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R-98-0846
J-98-911 8/28/98 RESOLUTION NO. 9 8 - 846 A RESOLUTION ACCEPTING THE BIDS OF SOVEREIGN CONSTRUCTION, INC., FOR THE FURNISHING AND INSTALLATION OF STEEL PICKET FENCING AT SEWELL, ALICE WAINWRIGHT, AND ATHALIE RANGE CITY PARKS, IN THE AMOUNT OF $62,456.49, AND RONALD M. GIBBONS, FOR THE FURNISHING AND INSTALLATION OF STEEL PICKET FENCING AT CORAL GATE CITY PARK, IN THE AMOUNT OF $15,404.00, FOR A TOTAL COST OF $77,860.49, FOR THE DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS THEREFOR FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM FUNDS AS APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, ADOPTED MARCH 24, 1998. WHEREAS, the City Commission, pursuant to Resolution No. 97-875 adopted December 9, 1997, authorized the City Manager to submit applications and accept grants from Miami -Dade County for projects designated for the Safe Neighborhood Park Bond Program first year funding cycle; and WHEREAS, the Safe Neighborhood Park Bond Program allocation for the City of Miami is $21,675,000.00; and WHEREAS, the City of Miami submitted grant applications for the first year funding cycle to fund a variety of projects totaling $7,798,800.00; and WHEREAS, the projects include erection of new buildings, I:h: 1 • SEP 8 1998 a..mb3do. X& 98- 84f building renovations, lighting improvements, pool renovations, and land acquisitions; and WHEREAS, in an effort to expedite the implementation of said grants, and pursuant to public notice, invitations were mailed to forty-six (46) potential bidders and eight (8) bids were received on August 11, 1998 for the provision of this service; and WHEREAS, funds are available from the Safe Neighborhood Park Bond Program Funds as appropriated by Capital Improvement Ordinance No. 11623, as amended, adopted March 24, 1998; and WHEREAS, the City Manager and the Director of the Department of Parks and Recreation recommend that the bids received from Sovereign Construction, and Ronald M. Gibbons, be accepted as the lowest most responsible and responsive bids; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSSION 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 August 11, 1998 bids submitted by Sovereign Construction, Inc. for the furnishing and installation of steel picket fencing at Sewell, Alice Wainwright, and Athalie Range city parks, in the amount of $62,456.49, and Ronald M. Gibbons, for the furnishing and installation of steel picket fencing at Coral Gate city park, in the amount of $15,404.00, for a total cost of $77,860.49, for the Department of Parks and Recreation, are hereby approved, with funds therefor hereby - 2 - 98- 846 allocated from the Safe Neighborhood Parks Bond Program funds as appropriated by Capital Improvement Ordinance No. 11623, as amended, adopted March 24, 1998. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.1/ PASSED AND ADOPTED this 8th day of September , 1998. ATTEST: JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation now becomes effective with the elapse of ten (10) days from the date of Commissicn action regarding same, without the Mayor exercisi a ve . Walter J. o n City Clerk WALTER J. FOEMAN CITY CLERK APPROV 7AS FO CORRECTNESS R 0 I TTORNEY W2865:CSK:kc 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 - 98- 846 TABULATION OF BID FURNISHING AND INSTALLATION OF STEEL PICKET FENCE AT VARIOUS PARKS: BID NO. 97-98-175 VENDORS: Sovereign Construction Ronald M, Gibbons 2300 SW 94 Avenue, #200 1301 NW 198 Street Miami, FL 33172 Miami, FL 33169 Female/Dade Black/Dade Est. Unit of Unit Extended Est. Unit of Item Description Qty._ Measure Price Price Otv Mewire 1. Furnishing of all labor, materials and equipment necessary to install galvanized and painted tubular steel picket fence at the below listed parks: A. Sewell Park 1) 8' galvanized, painted, tubular 783 I.f. steel picket fence 2) 18' double gate 3) 17' double gate Subtotal: 1 ea I ea 4) Provision for Special Items Total for Item A (1-4) B. Alice Wainwright Park 1) 10' galvanized, painte,d tubular 600 I.f. steel picket fence 00 2) Provision for Special Items I Total for Item A (1-4) 00 *LOCAL VENDOR (S) IS NOT WITHIN 10% OF THE LOWEST BID Prepared by Maritza Fresno, 8/11/98 $ 24.23 /if $ 18,972.09 783 I.f. $ 494.00 /ea $ 494.00 ! 1 $ 494.00 /ea $ 494.00 1 $ 19,960.09 $ 500.00 $ 20,460.09 $ 33.08 /If $ 19,848.00 600 $ 1,000.00 ' $ 20,848.00 Page 1 of 6 ea ea Unit Price Professional Welding, Inc 675 NW 5th Street Miami, FL 33128 I-lispanic/Local Extended Est. Unit of Unit Price Qty. Measure Price $ 27.30 /If $ 21,375.90 ''' 783 $ 504.00 /ea $ 504.00 1 $ 476.00 /ea $ 476.00 1 $ 22,355.90 ' Extended Price LC $ 34.36 /If $ 26,903.88 ea ea $ 500.00 $ 22,855.90 Lf. $ 35.24 /If $ 21,144.00 600 l.f. $ 980.00 /ea $ 980.00 $ 900.00 /ea $ 900.00 $ 28,783.88 $ 500.00 $ 29,G J8 $ 48.50 /If $ 29,100.00 $ 1,000.00 ` $ 1,000.00 $ 22,144.00 - $ 30,100.00 Approval: Pepartment Dir clor/Designee TABULATION OF BID FURNISHING AND INSTALLATION OF STEEL PICKET FENCE AT VARIOUS PARKS: BID NO. 97-98-175 VENDORS: Sovereign Construction Ronald M. Gibbons Professional Welding, Inc. 2300 SW 94 Avenue, #200 1301 NW 198-Street 675 NW 5th Street Miami, FL 33172 Miami, FL 33169 Miami, FL 33128 Female/Dade Black/Dade Elispanic/Local 1 Est. Unit of Item Description Qty. Measure C. Athlanie Range Park 1) 8' galvanized, painted, tubular steel picket fence 2) 12' double gate 3) 6' single gate Subtotal: 810 11. 2 ea 1 ea 4) Provision for Special Items Total for Item A (1-4) D. Coral Gate Park 1) T galvanized, painted, tubular 790 steel picket fence 2) 12' double gate 1 3) 5' single gate 1 Subtotal: 4) Provision for Special Items I Total for Item A (1-4) �y Prepared by Maritza Fresno, 8/11/98 Unit Extended Est. Unit of Price Price Qty. Measure $ 23.74 /If $ 19,229.40 810 1.f. $ 383.00 /ea $ 766.00 ' 2 ea $ 153.00 /ea $ 153.00 -' 1 ea $ 20,148.40 $ 1,000.00 $ 21,148.40 IT $ 17.75 /If $ 14,022.50 790 ea $ 304.00 /ea $ 304.00 1 ea $ 143.00 /ea $ 143.00 ' 1 $ 14,469.50 $ 1,000.00 $ 15,469.50 Page 2 of 6 I.f. ea ea Unit Extended Est. Unit of Price Price Qty. Measure $ 27.30 /If $ 22,113.00 ; 810 I.f. $ 350.00 /ea $ 700.00 2 ea $ 200.00 /ea $ 200.00 1 ea $ 23,013.00 $ 1,000.00 $ 24,013.00 $ 17.60 /If $ 13,904.00 790 l.f. $ 300.00 /ea $ 300.00 1 ca $ 200.00 jea $ 200.00 1 ea $ 14,404.00 Unit Extended Price Price $ 30.55 /If $ 24,7" 50 $ 1,200.00 /ca $ 2,400.00 $ 300.00 /ea $ 300,00 $ 27,445.50 $ 1,000.00 $ 28,445.50 $ 22.30 /If $ 17,617.00 $ 1,200.00 /ca $ 1,200.00 $ 180.00 /ca $ 180.00 $ 18,997.00 $ 1,000.00 $ 1,000.00 $ 15,404.00 $ 19,997.00 Approval: Department Dirt/Designee R 1.0,0 TABULATION OF BID FURNISHING AND INSTALLATION OF STEEL PICKET FENCE AT VARIOUS PARKS: BID NO. 97-98-175 VENDORS: Item Description I. Furnishing of all labor, materials and equipment necessary to install galvanized and painted tubular steel picket fence at the below listed parks: A. Sewell Park 1) 8' galvanized, painted, tubular steel picket fence 2) 18' double gate 3) IT double gate Subtotal: 4) Provision for Special Items Total for Item A (1-4) B. Alice Wainwright Park 1) 10' galvanized, painte,d tubular steel picket fence 2) Provision for Special Items Total for Item A (1-4) Prepared by Maritza Fresno, 8/11/98 L.A.W. Construction, Inc. 9507 SW 160 Street #220 Miami, FL 33157 Black/Dade Est. Unit of Unit Extended Qty. Measure Price Price 783 Lf. 1 ea I ea 600 I.f. $ 28.00 /if $ 21,924.00 $ 1,000.00 /ea $ 1,000.00 $ 1,000.00 /ea $ 1,000.00 $ 23,924.00 $ 500.00 $ 24,424.00 $ 39.00 /If $ 23,400.00 $ 1,000.00 $ 24,400.00 Page 3 of 6 R. Tarafa General Contractor, Inc. 7150 SW 62 Avenue # 101 Miami, FL 33143 I-lispanic/Dade Est. Unit of Unit Extended Qty. Measure Price Price 783 I.f. 1 ea I ea 600 L f. $ 30.19 /If $ 23,638.77 $ 1,498.00 /ea $ 1,498.00 $ 1,414.00 /ea $ 1,414.00 $ 26,550.77 $ 500.00 $ 27,050.77 $ 38.62 /If $ 23,172.00 $ 1,000.00 $ 24,172.00 / Approval: Pe partment Dire /Designee TABULATION OF BID FURNISHING AND INSTALLATION OF STEEL PICKET FENCE AT VARIOUS PARKS: BID NO. 97-98-175 VENDORS: L.A.W. Construction, Inc. R. Tarafa General Contractor, Inc. 9507 SW 160 Street #220 7150 SW 62 Avenue # 101 Miami, FL 33157 Miami, FL 33143 Black/Dade I lispanic/Dade i Est. Unit of Unit Extended Est. Unit of Unit Extended Item Description ! Qty. Measure Price Price Qty. Measure Price Price C. Athlanie Range Park 1) 8' galvanized, painted, tubular 810 1.f. $ 28.00 /If $ 22,680.00 810 1.f. $ 25.10 /If $ 20,331,00 steel picket fence 2) 12' double gate 2 ea $ 766.00 /ea $ 1,532.00 2 ea $ 998.50 /ea $ 1,997.00 3) 6' single gate 1 ea $ 396.00 /ea $ 396.00 : 1 ea $ 499.00 /ea $ 499.00 Subtotal: $ 24,608.00 $ 22,827.00 4) Provision for Special Items $ 1,000.00 $ 1,000.00 Total for Item A (1-4) $ 25,608.00 $ 23,827.00 ' ! D. Coral Gate Park 1) 4' galvanized, painted, tubular 790 1.f. $ 25.69 /If $ 20,295.10 790 1.f. $ 23.49 /If $ 18,557.10 i steel picket fence 2) 12' double gate 1 ea $ 608.00 /ea $ 608.00 1 ca $ 499.00 /ea $ 499.00 E 3) 5' single gate 1 ea $ 285.20 /ea $ 285.20 i 1 ea $ 208.00 /ea $ 208.00 Subtotal: $ 21,188.30 $ 19,264.10 4) Provision for Special Items $ 1,000.00 $ 1,000.00 Total for Item A (1-4) $ 22,188.30 $ 20,264.10 Fp+ �j Approval: epartment Dire Designee Prepared by Maritza Fresno, 8/11/98 Page 4 of 6 TABULATION OF BID FURNISHING AND INSTALLATION OF STEEL PICKET FENCE AT VARIOUS PARKS: BID NO. 97-98-175 VENDORS: Fence Masters, Inc. Murray Fence Company C.S. Randolph, Inc. 3550 NW 54 Street 1776 NW 23 Terr 8995 NW Ist Avenue Miami, FL 33142 Miami, FL 33142 EI Portal, FL 33150 Non-Minority/Dade Non-Minority/Local BlacklNon-Local Est. Unit of Unit Extended Est. Unit of Unit Extended Est. Unit of Unit Extended Item Description Qty. Measure Price Price t y. Measure Price Price Qty.. Measure Price Price I. Furnishing of all labor, materials and equipment necessary to install galvanized and painted tubular steel picket fence at the below listed parks: A. Sewell Park 1) 8' galvanized, painted, tubular 783 Lf. $ 36.75 /If $ 28,775.25 783 1.f. $ 44.00 /If $ 34,452.00 783 I.f. $ 59.33 /If $ 46,455.39 steel picket fence 2) 18' double gate 1 ea $ 1,168.00 /ea $ 1,168.00 1 ea $ 1,584.00 /ea $ 1,584.00 1 ea N/A /ea 3) 17' double gate I ea $ 1,135.00 /ea $ 1,135.00 1 ea $ 1,496.00 /ea $ 1,496.00 1 ea N/A /ea Subtotal: $ 31,078.25 $ 37,532.00 $ 46,455.39 4) Provision for Special Items $ 500.00 $ 500.00 $ 500.00 Total for Item A (1-4) $ 31,578.25 $ 38,032.00 $ 46,9- .J9 B. Alice Wainwright Park 1) 10' galvanized, painte,d tubular 600 I.f. $ 51.80 /If $ 31,080.00 600 I.f. $ 48.00 /lf $ 28,800.00 600 1.f. $ 69.88 /If $ 41,928.00 steel picket fence I 2) Provision for Special Items $ 1,000.00 $ 1,000.00 $ 1,000.00 Total for Item A (1-4) $ 32,080.00 $ 29,800.00 $ 42,928.00 Approval: Department Dire/Designee Prepared by Maritza Fresno, 8/11/98 Page 5 of 6 TABULATION OF BID FURNISHING AND INSTALLATION OF STEEL PICKET FENCE AT VARIOUS PARKS: BID NO. 97-98-175 VENDORS: Fence Masters, Inc. Murray Fence Company C.S. Randolph, Inc. 3550 NW 54 Street 1776 NW 23•Terr 8995 NW Ist Avenue Miami, FL 33142 Miami, FL 33142 El Portal, FL 33150 Non-Minority/Dade Non-Minority/Local Black/Non-Local I Est. Unit of Unit Extended Est. Unit of Unit Extended Est. Unit of Unit Extended Item Description Qty. Measure Price Price Qty. Measure Price Price Qty. Measure Price Price C. Athlanie Range Park 1) 8' galvanized, painted, tubular 810 I.f. $ 36.75 /If $ 29,767.50 810 Lf. $ 44.00 /If $ 35,640.00 i 810 1.f. steel picket fence 2) 12' double gate 2 ea $ 805.00 /ea $ 1,610.00 2 ea $ 1,056.00 /ea $ 2,112.00 2 ea 3) 6' single gate I ea $ 456.00 /ea $ 456.00 1 ea $ 528.00 /ea $ 528.00 1 ea Subtotal: $ 31,833.50 $ 38,280.00 4) Provision for Special Items $ 1,000.00 Total for Item A (1-4) $ 32,833.50 i D. Coral Gate Park 1) 4' galvanized, painted, tubular 790 Lf. $ 25.40 /lf $ 20,066.00 790 steel picket fence 2) 12' double gate 1 ea $ 597.00 /ea $ 597.00 1 3) 5' single gate 1 ea $ 220.00 /ca $ 220.00 1 Subtotal: $ 20,883.00 C.� (DO 4) Provision for Special Items $ 1,000.00 Total for Item A ( 1 -4) $ 21,883.00 l70 �J Prepared by Maritza Fresno, 8/11/98 Page 6 of 6 $ 1,000.00 $ 39,280.00 I.f. $ 33.00 /If $ 26,070.00 790 ea $ 792.00 /ea $ 792.00 1 ea $ 330.00, /ea $ 330.00 1 $ 27,192.00 $ 58.34 /If $ 47,2" 40 N/A /ea N/A /ea $ 47,255.40 $ 1,000.00 $ 48,255.40 Lf. $ 43.04 /If $ 34,001.60 ea N/A /ca ca N/A /ca $ 34,001.60 $ 1,000.00 $ 1,000.00 $ 28,192.00 $ 35,001.60 Approval: d,6 Department Direc / esignee TO: Honorable Mayor and Members of the City Commission FROM: onald H. Warshaw City Manager RECOMMENDATION: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: SUBJECT: REFERENCES: ENCLOSURES: CA=25 AUG 2 5 10-c FILE: Authorizing the Furnishing and Installation of Steel Picket Fence at Four (4) City Parks Bid No. 97-98-175 It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the furnishing and installation of Steel Picket Fence at three (3) City parks, Sewell, Alice Wainwright, and Athalie Range Parks from Sovereign Construction Group, Inc., a Female/Dade County vendor, located at 2300 SW 94th Avenue, #200, Miami, Florida 33172, in the amount of $62,456.49; and Ronald M. Gibbons, a Black/Dade County vendor located at 1301 NW 198 Street, Miami, Florida 33169, for the furnishing and installation of steel picket fence at one (1) City park, Coral Gate Park, in the amount of $15,404.00, for the Department of Parks and Recreation for a total cost not to exceed $77,860.49. Funding is available from Safe Neighborhood Parks Bond Program funds appropriated in Capital Improvement Ordinance No. 11623, as amended, adopted March 24, 1998 for Capital Projects. BACKGROUND: On December 9, 1997, the Miami City Commission authorized the City Manager to submit applications and accept grants from Miami -Dade County for projects designated for the Safe Neighborhood Parks Bond Program first year funding cycle. The Safe Neighborhood Parks Bond Program total allocation for the City of Miami is $21,675,000.00. The City of Miami submitted grant applications for the first year funding cycle totaling $7,798,800.00, to fund a variety of projects which include new buildings, building renovations, lighting, other site improvements, pool renovations, and land acquisition projects. Among the site improvement projects are the purchase and installation of steel picket fence at four (4) City parks. The Departments of Parks 81 Recreation along with the Procurement Department, has analyzed bids received pursuant to Bid No. 97-98-175. Forty-six (46) invitations for bids were mailed and eight (8) responses were received. Sovereign Construction Group, Inc.; and Ronald M. Gibbons were deemed as the lowest responsive and responsible bidders, and are therefore recommended for awards. 4_A_ MemoSWPeenmVarPks97-9&175 " " 846 13.1 OLD Jwirviv..rsa^—.. - --- Mailing Date: July 24,1993 Bid No.: 97-98-175 Bayer. Maritsa Fnmo Telex te• 305-416-1907 Please quote on this form(s) net prices for the item(s) attached Return sigaed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this bid. Prices should be fan for a minimum of 90 days. Reference to manufacturers' names or catalog numbers are for ideadfication only. If alternates are quoted, complete information must be given. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. 988-15: FURNISIIING & INSTALLATION OF STEEL PICKET FENCE AT VARIOUS CITY PARKS We have read your Invitation for Bid, completed the necessary documents, and propose to famish and deliver, F.O.B. DESTINATION, the items or service specified herein. ALL BIDS MUST BE SUBMITTED IN TRIPLICATE OR YOUR BID MAY BE DISQUALIFIED. L G number of calendar days required to complete work after Notice to Proceed or issuance of purchase order. . 4 % number of calendar days required before commencement of work. Delivery will be made within -4 0 calendar days after receipt of purchase order. Terms: 20/6-10 days Net 30 days Additional discount Of % if awarded all items: finchide cash discount for prompt paAnsoor:l ment, if any) Other Discounts: Contact Person/Telephone: Q r Q C E A n Term of Warranty for equipment: S ` J e c s Term of Warranty for labor. All exceptions to this bid have been documented in the section below. EXCEPTIONS: I certify that any and all information contained in this bid is true; and I further certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud I agree to abide by all terms and conditions of this bid and certify that I am authorized to sign this bid for the bidder. Please print the following and sign your name: Firm's Name: C_-iOV6t8 i 6n eOn 4ru C* o'+ Principal Business Address: 2300 S • W 014 1100 K t Mailing Address: E-Mail Address: 305) q-1© --15"15 Fax: (3.0 5 ) W7 O - 7 Name: - --, Q pt cx rA n an Authorized Beeper:_ 6.1 BID INFORMATION FORM Mailing Date: July 24,1998 Bid No.: 97-98-175 Buyer: Maritza Fresno Telephone: 305-416-1907 Please quote on this form(s) net prices for the item(s) attached. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this bid. Prices should be firm for a minimum of 90 days. Reference to manufacturers' names or catalog numbers are for identification only. If alternates are quoted, complete information must be given. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. 988-15: FURNISHING & INSTALLATION OF STEEL PICKET FENCE AT VARIOUS CITY PARKS We hive read your Invitation for Bid, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or service specified herein. ALL BIDS MUST BE SUBMITTED IN TRIPLICATE OR YOUR BID MAY BE DISQUALIFIED. q p number of calendar days required to complete work after Notice to Proceed or issuance of purchase order. 14 number of calendar days required before commencement of work. Delivery will be made within'- 10 4 calendar days after receipt of purchase order. Terms: 20/6-10 days Net 30 days x Additional discount of I .0 % if awarded all items. (include cash discount for prompt payment, if any) Other Discounts: Contact Personfrelephone:Ronald M. Gibbons (305)652-5845 Term of Warranty for equipment: 1 Year Term of Warranty for labor. 1 Year All exceptions to this bid have been documented in the section below. EXCEPTIONS: I certify that any and all information contained in this bid is true; and I further certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. I agree to abide by all terms and conditions of this bid and certify that I am authorized to sign this bid for the bidder. Please print the following and sign your name: Firm'sName: Ronald M. Gibbons Principal Business Address: 1301 NW 198 s t . Miami, Florida 33169 Mailing Address: 1301 NW 19 8 t b Street Miami. Florida 33169 E-Mail Address: Telephone; (305) 652-5845 Fax: 3V' J07G-7JV7 Name: Rona m. Gibbons Title: Owner Authorized Signa e: Beeper: ( 3 0 50 3 3 4 5 8 98- 846 City of Miami, rionaa 6.5 ' 'NDOR BACKGROUND INFORM "ION INSTRUCTIONS: This questionnaire is to be included with your bid. Do not leave any questions unanswered. When the question does not apply, write the woid(s)'"None", or "Not Applicable", as appropriate. Please print. COMPANYNAME: Ronald M. Gibbons COMPANY OFFICERS: President Secretary COMPANY OWNERSEEM Ronald M. Gibbons Vice President Treasurer Z-1 LICENSES: 1. County or Municipal Occupational License No. 3 0— 2 9 4 6 7 2 2 (attach copy with bid) 2. Occupational License Classification_ 3. Occupational License Expiration Date: September 1998 4. Metro -Dade County Certificate of Competency No. 000009356 (attached copy if requested in Bid or RFP) 5. cial S or Federal I.D. No. 2 61— 9 6— 5 0 3 5 EXPERIENCE: 6. Number of Years your organization has been in business: 26 Years 7. Number of Years experience BIDDER/PROPOSER (person, principal of firm, owner) has had in operation of the type required by the specifications of the Bid or RFP: 26 Years 8. Number of Years experience BIDDER/PROPOSER (firm, corporation, proprietorship) has had in operation of the type required by the specifications of the Bid or RFP: 26 Years BID AWARD RECOMMENDATION FORM BID NUMBER: 97-98-175 COMMODITY/SERVICE: STEEL PICKET FENCE AT VARIOUS CITTYA RE DEPARTMENT / DIVISION: PARKS & RECREATION TERM OF CONTRACT: SHORT TERM CONTRACT NUMBER OF BIDS DISTRIBUTED: (46) FORTY SIX NUMBER OF BIDS RECEIVED: (8) EIGHT METHOD OF AWARD: LOWEST RESPONSIVE AND RESPONSIBLE BIDDER RECOMMENDED VENDOR(Sh STATUS: CONTRACT VALUE: Sovereign Construction Female/Dade County $62,456.49 Ronald M. Gibbons Black/Dade County _$15,404.00 TOTAL: $77,860.49 THE FOLLOWING TO BE COMPLETED BY USER DEPARTMENT: JUSTIFICATION: ACCOUNT CODE(Sh DEPARTMENT APPROVAL: epartmen rector/ Designee BUDGET REVIEW APPROVAL: Dipak M. Parekh Director PURCHASING OTHER FUNDING APPROVALS, IF APPLICABLE: TITLE: PAGE 2 OF 2 J 98- 846 BID NUMBER: 97-98-175 COMMODITY / SERVICE: STEEL PICKET FENCE AT VARIOUS CITY. --'PARKS DEPARTMENT/CONTACT PERSON: MARIA PEREZ - PARKS & RECREATION DIRECTIONS TO COMPLETE BID AWARD RECOMMENDATION FORM ON TIRE 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 foams 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/Contract Section at 416-1907 questions. /11---�-X� -1 APPROVAL TO FORW TO DEPARTMENT/OFF should you have any BIDRECOM.DOC 7/17/98 PAGE 1 OF 2 City of Miami, Florida Bid No. 97-98-175 2. 0 GENERAL TERMS AAD CONDITIONS FOR THE PURCHASE OF SERVICES IATEV7: 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. , 2.4. ASSIGNMENT OF CONTRACT - The contractor shall not assign, transfer or subcontract, at any time during the term of the Contract, or any part of his/her operations, or assign any portion or part of the Contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 2.5. AUDIT RIGHTS AND RECORDS RETENTION - The Contractor agrees to provide access to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of the contractor which are directly pertinent to this Contract, for the purpose of audit, examination, excerpts, and transcriptions. The Contractor shall maintain and retain any and all books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancelTifion:of this contract by. the City. 2.6. AVAILABILITY OF CONTRACT TO OTHER GOVERNMENTAL AGENCIES - Any Governmental Unit in Dade, Broward or Palm Beach Counties, Florida, may avail itself of this contract and purchase any and all items specified herein from the successful bidder(s) at the contract price(s) established herein. Each Governmental unit which uses a contract(s) resulting herefrom, will establish its own contract, place its own orders, issue its own purchase orders, be invoiced therefrom and make its own payments and issue its own exemption certificates as required by the bidder. 2.7. AWARD OF CONTRACT A. The IFB, Bidder's response, any addenda issued and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract. B. The award of a Contract where there are Tie Bids will be decided by the Director of Purchasing or designee. C. The award of this Bid may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. The Bidder shall be in default -of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where the Bidder is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's Response and may accept the Bid from the next lowest responsive, responsible bidder or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from the Bidder and its bid bond or guarantee, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's default. Rev. 6/8/98 9 8 - 846 City of Miami, Florida Bid No. 97-98-175 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 goveniments 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 9 pp 846 City of Miami, Florida Bid No. 97-98-175 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. L 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 Disabilities 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 Hazards (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 (501o) or more of the total assets of capital stock in the your firm. 2.15. CONTRACT AND BONDS - The bidder whose bid is accepted may be required, within the time established in the IFB, to enter into a written contract with the City, and if required, furnish performance and payment bonds on City standard forms in the amounts indicated in the IFB. 2.16. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder to meet any terns 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- 846 City of Miami, Florida Bid No. 97-98-175 A. Failure to perform the work required under the Contract and/or within the time required; or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as non conforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 2.17. 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 inclusise 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 - 8.46 City of Miami, Florida Bid No. 97-98-175 (1) bids will only be considered from firmstsole 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 equipped and well established firm/sole proprietorship in line with the best industry practices in the industry as determined by the City. (2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City or any other governmental entity in making the award. (3) The City may require the Bidder's to show proof that they are designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Bid. 2.19. FIRM PRICES - The bidder warrants that prices, terms, and conditions quoted in his/her bid will be firm throughout the duration of the contract unless otherwise specified in the IFB. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over the designated period of time. 2.20. INDEMNIFICATION - The Contractor shall indemnify and save harmless forever the City, and all the City's agents, officers and employees from and against all charges or claims resulting from any bodily injury, loss of life, or damage to property from any act, omission or neglect, by Bidder or its employees; the Contractor shall become defendant in every suit brought for any of such causes of action against the City or the City's officials, agents and employees; the Contractor shall further indemnify City as to all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims and any resulting investigation. 221. INSPECTION O&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 Game 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 Sneed 110 percent of the lowest responsible and responsive bidder. Rev. 6/8/98 9 O— 846 City of Miami, Florida Bid No. 97-98-175 2.25. MINORITY/ PROCUREMENT PROGRAM - Ordinance No. 1062, 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. UtiIizing minority firm(s) as subcontractor(s). 3. Utilizing minority firm(s) to supply goods and/or services. 4. Successful implementation of well defined affirmative action program. 5. Other forms of minority participation, if properly documented. Successful bidder(s) shall be required to establish an Affirmative Action Plan, if not, an Affirmative Action Policy shall be established, pursuant to Ordinance #10062 as amended. Effective date of implementation must be indicated on the policy. A "Minority Status Information Sheet" in Section 6.7 is provided to assist bidders in presenting information concerning minority participation. Minority and women business firms are encouraged, but not required, to register with the City prior to submitting bids. The Purchasing Department will provide the necessary forms and instructions upon request. All bidders are urged to submit bids for any goods or services that they are able to supply, regardless of minority classification. However, compliance with all requests for information regarding Minority/Women Status or Participation is required. Bidder's cooperation is greatly needed to aid the City in achieving its goal. 2.26. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS OR CONTRACTS No agreement or understanding to modify this IFB and resultant purchase orders or contracts shall be binding upon the City unless made in 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. NONDISCRIAHNATION - Bidder agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this solicitation. Furthermore, Bidder agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal fmancial 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 98- 84C City of Miami, Florida Bid No. 97-98-175 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 E - 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 famished 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 Furst 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 8_ 846 City of Miami, Florida Bid No. 97-98-175 2.35. RESOLUTION OF PROTEST - Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a contract may protest in writing to the Director of Purchasing/Chief Procurement Officer who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders are alerted to Ordinance No. 11072 describing the protest procedures. Protests failing to meet the requirements for filing shall not be accepted. Failure of a party to timely file shall constitute a forfeiture of such parry'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. TERMINATION - The City reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: 1. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract and/or to have failed to perform his/her services in a manner satisfactory to the City. In the event the contractor is found to be in default, the contractor will be paid for all labor and materials provided as of the termination date. No consideration will be .given for anticipated loss of revenue or the canceled portions of the contract. 2. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience. Funds are not available to cover the cost of the services. The City's obligation is contingent upon the availability of appropriate funds. 2.39. VARIATIONS OF SPECIFICATIONS For purposes of bid evaluation, bidders must indicate any variances from bid specifications and/or conditions, no matter how slight. If variations are not stated on the Price Sheet, it will be assumed that the service to be provided fully complies with the City's specifications. Rev. 6/8/98 9 8- 846 CIIYOFMIAMI, FLORIDA Bid No. 97-98-175 3.0. SPECIAL CONDITIONS 3.1. SCOPE AND PURPOSE: It is the intention of the City of Miami to establish a short-term contract for steel picket fencing at various City parks for the Department of Parks and Recreation. 3.2.. METHOD OF AWARD Award of this contract will be made to the lowest responsive, responsible bidder(s) who offers the lowest price bid on an item by item, a combination of items, or a total of all items, whichever is in the best interest of the City.. 3.3. PRICES SHALL BE FIXED AND FIRM If the bidder(s) is awarded a contract under this bid solicitation, the prices proposed by the bidder shall remain fixed and firm during the full completion of the work according to specifications. 3.4. APPROVAL BY EMERGENCY FINANCIAL OVERSIGHT BOARD The State of Florida has appointed an Emergency Financial Oversight Board (Oversight Board) which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Issuance of an authorized Purchase Order shall constitute evidence of its approval by the Oversight Board. 3.5. BIDDER QUALIFICATIONS: Bids shall be considered only from firms that are regularly engaged in the business of providing the services described in this IFB; that have a record of performance for a reasonable period of time; and that have sufficient financial support equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein cited. a) As a pre -requisite to the submission of a bid, the Bidder shall hold a valid Certificate of Competency for Fencing issued by the State or County Examining Board qualifying said person, firm, corporation or joint venture to perform the work proposed. The Bidder shall submit a copy of said Certificate of Competency with the bid. 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. 3.6. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Mr. Charles Hudson, Parks Planning Coordinator, who shall be designated as the Contract Administrator and who may be contacted at telephone number (305) 416-1312. All work will be inspected and approved by the Contract Administrator before payment is issued. 3.7. WORKMANSHIP AND MATERIALS All parts installed and materials used in performance of this contract shall be unused, and or new (of current design or manufacture). Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of the highest quality and shall conform to all applicable Building Codes, so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship. CITY OF MIAML FLORIDA SPECIAL CONDITIONS (CONT -D) BID NO. 97-98-175 3.8. LICENSES AND PERMITS Services performed for the city will require licenses and permits in the same manner as private construction projects within the City. The contractor shall secure, at his expense, all licenses and permits and shall comply with all applicable laws, regulations and codes as required by the State of Florida, or by the South Florida Building Code. The contractor and/or equipment supplier must fully comply with all federal and state laws, county and 'municipal ordinances, and regulations in any manner affecting the prosecution of the work. 3.9. 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. 3.10. 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. The Contractor shall have labor crews controlled and directed by a foreman who will provide coordination between the job site and the City. 3.11. DAMAGE The contractor shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the contractor, at his expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one (1) month from date damage was done). 3.12. UTILITIES Prior to commencement of work, the contractor shall familiarize himself with the location of all existing utilities and facilities within the work sites. Should damage or structural weakening occur to such items through negligence on the part of the contractor, immediate corrective measures shall be taken by, and at the expense of the contractor as directed by the City. 3.13. CONTRACTOR TO BE REPRESENTED The contractor at all times must either be personally present at the worksite or be represented at the worksite by a responsible agent or agents designated by the contractor in written notice to the City prior to the beginning of work. Such notification shall include pertinent data such as addresses, phone numbers, etc., where said agent or agents may be contacted at any time of the day or night. The agent or agents shall be clothed with full authority to act for the contractor in all cases, and to carry out any instructions relative to the work may be given by the City. The agent or agents shall be the primary representative for the Bidder and all communications given to and all decision made by the agent or agents shall be binding to the Bidder. Notwithstanding, the agent or agents shall be considered to be, at all times, an employee of the Bidder under its sole direction and not an employee or agent of the City. 3.14. EXAMINATION OF WORK The City shall be furnished with every means to verify whether or not the materials and work are in accordance with the requirements and intent of these specifications. Failure to reject or condemn defective work at the time it is done will not prevent its rejection whenever it is discovered before the project is finally approved and accepted. Page 2 of 5 9 846 CITY OF MIAMI, FLORIDA SPECIAL CONDITIONS (CONT'D) BID NO, 97-98-175 3.15. USE OF PREMISES The contractor shall confine his equipment, apparatus, the storage of materials, and the operation of his workmen on the limits indicated by law, ordinances, permits, or direction of the project manager, and shall not unreasonably encumber the premises with his materials. The contractor shall take all measures necessary to protect his own materials. 3.16, LIQUIDATED DAMAGES FOR INCOMPLETE PROJECTS Upon failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated, the bidder shall be subject to charges for liquidated damages in the amount of $100.00 for each and every calendar day the work remains incomplete. As compensation due the City for loss of use and for additional costs incurred by the City due to such noncompletion of the work, the City shall have the right to deduct the said liquidated damages from any amount due or that may become due to the bidder under this agreement or to invoice the bidder for such damages if the costs incurred exceed the amount due to the bidder. 3.17. IN -PROCESS AND COMPLETED WORK Inspections of in -process work shall be made as often as deemed necessary by the City. Work not properly performed or at variance to the contract provisions -bid specifications shall be redone to the City's satisfaction at no additional charge. Approval of any work prior to final acceptance shall not preclude rejection of completed work that does not meet specifications or that is unsatisfactory. 3.18. WARRANTY A. Type of Warranty Coverage Required In addition to all other warranties that may be supplied by the bidder, the bidder shall wan -ant 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 City. This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the bidder is under contract with the City at the time of 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 convecting 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. Aluminized fabric shall have a 25 year factory warranty against failure due to rust or corrosion in normal applications. The warranties stated above shall be provided to the City in written form from date of acceptance. 3.19. 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 under the terms and conditions of this contract. Any fines levied by the above mentioned authorities because of Page 3 of 5 98- 846 CITY OF MIAMI, FLORIDA SPECIAL CONDITIONS (CONT'D) BID NO. 97-98-175 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 City's authorized representative. 3.20. FURNISH AND INSTALL REQUIREMENTS These specifications describe the various functions and classes of work required as necessary for the completion of the project. Any technical omissions of functions or classes within the sections of these specifications shall not relieve the bidder from furnishing, installing or performing such work where required to the satisfactory completion of the project. 3.21. LABOR, MATERIALS AND EQUIPMENT SHALL BE SUPPLIED BY THE BIDDER Unless otherwise provided in the 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 equipment shall be subject to the inspection and approval of the City's authorized representative. 3.22. WORKDAY DEFINED The normal work day shall start at 8:00 a.m. and end at 5:00 p.m. The hourly rate charge shall commence on the job site; all travel time expenses shall be borne by the bidder and will not be reimbursed by the City. 3.23. UNDERGROUND SERVICE LINES The contractor shall be responsible to request from appropriate utility companies physical locations of all underground lines. Contractor shall be responsible for repairs of any broken service line as a result of his work activities. 3.24. FINAL CLEAN-UP . Upon completion of the work specified herein and before acceptance and final payment shall be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials and, temporary structures, if applicable. All disposal of materials, rubbish and debris shall be made at a legal disposal site or by other prior approved manner. Debris shall not be dumped in any location other than a legal disposal site, and to do so will subject Contractor to removal from the Contract and the withholding of payment by the City. Material cleared from the site and deposited on an adjacent or nearby property is not acceptable. It shall be the responsibility of the contractor for payment should a contractor receive a fine or other penalty for illegal or improper dumping. 3.25. PERSONNEL Bidder shall be deemed 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. 3.26. SUB -CONTRACTORS Sub -contractors are not allowed under this solicitation without the written authorization by the City. 3.27. WORK ACCEPTANCE The installation of fencing will be inspected by an authorized City representative to determine acceptance of the work and compliance with specifications. Should the work performed be deemed not satisfactory in Page 4 of 5 �. R U CITY OF MIAMI, FLORIDA SPECIAL CONDITIONS (CONT'D) BID NO. 97-98-175 the sole discretion of the City, the successful bidder shall perform such work until the City accepts the same as satisfactory. 3.28. PROVISION FOR SPECIAL ITEMS Items so entitled on the Price Sheet shall be the Cash Allowance Sum per Project, and in the amount indicated. These shall be included in the bid to provide funds for payment for items of work not foreseen at the time of bidding. Payment from these bid items will be made only as directed by the proper representative of the Parks and Recreation Department. Funds not spent from these sums shall revert to the City. 3.29. JOB CONDITIONS A pre -construction meeting will be scheduled with the successful bidder prior to any construction activity. The Contractor shall determine the locations of all underground utilities and structures, and perform the work in a manner which will avoid possible damage. Hand excavate, as required, to minimize possibility of damage of such items. Should underground or overhead structures conflict with equipment installations, the Contractor shall consult with the Parks and Recreation Department regarding adjustment of equipment locations. The Contractor is responsible for immediate repair of any damage to other installations, caused by this work. 330. INSPECTION FOR COMPLETION AND PAYMENT Upon completion of the equipment installation, an inspection for completion of work will be held. The Contractor shall notify the Parks and Recreation Department for scheduling of the inspection three (3) work days prior to the anticipated inspection date. The Parks and Recreation 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. Page 5 of 5 9 Q 846 jty of Miami, Florida Bid No. 97-98-175 6.5 �'NDOR BACKGROUND INFORM_ [ION INSTRUCTIONS: This questionnaire is to be included with your bid. Do not leave any questions unanswered. When the question does not apply, write the word(s) "None", or "Not Applicable", as appropriate. Please print. COMPANY NAME: �r-2 COMPANY OFFICERS: President Q (-ace % n S o..) !, c n Secretary _ G ; o A L COMPANY OWNERSHIP: C:rC-Ce_ an C,0r'C'k:) n..., 'g- 'O'iyo, -Ve r Vice President O � Perez Gee �r �� o Treasurer I a l'cJ- o A L q 3 %;of ownership to % of ownership % of ownership % of ownership LICENSES: 1. County or Municipal Occupational License No. c� 0 t a 5 2 - -7 (attach copy with bid) (2, 2. Occupational License Classification 3. Occupational License Expiration Date: I Ol Z ?n/'5 `7 4. Metro -Dade County Certificate of Competency No. l - C 5 3 (.0 (attached copy if requested in 'Bid or RFP) 5. Social Security or Federal I.D. No. rj Ct Z Z (.08 EXPERIENCE: 6. Number of Years your organization has been in business: 7. Number of Years experience BIDDER/PROPOSER (person, principal of firm, owner) has had in operation of the type required by the specifications of the Bid or RFP: (e 8. Number of Years experience BIDDER/PROPOSER (firm, corporation, proprietorship) has had in operation of the type required by the specifications of the Bid or RFP:_4 98- 846