Loading...
HomeMy WebLinkAboutR-99-0058t J-99-106 1/15/99 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF ELECTRICAL CONTRACTING SERVICE, INC., FOR THE REPAIR AND REPLACEMENT OF LIGHT POLES, FOR THE DEPARTMENT OF POLICE, AT A TOTAL COST NOT TO EXCEED $20,430.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT, ACCOUNT CODE NO. 312015.299401.6.830. WHEREAS, the Department of Police Central. Headquarters Building sustained damage to several light poles during the May 1997 tornado that affected the downtown Miami area; and WHEREAS, the damaged light poles require replacement and repair; and WHEREAS, pursuant to public notice, Invitations for Bid. No. 98-99-011R. were mailed to twenty-three (23) electrical contractors to provide the necessary pole replacement and repairs; and WHEREAS, two sealed (2) bids were received on November 2, 1998; and WHEREAS, funding is available from Capital Improvement cm CO1ullti'LiSSION MEETING OF JAPE' 2 6 1999 Resolution No. i)6t � o3 t e ` / /per"1 Project, Account Code No. 312015.299401.6.830; and WHEREAS, the City Manager and the Chief of Police recommend that the bid received from Electrical Contracting Service, Inc., be accepted as the lowest responsive and responsible bid; 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 thereto and incorporated herein as if fully set forth in this Section. Section 2. The bid received on November 2, 1998, from Electrical Contracting Service, Inc., for the repair and replacement of light poles, for the Department of Police, at a total cost not to exceed $20,430.00, is hereby accepted, with funds therefor hereby allocated from Capital Improvement Project, hr-nmini- rnna Wn 'Al 9M 1 9QQ401 _ A _ A30 _ immediately upon its adoption and signature of the Mayox-11. PASSED AND ADOPTED this 26th day of January 1 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the V.ayor did not indicate aT)proval of this legislation by signing it in the designated place proOded, said ; e. q,: ji, t; en I n vu becomes effective with the elapse of ton ('10) cl�ysfrom the date of Co miss!cri action regarding same, without the Mayor p ercisi Vveto. ATTEST: W 1101 an, Citv Clerk WALTER J. FOEMAN CITY CLERK APPR03W6"A�ST FORM AND CORRECTNESS:?." -- LAREL WA 81: 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. 3 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM CA-6 1 The Honorable Mayor and Members TO: FILE: of the City Commission DATE: JAN 1 5 1; 9'9 'D SUBJECT: Authorizing the repair and v replacement of Light Poles FROM: lonald H. Warshaw REFERENCES: Bid No. 98-99-011 R City Manager ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution accepting the bid of Electrical Contracting Services, a Dade County/Non-Minority vendor, located at 2294 West 78 Street, Hialeah, FL 33016, for the repair and replacement of light poles for the Police Department, for an amount not to exceed $20,430.00. Funding is available fi-om the Capital Improvement Project, Account Code No. 312015.299401.6.8' )0. BACKGROUND The Department of Police has analyzed the bids received pursuant to Bid No. 98-99-01 JR. Twenty-three (23) invitations for bid were mailed and two (2) responses were received. Electrical Contracting Services, submitted the lowest most responsible and responsive bid and is, therefore, recommended for the award. The Police Department's Central Headquarters Building suffered damaged to several light poles during the May 1997 tornado that affected the downtown Miami area. These light poles require replacement parts and repair DHW:WEO:Imr 09- 08 f 1 1 S zi° .�t�,�.ti"�K;.�h9t'}� '4S 11,1 asa.�m.N_3 aW?}�'t✓ud ...:_�x l.r �r. '.:,.+' -;� r;.(!"s Iva El�x K,., �v t Jt la_ . i CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO: DATE: FILE The Honorable Mayor and Members of the Cit , ommission SUBJECT: Bid No. 98-99-011 R Local Vendor Pailicipation/Response FROM: Doi arS law REFERENCES: City Manager ENCLOSURES: Please be advised that Invitation for Bids (IFB) were sent to the following local vendor(s) to procure repair and replacement of light poles at the Department of Police Central Headquarter Building. Bids were opened 11:00 am, Monday, November 2, 1998. As a follow-up, those vendor(s) who did not bid was contacted on December 22, 1998, to determine their reason(s) for not bidding. District r Name of Vendor Vendor Response(s) Contact Person No. 1. Municipal Lighting Systems Factory Representative for different Jose Vasquez IIl distributors 2. Riverside Electric Co. Called 3xs- A7o answer Richard Irvin III 3. Ernesto Rodriguez Construction Do not provide service Ernesto Rodriguez I 4. Handsel Electric Co. of Fl. Busy working on other bids and the Lenard Handsel IV gov't. agencies takes too long to send payment 5. B & F Electric Didn't have time to return bid Alberto Bagdadi I 1 6. Bennett Electric Service Received Bid -Not within 10% Jack Higgins II 7. Tri-City Electric Co., Inc. Not enough time to fill out bid Otto Kirchheiner ill 8. Saturn Construction & Dev. Too costly to bid on a small project Edy Laraque II ; 9. Allen Morris Construction Co. General Contractor -Don't provide svc. Bill Prado II I - 10. Circle R. Construction Co. Phone Disconnected Loren Johnson II 11. Citco Construction Co. Do notprovide service Sergio Vidal III 12. P & E Construction, Inc. Do not provide service Mr. Arias I DHW/BWH/JSC/c b Y � c: Purchasing Dept. k: 4 f I 9J-- �a ;tease quote on this form(s) net prices for ' item(s) attached. Return signed original ar( ,tain a copy for your files. Prices should include all costs, includut,, transportation to destination. The Cit} reser� the right to accept or reject all or any part of this bid. Prices should be fu-rrt 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 in determining the quoted prices. Bids must bereeei<ed by:.11:(10 AN[, Monday, November 2,1998 at the'Offiee of -the City Cleth--, 3500 Pan American Drive, Mrarn4 iiorrda 33131 5504 vt SHORT-TERM CONTRACT 670-91968-76: REPLACEMENT OF LIGHT POLES We have read your Invitation for Bid, completed the necessary documents, and propose to famish and deliver, F°O,B. DESTINATION, the items or service specified herein. ALL BIDS MUST BE SUBMITTED IN TRIPLICATE OR YOUR BID MAY BE DISQUALIFIED. (Q� _number of calendar days required to complete work after Notice to Proceed or issuance of purchase order. \Q number of calendar days required before commencement of work. Delivery will be made within CLC calendar days after receipt of purchase order. Terms: 20/.-10 days Net 30 days —Z Additional discount of d % if awarded all items. IJ Wr (include cash discount for prompt payment, r ayment, if any) Other Discounts: IM te Contact Person/Telephone: l—/iy"sAe C�. o. �r� 3(.� S- SS(o- OO_i \ Term of Warranty for equipment: Term of Warranty for labor: All exceptions to this bid have been documented in the section below. EXCEPTIONS: , Pr I certify that any and all information contained in this bid is true; and I ftniher 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'sName:Z tltAr• to Telephone:_ 00L-J Principal Business Address: Fax: 3as- 20 — ©553 Name: \ram -- 10 CA - Mailing Address: Title: ��ac Star�.� Authorized Signature: E-Mail Address: Beeper: ZoS— �-A—S3(0"i 6." 'INDOR BACKGROUND INFOR. _ *'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: e��t r� c,4`�.b,J��'�a-i �'�� �,-ytrJt'Ce 7_.x . COMPANY OFFICERS: l l President �/�, �.� �� t t . Vice President ja, Secretary � ,ar `� � �t>. t � - Treasurer ry � :Ek COMPANY `OWNERSHIP: Q r o•-t r -- S \ % of ownership .a r \b— �o.� __`�% of ownership % of ownership % of ownership LICENSES: 1. County or Municipal Occupational License No. (attach copy with bid) l 2. Occupational License Classification C_ kle 3. Occupational License Expiration Date: 4. Metro -Dade County Certificate of Competency No. (attached copy if requested in Bid or RFP) 5. Social Security or Federal I.D. No. 501- Dus5 D, O D, EXPERIENCE: 6. Number of Years your organization has been in business:_ 7. Number of Years experience BIDDER TROPOSER (person, princt al of firm, owner) has had in operation of the type required by the specifications of the Bid or RFP: TO 8. Number of Years experience BIDDERIPROPOSER (firm, corporation, proprietorship) has had in operation of the type required by the specifications of the Bid or RFP: _�O 99- 5s '.v'*.n.'ae2P•:r?(4+a15±?f 5:iS �axxwY.lawSw+.�.wtzrF+i«n.wwn+(f�Awu!.. •q+oY«a..?.?xt�wpMARPP T.'.w!H�axew+r.4�7fi•r.Y.�>c.mcasw,,.,,...— �F'«S"li7<&Ahi�€t`a1'fi}S#�'Scz`w' City of Miami, Florida I [aid No. 98-99-1 1 R 2.0 GE1'EK4 L TERI LS A AD CONDITIONS FOR THE PURC HASE OF SE.R VICES INTENT": The General Terms and Conditions described herein apply to the acquisition of general services with an estimated aggrc`,ate cost of $4., 00.00 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 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 (goverrunental) 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. k f 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. 1, B. The award of a Contract where there are Tie Bids will be decided by the Director of Purchasing or j designee. I 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 Citv. at its sole discretion. may seek monetary rectinttinn frnm the Rirldor nnA ite t,i.t knn,i nr atin—ntoP h 01 611 a��itbl,.iay. "Ai, City of 14iami, Florida f (e ti1 Bid No. 98-99-IIR D. The tern 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. ','here a conflict between thvo 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 service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder, in writing, of its intent to extend the contract at the same price, terms 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 arty and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders within ten (I0) 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. 2.9. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute a Contract and/or file an 1 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 forfeitwe 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 Oil— i •� ���i_ � ,`gar wi,�s.r.,,arr6`, �=i+.�. �} Y City of Miami, Florida ,^1 �` Bid No. 9S 99 I l R agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: 2.13.1, Executive Order 11246, Much 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, Safetyy and Health Act (OSHA), 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. MinoritylWomen Business Affairs Enterprise (M7YBE) 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). 2.13.7. 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 Hazards (NIOSH), as applicable to this IFB. 2.13.10. National Forest Products Association (NFPA), as applicable to this IFB. 2.13.11. City Local.Preference Ordinance No. 11087, as applicable to this IFB. 2.13.12. Conflict of Interest, City Code Section 2-611; 612. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. Non-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. 4 2.15. CONTRACT AND BONDS - The bidder whose bid is accepted may be required, within the time f{l{ established in the IFB, to enter into a written contract with the City, and if required, furnish performance and j payment bonds on City standard forms in the amounts indicated in the IFB. 11f 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. 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 part 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: Rev. 6/8/98 ... .. i 1, 1, F., :i, np.n` � .z r..,r .r.Y ,•(", 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 begin 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. E1ViERGENCY/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 during 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 J- 5' 't ,r Y'+'E' 4llfZ+t9if!?` , 4r �T-.iy'tN-E'n�iyk+J�i�P i1TiFsJv Jw+�dtF`i 1x,Sa.(Fjy ..J ' City of Miami, Florida Bid No. 98-99- l 1 R C. Demonstration of Responsibility (1) Bids will only be considered from firms/sole proprietors who are regularly engaged in the business of providing the sen.,ices required by the Bid. Bidder's must be able to demonstrate. a satisfactory 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. i 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 openuig, whichever is earlier. Bid 'Tabulations will be furnished, after a recommendation 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." 2.23 2.24 Rev. 6/8/98 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 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. INVOICES - Invoices shall contain purchase order number of goods or equipment delivered (i.e. quantity, unit price, extended price, etc.) LOCAL PREFERENCE - City Ordinance 11087, states that the City Commission may offer to a responsible and responsive local bidder, whose primary office is located in the City, the opportunity of M1 �'A 019 City of Miami, Florida /'" �, Bid No. 95-99-1 1 R accepting a bid at the low bid amount, if the original bid amount 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 Minoru 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 Women minority business enterprises on an equal basis." A minority business enterprise is defined as a business finn "...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 goal established by these Ordinances, participation in providing goods and services to the City by minorities is being encouraged in a number of ways. All bidders doing business with the City are encouraged to include the'- of minority firms in thee- bids. In evaluating bids for determination of awards, minority participation may be a factor. Failure to adequately involve minority fuTns may be a basis for rejecting any and all bids. Possible ways to include minority participation would involve: I >; 1. Joint venture with a minority firm(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 affirmative 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 #10062 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 concerning 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/Women Status or Participation is required. Bidder's cooperation is greatly needed to aid the City in achieving its goal. 2.26. MODIFICATIONS 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 writitg 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 origin, 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 Tax requirements in Rev. 6/8/98 ��."'R1 ,,. A , .. ::.... :,f :-`_,,.,. ,. _ ,:..-... .. -. �. �.. :. _., . •,,, � �1,w '�f s ,, .5".!.Y S?. FiT,H: i,5 r �pY{�ri T '. f' R' r t T+�.. y. City of Miami, Florida Bid No. 95-99-1 I:R accordance with Chapter 3I.I, Article I of the City Charter. tethers 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 to supply the license to the City durin- the evaluation period, but prior to award. 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 contingent 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 prompt 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 an 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 during 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 IS NEWS'+ t City .of Miami, Florida Bid No. 93-99-1 1 R Commission approval): or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 2.35. RESOLUTION OF PlIOTEST - 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 fit-m 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. TERNMATION - 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. 2.39. 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. Rev. 6/8/98 tea, ii fT'�-FRP ,rx "�rw ,n 3.0 SPECIAL CONDITIONS 3.1 SCOPE AND PURPOSE: It is the intent of the City to establish a short-term contract for the replacement of five (5) Light Poles at the Miami Police Department Administration Building located at 400 N. W. 2nd Avenue, Miami, Florida. 3.2 ON SITE INSPECTION Each bidder is required, prior to submitting a bid, to visit the site, inspect the light poles to be repaired, and 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: Miami Police Department Administration Building 400 N.W. 2nd Avenue Miami, Florida 33131 Contact Person: Captain Joseph Longueira, Telephone: (305) 579-6524. Pager: (305) 483-8728.OR Officer Martin Garcia, Telephone: (305) 579-6524. Bidders shall contact Capt. Longueira or Officer Garcia to make an appointment to inspect the job site. 3.3 METHOD OF AWARD Award will be made to the lowest responsive and responsible bidder meeting specifications. Determining responsiveness and responsibility will be based on the terms and conditions and the following criteria: (1) bid price; (2) evaluation of the information required in the Special Conditions; (3) performance of the equipment being quoted; (4) delivery; and (5) warranty and related information. 3.4 NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. 3.5 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. Issuance of a Purchase Order shall constitute evidence of its approval by the Oversight Board. 3.6 BIDDER QUALIFICATIONS In order to maintain the City's property at a high level, the City is seeking qualified contractors who have experience and provides quality service. Bids shall be considered only from firms that are regularly engaged in the business of providing services as described herein. The Bidder shall: a) Have been in the business for not less than three (3) years in the provision of similar services requested herein. .:! 8 CITYOf",bI1AVI. FLORID.4 5PEChIL COND177ONS (CONT) BID :VO 95-99-OIIR b) Bidder must possess a current Electrical Contractor License, General Contractor, or applicable Certificate of Competency issued by the State of Florida or Miami -Dade County. Bidder must also provide a current Occupational License. Proof of these current licenses must be provided "ith Bid submittal. e) Have no record of pending; lawsuits or criminal activities and not have conflicts of interest which may be of embarrassment to the City. d) 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. 3.7 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. 3.8 CANCELLATION The City Manager by written notice may terminate in whole or part any Contract resulting from this invitation, when such action is in the best interest of the City. If the Contract is so terminated, the City shall be liable only for payment for services rendered prior to the effective date of termination. 3.9 COMPLIANCE WITH FEDERAI, 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). 3.10 EIM71.0YEES All personnel of the successful bidder must be covered by Workmen's Compensation, unemployment compensation and liability insurance, a copy of which is to be provided to the City. All persons employed by the Contractor shall be considered to be at all times the sole employees of the Contractor under his sole discretion and not an employee or agent of the City. 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. 3.11 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. 3.12 WORKMANSURP AND MAT.ERULS All equipment installed and used in performance of this contract shall be new (of current design or manufacturer). Salvage materials will not be allowed. 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. r. MYOFVIM FLORIDA SPECIAL CONDITIONS (CONT) ;;, \! BID NO. 93-99-OI i R 3.13 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. 3.14 INSTALLATION The successful bidder will be required to provide all labor for the complete assembly and in -place installation of the equipment/parts. Bid prices should reflect the cost to bidders for same. Installation shall be according to manufacturer's published instructions. All items shall be level, true, and free from defects. All packing materials shall be removed from the site and disposed of by the successful bidder, at least on a daily basis. Bidders shall indicAte on the Bid Sheet the number of calendar days required to complete installation of parts and repairs to the poles. 3.15 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. 3.16 DISCREPANCIES, ERRORS, AND OMISSIONS Any discrepancies, errors, or ambiguities in the IFB or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the request for proposals and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. 3.17 WARRANTY OF PARTS Vendor warrants the parts to be free from defects in material and workmanship. The successful bidder shall provide a minimum of one (1) year warranty on all parts and service covered in this IFB. Bidder shall additionally provide a warranty on maintenance for services for a one (1) year period, and respond to calls from the Contract Administrator within twenty-four (24) hours should repairs or other service be required on the work performed. 3.18 CERTIFICATE OF CONVETENCY Any person, firm, corporation or joint venture who offers a bid, at the time of such bid, shall hold a valid Certificate of Competency or License for Electrical, General or other applicable Contractor issued by the State or County Examining Board qualifying said person, firm, corporation or joint venture to perform the work proposed. If any or all work required in conjunction with this bid is performed by a subcontractor(s), an applicable Certificate of Competency issued to the subcontractor(s) shall be submitted with the Bidder's proposal. A copy of the certificate must be submitted with the bid proposal. Failure to submit this document may render this bid non -responsive; provided, however that the City may at its sole option, allow the Bidder to supply the Certificate to the City within seven (7) calendar days from the date of the bid opening. 3.19 FIRST SOURCE HIRING AGREEMENT Bidders must agree to comply with City Ordinance 10032 to provide City of Miami residents priority in employment opportunities which may arise should Bidder be awarded this bid. Bidders must complete and return "Statement of Compliance with Ordinance No. 10032" form with bid response. To obtain additional i information on this program, contact can be made with Ms. Joni Jones -Harris, Assistant Director, Department of Community Development, at (305) 693-3120. ; 3 99- 58 t•€ i 7r �.yv�.. ham'-_y��-: c5r R,.:zi"Wl�'i'•'�.".r1A,,i5+`��i'�°4;}�SVt-�'w,V�Fci`..� �g [. ;,Yisz"��.ZY".-5- � t ':��9.'F�"iF`�Y'. - ...:.• - /f `. i. i ; .NMI' , Z CITT OF MIAMI, FLORIDA SPEC14L CONDITIONS (CONT) . M AO. 98-99.OI I R 3.20 STATUTORY REQUIREMENTS Florida Statutes 439.119 requires a Certificate of Authcrity/Qualified Business Organization (CA/QR) license for all construction businesses other than an individual or a "sole proprietorship." Successful contractor may be required to provide the Purchasing Department a copy of valid CA/QB license prior to issuance of a Purchase Order. Failure to submit this license may be cause for cancellation of this contract. 3.21 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/her expense, all licenses and permits and shall fully comply with all applicable laws, regulations and codes as required by the State of Florida, or by the South Florida Building Code. The contractor(s) 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. Any fines or penalties to the Contractor shall be paid at the Contractor's expense. 3.22 _ BRAND NAME OR EQUAL Special brands, when named, are to indicate the standard of quality, performance, or use desired. 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 material shall be returned at the vendor's expense and the order terminated. 3.23 COMTLIANCE N'VITH 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 PERFORMANCE_ The Contractor shall be fully responsible for performing all 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. 3.25 INSPECTION FOR COMPLETION AND PAYMENT Upon completion of the work, an inspection will be held. The Contractor shall notify the Miami Police Department for scheduling of the inspection three (3) work days prior to the anticipated inspection date. The Police Department will decide if work is ready for inspection and will request the Contractor to establish the time and date of inspection and notify all concerned parties to be present. At the time of the completion of the 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 authorized. If the City determines that the work performed is not fully satisfactory to the City, the Contractor shall immediately make any and all required work in order to fully satisfy the City. Payment shall not be made unless the work is approved and authorized by the City. 3.26 PERSONNEL All personnel of the successful bidder must be covered by Workmen's Compensation, unemployment compensation and liability insurance, a copy of which is to be provided to the City. Bidder shall be deemed 4 99- 5� � �zzm� rr l CITY' OF,b/1.45//. FLORIDASPECIAL CONDI'TION� (CONT.) BIDNO, 98-99-q1 /R to represent that it has, or will have upon the award of the Contract, all necessary qualified 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 3.27 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/her own expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly. The Contractor is responsible for immediate repair of any damage to other installations caused by his/her work and shall be fully responsible for any repairs at no cost to the City. 3.28 L-TTLITIES Prior to construction, the Contractor shall familiarize himself/Iterself 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. 3.29 PUBLIC CONVENIENCE AND SAFETY The Contractor shall conduct his work so as to interfere as little 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. 3.30 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 additional 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. 3.31 EXAMINATION OF THE WORK The City shall be furnished with every means to verify whether or not the materials and the work performed is 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. 3.32 USE OF PREMISES The Contractor shall confine his/her equipment, apparatus, the storage of materials, and the operation of his/her workers 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. 3.33 FINAL CLEAN-UP Upon completion of the work and before acceptance and final payment is made, the Contractor shall clean, remove, and properly dispose of 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 performance of the work, and shall leave the work in a neat and presentable condition. 3.34 WARRANTY, FITNESS FOR PURPOSE The vendor warrants the materials supplied and the work performed under this contract conform to warranty materials provided and work performed for one (1) year from date of completion. 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 (i) year after the date of acceptance of the labor, materials and/or equipment by the City. this warranty requirement shall remain in force for the full one (1) year period; regardless of whether the bidder is under contract with the City at the time of any defect. ,Any payment by the City on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. The bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5) calendar days after the City notifies the bidder of such deficiency in wn•iting. If the bidder fails to honor the warranty and/or fails to correct or replace the defective wort: or items within the period specified, the City may, at its discretion, notify the bidder, in writing, that the bidder may be debarred as a City ?udder and/or subject to contractual default if the corrections or replacements are not completed to the satisfacoon of the City 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 City may (a) place the bidder in defaults 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 City for this work or items; either through a credit memorandum or through invoicing. 3.35 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 City which is damaged by reason of the bidder's operation on the property. 3.36 DEFAULT OF CONTRACT 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. 3.37 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY BIDDER: The successful bidder shall furnish all labor, materials, and equipment necessary for satisfactory contract performance. 3.38 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, as defined in Ordinance 10062 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 f 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. Nothing contained in this specifications shall be construed as establishing any contractual relationship between any subcontractor and the City. 6 0S ,,� �.^*•�.r^r x»�s . �'"�`}rrr..'q-+ is '�"' .,a� rya" .. ,ti�� as '� 'i�r��'� r � c; ,. �nm .�+���rsif �ay�'�tx.£ w� n- r�� rr� ���� "�5?",�,�Yr� �; at � �,+ysr �r`kt":'��keTr{' ,;t'��"a,` M4'�n` �^ W�'€hssv�`.�'. �µ . -+58 :•t� ,.� . - .. �., a?r �n ¢ � .„,{� r- 42y F, .. 1 �. ... �. ,.. ,,. s,_..... .,,,... rr.,...��r a .c•,:wln.�.. .... i _. ,. ,.n .+rrerK. ui, �, ..o, t..'su�..^isa o, ti+,u�..�+n�roti .u+kN� a, M .� ... v CITYOFAHAdIL FLORIDA SPECIAL CONDITIONS(CONT) � RIDNO. 98.99-OIIR 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. 3.39 INDEMNIFICATION; The successful Bidder shall defend, indemnify and save harmless the City of Miami and all its officers, agents, and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any, injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful bidder, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from the award of bid. Successful bidder shall pay any judgments with cost which may be obtained against the City of Miami growing out of such injury. 3.40 PROVISION FOR SPECIAL rrEMS Items so entitled on the Bid Sheet shall be the maximum Cash Allowance Sum for Project, and in the amount indicated. This shall be included in the bid to provide funds for payment for items of work not foreseen at the time of bidding. Payment from these bid items will be made only as directed by the proper representative of the Police Department. Funds not spent from these sums shall revert to the City. 3.41 LIQUIDATED DAMAGES The successful bidder shall at all times guard against damage to or loss of property of the City and of any others, and shall replace or repair any loss or damage unless such be caused by the City, other vendor or other Contractors. The City may withhold payment or make such deductions as it might deem necessary to insure reimbursement for loss or damage to property through negligence of the successful bidder or his -her agent. 3.42 CONTRACT ADMINISTRATOR Upon issuance of contract award, contractor shall report and work directly with Officer Martin Garcia, Contract Administrator, and who may be contacted at telephone number (305) 579-6524. 3.43 INQUIRIES Questions regarding this bid should be directed to Ms. Pamela Burns, Sr. Procurement Contracts Officer, at (305) 416-1905. 3.44 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 contractor when work is performed in areas frequented by others or when deemed necessary by the City. 3.45 YEAR 2000 REMEDY CLAUSE (EQUIPMENT) In tI-ie event of any 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 am CITY OF MIAMI SUMMARY OF CONTRACTS AWARDED FOR: REPAIR & REPLACEMENT OF LIGHT POLES $20,430.00 AWARDED TO: Electrical Contracting Service, Inc. TIME PERIOD From: 1994 to Present NUMBER OF BIDS DOLLAR AMOUNTS #95-96-090 PRIOR CONTRACT AWARD: None SUMMARY OF CONTRACTS, DOC 1 $1601000 (Citywide) J 9 58 BID AWARD RECOMMENDATION FORM BID NUMBER: 98-99-011R COMMODITY/SERVICE: Replacement of. Light Poles _ DEPARTMENT / DIVISION: Police TERM OF CONTRACT: short Term Contract NUMBER OF BIDS DISTRIBUTED NUMBER OF BIDS RECEIVED: METHOD OF AWARD: To the lowest responsive and responsible bidder meeting specifications. RECOMMENDED VENDOR(S): STATUS: CONTRACT VALUE: Electrical Cont-rac incg Services Dade Co./Non-Minority $19,430.00 1,000.00 (base) TOTAL: $20,430.00 THE FOLLOWING TO BE COMPLETED BY USER DEPARTMENT: JUSTIFICATION: The Police Department's Central headquarters Building suffered damage to several light poles during the May 1997 tornado that affected the dovmtown Miami area. These light poles along with one base require replacement parts and repair. ACCOUNT CODE(S): 312015.299401.6. 830 (CIP) DEPARTMENT APPROVAL: BUDGET R EW APPROVAL: PURCHASING APPROVAL: Department Dire tor/ 1,21i �a Dipak M. Parekh J y S. Ca Designee Director Director OTHER FUNDING APPROVALS, IF APPLICABLE;/ !� / TITLE: t'g AGE 2 OF 2 F3 V 9 r 0 V p. ^+w4. n BID NUMBER: 98 — 99 — 011R COMMODITY / SERVICE: Replacement of light Poles DEPARTMENT/CONTACT PERSON: Lourdes Rodriguez, MPD 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 days, 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 Pamela Burns of the Did/Contract Section at 416- 1905 should you have any questions. APPROVAL TO FORWARD TO DEPARTMENT/OFFICE : dy S. r Dir ct of Purc g DATE: V BIORECOM.AOC 7/17/98 PAGE 1 OF 2 (� TABULATION OF BIDS< REPLACEMENT OF LIGHT POLES <<<' BID NO. 98-99-011R Electrical Contracting Service, Inc. Bennett Electric Service Co. Inc.=a 2294 West 78th Street 6900 N.E. 4th Court } Hialeah, Fla. 33016 Miami, Fla. 33138' Dade Co. / Non -minority Local / Non -Minority ** v, ITEM: DESCRIPTION: COST COST y 1 To cover all labor, parts, materials, $ 17,430.00 $ 19,679.00 r permits, licenses, supervision, and equipment to replace 5 light poles. 2 Provision for Special Items p $ 2,000.00 $ 2,000.00 4, (not to exceed $2,000.00) GRAND TOTAL $ 19,430.00 $ 21,679.00 3 Optional Item d= , a: Work required on bases of light poles, $ 6,000.00 N / A if necessary„ (Time required to complete work) 90 days 90 days., y' Ni 1 'Y Approve **Local -vendor not within 10% 'n y S. C ; cto Approved:_ Director/Designee " Date: :^t Date: _ Prepared by Pamela Burns, 11/10/98 �.:•'�'. s-sa..w -� ,, .wr 4s. aa.l ,.yc, _ y 4; r�• ,� mp i7zc` y