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HomeMy WebLinkAboutR-99-0006J-99-5 12/17/98 RESOLUTION NO. A RESOLUTION ACCEPTING THE BID OF STERIL-KONI FOR THE FURNISHING AND INSTALLATION OF A MOBILE VEHICLE LIFTING SYSTEM AT THE FIRE GARAGE, FOR THE DEPARTMENT OF FIRE -RESCUE, AT A 'TOTAL COST NOT TO EXCEED $37,497.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 313018, ACCOUNT CODE NO. 289401-840. WHEREAS, the mobile vehicle lifting system at the fire garage lacks the required rated capacity to effectively lift the new fire apparatus; and WHEREAS, as a result, mechanical failures in the lifting system have delayed the maintenance and repair of emergency response vehicles, making necessary the purchase of a new system; and WHEREAS, pursuant to public notice, invitations for Bid No. 97-98-196 were mailed to thirty potential equipment providers; and WHEREAS, three bids were received on September 19, 1998; and WHEREAS, funding for the system is available from Capital Improvement Project No. 313018, Account Code No. 289401-840; and WHEREAS, the City Manager and the Director of Fire -Rescue recommend that the bid received from Steril--Koni be accepted as the lowest responsive and responsible bid; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY CM cobvezisslox M E E t KING OF JAM I .1999 Resolution NcL wfip 5-w=ri „1. , �, 1 .KIM,� OWN OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The bid received on September 19, 1998, from Steril-Boni for the furnishing and installation of a mobile vehicle lifting system at the fire garage, for the Department of Fire -Rescue, at a total cost not to exceed $37,497.00, is hereby accepted, with funds therefor hereby allocated from Capital Improvement Project No. 313018, Account Code No. 289401-840. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayoral. PASSED AND ADOPTED this 12th day of j uary 1 1999• JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided. said li;cisl,ation nc;v becomes effective with the elapse of ten (10) days f ro)n the Ie of Commis ' act;cn regarding same, without the Mayor ex rcising et ATTEST: an, City Clerk WALTER J. EMANZC CLERK APP ED ,TO CORRECTNESS:t, ATTORNEY 125:CSK:kc 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. - 2 - �zi— 6 .�Tf.tr`r�;f.�'K�I,'h "_ CITY OF MIAMI, FLORIDA '00' CA=4 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and DATE : JAN A S9 FILE Members of the City Commission SUBJECT: Resolution for Furnishing & Installation of Vehicle Lifts FROM: onald arshaW REFERENCES City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Resolution accepting the bid of Steril-Koni, a non-local/non-minority vendor, located at 10176 Baltimore National Pike, 207A Elliott City, MD 21043, for the purchase and installation of a mobile vehicle lifting system for the Department of Fire -Rescue. The proposed cost is $37,497. Funding is available from CIP Project 313018, Account Code No. 289401-840. BACKGROUND: The Department of Fire -Rescue has analyzed the bids received pursuant to Bid No. 97-98-196. Thirty (30) invitation for bids were mailed and three (3) responses were received. Stertil-Koni submitted the lowest most responsible and responsive bid, and is therefore recommended for award. The mobile lifting system now in use at the Fire Garage is fourteen years old and does not have the rated capacity to lift some of the new apparatus now in service. During the past year major mechanical component failures have occurred in the system. These failures have limited the timely completion of required maintenance and repair of the emergency response fleet. DHW/CAG/FKR/MLK/acp M 6 City of Miami. Florida V )6.1 BID INFORINIATION FORM , '.W N Mailing Date: October 1, 199a Buyer: Nlaritza Suarez_ f Bid No.:+ 97-98-196 Telephone: 305-416-1907 Please Quote on this form(s) net prices for the item(s) attached. Return sic'ned original and retain a copy for your files. Prices should include all costs, including transportation to destination The City feservcs the right to accept or reject al] or any part of this bid. Prices should be firm for a minimum of 90 days. Reference to manufacturers' names or catalog numbers are for identification only. If alternates are quoted, complete information must be given. In the event of errors in extension of totals, the unit prices shall govern ui determining the quoted prices. Bids must he received by: 10:00 AM, Monday, October 9 9,1998. at the Office of the City Clerk, 3500 Pan American Drive, Miami. Florida'33131-5504 SHORT-TERM CONTRACT 075-44: FURNISH AND INSTALL NEW VEHICLE LIFTS AT THE FIRE GARAGE We have read your Invitation for Bids completed the necessary documents, and propose to fwnish and deliver, F.O.B..DESTINATION, the items or service specified herein. ALL BIBS MUST BE SUBMITTED IN TRIPLICATE OR YOUR BID MAY BE DISQUALIFIED. D number of calendar days required to complete work after Notice to Proceed or issuance of purchase order. --7' S number of calendar days required before commencement of'work. Delivery will be made within 15- calendar days after receipt of purchase order. Terms: 20/6-10 days Net 30 days / Additional discount of % if awarded all items. (include cash discount for prompt payment, if any) Other Discounts: Contact Person/Telephone: Term of Warranty for equipment: eJ D Term of Warranty for labor: A2 All exceptions to thig bid have been documented in the section below. EXCEPTIONS: /y a_ I certify that any and all information contained in this bid is taste; and 1 further certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, equipment, or service; and is in all respects fair and without collusion or fraud. I agree to abide by all terms and conditions of this bid and certify that I am authorized to sign this bid for the bidder. Please print the following and sign your name: Firm's Name:G-?, l/. -- k6A)l Telephone:__ -/O C,/ & 1 .2 3 3t�t_- Principal Business Address: ��/ {, %3�, 75/VC.�Fax: p 2 I�/�q %1,GNJ kOl,&-az20 -;ZA Name: '71 Mailing Address: E L_(_ICp7-T C�r 7-,V _ Title: /> M46L oS Authorized Signature:� Gnu-s 2 E-Mail Address:i/ /' — /L°eeper: �_J 99e 6 F City of Miami, Florida r-,� �--^� Bid No. 97-98-196 G.5 ENDOR BACKGROUND INFORMIC ION INSTRUCTIONS: This questionnaire is to be included with your bid. Do not leave any questions unanswered. When the question does not apply, write the word(s) "None", or "Not Applicable", as appropriate. Please print. COMPANY NAME: COMPANY OFFICERS: President_Vice President(/ CrC7 Cy� Secretary / R- E64-'l!2 CL (/ Q�_ Treasurer & & COMPANY OWNERSHIP: /J r V, l a 0 %-of ownership % of ownership _% of ownership % of ownership LICENSES: 1. Counry or Municipal Occupational License No. (attach copy with bid) ?. Occupational License Classification � /� j " O XqFr ` 3. Occupational License Expiration Date: / V12,%� 4. Metro -Dade County Certificate of Competency No. Jy Q/%E (attached copy if requested in Bid or RFP) 5. Social Security or Federal I.D. No. cJ r,2 Q / Q : L T EXPERIENCE: r, 6. Number of Years your organization has been in business:_ � � & ` S 7. Number of Years experience BIDDERfPROPOSER (person, rinci t owner) has had in operation of the type required by the specifications of the Bid or RFP: 141 8. Number of Years experience BIDDEP TROPOSER (firm, corporation, proprietorship) has had in operation of the type required by the specifications of the Bid or RFP: L vzmo 99- +1 City of Miami, Florida ("1 Bid No. 97-98-196 6.5 tr NDOR BACKGROUND INFORWC ION INSTRUCTIONS: This questionnaire is to be included with your bid. Do not leave any questions unanswered. When the question does not apply, write the word(s) "None", or "Not Applicable", as appropriate. please print. COMPANY NAME: 5 7Z;72 -`/e---- 'c--o/ei / - COMPANY OFFICERS: A President CT�11w Secretary 1 Vt EMyc) Ck f/,QD4 VicePresident- kbftz,�F- Chi Treasurer . F AJA l© 66— COMPANY OWNERSHIP: L / V , ! 0 p % of ownership �% of ownership of ownership of ownership LICENSES: ) 1. County or Municipal Occupational License No. (attach copy with bid) 2. Occupational License Classification No , 3. Occupational License Expiration Date: AZFE 4. Metro -Dade County Certificate of Competency No. %vo&F— (attached copy if requested in Bid or RFP) S. Social Security or Federal I.D. No. EXPERIENCE: 6. Number of Years your organization has been in business: 7. Number of Years experience BIDDER/PROPOSER (person, rinci . , owner) has had in operation of the type required by the specifications of the Bid or RFP: 141 YF/g aL 8. Number of Years experience BIDDER)PROPOSER (firm, corperation, proprietorship) has had in operation of the type required by the specifications of the Bid or RFP: 99 6 Cit•: oFRluinii. Florida Bid No, 97-98-196 2.0 GENERAL TER,11- .;VD COADI TIOI`S FOR THE PURL , rASE OF SER B ICES LVTEN7': The General Terms and Conditions described herein apple to the acquisition of general services with an estimated a-2re-ate cost of S4,500.00 or more. 2.1. ACCEPTANCE OF OFFER - The signed bid response shall be considered an offer on the part of the bidder, such offer shall be deemed accepted upon issuance by the City of a purchase order or other contractual document. 2.2. ACCEPTANCE/REJECTION -The City reserves the right to accept or reject any or all bids or parts of bids after bid opening and request rebid on the items described in the IFB. In the event of such rejection, the Director of Purchasing shall notify all affected bidders and make available a written explanation for the rejection. The City also reserves the right to waive any irregularities or minor informalities or technicalities Zr in any or all bids and may, at its discretion, re -bid. 2.3. ANTITRUST PROVISION - At such times as may serve its best interest, the City reserves the right to advertise for, receive, and award additional bids for these herein items, and to make use of other competitively bid (governmental) contracts, SNAPS Agreements or other similar sources for the purchase of these goods and/or services as may be available, 2.4. ASSIGNMENT OF CONTRACT - The contractor shall not assign, transfer or subcontract, at any time during the term of the Contract, or any part of his/her operations, or assign any portion or part of the Contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 2.5. AUDIT RIGHTS AND RECORDS RETENTION - The Contractor agrees to provide access to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of the contractor which are directly pertinent to this Contract, for the purpose of audit, examination, excerpts, and transcriptions. The Contractor shall maintain and retain any and all books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this contract by the City. 2.6. AVAILABILITY OF CONTRACT TO OTHER GOVERNMENTAL AGENCIES - Any Governmental Unit in Dade, Broward or Palm Beach Counties, Florida, may avail itself of this contract and purchase any and all items specified herein from the successful bidder(s) at the contract price(s) established herein. Each Governmental 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. 2.7. AWARD OF CONTRACT A. The IFB, Bidder's response, any addenda issued and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract. B. The award of a Contract where there are Tie Bids will be decided by the Director of Purchasing 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 Specifications, 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 City. Where the Bidder is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's Response and may accept the Bid from the next lowest responsive, responsible bidder or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from the Bidder and its bid bond or guarantee, if applicable, as a result of damages or increased costs sustained as a result of tine Bidder's default. Rev. 6/8/98 -- F ���•. •c7F`,r7, .�,�i7:;.` Z�-„a�:ei7"wl+t#>'zT�{i.3Saw.;F„w :.er N n,t3+e•£n.•'#rxis'r.•r;'+�rzvt+sceµ4ia'in4`h City of tvlianu. Florid; R Bid No. 97-98-196 1 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 a purchase order, notice of award and'or contract award sheet. Where a conflict between two or more of the several documents exists, the contract award sheet shall take precedence. E. The City reserves the right to automatically extend this contract for up to ninety (90) calendar days beyond the stated contract term in order to provide City departments with continual set -vice and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notiffi the Bidder, in writing, of its intent to extend the contract at the same price, terrns and conditions for a specific number of days, not to exceed ninety (90) days, prior to the expiration of the contract term. F. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis or such combinations as shall best serve the interest of the City unless otherwise specified. 2.8. BID SECURITY/ BID DEPOSIT - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders, if applicable. This check or bond guarantees that a bidder will accept the order or contract, as bid, if it is awarded to bidder. Bidder shall forfeit bid deposit to the City should City award contract to Bidder and Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders within ten (10) days after the award and successful bidder's acceptance of award. If sixty (60) days have passed after the date of the formal opening of the bids, and no contract has been awarded, all bid deposits will be returned on demand. Certified Minority/Women vendors may apply to participate in the City's Bid Bond Voucher Program by contacting the Minority/Women Business Affairs office. 29. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute a Contract and/or file an acceptable Performance Bond, when required, as provided herein, within ten (10) days after written notice of award has been given, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsible Bidder or all bids may be rejected. 2.10. CANCELLATION - The City reserves the right to cancel all Invitations for Bid before bid opening. In the event of bid cancellation, the Director of Purchasing shall notify all affected bidders and make available a written explanation for the cancellation. 2.11. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to perform the services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such services, it shall not have any claim upon the City. 2.12. 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 City Purchasing Department or initiating Department. The Bidder certifies that its bid is fair, without control, collusion, fraud, or other illegal action. The Bidder certifies that it is in compliance with Section 2.611, Conflict of Interest and Code of Ethics Laws. The City will investigate all situations where collusion may have occurred and the City reserves the right to reject any and all bids where collusion may have occurred. 2.13. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subjects to certain laws and regulations, _ including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor Rev. 6/8/98 e7e7�` ..�.._ .h s5 y t ,LS',^.'1`�S�J.'A�i"P,`5f�i M1-..x�.: � . ,.�, .. _ .. ,•.'-v t ;k ... City of Miami. Florida Bid No. 97-95-196 agree to compl, .With and observe all applicable laws, codes and utdinances as that may in anv wav affect the hoods or equipment offered, including but not limited to: 2.13.1. Executive Order 112-16, which prohibits discrimination against any employee, applicant, or client because of race, creed. color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. 2,13.2. Occupational, Safety and Health Act (OSH, ), as applicable to this IFB. 2.13.3. The State of Florida Statutes Section 287.133(3)(A) on Public Entity Crimes. 2.13.4. MinoritiVIVomen Business Affairs Enterprise (A9/6fBE) City Ordinances No. 10062, 10538, 11272, as amended, as applicable to this IFB. 2.13.5. Environment Protection Agency (EPA), as applicable to this IFB. 2.13.6. Uniform Commercial Code (Florida Statutes, Chapter 672). 2.117. Americans with Disabilities Act of 1990, as amended. 2.13.8. First Source Hiring Agreement, City Ordinance No. 10032, as amended, as applicable to this IFB. Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a condition precedent to the execution of service contracts including professional services. 2.13.9. National Institute of Occupational Safety Ha:;ards (NIOSH), as applicable to this IFB. 2.13.10. National Forest Products Association (WA), as applicable to this IFB. 2.13.11. City Local Preference Ordinance No. 11087, as applicable to this IFB. 2.13.12. Conflict oflnterest, City Code Section 2-611; 612. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. Pon -compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 2.14. CONFLICT OF INTEREST - Bidders, by responding to this IFB, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City is financially interested, directly or indirectly, in the purchase of goods specified in this IFB. Any such interests on the part of the Bidder or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the your firm. 2.15. CONTRACT AND BONDS - The bidder whose bid is accepted may be required, within the time established in the IFB, to enter into a written contract with the City, and if required, furnish performance and payment bonds on City standard forms in the amounts indicated in the IFB. 2.16. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Rev. 6/8/98 Upon default by the successful Bidder to meet any terms of this agreement, the City will notify the Bidder of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's pan to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: 99- 6 7 City of Miami, Florida , Bid No.97-98-196 A. Failure to perform the work required under the Contract and./or within the time required; or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to becin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as non conforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 2.17. EMERGENCY/DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this bid at the price contained within vendor's bid. Further, successful vendor shall deliver/perform for the city on a priority basis daring such times of emergency. 2.18. EVALUATION OF BIDS A. Rejection of Bids The City may reject for any of the following reasons: " (1) Bidder fails to acknowledge receipt of addenda (2) Bidder misstates or conceals any material fact in the Bid (3) Bid does not 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, licenses as required (6) Bid was not executed by the Bidder's authorized agent on the Bid Form The foregoing is not the all inclusive list of reasons for which a Bid may be rejected. The City may reject and re -advertise for all or any part of the IFB whenever it is deemed in the best interest of the City. B. Elimination From Consideration (1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. (2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. (3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debartment and Suspension Ordinance. Rev. 6/8/98 9 9 , 6 { i Citv of Miami. Florida Bid No. 97-98-196 � C. Demotion of Responsibilih (1) Bids will only be considered from firms/sole proprietors who are regularly en -aged in the business of providim, the services required by the Bid. Bidder's must be able to demonstrate a satisfacton record of performance and integrity and have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall construed to mean a fully equipped and well established firm -'sole proprietorship in line with the best industry practices in the industry as determined by the City. (2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City or any other governmental entity in making the award. (3) The City may require the Bidder's to show proof that they are designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Bid. 2.19. FIRM PRICES - The bidder warrants that prices, terms, and conditions quoted in his,'her bid will be firm throughout the duration of the contract unless otherwise specified in the IFB. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over the designated period of time. 2.20. INDEMNIFICATION - The Contractor shall indemnify and save harmless forever the City, and all the City's agents, officers and employees from and against all charges or claims resulting from any bodily injury, loss of life, or damage to property .from any act, omission or neglect, by Bidder or its employees; the Contractor shall become defendant in every suit brought for any of such causes of action against the City or the City's officials, agents and employees; the Contractor shall further indemnify City as to all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims and any resulting investigation. 2.21. INSPECTION OF BID - Sealed bids received by the City pursuant to Invitation For Bids will not be made available until such time as the City provides notice of a decision or intended decision or within 10 days after bid opening, whichever is earlier. Bid Tabulations will be furnished, after a recomt'ttendation for the award is made to the City Commission by the Purchasing Department in concurrence with the user department request, and upon provision of a self addressed, stamped envelope by the bidder to receive the tabulation. 2.22. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish evidence of insurance to the Purchasing Department. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the attached form entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a purchase order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Invitation to Bid, the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this IFB within fifteen (15) calendar days after receipt of Notice of 1 Award, the contractor may be in default of the contractual terms and conditions and may not be awarded the contract. Under such circumstances, the Bidder may be prohibited from submitting future bids to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Risk Management Office, at (305) 416-1700. 2.23. INVOICES - Invoices shall contain purchase order number of goods or equipment delivered (i.e. quantity, unit price, extended price, etc.) 2.24. LOCAL PREFERENCE - City Ordinance 11087, states that the City Commission may offer to a responsible and responsive local bidder, whose rip mary office is located in the City, the oppormniry of Rev. 6/8198 99- G '3:�'�r.�'�,�^"�?����T.a+c�.a� 5 -^z�� rasa. r r°.• ,�',i«� �-�• .� � �y dam. rv'hi`3'�ir�"�5''" Yn�:s.;• �„ . s. . i City of tiliami, Florida [aid No. 91-98-196 accepting a biu sthe low bid amount, if the ori;inal bid a �t submitted by the local vendor does not exceed 110 percent of the lowest responsible and responsive bidder. 2.25. MINORITY/ PROCUREMENT PROGRAM - Ordinance No. 10062. as amended, entitled the Minority and Women Business Affairs and Procurement Ordinance of the City, Florida, sets forth "...a goal of awarding at least 51 percent of the City's total annual dollar volume of all expenditures for all goods and services to Black, Hispanic and %klomen minorit} business enterprises on an equal basis." A minority business enterprise is defined as a business firm "...in which at least 51 percent of said enterprise is owned by Blacks, Hispanics, or Women and whose management and daily business operations are controlled by one or more Blacks, Hispanics or \'Women." To achieve the coal established by these Ordinances, participation in providing goods and services to the City by minorities is bein- encouraged in a number of ways. All bidders doing business with the City are encouraged to include the participation of minority firms in their bids. In evaluating bids for determination of awards, minority participation may be a factor. Failure to adequately involve minority firms may be a basis for rejecting any and all bids. Possible ways to include minority participation would involve: 1. Joint venture with a minority finn(s) 2. Utilizing minority firm(s) as subcontractor(s). 3. Utilizing minority firm(s) to supply goods and/or services. 4. Successful implementation of well defined affuznative action program. 5. Other forms of minority participation, if properly documented. Successful bidder(s) shall be required to establish an Affirmative Action Plan, if not, an Affirmative Action Policy shall be established, pursuant to Ordinance N10062 as amended. Effective date of implementation must be indicated on the policy. A "Minority Status Information Sheet" in Section 6.7 is provided to assist bidders in presenting information concemina minority participation. Minority and women business firms are encouraged, but not required, to register with the City prior to submitting bids. The Purchasing Department will provide the necessary forms and instructions upon request. All bidders are urged to submit bids for any goods or services that they are able to supply, regardless of minority classification. However, compliance with all requests for information regarding Minority,Vomen Status or Participation is required. Bidder's cooperation is 'greatly needed to aid the City in achieving its goal. 2,26. MOD4FICATIONS OR CHANGES IN PURCHASE ORDERS OR CONTRACTS No agreement or understanding to modify this IFB and resultant purchase orders or contracts shall be binding upon the City unless made in writing by the Director of Purchasing, Through the issuance of a Change Order or Modification to the Contract Purchase Order or Award Sheet as appropriate. 2,27. NONDISCRIMINATION - Bidder agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this solicitation. Furthermore. Bidder agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, age, religion, national on -in, marital status or disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. In connection with the conduct of its business, including rendition of services and employment of personnel, Bidder shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment 2,28. OCCUPATIONAL LICENSE - Any person, firm, corporation or -joint venture. with a business location in the City and submitting a Bid under this IFB shall meet the City's Occupational License "fax requirements in Rev. 6/8/98 'A' City of(viiami, Florida Bid No. 97-98-196 accordance wi, hapter 31.1, Article I of the City Charter. Gofers with a location outside the City shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the Bid, however, the City may, at its sole option and in its best interest, allow the Bidder'o supply the license to the City during the evaluation period, but prior to a% ard. 2.29. PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contineent upon or in connection with, the award of this Contract. 2.30, PROMPT PAYMENT - Bidders may offer a cash discount for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are required to provide their proinpt payment terms in the space provided on the Bid Information Form. 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 understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If art adjustment in payment is necessary, due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders durittg the term of the contract. 2.31. PUBLIC ENTITY CRIMES - A person or affiliate who has been place on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit a bid on a lease of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 2.32. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and Sec. 18-104 of the City Code, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 2.33. QUALITY OF WORK - The work performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this IFB. 2.34. RESOLUTION OF CONTRACT DISPUTES - Contractor understands and agrees that all disputes between Contractor and the City based upon an alleged violation of the terms of this Contract by the City shall be submitted to the City Manager for his/her resolution, prior to Contractor being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds $4,500.00, the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved the City Commission if the amount of compensation hereunder exceeds $4,500.00, (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (90 days if City Manager's decision is subject to City Rev. 6/8/98 99' b 1 City of i%liami, Florida Bid No. 97-98-196 Commission app-)val): or (iii) City has waived compliance w`,:,'the procedure set forth in this section by written instruments, signed by the City Manager. 2,35. RESOLUTION OF' PROTEST - Any actual or prospective contractual party who feels aggrieved ,in connection with the solicitation or award of a contract may protest in writing to the Director of Purchasing/Chief Procurement Officer who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders are alerted to Ordinance No. 11072 describing the protest procedures. Protests failing to meet the requirements for filing shall not be accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. ,NO EXCEPTIONS. 2.36. SERVICE AND WARRANTY - Unless otherwise specified, the bidder shall define any warranty, service and replacements that will be provided. Bidders must explain on the attached Price Sheet to what extent warranty and service facilities are available. 2.37. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to used. All workmanship is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your fum has a current contract with the State of Florida, Department of General Services, to supply the items on this bid, the bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid. 2.38. TERMINATION - The City reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: 1. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract and/or to have failed to perform his/her services in a manner satisfactory to the City. In the event the contractor is found to be in default, the contractor will be paid for all labor and materials provided as of the termination date. No consideration will be given for anticipated loss of revenue or the canceled portions of the contract. 2. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience. 3. Funds are not available to cover the cost of the services. The City's obligation is contingent upon the availability of appropriate funds. VARIATIONS OF SPECIFICATIONS - For purposes of bid evaluation, bidders must indicate any variances from bid specifications and/or conditions, no matter how slight. If variations are not stated on the Price Sheet, it will be assumed that the service to be provided fully complies with the City's specifications. �l Rev. 6/8/98 9 9 -- 6 r a ��y . yk 4t21 City of Miami, Florida Bid No. 97-98-196 SCOPE AND PURPOSE The purpose of this solicitation by the City of Miami is to seek bids from qualified firms or entities (herein referred to as "Bidders") to furnish one new in -ground or service level vehicle lift; provide all labor, parts, materials and equipment necessary to install the new vehicle lift; furnish one mobile contact lifting system; and remove and properly dispose of the old in -ground vehicle lift for the Department of Fire Rescue. METHOD OF AWARD Award of this contract will be made to the lowest responsible and responsive bidder(s) on an item by item basis or a combination of items, whichever is in the best interest of the City. Bidders may bid on one or all items. EXAMINATION OF SITE All bidders are highly encouraged, prior to submitting a bid, to inspect the site, to acquaint himself/herself with the needs and requirements of the specified job. The bidder is further required to carefully examine the specifications and to inform himself thoroughly, regarding any and all conditions and or requirements that may in any manner affect the work to be performed. No allowances will be made because of lack of knowledge of these conditions. Location: Fire Garage, 1151 NW Tb Street, Miami, Florida. Bidders shall contact Lt. John Crawford at (305) 575-5216 to make an appointment to inspect the job site. BIDDER QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing the services as described in this bid for at least two (2) years; and that have sufficient financial support, equipment and organization to insure that they can satisfactory execute the services if awarded a contract under the terms and conditions herein stated. Subsequently, the Bidder will: Be fully licensed to perform the work described herein, and shall provide all information requested on the Price Sheet. Have no record of pending lawsuits or criminal activities and not have conflicts of interest which may be of embarrassment to the City. c) Not submit a bid should the contractor have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter or surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully any previous contract with the City. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Lt. John Crawford, who shall be designated as the Contract Administrator and who may be contacted at telephone number (305) 575-5216. DELIVERY Point: All items will be priced and delivered F.O.B. Miami, to the following locations: Fire Garage H51 NW 711 Street Miami, Florida WORKMANSHIP AND MATERIALS All parts installed and materials used in performance of this contract shall be unused, and or new (of current design or manufacture). Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of the highest quality and shall conform to all applicable Building Codes, so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship. City of Miami. Florida h? Special Conditions Bid No. 97-98-196 a 3.8. WARRANTY Equipment hereinafter specified shall be fully guaranteed by the Contractor against factory defects. Any r,s defects may occur as the result of either faulty material or workmanship within the period of the manufacturer's standard warranty will be corrected by the Contractor without expense to the City of Miami. A copy of the manufacturer's standard warranty must be submitted with bid. Failure to comply with this t �; provision may disqualify bid.K 3.9. WARRANTY". FITNESS FOR PURPOSE The bidder hereby acknowledaes and agrees that all items, supplied by the Bidder in conjunction with this bid shall be warranted for their merchantability, and fit for a particular purpose. In the event any of the items supplied to the City by the Bidder do not conform to specifications, the City reserves the right to (1) cancel the order and return such items to the Bidder at the Bidder's expense or (2) require the Bidder to replace the items at the Bidder's expense. The vendor and the City agrees that orders under this contract does not exclude, or in any way limit, other warranties, provided in this agreement or by law. 3.10. APPROVAL BY EMERGENCY FINANCIAL OVERSIGHT BOARD The State of Florida has appointed an Emergency Financial Oversight Board ("Oversight Board") which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Execution of this contract by the Cite Manager shall constitute evidence of its approval by the Oversight Board. 3.11. LICENSES AND PERMITS Services performed for the city will require licenses and permits in the same manner as private construction projects within the City. The contractor shall secure, at his expense, all licenses and permits and shall comply with all applicable laws, regulations and codes as required by the State of Florida, or by the South Florida Building Code. The contractor and/or equipment supplier must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any manner affecting the prosecution of the work. 3.12. INSPECTION All work will be inspected and approved by the contract administrator before payment is issued. 3.13. IN -PROCESS AND COMPLETED WORK Inspections of in -process work shall be made as often as deemed necessary by the City. Work not properly performed or at variance to the contract provisions -bid specifications shall be redone to the City's satisfaction at no additignal charge. Approval of any work prior to final acceptance shall not preclude rejection of completed work that does not meet specifications or that is unsatisfactory. 3.14. PERFORMANCE The contractor will be responsible for performing the work necessary to meet City standards in a safe, neat, and good workmanlike manner, using only generally accepted methods in carrying out the work, and complying with all federal and state laws, and all ordinances and codes of the City relating to such work. 3.15. MATERIALS AND EQUIPMENT The Bidder shall famish, at his/her own expense, all equipment, materials or supplies, including gasoline and oil, necessary for completion of all the services specified in this IFB. 3.16. APPLICABLE STANDARDS The City reserves the right to reject work, or materials if it does not meet the requirements set forth in these Specifications, and must meet the requirements set forth herein upon arrival at the site, at the time of installation, at the time of final inspection, and upon acceptance of completed project. Page 2 of 8 1 a -rPi e, City ofMiami. Florida Special Conditions 1;: ' Bid No. 97-98-196 There shall be no substitution of equipment or materials unless authorized in writing, in advance. by the City of Miami Fire Rescue Department. The Contractor shall have labor crews controlled and directed by a foreman who will provide coordination between the job site and the Fire Rescue Department. 3.17. JOB CONDITIONS A. pre -construction meeting will be scheduled with the successful bidder prior to any construction activity. The Contractor shall determine the locations of all underground utilities and structures, and perform the work in a manner which will avoid possible damage. Hand excavate, as required, to minimize possibility of damage of such items. Should underground or overhead structures conflict with equipment installations, the Contractor shall consult with the Fire Rescue Department regarding adjustment of equipment locations. The Contractor is responsible for immediate repair of any datnage to other installations, caused by this work. 3.18. INSPECTION FOR COMPLETION AND PAYMENT Upon completion of the equipment installation, an inspection for completion of work will be held. The Contractor shall notify the Fire Rescue Department for scheduling of the inspection three (3) work days prior to the anticipated inspection date. The Fire Rescue Department will decide if work is ready for inspection and will request the Contractor to establish the time and date of nispection and notify all concerned parties to be present. At the time of the completion inspection, if the materials are in whole or substantially acceptable, a notice will be provided to the Contractor that the final acceptance is approved and payment will be made. 3.19. ASSIGNMENT Neither the Bid nor the ensuing Contract shall be transferred, conveyed, assigned, or disposed of, in whole or in part, without the prior written consent of the City, which may be withheld or conditioned, in the City's sole discretion. 3.20. PROTECTION OF PROPERTY All existing structures, utilities, services, roads, trees, shrubbery, etc. shall be pr•otecte&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 City which is damaged by reason of the bidder's operation on the property. 3.21. PERSONNEL Bidder shah be deemed to represent that it has, or will have upon the award of the Contract, all necessary personnel required to perform all services arising from the award of the Contract. All personnel employed shall be employees of Bidder. All the services required herein shall be performed by the successful Bidder, and all personnel engaged in performing the services shall be fully qualified to perform such services. All employees employed by the Bidder shall be considered to be at all times the sole employees of the Bidder under his/her direction and not an employee of the City. The Bidder shall supply competent and physically capable employees and the City may require the Bidder to remove an employee it deems careless, insubordinate, or otherwise and whose continued employment is not in the best interest of the City. 3.22. SAFETY MEASURES Contractor shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and work in progress must be posted. City of Miami, Florida ( Special Conditions Bid No. 97-98-196 All employees of contractor shall be expected to wear safety °lasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The contractor shall use only equipment that is fully operational and in safe operating order. Contractor shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 3.23. COMPLIANCE WITH FEDERAL STANDARDS All items to be purchased under this bid shall be in accordance with all governmental standards, to include, but not limited to, those issued by the office of Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Forest Products Association (NFPA). 3.24. CERTIFICATIONS The equipment specified must comply with Consumer Products Safety Commission (C.P.S.C.) safety requirements or the American National Standards Institute (ANSI) safety standards. Bidders shall submit certification that the equipment bid complies with these requirements and may be required to provide proof that the equipment complies with the requirements. Failure to provide certifications may result in the bidder's disqualification. 3.25. FAILURE TO PERFORM / PENALTIES Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in default of the contract or make appropriate reductions in the contract payment. 3.26. DAMAGE The contractor shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the contractor, at his expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one (1) month from date damage was done.) 3.27. UTILITIES Prior to construction, the contractor shall familiarize himself with the location of all existing utilities and facilities within the work sites, Should damage or structural weakening occur to such items through negligence on the part of the contractor, immediate corrective measures shall be taken by, and at the expense of, the contractor as directed by the City. 3.28. CONTRACTOR TO BE REPRESENTED The contractor at all times must either be personally present at the worksite or be represented at the worksite by a responsible agent or agents designated by the contractor in written notice to the City prior to the beginning of work. Such notification shall include pertinent data such as addresses, phone numbers, etc., where said agent or agents may be contacted at any time of the day or night. The agent or agents shall be clothed with full authority to act for the contractor in all cases, and to carry out any instructions relative to the work may be given by the City. 3.29. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED As part of its Bid, the Bidder is required to identify any and all Subcontractors that will be used in the performance of the proposed contract, their capabilities, experience, minority designation, if applicable, as defined in Ordinance 10062 (see Item 17) and the portion of the work to be done by the Subcontractor. Failure to identify any and all subcontractors in the Bid shall render the Bid non -responsive; provided, however, that the low bidder may submit this documentation to the City within five (5) working days after the bid opening in the best interest of the City. The Contractor shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their Bid, except under and by virtue of permission granted by the City through the proper officials. Citv of Miami, Florida Special Conditions ( Bid No. 97-98-196 All employees of contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The contractor shall use only equipment that is fully operational and in safe operating order. Contractor shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 3.23. COMPLIANCE WITH FEDERAL STANDARDS All items to be purchased under this bid shall be in accordance with all governmental standards, to include, but not limited to, those issued by the office of Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Forest Products Association (NFPA). 3.24. CERTIFICATIONS The equipment specified must comply with Consumer Products Safety Commission (C.P.S.C.) safety requirements or the American National Standards Institute (ANSI) safety standards. Bidders shall submit certification that the equipment bid complies with these requirements and may be required to provide proof that the equipment complies with the requirements. Failure to provide certifications may result in the bidder's disqualification. 3.25. FAILURE TO PERFORM I PENALTIES Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in default of the contract or make appropriate reductions in the contract payment. 3.26. DAMAGE The contractor shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the contractor, at his expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of tune. (Not to exceed one (1) month from date damage was done.) 3.27. UTILITIES Prior to construction, the contractor shall familiarize himself with the location of all existing utilities and facilities within the work sites. Should damage or structural weakening occur to such items through negligence on the part of the contractor, immediate corrective measures shall be taken by, and at the expense of, the contractor as directed by the City. 3.28. CONTRACTOR TO BE REPRESENTED The contractor at all times must either be personally present at the worksite or be represented at the worksite by a responsible agent or agents designated by the contractor in written notice to the City prior to the beginning of work. Such notification shall include pertinent data such as addresses, phone numbers, etc., where said agent or agents may be contacted at any time of the day or night. The agent or agents shall be clothed with full authority to act for the contractor in all cases. and to cant' out any instructions relative to the work may be given by the City. 3.29. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED As part of its Bid, the Bidder is required to identify any and all Subcontractors that will be used in the performance of the proposed contract, their capabilities, experience, minority designation, if applicable, as defined in Ordinance 10062 (see Item 17) and the portion of the work to be done by the Subcontractor. Failure to identify any and all subcontractors in the Bid shall render the Bid non -responsive; provided, however, that the low bidder may submit this documentation to the City within five (5) working days after the bid opening in the best interest of the City. The Contractor shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their Bid, except under and by virtue of permission granted by the City through the proper officials. Page 4 of 8 a City of Miami, Florida Special Conditions i;i` Bid No. 91-98-196 Nothing contained in this specifications shall be construed as establishing any contractual relationship between any subcontractor and the City. The bidder shall be fully responsible to the City for the acts and omissions of the subcontractor and their employees, as for acts and omissions of persons employed by bidder. 3.30. ACCEPTANCE Delivery of equipment to the City does not constitute acceptance for the purpose of payment. Final acceptance and authorization for payment shall be given only after a thorough inspection indicates that the equipment meets bid specifications and conditions. Should the delivered equipment differ in any respect from the specifications, payment will be withheld until such time as the supplier takes necessary corrective action. The Purchasing Department shall be notified of the deviation in writing within ten days of delivery. If the proposed corrective action is not acceptable to the City, the Purchasin7 Department may authorize the using department to refuse final acceptance of the equipment, in which case the equipment shall remain the property of the supplier, and the City shall not be liable for payment for any portion thereof. 3.31. ACCIDENT PREVENTION AND BARRICADES Precautions shall be exercised to all times for the protection of persons and property. All contractors and subcontractors 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 this requirements shall be borne solely by the bidder responsible for same. Barricades shall be provided by the bidder responsible for same. Barricades shall be provided by the bidder when work is performed in areas frequented by others or when deemed necessary by the City. 3.32. PUBLIC CONVENIENCE AND SAFETY The contractor shall conduct his work so as to interfere as Iittle as possible with private business or public travel. He shall, at his own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and he shall be liable for all damages occasioned in any way by his actions or neglect or that of his agents or employees. 3.33. EXAMINATION OF THE WORK The City shall be furnished with every means to verify whether or not the materials and work are in accordance with the requirements and intent of these specifications. Failure to reject or condemn defective work at the time it is done will not prevent its rejection whenever it is discovered before the project is finally approved and accepted. 3.34. USE OF PREMISES The contractor shall confine his equipment, apparatus, the storage of materials, and the operation of his workmen to the limits indicated by law, ordinances, permits, or direction of the project manager, and shall not unreasonably encumber the premises with his materials. The contractor shall take all measures necessary to protect his own materials. 3.35. FINAL CLEAN-UP Upon completion of the work and before acceptance and final payment is made, the contractor shall clean and remove from the premises, all surplus and discarded materials, rubbish, and temporary structures, and shall restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the work, and shall leave the work in a neat and presentable condition. 3.36. YEAR 2000 COMPLIANCE WARRANTY The contractor warrants that each item delivered, developed or modified under this contract shall be able to accurately process date data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculation, when used in accordance with the item documentation provided by the contractor, provided that all items used in combination with other designated items properly exchange date data with it. The duration of this warranty Page 5 of 8 99~ City of hliami. Florida t S Special Conditions Bid No. 97-It3-196 and the remedies available to the City for breach of this warranty shall be as defined in, and subject to, the terms and limitation of any general warranty provisions of this contract, provided that not%%ithstanding any provision to the contrary in such warranty provision(s), or in the absence of any such warranty provision(s), the remedies available to the City under this warranty shall include repair or replacement of any item whose walTanty shall include repair or replacement of any item whose non-compliance is discovered and made known to the contractor in writing within ninety (90) days of discovery. Nothing in this warranty shall be construed to limit any HL hts or remedies the City may otherwise have under this contract with respect to defects other than vear 2000 performance. 3.37. YEAR 2000 REMEDY CLAUSE In the event of anv decrease in equipment functionality related to time and date related codes and internal subroutines that impede the equipment from operating beyond the Millennium Date Change, Licensors and Vendors of Licensors products, agree to immediately make required corrections to restore equipment to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of the licensee, time being to the essence. 3.38. PATENTS AND ROYALTIES The bidder, without exception, shall indemnify and save harmless the City and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured by the bidder. The bidder has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by the contractor or if such claim is based solely and exclusively upon the alteration of the article. 'The City will provide prompt written notification of a claim of copyright or patent infringement. Further, if such a claim is made or is pending, the contractor may, at his expense, procure for the City the right to continue use of, replace or modify the article to render it non -infringing. (If none of the alternatives are available, the City will agree to return the article on request to the contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.) If the bidder uses any design, device, or materials covered by letters, patents or copyrights, it is mutually agreed and understood without exception that the bid prices shall include, all royalties or costs arising from the use of such designs, devices, or materials in any way involved in the work. 3.39. NO ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the bid response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this bid. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General and Special Conditions in this bid solicitation are the only conditions applicable to this bid and that the bidder's authorized signature affixed to the bidder's acknowledgment form attests to this. 3.40. LIQUIDATED DAMAGES FOR INCOMPLETE PROJECTS Upon failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated, the bidder shall be subject to charges for liquidated damages for each and every calendar day the work remains incomplete. As compensation due the City for loss of use and for additional costs incurred by the City due to such noncompletion of the work, the City shall have the right to deduct the said liquidated damages from any amount due or that may become due to the bidder under this agreement or to invoice the bidder for such damages if the costs incurred exceed the amount due to the bidder. 3.41. SUBMITTALS: Bidder shall submit technical drawings/manufacturer's literature/specification sheet, product data or any other information in accordance with the requirements specified herein. Page 6 of 8 S9 6 City of Miami, Florida Special Conditions) i `' Bid No. 97-95-196 3.42. DEFAULT: In case of default by the bidder or contractor, the City may procure the services from other sources and hold the bidder or contractor responsible for any excess costs incurred. 3.43. PACKING: AND SHIPPING No charges will be allowed for special handling, packing, wrapping, bags, containers, reels, etc., unless otherwise specified herein. All items shall be prepared and packed for shipment in a manner that will prevent damage in transit. The City is not liable for extra charges for packing, cartage, or anything else unless stated in this agreement. The vendor shall mark the number of items in each order on the container and enclose a packing slip with the purchase order number of each container. 3.44. INSPECTION All items are subject to inspection and approval by the City. Such inspection shall be made within a reasonable time after delivery, irrespective of the date of payment. The City may return rejected items at the vendor's expense. The vendor shall not replace items returned unless so directed by the City in writing. 3.45. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Purchasing Department in writing, no less than ten (10) days prior to a bid opening, of any change in the manufacturers' specifications which conflict with the bid specifications. Bidders must also explain any deviation from the bid specifications in writing as a footnote on the applicable bid page and enclose a copy of the manufacturer's specifications data detailing the changed item(s) with his bid. Failure of bidders to comply with these provisions will result in bidders being held responsible for all costs required to bring the vehicle in compliance with contract specifications. 3.46. BRAND NAME OR EQUAL Manufacturer's name, brand name and/or model number when used in these specifications are for the sole purpose of establishing minimum requirements of levels of quality, standards of performance and design required. They are in no way intended to prohibit the bidding of other manufacturer's brands of equal material, quality, design and standards of performance, unless the wording NO SUBSTITUTION is used. Bids on vendor's equal will be considered provided the vendor specifies brand, model, and the necessary descriptive literature. In the event the City elects to contract for an alternate purported to be an equal by the bidder, the acceptance of the item will be conditioned on the City's inspection and testing after receipt. If in the sole judgment of the City, the item is determined not to be equal, the equipment shall be returned at the vendor's expense and the order terminated. 3.47. TECHNICAL DOCUMENTATION The bidder will be required to furnish with their bid, descriptive literature, technical documentation, for items listed on the IFB. All products bid must meet or exceed all conditions and specifications of the IFB. The purpose of the technical documentation is to demonstrate compliance of the product bid with applicable technical requirements of the bid and to allow an evaluation of the product. Failure to provide the required documentation will make the bidder non -responsive. 3.48. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Purchasing Department in writing, no less than ten (10) days prior to a bid opening, of any change in the manufacturers' specifications which conflict with the bid specifications. Bidders must also explain any deviation from the bid specifications in writing as a footnote on the applicable bid page and enclose a copy of the manufacturer's specifications data detailing the changed item(s) with his bid. Additionally, bidders must indicate any options requiring the addition of other options, as well as those which are included as a part of another option. Failure of bidders to comply with these provisions will result in bidders being held responsible for all costs required to bring the vehicle in compliance with contract specifications. Page 7 of 8 t City of Miami, Florida ! Special Conditions Bid No. 97-98-196 3.49. PARTS AND ACCESSORIES It is mandator• for each bidder to state discounts applicable to parts and accessories, price lists, and the i= minimum order for free delivery of parts and accessories. One copy of the parts and accessories price list shall be submitted with the bid. Price lists, however, vvill not be used in determination of the low bidder. i 3.50. INSTRUCTION MANUALS Contractors shall be required to furnish two (2) user's manual for each unit ordered. Bulletins, revisions and corrections shall be supplied for each manual as they are issued by the manufacturer. Each manual shall contain definitions of equipment capabilities, technical descriptions of equipment operation, descriptions of malfunction identification and trouble -shooting procedures, and detailed schematic, installation, and use instructions. 3.51. FIRST SOURCE HIRING AGREEMENT Bidders must agree to comply with City Ordinance 10032 to provide City of Miami residents priority in empit;yment opportunities which may arise should Bidder be awarded this bid. Bidders must complete and return " Statei.:f!nt of Intent to Comply with Ordinance No. 10032" form with bid response. To obtain additional information on this program, contact can be made with Ms. Joni Jones -Harris, Assistant Director, j Department of Community Development, at (305) 693-3120. I ` I tt r �z - 1F� 1 i Page 8 of 8 ((�� (► -i .i#ctrxwo-«.. ... .. ..�`. +..c•.,I.,57 y,j'-i•r* r—..,.,'w77 i ! BID AWARD RECOMMENDATION FORM BID NUMBER: 97-98-196 COMMODITY/SERVICE: Furnishing & Installation of new vehicle Lifts at the Fire Garage DEPARTMENT / DIVISION: Fire Rescue TERM OF CONTRACT: short-term Contract NUMBER OF BIDS DISTRIBUTED: thirty (30) NUMBER OF BIDS RECEIVED: three (3) METHOD OF AWARD: Lowest responsible and responsive bidder meeting specifications. RECOMMENDED VENDOR(S): 5tertil-Koni STATUS: Non -Minority THE FOLLOWING TO BE COMPLETED BY USER DEPARTMENT: CONTRACT VALUE: TOTAL: $37, 497 JUSTIFICATION: The mobile lifting system now in use at the -Fire -Garage is fourteen years old and doe snot have the rate capacity to lift Gnme of the new apparatus now in service. During the past year maioor mechanical component failures have occurred in the system. These failures have limited the timely completion of required maintenance and repair of the emergency response fleet. DEPARTMENT APPROVAL: Department Director/ Designee BUDGET R EW APPROVA - Dipak M. Parekh Director PURCHASING APPROVAL: Ju S. Ca r Director OTHER FUNDING APPROVALS, IF APPLICABLE:' / / TITLE: 2 PAGE 2 OF 2 1 COMMODITY / SERVICE: 97-98-196 Furnishing and installation of new vehicle J.itts at the Fire Garage DEPARTMENT/CONTACT PERSON: Fire Rescue - Capt. Gilbert DIRECTIONS TO COMPLETE BID AWARD RECOMMENDATION FORM ON THE REVERSE SIDE: The top portion of the reverse side of this Bid Award Recommendation Form has been completed by the Department of Purchasing. The user department (s) is required to complete all remaining sections of this form, including the funding source(s), contract value (if applicable), and all other required approvals prior to forwarding to Purchasing. Within 10 dals, FAX this completed form along with approved and signed Bid Tabulation Form and the resolution memo to Purchasing, ATTN: Bid/Contract Section, at 416-1925. These forms will be utilized by the Department of Purchasing to prepare the Resolution for submission to the Agenda Office for Commission approval. Should the department not concur with the recommendation for award, FAX separate justification memo to Purchasing immediately. Emergency procurements are exempt. IN ADDITION TO THE ABOVE DOCUMENTS, PLEASE RETURN A COMPLETED "CONTRACT REVIEW AND ANALYSIS FORM" ALONG WITH THE SCI SCREEN "ACCOUNT SUMMARY" FOR SAID COMMODITY/SERVICE IN PREPARATION FOR THE PRESENTATION AND APPROVAL OF THE BID/CONTRACT BEFORE THE OVERSIGHT BOARD. Contact _ questions. Maritza Suarez of the Bid/Contract Section at 416- 1907 should you have any APPROVAL TO FORWARD ' TO DEPARTMENT/OFFICE : Ju e C er Director of Purchasing HIDRECOM.DOC 7/17/98 DATE: PAGE 1 OF 2 99- 6 w t M VENDOR Item Description 1 Mobile lifting system, as or equal to Stertil-Koni`s Mobil Electro- Hydraulic Jacks, Model ST1072 Manufacturer/Model No. Bid: Stertil-Koni 10176 Baltimore National Pike, 207A Elliott City, MD 21043 Non-Local/Non-Minority Est. Unit Ext Qty. Price Price Atlantic Auto Suppliers 141 NE 24 Street Miami, FL 33137 Local/Hispanic Est. Unit Ext Qty. Price Price 1 $ 37,497.00 \ea $ 37,497.00 1 Stertil-Koni ST-1072 \ea non -responsive* Auto Equipment Co., Inc. {' 518 Bufflehead Johns Island, SC 29455 Mon-Local/Non-Minority Est. Unit Ext Q!y, Price Price 1 \ea non -responsive* 'System offered does not meet Specifications *For submitting multiple bids. r Approval: _ Prepared by Maritza Suarez Department 6irector/Designee 12/3/98 Nev. Page 1 x TIME PERIOD 1994- Present CITY OF MIAMI SUMMARY OF CONTRACTS AWARDED FOR: New Vehicle Lift at Fire Garage Fire Department AWARDED TO: Steril-Koni Bid No. 97-98-196 (837,497) n MBER OF BIDS None PRIOR CONTRACT AWARD: None DOLLAR AMOUNTS + CITY OF MIAMI OFFICE OF THE CIT,` _LERK BID SECURITY L!sT BID ITEM: � INSTALLATION OF THE NEW VEHICLE LIFT BID NO.: 97-98-196 DATE BID(S) OPENED: S E P T E M B E R 19, 1998 TIME BIDDER-� TOTAL BID AMOUNT BID BOND (ER) CASHIER'S CHECK STERTIL-KONI See attached bid ATLA14TIC AUTO SUPPLIERS AUTO EQUIPMENT CO. INC. „ 140 8I0 POLECAT INDUSTRIES, INC. OMER USA, INC. GRAY AUTOMOTIVE PRODUCTS HYDRAULIC SUPPLY ACTION HYDRAULICS UDELSON EQUIPMENT GRAINGER UNITED FORKLIFT NATIONAL CRANE SERVICES, INC. HIGH REACH CO. INC. EMERSON CRANES, INC. •,C)ffers f.rc+m t?:r� `.�;�'�,-; 1.•;--;1 7;r-r,,.,, _�� 1�,�: ,.-a,., ems, • • l f "- - received covelopes on behalf of Person receiv ng bi3(5) PURCHASING DEPARTMENT of CCity Department) (Date) SIGNED: /,I, eputy City Clerk CITY OF MIAMI C/ g- ADVERTISEMENT FOR BID : Sealed bids will be received by the City of Miami City Clerk at his office located at City Hall, 3500 Pan American Drive, Miami, FI. 33133 for the following: # BID NO.97-98-196 One new in -ground or service level vehicle lift, installation of the new vehicle lift, furnishing of one mobile contact lifting system and disposal +t'S of the old in -ground vehicle lift for the Department of Fire -Rescue. OPENING DATE: 10:00 A.M. Monday, October 19, 1998 Detailed specifications for this bid are available upon request at the City of Miami, Purchasing Department, 444 SW 2nd Avenue, Sixth Floor Miami, Florida 33130, Telephone No. 416-1904. Donald H. Warshaw CITY OF MIAMI City Manager LOGO AD NO.5342 � ttS Ct) tO 1 1 211 i r 6 An r a City of Miami REQUISITION FOR ADVERTISEMENT This number must appear in the advertisement. INSTRUCTIONS: Please lype and attach a co of th2 advrti§pmgnt with this reguisition. 1. Department: 2. Division: 3. Account Code number: 4. Is this a confirmation: 5. Prepared by: _ ❑ Yes ❑ No 6. Size of advertisement: 7. Starting date: 8. Telephone number: 9. Number of times this advertisement is to be 10. Tye of advertisement: published: _ Le, al Classified ❑ Display 11. Remarks: _❑_ _7 4-- 12. Publication Date(s) of I Advertisement Invoice No. �� Amount 1; cx7 yj�.,i O f r, 4 j r f i 13. ❑ Approved ❑ Disapproved Department Director/Designee Date Approved for Payment Date C GS/PC 503 Rev. 12/89 Routing: Forward White and Canary to G.S.A. (Proruremnnt Mnnanamantl anri rafnin Dinlr nnn.. UI51 Nluu I IUN: White • G.S.A.; Canary • Department i