HomeMy WebLinkAboutR-00-1061i
J-00-1067
12/5/00
RESOLUTION NO. 0 0
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE PROCUREMENT AND INSTALLATION
OF PLAYGROUND EQUIPMENT AT EATON PARK
DAYCARE CENTER FOR THE DEPARTMENT OF PARKS
AND RECREATION FROM LEADEX CORPORATION,
UNDER EXISTING MIAMI-DADE COUNTY CONTRACT
NO. 4907-3/98-2, EFFECTIVE THROUGH MAY 31,
2001, IN AN AMOUNT NOT TO EXCEED $17,900;
ALLOCATING. FUNDS THEREFOR FROM THE
DEPARTMENT OF PARKS AND RECREATION FISCAL
YEAR 2000-2001 BUDGET, ACCOUNT CODE
NOS. 001000.580302.6.340, IN THE AMOUNT OF
$5,900, AND 001000.580302.6.717, IN THE
AMOUNT OF $12,000.
WHEREAS, the Department of Parks and Recreation requires
the acquisition and installation of playground equipment at
Eaton Park Daycare Center; and
WHEREAS, the City Manager and the Director of Parks and
Recreation recommend that the acquisition and installation of
playground equipment at Eaton Park Daycare Center from Leadex
Corporation, under existing Miami -Dade
No. 4907-3/98-2, be approved; and
County Contract
CITY COMUSSION
MEETING OF
DEC 1 4 2000
s4tion o
WHEREAS, funds are available from the Department of Parks
and Recreation Fiscal Year 2000-2001 Budget, Account Code
Nos. 001000.580302.6.340, in the amount of $5,900, and
001000.580302.6.717, in the amount of $12,000;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The acquisition and installation of
playground equipment at Eaton Park Daycare Center from Leadex
Corporation, under existing Miami -Dade County ` Contract
No. 4907-3/98-2, effective through May 31, 2001, in an'.amount
not to exceed $17,900, is hereby approved, with funds therefor
hereby allocated from the Department of Parks and Recreation
Fiscal Year 2000-2001 Budget; Account Code
Nos. 001000.580302.6.340, in the amount of $5,900,; and
001000.580302.6.717, in the amount of $12,000.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor./-"
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 3`�_:
PASSED AND ADOPTED this 14th day of December
1 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approve of
this legislation by signing it in the designated p!ace provided, said
becorres, effective with the elapso of ton (10)aye; fr the dat
regarding same, without the Mayor axer isi g a e
ATTEST: alter J. -0�em,erk
WALTER J. FOEMAN
CITY CLERK
TO FORM aW00j0RRECTNESS.t,
LLO
GVTY ATTORNEY
v
W4895:LB:BSS
y(:R
- no106I
Page 3 of 3 U
CITY OF MIAMI, FLORIDA A713
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
TO: of the City Commission
Gi nez
FROM: City Manage
RECOMMENDATION:
DATE:
SUBJECT:
REFERENCES:
ENCLOSURES:
L 9 FILE:
Approving the
Purchase and
Installation of
Playground Equip.
at Eaton Daycare
It. is respectfully recommended that the City Commission
adopt the attached Resolution, authorizing the purchase and
installation of playground equipment at Eaton Park Daycare
from Leadex Corporation under an existing Miami -Dade County
Contract No. 4907-3/98-2 -for a total amount not to exceed
$17,900 for the Department of Parks and Recreation. Funding
is available from the Fiscal year 2000-2001 Budget of the
Department of Parks and Recreation Account No.
001000.580302.6.340, $5,900 and 001000.580302.6.717,
$12,000.
BACKGROUND:
The City of Miami Parks and Recreation Department has
identified funds for the purchase and installation of
required playground equipment at Eaton Park Daycare.
In order to expedite the implementation of this project, the
City desires to utilize Miami -Dade County Contract No. 4907-
3/98-2 in an amount not to exceed $17,900.
The Departments of Purchasing and Parks and Recreation have.
realized a substantial savings utilizing the Miami -Dade
County contract for said services. It is therefore
recommended that an award be made to Leadex Corporation from
said contract, as the responsible and responsive vendor
awarded under existing Miami -Dade County Contract No. 4907-
3/98-2.
CAG/FKR/AR/sb
VO-I' A
TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Carlos A. Crimenez
City Manager
Alberto Ruder, Director
Parks and Recreation Department
DATE: November 14, 2000 FILE:
SUBJECT: Purchase and Installation
of Playground Equipment
At Eaton Daycare
REFERENCES:
ENCLOSURES:
The Parks and Recreation Department has verified that funds are available with the
Department of Management and Budget to purchase and install playground equipment, at
Eaton Daycare from Leadex Corporation under an existing Miami -Dade County Contract
No. 4907-3/98-2 for a total amount not to exceed $17,900. Funds are available from the
Fiscal Year 2000-2001 Budget of the Department of Parks and Recreation Account No.
001000.580302.6.340, $5,900 and 001000.580302.6.717, $12,000.
Budgetary Review and Approval:
4,%Linda Haskins, Director
Department of Management & Budget
Please indicate below your approval or non -approval of this request.
(Not proved:
A. ez
City Manager
AR/MMP/sb zesty Of i-IM2Mi City of Miami
Janagement & Budget Management & Budget
Date /1 f)000
Time Z ,3v (AAI")
.mcuntof$177� -5
available in account number:
7larified by: SIGNATURE
Date )/Ljoo
Time Z; 30 { AMI*
Amount of $ � �� � 3 6 3•o �
-vailable in account number:
Gb;cA). S 0,?aZ .
Verified byI TkTPIR
Page: 1 Document Name: t tled
PCHL2323 V4.5
ADVANCED.-: PIIRCHA,SING/xNiT,ElUQR7%,;,:.;. 11/27/2000 8 : 42 A
LINK TO:
-COUNTY-BID/CONTRCT-ROF�I
NOTE PAD Y
BID NUMBER: 4907-3/98-2 ,
_ FORMER BID REk' #
ITB ID AVXX9918489
r ; _. NEXT BID:_REF-;r#.;; :4907-2/03
BID TITLE Playground.-.&.�Park,;EgU p Fur.. Del OTR # 4907-3/98-1
COMMODITY ID: 6 5 0 -12
-NEXT .._OTR.-# : -
LIVING WAGE : N
.OTR YEARS: 3 SURCHARGE: NA BID/PERF BOND: N
OPEN DATE : 03/15/1995
AD DATE 02/21/1995 BCC APPR DATE : 10/17/1995
PRE -BID CONF:
MAND/REC: PMD APPR DATE : 10/26/1995
INS REQUESTD: 11/07/2000
INSURANCE TYPE: 10 APPROVED 11/14/2000
PERF BOND RQ:
PBOND AMOUNT APPROVED
BUYER 695 SOTOLONGO,
VIVIAN :; TERM CONT Y BIDS
ORIGINAL AMOUNT
4,645,000.00 RC DATE
CONTINGENCY ( 10
464,500.00 SET ASIDE
PRORATION
1,161,250.00 SUB GOAL() -
APPROVED CNG ORDERS
PRE _ %
CONTRACT AMOUNT
6,270,750.00 Co- CT ESTIMATE
BPO ALLOCATED AMOUNT:
5,858,666.03 ;• CED PURCEAS
RELEASES
5,020,568.22 FFECTIVE DATE 12/01/1997
UNALLOCATED AMOUNT -
- 412•;-083 .-97 -
PIRATION -DATE: 02/28/2001
Fl-HELP F3-DELETE
F4-OTR F5-NEXT F6 IEW D
F9-LINK
F10-SA ENTER -INQUIRE -EXIT
INQUIRY SUCCESSFUL, TRANSACTION. READY FOR ATE
Date: 11/17/ 0 Time: 08 : 43 : 3 7 AM,: , . ?' l u
700Z -snva 0Q}4' - te068L 52L SOC %V3 C4=60 I?i3 00/LT/TT
AWARD SHEET
ADDENDUM NO. 11
TO: Procurement Liaison Officer
FROM: Maria Hevia for Vivian Sotolongo
Dept. of Procurement Mgmt.
DATE:
Sept. 7, 2000
BID NO.:
4907-3/98-2
TITLE:
ID Playground And Park Equip.
Please note the following change(s):
Contract has been extended through: 11/30/00
Previous Value of Contract: $ 6,270,750.00
Three (3) Month Proration: $ -0-
Revised Contract Value: $ 6,270,750.00
DEPARTMENT
ALLOCATION +
CGE. ORDER + PRORATION —
CURRENT
Park & Rec.
6,270,750.00
-0-
6,270,750.00
ALL OTHER INFORMATION,REMAINS THE SAME
AWARD SHEET ADDENDUM ! Rev. 41b99
BID NC&907-3/98-OTR
OPENING: 1:00 P.M. WEDNESDAY
DATE: MARCH 15, 1995
METROPOLITAN DADE COUNTY, FLORIDA
INVITATION
TO BID
TITLE
PLAYGROUND AND PARK EQUIPMENT, FURNISH, DELIVER AND INSTALL
FOR THE PARKS AND RECREATION DEPARTMENT
FOR A PERIOD OF .ONE (1) YEAR
WITH COUNTY OPTION TO RENEW FOR THREE (3) ADDITIONAL YEARS ON A
YEAR BY YEAR BASIS
THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW:
BID DEPOSIT AND PERFORMANCE BOND:
CATALOGUE AND LISTS:
EQUIPMENT LIST:
INDEMNIFICATION/INSURANCE:
PRE -BID CONFERENCE/WALK-THRU
RACE -CONSCIOUSNESS MEASURE:
SAMPLES/INFORMATION SHEETS:
SITE VISIT/AFFIDAVIT:
SOURCE OF SUPPLY:
TRADE CERTIFICATION:
SUBCONTRACTOR(S):
N/A
SEE
SECTION
2.0, PARA.
2.26
N/A
SEE
SECTION
2.0,'PARA.
2.11
N/A
SEE
SECTION
2.0, PARA.
2.2.
N/A
N/A
N/A
N/A
SEE
SECTION
2.0, PARA.
2.40
FOR INFORMATION CONTACT: EDGAR INNISS, CPPB
(305) 375-4260
METROPOLITAN DADE COUNTY
GENERAL SERVICES ADMINISTRATION
PROCUREMENT MANAGEMENT DIVISION
Printed on Rec 64 0 _
IIVSTRUCTIOANN)R MAILING A FORMAL IN RESPONSE TO A
SOLICITATION
Each bid proposal returned to the Clerk of the Board roust have the following information clearly
marked on the face of the envelope:
► Bidder's name & return address ► Opening date of the bid
► Bid number ► Title of the bid
The Bidder shall submit each proposal, consisting of one original and three copies, and any
required attachments in one envelope. The enclosed return envelope should be used whenever
possible.
If bids are submitted at the same time for different bid solicitations, each bid .must be placed in
separate envelopes and each envelope must contain the information previously. stated.
To receive a copy of the tabulation of bids, the Bidder must enclose a self-addressed, stamped
envelope when submitting their proposal.
THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING THIS BID TO THE
CLERK OF THE BOARD ON OR BEFORE THE STATED TIME AND DATE IS
SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER. DADE
COUNTY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY THE UNITED STATES
MAIL DELIVERY OR CAUSED BY ANY OTHER OCCURRENCE. BIDS RECEIVED
BY THE CLERK OF THE BOARD AFTER BIDS HAVE BEGUN TO BE OPENED WELL
NOT BE OPENED AND WILL NOT BE CONSIDERED FOR AWARD.
Bids must be submitted to the address listed below by the time specified to be considered for
award.
CLERK OF THE BOARD
STEPHEN P. CLARK CENTER
111 N.W. 1ST STREET
SUITE 210.
MIAMI, FLORIDA 33128
0-10" 61
SECTIONI G1tERAl TESAND COairT70NS
1.1 APPLICABILITY
These General Terms and Conditions apply to all bids made to Metropolitan Dade County
(hereinafter referred to as "'County") by. all prospective bidders (hereinafter referred to as
"Bidders") in response to Invitation to Bids issued by the GSA Procurement Management
Division. The word ",Bid" is used in reference to any and all offers submitted in
conjunction with this bid solicitation.
1.2 CONTENTS OF BID
A. General Conditions
(1) Bidders shall thoroughly read and examine all Bid documents. As Bid
documents frequently change for each solicitation, Bidders should not assume
that this solicitation contains the same teams and conditions that were
contained in previous solicitations.
(2) Bidders shall make all investigations necessary to thoroughly familiarize
themselves with all the conditions affecting this bid solicitation. It is the sole
responsibility of the Bidder to familiarize themselves with the bid requirements
and no plea of ignorance by the Bidder of conditions that exist, or that may
exist as a result of the failure to fulfill the requirements of the bid solicitation,
will be accepted as a basis for varying the requirements of the County, or the
compensation to be paid to the successful Bidder who is awarded the
contract. .
(3) Bidders are advised that all County contracts are subject to all legal
requirements contained in the County's Administrative Order 3-2 and other
applicable County Ordinances and/or State and Federal Statutes. Where
conflicts exist between this bid solicitation and these legal documents, the
higher authority shall prevail.
B. Conflicts in the Bid Solicitation
Where there appears to be a conflict between the General Terms and, Conditions, the
Special Terms and. Conditions, and/or the Technical Specifications the order of precedence
is the Technical Specifications, Special Terms and Conditions and then the General Terms
and Conditions.
I
Requests for additional information, explainationas, clarifications or interpretations must
be made in writing to the GSA Procurement Management Division contact person,
identified on the cover page of this bid solicitation, no later than seven (7) working days
prior to. the scheduled bid opening. .Any request received after that time may not be
considered. The request must contain the proposer's name, address, telephone number,
and facsimile number, if transmitted by facsimile. Electronic facsimile will be accepted at
(305) 375-5409
Facsimiles must have a cover sheet which includes at a mmmuun, the proposer's name,
address, number of pages transmitted, telephone number and the sender's facsimile
number.
The County will issue responses to inquires and any other corrections or amendments it
determines to be necessary by written addenda issued prior to the scheduled opening date.
Bidders should not rely on any representations, statements, or explanations other than
those made in the bid solicitation. or - in any addenda to this solicitation. Where there
appears to be a conflict between this solicitation and any addenda issued, the last
addendum issued will prevail.
It' is the Bidderes responsibility to assure receipt of all addenda. The Proposer should
verify with the contact person prior to submitting a Bid that all addenda have been
received. Proposers are required to acknowledge the number of addenda received as part
of this solicitation on the attached Addenda Acknowledgment Form.
D. Prices Contained in Bid
(1) Prompt Payment Terms
a.' Bidders may offer a cash discount for prompt payments, however, such
discounts shall not be considered in determining the lowest priced
Bidder for bid evaluation purposes. Bidders are encouraged to reflect
cash discounts in payment terms.
b. Bidders are required to provide their prompt payment terms in the space
provided on the Bid Proposal signature page of this solicitation. If no
prompt payment discount is being offered the Bidder must 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
terms shall be 2% 20 days, effective after receipt of invoice or final
acceptance by the County, whichever is later.
(2) Current Prices
Bids indicating prices in effect "at time of shipment" will be rejected, unless
otherwise specified in the Special Terms and Conditions. .
2 .0-1061
(3) Dise�ts Offered During Term of Co
Prices offered in the Bid shall be fixed for a period of 120 days after award by
the Board of County Commissioners, unless otherwise specified in the Special
Terms and Conditions. Thereafter price discounts off the original prices
quoted in the Bid Proposal will be accepted from successful Bidder(s) during
the term of the contract. Such discounts shall remain in effect for a minimum
of 120 days from acceptance by the County.
(4) Collusion
The Bidder, by affixing a signature to their. Bid, certifies that its Bid is made
without previous understanding, agreement or connection either with any
person, firm or corporation making a Bid for the same items, or with the
Dade County Procurement Division or initiating department. The Bidder
certifies that its Bid is fair, without control, collusion,. fraud or otherwise
illegal action. The Bidder certifies that they are in compliance with Section
2-11.1, Conflict of Interest and Code of Ethics Ordinance, of the Dade
County Code. The County will investigate all potential situations where
collusion may have occurred and the - County reserves the right to reject any
and all bids where collusion may have occurred.
1.3 PREPARATION AND SUBMISSION OF BIDS
A. Preparation/Subaussion
(1) The Bid Proposal Form, which is part of the bid solicitation must be used
when submitting a Proposal. Use of any other form will result in the
rejection of the bid.
(2) The Bidder must furnish any samples or other documents/information required
by the bid solicitation. Failure to supply the required samples or
documentation/information as required may result in the Bid being rejected.
(3) The Bidder's authorized agent must sign the Bid Proposal Form in ink. Failure
to sign as provided herein may result in the Bid being rejected.
(4) Unit prices must be shown where required. Where there is a discrepancy
between the unit prices and any extended prices the unit prices shall prevail.
(S) Multiple Bids will only be accepted if submitted as separate bids, submitted in
separate envelopes, which are not for the same product or service. All' Bids
must meet all requirements of the bid solicitation. Where multiple Bids are
submitted for an identical product or service only the lowest price will be
considered.
(6) Proposed delivery time, if required, must be stated in calendar days.
3
(7) Bides shall not charge federal taxes nor a ofFlorida sales, excise and use
taxes in bid prices as the County is exempt from payment of all such taxes, except
where the goods are for resale by the County. Such taxes shall be borne by the
Bidder except where the County is purchasing the goods for resale. An exemption
certificate will be provided where applicable upon request.
(8) The Bid must be typed or printed in ink. Use of pencil or erasable ink will
result in the Bid being rejected. All corrections made by the Bidder must be
initialed m mk by the authorized W nt or the Bid Wray be r, jected.
(9) Telegraphic or facsimile bids will not be considered.
(10) Once a Bid has been opened, the County will not, 1 consider any subsequent
submissions which alter the Bid.
B. Vendor Application
Prospective Bidders should register with the GSA Procurement Management Division as
this will ensure that they receive notice of solicitations when they are issued by the
County. The successful Bidder(s) must register with GSA Procurement Management
Division, as specified herein,, prior to award. Failure to so register will result in the
rejection of their Bid.
Conducting business with the County requires a business entity to complete a registration
application, available through GSA Procurement Management Division, and to pay an
annual administrative fee. The following documents are required and included in the
registration application form:
1. Commodity Code listing
2. Certificate of Filing of :articles of Incorporation
Every Florida based corporation is required to submit a copy of the single
Certifications page that was signed and dated by the Florida Secretary of State
that shows receipt of the duly executed Articles of Incorporation.
3. Copy of current Business or Occupational License
Most Dade County based businesses are require to purchase an Occupational
License to conduct business within the County. Where no license exists the
business entity must submit such a statement to that effect on their letterhead.
4. Executed Cuba Affidavit
This affidavit requires business entities to attest to. their business activities and
investments in Cuba, and that they are in compliance with Dade, County
Resolution No. R-656-93, as adopted by the Board of County Commissioners
on July 3, 1993.
5. Executed Florida Public Entity Crime Affidavit
Florida Statutes, Sections 297.132-133, effective July 1, 1989 requires that
business entities complete an affidavit with regard to the commission of public
entity crimes.
6. Executed Vendor Disclosure of Ownership Fom
7: wormlace Affidavit
8. F ' - Leave Affidavit
�Y
9. W-9 Form
It is the responsibility of the business entity to. update its application concerningany
changes, such as; new address, telephone number, commodities, etc. This must be on,
company letterhead and sent to the GSA Procurement Management Division, Vendor
Assistance.
Potential Bidders may contact the Office of Vendor Assistance at (305) 375-5289 for
guidance in completing the registration application.
C. Criminal Conviction Disclosure
Pursuant to Ordinance No. 94-347 "Any individual who has been convicted of a felony
during the past ten 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 years shall disclose this informaation prior to entering into a contract with or
receiving funding from the County." Accordingly, Criminal Record Affidavit forms are
available upon request at GSA Procurement Management Division/Office of Vendor
Assistance for those individuals or firms reuuired to disclose this information.
D. Minority and Disadvantages Business FntgWnses
The County endeavors to obtain the participation of : all minority and disadvantaged
business enterprise businesses. Contact GSA Procurement Management Division's Office
of Vendor Assistance for information.
1.4 MODIFICATIONS OR WITHDRAWAL OF BIDS
A. Modification of Bids
Bids may only be modified by submission of 'a modification as provided below prior to the
time and date set for bid opening. Airy modification submitted to the Clerk of the Board
must contain a new Bid Proposal. Form and a letter on company letterhead, signed by an
authorized agent of the Bidder, stating that this submittal supersedes the previous bid
submittal. The envelope must contain the following information:
(1) Bidder's Name & Address
(2) Bid Number
(3) Opening Date of Bid
(4) Title of Bid
(5) The following statement; "This is a modification to a previously. submitted bid"
(6) Date of Modification
5
3 ej "t. I =1 - ff U-ff I
•
Bids shall be irrevocable unless the Bid is withdrawn as provided herein.. A Bid may be
withdrawn only by written letter received by the contact person, prior to the Bid Opening
Date or ninety (90) days after the opening of the Bid. The withdrawal letter must be on
company letterhead. and signed by as authorized agent of the Bidder.
1.5 EVALUATION OF BIDS
The County may reject a Bid Proposal for any of the following reasons:
(1) Bidder fails to acknowledge rec * of addenda
(2) Bidder misstates .or conceals any material fact in the Bid Proposal
(3) Bid does non conform to the requirements of the Bid
(4) Bid requires a conditional award that conflicts with the method of award
(5) Bid does not include required samples, certificates, Incenses as required
(6) Bid was not executed by the Bidder's authorized agent on the Bid Proposal
Form
The foregoing are not the exclusive reasons for which a Bid may be rejected. The County
may reject and re -advertise for all or any part of the Bid Solicitation whenever it is deemed
in the best interest of the County.
B. Elimination From Consideration
(l) A contract shall not be awarded to, any person or firm which is in arrears to
Dade County upon any debt or contract or which is a defaulter as surety or
otherwise upon any obligation to the County.
(2) A contract may not be awarded to, any person or firm which has failed to
perform any previous contract with the County.
(3) A contract may not be awarded to, any person or firm which has been
debarred by the County in accordance with the County's Debaremem
Ordinance.
C. Waiver of Informalities
The County reserves the right to waive any minor informalities or irregularities in any or
all bids.
00-106 .
2
(1) Bids will only be considered from firms who are regularly engaged in the
business of providing the, goods and/or services required by the Bid. Bidder's
must be able to demonstrate a good. record of performance and have sufficient
financial resources, equipment and organization to insure that they can
satisfactorily provide the goods/services if awarded the contract. The terms
"equipment and organization" as used herein shall be construed to mean a
fully equipped and well established company in line with the best industry
practices in the industry as determined by the County.
(2) The County may conduct a pre -award site inspection or hold a pre -award
qualification hearing to determine if the bidder is capable of.performing the
contract if awarded.
(3) The County may consider any evidence available regarding the financial,
.technical and other qualifications and abilities of a Bidder, including past
performance (experience) with the County or any other governmental entity in.
making the award.
(4) The County may require the Bidder(s) to show proof that they have been
designated as an authorized representative of a manufacturer or supplier
which is the actual source of supply, if required by the Bid.
1.6 AWARD OF CONTRACT
A. The Bid Solicitation, any addenda issued and the purchase order, if issued, constitute
the entire contract, unless modified in accordance with the contract.
B. Tie Bids will be decided by the Director of Procurement or designee.
C. The award of this Bid may be preconditioned on the subsequent submission of other
documents as specified in the Special Conditions or, Technical Specification. The
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
Bidder is in default of these contractual requirements, the County, through action
taken by the Procurement Management Division, will void its acceptance of the
Bidder's Proposal and may accept the Bid from the next lowest responsive, responsible
Bidder or re -solicit the County's requirements. The County at its sole discretion may
seek monetary restitution from the Bidder.and its bid bond or guaranty, if applicable,
as.a result of damages or increased costs sustained as a result of the Bidder's default.
D. The term of the .contract shall be specified , in one of three documents which shall be
issued to the successful Bidder. These documents may either be the contract, a
purchase order, notice of award or an award sheet.
7
E. M. Ca ewes the right to automaticallyAftid
this contract for up to ninety
(go) calendar days beyond the stated contract term in order to provide County
departments with continual service and supplies while a new contract is being solicited,
evaluated and/or awarded. If the right is exercised, the County shall notify the Bidder,
in writing, of its intent to extend the contract for a specific number of days, not to
exceed ninety (90) days, prior to the expiration of the contract term.
F. Where the contract involves a single shipment of goods to the County the contract
term shall conclude upon completion of the expressed or implied warranty periods.
1.7 RIGHTS OF APPEAL
Any Bidder may protest any recommendation for contract award in accordance with the
procedures contained in Dade County Ordinances 94-26, 94-72 and Section 2.8.47 of the
Dade County Code.
1.8 CONTRACTUAL OBLIGATIONS
A. Rules. Regulations. Licensing Requirements
The Bidder shall comply with all laws and regulations applicable to the goods or services
contemplated herein. Bidders are presumed to be familiar with all Federal, State and local
laws, ordinances, codes and regulations that may in any way affect the goods or services
offered, especially Executive order 11246 entitled "Equal Employment Opportunity" and
as amended by Executive order No. 11375, as supplemented by the Department of Labor
Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and
implementing regulations, the Rehabilitation Act of 1.973, as amended, Chapter 553 of
Florida Statutes and any and all other local, State and Federal directives, ordinances, rules,
orders and laws relating to people with disabilities.
B. Conditions of Material and Packaging
(1) All goods furnished must be new, unless specified in the Special Conditions or
Technical Specifications, and .free from defects. All containers shall be
suitable for shipment and/or storage. The bid price shall include standard
commercial packaging unless otherwise specified in the Special Conditions or
Technical Specifications.
(2) All goods furnished shall be fully guaranteed by the Bidder against factory
defects and shall be fit for the purpose intended under this contract. Any
defects which may occur within the period of the manufacturer's standard
warranty or the failure of the product to be fit for the purposes intended shall
be corrected by the Bidder at no expense to the County. The standard
manufacturer's warranty may be superseded by the Special Conditions or
Technical Specifications.
8�""
The Bidder shall not subcontract any portion of the work without the. written prior
consent of the County. The ability to subcontract may be further limited by the Special
Conditions or Technical Specifications.
The Bidder shall not assign, transfer, sublet or otherwise dispose of the 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.
E. Delivery
Prices quoted and deliveries are to be FOB Destination, freight included, unless otherwise
specified in the Special Conditions. Deliveries are to be made during County business
hours unless otherwise specified*in the Special Conditions.
F. Title
Title to the goods shall not pass to the,County until after the County has accepted the
goods or utilized the goods; whichever comes first.
1.9 MODIFICATION OF THE CONTRACT
The contract may be modified from time to time in writing thought the issuance of a
- change order or modification to the contract, purchase order or award sheet as appropriate.
1.10 TERMINATION FOR CONVENIENCE
The County at its sole discretion may terminate this contract, without cause, by providing
the Bidder(s) with thirty (30) days advance notice. Upon the receipt of such notice the
Bidder shall not incur any additional costs under this contract. The County shall be liable
only for reasonable costs incurred by the Bidder(s), as determined by the County,
regardless of the method of payment required by the contract, as the result of such
termination.
1.11 TERMINATION FOR DEFAULT
The County may terminate this contract upon the failure of the Bidder to comply -with the
provisions and requirements of the contract. The County`s decision not to take action upon
a failure of the Bidder to perform shall not be construed as a waiver of, the ability of the
County to take action at a later date and time. The date of termination shall be stated in a
written notice to the Bidder.
In the event tidder is terminated' for defauh, 0 County reserves the right to
re -procure the goods or services from the neaa lowest responsiveiresponsible bidder or
re -solicit the contract. The County may charge the Bidder any differences in. cost between
the Bidders price and the reawarded price and the costs associated with reawarding or
re -soliciting this canitr act.
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METROPOLITAN DADE COMFY *ID NO. 4907-3/98-OTR
SECTION 2.0 SPECIAL CONDITIONS
PLAYGROUND AND PARK EQUIPMENT (FURNISH, DELIVER AND INSTALL)
2.1 PURPOSE: TO ESTABLISH A CONTRACT FOR A COUNTY DEPARTMENT
The purpose of this Invitation to Bid is to establish a contract for
the purchase of Playground and Park Equipment in conjunction with the
needs of Dade County's Park and Recreation on an as needed when needed
basis.
2.2 RACE/ETHNICITY/GENDER CONTRACT MEASURES:
This contract includes Participation Provisions for Certified Black
Business Enterprises (BBE's) and/or Certified Hispanic Business
Enterprises (HBE's) and/or Certified I Women Business Enterprises
(WBE's) as indicated in Appendix A of this Bid/Proposal solicitation.
2.3 Intentionally Omitted
2.4 TERM OF CONTRACT: TWELVE MONTHS
This contract shall commence on the first calendar day of the month
succeeding approval of the contract by the Board of County
Commissioners, unless otherwise stipulated in the Notice of Award
Letter which is distributed by the County's GSA Procurement Management
Division; and contingent upon the completion and submittal of all
required bid documents. The contract shall remain in effect for
twelve (12) months and upon completion of the,expressed and implied
warranty periods._
2.5 OPTION TO RENEW THREE (3) YEARS (Maintain Same Discounts)
Dade County shall have the option to renew this contract for an
additional three (3) years on a year-to-year basis provided the bidder
will maintain the same discount(s) from manufacturer's published price
list(s). Continuation of the contract beyond the initial period is a
County prerogative not a right of the bidder. This. prerogative will
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 may suspend the bidder from submitting
bid proposals for a minimum period of six (6) months; provided
however, that the County may waive the suspension period if the bidder
is unable to accept the option period due to extenuating circumstances
beyond its control.
If the bidder does not have, and fails to provide within ten (10) days
of notification, a current vendor application and other required
forms, the County shall suspend the bidder for a minimum period of six
(6) months.
NOTE: BIDDERS CAN ONLY EXERCISE THE OPTION TO RENEW PRIVILEGES FOR
THOSE ITEM/S AWARDED TO THEIR FIRM, UNDER THE ORIGINAL TERMS
AND CONDITIONS, DURING TOE INITIAL CONTRACT PERIOD. ANY
Page 1`"`0�
METROPOLITAN DADE COUNTY
0BID NO. 4907-3/98-OTR
ITEM/S THAT WERE AWARDED TO ANOTHER BIDDER/S, CAN ONLY BE
RENEWED BY THE OTHER BIDDER/S.
PRICES SUBMITTED FOR ITEM/S NOT ORIGINALLY AWARDED TO THE
BIDDER/S OR, FOR WHICH A' "NO BID" WAS RECEIVED, WILL BE
REJECTED.
2.6 METHOD OF AWARD: LOWEST PRICES BASED ON PERCENTAGE DISCOUNT OFFERED
Award of this contract will be made to ten (10) responsive,
responsible bidder(s) who offers the lowest prices when the percentage
discount offered by the bidder is compared against prices listed in
the manufacturer's and distributor's price lists for selected items
exclusive of the options. Accordingly, the bidder must submit its
manufacturer's and distributor's price lists with the bid proposal in
order to be considered eligible for award. This requirement
supersedes any other Special Condition in this Bid Solicitation which
may allow the bidder to submit price lists during the bid evaluation
period. These price lists must be common to, and accepted by, the
industry in general.
2.7 PRICES SHALL BE BASED ON DISCOUNTS FROM PUBLISHED PRICE LISTS
Bids shall be submitted on the basis of a discount from a
manufacturer's and distributor's Published Price List(s). Such
Published Price List(s) must be common to, and accepted by, the
industry in general. The lists must be printed, properly identified,
and dated as to issuance and effectiveness.
Revised Published Price Lists may be used as a means of price
adjustments. However, all bids are to be firm for a period of 365
calendar days after award and Revised Price Lists will not be accepted
by the County until after that date. Revised Published Price Lists
will be accepted only in the event of an industry -wide price change,
as evidenced by the issuance of revised price lists by the
manufacturer.
Revised prices will not become effective until revised list(s) are
submitted to the County's Procurement Management Division under the
bidder's cover letter identifying the applicable contract agreement
number and approved by the County through the issuance of a
Memorandum of Understanding to the bidder.
2.8 Intentionally Omitted
2.9 Intentionally Omitted
2.10 Intentionally Omitted
2.11 INDEMNIFICATION AND INSURANCE SERVICE REQUIRING PRODUCTS AND COMPLETED
OPERATIONS LIABILITY - TYPE 10 - REQUIRED UPON ORDER BEING PLACED BY
USING DEPARTMENT(S)
The successful bidders/vendors shall indemnify and save the County.
harmless from any and all claims, liability, losses and causes of
action which may arise out of the fulfillment of the Agreement'. The
vendor shall pay all claims and losses of any nature whatever in
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METROPOLITAN DADE STY
• BID NO. 4907-3/98-OTR
connection therewith, and shall defend all suits, in the name of the
County when applicable, and shall pay all costs and judgments which
may issue thereon.
The vendor shall furnish to Bid Section, Metropolitan Dade County, c/o
Procurement Management Division,; 111 N.W. 1 Street, Suite 2350, Miami,
Florida 33128-1989, Certificate(s) of Insurance which indicate that
insurance coverage has been obtained which meets the requirements as
outlined below:
A. Workmen's Compensation Insurance for all employees of the vendor
as required.by Florida Statute 440.
B. Public Liability - this policy shall be endorsed to include
products & completed operations liability insurance on a
comprehensive basis in an amount not less than $300,000 combined
single limit per •occurrence for bodily injury and property
damage... Dade County must be shown as an additional insured with
respect to this coverage.
C. Automobile Liability Insurance covering all owned, non -owned and
hired vehicles used in connection with the work, in an amount not
less than $300,000 combined single limit per occurrence for bodily
injury and property damage.
The insurance coverage required shall include those classifications,
as listed in standard liability insurance manuals, which most nearly
reflect the operations of the vendor.
All insurance policies required above shall be issued by companies
authorized to do business under the laws.of the State of Florida, with
the following qualifications:
The company must be rated no less- than "B" as to
management, and no less than "Class V" as to financial
strength, by the latest edition of Best's Insurance
Guide, published by A.M. Best Company Oldwick, New
Jersey, or its equivalent, subject to the approval of
the County Risk Management Division.
or
The company must hold a valid Florida Certificate of
Authority as shown in the latest "List of All Insurance
Companies Authorized or Approved to Do Business in
Florida", issued by the State of Florida Department of
Insurance and are members of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance
shall be made without thirty .(30) days written notice to the
certificate holder..
NOTE: DADE:000NTY BID NUMBER AND TITLE OF .BID MUST APPEAR ON EACH
CERTIFICATE.
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METROPOLITAN DADE C9TY
*BID NO. 4907-3/98-OTR
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. 1.5D of the General Terms and Conditions.
The Bidder shall be responsible for assuring that the insurance
certificates required in conjunction with this Section remain in force
for the duration of the contractual period; including any and all
option years that may be granted to the Bidder in accordance with
Section 2.5 of the Special Conditions. If insurance certificates are
scheduled to expire during the contractual period, the Bidder shall be
responsible for submitting new or renewed insurance certificates to
the County at a minimum of thirty (30) calendar days in advance of
such expiration. In the event that expired certificates are not
replaced with new or renewed certificates which cover the contractual
period, the County shall suspend the contract until such time as the
new or renewed certificates are received by the County in the manner
prescribed in the Invitation To Bid; provided, however, that this
suspended period does not exceed thirty (30) calendar days. If such
suspension exceeds thirty (30) calendar days, the County may, at its
sole discretion, terminate this contract for cause and seek
re -procurement charges from the Bidder in conjunction with Section
1.0, 1.8 H of the General Terms and Conditions.
2.12 Intentionally Omitted
2.13 Intentionally Omitted
2.14 Intentionally Omitted
2.15 METHOD OF PAYMENT NO. 1: PERIODIC INVOICES FOR COMPLETED DELIVERIES OF
PLAYGROUND EQUIPMENT
A. The successful bidder(s) shall submit an invoice(s) to the County
using department(s) that requested the items through a purchase
order. The invoices shall reference the appropriate purchase
order number, the delivery address, and the corresponding delivery
ticket, number or packing slip number that was signed by an
authorized representative of the County department when the items
were delivered and accepted. The periodic invoices shall not
exceed thirty (30) calendar days from the delivery of the items.
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METROPOLITAN DADE ONTY
0 BID N0. 4907-3/98-OTR
Under no circumstances shall the invoices be submitted to the
County in advance of the delivery and acceptance of the items.
AFTER
B. Upon completion and acceptance of the work required in conjunction
with this contract, the successful bidder(s) shall submit one lump
sum invoice that reflects the total value of the project. This
invoice shall be submitted to the County using department(s) that
accessed the contract through a purchase order. The invoice shall
reflect the appropriate purchase order number, the address of the
work place, and all itemized material and labor costs; if
applicable.
2.16 SHIPPING TERMS: F.O.B. DESTINATION
All bidders shall quote prices based on F.O.B. destination and shall
hold title to the goods until such time as they are delivered to, and
accepted by, an authorized County representative at various locations
within Metro Dade County..
The term "F.O.B. Destination", as used in this clause, means:
A. Free of expense to the County on board the carrier's conveyance,
at a specified delivery point where the consignee's facility
(plant, warehouse, store, lot or other location to which shipment
can be made) is located; and
B. Supplies shall be delivered to the destination consignee's wharf
(if destination is a port city and supplies are for export),
warehouse unloading platform, or receiving dock, at the expense of
the Contractor. The County shall not be liable for any delivery,
storage, demurrage, accessori.al, or other charges involved before
the actual delivery (or "constructive placement" as defined in
carrier tariffs) of the supplies to the destination, unless such
charges are caused by an act or order.of the County acting in its
contractual capacity. If rail carrier -is used, supplies shall be
delivered to the specified unloading platform of the consignee.
If motor carrier (including "piggy -back") is used, supplies shall
be delivered to truck tailgate at the unloading platform of the
consignee, except when the supplies delivered meet the consignee,
except when the supplies delivered meet the requirements of Item
568 of the National Motor Freight. Classification for "heavy or
bulky freight". When supplies meeting the requirements of the
referenced Item 568 are delivered, unloading (including movement
to the tailgate) shall be .performed by the consignee, with
assistance from the truck driver, if requested. If the contractor
uses rail carrier or freight forwarded for less than carload
shipments, the contractor shall ensure that the carrier will
furnish tailgate delivery, when required, if transfer to truck is
required to complete delivery to.consignee..
The Contractor shall:
A. 1. Pack and mark the shipment to comply with contract
specifications; or
Page 5
METROPOLITAN DADE AUTY
�BID'NO. 4907-3/98-OTR
2. In the absence of specifications, prepare the shipment in
conformance with carrier requirements;
B. Prepare and distribute commercial bills of lading;
C. Deliver the shipment in good order and condition to the point of
delivery specified in the contract;
D. Be responsible for any loss of and/or damage to the goods
occurring before receipt of the shipment by the consignee at the
delivery point specified in the contract;
E. Furnish a delivery schedule and designate the mode of delivering
carrier; and
F. Pay and bear all charges to the specified point of delivery.
2,17 Intentionally Omitted
2.18 Intentionally Omitted
2.19 WARRANTY SHALL BE ONE YEAR FROM DATE OF ACCEPTANCE
A. Type of Warranty Coverage Required
In addition to all other warranties that may be supplied by the
bidder, the bidder shall warrant its products and/or service
against faulty labor and/or defective material for a minimum
period of one (1) year after the date of acceptance of the labor,
materials and/or equipment by the County. This warranty
requirement shall remain. in force for the full one (1) year
period; regardless of whether the bidder is under contract with
the County at the time of defect. Any payment by the County on
behalf of the goods or services received from the bidder does not
constitute a waiver of these warranty provisions.
B. Correcting Defects Covered Under Warranty
The bidder shall be 'responsible for promptly correcting any
deficiency, at no .cost to the County, within five (5) calendar
days after the County notifies the bidder of such deficiency in
writing. If the bidder fails to honor the warranty and/or fails
to correct or replace the defective work or items within the
period specified, the County may, at its discretion, notify the
bidder, in writing, that the bidder may be debarred as a County
bidder and/or subject to contractual default if the corrections or
replacements are not completed to the satisfaction of the County
within ten (10) calendar days of receipt of the notice. If the
bidder fails to satisfy the warranty within the period specified
in the notice, the County may (a) place the bidder in default of
its contract, and/or (b) procure the products or services from
another vendor and charge the bidder' for any additional costs that
are incurred by the County for this work or items; either through
a credit memorandum or through invoicing. r.
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METROPOLITAN DADE *TY
0 BID NO. 4907-3/98-OTR
2.20 CONTACT PERSON
For any additional information regarding the specifications and
requirements of this contract, Contact: Edgar Inniss at (305) 375-4260.
2.21 LOCAL PREFERENCE
The award of this contract is subject to Ordinance No. 94-166 amending
the code of Metropolitan Dade County, Florida effective September 23,
1994 which, except where federal or state law mandates to the
contrary, allows preference to `be .given to a. local business in the
amount of one and one-half percent (1.5%) of the bid proposal price.
In the case of tie bids involving local businesses, preference will be
given to the local business having the greatest percentage of its
employees that are Dade County residents.
For the purposes of the applicability of this ordinance, "local
business" means the vendor has its headquarters located in Dade County
or has a place of business located in Dade County at which it will
produce the goods or perform the services to be purchased.
2.22 QUARTERLY REPORTING, WHEN SUB -CONTRACTORS ARE UTILIZED
Bidders are advised that.when sub -contractors are utilized to fulfill
the terms and conditions of this contract, Metropolitan Dade County
Resolution No. 1634-93 will apply to this contract. This resolution
requires the successful contractor(s) to file quarterly reports as to
the amount of contract monies received from the`county and the amounts
thereof that have been paid by the contractor directly -to Black,
Hispanic and Women -Owned businesses performing part of the contract
work.
Additionally, the listed businesses are required to sign the reports,
verifying their participation in the contract work and their receipt
of such monies.
For purposes of applicability, the requirements of this resolution
shall be in addition to any other reporting requirements required by
law, ordinance or administrative order..
2.23 Intentionally Omitted
2.24 Intentionally Omitted
2.25 ACCIDENT PREVENTION AND BARRICADES
Precautions shall be exercised at all times for the protection of
persons and property. All Contractors. and Sub -Contractors shall
conform to all OSHA, State and County regulations while performing
under the Terms and Conditions of 'this contract. Any fines levied by
the above mentioned authorities because of inadequacies to comply with
these requirements shall be borne solely by the bidder responsible for
same. Barricades. shall be provided by the bidder when work is
performed in areas traversed by persons, or when deemed necessary by
the County Project Manager.
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METROPOLITAN DADE CO0TY
OBID NO. 4907-3 98-OT / R
2.26 AVAILABILITY OF CONTRACT TO OTHER COUNTY DEPARTMENTS
Although this Solicitation is specific to a County Department, it is
hereby agreed and understood that any County department or agency may
avail itself of this contract and purchase any and all items specified
herein from the successful bidder(s) at the contract price(s)
established herein. Under these circumstances, a separate purchase,
order shall be issued by the County which identifies the requirements
of the additional County department(s) or agency(ies).
2.27 CATALOGS AND PRICE LISTS SHOULD BE SUBMITTED WITH BID
The bidder shall submit two (2) copy(ies) of the current
manufacturer's and distributor's price list(s) and catalogs) with the
bid; provided, however, the bidder may be given the opportunity to
submit these documents- to the County during the bid evaluation
period. Failure to meet this requirement may result in your bid being
declared non -responsive. These documents shall be in effect at the
commencement of the contract and shall remain in effect for the life
of the contract; unless price escalations arespecifically allowable
in accordance.with Section 2.7 of this Invitation to Bid. Discounts
offered will be evaluated against these price lists and catalogs in
order to determine the lowest responsive, responsible bidder.
Upon request, the bidder shall provide additional sets of the
manufacturer's product catalogs and price lists at no cost to the
County.
2.28 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.
2.29 COMPLIANCE WITH FEDERAL, STATE AND LOCAL STANDARDS
All items to be purchased under this bid shall be in accordance with
all governmental standards, to include, but not limited to, those
issued by the Occupational Safety and Health Administration (OSHA),the
National Institute of Occupational Safety Hazards (NIOSH), and the
National Fire Protection Association (NFPA).
Requirements not addressed in above guidelines shall be in compliance
with prevailing safety standards as set forth in "A Handbook for
Public Playground Safety (Volumes I & II)" developed by the U. S.
Consumer Product Safety Commission and such safety standards indicated
by the Florida Recreation and Parks Association.
2.30 COUNTY WIDE
Any Governmental Unit in Dade, Broward
Florida, may avail itself of this contract
items specified herein from the successful
price(s) established herein.
and Palm Beach Counties,
and purchase
bidder(s) at
any and all
the,ntrc�t 6 1
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METROPOLITAN DADE SONTY
r1
BID NO. 4907-3/98-OTR
Each Governmental unit which uses a contract(s) resulting herefrom,
will establish its own contract, place its own orders, issue its own
purchase orders, :be invoiced therefrom and make its own payments and
issue its own exemption certificates as required by the bidder.
It is understood and agreed that 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.
2.31 EMPLOYEES ARE RESPONSIBILITY OF BIDDER
All employees of the bidder shall ,be considered to be, at all times,
the sole employees of the bidder under its sole direction and not an
employee 'or agent of Dade County. The bidder shall supply competent
and physically capable employees. Dade County may require the bidder
to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Dade County
property is not i.n the best interest of the County. Each employee
shall have and wear proper identification.
2.32 FURNISH AND INSTALL REQUIREMENTS
These specifications describe the various functions and classes of
work required as necessary for the completion of each project. Any
technical omissions of functions or classes within the sections of
these specifications shall not relieve the bidder from furnishing,
installing or performing such work where required to the satisfactory
completion of each project:
2.33 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, materi-
al 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.
2.34 LICENSES, PERMITS AND FEES
The bidder(s) shall obtain and pay for all licenses, permits and
inspection fees required for each 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
requiredlicenses, permits or fines shall be borne by the bidder.
Permits will be reimbursed at contractor's cost. Evidence of cost
shall be required.
2.35 OMISSION FROM THE SPECIFICATIONS
The apparent silence of this specification and any addendum regarding
any details or the omission from the specification of a detailed
description concerning any point shall be regarded as meaning that
only the best commercial practices are to prevail, and that only
Page gr
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METROPOLITAN DADE C4011TY
0BID NO. 4907-3/98-OTR
materials and workmanship of first quality are to be used. All
interpretations of this specification shall be made upon the basis of
this agreement.
2.36 PACKING'SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY
The successful bidder shall enclose a complete packing slip or
delivery ticket with any items to be delivered in conjunction with
this bid solicitation. The packing slip shall be attached to the
shipping carton(s) which contain the items and shall be made available
to the County's authorized representative during delivery. The
packing slip or delivery ticket shall include, at. a minimum, the
following information: purchase order number; date of order; a
complete listing of items being delivered; and back -'order quantities
and estimated delivery of back -orders if applicable.
2.37 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 bidder during, the term of this contract; and the bidder
shall be held responsible for repairing or replacing property to the
satisfaction of the County which is damaged by reason of the bidder's
operation on the property.
2.38 PURCHASE OF OTHER ITEMS NOT LISTED ON THIS BID SOLICITATION BASED ON
PRICE QUOTES
While the County has listed all major items on the bid solicitation
which are utilized by County departments in conjunction with its
operations, there may be additional items that must be purchased by
the County during the term of this contract. Under these
circumstances, a County representative will contact the primary vendor
to obtain a price quote for the additional items: If there are
multiple vendors on the contract, the County representative may also
obtain price quotes from these vendors. The County reserves the right
to award these additional items to a contract vendor based on the
lowest price quote or to bid the items through a separate
solicitation.
2.39 SALES TAX
Dade County is exempt from all State, Federal and Local Sales Tax.
Not withstanding, bidders should be aware of the fact that any
materials and/or supplies which are purchased by the bidder, in
conjunction with this Contract, may be subject to Sales Tax, in
accordance with Section 212.08 Florida Statutes amended 1970 and all
amendments, thereto and such taxes shall be borne solely by the
bidder.
2.40 SUB -CONTRACTORS OF WORK SHALL BE IDENTIFIED
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, respon W
lTo
d
_I
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METROPOLITAN DADE UNTY BID NO. 4907-3/98-OTR
business standing shall be considered by the County when making the
award i,n, 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.
NOTE: Subcontractors shall be required to submit upon request written
Factory Certification that they are certified/authorized to
install playground equipment manufactured by the specific
manufacturer.
2.41 WORK ACCEPTANCE
All projects will be inspected by 'an authorized representative of the
County. These inspections shall,. be performed to determine acceptance
of work, appropriate invoicing, and warranty conditions.._
1)0_
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METROPOLITAN DADE Cry 10BID NO. 4907-3/98-OTR
SECTION 3.0 TECHNICAL SPECIFICATIONS
PLAYGROUND AND PARK EQUIPMENT (FURNISH, DELIVER AND INSTALL)
3.1 SCOPE
The purpose and intent of this invitation to bid is to secure a firm
fixed percentage discount from last column of manufacturer's price
list for the purchase and delivery of PLAYGROUND & PARK EQUIPMENT,
secure a firm fixed percentage of COST (after discount) for
installation of playground equipment, and to establish a fixed price
for the installation of playground infrastructure to include resilient
surfacing materials, concrete slabs, curbing and trap sand #70.
3.2 THE WORK - INSTALLATION)
A. Contractor shall ensure all work is installed straight, level,
plumb and in a workmanlike manner.
B. Contractor shall verify and be responsible for the accuracy of all
field measurements.
C. Contractor shall be responsible for restoration of the site to its
original condition to include resodding of the area affected by
their work with sod which is. of the same variety and quality as
the surrounding sod. Where no sod exists prior to installation,
the Contractor shall restore grade to a level consistent with the
surrounding grade.
D. Contractor shall be responsible for the layout and location of all
equipment and infrastructure included in the contract. Park and
Recreation Department surveyors will set elevations and set the
corners of the playground area at the start of construction. Park
and Recreation Department surveyors will also locate and mark
underground utilities in the immediate area of the construction.
The Park and Recreation Department Landscape Architect will,
inspect the project when the layout and location has been
completed by the Contractor. A 24-hour advance notice will be
required for this inspection. NOTE: See Attachments 1, 2, 3 and
4.
E. Contractor shall be responsible for installing any infrastructure
included in the contract according to the plans and specifications
provided by the Park and Recreation Department. These plans and
specifications are included as part of the contract.
F. An English-speaking supervisor/representative must be on the work
site at all times, who shall be thoroughly knowledgeable of all
plans, specifications and other contract documents and has the
authority to act in the Contractor's behalf.
G. Contractor shall be responsible for scheduling an inspection by
the Park and Recreation Department Landscape Architect after the
holes for the footings have been excavated and prior to pouring of
concrete. A 24-hour advance notice will be required for this
inspection. 0 0— 1� 61
1 Page ,
.Page L
METROPOLITAN DADE CY
T
41ID NO. 4907-3/98-OTR
r OPENING: 1:00 P.M. Wednesday
DATE: MARCH 15, 1995
.CLERK OF THE BOARD
Metro Dade Center
ill N.W. 1st Street
Suite 210
is ON TO BID Miami, Florida 33128
1 CTIoa 4.0 BID PROPOSAL FORMS
PLEASE OTE PRICES LESS TAXES., F.O.B. DESTINATION, DELIVERED IN DADE COUNTY, FLORIDA
NOTE: Dade County is Exempt From All Taxes (Federal, State, Local). Bid Price Should Be
Less All.Taxes. Tax Exemption Certificate Will Be Furnished By The County On Request
Issued -By: VICTOR J. MONZON-AGUIRRE Date Issued: 02/13/95 This.Bid Proposal Consists
Director of General Services Admin. Dade County Florida. o of Pages 13 thru 19
-------- ______ ------------------------------------------- ________
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.
PLAYGROUND AND PARK EQUIPMENT, FURNISH, DELIVER AND INSTALL FOR THE
PARK AND RECREATION DEPARTMENT FOR A PERIOD OF ONE (1) YEAR
WITH COUNTY OPTION TO RENEW FOR THREE (3) ADDITIONAL YEARS
ON A YEAR BY YEAR BASIS
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 Dade County.
DO NOT WRITE IN THIS SPACE
ACCEPTED _ REJECTED _
NON -RESPONSIVE NO BID
DATE B.C.C.
ITEM NOS. ACCEPTED
COMMODITY CODE: 650-12/ 650-18
SPECIALIST: Edgar Inniss, CPPB/slrb
FIRM NAME
STREET ADDRESS
CITY
STATE & ZIP CODE
TELEPHONE NUMBER
AUTHORIZED AGENT
TITLE OF OFFICER
I
Page 13
���U
METROPOLITAN DADE ONTY
0 BID NO. 4907-3/98-OTR
FIRM NAME:
8ID PROPOSAL FOR:
PLAYGROUND AND PARK EQUIPMENT (FURNISH, DELIVER AND INSTALL)
----- =
Item Description Discount
1. Distributor's Catalog
Fixed percentage discount: Playground and Park Equipment
Vendor
Discount off List Price (if applicable)
Minimum Order Amount ($)
Delivery days ARO
Price List No. dated
Manufacturer's Catalogs
Fixed Percentage Discount: Playground and Park Equipment
MANUFACTURER
Minimum Order Amount $ (If Applicable)
Delivery days ARO
Price List No. dated
OPTION A
INSTALLATION: Fixed Percentage over Cost
(after discount) of equipment
DISCOUNT OFF
LIST .PRICE
%
Page 14
METROPOLITAN DADE CAWY BID N0. 4907-3/98-OTR
BID PROPOSAL FOR:
PLAYGROUND AND PARK EQUIPMENT (FURNISH, DELIVER AND INSTALL)
FIRM NAME: -
Unit
Price
Unit Price
Unit Price
Item Description Per
S/F
Per S/F
Per S/F
less
than
1,000 to
over 3,000
1,000
S/F
3,000 S/F
S/F
OPTION B: INFRASTRUCTURE
(1) Rubber/plastic safety surfacing the (if n
included in vendor catalog.) List all
available thickness for 200 G. MAX rating.
(2) Rubber/plastic safety surfacing tile
installation (labor and materials needed
for installation). Indicate glue -down
method.
(3) Poured in place rubber safety, surfacing,
labor and materials, 2" thickness
(200 G. MAX rating).. List max. fall height
(4) Trap sand #70, delivered and spread
(per cu. yd.)
(5) Recycled tires, 99.9% free of fabrics and
metal, rubber granule dimensions from '," to
3/8" in size, 6" deep, 200 G. MAX
(per sq. ft.)
(6) Concrete slabs, labor and materials
as per detail (per sq. ft.)'
(7) Thickened edge for concrete slab,
labor and materials as per detail #1
(per lin. ft.)
(8) Thickened edge for concrete slab,
labor and materials as per detail #2
(per lin. ft.)
;9) Concrete curb, labor and materials
as per detail (per lin. ft.)
10) 4" x 12" timber retainers, as per
detail (per lin. ft.)
Unit rice
$ /Cu. Yd. .
$ /Sq. Ft.
$ /Sq. Ft.
$ /Lin. Ft.
$ /Lin. Ft.
$ /Lin. Ft.
$ /Lin. Ft.
I
Page 15
METROPOLITAN DADE ARTY OBID NO. 4907-3/98-OTR
BID PROPOSAL FOR:
PLAYGROUND AND PARK EQUIPMENT (FURNISH, DELIVER AND INSTALL)
FIRM NAME:
Item Description
OPTION B: INFRASTRUCTURE (CONTINUED)
(11) Excavation (per cubic yd. including
removal and disposal) $ /Cu. Yd.
VARIANCES: State any variances, however slight, to the listed options.
0 —
oa..16
� wy.. �
METROPOLITAN DADE C Y BID NO. 4907-3/98-OTR
BID PROPOSAL. FOR:
PLAYGROUND AND PARK EQUIPMENT (FURNISH, DELIVER AND INSTALL)
FIRM NAME:
-----------------------------------------------------------------------------------------
STATEMENT OF SUB -CONTRACTORS
Bidder is to list below in the space provided a statement of sub -contractors, if any, to be
used in the performance of the. proposed Contract, as required in Section 2 - Special
Conditions.
SUB -CONTRACTOR ADDRESS PORTION OF WORK PHONE
COMPANY NAME TO BE DONE
00-1061
Page 1'
S
METROPOLITAN DADE Sky BID NO. 4907-3/98-OTR
BID PROPOSAL FOR:
PLAYGROUND AND PARK EQUIPMENT (FURNISH, DELIVER AND INSTALL)
---------------------------------------------------------------------------------------------
IF NO BID PLEASE INDICATE REASON: (Per Section 1.0, Para 1,3c, General Conditions)
--------------------------------------------------------------------------------------------
Prompt Payment Terms: % days net day
FID NO. of Bidder: (Bidders Federal Identification Number as used on
Return. Form 941.) If none Bidders 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 awards -made to him as a result of this bid.
FIRM NAME
STREET ADDRESS
CITY,STATE,& ZIP CODE
TELEPHONE NUMBER FAX NUMBER
AUTHORIZED SIGNATURE
(Signature) (Print Name) (Date)
TITLE OF OFFICER
State below mailing address (if other than above):
P.O. BOX
city state zip code
METROPOLITAN DADE A Y BID NO. 4907-3/98-OTR
ACKNOWLEDGEMENT OF ADDENDA
TITLE: PLAYGROUND AND PLAY EQUIPMENT BID NO. 4907-3/98-OTR
FURNISH, DELIVER AND INSTALL
DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I: LIST BELOW ARE THE DATES OFISSUE FOR EACH ADDENDUM RECEIVED
IN CONNECTION WITH THIS BID:
Addendum # 1, Dated 199
Addendum # 2, Dated , 199.
Addendum # 3, Dated 199
Addendum # 4, Dated 199.
Addendum # 5, Dated 199
Addendum #.6, Dated r 199
Addendum # 7, Dated , 199
Addendum # 8, Dated , 199
Addendum # 9, Dated , 199.
PART II:
NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
;Date
FIRM NAME:
AUTHORIZED SIGNATURE:
--------------------------------------------------------------------------
--------------------------------------------------------------------------�,,
Page, 19
ATTACHMENT l
4' X 12' PRESSURE TREATED WOOD CURB
V CIIAMFER BOTH SIDES
4:1 SLOPE TO
EXISTING GRADE SILICA TRAP SANE) 070
1111=1illzllfT�l►Ir_ .11iT_IITT= fTll�llrl"�`Qjl I �'i, `' ' . ,' , '-T .• ,
Till � , . •
EXISTING UNDISTURBED GROUND II NPil-L ;.
II-'411=►I =III �1111�1111= � �I III
II _IIII_IIi1=1111� III= I
�''--05 STEEL REBXR 270 LONG
Ll MAXIMUM SPACING 0' C.C. WITII A
MINIMUM OF 2 PER SECTION
•
TOT -LOT WOOD CURB CONSTRUCTION DETAIL
I NOT TO SCALE
I�
1�
ATTACHMENT 2
.ROUNDED EDGES
4:1 SLOPE TO ••
EXISTING GRADE de
EXISTING
IIII •� � t ': • .
EXISTING UNDISTURBED GROUND =_ I�lilslii=lii-lll�'Il�;jlt
a t4 O RE -BARS
SAND FOR TOT -LOT
TRAP SAND #70
TOT -LOT CONCRETE CURB
CONSTRUCTION DETAIL
NOT TO SCALE
t
C)
•
4
•
A TTA C UI ME N' 1, 3
CONCRETE SLAB
6"X6"-6/6 WWF
#5 REBAR (CONT)
COMPACTED FILL
•
TOT -LOT CONCRETE THICKENED EDGE
& SLAB CONSTRUCTION DETAIL .
NOT TO SCALE
METROPOLITAN DADE COUNTY
FLORIDA
Department of Business and Economic Development
BLACK BUSINESS ENTERPRISE PROGRAM
(ORDINANCE 94-96 - A.O. 3-3)
HISPANIC BUSINESS ENTERPRISE PROGRAM
(ORDINANCE 94-95 - A.O. 3-17)
WOMEN BUSINESS ENTERPRISE PROGRAM
(ORDINANCE 94-94 - A.O. 3-18)
PARTICIPATION PROVISIONS
There are five (5) contract measures: Set -Asides, Subcontractor Goals, Project Goals,
Selection Factors and Bid Preference.
THE CONTRACT MEASURE(S) APPLICABLE
TO THIS PROJECT:
Set -Aside
Subcontractor Goals
Project Goals
Bid Preference
Selection Factor
Department of Business and Economic Development
111 NW 1st Street, Suite 1710
Miami, Florida 33128-1975
(305) 3754132 Fax 375-4232
Revised October 1994
00-1061
•
is
Section
A. Definitions
B. General Information
C. Certification
D. Contract Measures
1. Set -Aside
2. Subcontractor Goals
3. Bid Preferences
E. BBE, HBE, and WBE Selection Factor
F. Pre -Award Compliance
1. Investigatory Meeting
2. Determination by MDC
3. Informal Hearings by Contracting Officer
4. Consideration of Other Bids
5. Failure of Bidder to Participate
G. Prompt Payment
H. Post Award Compliance and Monitoring
1. Approval of Subcontracts
2. Access to Records
3. Monthly Reporting
4. Deviations From the Schedule of
Participation
I. Sanctions for Contractual Violations
J. Debarment
K. Project Goals - Reserved-
PAU
3
8
8
�J
9
10
13
15
15
15
16
16
16
17
17
17
17
17
18
18
20
21
00-1061
•
Section EM
L. Appendices 22
1. Project Worksheet
2. Forms
a. Schedule of Participation
DBED 101
b. Letter of Intent
DBED 102
c. Certificate of Unavailability
DBED 103
d. Set -Aside List of Subcontractors
DBED 104
e. Monthly Employment Data Report
M-201
f. Monthly Utilization Report
M-200
g. Bid Preference
DBED 105
h. Significant Utilization
DBED 106
3. Certification List
2 -11
A. DEFINITIONS: The definitions in this section apply only to these Participation Provisions,
hereafter referred to as "Provisions". These Provisions shall apply to every bid, request for
proposals and contract to which a contract measure is applied. The phrase "BBE, and/or
HBE, and/or WBE, as appropriate," means to apply the contract measures to this contract
as indicated on the cover sheet. Only the contract measures and programs indicated on the
cover sheet apply. For example: If the cover sheet indicates a 10% subcontractor goal for
BBEs and a 20. % subcontractor goal for WBE's, and no subcontractor goals for HBEs, then
only BBE and WBE subcontractors goals would apply to this bid.
Note: THESE PROVISIONS ARE IN ADDITION TO FEDERAL REQUIREMENTS
GOVERNING DISADVANTAGED BUSINESS ENTERPRISES.
1. "Approval Letter" means a document issued by DBED at the request of a BBE, and/or
HBE, and/or WBE, as appropriate, or bidder that, based on the- written
representations of the BBE,, and/or HBE, and/or WBE as appropriate, or bidder,
finds a specified activity or scope of work consistent with normal industry practice.
2. "Available or availability" means to have, prior to bid submission, the ability to
provide goods or services under a contract, by having: reasonably estimated,
uncommitted capacity; all necessary licenses, permits, registrations and certifications;
the ability to obtain bonding that is reasonably required consistent with normal
industry practice; and the ability to otherwise meet bid specifications.
3. "Bid" means a quotation, proposal, letter of interest or offer by any bidder in response
to any kind of invitation, request or public announcement to submit such quotation,
proposal, letter of interest or offer for a contract.
4. "Bidder" means any person, partnership, corporation or other business -entity -that
submits a bid.
5. "Bid preference", means an amount deducted from the total bid price in order to
calculate the bid price to be used to evaluate the bid.
6. "Black" means a person who is a citizen or lawful resident of the United States and
who has origins in any of the Black racial groups of Africa.
7. "Black Business Enterprise" or "BBE" means a firm that is owned and controlled by
one or more Black individuals, has an actual place of business in Dade County, and is
certified in accordance with Ordinance 94-96., and Administrative Order 3-3.
8. "BBE selection factor means an element specified in bid documents that designates as
one criteria for choosing among bids that the bidder is a non-BBE that demonstrates
significant utilization of BBEs in accordance with Ordinances 94-96 is a BBE or is a
joint venture owned and controlled by a BBE.
30 U+ U
"HBE selection factor" means an element specified in bid documents that designates as
one criteria for choosing among bids that the bidder is a non-HBE that demonstrates
significant utilization of HBEs in accordance with Ordinances 94-95 is a HBE or is a
joint venture owned and controlled by a HBE.
"WBE selection factor" means an element specified in bid documents that designates as
one criteria for choosing among bids that the bidder is a non-WBE that demonstrates
significant utilization of WBEs in accordance with Ordinances 94-94 is a WBE or is a
joint venture owned and controlled by a WBE.
9. 'Board" means the Metropolitan Dade County Board of County Commissioners, Dade
County, Florida.
10. "Broker" means an individual or business that acts as a contact for the purchase of
goods or services from a supplier and transfers funds. to a non-BBE and/or non-HBE
and /or non WBE, as appropriate, in a manner that does not add economic value to the
purchase, except where such conduct is normal industry practice.
11. "Certification List" means a list maintained by the Department of Business and
Economic Development that contains the names, addresses, and certification expiration
date, of certified BBEs, and/or HBEs, and/or WBEs, as appropriate, sorted by trade,
service, and/or commodity.
12. "Commercially useful function" means contractual responsibility for the execution of a
distinct element of the work of a contract by a business enterprise and the carrying out
of its contractual responsibilities by actually performing, managing, and supervising
the work involved other than acting as- a broker. The determination -of -whether an.
activity is a commercially usefid function shall include the evaluation of the amount of
work subcontracted, normal industry practices, the skills, qualifications, or expertise of
the enterprise to perform the work, whether the business owner himself or herself
performs, manages, and/or supervises the work involved, and other relevant factors.
13. "Compliance monitor" means the Director of the Department of Business and
Economic Development or his or her designee assigned to review compliance pursuant
to Ordinances 94-96, 94-95, 94-94 and the Administrative Orders 3-3, 3-17, and 34S.
14. Contract means an agreement proposed by County staff, or approved by the County
Commission in any of the following classes:
i. procurement of goods and services not included in the classes b, c, and d
below;
4 00_11-1
U61
ii. construction of a public improvement;
iii. professional services subject to Section 287.055, Florida Statutes, and Section
2-10.4 of the Code of Metropolitan Dade County;
iv. or other professional services including but not limited to accounting, legal,
health care, consulting and management services. '
V. Contract does not mean an agreement to purchase, lease, or rent real property;
grant licenses, permits, or franchises; operate concessions; or make grants.
15. "Contract Measure" means a set -aside, or a subcontract goal, or a project goal, or a bid
preference, or a selection factor, singly or in or any combination.
16. "Contracting Officer" means the person assigned under a contract, usually a
Department Director or his or her designee, who has primary responsibility to monitor
the contract and enforce contract requirements.
I7. "County" means Metropolitan Dade County, Florida, a political subdivision of the
State of Florida.
18. "Debar" means to exclude a contractor, its individual officers, its shareholders with
significant interests, or its affiliated businesses from county contracting and
subcontracting for a specified period of time, not to exceed five (5) years.
19. "DBED" means the Metropolitan Dade County Department of Business and Economic
Development.
20. "Employment Data Report" means a document completed by a subcontracting. BBE,
and/or HBE, and/or WBE as appropriate, and submitted monthly by the successful
bidder on a contract with goals providing information regarding the number, gender,
race and ethnicity of the BBE, and/or HBE, and/or WBE's as appropriate,
employees.
21. "Goods" means any tangible product, material or supply that is not a service.
22. "Hispanic" means a person who is a citizen or lawful resident of the United States who
has origins in Cuba, Mexico, Puerto Rico, Central or South America or other Spanish
or Portuguese culture regardless of race.
23. "Hispanic business enterprise or HBE" means a business that is owned and controlled
by one or more Hispanic individuals; has its principal place of business in Dade
County; and is certified in accordance with Ordinance 94-95 and Administrative Order
3-17
5
0U-10Gi
24. "Joint venture" means an association of two or more persons, partnerships,
corporations, other business entities or any combination of the above, at least one of
which is a BBE, and/or HBE, and/or WBE as appropriate, certified in accordance
with the relevant ordinance, that is lawfully established to carry on a single business
activity that is limited in scope and duration.
25. "Joint Venture Agreement" means a document submitted to DBED by a joint venture
that provides information regarding the nature of the joint venture.
26. "Letter of Intent" means a letter signed by a subcontracting BBE, and/or HBE, and/or
WBE as appropriate, detailing the scope and dollar value of the work to be performed
by the BBE, and/or HBE, and/or WBE as appropriate, for the successful bidder on a
contract with subcontractor goals.
27. "MDC" means Metropolitan Dade County, Florida.
28. "Owned and controlled" means a business that is at least fifty one (51) percent owned
by one or more Blacks, Hispanics or women, as appropriate, or in the case of a publicly
owned business, at least fifty one (51) percent of the stock of which is owned by one or
more Blacks, Hispanics or women, as appropriate, and whose management and daily
business operations are controlled by one or more such individuals. The determination
of whether an owner has demonstrated such control shall include an evaluation of the
following: the owner's. experience in the industry in which certification is sought; the
owner's independence in making business policy and day-to-day operational decisions;
the owner's technical competency or knowledge of technical. requirements in the
industry in which certification is sought; and other relevant factors.
29. "PMD" means the General Services Administration Procurement Management
Division.
30. "Principal Place of Business" means the location at which the business records of the
applicant concern are maintained and the location at which the individual who manages
the day-to-day operations spends the majority of his/her working hours.
31. Project goal means that a proportion of a total contract value stated as a percentage to
be awarded to HBEs in contracts that create a pool of qualified contractors from which
the County selects pool members to perform the work of the contract
32. "Review Committee" or "RC" means the committee established by the County
Manager to review proposed projects for the application of contract measures.
33. "Schedule of Participation" means a form contained in the bid documents of a contract
with goals on which bidders list at the time of bid submission all BBEs, and/or HBEs,
and/or WBE s, as appropriate, to be used to meet the goal, the scope of work each will
perform, including the goods or services to be provided, and the dollargg value of such
0 .0
work.
34. "Services" means construction, maintenance, alteration, or repair of a public
improvement and any performance of work offered for public or private consumption
that does not consist primarily of goods.
35. "Set -aside" means the designation of a given contract for competition solely among
BBEs, and/or HBEs, and/or WBEs, as appropriate.
36. "Set -aside List of Subcontractors" means a form contained in the bid documents of
set -aside contracts for services identifying the work the bidder will perform with his
own forces'and, listing attune of bid submission, all subcontractors, the scope of work
each will perform, including the services each will provide, and the dollar value of such
work.
37. "Significant Utilization" means purchases of goods or .services from BBEs, and/or
HBEs, and/or WBEs as appropriate, by a bidder in the preceding twenty-four (24)
months that: were not required under 'governmental contract measures or Minority
Business Enterprise Program; and were not a nominal amount relative to the bidder's
purchases of goods and services in Dade County, the bidder's overall purchases of
goods and services, and the availability of BBEs, and/or HBEs, and/or WBEs, as
appropriate; and were pursuant to the bidder's systematic efforts to eliminate
discrimination against BBEs, and/or HBEs, and/or WBEs, as appropriate, in its
purchases of goods and services in Dade County.
38. "Subcontractor goal" means a proportion of a total contract value stated as a percentage
to be subcontracted to a BBE, and/or HBE, and/or WBE, as appropriate, to perform
a commercially useful function.
39. "Successful bidder" means the bidder to which the contract is awarded.
40. "Unavailability Certificate" means a document signed by a BBE, and/or HBE, and/or
WBE, as appropriate, stating that the BBE, and/or HBE, and/or WBE, as
appropriate, is not available to participate on a specific project at a specific time.
41. "Utilization Report" means a report completed by the successful bidder on a contract
with goals and submitted monthly listing all work performed in the past month by the
BBEs, and/or HBEs, and/or WBEs, as appropriate identified on the Schedule of
Participation and all expenditures made in the last month to the identified BBEs.
42. "Women " means persons of the female gender, regardless of race or ethnicity.
43. "Women business enterprise or WBE means a business that is owned and controlled
by one or. more women; has its principal place of business in Dade County; and is
•
certified in accordance with Ordinance 94-94 and Administrative Order 3-18.
44. "Work" means the provision of goods or services, including construction.
B. GENERAL INFORMATION
I. The bidder shall fully comply with these Provisions which implement Metropolitan
Dade County Ordinances 94-94, 94-95, and 94-96 and Administrative Orders 3-18,
3-17 and 3-3, respectively.
2. Five individual contract measures are possible under the Black Business Enterprise
Program (Ordinance 94-96 and Administrative Order 3-3), the Hispanic Business
Enterprise Program (Ordinance 94-95 and Administrative Order 3-17) and the Women
Business Enterprise Program- (Ordinance 94-94 and Administrative Order 3-18):.
set -asides, subcontractor goals, bid preferences, project goals, and BBE, and/or HBE,
and/or VIBE, selection factors. While neither a bid preference nor a BBE and/or HBE
and/or WBE selection factor may be applied to set -aside contract, contract measures
may otherwise be used in combination with each other. For instance a set -aside
contract for WBEs may also contain subcontractor goals for BBEs and HBEs. The
contract measure(s) applicable to this contract is indicated on the cover sheet of these
Provisions. MDC shall not award a contract to any bidder which it determines fails to
comply with all the applicable requirements of these Provisions.
3. A certification list is included as an appendix to assist bidder compliance with any
subcontractor goal established for this project. The certification list is updated every
two (2) weeks. Bidders must utilize the most current certification list in complying
with these Provisions. A current certification list may be obtained by contacting the
Metropolitan Dade County (MDC) Department of Business and Economic
Development (DBED) at III N.W. 1st Street, Suite 1710 or by telephone at (305)
375-4132, facsimile (305) 375-4232. In order to parddi ate as a BEE. -and/or
HBE, and/or WBE, as approprialZ on this contract a BBE, and/or HBE-
and/or MBE, as appropriate must have a valid certification at the time of bid
submittal. bid award, and throughout the duration of the contract in which the
]BBE. and/or HBE, and/or YME, as appropriafg, participates as a BRE, and/or
HBE, and/or WBE.
4. MDC shall monitor the compliance of the successful Bidder with the requirements of
these Provisions during the course of the work to be performed under the contract.
5. Forms necessary for submittal of information pertaining to these Provisions are
included in the appendix. Additional copies may be obtained by contacting the
Compliance Monitor (DBED), at: Metropolitan Dade County (MDC) Department of
Business and Economic Development (DBED) at I I I N.W. 1st Street, Suite 1710 or by
telephone at (305) 375-4132, facsimile (305) 3754232.
8 0"1061
C. CERTIFICATION
Attached as an example is a Certification List with a specified date. Certification Lists
are updated and issued every two weeks. Bidders shall use the most recent
Certification List available prior to :bid opening. Certification lists may be obtained
by contacting DBED-.at telephone number (305) 375-4132 during normal business
hours.
2. - The firms on the Certification List will be identified by trade, commodity or service
area. A BBE and/or HBE and/or WBE, as appropriate, must be certified in a trade,
commodity, or service area in order to be eligible to participate as a BBE, and/or
HBE, and/or WBE, as appropriate, on contracts in such trade, commodity or service
area. General contractors in order to be eligible to participate as a BBE, and/or HBE,
and/or WBE, as appropriate, subcontractor. must be certified in the trade, commodity
or service area in which they are to perform work as a BBE, and/or HBE,- and/or
WBE.
3. In order to participate as a BBE, and/or HBE, and/or WBE, as appropriate, on this
contract, a BBE, and/or HBE, and/or WBE, as appropriate, must have a valid
certification at the time of bid submittal, bid award, and throughout the duration of the
contract in which the BBE, and/or HBE, and/or WBE, as appropriate participates as
a BBE, and/or HBE, and/or WBE.
4. Joint Ventures. Only joint ventures approved by DBED in accordance with
Administrative Orders 3-3, 3-17, and/or 3-18, as appropriate, areeligible to participate
as joint ventures in the Program. Joint ventures must be lawfully established. The
Black, Hispanic and/or woman member of the joint venture must be certified as a .
BBE, and/or HBE, and/or WBE, as appropriate, before the joint venture can be
approved-
D. CONTRACT MEASURES
1. Set Asides
a. Contracts that are set -aside and do not have subcontractor goals are for bidding
solely among BBEs, and/or HBEs, and/or WBEs, as appropriate. A BBE, and/or
HBE, and/or WBE, as appropriate, awarded a set -aside contract shall not transfer to
a non-BBE, and/or non-HBE, and/or non-WBE, as appropriate, through
subcontracting or otherwise, any part of the actual work of the contract unless these
bid documents expressly and specifically require and/or permit such transfer as
consistent with normal industry practice, -or the BBE, and/or HBE, and/or WBE,
as appropriate, requests and receives prior to bid award an approval letter from
DBED.
9 0-1061
b. Set -aside contracts with subcontractor goals require that subcontractor goals be met
in areas specified in the Schedule of Participation. In areas not being used to meet a
subcontractor goal the work is to be performed by the BBE, and/or HBE, and/or
WBE for which the contract was set -aside.. For example: A BBE set -aside with a
20% WBE subcontractor goal requires 20% of the work be performed by a WBE
and the remaining work be performed by BBEs.
c. A BBE that. performs the work of the set -aside contract with its own forces may
count such work towards reducing the BBE goal applied to the contract by a
maximum of fifty (50) percent.
d. Bidders on set -asides that cannot demonstrate their compliance with the
requirements of the preceding paragraphs (D.(1.)(a.) and (b.) shall be found to be in
non-compliance with these provisions.
e. 'Bidders on set -asides, to be eligible for award, shall submit upon request of the
Compliance Monitor a "Set -Aside List of Subcontractors" (Form DBED 104).
Failure to submit the list and any relevant information the Compliance Monitor may
request with respect to the bidder's submitted list shall constitute non-compliance
with these provisions.
f. The following shall constitute non-compliance with these Provisions:
i. Submission of a Set -Aside List of Subcontractors that the bidder knew or
should have known is incomplete or inaccurate; or
ii. Deviation from the list without the written approval of the Compliance Monitor.
2. Subcontractor Goals
a_ The purpose of a Subcontractor Goal is to have portions of the work under the
Contract performed by available BBEs, and/or HBEs, and/or WBEs, as
appropriate, for prices totaling not less than the percentage of the contract price set
out in the bid form.
b. In contracts with subcontractor or project goals for BBEs, and/or HBEs, and/or
WBEs, as appropriate, a Black and/or Hispanic and/or Woman Business Enterprise
certified in more than one category shall be counted toward meeting the goal for one
category only. The prime bidder shall declare at bid submission toward which
subcontractor goal a business enterprise certified in more than one category shall
count
C. After a bid is advertised with a subcontractor or project goal, it may be reduced
only with the approval of the County Commission or, if the contract is to be
-44
executed by the Public Health Trust, by that body.
d. A bidder challenging or protesting the subcontractor or project or project goal must
submit to the office or person to whom the bid is submitted, no later than the time of
bid submission, written reasons for such challenge or protest. Challenges or protests
to a BBE, and/or HBE, and/or WBE, as appropriate, subcontractor goal by
bidders after the time of bid submission, or challenges based on reasons not
previously provided in writing prior to bid submission, shall not be heard by the
County Commission.
e. The Project Worksheet for establishing the stated _subcontractor goal is included in
the appendix of these Provisions.
f. Bidder Responsibilities for Subcontractor Goals:
i. Bidders must submit a completed Schedule of Participation (Form DBED 101)
at the time of bid submission. The Schedule of Participation constitutes a
written representation by the bidder that to the best of the bidder's knowledge
the BBEs, and/or HBEs, and/or WBEs, as appropriate, listed are available
and have agreed to perform as specified,' or that the Bidder will demonstrate
unavailability.. The Schedule of Participation is a commitment by the bidder
that if awarded the contract, it will enter into subcontracts with the identified
BBEs; and/or HBEs, and/or WBEs, as appropriate for the scope of work at
the price set forth in the Schedule of Participation.
ii. Bidders that are BBEs, and/or HBEs, and/or WBEs, as appropriate, and
bidders that are joint ventures that are owned and controlled by one or more
BBEs, and/or HBEs, and/or WBEs, as appropriate, may use their own forces
to meet up to 50% of a specified goal.
iii. Bidders who fail to submit the Schedule of Participation shall be considered
non -responsive. Bids that contain a defective Schedule of Participation are
voidable. Examples of defects include but are not limited to: incomplete
Schedules; the listing of an unidentifiable BBEs, and/or HBEs, and/or WBEs,
as. appropriate, and percentage miscalculations that are not mere clerical errors
apparent on the face of the Schedule.
iv. Expenditures to subcontracting BBEs, and/or HBEs, and/or WBEs, as
. appropriate, shall be counted toward meeting specified goals as follows:
(1) One hundred percent (100%) of the expenditures to BBEs, and/or HBEs,
and/or WBEs, as appropriate, that perform a commercially useful function
in the supply of goods or services required for fulfillment of the contract;
00-1061
0
(2) One hundred percent (100%) of the expenditures to BBEs, and/or HBEs,
and/or WBEs, as appropriate, that subcontract work further to non-BBEs,
and/or non-HBEs, and/or non-WBEs, as appropriate, only if bid
documents expressly and specifically permit such subcontracting as
consistent with normal industry practice, or the bidder or BBEs, and/or
HBEs, and/or WBEs, as appropriate, requests and receives prior to bid
award an approval letter from DBED;
(3) One hundred percent (100%) of the expenditures to BBEs, and/or HBEs,
and/or WBEs, as appropriate, who aree general contractors, working as
subcontractors, that perform actual work with their own forces;
(4) None of the expenditures to a BBEs, and/or HBEs, and/or WBEs, as
appropriate, that acts essentially as a conduit to transfer funds to a
non-BBEs, and/or non-HBEs, and/or non-WBEs, as appropriate, unless
bid documents expressly and specifically permit such transfers as consistent
with normal industry practice or the bidder or BBE, and/or HBE, and/or
WBE, as appropriate, requests and receives prior to bid award an approval
letter;
v. Bidders agree to take all necessary and reasonable steps in accordance with
these Provisions to ensure that BBEs, and/or HBEs, and/or WBEs, as
appropriate, have the maximum opportunity to compete for and perform this
contract. Bidders shall select portions. of the work to be performed by BBEs,
and/or HBEs, and/or WBEs, as appropriate, so as to increase the likelihood of
meeting the subcontractor goal including, where appropriate, breaking down
contracts into economically feasible units to facilitate BBE, and/or HBE,
and/or WBE, as appropriate, participation.
vi. Bidders must submit Letters of Intent (Form No. DBED 102) to the person or
office to whom the bid was submitted by 4:00 p.m. on the second business day
Mowing bid opening. Defective Letters of Intent are voidable. Examples of
defects include but are not limited to improperly executed letters, the listing of
an unidentifiable BBEs, and/or HBEs, and/or WBEs, as appropriate, and
percentage miscalculations that are not mere clerical errors apparent on the face
of the Letter of Intent. Expenditures to BBEs, and/or HBEs, and/or WBEs,
as appropriate, on a Schedule of Participation that are not confirmed by a Letter
of Intent shall not count toward the goal.
vii. Bidders whose bids do not meet the specified goal, in order to remain eligible,
must submit to the person or office to whom the bid was submitted by 4:00 p.m.
- on the second business day following bid submission evidence proving the lack
of available BBEs, and/or HBEs, and/or WBEs, as appropriate, to afford
effective competition to provide the goods or services to meet the subcontractor
12 -1061
goal. To prove lack of availability, bidders must submit the following:
(1) Unavailability Certificates (Form No. DBED 103) either completed and
signed by the BBE, and/or HBE, and/or WBE, as appropriate, or
completed and signed by the bidder explaining the contacts with the BBEs,
and/or HBEs, and/or WBEs, as appropriate„ statements or actions of the
BBEs, and/or HBEs, and/or WBEs, as appropriate, showing
unavailability, and the reason(s) why the BBEs, and/or HBEs, and/or
WBEs, as appropriate, signature could not be obtained; and
(2) A listing of any bids received from a BBEs, and/or HBEs, and/or WBEs,
as appropriate„ the scope of work and price of each bid, and the bidder's
reasons for rejecting each bid; and
(3) A statement of the bidder's contacts with DBED for assistance in
determining available BBEs, and/or HBEs, and/or WBEs, as appropriate,
and
(4) A statement showing compliance with paragraph D. 2. d. above; and
(5) A complete description of the bidder's process for soliciting and evaluating
bids1rom BBEs, and/or HBEs, and/or WBEs, as appropriate,
(6) Bidders may establish a BBE, and/or HBE, and/or WBE, as appropriate,
as unavailable if the bidder provides evidence proving the BBEs, and/or
HBEs, and/or WBEs, as appropriate, bid is not reasonably competitive
with comparable bids of non-BBE's, and/or non-HBE's, and/or
non-WBEs, as appropriate, for the same scope of work.
(7) Evidence of lack of availability may address only the period prior .to bid
submission.
viii. The bidder shall either meet the subcontractor goal or demonstrate lack of
availability as a condition of being awarded this Contract. If a bidder who has
not met the -subcontractor goal fails or refusm to substantiate the lack of
availability, any security submitted with the bid may be forfeited as liquidated
damages because of such failure or default.
ix. The successful bidder on a contract with subcontractor goals shall promptly
review billings from BBEs, and/or HBEs, and/or WBEs, as appropriate,
listed on the Schedule of Participation. On those amounts not in dispute, the
successful bidder must make payment within thirty (30) days of its receipt of
the billing.
3. BID PREFERENCE.
13 00-100
a. ELIGIBILITY. Bidders claiming a bid preference shall complete and submit with
their bid a claim of bid preference. The Compliance Monitor shall determine
whether the bidder qualifies for the bid preference for the specified contract. In the
event that a bidder qualifies for a bid preference in more than one category for the
specified contract, the bidder shall be awarded the largest preference. Only one
preference shall be awarded per bidder per contract. Bid preferences shall be given
to:
i. Bidders that are BBEs, and/or HBEs, and/or WBEs, as appropriate;
ii. Bidders that demonstrate significant utilization;
iii. Bidders that are joint ventures approved under Section III of Administrative
Orders 3-3 and/or 3-17and/or 3-18 as appropriate.
b. PREFERENCE LEVEL. Bid documents for contracts with bid preferences shall
state the following bid preferences which will be given to qualified bidders as
aTnrnnrinfi -
FBBEs
Bid Price
HBES
WBEs
Significant
Utilization of
BBEs,HBEs,
WBES
Joint Ventures
BBFs=>Sl%
HBF.s�51 %
WBEs=c,-51 %
Joint Venture
BB17s <51%
HBEs < 1 %
WBEs <51 %
25,000.<75,000
10.0%
7.50%
5.0%
3.75%
75,000 <125,000
5.0%
3.75%
2.50%
1.25%
125,000 < 250,000
4.0%
3.00%
2.00%
1.00% - - -
50,000 <500,000
3.0%
2.25%
1.50%
0.75%
500,000<1,000,000
2.0%
1.50%
1.00%
'0.50%
1,000,000Q,000,000
1.0%
0.75%
0.50%
0.25%
'On contracts greater than two million dollars ($2,000,000), the bid preference shall
only be calculated for the first two million dollars of the bid price. The bid
preference shall be calculated and subtracted from the total bid price. This
difference shall be used in evaluating the bid. The bid.,preference is used only to
calculate an amount to be used in evaluating the bid and does not affect the contract
puce. 0 — 0 6
14
C. DEMONSTRATING SIGNIFICANT UTILIZATION.
i. DBED shall prepare and make available on a monthly basis a list of BBEs ,
HBEs and WBEs that have held valid certifications during the prior twenty-four
(24) months.
ii. Bidders. claiming a bid preference based on significant utilization shall
demonstrate such significant utilization by submitting evidence including but
not limitW.to the following:
(1) Bidder's total purchases of goods and services in the prior twenty-four
months.
(2) Bidder's total purchases of goods and services in Dade County in the prior
twenty-four months.
(3) Bidder's total purchases from BBEs, and/or HBEs, and/or WBEs, as
appropriate, in the prior twenty-four months,identifying each BBE, and/or
HBE, and/or WBE, as appropriate
(4) Bidder's total purchases from BBEs in the prior twenty-four months,
identifying each BBE that was not pursuant to any governmental contract
or Black'Business Enterprise Program requirement with which the bidder
complied.
(5) Data showing lack of availability of BBEs.
(6) A description of the bidder's systematic efforts to eliminate discrimination
against BBEs in -its purchasing operations.
iii. Based on its review of the evidence, DBED shall issue a letter stating the bidder
has demonstrated significant utilization or the reasons why the bidder has failed
to demonstrate significant utilization.
E. BBE, HBE and WBE Selection Factor
1. In bid as that assign weights to evaluation or selection criteria, bid documents shall
assign a weight of ten percent (10%) to the BBE and/or HBE and /or WBE selection
factor, as appropriate. In bids that do not assign weights to evaluation or selection
criteria, bid documents shall provide that -among bidders evaluated to be otherwise
substantially equal, the BBE and/or HBE and /or WBE selection factor, as appropriate,
shall be the deciding factor for award of the bid.
15.
00-1061
2. A BBE and/or HBE and /or WBE selection factor, as appropriate, may be applied to
any request for proposals or similar invitations to bid that are not set -aside.
F. PRE -AWARD COMPLIANCE
1. Investigatory Meeting by Compliance Monitor.
a. The Compliance Monitor shall review for compliance with these provisions every
contract to which a contract measure has been applied If the Compliance Monitor
has concerns regarding compliance with these provisions, the Bidder ,shall uponat
least three (3) days notice meet with the Compliance Monitor. The purpose of this
investigatory meeting shall be for the Compliance Monitor to consider whether to
recommend the Bidder's bid be determined to be in compliance or non-compliance
with the requirements of these Provisions. The Compliance Monitor may consider
relevant information from any person in making this decision. At the investigatory
meeting the Bidder shall have an opportunity to present information and arguments
pertinent to his compliance with the applicable requirements. The Compliance
Monitor may require the Bidder to produce such information as the Compliance
Monitor deems appropriate and may obtain whatever other and further information.
from whatever sources the Compliance Monitor deems appropriate.
b. No later than fifteen (15) business days after this investigatory meeting with the
Bidder, the Compliance Monitor shall make a written recommendation to the
Contracting Officer which shall include a statement of the facts and reasons upon
which it is based: This recommendation shall also be forwarded to the Bidder.
o
2. Determination by MDC. Following receipt of a recommendation of non-compliance
from the Compliance Monitor, the' Contracting Officer shall notify the Bidder of an
informal hearing regarding the bidder's compliance with these provisions Such notice
shall indicate the date, time and place at which the Bidder will have an opportunity to
present pertinent arguments and information to the Contracting Officer relating to the
recommendation of non-compliance by the Compliance Monitor. The Bidder shall
supply such further relevant information as required by the Contracting Officer.
3. The Contracting Officer in conjunction with the Compliance Monitor may also conduct
informal hearings, to which the Bidder shall be invited, in which other parties invited
by the Contracting Officer may offer information relevant to the issue of the Bidder's
non-compliance.
4. The Contracting Officer shall in writing determine whether the bid of such Bidder
complies with the requirements of these Provisions and whether to recommend to the
County Manager that the Contract be awarded to the Bidder. A copy of such
recommendation shall be sent to the Bidder. Such recommendation shall not affect the
power of the Board of County Commissioners to reject the Biddees bid for any other
reason or to take such action on the recommendation of the Contracting Officer as the
16 0 0 - 10
0 .0
Board deems appropriate.
5. Consideration of Other Bids. If the Contracting Officer or Compliance Monitor deems
it advisable in the interest of expediting the award of the contract, the procedures set
forth in this subsection may be carried out with respect to the bids of one or more
additional Bidders at the same or different times with each such proceeding to be
separately conducted.
6. Failure of Bidder -to Participate. The Bidder will be bound by the proceedings under
this subsection to which they have been given required notice without regard to their
participation or lack of participation. A lack of participation upon receiving notices
and requests pursuant to these Provisions shall not be grounds for reconsideration of
any action taken in the proceedings.
7. MDC shall not award this contract to any Bidder which it determines fails to comply
with the applicable requirements of these Provisions. Nothing herein shall relieve any
Bidder from any of the terms, conditions or requirements of the contract or modify
MDC's rights as reserved in the Contract document.
G. PROMPT PAYMENT
1. It is the County's intent that BBEs and/or HBEs and/or WBEs providing goods or
services to the County shall receive payments promptly in order to maintain sufficient
cash flow.
2. The successful bidder on a contract with goals shall promptly review billings from
BBEs, and/or HBEs, and/or WBEs, as appropriate, listed on the Schedule of
Participation. On those amounts not in dispute, the successful bidder must make
payment within thirty (30) days of its receipt of the billing.
H. POST AWARD COMPLIANCE AND MONITORING
I. Approval of Subcontracts. The Successful Bidder shall submit to the Contract Officer
for approval subcontracts corresponding in all respects to the proposed agreements
listed on the Successful Bidder's Schedule of Participation or Set -Aside List of
Subcontractors, unless a deviation is approved under paragraph HA. below. The
Successful Bidder shall enter into each subcontract and shall thereafter neither
terminate any such subcontract nor reduce the scope of work to be performed by or
decrease the price to be paid to the BBEs, and/or HBEs, and/or WBEs, as
appropriate, thereunder without in each instance the prior written approval of the
Compliance Monitor. The Contracting Officer shall not give a final written
determination without a recommendation from the Compliance Monitor.
2. Access to Records. Successful bidders and BBEs shall permit the County to have
access during normal business hours to books and records relating to the bidder's
0 0.
compliance with the and/or contract measures applied to the contract or relating to
BBE compliance with certification requirements. Such books and records include but
are not limited to corporate documents, charters, organizational filings, tax filings,
registrations, licenses, stock registrations, partnership agreements, contracts,
subcontracts, joint venture agreements, checking accounts, journals, ledgers,
correspondence, and documents and records between the bidder or the BBE and other
entities. This right of access shall be granted for one year after completion of the work
or full payment of contract obligations, whichever comes last, or for one year after the
expiration of BBE certification.
3. Monthly Reporting. The successful bidder on a project with a contract measure shall
submit monthly a Utilization Report (Form M 200) and an Employment Data Report
(Form M 201) to the Contracting Officer on or before the tenth working day following
the end of the month the report covers. Standard reporting forms are included in these
Provisions. Additional forms may be obtained from the Compliance Monitor. The
Employment Data Report is to be completed by each BBE, and/or HBE, and/or
WBE, as appropriate, listed on the Schedule of Participation. or Set -Aside List of
Subcontractors and is to be submitted by the successful bidder. Failure to comply with
the reporting requirements may result in the imposition of either or both contractual
sanctions or administrative penalties by the County at its option.
4. Deviations from the Schedule of Participation or Set -Aside List of Subcontractors
a. In the event that during the performance of a contract a BBE, and/or HBE, and/or
WBE, as appropriate, is not able to provide the goods or services specified on the
Schedule of Participation, the successful bidder must locate a BBE, and/or HBE,
and/or WBE, as appropriate, to substitute for the unavailable BBE, and/or HBE,
and/or WBE, as appropriate, unless the bidder can prove the lack of an available
BBE, and/or HBE, and/or WBF,, as appropriate, to provide the goods or services
to be provided by the prior BBE, and/or HBE, and/or WBE, as appropriate.. The
successful bidder must receive approval from the Contracting Officer, revise the
Schedule of Participation to include the substitute BBE, and obtain a Letter of Intent
from the substitute BBE, and/or HBE, and/or WBE, as appropriate. A successful
bidder, that cannot secure a substitute BBE, and/or HBE, and/or WBE, as
appropriate, must provide a written statement to the Compliance Monitor and
Contracting Officer that includes a list of the names, addresses, and telephone
numbers of all BBEs, and/or HBEs, and/or WBEs, as appropriate, contacted, and
the date of contact for each BBE, and/or HBE, and/or WBE, as appropriate.
b. The Compliance Monitor shall be responsible for monitoring the performance of the
successful bidder regarding compliance . with contract measures applied to the
contract. The Compliance Monitor may, at his or her discretion, investigate
deviations in the utilization of BBEs, and/or HBEs, and/or WBEs, as appropriate,
from that described on the Schedule of Participation or Set -Aside List of
Subcontractors and make recommendations regarding c Ilana te
18 — ��
Contracting Officer. The Contracting Officer shall not make a final determination
without a recommendation regarding compliance from the Compliance Monitor.
Deviations from the goal stated in the contract that shall be monitored include but
are not limited to:
i. Termination of a BBEs, and/or HBEs, and/or WBEs, as appropriate,
subcontract;
ii. Reduction -in the scope of work to be performed by a BBE, and/or HBE,
and/or WBE, as appropriate;,
iii. Modifications to the terms of payment or price to be paid to BBEs, and/or
HBEs, and/or WBEs, as appropriate;
iv. Failure to enter into a contract with BBEs, and/or HBEs, and/or WBEs, as
appropriate.
c. Excuse from Entering Subcontracts. * If prior to execution of a subcontract required
by these Provisions, the Successful Bidder submits a written request to the
Contracting Officer demonstrating to the satisfaction of the Contracting Officer that,
as, a result of a change in circumstances beyond his control of which he was not
aware and could not reasonably have been aware until subsequent to the date of the
award of the Contract, a BBE, and/or HBE, and/or WBE, as appropriate, who is
to enter into such subcontract has unreasonably refused to execute the subcontract,
or is not available, the Successful Bidder shall be excused from executing such
subcontract. The procedures of paragraphs HAf and g. below apply to this
ParagraPh-
d. Termination of Subcontracts. If, after execution of a subcontract required by these
Provisions, the Successful Bidder submits a written request to the Contracting
Officer and demonstrates to the satisfaction of the Contracting Officer that, as a
result of a change in circumstances beyond his control of which he was not aware
and could not reasonably have been aware until subsequent to the date of execution
of such subcontract, a BBE, and/or HBE, and/or WBE, as appropriate, who
entered into such subcontract has committed ' a material breach of the subcontract,
the successful Bidder shall be entitled to exercise such rights as may be available to
him to terminate the subcontract. The procedures of paragraphs f. and g. below
apply to this paragraph.
e. MDC's Determination of Bidder's Excuse or Termination. If the Successful Bidder
at any time submits a written request to the Contracting Officer under the prior two
paragraphs the Contracting Officer, as soon as practicable, shall determine whether
the.Successful Bidder has made the requisite demonstration, and shall not determine
that such a demonstration has not'been made without first providing the Successful
Bidder, upon notice, an opportunity to present pertinent information and arguments.
19
U�`�.
The procedures of paragraphs f. and g. below apply to this paragraph.
f. Alternative Subcontracts. If the Successful Bidder is excused from entering into a
subcontract or rightfully terminates a subcontract under these Provisions and
without such subcontract the Successful Bidder will not achieve the level of BBE,
and/or HBE, and/or WBE, as appropriate, participation upon which the contract
was awarded, the Successful Bidder shall make every reasonable effort to propose
and enter into an alternative subcontract or subcontracts for the same work to be
performed by another available BBE, and/or HBE, and/or WBE, as appropriate,
for a subcontract price or prices totaling not less than the subcontract price under
the excused or terminated subcontract, less all amounts previously paid thereunder.
The Bidder must submit a revised Schedule of Participation or Set -Aside List of
Subcontractors and Letter of Intent to include the substitute BBE, and/or HBE,
and/or WBE, as appropriate,. A successful bidder that cannot secure a substitute
BBE must provide a written statement to the Compliance Monitor and Contracting
Officer that includes a list of the names, addresses, telephone numbers, and the date
of contact for each BBE, and/or . HBE, and/or WBE, as appropriate,. The
procedures of paragraphs f. and g. below apply to this paragraph.
g. The Compliance Monitor shall promptly meet with the Successful Bidder and
provide him with an opportunity to demonstrate compliance with these
requirements. The Compliance Monitor shall, as promptly as practicable,
recommend to the Contracting Officer whether the Successful Bidder should be
determined to be in compliance with these requirements. The Compliance Monitor
may require the Successful Bidder to produce such information as the Compliance
Monitor deems appropriate and may obtain whatever other and further information
from whatever sources the Compliance Monitor deems appropriate. The
Compliance Monitor shall make his recommendation under this paragraph to the
Contracting Officer and forward a copy to the Bidder.
h. The Contracting Officer will consider objections to the Compliance Monitor's
recommendation only if such written objections are received by the Contracting
Officer within five calendar days from the Successful Bidder's receipt of the
Compliance Monitor's recommendation. The Contracting Officer with or without a
hearing, as he in his discretion may determine, will reply to the Successful Bidder's
written objection within 10 days of receipt of these objections. The Contracting
Officer's determination upon consideration of the Successful Bidders written
objection shall be fmal and binding without right of appeal.
I. SANCTIONS FOR CONTRACTUAL VIOLATIONS
If at any time, the Successful Bidder is.in violation of his obligations under these Provisions,
MDC not withstanding any other penalties and sanctions provided by law may impose one
or more of the following:
11
1. The suspension of any payment or part thereof until such time as the issues concerning
compliance are resolved;
2. Work stoppage;
3. Termination, suspension, or cancellation of the contract in whole or part.
J. DEBARMENT
The County may debar a BBE, and/or HBE, and/or WBE, as appropriate, or a non-BBE,
and/or non-HBE, and/or non-WBE, as appropriate, for violation of, or non-compliance
with, the provisions of Ordinances 94-96, and/or 94-95, and/or 94-94, Administrative
Orders 3-3, 3-17, 3-18 or these bid documents.
1. Violations that may result in debarment include but are not limited to:
a. Falsifying or wrongfully withholding information in the certification, bidding, or
reporting processes for BBE, and/or HBE,, and/or WBE, as appropriate.
b. Failing to perform a commercially useful function, or subcontracting to a BBE,
and/or HBE, and/or WBE, as appropriate, by. a non-BBE, and/or non-HBE,
and/or non-WBE, as appropriate, that knew or should have known the BBE, and/or
HBE, and/or WBE, as appropriate, could not perform a commercially useful
function. When determining whether the BBE, and/or HBE, and/or WBE, as
appropriate, performs a commercially useful function, DBED shall consider factors
such as but not limited to:
i. Whether actual work is performed by the BBE, and/or HBE, and/or WBE, as
appropriate. Actual work includes drop shipping when the BBE,.and/or HBE,
and/or WBE, as appropriate, has actual and legal responsibility for billing
and performance of the contract. Brokering is considered to be actual work
when it is consistent with normal industry practice.
ii. Whether further subcontracting by the BBE, and/or BBE, and/or WBE, as
appropriate, is consistent with normal industry practice;
iii. Whether the BBE, and/or HBE, and/or WBE, as appropriate, subcontractor is
a general contractor,
iv. Whether the BBE, and/or HBE, and/or WBE, as appropriate, subcontractor
has entered into bonding agreements that shift to another the expenses, risks, or
responsibilities of the work for the purpose of meeting bonding requirements.
2. Debarment procedures shall comply with Section 10-38 of the Code of Metropolitan
Dade County.
21
U-1(Al
SCHEDULE OF PARTICIPATION
Name of Prk"s Contndor
Project No.
- — auuwnuuwlvre nano in me wa submittal at the time of bid submittal. The portion of the work to be performed by th
E and/or HBE and/or WBE member of a joint venture Is to beset forth In detall separately from the work to be performed by the non-BBE, and/or Non-HBE and/or non -WOE member of
Joint venture.
Name of Subcontractor
Certificate No.
o"Aowovn.waa
BBE HBE WOE
•
Type of work to be performed by '
Subcontractor
Dollar
Amount
% of Bid
AV
-
To be completed by the Primal ContradoNB/dder
Check appropriate box(es) if Unavailability
BBE ❑
�
I certify that the representations contained In this Schedule of PartiG
Certificates are Or Will be provided in lieu of
WBE ❑patlon
�
are to the best of my knowledge true and accurate.
or in addition to this Schedule of Participation to
HBE ❑
i
demonstrate the lack of availability.
i�
Date
Print Nome Tips
Name or CEO or Pnaldant
OBED 101
LETTER OF INTENT
BLACK, HISPANIC and WOMEN BUSINESS ENTERPRISE
PARTICIPATION
Bidders must submit Letters of Intent )to, the person or office to whom the bid was submitted by 4:00 p.m. on the second business day
following bid opening. Expenditures listed on a Schedule of Participationthat are not confirmed by a properly executed Letter of Intent
shall not count toward the goal. '
TO:
Name of Prime
CONTRACT NAME:
CONTRACT NO.:
The undersigned has reasonably uncommitted capacity sufficient to provide the required
goods or services, all licenses and permits necessary to provide such goods or services,
the ability to obtain bonding that is reasonably required to provide such goods or services
consistent with normal industry practice, and the ability to otherwise meet the bid
specifications.
TOTAL BID $
Signature Date
Print Name Title BBE Firm
DEED 102
ouylu
CERTIFICATE OF UNAVAILABILITY
Name Title
of certify that on
Firm Name Date
I contacted the
BBE, HBE, or WBE
to obtain a bid for work items to be performed on Metropolitan
Dade County Contract No.
Work items sought orm of Siasought i.e. unit price, materials
& labor, labor only. etc.
Signature
Print Name
I . was offered the above opportunity to bid
BBE, HBE or WBE
I, was unavailable to perform the above work at the above specified time due to:
I am aware that Metropolitan Dade County Administrative Orders provide that 'Any (BBE and/or HBE andiq WBE) that talc to bid at a minimum the
lessor of three (3) or 50 percent of the available projects. in its primary certified trade, commodity or service area, during the certification year may be
decertified or denied recertification
Signature
Print Name
DBED Certification Number
Expiration Date
Title DBED103 ®L
i rJBEO reserves the right to require bidders BE Diu sSubCmE on o�theOre�aSUBCONTRACTORS �0 fill Out
S form. The portion or Me wor
to be performed by the BBE, HBE or women member of a joint venture Is to be set forth In detail separately from thek
kwork to be performed
!PY the non-BBE, HBE and or women member. Bidder shall Identify the work to be provided by the bidder's own forces.
Name of Bidder:
Project Number:
C
I certify that the representations contained in this Set -Aside List of Contractors are to the best of my knowledge true and accurate.
Signature Date
� Telephone
Print Name Title DBED 104
11
11
BID PREFERENCE
Bidder's Name:
DBED Certification Number, H any:
Certification Expiration Date:
Check Appropriate Box.
Bidder Claims
Bidder 1 s a Joint
Bidder i a a Joint
Bidder Is a
Significant
Venture •
Venture •
Certified
Utifizallon of
SSE ❑
BBEs❑
BBE = > 51 % ❑
SSE < 51%
HBE ❑
HBEsO
HBE = > 51% ❑
HBE < 51% ❑
Dollar Range of Bid
WBE ❑
WBEC
WBE = > 51% ❑
WBE < 51% ❑
>25,000 <75,004
10.0%
7.50%
5.0%
3.750/-
75,000 <125,000
5.0%
3.75%
2.50%
1.25%
125,000 < 250,000
4.0%
3.00%
2.00%
1.00%
250,000 <500,000
3.0%
2.25%
1.50%
0.75%
500,000<1,000,000
2.0%
1.50%
1.00%
0.50%
1,000,000<2,000,000
1.0%
0.75%
0.50%
0.25%
if Bidder is claiming Significant Utilization attach DBED Form 106 or DBED letter
issued pursuant to A.3.c.of Administrative Orders 3-3,3-17 or 3-18.
"All joint ventures must be approved by DBED prior to bid submission.
DBED Form 105
SIGNIFICANT UTILIZATION
of BLACK, and/or HISPANIC and/or WOMEN BUSINESS ENTERPRISES
Check Applicable
Contract Title:
Contract No.
Date:
Purchases from subject i ms. not pursuant o any governmental race, gender orethnic-conscious contract measures.
Purchases Prior 24 Months
BBE, and/or HBE and/or WBE
Services
Provided
Amount
Expended
Contract
Amount
Motyr
Totals
aye �•:::.;.
Bidders total purchases of goods and services In prior 24 months .........
•.s•::.
Bidders total purchases of goods and services in Dade County in the prior 24 Months :......
Describe your systematic efforts to eliminate dautnination againt BBEs and/or HBEs and /or WBEs in your ptcdwsiq operation-
Note: Bidders may submit additional evidence in any reasonable manner that they believe demonstrates significant utilization.
Describe any systematic efforts to eliminate discrimination against BBE's and/or HBEs and /or WBEs in your purchasing operatiom
I certify that the representations above are to the best of my knowledge true and accurate.
AUTHORIZED SIGNATURE OF BIDDER
PRINT NAME
TITLE
COMPANY
�y.
TELEPHONE DATE DEED Form 10¢) U ��
---- - MONTHLY UTILIZATION REPORT
Successful bidders on projects with subcontractor goals must file this report. Failure to comply may result in MDC commencing proceedings to impose
sanctions on the successful bidder, in addition to pursuing any other available legal remedy. Sanctions may include the suspension
of any payment or part thereof, termination or cancellation of the contract, and the denial to participate in any further contracts
Keporting Period
From: To:
OBE Subcontract Goat: %
awarded by MDC.
HBE Subcontract Goal: %
WBE qubcontract Goal:
Bid�rsName and Address
anderal Employer Identification
Nu
Date of
Pro -Bid
Conference
SUCCESSEut,
Date of
Bid
Opening
t3luuER
Bid
Amount
INFORMATION
Change
Order
Amount
Goat
Submitted
Date
of
Award
Schedule
Completion
Dale
Percent
Contract
Completed
mnunf RonuiciNnnn.i
0... CDC o..L........-.._._�
— — —
.u_
---... __....-- --
..__._ �_ ..
,.—_..---- ----
_ ....__.......y
Amount of Requisition this Period: $ Total Amount Requisitioned for BBE Subscontractors to Date:$
Total Amount Requisitioned to Date: $
Total Amount Received by Prime to Date: $ Amount Requisitioned for HBE Subcontractors this Period: $
Total Amount Requisitioned for HBE Subscontractors to Date:$
Amount Requisitioned for WBE Subcontractors this Period: $
TMOI A—IM !—_ &A-- ems.... _ _ _ _.__ _. _
Check
Appropriate Box
BBE HBE WBE
Contract
Amount
�� ��• •1-u.Q1uV11eV 1U1 rroa
Name of Subcontractor
Description of Work
buuscontractors
Amount
Requested
this Requisition
to uate:$
Amount Paid
to Sub to
Date
Starting
Date
Scheduled
Completion
Date
Authorized Signature Company
Title Telephone
Date
Page of
M-200
•
MONTHLY EMPLOYMENT DATA REPORT
Name of Contract Contract Number
Name of Successful Bidder Reporting Period
Address
From
To
This report is required by Metropolitan Dade County. The Successful Bidder holding a contract containing any Contract
►asures MUST submit Monthly Employment Data Report monthly. Failure to comply may result in MDC commencing proceedings
to impose sanctions on the successful bidder, in addition to pursuing any other available legal remedy. Sanctions may include
the suspension of any payment or part thereof, termination or cancellation of the. contract, and the denial to participate in any
further contracts awarded by MDC.
Name of Firm(s) ___
Signature -- --- - -
Total
Employees
Prior to
Subcontract
Award
Black
M F
Hispanic
AA F
Women
M f`
Other
M F
Total
New
Hires
Black
M F
Hispanic
M F
Women.
M F
Other
M F
Total
Employees
Authorized Signature Print Name Date
Title
Telephone
Page of M-201
C7
.1
MIAMI-DADE COUNTY
CONTRACT NO. 4907-3/98-2
ITEM:
DEPARTMENT:
TYPE OF PURCHASE:
REASON. -
RECOMMENDATION:
Award Under Dade County Contracts
Playground Equipment
Parks and Recreation
Short Term
The Department of Parks and Recreation has a need
for the purchase and installation of playground
equipment for Eaton Daycare.
It is recommended that the award be made to
Leadex Corporation, for the purchase and
installation of playground equipment at Eaton
Daycare, awarded under an existing Miami -Dade
County Contract No. 4907-3/98-2, effective
through May 31, 2001, subject to any extensions
thereto, for the Department of Parks and Recreation,
at a total amount not to exceed $17,900;
allocating funds therefore from the Fiscal year 2000-
2001 „ Budget of the Department of Parks and
Recreation, Account Code Nos.
001000.580302.6.340 and
001000.580302.6.717
S.
Date
of Purchasing