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HomeMy WebLinkAboutR-98-0841J-98-921 8/26/98 RESOLUTION NO. 9 8 `' j 1 A RESOLUTION ACCEPTING THE BID OF METRO USA FOR THE INSTALLATION OF LIGHT BARS AND SIRENS FOR POLICE AND FIRE -RESCUE EMERGENCY RESPONSE VEHICLES, ON AN AS -NEEDED, WHEN -NEEDED CONTRACT BASIS FOR ONE YEAR, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION; AT AN ANNUAL COST NOT TO EXCEED $39,500.00; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, "REPLACEMENT OF CITY-WIDE FLEET", PROJECT NO. 311850. WHEREAS, pursuant to public notice, sealed bids were received July 20, 1998, for installation of light bars and sirens for police and fire -rescue emergency response vehicles, on an as -needed, when -needed contract basis for one year, with the option to extend for two additional one-year periods for the Department of General Services Administration; and WHEREAS, invitations for Bid No. 97-98-141 were mailed to fourteen (14) potential bidders and one (1) bid was received; and WHEREAS, this contract will enable police vehicles to be equipped for service in a timely fashion; and WHEREAS, funding is available from the FY198 General Fund Contribution to the Capital Improvement Program, "Replacement of SEP 8 1998 &MQUUM rb 98- 841 City-wide Fleet", Project No. 311850; and WHEREAS, the City Manager and the Director of General Services Administration recommend that the bid received from Metro USA be accepted as the lowest responsive and responsible bid; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The bid submitted by Metro USA for installation of light bars and sirens for police and fire -rescue emergency response vehicles, on an as -needed, when -needed contract basis for one year, with the option to extend for two additional one-year periods, for the Department of General Services Administration, at an annual cost not to exceed $39,500.00, is hereby accepted, with funds therefor hereby allocated from the Capital Improvement Program, "Replacement City-wide Fleet", Project No. 311850. Section 3. This Resolution shall become effective 2 98- 841 immediately upon its adoption and signature of the Mayor.1/ PASSED AND ADOPTED this 8th day of ATTEST: September JOE CAROLLO, MAYOR 1998. In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate appmid of this legislation by signing it in the designated place provided, said legislation soar becomes effective with the elapse of ten (10) days f the date f=Co''cthn regarding same, without the Mayor exing, e/ .Q- / WALTER J. FOEMAN CITY CLERK TNESS:t W2876:CSK:kc Walter J'-f6errian, Cky Cie* 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 3 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA=20 Honorable Mayor and AUG 2 5 !901 TO : Members of the City Commission DATE : FILE SUBJECT: Resolution Authorizing a Contract for the Installation of Light Bars FROM : Donald H. Warshaw 1 REFERENCES: and Sirens City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Resolution accepting the bid of Metro -USA, Inc., on an as needed basis, for an initial one year period, with option to extend for two additional one year periods, subject to availability of funds, for the installation of light bars and sirens for Police and Fire -Rescue emergency response vehicles. Further authorizing an award to Metro USA, Inc. a Hispanic/Miami-Dade County vendor, located at 1950 N.W. 88`h Court, Miami, Florida 33172, in an amount not to exceed $39,500. Funds are available in the FY '98 General Fund contribution to the Capital Improvement Program, "Replacement of City -Wide Fleet", CIP Project No. 311850. BACKGROUND: The Department of General Services Administration has analyzed the bid received pursuant to Bid No. 97-98-141. Approximately one hundred vehicles shall be added to the Police and Fire -Rescue fleet in FY '98. The cost for installation of light bars and sirens is $395.00 per vehicle. Fourteen (14) invitations for bids were mailed and one (1) response was received. Metro -USA, Inc. is the sole respondent to this bid. However, their bid is competitive based on a prior bid issued. This contract shall enable police vehicles to be equipped for service in a timely fashion, since in-house installation with the current staffing level would delay the assignment of these vehicles. McInstLghtBrs.doc 98- 841 BID NUMBER: 97-98-141 COMMODITY / SERVICE: Installation of Lightbars and Sirens DEPARTMENT/CONTACT PERSON: GSA - nanette PPrP2 DIRECTIONS TO COMPLETE BID AWARD RECOMMENDATION FORM ON THE REVERSE SIDE: The top portion of the reverse side of this Bid Award Recommendation Form has been completed by the Department of Purchasing. The user department (s) is required to complete all remaining sections of this form, including the funding source(s), contract value (if applicable), and all other required approvals prior to forwarding to Purchasing. Within 10 days, FAX this completed form along with approved and signed Bid Tabulation Form and the resolution memo to Purchasing, ATTN: Bid/Contract Section, at 416-1925. These forms will be utilized by the Department of Purchasing to prepare the Resolution for submission to the Agenda Office for Commission approval. Should the department not concur with the recommendation for award, FAX separate justification memo to Purchasing immediately. Emergency procurements are exempt. IN ADDITION TO THE ABOVE DOCUMENTS, PLEASE RETURN A COMPLETED "CONTRACT REVIEW AND ANALYSIS FORM" ALONG WITH THE SCI SCREEN "ACCOUNT SUMMARY" FOR SAID COMMODITY/SERVICE IN PREPARATION FOR THE PRESENTATION AND APPROVAL OF THE BID/CONTRACT BEFORE THE OVERSIGHT BOARD. Contact Maritza Fresno of the Bid/Conftact Section at *VkM or 416-1907 should you have any questions. APPROVAL TO FORWARD TO DEPARTMENT/OFFICE: Zi— " ,. - Judy S. darter 1 D _ ctor of Purchasing DATE: �- '� �— /� BZD"COM.DOC 8/8/97 PAGE 1 OF 2 9 8— 841 BID AWARD RECOMMENDATION FORM BID NUMBER: 97-98-141 COMMODITY/SERVICE: -Installation of Li crhtbars and Sirens DEPARTMENT / DIVISION: GSA TERM OF CONTRACT: Contract for one year with OTR to extend for two additional one year period$. NUMBER OF BIDS DISTRIBUTED: Fourteen (14) NUMBER OF BIDS RECEIVED: one (1) METHOD OF AWARD: Lowest responsible a�d resnonsiva hidaer mpptincl SpPnifinations. RECOMMENDED VENDOR(S): Metro USA, Inc. STATUS: THE FOLLOWING TO BE COMPLETED BY USER DEPARTMENT: JUSTIFICATION: ACCOUNT CODE(S): APPROVAL: BUDGET REVIEW APPROVAL: Director/ Dlpak M. Parekh Director OTHER FUNDING APPROVALS, IF APPLICABLE: CONTRACT VALUE: $39,500.00 TOTAL: $39,500.00 PURCHASING APPROVAL: J y S. Cart r D ector TITLE: PAGE 2 OF 2 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Donald H. Warshaw August 3, 1998 TO : City Manager DATE : FILE SUBJECT : Resolution Authorizing a Contract for the Installation of Light Bars FROM :*epartment Director REFERENCES- and Sirens f GeneralServices Administration ENCLOSURES: The Department of General Services Administration has verified with the Office of Budget and Management Analysis that funds are available from the FY '98 General Fund contribution to the Capital Improvement Program, "Replacement of City -Wide Fleet", CIP Project No. 311850, in an amount not to exceed $39,500.00. CIP PROJECT REVIEW AND APPROVAL BY: Date: Pila aenz-Butler, CIP Ad nistrator BUDGETARY REVIEW AND APPROVAL BY: a -- Dipak Parekh, Director Office of Budget and Management Analysis DHW:JB:JAP:eh McInstL.ghtBrs2.doc Date: w .A Item TABULATION OF BID INSTALLATION OF LIGHTBARS AND SIRENS: BID NO. 97-98-141 Description 1 Installation of lightbars and sirens per vehicle, as per Bid Specifications Prepared by Maritza Fresno, 7/24/98 Page 1 Metro USA, Inc. 1950 NW 88th Court Miami, FL 33172 Hispanic/Dade Est. Unit Extended Price Price 100 $ 395.00 /veh. $ 39,500.00 Approval- ent Director/Designee City of Miami, Florida Bid No. 97-98-141 2.0 GENERAL TERMS RtVD CONDITIONS FOR THE PURCHASE OF SERVICES INTENT: The General Terms and Conditions described herein apply to the acquisition of general services with an estimated aggregate cost of $4,500.00 or more. 2.1. ACCEPTANCE OF OFFER - The signed bid response shall be considered an offer on the part of the bidder; such offer shall be deemed accepted upon issuance by the City of a purchase order or other contractual document. 2.2. ACCEPTANCE/REJECTION -The City reserves the right to accept or reject any or all bids or parts of bids after bid opening and request rebid on the items described in the IFB. In the event of such rejection, the Director of Purchasing shall notify all affected bidders and make available a written explanation for the rejection. The City also reserves the right to waive any irregularities or minor informalities or technicalities in any or all bids and may, at its discretion, re -bid. 2.3. ANTITRUST PROVISION - At such times as may serve its best interest, the City reserves the right to advertise for, receive, and award additional bids for these herein items, and to make use of other competitively bid (governmental) contracts, SNAPS Agreements or other similar sources for the purchase of these goods and/or services as may be available. 2_A. ASSIGNMENT OF CONTRACT - The contractor shall not assign, transfer or subcontract, at any time during the term of the Contract, or any part of his/her operations, or assign any portion or part of the Contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 2.5. AUDIT RIGHTS AND RECORDS RETENTION - The Contractor agrees to provide access to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of the contractor which are directly pertinent to this Contract, for the purpose of audit, examination, excerpts, and transcriptions. The.. Contractor shall maintain and retain any and all books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this contract by the City. 2.6. AVAILABILITY OF CONTRACT TO OTHER GOVERNMENTAL AGENCIES - Any Governmental Unit in Dade, Broward or Pahn Beach Counties, Florida, may avail itself of this contract and purchase any and all items specified herein from the successful bidder(s) at the contract price(s) established herein. Each Governmental unit which uses a contract(s) resulting herefrom, will establish its own contract, place its own orders, issue its own purchase orders, be invoiced therefrom and make its own payments and issue its own exemption certificates as required by the bidder. 2.7. AWARD OF CONTRACT A. The IFB, Bidder's response, any addenda issued and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract. B. 4 The award of a Contract where there are Tie Bids will be decided by the Director of Purchasing or designee. C. The award of this Bid may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. The Bidder shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where the Bidder is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's Response and may accept the Bid from the next lowest responsive, responsible bidder or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from the Bidder and its bid bond or guarantee, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's default. Rev. 6/8/98 0 8 - 841 City of Miami, Florida Bid No. 97-98-141 D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder. These documents may either be a purchase order, notice of award and/or contract award sheet. Where a conflict between two or more of the several documents exists, the contract award sheet shall take precedence. E. The City reserves the right to automatically extend this contract for up to ninety (90) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days, not to exceed ninety (90) days, prior to the expiration of the contract term. F. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis or such combinations as shall best serve the interest of the City unless otherwise specified. 2.8. BID SECURITY/ BID DEPOSIT - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders, if applicable. This check or bond guarantees that a bidder will accept the order or contract, as bid, if it is awarded to bidder. Bidder shall forfeit bid deposit to the City should City award contract to Bidder and Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders within ten (10) days after the award and successful bidder's acceptance of award. If sixty (60) days have passed after the date of the formal opening of the bids, and no contract has been awarded, all bid deposits will be returned on demand. Certified Minority/Women vendors may apply to participate in the City's Bid Bond Voucher Program by contacting the Minority/Women Business Affairs office. 2.9. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute a Contract and/or file an acceptable Performance Bond, when required, as provided herein, within ten (10) days after written notice of award has been given, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsible Bidder or all bids may be rejected. 2.10. CANCELLATION - The City reserves the right to cancel all Invitations for Bid before bid opening. In the event of bid cancellation, the Director of Purchasing shall notify all affected bidders and make available a written explanation for the cancellation. 2.11. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to perform the services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such services, it shall not have any claim upon the City. 2.12. COLLUSION - The Bidder, by affixing a signature to their bid certifies that its bid is made without previous understanding, agreement or connection either with any person, firm or corporation making a bid for the same items or with the City Purchasing Department or initiating Department. The Bidder certifies that its bid is fair, without control, collusion, fraud, or other illegal action. The Bidder certifies that it is in compliance with Section 2.611, Conflict of Interest and Code of Ethics Laws. The City will investigate all situations where collusion may have occurred and the City reserves the right to reject any and all bids where collusion may have occurred. 2.13. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subjects to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor Rev. 6/8/98 g g - 841 City of Miami, Florida Bid No. 97-98-141 agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: 2.13.1. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection: 2.13.2. Occupational, Safety and Health Act (OSHA), as applicable to this bid. 2.13.3. The State of Florida Statutes Section 287.133(3)(A) on Public Entity Crimes. 2.13.4. Minority/Women Business Affairs Enterprise (M/WBE) City Ordinances No. 10062, 10538, 11272, as amended, as applicable to this bid. 2.13.5. Environment Protection Agency (EPA), as applicable to this bid. 2.13.6. Uniform Commercial Code (Florida Statutes, Chapter 672), as applicable to this bid. 2.13.7. Americans with Disahilities Act of 1990, as amended ' 2.13.8. First Source Hiring, Agreements, City Ordinance No. 10032, as amended, as applicable to this bid Implemented to foster the creation of new and permanent jobs for City of Miami residents. 2.13.9. National Institute of Occupational Safety Hands (NIOSH), as applicable to this bid. 2.13.10. National Forest Products Association (NFPA), as applicable to this bid. 2.13.11. City Local -Preference Ordinance No. 11087, as applicable to this bid. 2.13.12. Conflict oflnterest, City Code Section 2-611; 612, as applicable to this bid. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 2.14. CONFLICT OF INTEREST - Bidders, by responding to this IFB, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City is financially interested, directly or indirectly, in the purchase of goods specified in this IFB. Any such interests on the part of the Bidder or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the your firm. 2.15. CONTRACT AND BONDS - The bidder whose bid is accepted may be required, within the time established in the IFB, to enter into a written contract with the City, and if required, furnish performance and paonent bonds on City standard forms in the amounts indicated in the IFB. 2.16. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder to meet any terms of this agreement, the City will notify the Bidder of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: Rev. 6/8/98 9 8_ 841 City of Miami, Florida Bid No. 97-98-141 A. Failure to perform the work required under the Contract and/or within the time required; or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as non conforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankuptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 2.17. EMERGENCY/DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this bid at the price contained within vendor's bid. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 2.18. EVALUATION OF BIDS A. Rejection of Bids The City may reject for any of the following reasons: (1) Bidder fails to acknowledge receipt of addenda (2) Bidder misstates or conceals any material fact in the Bid (3) Bid does not conform to the requirements of the Bid (4) Bid requires a conditional award that conflicts with the method of award (5) Bid does not include required samples, certificates, licenses as required (6) Bid was not executed by the Bidder's authorized agent on the Bid Form The foregoing is not the all inclusive list of reasons for which a Bid may be rejected. The City may reject and re -advertise for all or any part of the IFB whenever it is deemed in the best interest of the City. B. Elimination From Consideration (1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. (2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. (3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debartment and Suspension Ordinance. C. Demonstration of Responsibility Rev. 6/8/98 9 8 841 City of Miami, Florida Bid No. 97-98-141 (1) Bids will only be considered from firms/sole proprietors who are regularly engaged in the business of providing the services required by the Bid. Bidder's must be able to demonstrate a satisfactory record of performance and integrity and have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall construed to mean a fully T equipped and well established firm/sole proprietorship in line with the best industry practices in the industry as determined by the City. (2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City or any other governmental entity in making the award. (3) The City may require the Bidder's to show proof that they are designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Bid. 2.19. FIRM PRICES - The bidder warrants that prices, terms, and conditions quoted in his/her bid will be firm throughout the duration of the contract unless otherwise specified in the IFB. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over the designated period of time. 2.20. INDEMNIFICATION - The Contractor shall indemnify and save harmless forever the City, and all the City's agents, officers and employees from and against all charges or claims resulting from any bodily injury, loss of life, or damage to property from any act, omission or neglect, by Bidder or its employees; the Contractor shall become defendant in every suit brought for any of such causes of action against the City or the Citys officials, agents and employees; the Contractor shall further indemnify City as to all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claims and any resulting investigation. 2.21. INSPECTION OF BID - Sealed bids received by the City pursuant to Invitations For Bid will not be made available until such time as the City provides notice of a decision or intended decision or within 10 days after bid opening, whichever is earlier. Bid Tabulations will be furnished, after a recommendation for the award is made to the City Commission by the Purchasing Department in concurrence with the user department request, and upon provision of a self addressed, stamped envelope by the bidder to receive the tabulation. 2.22. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish evidence of insurance to the Purchasing Department. Submitted evidence of coverage . shall demonstrate strict compliance to all requirements listed on the attached form entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a purchase order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Invitation to Bid, the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this IFB within fifteen (15) calendar days after receipt of Notice of Award, the contractor may be in default of the contractual terms and conditions and may not be awarded the contract. Under such circumstances, the Bidder may be prohibited from submitting future bids to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Risk Management Office, at (305) 416-1700. 2.23. INVOICES - Invoices shall contain purchase order number of goods or equipment delivered (i.e. quantity, unit price, extended price, etc.) 2.24. LOCAL PREFERENCE - City Ordinance 11087, states that the City Commission may offer to a responsible and responsive local bidder, whose primary office is located in the City, the opportunity of accepting a bid at the low bid amount, if the original bid amount submitted by the local vendor does not exceed 110 percent of the lowest responsible and responsive bidder. . Rev. 6/8/98 Q 8 _ 841 City of Miami, Florida Bid No. 97-98-141 2.25. MINORITY/ PROCUREMENT PROGRAM - Ordinance No. 10062, as amended, entitled the Minority and Women Business Affairs and Procurement Ordinance of the City, Florida, sets forth "...a goal of awarding at least 51 percent of the City's total annual dollar volume of all expenditures for all goods and services to Black, Hispanic and Women minority business enterprises on an equal basis." A minority business enterprise is defined as a business firm "...in which at least 51 percent of said enterprise is owned by Blacks, Hispanics, or Women and whose management and daily business operations are controlled by one or more Blacks, Hispanics or Women." To achieve the goal established by these Ordinances, participation in providing goods and services to the City by minorities is being encouraged in a number of ways. All bidders doing business with the City are encouraged to include the participation of minority firms in their bids. In evaluating bids for determination of awards, minority participation may be a factor. Failure to adequately involve minority firms may be a basis for rejecting any and all bids. Possible ways to include minority participation would involve: 1. Joint venture with a minority firm(s) 2. Utilizing minority firms) as subcontractor(s). 3. Utilizing minority firm(s) to supply goods and/or services. 4. Successful implementation of well defined affirmative action program. 5. Other forms of minority participation, if properly documented. Successful bidder(s) shall be required to establish an Affirmative Action Plan, if not, an Affirmative Action Policy shall be established, pursuant to Ordinance #10062 as amended. Effective date of implementation must be indicated on the policy. A "Minority Status Information Sheet" in Section 6.7 is provided to assist bidders in presenting information concerning minority participation. Minority and women business firms are encouraged, but not required, to register with the City prior to submitting bids. The Purchasing Department will provide the necessary forms and instructions upon request. All bidders are urged to submit bids for any goods or services that they are able to supply, regardless of minority classification. However, compliance with all requests for information regarding Minority/Women Status or Participation is required. Bidder's cooperation is greatly needed to aid the City in achieving its goal. 2.26. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS OR CONTRACTS No agreement or understanding to modify this IFB and resultant purchase orders or contracts shall be binding upon the .City unless made in writing by the Director of Purchasing. Through the issuance of a Change Order or Modification to the Contract Purchase Order or Award Sheet as appropriate. 2.27. NONDISCRIMINATION - Biddef agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this solicitation. Furthermore, Bidder agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. In connection with the conduct of its business, including rendition of services and employment of personnel, Bidder shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment 2.28. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City and submitting a Bid under this IFB shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City Charter. Others with a location outside the City shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the Rev. 6/8/98 J 8 - 841 City of Miami, Florida Bid No. 97-98-141 Bid; however, the City may, at its sole option and in its best interest, allow the Bidder to supply the license to the City during the evaluation period, but prior to award. 2.29. PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, _paid, agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 2.30: PROMPT PAYMENT - Bidders may offer a cash discount for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are required to provide their prompt payment terms in the space provided on the Bid Information Form. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders during the term of the contract. 2.31. PUBLIC ENTnrrCRIMES = A person or affiliate who has been place on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit a bid on a lease of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 2.32. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and Sec. 18-104 of the City Code, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 2.33. QUALITY OF WORK -The work performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this IFB. 2.34. RESOLUTION OF CONTRACT DISPUTES - Contractor understands and agrees that all disputes between Contractor and the City based upon an alleged violation of the terms of this Contract by the City shall be submitted to the City Manager for his/her resolution, prior to Contractor being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds $4,500.00, the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved the City Commission if the amount of compensation hereunder exceeds S4,500.00, (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (90 days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. Rev. 6/8/98 9 841 City of Miami, Florida Bid No. 97-98-141 2.35. RESOLUTION OF PROTEST - Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a contract may protest in writing to the Director of Purchasing who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders are alerted to Ordinance No. 11072 describing the protest procedures. Protests failing to meet the requirements for filing shall not be accepted. _Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS. 2.36: SERVICE AND WARRANTY - Unless otherwise specified, the bidder shall define any warranty, service and replacements that will be provided. Bidders must explain on the attached Price Sheet to what extent warranty and service facilities are available. 2.37. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to used. All workmanship is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this bid, the bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid. 2.38. TERAIINATION - The City reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: 1. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract and/or to have failed to perform his/her services in a manner satisfactory to the City. In the. event the contractor is found to be in default, the contractor will be paid for all labor and materials ' provided as of the termination date. No consideration will be given for anticipated loss of revenue or the canceled portions of the contract. 2. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience. Funds are not available to cover the cost of the services. The City's obligation is contingent upon the availability.of appropriate funds. . 2.39. VARIATIONS OF SPECIFICATIONS - For purposes of bid evaluation, bidders must indicate any variances from bid specifications and/or conditions, no matter how slight. If variations are not stated on the Price Sheet, it will be assumed that the service to be provided fully complies with the City's specifications. ij Rev.'6/8/98 9 8 - 841 City of Miami, Florida Bid No. 97-98-141 3.0. SPECIAL CONDITIONS 3.1. SCOPE AND PURPOSE It is -the intention of the City of Miami to establish a contract for the furnishing of all labor, parts and materials necessary for the installation of lightbars and sirens for police and fire emergency response vehicles for the Department of General Services Administration, Fleet Management Division. 3.2. CONTRACT TERM The Contract shall commence upon the date of award and shall be effective for one (1) year with the option to extend for two (2) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a. City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 3.3. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: a. Advance written mutual agreement. b. Continued satisfactory performance compliance with the specifications, terms and conditions established herein. c. Availability of funds In the event the Contractor is unable to extend the contract for any subsequent period under the above conditions, or for whatever cause, advance written notice and explanation must be submitted to the Chief Procurement Officer, no4ater than ninety (90) days prior to the annual expiration date. Such notification is subject to the acceptance of the City, or the Contractor may be found to be in default. 3.4. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. 3.5. METHOD OF AWARD Award of this contract will be made to the lowest responsive and responsible bidder, meeting Specifications. 3.6. BIDDER QUALIFICATIONS . Bids will be considered only from frets that are regularly engaged in the business of providing the services as described in this bid for at least two (2) years; and that have sufficient financial support, equipment and organization to insure that they can satisfactory execute the services if awarded a contract under the terms and conditions herein stated. Subsequently, the Bidder will: 4 a) Be fully licensed to perform the work described herein, and shall provide all information requested on the Price Sheet. b) Have no record of pending lawsuits or criminal activities and not have conflicts of interest which may be of embarrassment to the City. c) Not submit a bid should the contractor have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter or surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully any previous contract with the City. QS- 841 City of Miami, Florida Special Conditions (Continued) Bid No. 97-98-141 3.7. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Mr. Allan Savarese, Fleet Manager, or his designee who shall be designated as the Contract Administrator and who may be contacted at telephone number (305) 575-5171. 3.8. INSTALLATION OF EQUIPMENT Installation of the lightbars and sirens will be performed at the contractor's facility. The City will be responsible for the delivery and pickup of the vehicles to and from the facility. 3.9. WORKMANSHIP AND MATERIALS All parts installed and materials used in performance of this contract shall be unused, and or new (of current design or manufacture). Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of the highest quality and shall conform to all applicable Codes, so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship. 3.10. WARRANTY, FITNESS FOR PURPOSE Goods specified shall be fully guaranteed by the Contractor against factory defects. Any defects may occur as the result of either faulty material or workmanship within the period of the manufacturers standard warranty will be corrected by the Contractor without expense to the City of Miami. The vendor warrants items supplied under this contract conform to specifications herein, and are fit for the purpose for which such goods are ordinarily employed; except if stated in a Special Condition, the material must then fit that particular purpose. The vendor and the City agrees that orders under this contract does not exclude, or in any way limit, other warranties, provided in this agreement or by law. Bidders shall indicate on the bid sheet the terms of the manufacturer's standard warranty, and any specially offered optional warranty available. 3.11. WARRANTY SHOULD BE SUPPLIED IN WRITTEN FORM A. Type of Warranty Coverage Required The bidder should supply a copy of its written warranty certificates with its bid; however, the bidder may be given the opportunity to submit these certificates to the City during the bid evaluation period. Failure to meet this requirement may result in your bid being declared non -responsive. The warranty supplied by the bidder shall remain in force for the full period identified by the bidder; regardless of whether the bidder is under contract with the City at the time of defect. Any payment by the City on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. B. Correcting Defects Covered Under Warranty The bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5) calendar days after the City notifies the bidder of such deficiency in 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 City may, at its discretion, notify the bidder, in writing, that the bidder may be debarred as a City bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten (10) calendar days of receipt of the notice. If the bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the bidder in 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 City for this work or items; either through a credit memorandum or through invoicing. 3.12. APPROVAL BY EMERGENCY FINANCIAL OVERSIGHT BOARD The State of Florida has appointed an Emergency Financial Oversight Board ("Oversight Board") which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Execution of this contract by the City Manager shall constitute evidence of its approval by the Oversight Board. 3.13. INSPECTION All work will be inspected and approved by the Contract Administrator before payment is issued. Page 2 of 4 9 8 - 841 City of Miami, Florida Special Conditions (Continued) Bid No. 97-98-141 submit this documentation to the City within five (5) working days after the bid opening in the best interest of the City. The Contractor shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their Bid, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specifications shall be construed as establishing any contractual relationship between any subcontractor and the City. The bidder shall be fully responsible to the City for the acts and omissions of the subcontractor and their employees, as for acts and omissions of persons employed by bidder. 3.21. SERVICE AND FACILITIES The contractor shall maintain and/or operate a service/repair facility within the Miami -Dade County area and shall provide reasonably prompt service and/or repair. Page 4 of 4 "" 841 City of Miami, Florida Special Conditions (Continued) Bid No. 97-98-141 3.14. PERFORMANCE The contractor will be responsible for performing the work necessary to meet City standards in a safe, neat, and good workmanlike manner, using only generally accepted methods in carrying out the work, and complying with all federal and state laws, and all ordinances and codes of the City relating to such work. 3.15. APPLICABLE STANDARDS The City reserves the right to reject work, or materials if it does not meet the requirements set forth in these Specifications, and must meet the requirements set forth herein upon arrival at the site, at the time of installation, at the time of final inspection, and upon acceptance of completed project. There shall be no substitution of equipment or materials unless authorized in writing, in advance, by the City of Miami General Services Administration Department. 3.16. INSPECTION FOR COMPLETION AND PAYMENT Upon completion of the installation, an inspection for completion of work will be held. The Contractor shall notify the General Services Administration Department for scheduling of the inspection three (3) work days prior to the anticipated inspection date. The GSA Department will decide if work is ready for inspection and will request the Contractor to establish the time and date of inspection and notify all concerned parties to be present. At the time of the completion inspection, if the materials are in whole. or substantially acceptable, a notice will be provided to the Contractor that the final acceptance is approved and payment will be made. 3.17. ASSIGNMENT Neither the Bid nor the ensuing Contract shall be transferred, conveyed, assigned, or disposed of, in whole or in part, without the prior written consent of the City, which may be withheld or conditioned, in the City's`' sole discretion. 3.18. PERSONNEL Bidder shall be deemed to represent that it has, or will have upon the award of the Contract, all necessary personnel required to perform all services arising from the award of the Contract. All personnel employed shall be employees of Bidder. All the services required herein shall be performed by the successful Bidder, and all personnel engaged in performing the services shall be fully qualified to perform such services. All employees employed by the Bidder shall be considered to be at all times the sole employees of the Bidder under his/her direction and not an employee of the City. The Bidder shall supply competent and physically capable employees and the City may require the Bidder to remove an employee it deems careless, insubordinate, or otherwise and whose continued employment is not in the best interest of the City. 3.19. EXAMINATION OF THE WORK The City shall be furnished with every means to verify whether or not the materials and work are in accordance with the requirements and intent of these specifications. Failure to reject or condemn defective work at the time it is done will Rot prevent its rejection whenever it is discovered before the project is finally approved and accepted. 3.20. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED As part of its Bid, the Bidder is required to identify any and all Subcontractors that will be used in the performance of the proposed contract, their capabilities, experience, minority designation as defined in Ordinance 10062 and the portion of the work to be done by the Subcontractor. Failure to identify any and all subcontractors in the Bid shall render the Bid non -responsive; provided, however, that the low bidder may Page 3 of 4 98- 841 TIME PERIOD From: 1994 to Present CITY OF MIAMI SUMMARY OF CONTRACTS AWARDED FOR: INSTALLATION OF LIGHT BARS AND SIRENS AWARDED TO: Metro USA Bid No. 97-98-141 $39,500 Q0051:304t][133: -�i Miami -Dade No. 5038-3/99-2 97-98-109 PRIOR CONTRACT AWARD: NONE DOLLAR AMOUNTS $149,115.00 (GSA) $ 53,460.00 (GSA) SUMMARY OF CONTRACTS. DOC 98- 841 CITY OF MIAMI OFFICE OF THE CiT .ERK BID SECURITY LIST - BID ITEM: L I GHBARS BID NO.: 97-98=141 DATE BID(S) OPENED: DULY 20, 1998 TIME 11:00 a.m. BIDDER TOTAL BID AMOUNT BID BOND (ER) CASHIER'S CHECK 14ETRO USA, INC. See attached bid NO BID K & K SERVICES OAKS WHSL..DIST. AMERICAN GENUINE AUTO VEHICLE MAINTENANCE PROGRAM Person= — - received ( J ) envelopes on behalf o;? recei id(s) PURCHASING DEPARTMENT on 7-.2/— (City Department) (Date) SIGNED: / Deputy City- Clerk CITY OF MIAMI ADVERTISEMENT FOR BIDS Sealed bids will be received by the City of Miami City Clerk at his office located at City Hall, 3500 Pan American Drive, Miami, Fl. 33133 for the following: BID NO.97-98-121 Purchase a Confined Space Rescue Communication Kit, Confined Space Model CSI-RES-KIT 1, Part #0103-04-012 for the Department of Fire - Rescue. NO SUBSTITUTIONS are allowed. OPENING DATE: 10:00 A.M. July 20, 1998 BID NO.97-98-141 Furnishing of all labor, parts and materials necessary for the installation of lightbars and sirens for police and fire emergency response vehicles for the Department of General Services Administration. OPENING DATE: 11:00 A.M. July 20, 1998 Detailed specifications for these bids are available upon request at the City of Miami, Purchasing Department, 444 SW 2nd Avenue, Sixth Floor, Miami, FI. 33130. Telephone No. 416-1904. Donald H. Warshaw City Manager AD NO.5304 & 5305 CITY OF MIAMI LOGO r r T � 0 zW Y City of Miami o< °a�(o F��• REQUISITION FOR ADVERTISEMENT This number must appear in the advertisement INSTRUCTIONS: Please type and attach a copy of the v nt with this i" n. 1. Department: 2. Division: 3. Account Code number: 4. Is this a confirmation: 5. Prepared by: ❑ Yes ❑ No 6. Size of advertisement: 7. Starting date: 8. Telephone number: 9. Number of times this advertisement is to be 10. Type of advertisement: published: ❑ Le al ❑ Classified ❑ Display 11. Remarks: 12. Publication Date(s) of Invoice No. Amount Advertisement 4. C)-. 13. ❑ Approved ❑ Disapproved Department Director/Designee Date Approved for Payment Date I C JGS/PC 503 Rev. 12/89 1 Routing: Forward White and Canary to G.S.A. (Procurement Management) and retain mnK copy. DISTRIBUTION: White - G.S.A.; Canary - Department