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R-99-0279
J-99-326 4/15/99 RESOLUTION NO. 9 v 279 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE FURNISHING AND INSTALLATION OF HURRICANE SHUTTERS AND STORM MITIGATION SYSTEMS FROM SEA VIEW INDUSTRIES, INC., JEFF ROBINSON SHUTTER CO., INC., HURST AWNING CO., INC., AND ROLLADEN, INC., UNDER MIAMI-DADE COUNTY CONTRACT NO. 5101-2/0200TR-CW-SW UNTIL DECEMBER 31, 2000, IN THE TOTAL AMOUNT OF $361,333, FOR THE DEPARTMENTS OF FIRE -RESCUE, POLICE, GENERAL SERVICES ADMINISTRATION AND CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM PROJECTS, AS SPECIFIED HEREIN, CONSISTING OF PREVIOUSLY APPROPRIATED FEDERAL EMERGENCY MANAGEMENT AGENCY GRANT FUNDS. WHEREAS, the City of Miami received approval from the Federal Emergency Management Agency (FEMA) and the State of Florida for hurricane mitigation and other preparedness activities, as a result of the damage suffered from Hurricane Andrew; and WHEREAS, grant funding for the above hazard mitigation work was received from FEMA pursuant to Section 406 of the Federal Public Assistance Program PL 93-288, as amended; and WHEREAS, said grant was accepted and appropriated by City of Miami/Capital Improvement Program Appropriations Ordinance No. 11705, adopted September 28, 1998, as amended, into various MEETING OF APR 2 7 1999 Resolution No. 99-- 279 R-. CIP Projects; and - WHEREAS, if qualified mitigation work exceeds that which is presently contemplated, FEMA will make additional funds available through the State of Florida, Department of Community Affairs, Emergency Division, to perform work originally approved in the - initial scope of work document; and WHEREAS, it is beneficial to the City to use the Miami -Dade County Contract for this work; 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 furnishing and installation of hurricane _ shutters and storm mitigation systems from Sea View Industries, Inc., Jeff Robinson Shutter Co., Inc., Hurst Awning Co., Inc., and Rolladen, Inc., under Miami -Dade County Contract No. 5101-2/0200TR-CW-SW, on a contract basis until -- December 31, 2000, in the total amount of $361,333, for the Departments of Fire -Rescue, Police, General Services Administration and Conferences, Conventions and Public Facilities, is hereby authorized, with funds therefore hereby allocated from the following Capital Improvement Program (CIP) Projects, consisting of previously appropriated Federal Emergency = w- R Management Agency Grant (FEMA) funds: Fire Station #9, No. 313642 $ 17,342 GSA Building, No. 311928 77,000 Fire Station #4, No. 313640 0 - Fire Station #3, No. 313997 1,549 Fire Station # 11, No. 313994 2,071 Fire Station #1, No. 313995 28,704 Police Headquarters Bldg, No. 312876 138,644 Fire Garage, No. 313996 23,285 Coconut Grove Convention Center, No. 325014 72,738 Total $361,333 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.l� PASSED AND ADOPTED this 27th day of APril , 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, s:a�t. I"413:4t::? now becomes effective with the elapse of ten (10) days Qom the date of Gom , ,sicn :i^a regarding same, without the Mayor a ercising ©to. ATTEST: Vt Iter J. man, City Clerk WALTER J. FOEMAN CITY CLERK -.on CTNESS .V TTORNEY w W�668:RCL l 1!� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. - 3 - 9 9 -- 279 CITY OF MIAMI, FLORIDA 28 INTER -OFFICE MEMORANDUM TO: Honorable Mavor and DATE : APR 1 9 1999 FILE FM-007.doc Members of the City Commission SUBJECT: Authorize hurricane mitigation work by various providers _ FROM: JAhaldWarshaw REFERENCES Commission Meeting 4/27/99 City Manager ENCLOSURES - Resolution RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the furnishing and installation of hurricane shutters and storm mitigation systems from Sea View Industries, Inc., Jeff Robinson Shutter Co., Inc., Hurst Awning Co., Inc., and Rolladen, Inc. These services are being provided under Miami -Dade County Contract No. 5101-2/0200TR-CW-SW in effect until December 31. 2000. It is beneficial to the City to use the Miami -Dade County contract for this work. The total amount for the mitigation work is $361,333, which will be funded by a Federal Emergency Agency Management (FEMA) grant. The projects to be undertaken are hazard mitigation Capital Improvement Projects as follows: CIP Hazard Mitigation Project Amount Fire Station #9, No.313642 $17,342 GSA Building, No. 311928 77,000 Fire Station #4, No. 313640 - 0 - Fire Station #3, No. 313997 1,549 Fire Station 411, No. 313944 2,071 Fire Station #1, No. 313995 28,704 Police Headquarters Bldg., No. 312876 138,644 Fire Garage, No. 313996 23,285 Coconut Grove Convention Center, No. 325014 72.738 Total $361,333 BACKGROUND As a result of the damages suffered to this area as a result of Hurricane Andrew, the City of Miami = received approval from FEMA and the State of Florida to embark upon hurricane mitigation and other = preparedness activities. This hurricane mitigation funding is for City owned critical properties whose - structural integrity and safety are the sole responsibility of the City to maintain and repair. Grant funding for this work was made available from FEMA pursuant to Section 406 of the Federal Public Assistance Program PL 93-288, as amended, and the funds were appropriated by Appropriations/CIP Ordinance No. 11705, adopted September 28, 1998, as amended. FM-007.doc g 9_ 279 tr_ Several projects received appropriations and the aforementioned mitigation work is among them. In the event that qualified mitigation work exceeds that which is presently contemplated, FEMA will make additional funds available through the State of Florida, Department of Community Affairs, Emergency Division. The additional funding, if required, will be to perform work originally approved in the initial scope of work document. Enc. DHW/CAKR/ML csk FW007.doc w- -2- 99- 279 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Judy S. Carter, Director DATE: April 14. 1999 FILE FM-008.doc Department of Purchasing FROM: Chief C.A. Gimenez, Director Department of Fire -Rescue SUBJECT: Hurricane/Hazard Mitigation work funding REFERENCES Commission Meeting 4/27/99 ENCLOSURES -Proposed Resolution The Department of Fire -Rescue has verified that funding is available, in the total amount of $361,333 from the Capital Improvement Program for the cost of hazard mitigation work at the following city -owned buildings: CIP Project Nos. 325014, Coconut Grove Convention Center, $71738; 312876, Police Headquarters Building, $138,644, 311928. General Services Administration Building, $77.000; 313642, Fire Station #9, $17,342; 313640, Fire Station #4, $-0-; 313997, Fire Station #3, $1,549; 313994, Fire Station 411, $2,071; 313995, Fire Station #1, $28,704, 313996, Fire Garage, $23,285. Grant funding for this work was made available from FEMA and the funds were appropriated by Appropriations/CIP Ordinance No. 11705, adopted September 28, 1998, as amended. In the event that qualified mitigation work exceeds that which is presently appropriated or contemplated, FEMA will make additional funds available through the State of Florida, Department of Community Affairs, Emergency Division. The additional funding, if required, will be to perform work that is within the scope and intent of the hazard mitigation projects. 1�1_1( CAG/FKR/MLK/csk Enc. CIP Approval: l / Pil Saenz-Butler, CIP Administrator - Budget Approval: t� Luie Brennan, Acting Director FM-008 q-Jzl-qq Date Date 99- 2'79 r• CONTRACT AWARD SHEET BID NO.: 5101-2/02-OTR-CW-SW (Previous Bid No.) 5101-2/98 SECURITY AND STORM MITIGATION SYSTEMS CONTRACT PERIOD: 1/1/99—12/31/2000 COMMODITY CODE: 150-79 OTR YEARS: 2 AWARD BASED ON MEASURES: Yes() No (X): (} Set Aside ( ) Bid Preference () Goal ( ) BBD ( ) HBE ( ) WBE owned firms ( ) Local Preference ( ) CSBE Level mu #i RS F.E.I.N.: AWARDED 591149062 VENDOR: SeaView Industries, Inc. STREET: 3750 NW 4e Street CITY/STATE/ZIP: Miami, Fl 33142 TERMS: F.O.B: Destination PAYMENT: N/30 DELIVERY: As Needed PHONE: (305) 633-9650/(800) 282-8688 FAX: (305) 634-9060 CONTACT: Ms. Pat Carroll F.E.I.N.: 650582216 VENDOR: Jeff Robinson Shutter Co., Inc. _.- STREET: 3440 NW 73`d Avenue CITY/STATE/ZIP: Miami, Fl 33122 TERMS: F.O.B: Destination PAYMENT: N/30 DELIVERY: As Needed PHONE: (305) 884-7066/(800) 642.3057 FAX: (305) 863-8983 CONTACT: Jeffrey T. Robinson F.E.I.N.: 590980868 VENDOR: Hurst A" Co., Inc. STREET: 5795 NW 36 Avenue CITY/STATE/ZIP: Miami, Fl 33142 TERMS: F.O.B: Destination PAYMENT: N/30 DELIVERY: As Needed PHONE: (305) 635-0900/(800) 387-0905 FAX: (305) 634-9078 CONTACT: Mr. Frank Cornelius 99- 2'79 ti. ■ M F.E.I.N.: 581419209 VENDOR: Rolladen, Inc. STREET: 550 Ansin Blvd. CITY/STATE/ZIP: Hallandale, F1 33009 TERMS: F.O.B: Destination PAYMENT: N/30 DELIVERY: As Needed PHONE: (305) 757-8591/(800) 748-8837 FAX: (954) 454-1577 CONTACT: Robert Homan PART #2: ITEMS AWARDED Bidders have been prequalified to participate in the spot market process. PART #3: AWARD INFORMATION BCC AWARD DATE: 12/8/98 AGENDA TEEMS #: 6F3B BIDS & CONTRACTS RELEASE DATE: 1/12/99 OTR YEAR: N/A ADDITIONAL ITEMS ALLOWED: Yes AFFIDAVITS RECEIVED: OTR YEAR: SPECIAL CONDITIONS: TYPE 1 I mmmce/Performance Bond required TOTAL VALUE: $3,936,870.00 MODIFIED VALUE: $ DOLLAR AMOUNT DEPARTMENT ALLOCATED Parks - $129,318.00 Fire $217,000.00 MDHA $300,552.00 MDWASD $ 40,000.00 Seaport $250,000.00 PROCUREMENT SPECIFICATION SPECIALIST: • 02-11-99 Edgar Inniss, CPPB 2 99- 2"79 1r- I ti ,u. PRE -QUALIFICATION FOR SECURITY & STORM MITIGATION SYSTEMS FIRM NAME: Item Quantity Description Unit Price Total LISTED BELOW ARE THE CATEGORIES OF ITEMS FOR WHICH FUTURE PROPOSALS WILL BI REQUIRED ON AN AS NEEDED WHEN NEEDED BASIS. 2. Roll -Down - Electric Operation 3. Accordion/Folding Shutters Minimum Static Wind Load (Design) Neg. Pressure 230 p.s.f. 4. Storm Panels - a. Steel 18 ga. Galvanized 2" corrugated height b. Steel 20 ga Galvanized 2" corrugated c. Aluminum .063 Mill Finish 2" corrugated height GROUP B - GARAGE DOOR REINFORCEMENT 1. Overhead Door Reinforcement 2 Bracing (Storm Bars) GROUP C - Impact Resistant Glass Systems (including aluminum frames) GROUP D - Anchored 8MM Impact films (aluminum) 3 GROUP E - Perforated Metal Shields 3 9 9 - 279 iI A M I•DADE BID NO. a101-2/02-OTR-CW/SW OPENING: 2:00 P.M. Wcdncsday DATE: July 8, 1999 MIAMI-DADE COUNTY, FLORIDA INVITATI0N TO BID TITLE SECURITY AND STORM MITIGATION SYSTEMS (PRE -QUALIFICATION) FOR A TWO (2) YEAR PERIOD WITH COUNTY OPTION TO RENEW FOR TWO (2) ADDITIONAL YEARS ON A YEAR BY YEAR BASIS. THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW: BID DEPOSIT AND PERFORMANCE BOND: CATALOGUE AND LISTS: EQUIPMENT LIST: INDEMNIFICATION/INSURANCE: PRE -BID CONFERENCE: RACE -CONSCIOUSNESS MEASURE: SAMPLES/INFORMATION SHEETS: SITE VISIT/AFFIDAVIT: SOURCE OF SUPPLY: TRADE CERTIFICATION: WRITTEN WARRANTY: FAIR SUBCONTRACTING PRACTICES: LISTING OF SUBCONTRACTORS A SUPPLIERS FOR INFORMATION CONTACT: SENIOR PROCUREMENT AGENT (305) 375-4260 SEE SECT. 2.0, PARA. 2.12 & 2.13 N/A N/A SEE SECT. 2.0, PARA. 2.11 SEE SECT. 2.0, PARA. 2.3 N/A N/A N/A N/A SEE SECT. 2.0, PARA 2.14 N/A N/A N/A EDGAR INNISS, C.P.P.B. MIAMI-DADE COUNTY GENERAL SERVICES ADMINISTRATION PROCUREMENT MANAGEMENT DIVISION I _ � Printed On Recycied Paper t� 99- 279 METROPOLITAN DADE COUNTY BID NO. 5101-2/02-OTR-CW/SW SECTION 2.0 - SPECIAL CONDITIONS SECURITY AND STORM MITIGATION SYSTEMS (PRE -QUALIFICATION) 2.1 PURPOSE: TO ESTABLISH A CONTRACT FOR THE COUNTY The purpose of this Invitation To Bid is to establish a contract for the purchase of Security and Storm Mitigation Systems in conjunction with the County's needs on an as needed when needed basis. 2.2 Intentionally Omitted 2.3 PRE -BID CONFERENCE (RECOMMENDED) A pre -bid conference will be held on Thursday, June 18, 1998 at 1:00 P.M. in conference room no. 18-3 of the Stephen P. Clark Center, 111 NW 1st Street, Miami, FL 33128 to discuss proposed specifications. It is recommended that a representative of the firm attend in order to become familiar with the bid specifications. Bidders are requested to bring this Invitation To Bid package to the conference, as additional copies may not be available. "Multiple members of individual community councils may be present." 2.4 TERMS OF CONTRACT: TWO YEARS BASED ON -AVAILABILITY OF COUNTY FUNDING This contract will commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, unless otherwise stipulated in the Notice of Award letter, which is distributed by the County's GSA Procurement Management Division; and contingent upon the completion and submittal of all required bid documents. This contract shall remain in effect for two (2) years; provided that the services rendered by the Bidder during the contract period are satisfactory and that County funding is available as appropriated on an annual basis and upon completion of the expressed and/or implied warranty period. The price offered by the Bidder in its Bid Proposal shall be based on service for the first year. Two (2) additional one (1) year renewals, if mutually acceptable to the County and the Bidder, shall be executed through annual purchase orders. 2.5 OPTION TO RENEW (2) TWO YEARS (With Price Adjustment) The prices for a one year period from effective date shall be consistent with the provisions outlined in section 2.7 of these special terms and conditions; at which time Dade County shall have the option to renew for an additional two (2) years on a year to year basis. At that time Dade County will consider an adjustment to price based on (C.P.I. for Miami -Ft. Lauderdale "All Urban Consumers other Goods and Services. It shall be further understood that the County reserves the right to reject any price adjustments submitted by the bidder and/or to terminate the contract with the bidder based on such Page 1 I4. 99- 279 METROPOLITAN DADE COUNTY BID NO. 5101-2/02-OTR-CW/SW price adjustments. Continuation of the contract beyond the initial period is a County prerogative; not a right of the bidder. This prerogative may be exercised only when such continuation is clearly in the best interest of the County. NOTE: SHOULD THE COUNTY EXERCISE THE OPTION TO RENEW, IT SHALL BE ONLY FOR THOSE ITEMS ORIGINALLY AWARDED. NOTE: BIDDERS CAN ONLY EXERCISE THE OPTION TO RENEW PRIVILEGES FOR THOSE ITEMS/S AWARDED TO THEIR FIRM, UNDER THE PRICES SUBMITTED FOR ITEM/S NOT ORIGINALLY AWARDED TO THE BIDDER/S OR, FOR WHICH A "NO BID" WAS RECEIVED, WILL BE REJECTED. ORIGINAL TERMS AND CONDITIONS, DURING THE INITIAL CONTRACT PERIOD. ANY ITEM/S THAT WERE AWARDED TO ANOTHER BIDDER/S, CAN ONLY BE RENEWED BY THE OTHER BIDDER/S. 2.6 METHOD OF AWARD: TO PRE -QUALIFIED BIDDERS WHO WILL BE INVITED TO PARTICIPATE IN SPOT MARKET PURCHASES Award of this contract will be made to all vendors who' meet or exceed the qualification criteria as specified herein. These awarded bidders shall be pre -qualified to participate in spot market purchases. The awarded bidders shall be invited to offer a fixed price for specific projects. The award to one Bidder for the period does not preclude the ability of the remaining pre -qualified Bidders from submitting offers for other specific projects. OTHER REQUIREMENTS FOR PREQUALIFICATIOH ARE: a) That the products proposed have a Miami -Dade County Product Approval Number, issued by the Building Code Compliance Office. b) That the pre -qualified firm has been providing Security and Storm Mitigation Systems for a period of not less than three (3) years. c) That the pre -qualified firm has a fully equipped office/warehouse within the geographic boundaries of Dade and/or Broward with staff and a fax machine, and can be contacted during normal working hours. d) That a principal of the pre -qualified firm is identified as being licensed as a General Contractor, by the Department of Professional Regulations of the State of Florida and/or the Construction Trade Qualifying Board of Metropolitan Dade County Building and Zoning Department. e) That the pre -qualified firm can provide a list of at least five (5) commercial or governmental agencies that it supplied Security and Storm Mitigation protection to, in the last three (3) years. Page 2 V 9 9 - 279 I 1 I z It- METROPOLITAN DADE COUNTY BIU NO. 5101-2/02-OTR-CW/SW 2.7 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT/PROJECT If the bidder is awarded a contract under this bid solicitation, the prices proposed by the bidder shall remain fixed and firm during the term of contract/project. 2.8 Intentionally Omitted 2.9 Intentionally Omitted 2.10 LIQUIDATED DAMAGES FOR INCOMPLETE PROJECTS Upon failure to complete the project in accordance with the specifications and to the satisfaction of the County within the time stated, the bidder shall be subject to charges for liquidated damages in the amount of $50.000 for each and every calendar day the work remains incomplete. As compensation due the County for loss of use and for additional costs incurred by the County due to such noncompletion of the work, the County 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. 2.11 INDEMNIFICATION AND INSURANCE - (6) - CONSTRUCTION RELATED CONTRACTS 1. Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of , relating to or resulting from the performance of this Agreement by the Provider or its employees, agents, servants, partners principals. or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The vendor shall furnish to Bid Section, Metropolitan Dade County, c/o Procurement Management Division, 111 N.W. 1st Street, Suite 2350, Miami, Florida 33128-1989, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. Page 3 99- 279 METROPOLITAN DADE COUNTY BID NO. 5101-2/02-OTR-CW/SW B. Public Liability on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Policy shall be endorsed to include Broad Form Property Damage. Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $100,000 combined single limit per occurrence for bodily injury and property damage. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the vendor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey; or its equivalent subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida", issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: DADE COUNTY BID NUMBER AND TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this Agreement. Issuance of a purchase order is contingent upon the receipt of the insurance documents within fifteen (15) calendar days after Board of County Commission approval. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Invitation To Bid, the Bidder shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. If the Bidder fails to submit the required insurance documents in the manner pre.scribed in this Invitation To Bid within twenty (20) calendar days after Board of County Commission approval, the Bidder shall be in default of the Page 4 99- 2'79 ,.4, METROPOLITAN DADE COUNTY BID NO. 5101-2/02-OTR-CW/SW contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder may be prohibited from submitting future Proposal to the County in accordance with Section 1.0, para 1.6 of the General Terms and Conditions. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option years that may be granted to the Bidder in accordance with Section 2.5 of the Special Conditions. If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the County at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the County shall suspend the contract until such time as the new or renewed certificates are received by the County in the manner prescribed in the Invitation To Bid; provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate this contract for cause and seek re -procurement charges from the Bidder in conjunction with Section 1.10 of the General Terms and Conditions. 2. INDEMNIFICATION AND INSURANCE - (14) - CONTRACTORS RELATED CONTRACTS AT AVIATION Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys! fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of , relating to or resulting from the performance of this Agreement by the Provider or its employees, agents, servants, partners principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The vendor shall furnish to Bid Section, Metropolitan Dade County, c/o Procurement Management Division, 111 N.W. 1st Street, Suite 2350, Miami, Florida 33128-1989, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute Chapter 440. Page 5 9 9 - 279 I t�. METROPOLITAN DADE COUNTY BID NO. 5101-2/02-OTR-CW/SW B. Public Liability on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property, damage. Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $300,000*�/combined single limit for bodily injury and property damage. *Under no circumstances are these .contractors permitted on the A.O.A. side without increasing automobile coverage to $1,000,000. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the vendor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of the County Risk Management Division. or The company must hold' a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida", issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: DADE COUNTY BID NUMBER AND TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. Issuance of a purchase order is contingent upon the receipt of the insurance documents within fifteen (15) calendar days after Board of County Commission approval. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Invitation To Bid, the Bidder shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. If the Bidder fails to submit the required insurance documents in the manner prescribed in Page 6 2-79 r 6 I METROPOLITAN DADE COUNTY BID NO. 5101-2/02-OTR-CW/SW this Invitation To Bid within twenty (20) calendar days after Board of County Commission approval, the Bidder shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder may be prohibited from submitting future Proposal to the County in accordance with Section 1.0, para. 1.5 of the General Terms and Conditions. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option years that may be granted to the Bidder in accordance with Section 2.5 of the Special Conditions. If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the County at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the County shall suspend the contract until such time as the new or renewed certificates are received by the County.in the manner prescribed in the Invitation To Bid; provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate this contract for cause and seek re -procurement charges from the Bidder in conjunction with Section 1.10 of the General Terms and Conditions. 2.12 BID GUARANTY FOR A SPECIFIC AMOUNT (5,000.00) All bids shall be accompanied by a bid guaranty in .the form of a Certified Check, Cashier's Check or Bid Bond in the amount of $5,000.00 payable to the Board of County Commissioners of Dade County, Florida and conditioned upon the successful bidder submitting the specified performance bond within fifteen (15) calendar days following notice of award, in the form and manner required by the County. Any bid proposal which is not accompanied by a bid guaranty shall be considered non -responsive and ineligible for award. In case of failure or refusal to submit the performance bond within the time stated, the security submitted with the bid will be forfeited as liquidated damages because of such failure or default, and the County shall not accept any proposal from the Bidder for a twelve (12) month period following such default. All bidders shall be entitled to the return of their Bid Bond within ten (10) calendar days after execution of a contract between a successful bidder and Dade County. The following specifications shall apply if a Bid Bond is provided: A. All bonds shall be written through surety insurers authorized to do business in the State of Florida as surety, with the following qualifications as to management and financial strength according to the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey: Page 7 99- 2'79 tTI .u- METROPOLITAN DADE COUNTY BID NO. 5101-2/02-OTR-CW/SW Bond Amount Best Ratin 500,001 to 1,500,000 B V 1,500,001 to 2,500,000 A VI 2,500,001 to 5,000,000 A VII 5,000,001 to 10,000,000 A VIII Ovl?x 20,000,000 A IX B. On contract amounts of $500,000 or less, the bond provisions of Section 287.0935, Florida Statutes (1985) shal•1 be in effect and surety companies not otherwise qualifying with this paragraph may optionally qualify by: 1. Providing evidence that the surety has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued; 2. Certifying that the surety is otherwise in compliance with the Florida Insurance Code; and 3. Providing a copy of the currently valid Certificate of Authority issued by the United States Department of the Treasury under ss. 31 U.S.C. 9304-9308. Surety insurers shall be listed in the latest Circular 570 of the U.S. Department of the Treasury entitled "Surety Companies Acceptable on Federal Bonds", published annually. The bond amount shall not exceed the underwriting limitations as shown in this circular. C. For contracts in excess of 500,000 the provisions of Section B will be adhered to plus the company must have been listed for at least three consecutive years, or holding a valid Certificate of Authority of at least 1.5 million dollars and on the Treasury List. D. Surety Bonds guaranteed through U.S. Government Small Business Administration or Contractors Training and Development Inc. will also be acceptable.. E. In lieu of a Bid Bond, an irrevocable letter of credit or a cash bond in the form of a certified cashier's check made out to the Board of County Commissioners will be acceptable. All interest will accrue to Metro Dade County during the life of this contract and as long as the funds are being held by Dade County. F. The attorney -in -fact or other officer who signs a contract bond for a surety company must file with such bond a certified copy of power of attorney authorizing the officer to do so. The contract bond must be counter signed by the surety's resident Florida agent. Page 8 9 9 -- -279 t METROPOLITAN DADE COUNTY BID NO. 5101-2/02-OTR-CW/SW 2.13 PERFORMANCE BOND BASED ON PERCENTAGE OF BID PRICE The bidder to whom a contingent award is made shall duly execute and deliver to the County a Performance and Payment Bond in an amount that represents 100% of the Bid price offered by the Bidder for exact individual Projects in excess of $100,000.00. The Performance and Payment Bond Form supplied by the County shall be the only acceptable form. The completed form shall be delivered to the County within 15 calendar days after notification -by the County . If the bidder fails to deliver the Payment and Performance Bond within this specified time, including granted extensions, the County shall declare the bidder in default of the contractual terms and conditions and its contract terminated. The following specifications shall apply to the bond required above: A. All bonds shall be written through surety insurers authorized to do business in the State of Florida as surety, with the following qualifications as to management and financial strength according to the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey: Bond Amount Best Rating 500,001 to 1,500,000 B V 1,500,001 to 2,500,000 A VI 2,500,001 to 5,000,000 A VII 5,000,001 to 10,000,000 A VIII Over 10,000,000 A IX B. On contract amounts of $500,000 or less, the bond provisions of Section 287.0935, Florida Statutes (1985) shall be in effect and surety companies not otherwise qualifying with this paragraph may optionally qualify by: 1. Providing evidence that the surety has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued; 2. Certifying that the surety is otherwise in compliance with the Florida Insurance Code; and 3. Providing a copy of the currently valid Certificate of Authority issued by the United States Department of the Treasury under ss. 31 U.S.C. 9304-9308. Surety insurers shall be listed in the latest Circular 570 of the U.S. Department of the Treasury entitled " Acceptable Sureties on Federal Bonds", published annually. The bond amount shall not exceed the underwriting limitations as shown in this circular. C. For contracts in excess of 500,000'the provisions of Section B will be adhered to plus the company must have been listed for at Page 9 99- 279 �4- I %I. I METROPOLITAN DADE COUNTY BID NO. 5101-2/02-OTR-CW/SW least three consecutive years, or holding a valid Certificate of Authority of at least 1.5 million dollars and on the Treasury List. D. Surety Bonds guaranteed through U.S. Government Small Business Administration or Contractors Training and Development Inc. will also be acceptable. E. In lieu of a Performance Bond, an irrevocable letter of credit or - a cash bond in the form of a certified cashier's check made out to the Board of County Commissioners will be acceptable. All - interest will accrue to Metro Dade County during the life of this contract and as long as the funds are being held by Dade County. F. The attorney -in -fact or other officer who signs a contract bond for a surety company must file with such bond a certified copy of power of attorney authorizing the officer to do so. The contract bond must be counter signed by the surety's resident Florida agent. 2.14 CERTIFICATE OF COMPETENCY In accordance with the Code of Metropolitan Dade County, Florida, Section 10-3 (B), any person, firm, corporation or joint venture who shall bid or proffer a bid shall, at the time of such bid or proffer of bid, hold a valid Certificate of Competency for General Construction work issued by the State or County Examining Board qualifying said person, firm, corporation or joint venture to perform the work proposed. If work for other trades is required in conjunction with this Bid Solicitation and will be performed by a subcontractor(s), an applicable Certificate of Competency issued to the subcontractor(s) shall be submitted with the Bidder's proposal; provided, however, that the County may at its sole option and in its best interest allow the Bidder to supply the Certificate to the County during the bid evaluation period. 2.15 METHOD OF PAYMENT: PERIODIC PAYMENTS FOR SERVICE RENDERED The County shall provide periodic payments for services rendered by the successful bidder. In order for the County to provide payment, the bidder shall submit a fully documented invoice which identifies the appropriate purchase order number, the service location, and itemizes the services provided to the County using department(s). The invoice shall be submitted to the County department within thirty (30) calendar days after the service have been rendered. It shall be understood that such invoices shall not be.submitted for payment until such time as the service has been completed and a County representative has reviewed and approved the service, 2.16 SHIPPING TERMS: F.O.B. DESTINATION All bidders shall quote prices based on F.O.B. Destination and shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized County representative at . 2.17 Intentionally Omitted Page 10 009— 279 �N METROPOLITAN DADE COUNTY BID NO. 5101-2/02-OTR-CW/SW 2.18 Intentionally Omitted 2.19 WARRANTY SHALL BE TEK YEARS FROM DATE OF _ACCEPTANCE A. Type of Warranty Coverage Required In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of ten (10) year after the date of acceptance of the labor, materials and/or equipment by the County. This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the bidder is under contract with the County at the time of defect. Any payment by the County on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. B. Correcting Defects Covered Under Warranty The bidder shall be responsible for promptly correcting any deficiency, at no cost to the County, within ten (10) days after the County notifies the bidder of such deficiency in writing. If the bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the County may, at its discretion, notify the bidder, -in writing, that the bidder may be debarred as a County bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the County within thirty (30) calendar days of receipt of the notice. If the bidder fails to satisfy the warranty within the period specified in the notice, the County may (a) place the bidder in default of its contract, and/or (b) procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the County for this work or items; either through a credit memorandum or through invoicing. 2.20 CONTACT PERSONS For any additional information regarding the specifications and requirements of this contract, Contact: Edgar Inniss at (305) 375-4260. 2.21 COUNTY-WIDE/STATE-WIDE USAGE Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all items specified herein from the successful bidder(s) at the contract price(s) established herein. Each Governmental, not -for -profit or quasi -governmental entity which uses a contract(s) resulting herefrom, will establish its own contract, place its own orders, issue its own purchase orders, be invoiced therefrom and make its own payments, determine shipping terms and issue its own exemption certificates as required by the bidder. Page 11 99-- .2'79 N I s AWARD UNDER MIAMI-DADE COUNTY CONTRACT NO. 5 10 1 -2/02-OTR-CW-SW j1_*yV DEPARTMENT: TYPE OF PURCHASE: Hurricane Shutters and Storm Mitigation Systems Fire -Rescue On an as -needed contract basis until December 31, 2000 REASON: As a result of the damages suffered from Hurricane Andrew, the City received approval from FEMA and the State of Florida to embark upon hurricane mitigation and other preparedness activities. RECOMMENDATION: It is recommended that award be made to Sea View Industries, Inc., Jeff Robinson Shutter Company, Inc., Hurst Awning Company, Inc., and Rolladen, Inc., under existing Miami -Dade County Contract No. 5101-2/02-OTR-CW-SW, at a total cost not to exceed $361,333. Judy Ca Director of Purchasing Dat Award Under Dade County Contracts 99- 279