS CONTRACT)
(Ordinance 99-44) See Section 1(13 M)
BID N&941 -2/04 -OTR -CW
I, being first duly sworn state that in compliance with County Ordinance 99-44, hereby states that by
accepting award of this contract I shall agree to pay the Living Wage required by Ordinance 99-44 to all
employees assigned to this contract I further understand that the current Living Wage applied to this
contract is $8.56 per hour plus Health Benefits as described in the ordinance or $9.81 per hour without
Health Benefits.
NOTE
SIGN AND NOTARIZE THE FOLLOWING PAGE.
BY SIGNING AND NOTARIZING THE FOLLOWING PAGE
YOU ARE ATTESTING TO PAGES I THROUGH 4 OF THE
AFFIDAVITS
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BID N#06941 -2/04 -OTR -CW
MIAMI-DADE COUNTY AFFIDAVITS SIGNATURE PAGE
LM
Signature of Affiant
Printed Name of Affiant and Title
20
Date
Federal Employer Identification Number
Printed Name of Firm
Address of Firm
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of , 20,
He/She is personally known to me or has presented as
identification.
Type of identification
Signature of Notary
Print or Stamp Name of Notary
Notary Public — State of
Serial Number
Expiration Date
Notary Seal
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Aglbk
FAIR SUBCONTRACTING PRACTICES
(Ordinance 97-35) Section 1 [1.8 D(5)]
In compliance with Miami -Dade County Ordinance 97-35, the Bidder shall submit with the bid proposal a
detailed statement of its policies and procedures (use separate sheet if necessary) for awarding subcontractors
in accordance with Section 1, Paragraph 1.81)(5).
NO SUBCONTRACTORS WILL BE UTILIZED ON TRIS CONTRACT
S40MM Due
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Firm Name of Prime Contractor/Respondent:
Bid No.:
BID NO.: 6941 -2/04 -OTR -CW
SUBCONTRACTOR/SUPPLIER LISTING
(Ordinance 97-104) Section [1.8 D(4)]
Title:
i nls corms, or a comparable listing meeting the requirements of Ordinance No. 97-104 MUST be completed, signed and submitted by all bidders and respondents
on County contracts for purchases of supplies, materials or services, including professional services which involve expenditures of $100,000 or more, and all
bidders and respondents on County or Public Health Trust construction contracts which Involve expenditures of $100,000 or more. 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, except upon written approval of the County.
This form, or a comparable listing meeting the requirements of Ordinance No. 97-104, MUST be completed, signed and submitted even though the bidder or
proposer will not utilize subcontractors or suppliers on the contract. The bidder or proposer should enter the word "NONE" under the appropriate heading of
sub form 100 in those instances where no subcontractors or suppliers will be used on the contract.
Business Name and Address of First Tier
Subcontractor/Subconsultant
Principal Owner
Scope of Work to be Performed by
Subcontractor/Subconsultant
(Principal Owner)
Gender Race
Business Name and Address of Direct
Supplier
Principal OwnerSupplies/Materials/Services
to be
Provided by Supplier
(Principal Owner)
Gender Race
I certlfv that the renreaentatinna nnnfalnad
1w ►61e
Prime Contractor/Respondent's Signature
IX Obid package aftidavitAfonnal bids.doc
«.•........,..� Uuv..v.s. acaai iouppuer Luting are to the best of my Knowledge true and accurate
Print Name Print Title Date
(Duplicate if additional space Is needed) FORM 100
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BID NO.: 6.2/04 -OTR -CW
MIAMI -DARE COUNTY
CERTIFICATION OF RECYCLED
ENVIRONMENTALLY ACCEPTED PACKAGING
PRODUCT CONTENT
RESOLUTION (R-738-92) Section 1(1.8 C)
MINIMUM CERTIFIED CONTENT
Bid Item
Number
RECYCLED PRODUCTS
RECOVERED MATERIALS
RE CABLE P O CTS
%Composition
Type of Material
% Composition
Type of Material
% Composition
Me o M
DEFINITIONS
"Recycled Material" shall be defined as any waste material or by-products that have been recovered or
divested from solid waste.
"Recycled Product" shall be defined as any product which is in whole or in part composed of recovered
materials.
"Recyclable Product" shall be defined as the ability of a product and its packaging to be reused,
reconditioned ler use, or recycled through existing recycling collection programs.
"Waste Reducing Product" shall be defined as any product which will result in las waste generated due
to its use rather than another product designed to serve the same function with a greater waste
generation rate. This shall include, but not limited to those products that can be reused, refilled or have a
longer life expectancy and contain a lesser amount of toxic constituents.
I have the knowledge to certify and do so by certify that the Minimum Materials Content in our product(s) are
as specified on this form and conform with the definitions as shown above.
NAME
ADDRESS
CITY
STATE
ZIP
SIGNATURE
TITLE
Printed on Recycled Paper
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AWARD UNDER MIAMI-DADE COUNTY
CONTRACT NO. 6941 -2/04 -OTR -CW
ITEM:
DEPARTMENT:
TYPE OF PURCHASE:
REASON:
RECOMMENDATION:
Tennis & Sport courts (Renovation & Repairs)
Parks and Recreation
Term
The Department of Parks and Recreation has a
need to refurbish sport courts at various city parks.
It is recommended that award be made to Agile
Courts Construction, Inc. and McCourt
Construction, Inc., under existing Miami -Dade
County Contract No. 6941 -2/04 -OTR -SW, effective
through February 28, 2003, subject to any
extensions thereto by Miami -Dade County, for the
Department of Parks and Recreation, in an amount
not to exceed $81,400; allocating funds therefor
from the Safe Neighborhood Park Bond Program,
as appropriated by the annual appropriations and
Capital Improvement Ordinance No. 11705, as
amended.
J u d y_8
k Ca er ����,. f
irector o ur as`irfg
Dale
Award Under Dade County Contracts
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