HomeMy WebLinkAboutR-98-0415J-98-452
4/21 /98
RESOLUTION NO. 98- 415
A RESOLUTION APPROVING THE PROCUREMENT OF
SWIMMING POOL REPAIRS FROM L.A.W.
CONSTRUCTION, INC., ON AN AS -NEEDED CONTRACT
BASIS, UNDER MIAMI-DADE CONTRACT NO. 3037-0/97
"CONCRETE RESTORATION", FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION, AT A TOTAL
COST NOT TO EXCEED $29,000; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION'S FY '98 BUDGET,
ACCOUNT CODE NO. 504000.420119.6.670; FURTHER
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID REPAIRS.
WHEREAS, the Departments of Parks and Recreation, and General Services
Administration are working together to ensure that all ten City operated swimming
pools are opened for the 1998 summer season; and
WHEREAS, It has been determined that specialized concrete restoration work
is required; and
WHEREAS, the acceptance of this contract shall enable the General Services
Administration Department to complete the necessary repairs in a timely fashion;
and
Eel 0• 11:. •;,
c •
APR 2 8 1998
Resolution No.
98- 415
WHEREAS, funds are available from the General Services Administration,
Department's FY `98 Budget, Account Code No. 504000.420119.6.670; and
WHEREAS, the City Manager and the Director of General Services
Administration recommend the award of said contract to L.A.W. Construction, Inc.,
under Miami -Dade County Contract No. 3037-0/97, at a total cost not to exceed
$29,000, be approved,
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 procurement of swimming pool repair from L.A.W.
Construction, Inc., on an as -needed contract basis, under Miami -Dade County
Contract No. 3037-0/97, "Concrete Restoration", for the Department of General
Services Administration, at a total cost not to exceed $29,000, is hereby approved,
with funds therefor hereby allocated from Account Code No. 504000.420119.6.670.
Section 3. The City Manager is hereby authorized to instruct the Chief
Procurement Officer to issue a purchase order for said services.
2 98- 415
Section 4. This Resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 28th day of April , 1998.
JOE CAROLLO, MAYOR
Inwcordance with Miami Code Sec. 2-36, since the Mayor did not indicate approv^l of
ft legislation by signing it in the designated place m provided, a a of Commissic�n�eci:^n
mimes effective with the elapse otxw
regarding same, without the Mayorifter
ATTEST: J o man, City Clerk
WALTER J. FOEMAN
CITY CLERK
BUDGETARY EVIEW:
DIPAK M. PAR KH, DIRECTOR
OFFICE OF BUDGET AND MANAGEMENT ANALYSIS
PREPARED AND APPROVED BY: APPRO D T F M AND
CO ECT S
RAFA L . D AZ J 0
DEPUTY CITY ATTO Y AT RNEY
W2506:CSK
3 98- 415
CITY OF MIAMI, FLORIDA CA=12
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and DATE: April 28, 1998 FILE
Members of the City Commission
SUBJECT: Resolution Authorizing
Contract for Repair of
City Swimming Pools
FROM: Jose Garcia -Pedrosa REFERENCES:
City Manager ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission. adopt the attached
Resolution authorizing a contract award utilizing an existing Miami -Dade County Contract
No. 3037-0/97 "Concrete Restoration", for repair of city swimming pools. Contract award
to L.A.W. Construction, Inc., a Black minority owned/Miami-Dade County vendor, located
at 9507 N.W. 160th Street, Miami, Florida 33157. Further, authorizing an award on an as
needed contract basis, in an amount not to exceed $29,000. Funds are available in the
Department of General Services Administration, Building Maintenance Division's, FY '98
Budget, Account Code No. 504000.420119.6.670.
BACKGROUND:
The Departments of Parks and Recreation, and General Services Administration
are working together to ensure that all ten (10) City operated swimming pools are opened
for the 1998 Summer season. This contract shall enable specialized repairs to be
completed in a timely fashion. Currently, needs for these services have been identified for
seven of our swimming pool facilities. Additional services would be provided on an as
needed basis. It is projected that a savings in the Parks and Recreation Department's
water utility bills shall be realized after the repairs are completed.
JGP:JP:JAP:eh W_
c: Alberto Ruder, Director
Parks & Recreation Department
Juan Pascual, Director
Department of General Services Administration
GSA/MePools.doc
98- 41b
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Jose Garcia -Pedrosa
City Manager
FR an Pascual, Director
Department of General Services Administration
DATE : April 17, 1998 FILE
SUBJECT: Contract for Repair
of City Swimming Pools
REFERENCES:
ENCLOSURES:
The Department of General Services Administration has verified with the Office of
Budget and Management Analysis that funds are available from the Building Maintenance
Division's, FY `98 Budget, Account No. 504000.420119.6.670, in an amount not to exceed
$29,000.
BTETARY.REVIEW
AND APPROVED BY:
.� DiI3 Parekh, Director
Office of Budget and Management Analysis
JGP:JP:JAP:eh
c: Alberto Ruder, Director
Department of Parks and Recreation
GSA/MePools2.doc
Date: 4, (/7
.APR-15-99 11:04 PM
CONSTRUCTION INC.
GENERAL CONTRACTORS
April IOth. 1998
City of Miami
Parks and Recreation Department
RE: 1998 Pool Repairs
Attn;: Victor Cornier
Dear Sir,
The following is acost breakdown for repair work requested by you for the
above mentioned project. This proposal is within compliance of unk prices. fnr GSA
contract bid Number 3037-0/97-Cw
Y,
Bennett. Estimator.
CGC #I 0066588
Y507 S w. 160 5% - S4,1TE 220 - Miuwi, Floai& 331 5/ - (305) 254-1157•1 • F"; (305) 254-9 ,82
9$ 415
OPR-15-98 11:05 PM
IL CONSTRUCTION INC.
A ERAL CONTRACTORS
tv , RACTORS
(1) Plaster 4"x 60" reveal.
(2) replace 40 if of 6"•6" tiles.
(3) Fabricate and install 6 galvanized steel bolt to attach dive board to slab
(4) Replace 6 damaged tiles (letters).
(5) Replace (2) the for smaller pool
(6) Replace 10. 6"x6" glass blocks at exterior wall.
' Debris removal
Sob Total S2,000.00
RANGE
r
(1) install I81f of 1 "xl" tile(bullnose)
(2).Rcmove and replace 851f of coping at pool area
(3) Seal around coping 601f
(4) Replace 851f of 6"x6" tiles.
(5) Repair ceiling at bath stalls.
(6) Plaster window Ledge 6"x 4" a@ 201f.
Sob Total
GIMON
P.03
I'(I
I
I'
i
S7,S22.60
i
(1) Install access ramp 6" thick, 5' wide, 25' long at front entrance to pool
(2) Prepare and install 1001f. of cracks in pool deck for Sika epoxy
(3) Replace 61f. of 6"x 6" the with stucco.
(4) Repair 2'x3' of curbing install new or comparable tiles.
Sub Total $4,500.00
CURTIS POOL
(1) Remove and replace damage tiles
(2) Remove and replace damage coping
(3) Fix deck cracks
(4) Provide and install plaster wirelbonding as necessary
Sub Total
R'ILMMS
(I) Repair 200sgft of pool deck.
(2) Plaster with Silva Product.
(3) InstalI finish edge around pool.
' Debris removal.
S1,104.00
CCC n 0066586
9507 SN4. 160 Si • Suit( 220 • Mi+Mi, FlunidA 3! 157 . (305) 254-957,1 • Fax; (501) 2i4-9582
98-
4i5
APR—t5-98 11:05 PM
P.II04
�I
CONSTRUCTION INC.
GENERAL
April 10, 1998
JOSE MARV PARK
CONTRACTORS
(1) Grout and stucco sealant from underside of coping.install 241f of Sika epoxy sealant
16 Hrs @ 41.5
(2) Replace mosaic tiles at pool area ( Ix 1 )
(3) Replace chipped tiles (not mosaic )
(4) Install 3/4" thick, 2" wide, 6' long, masonary strip at front entrance
(5) Remove 10 damaged tiles and replace.
(6) Repair deck crack.
(5) Repair approx 29 sf of deck.
' Dump debris / clean-up
Sub Total S3,479.60
SHENANDOAH
(1) Remove and replace coping approx. 300If.
(2) Remove and replace tiles - provide and install, grout as nw4ssa y
(3) Repair 3'x 3' ft sections of curb - provide and install.
(4) Repair wall - ---- is approx. 10" deep and about 4' x 4' wide. Repair - match existing
stucco on concrete masonry unit.
Sub Total $2,118.00
YARRIC�C
(1) Replace ten tiles - remove residue, old tiles provide tiks and grout install
(2) Patch side of pool/ skirting full length on north, west side and 50% of cast side.
2301f.
Sub Total $6,003.00
NEST END
(1) Provide & install 3 the caps at deck area
(2) Provide & install approx. 20 tiles inside pool area at radiusgrout as necessary.
(3) Fix behind dive board and where dive board is mounted to concrete. Remove board
and repair.
(4) Remove loose coping on cast, north, west and south side.
(5) Provide and install 2 exterior tiles at front entrance prep before installing tiles.
Sub Total S3,210.00
CGC 0 0066581E
9507 S.V., 160 Sr. S01t 220 MiaMi. Flonida 331 57 0 (305) 2i4-9514 fax: (305) 25-1-9582
98- 41�
AWARD UNDER MIAMI-DADE COUNTY
ITEM:
DEPARTMENT:
TYPE OF PURCHASE:
REASON:
RECOMMENDATION:
CONTRACT NO. 30 3 7-0/9 7
Swimming Pool Repairs
GSA
On an as -needed contract basis until July 31, 1998
To enable specialized repairs of swimming pools at various
City facilities for the,1998 Summer season.
It is recommended that award be made .to . L.A.W.
Construction Inc., a Black/Mlaml-Dade County vendor,
under an existing Miami -Dade County Contract No. 3037-
0/97 "Concrete Restoration", at a total proposed amount
not to exceed $29,000.00; Allocating funds from the
Department of General Services Administration, Account
Code No. 504000.420119.6.670.
Award Under Dade County Contracts
9 8 - 410"
AWARD SHEET
ADDENDUM NO.
f0: ALL OEPARTMENTS DATE: March 19, 1998
FROM: MIAMI-OAOE COUNTY
GSA/PROCUREMENT MGMT. OIV.
SUBJECT: 810 NO. 3037-0/97
TITLE: CONCRETE RESTORATION (CTA).
Please note the following change(s):
Contract term is extended from April 1, 1998 thru July 31, 1998.
Approved by Bids and Contracts on March 18, 1998.
ALL ELSE REMAINS THE SAME
cc: Aviation
Corrections and Reh.
Finance
GSA/Fac. Mai Tit.
MOHA
MOWASO
Park and Rec.
Seaport
Team 1
Bid File
SENIOR PROCUREMENT AGENT: ED MASON, CPPB
GSA PROCUREMENT MANAGEMENT DIVISION 1
EM/ 1 f
VC-
SRUCTIONINC.E v E R L C O N T R A C T O R S REWENiIAI • COMMERcIAI • INOUSIttul
CGU 00665,58
9507 S.w. 160 ST., SUITE 220
i --/ MIAMI, FL. 3 3 1 5 7
► ANSfL BENNETT rd: (505) 254,9574
F,11MA111RA110 71:11111v1,/Nt
I1I„1 366.05-11 Fta: ()05) 254.9582
98- 4i5
C O N T R A C T A W A R D S H E E T
BID NO.: 3037-0/97-CW (Previous Bid No. 3037-6/92-2)
CONCRETE RESTORATION (GUNITING, PRESSURE GROUTING, ETC.)
CONTRACT PERIOD: 5/1/95 thru 4/30/97
COMMODITY CODE: 909-24/910-51/925-19 OTR YEARS: N/A
PART #1: VENDORS
AWARDED
F.E.I.N.:
65-0451892
�a
VENDOR:
L.A.W. Construction
x=..
STREET:
9507 N.W. 160th Street
;7'
CITY/STATE/ZIP:
Miami, Florida 33157
0
F.O.B. TERMS:
N/A
PAYMENT TERMS:
Net 30 Days
-
DELIVERY:
As Quoted
PHONE:
(305) 254-9574
FAX:
(305) 254-9582
r
CONTACT PERSON: L.A. Wary
PART #2: ITEMS AWARDED
PART #3: AWARD INFORMATION
(X)BCC ( )PMD AWARD DATE: 2/7/95
BIDS & CONTRACTS RELEASE DATE: 3/6/95
ADDITIONAL ITEMS ALLOWED: See Attached
SPECIAL CONDITIONS: See Attached
TOTAL CONTRACT VALUE: $960,000.00
USER DEPARTMENT
Aviation
Corrections
DDFM
HUD
Park & Recreation
Seaport
WASAD
AGENDA ITEMS #: 3E(2)(K)
OTR YEAR: N/A
MODIFIED CONTRACT VALUE: N/A
DOLLAR AMOUNT
ALLOCATED
$240,000.00
$10,000.00
$300,000.00
$40,000.00
$300,000.00
$50,000.00
$20,000.00
PROCUREMENT SPECIFICATION SPECIALIST: Edward Mason, CPPB
EM/rl 03-07-95
98- 4i5
BID PROPOSAL FOR:
FIRM NAME: L.A.W. Construction, Inc.
Item Description Unit Price
1. SANDBLASTING - TWO (2) MEN CREW
One (1) skilled Mechanic/Nozzleman.
One (1) skilled Laborer/Equipment Operator.
Rateper Crew .......................................
(includes all materials)
2. SANDBLASTING - FOUR (4) MEN CREW
Two (2) skilled Mechanic/Nozzlemen.
One (1) skilled Laborer/Equipment Operator.
One (1) unskilled Laborerq
Rate per Crew .......................................
(includes all materials)
3. SANDBLASTING - PER SQUARE FOOT
(Prices based on a minimum of 850 sq. ft. of work
done in one particular area)
$ 64.50 Hour
$ 94.80 Hour
A. Swimming Pools.. .............................. $ 0.85 Sq. Ft.
B. Concrete Slabs .................................. $ 0.76 Sq. Ft.
C. Vertical Surfaces (Bldgs., Walls, etc.).........
4. GUNITE - THREE/FOUR (3-4) MEN CREW
One/Two (1-2) skilled Mechanics/Nozzlemen and Finisher.
One (1) skilled Laborer.
One (1) unskilled Laborer.
Rate per Crew .......................................
(includes all materials)
5. GUNITE - FIVE/SIX (5-6) MEN CREW
Two (2) skilled Mechanics/Nozzlemen and Finisher.
One (1) skilled Laborer/Equipment Operator.
One/Two (1-2) unskilled Laborers.
Rate per Crew .......................................
(includes all materials)
$ 0.78 Sq. Ft.
$ 50.25 Hour
$ 275.00 Hour
98-. 41"
B I D P R O P O S A L F O
R
FIRM NAME:
L.A.W. Construction, Inc.
-------------------------------------
Item
Description
Unit Price
6. GUNITE - PER SQUARE FOOT, LINEAR FOOT
A.
Overhead Slab ...................................
$
25.50
Per Sq. Ft.
Finished
$
18.25
Per Sq. Ft.
Unfinished
B.
Grade Beam ...................................
$
74.10
Per Sq. Ft.
Finished
$
66.70
Per Sq. Ft.
Unfinished
C.
Tie Beams ...................................
$
66.70
Per Sq. Ft.
Finished
$
59.20
Per Sq. Ft.
Unfinished
D.
Precast Rib Joist ...............................
$
49.00
Per Sq. Ft.
Finished
$
41.50
Per Sq. Ft.
-Unfinished
E.
Columns .........................................
$
59.30
Per Sq. Ft.
Finished
$
52.00
Per Sq. Ft.
Unfinished
F.
2" Liner .........................................
$
5.50
Per Sq. Ft.
Finished
$
5.20
Per Sq. Ft.
Unfinished
9 8 - 4 5
B I D P R O P O S A L F 0 R:
FIRM NAME: L.A.W._ Construction, Inc.
---------------------------------------------------------
_________________
Item Description Unit Price
7. PRESSURE GROUT - THREE (3) MEN CREW
One (1) skilled Mechanic/Pipe Operator.
One (1) skilled Laborer/Equipment Operator.
One (1) unskilled Laborer.
Rate per Crew ....................................... $ 4.38 Cu. Yd.
(includes all materials)
8. PRESSURE GROUT - THREE (3) MEN CREW
One (1) skilled Mechanic/Pipe Operator.
One (1) skilled Laborer/Equipment Operator.
One (1) unskilled Laborer.
Rate per Crew ....................................... $ 50.40 Hour
(does not include materials)
9. EPDXY - TWO (2) MEN CREW: (UNDER 40 LINEAR FEET OF CRACKS)
One (1) skilled Mechanic/Pump Operator.
One (1) skilled Laborer/Prep Man.
Rate per Crew ....................................... $ 34.20 Hour
(does not include materials)
10. EPDXY - TWO (2) MEN CREW: (OVER 40 LINEAR FEET OF CRACKS)
One (1) skilled Mechanic/Pump Operator.
One (1) skilled Laborer/Prep Man.
Rate per Crew ....................................... $ 26.10 L/F
(does not include materials)
11. CHEMICAL GROUT - TWO (2) MEN CREW: (UNDER 40 LINEAR FEET OF CRACKS)
Two (2) skilled Mechanics/Pump Operators
Rate per Crew ....................................... $ 41.70 Hour
(does not include materials)
98- 4-10
BID PROPOSAL FOR:
FIRM NAME: L.A.W. Construction, Inc.
Item Description Unit Price
12. CHEMICAL GROUT - TWO (2) MEN CREW: (OVER 40 LINEAR FEET OF CRACKS)
Two (2) skilled Mechanics/Pump Operators.
Rate per Crew ....................................... $ 41.40 Hour
(plus one (1) hour travel time each day
on the job and does not include materials)
13. SMALL MARCITE (POOL PATCH) - TWO (2) MEN CREW
One (1) skilled Mechanic/Applicator.
One (1) skilled Laborer/Mixer.
Rate ner Crew ....................................... $ 37.80 Hour
(does not include materials)
14. EXPANSION JOINTS
A. Expansion Joints (up to 1" in width) installed..
$
3.30
L/F
B. Repair (spalled) Concrete - Slab Edges..........
$
1.80
L/F
C. Saw Cutting .....................................
$
0.90
L/F
D. Filling Slab Edges._ ............................
$
1.50
L/F
17. WATERPROOF MEMBRANES - PER HOUR
(For less than 310 sq. ft. of surface area for
Membrane installation)
A. Install Waterproof Membranes ....................
$
32.40
Hour
(does not include materials)
B. Install Waterproof Membranes ....................
$
34.20
Hour
(inside planter areas)
(does not include materials)
18. WATERPROOF MEMBRANES - PER SQUARE FOOT
A. Install Waterproof Membranes ....................
$
0.58
Sq. Ft.
(minimum 310 sq. ft. of surface area for
Membrane installation)
B. Install Waterproof Membranes ....................
$
0.78
Sq. Ft.
(inside planter areas)
(minimum 310 sq. ft. of surface area for
Membrane installation)
98- 4110'
B I D P R O P O S A L F O R
FIRM NAME: L.A.W. Construction, Inc.
---------------------------------------- -------------------------
-----------------------------
Item Description Unit Price
17. MORTAR POINT-- TWO (2) MAN CREW
Two (2) skilled Mechanics/Mixers
Rate per Crew (under 200 linear feet) ............... $ 34.20 L/F
(does not include materials)
Rate per Crew (over 200 linear feet) ................ $ 33.00 L/F
(does not include materials)
Cost of Materials
Cost of materials shall be at Contractors cost plus 20 % mark-up.
Mark-up shall not exceed 20%.
OPTION:
Unusual Equipment
Contractors rental cost plus 20 % mark-up.
Mark-up shall not exceed 20%.
98- 4i
METROPOLITAN DADE -gUNTY BID NO. 3037-0/97-CW
SECTION 2.0 SPECIAL CONDITIONS
CONCRETE RESTORATION SERVICES
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 Concrete Restoration Services in conjunction with the
County's needs on an as needed when needed basis.
2.2 RACE CONSCIOUS MEASURES: SET -ASIDE PROVISIONS
This contract is Set -Aside for competitive bidding among CERTIFIED
Black -owned Vendor and Sub -vendor firms ONLY. All bidders are
required to submit with their bid proposal an Affirmation of
Certification. The successful bidder(s) are required to submit
Monthly Black Vendor/Sub-vendor Utilization Reports on the forms
provide in this set -aside provision throughout the contract period.
As used herein, the term "Black General Contractors" shall mean all
certified Black Contractors whose license(s) permit them to perform
Concrete Restoration work and who do such work either with their own
employees or through subcontracts with other certified Black
Contractors.
For certification, Vendor must contact Helen Sheffield at (305)
375-4132.
2.3 Intentionally Omitted
2.4 TERM OF CONTRACT: TWENTY-FOUR (24) MONTHS
This contract shall commence on the first calendar day of the month
succeeding approval of the contract by the Board of County
Commissioners unless otherwise stipulated in the Notice of Award
Letter which is distributed by the County's GSA Procurement Management
Division. The contract shall remain in effect for twenty-four (24)
months.
2.5 Intentionally Omitted
2.6 METHOD OF AWARD: To Three (3) Bidders In The Aggregate
Award of this contract will be made to three (3) responsive,
responsible bidders who bid on all items and whose bids offer the
lowest price when all items are added in the aggregate (excluding
material percentage mark-up and options). If bidder fails to bid on
all items its bid shall be declared non -responsive. While the award
will be made to multiple Bidders in the aggregate to assure
availability, the lowest Bidder will be given the first opportunity to
perform under the Terms and Conditions of the Contract where the job
classification is priced by Linear Feet, Square Feet or Cubic Yard.
When hourly labor rate projects are identified, the awarded bidders
shall be invited to review the written specifications regarding the
work to be accomplished, inspect the work area, and offer an itemized
Page 1 rW
98- Ua
METROPOLITAN DADE " 'NTY
BID NO. 3037-0/97-CW
price based on the quoted hourly labor
materials if specified, to the County. Tf
fixed price shall be awarded the specific
of a specific work assignment to one (1)
ability of the remaining awarded Bidders
other work assignments.
rate, including the cost of
le Bidder offering the lowest
work assignment. The award
Bidder does not preclude the
from submitting offers for
All awarded bidders shall be notified of the specific time, date and
location to review specifications and inspection of the project site,
prior to the submittal of the project quote. Bidders that fail to
attend this meeting within fifteen (15) minutes of the scheduled
starting time, shall not be permitted to participate in the quoting of
the project.
2.7 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT
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; provided, however, that the bidder may offer
incentive discounts from this fixed price to the County at any time
during the contractual, term.
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 li.quidated damages
in the amount of $50.00 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 - (A3) - CONSTRUCTION RELATED WOR'- AT
AVIATION
The successful bidder/vendor shall indemnify and save the County
harmless from any and all claims, liability, losses and causes of
action which may arise out of the fulfillment of the Agreement. The
vendor shall pay all claims and losses of any nature whatever in
connection therewith, and shall defend all suits, in the name of the
County when applicable, and shall pay all costs and judgments which
may issue thereon.
The vendor shall furnish to Bid Section, Metropolitan Dade County, c/o
Procuremen-L Management Division, III 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:
Page C
98- 415
METROPOLITAN DADF IUNTY --BID NO. 3037-0/97-CW
A. Workmen's Compensation Insurance for all employees of the vendor
as required by Florida Statute 440.
B. Public Liability Insurance on a Comprehensive basis including
Broad From Property Damage Coverage in a amount not less than
$500,000 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 $1,000,000 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.
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
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METROPOLITAN DADE 'LINTY
=-BID NO. 3037-0/97-CW
submit the required insurance documents in the manner prescribed in
this Invitation To Bid within twenty (20) calendar days after Board of
County Commission approval, the Bidder shall be in default of the
contractual terms and conditions and shall not be awarded the
contract. Under such circumstances, the Bidder may be prohibited from
submitting future Proposal to the County in accordance with Section
1.0, para. 1.6D-.of the General Terms and Conditions.
The Bidder shall be responsible for assuring that the insurance
certificates required in conjunction with this Section remain in force
for the duration of the contractual period; including any and all
option years that may be granted to the Bidder in accordance with
Section 2.5 of the Special Conditions. If insurance certificates are
scheduled to expire during the contractual period, the Bidder shall be
responsible for submitting new or renewed insurance certificates to
the County at a minimum of thirty (30) calendar days in advance of
such expiration. In the event that expired certificates are not
replaced with new or renewed certificates which cover the contractual
period, the County shall suspend the contract until such time as the
new or renewed certificates are received by the County in the manner
prescribed in the Invitation To Bid; provided,- however, that this
suspended period does not exceed thirty (30) calendar days. If such
suspension exceeds thirty (30) calendar days, the County may, at its
sole discretion, terminate this contract for cause and seek
re -procurement charges from the Bidder in conjunction with Section
1.0, para. 1.8H of the General Terms and Conditions.
2.12 Intentionally Omitted
2.13 Intentionally Omitted
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 Contractor,
Pneumatic Concrete or Pressure Grouting 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
required in conjunction with this Bid Solicitation 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
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METROPOLITAN DADF IUNTY _ BID NO. 3037-0/97-CW
such time as the service has been completed and a County
representative has reviewed and approved the service.
2.16 Intentionally Omitted
2.17 Intentionally Omitted
2.18 Intentionally Omitted
2.19 WARRANTY SHALL BE ONE YEAR FROM DATE OF ACCEPTANCE
A. Type of Warranty Coverage Required
In addition to all other warranties that may be supplied by the
bidder, the bidder shall warrant its products and/or service
against faulty labor and/or defective material for a minimum
period of one (1) year after the date of acceptance of the labor,
materials -and/or equipment by the County. This warranty
requirement shall remain in force for the full one (1) year
period;. regardless of whether the bidder is under contract with
the County at the time of defect. Any payment by the County on
behalf of the goods or services received from the bidder does not
constitute a waiver of these warranty provisions.
B. Correcting Defects Covered Under Warranty
The bidder shall be responsible for promptly correcting any
deficiency, at no cost to the County, within ten (10) calendar
days after the County notifies the bidder of such deficiency in
writing. If the bidder fails to honor the warranty and/or fails
to correct or replace the defective work or items within the
period specified, the County may, at its discretion, notify the
bidder, in writing, that the bidder may be debarred as a County
bidder and/or �subject to contractual default if the corrections or
replacements are not completed to the satisfaction of the County
within twenty (20) 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: Edward Mason at (305) 375-3900.
2.21 LOCAL PREFERENC
The award of this contract is subject to Ordinance No. 94-166 amending
the code of Metropolitan Dade County, Florida effective September 23,
1994 which, except where federal or state law mandates to the
contrary, allows preference to be given to a local business in the
amount of one and one-half percent (1.5%) of the bid proposal price.
In the case of tie bids involving local businesses, preference will be
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given to the local business having the greatest percentage of its
employees that are Dade County residents.
For the purposes of the applicability of this ordinance, "local
business" means the vendor has its headquarters located in Dade County
or has a place of business located in Dade County at which it will
produce the goods or perform the services to be purchased.
2.22 QUARTERLY REPORTING, WHEN SUB -CONTRACTORS ARE UTILIZED:
Bidders are advised that when sub -contractors are utilized to fulfill
the terms and conditions of this contract, Metropolitan Dade County
Resolution No. 1634-93 will apply to this contract. This resolution
requires the successful contractor(s) to file quarterly reports as to
the amount of contract monies received from the county and the amounts
thereof that have been paid by the contractor directly to Black,
Hispanic and Women -Owned businesses performing part of the contract
work.
Additionally, the listed businesses are required to sign the reports,
verifying their participation in the contract work and their receipt
of such monies.
For purposes of applicability, the requirements of this resolution
shall be in addition to any other reporting requirements required by
law, ordinance or administrative order.
2.23 LOCAL PREFERENCE
The award of this contract is subject to Ordinance No. 94-166 amending
the code of Metropolitan Dade County, Florida effective September 23,
1994 which, except where federal or state law mandates to the
contrary, allows preference to be given to a local business in the
amount of one and one-half percent (1.5%) of the bid proposal price.
In the case of tie bids involving local businesses, preference will be
given to the local business having the greatest percentage of its
employees that are Dade County residents.
For the purposes of the applicability of this ordinance, "local
business" means the vendor has its headquarters located in Dade County
or has a place of business located in Dade County at which it will
produce the goods or perform the services to be purchased.
2.24 AMERICANS WITH DISABILITIES ACT
It shall be the responsibility of the successful Bidder(s) to become
familiar with and comply with the Americans with Disabilities Act�of
1990 and implementing regulations, the Rehabilitation Act of 1973, as
amended, Chapter 553 of Florida Statutes and any and all other local,
State and Federal directives, ordinances, rules, orders and laws
relating to people with disabilities.
2.25 ACCIDENT PREVENTION AND BARRICADES:
Precautions shall be exercised at all times for the protection of
_ persons and property. All Contractors and Sub -Contractors shall
conform to all OSHA, State and County regulations while performing
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METROPOLITAN DADE 'LINTY
--BID NO. 3037-0/97-CW
under the Terms and Conditions of this contract. Any fines levied by
the above mentioned authorities because of inadequacies to comply with
these requirements shall be borne solely by the bidder responsible for
same. Barricades shall be provided by the bidder when work is
performed in areas traversed by persons, or when deemed necessary by
the County Project Manager.
ACCIDENT PREVENTION AND REGULATIONS AT THE SEAPORT DEPARTMENT
All operations at the County's Seaport Department are under the direct
control of Seaport Department personnel. Interference with vessels
and vehicular traffic must be kept to a minimum. Ship berthing areas
and roadways shall not be closed or opened by or for the Bidder unless
express permission is given to the Bidder by the Seaport Engineer.
The Bidder shall plan the scheduling of its work in collaboration with
the Engineer in order to insure safety for and, minimum hindrance to,
port operations. All equipment shall be withdrawn from work areas at
the end of the work day in order to eliminate immediate or potential
hazard to traffic and facilities. Materials stored at the Seaport
by the Bidder shall be serviced in a manner that minimizes any
obstruction to water and ground traffic. All equipment and stored
materials shall be marked by barriers with flashing lights at no
additional cost to the County. The Bidder shall exercise careful
control during all phases of the work to prevent damage to Seaport
utilities; including, but not limited to, overhead lights and buried
cables. Before commencing work in any given area, the Bidder, working
in conjunction with the Engineer and the Dade County Seaport
Department Maintenance Staff, shall endeavor to locate any possible
utility conflicts. Should the Bidder damage any Seaport utility
through negligence, it shall promptly repair the damage at its own
expense.
2.26 BASIC WORK UNIT:
The basic work unit to be provided by the successful bidder shall be
determined by the County Project Manager or his/her designee prior to
start of the project as to classifications and number of personnel
needed, and as to the scope and size of the project.
2.27 CLEAN-UP:
All unusable materials and debris shall be removed from the premises.
At completion, the successful bidder shall thoroughly clean up all
areas where work has been involved as mutually agreed with the
Department Project Manager.
2.28 COUNTY WIDE:
Any Governmental Unit in Dade County, 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.
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METROPOLITAN DADE INTY
BID NO. 3037-0/97-CW
It is understood and agreed that Dade County is not a legally binding
party to any contractual agreement made between any governmental unit
and the bidder as a result of this bid.
2.29 EMPLOYEES ARE RESPONSIBILITY OF BIDDER:
All employees of the bidder shall be considered to be, at all times,
the sole employees of the bidder under its sole direction and not an
employee or agent of Dade County. The bidder shall supply competent
and physically capable employees. Dade County may require the bidder
to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Dade County
property is not in the. best interest of the County. Each employee
shall have and wear proper identification.
2.30 ESCORT AT AIRCRAFT OPERATING AREA:
When performing work at the County's Aviation Department, the
successful bidder shall report to the Aviation Department's
Maintenance Division Building No. 3025 and be escorted to and from
each area of work that traverses the aircraft operating area. The
Department shall monitor the placement of the bidder's equipment at
each location. Upon completion of the work, the bidder shall call the
Maintenance Office, 876-7311, to arrange for inspection and escort out
of the aircraft operating area. Any violations of this section by the
bidder shall result in immediate cancellation of this Contract.
2.31 ESTIMATED QUANTITIES:
Estimated quantities or estimated dollars are provided for bidder's
guidance only. No guarantee is expressed or implied as to quantities
or dollars that will be used during the contract period. The County
is not obligated to place an order for any given amount subsequent to
the award of this bid. Estimates are based upon the County's actual
needs and usage during a previous contractual period. Said estimates
may be used by the County for purposes of determining the low bidder
meeting specifications. The estimated dollar ,value of this contract
is $960,000.00 for two (2) years.
2.32 FURNISH AND SET IN PLACE REQUIREMENTS
The successful bidder shall be required to furnish the materials or
products identified in these bid specifications as well as to set in
place or install materials or products at the facility designated by
the County. The successful bidder shall also be required to provide
adequate training to County personnel on the appropriate use of the
materials or products if necessary.
2.33 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE BIDDER
Unless otherwise provided in Section 3 of this Solicitation entitled
"Technical Specifications", the Bidder shall furnish all labor,
material and equipment necessary for satisfactory contract
performance. When not specifically identified in the technical
specifications, such materials and equipment shall be of a suitable
type and grade for the purpose. All material, workmanship, and
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METROPOLITAN DADE 1UNTY $ID NO. 3037-0/97-CW
equipment shall be subject to the inspection and approval of the
County's Project Manager.
2.34 LICENSES, PERMITS AND FEES:
The bidder shall obtain and pay for all licenses, permits and inspec-
tion fees required for this project; and shall comply with all laws,
ordinances, regulations and building code requirements applicable to
the work contemplated herein. Damages, penalties and or fines imposed
on the County or the bidder for failure to obtain required licenses,
permits or fines shall be borne by the bidder.
2.35 LIMITATION OF CONTRACT SHALL BE $50,000 PER PROJECT
Although the purpose of this Solicitation is to secure a contract that
can satisfy the total needs of the County or of a specific County agen-
cy, it is hereby agreed and understood that this Sol.icitation does not
constitute the exclusive rights of the successful Bidder(s) to receive
all orders that may be generated by the County in conjunction with
this Solicitation. It is hereby agreed and understood that, in _
accordance with Dade County Resolution #120-83, any trades assistance
work project exceeding $50,000.00 must be bid separately and cannot be
incorporated under the terms and conditions of this Solicitation.
2.36 LIMITED CONTRACT EXTENSION
Any specific work assignment which commences prior to the termination
date of this contract and which will extend beyond the termination
date shall, unless terminated by mutual written agreement by both
parties, continue until completion at the same prices, terms and
conditions as set forth herein.
2.37 LOCAL OFFICE SHALL BE AVAILABLE
The Bidder shall maintain an office within the geographic boundaries
of Dade or B.roward Counties, Florida. This office shall be staffed by
a competent company representative who can be contacted during normal
working hours and who is authorized to discuss matters pertaining to
the contract.
2.38 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A WORK ORDER
The Bidder shall neither commence any work nor enter a County work
premise until a Work Order directing the Bidder to proceed with
various items of work has been received from any authorized County
representative; provided however, that such notification shall be
superseded by any emergency work that may be specified in the Special
or Technical Specifications.
2.39 OMISSION FROM THE SPECIFICATIONS:
The apparent silence of this specification and any addendum regarding
any details or the omission from the specification of a detailed
description concerning any point shall be regarded as meaning that
only the best commercial practices are to prevail, and that only
materials and workmanship of first quality are to be used. All
. Page .9 9 8 -
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METROPOLITAN DADE UNTY
BID NO. 3037-0/97-CW
interpretations of this specification shall be made upon the basis of
this agreement.
2.40 PROTECTION OF PROPERTY:
All existing structures, utilities, services, roads, trees, shrubbery,
etc. shall be protected against damage or interrupted services at all
times by the bidder during the term of this contract; and the bidder
shall be held responsible for repairing or replacing property to the
satisfaction of the County which is damaged by reason of the bidder's
operation on the property.
2.41 RELEASE OF CLAIM REQUIRED
Pursuant to Florida Statute 255.05 and Metropolitan Dade County Code
Section 10-35, all payments to the bidder's subcontractors shall be
made within ten (10) days of receipt of the draw by the bidder. With
the exception of the first draw, the bidder must pay all' of its
subcontractors and suppliers who have performed any work or supplied
any materials for the project within ten (10) days after receipt of
the draw by the bidder for monies due it as a result of a percentage
of the work completed. The bidder must provide the County's project
manager with duly executed affidavits (subcontractor's statement of
satisfaction) or releases of claim from all subcontractors and
suppliers who have performed any work or supplied any materials for on
the project as of that date. The affidavit or releases shall certify
that said subcontractors and suppliers have been paid their
proportionate share of all previous draws. In the event such
affidavits cannot be furnished, the bidder may submit an executed
consent of surety to requisition payment; identifying the
subcontractors and suppliers with the amounts for which the statement
of satisfaction cannot be furnished. If the bidder fails to provide a
consent of surety to requisition payment, the amount in dispute will
be withheld until either the statement of satisfaction is furnished,
or the consent of surety to requisition payment is furnished.
2.42 SUB -CONTRACTORS OF WORK SHALL BE IDENTIFIED
IMPORTANT NOTE: THIS REQUIREMENT IS SEPARATE AND INDEPENDENT FROM BBE
REQUIREMENTS AS MAY BE STATED IN PARAGRAPH 2.3 -
As part of its Bid Proposal, the Bidder is required to identify any
and all Subcontractors that will be used in the performance of the
proposed contract, their capabilities and experience, and the portion
of the work to be done by the subcontractor. The competency of the
Subcontractors) with respect to experience, skill, responsibility and
business standing shall be considered by the County when making the
award in the best interest of the County. If the bidder fails to
identify any and all sub -contractors in the Bid Proposal, the bidder
may be allowed to submit this documentation to the County during the
bid evaluation period if such action is in the best interest of the
County.
2.43 SUPERINTENDENT SHALL BE SUPPLIED BY THE BIDDER
The successful Bidder shall employ a competent superintendent who
shall be -in attendance at the project site during the progress of the
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METROPOLITAN DADE C, TY BID NO. 3037-0/97-CW
work. The superintendent shall be the primary representative for the
Bidder and all communications given to and all decisions made by the
superintendent shall be binding to the Bidder. Notwithstanding, the
superintendent shall be considered to be, at all times, an employee of
the Bidder under its sole direction and not an employee or agent of
Dade County.
2.44 WORK ACCEPTANCE:
This project will be inspected by an authorized representative of the
County. This inspection shall be performed to determine acceptance of
work, appropriate invoicing, and warranty conditions.
2.45 WORK ASSIGNMENTS IDENTIFIED BY THE COUNTY:
All work assignments during the contract period will be on an "as
needed" basis, complying with not requirements. Bidder shall
assume no guarantees as to the number or frequency of work assignments
or the amount of payments under the terms of this contract.
Determination of material quantities and/or specifications for each
assignment will be made by the County Department. The County
department will notify the Bidder of each work assignment; at which
time the Bidder and the County Department will mutually agree, in
writing, of the beginning and ending dates of the work assignment.
For each assignment, the Bidder shall be responsible for the proper
and necessary use of the materials in performance of the work.
2.46 UNUSUAL EQUIPMENT
Any rental of unusual equipment necessary for a specific project,
(Scaffolds, Heavy Equipment, etc.) shall be billed to the Using
Department at Contractor's cost plus the percentage mark-up bid. The
Contractor must have prior approval from the Project Manager prior to
renting any necessary equipment.
2.47 HOURLY RATE:
The hourly rate quoted shall include full compensation for labor,
equipment use, travel time, and any other cost to the bidder. This
rate is assumed to be at straight -time for all labor, except as
otherwise noted. The bidder shall comply with minimum wage standards
and any other applicable laws of the State of Florida. If overtime is
allowable under this Bid, it will be covered under a separate item in
the special clauses.
2.48 LABOR AND MATERIAL CHARGES
The awarded bidder shall provide the County with quality labor and
materials on an as needed, when needed basis. Accordingly, the bidder
shall indicate the cost of this labor and materials on its bid
proposal form. The bidder shall not offer an overtime hourly labor
rate that exceeds 1 112 times the value of the regular hourly labor
rate; nor shall the bidder offer a cost of materials that exceeds a
20a mark-up from the bidder's actual cost. If either excesses are
reported on the bidder's proposal, the bid shall be considered
non -responsive and ineligible for award.
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METROPOLITAN DADE CC .'Y -BID NO. 3037-0/97-CW
2.49 LIMITATION OF OPERATIONS:
No work shall be done on Saturday, Sunday or on any days between the
hours of 5:00 P.M. and 7:00 A.M. except when such work is necessary.
When work is necessary to -be done on other than Monday thru Friday
between the hours of 7:00 a.m. and 5:00 p.m., bidders shall given
written quotes for the specific project. These quotes shall be
submitted in a sealed envelope prior to a specific time and date.
2.50 SALES TAX:
Dade County is exempt from all State, Federal and Local Sales Tax.
Not withstanding, bidders should be aware of the fact that any
materials and/or supplies which are purchased by the bidder, in
conjunction with this Contract, may be subject to Sales Tax, in
accordance with Section. 212.08 Florida Statutes amended 1970 and all
amendments, thereto and such taxes shall be borne solely by the
bidder.
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BID NO. 3037-0/97-CW
SECTION 3.0 TECHNICAL SPECIFICATIONS
CONCRETE RESTORATION SERVICES
3.1 SMALL SANDBLAST"CREW
Small Sandblast Crew shall consist of two (2) man crew: One (1)
skilled Mechanic-Nozzleman and one (1) skilled Laborer -Equipment
Operator.
Necessary equipment for this crew shall consist of Sandblast Pots
mounted on back of truck with a 300 C.F.M. Compressor (or larger) and
a 3" Diaphragm Pump (minimum).
Rate of this crew shall be on a per hour basis. Bid price shall
include all materials necessary to do the job plus one (1) hour travel
time each day on the job, unless equipment can be securely stored at
job site. (Scaffolding or the use of a man lift, if necessary, shall
not be included.)
3.2 LARGE SANDBLAST CREW
Large Sandblast Crew shall consist of four (4) man crew: Two (2)
skilled Mechanic-Nozzleman and one (1) skilled Laborer -Equipment
Operator and one (1) unskilled Laborer.
Necessary equipment for this crew shall consist of Sandblast Pots
mounted on back of truck with a 600 C.F.M. Compressor (or larger) and
a 3" Diaphragm Pump.
Rate of this crew shall be on a per hour basis. Bid price shall
include all materials necessary to do the job plus one (1) hour travel
time each day on the job, unless equipment can be securely stored at
job site. (Scaffolding or the use of a man lift, if necessary, shall
not bP included.)
3.3 SANDBLASTING - PER SQUARE FOOT
Contractor shall provide all necessary crew, materials and equipment
necessary to do the job. (Scaffolding or the use of a man lift, if
necessary, shall not be included.)
Prices per square foot shall be based on a minimum of 850 square feet
of work done in one particular area. Any work for less than" the
aforementioned square footage will be based on an hourly rate for the
necessary size crew.
3.4 SMALL GUNITE CREW
Small Gunite Crew shall consist of a three (3) or four (4) man crew:
One (1) or two (2) skilled Mechanics-Nozzleman and a Finisher, one (1)
skilled Laborer -Equipment Operator, one (1) unskilled Laborer.
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METROPOLITAN DADE CL 'Y
BID NO. 3Q37-0/97-CW
3.5
3.6
3.7
W
Necessary equipment for this crew shall consist of:, a truck mounted
Gunite mixer, Gunite Pot (N-0 or N-1), with a 300 C.F.M. Compressor
(or larger), and three (3) to four (4) 13-pound (13#) Chipping Hammers.
Rate of this crew shall be on a per hour basis. Bid price shall
include all materials necessary to do the job plus one (1) hour travel
time each day on the job, unless equipment can be securely stored at
job site.
LARGE GUNITE CREW
Large Gunite Crew shall consist of a five (5) or six (6) man crew:
Two (2) skilled Mechanics-Nozzleman and a Finisher, one (1) skilled
Laborer -Equipment Operator, and one (1) or two (2) unskilled Laborer.
Necessary equipment for this crew shall consist of: a truck mounted
Gunite mixer, Gunite Pot (N-0 or N-1), with a 375 C.F.M. Compressor
(or larger), and five (5) to six (6) 13-pound (13#) Chipping Hammers.
Rate of this crew shall be on a per hour basis. Bid price shall
include all materials necessary to do the job plus one (1) hour travel
time each day on the job, unless equipment can be securely stored at
job site.
GUNITE - PER SOUARE FOOT - PER LINEAR FOOT
Contractor shall provide all necessary crew, materials and equipment
necessary to do the job.
Prices shall be per square foot/linear foot as listed on the bid
proposal.
PRESSURE GROUT CREW - PER CUBIC YARD,
Pressure Grout Crew shall consist of three (3) man crew: One (1)
skilled Mechanic -Pipe Operator, one (1) skilled Laborer -Equipment
Operator and one (1) unskilled Laborer.
Necessary equipment for this crew shall consist of a truck mounted
Grout Mixer and Hydraulic Grout Pump.
Rate for this crew shall be on per cubic yard basis. Bid price shall
include all materials necessary to do the job, including travel time.
PRESSURE GROUT CREW - PER HOUR
Crew shall be the same as of Pressure Grout Crew - per cubic yard.
Equipment shall also be the same as listed for Pressure Grout Crew -
per cubic yard.
Rate for this crew shall be on a per hour basis for labor, equipment
and one (1) hour travel time each day on the job, unless equipment can
be securely stored at job site. Cost for materials shall be added to
the per hour cost.
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METROPOLITAN DADE Cl._.,TY
.BID NO. 3037-0/97-CW
3.9 EPDXY CREW
Epoxy Crew shall consist of two (2) man crew: One (1) skilled
Mechanic -Pump Operator and one (1) skilled Laborer -Prep Man.
Necessary equipment for this crew shall consist of a Injectomatic
Hydraulic Epoxy Pump, Clean out Pump, Heavy duty Industrial Grinder.,
Heavy duty Drill, Portable Air Compressor and Portable Generator, if
necessary.
Rate of this crew (based on there being less than forty (40) -linear
feet of cracks) shall be a per hour basis, plus cost of materials plus
one (1) hour travel time each day on the job, unless equipment can be
securely stored at job site.
If there is more than forty (40) linear feet of cracks, then the rate
shall change from time and materials. to per linear feet price plus
cost of materials.
3.10 CHEMICAL GROUT CREW
Chemical Grout Crew shall consist of two (2) man crew: Two (2)
skilled Mechanics -Pump Operators.
Necessary equipment for this crew shall consist of two (2) Grout Pumps
(one to pump water and the other to pump chemical grout materials),
Heavy duty Industrial Grinder, Heavy duty Drill and a Portable
Generator, if necessary.
Rate of this crew (based on there being less than forty (40) linear
feet of cracks) shall be a per hour basis, plus cost of materials plus
one (1) hour travel time each day on the job, unless equipment can be
securely stored at job site.
If there is more than forty (40) linear feet of cracks, then the rate
shall change from time and materials to per linear feet price plus
cost of materials.
3.11 SMALL MARCITE (POOL PATCH) CREW
Small Marcite (Pool Patch) Crew shall consist of a two (2) man crew:
One (1) skilled Mechanic -Applicator and one (1) skilled Laborer -Mixer.
Necessary equipment shall consist of a Mud Mixer (Gas or Electric),
Sump Pump and Generator, if needed.
Rate for this crew shall be on a per hour basis, plus cost of
materials plus one (1) hour travel time each day on the job, unless
equipment can be securely stored at job site.
3.12 EXPANSION JOINTS
Price shall be per linear
inch (1") in width).
installation includes the
Expansion Joint material.
foot (based on Expansion Joints up to one
This per foot price for Expansion Joint
removal of the existing Backer Rod and
The existing joint shall be prepared for
Page 15 4b �^'
METROPOLITAN DADE CL_..TY BID NO. 3037-0/97-CW
the acceptance of the new joint material by grinding the surface (both
horizontal and vertical) to obtain clean sound concrete in the repair
area.
3.13 WATERPROOF MEMBRANES
Installation of a polyurethane base membrane system would be as
fo llowS.: Pressure clean existing concrete deck surface, detail all
cracks in the slab by grinding :" x :" grove, fill ground out cracks
with polyurethane base sealant, install cant bead of sealant to all
wall and floor intersections as well as around all existing planters.
Apply 171 primer to all surface areas receiving membrane. Apply base
coat (first coat) and then apply finish coat twenty-four (24) hours
later.
Removal of fill and plants and the reinstallation. -upon completion of
membrane work to be done by using Department.
Price per square foot shall be based on a minimum of three hundred and
ten (310) square foot, of surface area for membrane installation.
Areas of lesser amounts will be priced on a per hour basis plus one
(1) hour travel time each day on the job, unless equipment can be
securely stored at job site, plus cost of materials.
3.14 MORTAR POINTING CREW
Mortar Pointing Crew shall consist of a two (2) man crew: Two (2)
skilled Mechanics/Mixer Operators.
Necessary equipment shall consist of a Mixer.
Rate for this crew shall be on a per linear feet price plus cost of
materials.
3.15 MARK-UPS
Cost plus percentage (%) mark-ups shall not exceed twenty (20%)
percent. Contractors exceeding the 20% mark-up will not be considered
for award. Proof of actual cost may be requested at any time by using
Department.
3.16 TRAVEL TIME (MOBILIZATION)
Travel time where applicable shall not exceed one (1) hour per day per
job.
3.17 BREAKDOWNS
When equipment breaks down and the Project Manager determines there is
no more work to be done, charges on equipment/crew charges will cease.
3.18 RESPONSE TIME
Normal response time shall be no more than forty-eight (48) hours.
-- 41
Page 16
METROPOLITAN DADE COUNTY
FLORIDA
Department of Business and Economic Development
BLACK BUSINESS ENTERPRISE PROGRAM
(ORDINANCE 92-45)
BL,NCK BUSINESS ENTERPRISE
PARTICIPATION PROVISIONS
There are four (4) race concious measures: Set -Asides, Goals, BBE Selection
Factor and Bid Preference.
THE RACE CONSCIOUS MEASURE(S) APPLICABLE
TO THIS PROJECT: SET- A SIDE -
Department of Business and Economic Development
111 NW 1st Street, Suite 1710
;tiami, Fiorida 33128-1975
(3C5) 375-4132 Fax 375-4232
AUGUST 1992
98- 415
TABLE OF CONTENTS
Section
Page
A.
Definitions .....................................
2
B.
General Information .............................
6
c.
Certification ...................................
7
D.
Race Conscious Measures .........................
7
1. Set -Aside ...................................
7
2. Goals .......................................
8
3. Bid Preferences ............................
11
4. BBE Selection Factor: ......................
11
E.
Pre-7-ward Compliance .............................
31
1. Investigatory Meeting ....................
11
2. Determination by MDC................ .....
12
3. Informal Bearings by Contracting Officer..
12
4. Consideration of Other Bids ..............
1.2
5. Failure of Bidder -to Participate..........
12
F.
Prompt Payment ...................................
13
G.
Post Award Compliance and Monitoring............
13
1. Approval of Subcontracts .................
13
2. Access to Records ........................
13
3. Monthly Reporting.....0............
14
4. Deviations From the Schedule of
Participation ............................
14
H.
Sanctions for Contractual Violations............
16
I.
Debarment .......................................
17
J.Certification List
_
9s- 4.15
A. DEFINITIONS:
The definitions in this section. apply only to these BBE
Participation Provisions, hereafter referred to as "Provisions".
Note: THESE PROVISIONS ARE IN ADDITION TO FEDERAL REQUIREMENTS
GOVERNING DISADVANTAGED BUSINESS ENTERPRISES.
1. "Approval Letter" means a document issued by DBED at the
request of a BBE or bidder that, based on the written
representations of the BBE or bidder, finds a specified
activity or scope of work consistent with normal industry
practice.
2. "Available" means to have, prior to bid submission, reasonably
estima-ed i-committed capacity sufficient to provide required
goods or. se: -vises; all licenses, certificates, and permits
neccssa y to provide such goods or services, consistent with
normal industry practice; the ability to obtain bonding that
is reasonably required to provide such goods and services
consistent with normal industry practice; and the necessary
experience, organization, technical qualifications, and skill
to reet bid Lpecifications.
3. "Bid" means a quotation, proposal, or offer by any bidder in
response to any kind of invitation to submit such quotation,
proposal, or offer to provide goods or perform services.
4. "Bidder" means any person, partnership, corporation or other
business entity that submits a bid. -
5. "Bid preference" means an amount deducted from the total bid
price in order to calculate the bid price to be used to
evaluate the bid.'
6. "Black" means a person who is a citizen or lawful resident of
the United States and who has origins in any of the Black
racial groups of Africa.
7. "Black Business Enterprise" or "BBE" means a firm that is
owned and controlled by one or more Black individuals, has an
actual place of business in Dade County, and is certified in
accordance with Ordinance 92-45.
8. "BBE selection factor" means an element specified in bid
documents that designates as one criteria for choosing among
bids that the bidder is a non-BBE that demonstrates
significant utilization of BBEs in accordance with Ordinance
92-45, is a BBE or is a joint venture owned and controlled by
a BBE.
9. "Board" means the Metropolitan Dade County Board )f County
2
- 98-- 415
Commissioners, Dade County, Florida.
10 . "Certif ication List" means a list maintained by, the Department
of Business and Economic Development that contains the names,
addresses, and certification expiration date, of certified
Black business enterprises, sorted by trade, service, and/or
commodity.
11. "Commercially useful function^ means contractual
responsibility for the execution of a distinct element of the
work of a contract by a Black business enterprise and the
carrying out of its contractual responsibilities by actually
performing, managing, and supervising the work involved. The
determination of whether an activity is a commercially iz_eful
function shall include the evaluation of the amount of o):k
subcontracted, normal industry practices, and other
factors.
12. "Compliance monitor" means the Director of the Department of
Business and Economic Development or his or her designee
assigned to review compliance pursuant to Ordinance 92-45 Lnz-,d
the administrative Order, entitled "Black Business E�:teri.z: e
Program".
13. "Contracting Officer" means the person assigned under a
contract, usually a Department Director or his or her
designee, who has primary responsibility to monitor the
contract and enforce contract requirements.
14. "County" means Metropolitan Dade County, Florida, a political
subdivision of the State of Florida.
15. "Debar" means to exclude from County contracting and
subcontracting for a specified period of time, not to exceed
three years, a contractor, its individual officers, its
shareholders with significant interests, or its affiliated
businesses.
16. "DBED" means the Metropolitan Dade County Department of
Business and Economic Development.
17. "Employment Data Report" means a document completed by a
subcontracting BBE and submitted monthly by the successful
bidder on a contract with goals providing information
regarding the number and ethnicity of the BBE's employees.
18. "Goal" means a proportion of a total contract value stated as
a percentage to be subcontracted to Black business enterprises
to perform a commercially useful function.
19. "Goods" means any tangible product, material or supply `-`:at is
not a service.
3
98- 41-0
20. "Joint venture" means an association of two or more persons,
partnerships, corporations, other business entities or any
combination of the above, at least one of which is a Black
business enterprise, that is lawfully established to carry on
a single business activity that is limited in scope and
duration.
21. "Joint Venture Agreement" means a document submitted to DBED
by a joint venture that provides information regarding the
nature of the joint venture.
22. "Letter of Intent" means a letter signed by a subcontracting
Black business enterprise detailing the scope and dollar value
of the work to be performed by the Black business enterprise
for the successful bidder on a contract with goals.
23. "TfDC" :Leans ':etropolitan Dade County, Florida.
24. "Owned and controlled" means a business that is at least
fifty-one percent (51%) owned by one or more Black
individuals, or in the case of a publicly owned business, at
least fifty-one percent (51%) of the stock of which is..owned
by one or more Black individuals, and whose management and
daily business operations are controlled by one or more such
individuals.
25. "PMD" means the General Services Administration Procurement
Management Division.
26. "Review Committee" or "RC" means the committee established by
the County Manager to review proposed projects for the
application of race -conscious measures.
27. "Schedule of Participation" means a form contained in the bid
documents of a contract with goals on which -bidders list at
the time of bid submission all Black business enterprises to
be used to meet the goal, the scope of work each will perform,
including the goods or services to be provided, and the dollar
value of such work.
28. "Services" means construction, maintenance, alteration, or
repair of a public improvement and any performance of work
offered for public or private consumption that does not
consist primarily of goods. "Services" does not mean
architectural, engineering, landscape architectural, land
surveying, and other professional services.
29. "Set -aside" means the designation of a given contract for
competition solely among Black business enterprises.
30. "Set -aside List of Subcontractors" means a form contained in
the bid documents of set -aside contr::cts for services
4
98 4ib
identifying the work the bidder will perform with his own
forces and, listing at time of bid submission, all
subcontractors, the scope of work each will perform, including
the services each will provide,. and the dollar value of such
work.
31. "Significant Utilization" means purchases of goods or services
from BBEs by a bidder in the preceding twenty-four (24) months
that:
a. were not required under governmental race -conscious
measures or Minority Business Enterprise Program; and
b, were not a nominal amount relative to the biede::'s
purchases of goods and services in Dade County, t:;e
bidder's overall purchases of goods and services, � nd
availability of BBEs; and'
C. were pursuant to the bidder's systematic efforts to
eliminate discrimination against BBEs in its purcha, es of
goods and services in Dade County.
32. "Successful bidder" means the bidder to which the contiact Js
awarded.
33. "Unavailability Certificate" means a document signed by a )3BE
stating that the BBE is not available to participate on a
specific project at a specific -time.
34. "Utilization Report" means a report completed by the
successful bidder on a contract with goals and submitted
monthly listing all work performed in the past month by the
BBEs identified on- the Schedule of Participation and all
expenditures made in the last month to the identified BBEs.
35. "Work" means the provision of goods or, services, including
construction.
FI
g g - 415
B. GENERAL INFORMATION
The bidder shall fully comply with these BBE -Participation
Provisions which implement Metropolitan Dade County ordinance 92-45
and Administrative order "Black Business Enterprise Program".
Four race -conscious measures are possible under the Black Business
Enterprise Program: set -asides, goals, bid preferences, and BBE
selection factors. The race conscious measures) applicable to
this contract is indicated on the cover sheet of these Provisions.
MDc shall not award a contract to any bidder which it determines
fails to comply with the applicable requirements of these
Provisions.
A certification list is included as an appendix to assist bidder
compliance with any goal established for this project. The
certification list is updated every two (2) weeks. Bidders must
utilize the most current certification list in complying with these
Provisions. A current certification list may be obtained by
contacting the Metropolitan Dade County (MDC) Department of
Business and Economic Development (DBED) at ill N.W. 1st Street,
Suite 1710 or by telephone at (305) 375-4132, facsimile (305) 375-
participates as a BBE.
MDC shall monitor the compliance
requirements of these Provisions
be performed under the contract.
of the successful Bidder with the
during the course of -the work to
Forms necessary for submittal of information pertaining to these
Provisions are included in the appendix. Additional copies may be
obtained by contacting the Compliance Monitor (DBED), at:
Metropolitan Dade County (MDC) Department of Business and Economic
Development (DBED) at 111 N.W. 1st Street, Suite 1710 or by
telephone .at (305) 375-4132, facsimile (305) 375-4,232.
n
y8-
C. CERTIFICATION
1. Attached as an example is a Certification List with a
specified • date . Certification Lists are updated and
issued ,every two weeks. Bidders shall use the most
recent Certification List available prior to bid opening.
Certification lists may be obtained by contacting DBED
at telephone number (305) 375-4132 during normal business
hours.
2. The firms on the Certification List will be identified by
trade, commodity or service area. A BBE must be certified
by trade, commodity, or service area in order to be
eligible to participate as a BBE on contracts in such
trade, commodity or service area. General contractors in
order to -be eligible to participate as a BBE
subcontractor must be certified in the trade, commodity
or service area in which they are to perform work as a
BBE.
3. In order to participate as a BBE on this contract, a BBE
must have a valid certification at the time of bid
submittal, bid award, and throughout the duration of 't-he
contract in which the BBE participates as a BBE.
4. Joint Ventures. only joint ventures approved by DBED are
eligible to participate as joint ventures in the BBE
Program. Joint ventures must be lawfully established. --
The Black member.of the joint venture must be certified
as a BBE before the joint venture can be approved.
D. RACE CONSCIOUS MEASURES
1. Set Asides
a. Contracts that are set -aside are for bidding solely
among BBEs. A BBE awarded a set -aside contract
shall not transfer to a non-BBE through
subcontracting or otherwise any part of the actual
work of the contract unless these bid documents
expressly and specifically permit such transfer as
consistent with normal industry practice, or the BBE
requests and receives prior to bid award an approval
letter from DBED.
b. Bidders on set -asides that cannot demonstrate their
compliance with the requirements of the preceding
paragraph (D.l.a.) shall be found to be in non-
compliance with these provisions,
C. Bidders on set -asides, to be eligible for award,
7
98- 4ib
shall submit upon request of the Compliance Monitor
a "Set -Aside List of Subcontractors" (Form BBE 104)
prior to bid award. Failure to submit the list and
any relevant information the Compliance Monitor may
request with respect to the bidder's submitted list
shall constitute non-compliance with these
provisions.
d. The following shall constitute non-compliance with
these Provisions:
(1) Submission of a Set -Aside List of Subcontractors
that the bidder knew or should have known is
incomplete or inaccurate; or
(2) Deviation from the list without the written
approval of the Compliance Monitor shall
constitute non-compliance with these provisions.
2. Goals
The Stated Goal is to have portions of the work under the
Contract performed by available BBEs for prices totaling
not less than the percentage of the contract price set
out in the bid form.
After a bid is advertised with a BBE goal, it may be
reduced only with the approval of the County Commission
or, if the contract is to be executed by the Public
Health Trust, by that body.
A bidder challenging or protesting the goal must submit
to the office or person to whom the bid is submitted, no
later than the time of bid submission, written reasons
for such challenge or protest. Challenges or protests to
a BBE goal by bidders after the time of bid submission,
or challenges based on reasons not previously provided in
writing prior to bid submission, shall not be heard by
the County Commission.
The Project Worksheet for establishing the stated goal is
included in the appendix of these Provisions.
a. Bidder Responsibilities:
(1) Bidders must submit a completed Schedule of
Participation (Form BBE 101) at the time of bid
submission. The Schedule of Participation
constitutes a written representation by the
bidder that to the best of the bidder's
knowledge the BBEs listed are available to
perform as specified, or that the Bidder will
8
'98 4ib
It
LIM
14W
demonstrate unavailability. The Schedule of
Participation is a commitment by the bidder that
if awarded the contract, it will enter into
subcontracts with the identified BBEs for the
scope of work at the price set forth . in the
Schedule of Participation.
(2) Bidders who fail to submit the Schedule of
Participation shall be _ considered non-
responsive. Bids that contain a defective
Schedule of Participation are voidable.
Examples of defects include but are not limited
to: incomplete Schedules; the listing of an
unidentifiable BBE; and percentage
miscalculations that are not mere cle4ical
errors apparent on the face of the Schedule.
Expenditures to subcontracting BEES shall be counted
toward meeting specified goals as -follows:
(1) One hundred percent (100%) of the expenditures
to BBEs that perform a commercially useful
function in the supply of goods or services
required for fulfillment of the contract;
(2) One hundred percent (100%) of the expenditures
to BBEs that subcontract work further to non-
BBEs only if bid documents expressly and
specifically permit such subcontracting as
consistent with normal industry practice, or the
bidder or BBE requests and receives prior to bid
award an approval letter from DBED;
(3) One hundred percent (100%) of the expenditures
to BBE general contractors, working - as
subcontractors, that perform actual work with
their own forces;
(4) None of the expenditures to a BBE that acts
essentially as a conduit to transfer funds to a
non-BBE unless bid documents expressly and
specifically permit such transfers as consistent
with normal industry practice or the bidder or
BBE requests and receives prior to bid award an
approval letter;
(5) None of the expenditures to a BBE which is
partially or wholly owned by the bidder.
Bidders that are BBEs, and bidders that are joint
-ventures that are owned and controlled by one or
more BBEs, may use their own forces to meet up to
9
J 8 - 1.)
50% of a specified goal.
d. Bidders agree to take all necessary and reasonable
steps in accordance with these Provisions to ensure
that BBEs have the maximum opportunity to compete
for and perform this contract. Bidders shall select
portions of the work to be performed by BBEs so as
to increase the likelihood of meeting the goal
including, where appropriate, breaking down
contracts into economically feasible units to
facilitate BBE participation.
e. All bidders must submit Letters of Intent (Form No.
BBE 102) to the person or office to whom the bid was
submitted by 4:30 p.m. on the second business day
following bid opening. Defective betters of Intent
are voidable. Examples of defects include but are
not limited to improperly executed letters, the
listing of an unidentifiable BBE, and percentage
miscalculations that are not mere clerical errors
apparent on the face of the Letter of Intent.
Expenditures to BBEs on a Schedule of Participation
that are not confirmed by a Letter of Intent shall
not count toward the goal.
f. Bidders whose bids do not meet the:specified goal,
in order to remain eligible, must submit to the
person or office to whom the bid was submitted by
4:30 p.m. on the second business day following bid
submission evidence proving the lack of available
BBEs to afford effective competition to provide the
goods or services to meet the goal.
g. To prove lack of availability, bidders must submit
the following:
(1) Unavailability Certificates (Form No. BBE 103)
either completed and signed by the BBE or
completed and signed by the bidder explaining
the contacts with the BBE, statements or actions
of the BBE showing unavailability, and the
reason(s) why the BBE's .signature could not be
obtained; and
(2) A listing of any bids received from a BBE, the
scope of work and price of each bid, and the
bidder's reasons for rejecting each bid; and
( 3 ) A statement of the bidder's contacts with DBED
for assistance in determining available BBEs;
and
10
98 - 4135
V4
(4) A statement showing compliance with paragraph D.
2. d. above; and
(5) A complete description of the bidder's process
for soliciting and evaluating bids from BBEs.
(6) Bidders may establish a BBE as unavailable if
the bidder provides evidence proving the BBE's
bid is not reasonably competitive with
comparable bids of non-BBEs -for the same scope
of work.
(7) Evidence of lack of availability may address
only the period prior to bid submission.
h. The bidder shall either meet the Goal or demonstrate
lack of availability as a condition of being aware.ed
this Contract. If a bidder who has not met the rca.l
fails or refuses to substantiate the lack of
availability, any security submitted with the bid
may be forfeited as liquidated damages because of
such failure or default.
i. The successful bidder on a contract with goals shall
promptly review billings from BBEs listed on the
Schedule of Participation. On those amounts not in
dispute, the successful bidder must make payment
within thirty (30) days of its receipt of the
billing.
3. Bid Preferences. Reserved.
4. BBE Selection Factor. Reserved.
PRE -AWARD COMPLIANCE
1. Investigatory'Meeting by Compliance Monitor.
The Compliance Monitor shall review for compliance with
these provisions every contract that is a set -aside or
has a goal. If the Compliance Monitor has concerns
regarding compliance with these provisions, the Bidder
shall upon at least three (3) days notice meet with the
Compliance Monitor. The purpose of this investigatory
meeting shall be for the Compliance Monitor to consider
whether to recommend the Bidder's bid be determined to be
in compliance or non-compliance with the requirements of
these Provisions. The Compliance Monitor may consider
relevant information from any person in making this
decision. At the investigatory meeting the Bidder shall
have an opportunity to present information and arguments
pertinent to his compliance with the applicable
11
98- ` i5
requirements. The Compliance Monitor may require the
Bidder to produce such information as the Compliance
Monitor deems appropriate and may obtain whatever other
and further information from whatever sources the
Compliance Monitor deems appropriate.
No later than fifteen (15) business days after this
investigatory meeting with the Bidder, the Compliance
Monitor shall make a written recommendation to the
Contracting Officer which shall include a statement of
the facts and reasons upon which it is based. This
recommendation shall also be forwarded to the Bidder.
2. Determination by MDC. Following receipt of -a
recommendation of non-compliance from the Compliance
Monitor, the Contracting Officer shall notify the Bidder
of an informal hearing regarding the bidder's compliance
with these provisions. Such notice shall indicate the
date, time and place at which the Bidder will have an
opportunity to present pertinent arguments and
information to the Contracting Officer relating to the
recommendation of non-compliance by the Compliance
Monitor. The Bidder shall supply such further relevant
information as required by the Contracting Officer.
3. The Contracting Officer in conjunction with the
Compliance Monitor may also conduct informal hearings, to
which the Bidder shall be invited, in which other parties
invited by the Contracting Officer may offer -information
relevant to the issue of the Bidder's non-compliance.
4. The Contracting Officer shall in writing determine
whether the bid of such Bidder complies with the
requirements of these Provisions and whether to recommend
to the County Manager that the Contract be awarded to the
Bidder. A copy of such recommendation shall be sent to
the Bidder. Such recommendation shall not affect the
power of the Board of County Commissioners to reject the
Bidder's bid for any other reason or to take such action
on the recommendation of the Contracting Officer as the
Board deems appropriate.
5. Consideration of Other Bids. If the Contracting Officer
or Compliance Monitor deems it advisable in the interest
of expediting the award of the contract, the procedures
set forth in this subsection may be carried out with
respect to the bids of one or more additional Bidders at
the same or different times with each such proceeding to
be separately conducted.
6. Failure of Bidder to Participate. The Bidder will be
12
98 - U5
bound by the proceedings under this subsection to which
they have been given required notice without regard to
their participation or lack of participation. A lack of
participation upon receiving notices- and requests
pursuant to these Provisions shall not be grounds for
reconsideration of any action taken;in the proceedings.
7. MDC shall not award this contract to any Bidder which it
determines fails to comply with the applicable
requirements of these Provisions. Nothing herein shall
relieve any Bidder from any of the terms, conditions or
requirements of the contract or modify MDC's rights as
reserved in the Contract document.
F . PROMPT PAYMENT
1. It is the County's intent that BBEs providing goods or
services to the County shall receive payments promptly in
order to maintain sufficient cash flow.-
2. The successful bidder on a contract with goals shall
promptly review billings from BBEs listed on the Schedule
of Participation. On those amounts not in dispute, the
successful bidder must make payment within thirty (30)
days of its receipt of the billing.
G. POST AWARD COMPLIANCE AND MONITORING
1. Approval of Subcontracts. The Successful Bidder shall
submit to the Contract Officer for approval subcontracts
corresponding in all respects to the proposed agreements
listed on the Successful Bidder's Schedule of
Participation or Set -Aside List of Subcontractors, unless
a deviation is approved under paragraph G.4. below. The
Successful Bidder shall enter into each subcontract and
shall thereafter neither terminate any such subcontract
nor reduce the scope of work to be performed by or
decrease the price to be paid to the BBE thereunder
without in each instance the prior written approval of
the Compliance Monitor. The Contracting Officer shall
not give a final written determination without a
recommendation from the Compliance Monitor.
2. Access to Records. Successful bidders and BBEs shall
permit the County to have access during normal business
hours to books and records relating to the bidder's
compliance with the race -conscious measures applied to
this contract. Such books and records include but are
not- limited to: journals, ledgers, correspondence, and
doct:=ents and records between the bidder or the BBE and
13
98- 45
other entities. This right of access shall be granted
for one year after completion of the work or full payment
of contract obligations, whichever comes last.
3. Monthly Reporting. The successful bidder on a project
shall submit monthly a utilization Report (Form M 200)
and an Employment Data Report (Form M 201) to the
Contracting Officer on or before the tenth working day
following the end of the month the report covers.
Standard reporting forms are included in these
Provisions. Additional forms may be obtained from the
Compliance Monitor. The Employment Data Report is to be
completed by each BBE listed on the Schedule of.
Participation or Set -Aside List of Subcontractors and is
to be submitted by the successful bidder. Failure to
comply with the reporting requirements may result in the
imposition of either or both- contractual sanctions or
administrative penalties by the County at its option.
4. Deviations from the Schedule of Participation. or Set -
Aside List of Subcontractors
a. The Compliance
Monitor shall be responsible for
monitoring the
performance of the successful bidder
regarding compliance with race -conscious measures
applied to the
contract. The Compliance Monitor
may, at his
or her discretion, investigate
deviations in
the utilization of BBEs from that
described on the Schedule of Participation or Set -
Aside List
of Subcontractors and make
recommendations
regarding compliance to the
Contracting Officer.
The Contracting Officer'shall
not make a
final determination without a
recommendation
regarding compliance from the
Compliance Monitor. Deviations from the goal stated
in the contract
that shall be monitored include but
are not limited
to:
1. Termination of a BBE's subcontract;
2. Reduction in the scope of work to be
performed by a BBE;
3. Modifications to the terms of payment or
price to be paid to a BBE;
4. Failure to enter into a contract with a EBE.
b. Excuse from Entering Subcontracts. if prior to
execution of a subcontract required by these
14
98- U5
Provisions, the Successful Bidder submits a written
request to the Contracting Officer demonstrating to
the satisfaction of the Contracting Officer that, as
a result of a change in circumstances beyond his
control of which he was not aware and could not
reasonably have been aware until subsequent to the
date of the award of the Contract, a BBE who is to
enter into such subcontract has unreasonably refused
to execute the subcontract, or is not available, the
Successful Bidder shall be excused from executing
such subcontract. The procedures of paragraphs
G.4.f. and g. below apply to this paragraph.
c . Termination of Subcontracts. If, after execution of
a subcontract required by these Provisions, the
Successful Bidder submits a written request.to the
Contracting Officer and ' demonstrates to tha
satisfaction of the Contracting Officer that, as a
result of a change in circumstances beyond his
control of which he was not aware and could not
reasonably have been aware until subsequent to the
date of execution of such subcontract, a ME who
entered into such subcontract has comratted a
material breach of the subcontract, the successful
Bidder shall be entitled to exercise such rights as
may be available to him to terminate the
subcontract. The procedures of paragraphs f. and g.
below apply to this paragraph.
d. MDC's Determination of Bidder's Excuse or
Termination. If the Successful Bidder at any time
submits a written request to the Contracting Officer
under the prior two paragraphs the Contracting
Officer, as soon as practicable, shall determine
whether the Successful Bidder has made the requisite
demonstration, and shall not determine that such -a
demonstration has not been made- without first
providing the Successful Bidder, upon notice, an
opportunity to present pertinent information and
arguments. The procedures of paragraphs f. and g.
below apply to this paragraph.
e. Alternative Subcontracts. If the Successful Bidder
is excused from entering into a .subcontract or
rightfully terminates a subcontract under these
Provisions and without such subcontract the
Successful Bidder will not achieve the level of BBE
participation upon which the contract was awarded,
the Successful Bidder shall make every reasonable
-effort to propose and enter into an alternative
subcontract or subcontracts for the same work ':o be
15
98-. 415
et
performed by another available BBE for a sr :contract
price or prices totaling -not less than the
subcontract price under the excused or terminated
subcontract, less all amounts previously paid
thereunder. The Bidder must submit a revised
Schedule of Participation or Set -Aside List of
Subcontractors and Letter of Intent to include the
substitute BBE(s). A successful bidder that cannot
secure a substitute BBE must provide a written
statement to the Compliance Monitor and Contracting
Officer that includes a list of the names,
addresses, telephone numbers, and the late of
contact for each BBE. The procedures of p-.agraphs
f. and g. below apply to this paragraph.
f..The Compliance Monitor shall promptly meet with the
Successful Bidder and provide him with an
opportunity to demonstrate compliance with these
requirements. The Compliance Monitor shall, as
promptly as practicable, recommend to the
Contracting Officer whether the Successful Bidder
should be determined to be in compliance with these
requirements. The Compliance Monitor may require
the Successful Bidder to produce such information as
the Compliance Monitor deems appropriate and may
obtain whatever other and further information from
whatever sources the Compliance Monitor deems
appropriate. The Compliance Monitor shall make his
recommendation under this paragraph to the
Contracting Officer and forward a copy to the
Bidder.
g. The Contracting Officer will consider objections to
the Compliance Monitor's recommendation only if such
written objections are received by the Contracting
Officer within five calendar -days from the
Successful Bidder's receipt of the Compliance
Monitor's recommendation. The Contracting Officer
with or without a hearing, as he in his discretion
may determine, will reply to the Successful Bidder's
written objection within 10 days of receipt of these
objections. The Contracting Officer's determination
upon consideration of the Successful Bidder's
written objection shall be final and binding without
right of appeal.
H. SANCTIONS FOR CONTRACTUAL VIOLATIONS
If at any time, the Successful Bidder is in violation of his
obligations under these Provisions, MDC not withstanding z,7_.y other
penalties and sanctions provided by law may impose one or more of
16
_ 98- 41z)
the following:
1. The suspension of any payment or part thereof until Mich
time as the issues concerning compliance are resolved;
2. Work stoppage;
3. Termination, suspension, or cancellation of the contract
in whole or part.
I. DEBA N=
The County may debar BBEs or non-BBEs for violation of,
or non-compliance with, the provisions of Ordinance 92-
45, Administrative Order Black Business Enterprise
Program, or these bid documents.
1. Violations that may result in debarment iriclude but
are not limited to:
a. Falsifying or wrongfully withholding inf oi-mation
in the BBE certification, bidding, or I:eporting
processes;
b. Failing to perform a commercially useful
function, or subcontracting to a BBE by a non-
BBE that knew or should have known the BBE could
not perform a commercially useful function.
When determining whether the BBE performs a
commercially useful function, DBED shall
consider factors such as but not limited to:
(1) Whether actual work is performed by the BBE.
Actual work includes drop shipping when the
BBE.has actual and legal responsibility for
billing and performance of the contract.
Brokering is considered to be actual work
when it is consistent with normal industry
practice.
(2) Whether further subcontracting by the BBE is
consistent with normal industry practice;
(3) Whether the BBE subcontractor is a general
contractor;
(4) Whether the BBE subcontractor has entered
into bonding • agreements that shif;� to
another the expenses, risl.s, or
responsibilities of the work for the purpose
of meeting bonding requirements.
2. -Debarment procedures shall comply with
Administrative order 3-2, Section VI.
17
i
LETTER OF INTENT
BLACK BUSINESS ENTERPRISE
PARTICIPATION
rs must awnut 30fral of Intenta Contracting UfriWby p.m. on
he second business day following bid opening. Expenditures to BBEs on a Schedule
if Participation that are not confirmed by a property executed Letter of Intent shall
tot count toward the goal.
TO:
Name of Prime
CONTRACT NAME.
CONTRACT NO.: TOTAL BID i
The undersigned holds DEED BBE Certificate No. . expiring on
The undersigned intends to perform the following work in connection with the _
above contract:
ITEM NO. ISCOPE - Description ion of Work Items S Amount
Total
The undersigned has reasonably uncommitted capacity sufficient to provide the required
goods or services, all licenses and permits necesssary to provide such goods or services,
the ability to obtain bonding that is reasonably required to provide such goods or services
consistent with normal industry practice, and the abMW to otherwise meet the bid
specifications.
Signature Date
Print Name Title SSE Fum
SSE l a
98 415
sted /a the aid
tta, at the
Pori;on of the work to be performed by the BBE member of a Join�Ventu�relsto�bet�l
tln delaias eof b!d aubm/ttal. TTie
performed by the non-BBE member,eparate/y from the work to be
Name of Prime•
Project Number.
this schedule of participation to demonstrateIlack of availability or of BBEs addition to this
To be caompletsd by the General Contractor
I certify that the representations contained In this BBE Schedule of Participation are to thi@ best of my knowledge true and accurate.
Signature Date
Print Name Title
Name of CEO or President
BBE /01
I
CERTIFICATE OF UNAVAILABILITY
Title
of cerdfy that on
Finn Date
i contacted the.. to obtain a bid for work
Black Business Enterprise
items to be pertormea on metropwitan uaae co convact
No.
Work items sought
Form of bid sought (i.e.
unit price,matedals & labor,
labor only, etc.
s
Signature
Print Name
Title
1 was offered Me above opportunity to bid
BBE Name
I was unavailable to perform the above work at the above soedfied time dus to:
I am aware that the CountyAdminisvabve Order 3-3 ,Part 11 &(S) states
'Any BBE drat falls to bid at a minimum, the lesser of Vase (3) or 50% of the available
projects, in their primary ceiV21ed trade, Qvmmo ft, or servkv, wX*i one calendar
year of aerdl9cadon, (12 calendar months) may be decertilree.
Signature DBED BBE Certificate No.
Print Name
Title
Expires
BEE 103
98 45
%J - I —r OiUl- LIJ I Ur- OUt UU14 1 IJAU I UHS
Tills form is to be Completed for all Subcontractors listed In the Bid Submitta/at the Ilene ofbid submisslon. The pordorr of the work
to be performed by the BBE member of a joint venture Is to be set forth /a decay se sly ftm
b the non-BBE member. Bldder Is to identify the work to be done with the b/d*es ownram"the work to be pert famed
Name of Bidder:
Project Number:
------------
Location:
Certificate Type of work to be performed Dollar % of Bid
Subcontractor/Bidder No.
Amount
$
%
s
%
s
%
s
%
s
%
s
%
s
%
$
%
a
%
$
%
To be Completed by the Bidder
Total
I certify that the representations contained in this Set -Aside List of Contractors are to the be of my knowledge true and accurate.
Ur
Signature Date Telephone
Print Name Title
BBE 104
This report Is requ re MONTHLY UTILIZATION REPORT
sanctions on the successful bidder,tin ddldNon to pursuing any other av
Of an Y a ure to com y may resu t n
Y PaymM or part thereof, termination or cancellation of the contract and the denial commenc ng procee ngs to mfwes
awarded b MDC. allable legal remedy. Sanctions may Include the Suspension
Reporting Period ro Participate In any further contracts
on
From:____----_
Contract Goal; %
B dders ame an rose SUCCESSFUL BIDDER INFORMATION
ate o ate o
Pre -Bid Bid Bld ange E ate
Name of Contract and Number Conference 0 enln Amount Order Goal o f c e u s ercent
Amount Attalnetl Award Completon Contract
Date Com let&
Amount of Requlslllon this Period: $
Total Amount Requisitioned to Date: $ Amount Requleiuoned for OBE Subcontractors this Period: t;
Total Amount Requisitioned for BBE Subscontraclors fo Date:tj
ame o
BUCK OUSINESS ENTERPRISES gg OppO�NITIE9
Contract Description of Work u moun mount clua
Amount Paid to Sub to Sub to Startingc ie u e
this As ulsltlon Oate Completion
Dale Date
0
Authorized Signature
Company
Data
Tlua Telephone
Page____of
M-200
,&- I ivtl—l_v i IVICIV
Contract Number
FroReporting Period
m
To
This repoh is required by Metropollten Dade County. The Successful Bldder holdin
Measures MUST submit Monthly Employment Data Report monthly, Fallura to comply to Impose sanctions on the successful bidder, In addition to pursuin g a contract It In ning any paw Conscious
ply may result In MOC commencing Proossdinge
the suspension of any payment or part thereof, termination or rsuingiany of the ally le legal remedy. Sanctions may include
further ntracts awarded b MDC,canact, and the denial to partigpate In any
DATA REPORT
Name of Contract
Name o'Nsuccessful Bldder
Address
Authorized Olpnature Print Name
Date
Paps of ---
M-20 r
W