HomeMy WebLinkAboutR-98-0984J-98-1047
10/6/98 f� q
RESOLUTION N0. 9 `� "
84
A RESOLUTION ACCEPTING THE BID OF WEATHERTROL
MAINTENANCE CORP., FOR THE REPLACEMENT OF THE
AIR CONDITIONING COOLING TOWER FOR THE
DEPARTMENT OF POLICE, AT A TOTAL COST NOT TO
EXCEED $49,655.00; ALLOCATING FUNDS THEREFOR
FROM THE CAPITAL IMPROVEMENTS PROGRAM,
ACCOUNT CODE NO. 312015.299401.6.840.
WHEREAS, the Department of Police Central Headquarters
building air conditioning cooling tower requires replacement
because the tower is 22 years old and unable to efficiently cool
the newly installed air chiller; and
WHEREAS, Invitations for Bid. No. 97-98-166 were mailed to
43 potential bidders and two bids were received; and
WHEREAS, pursuant to public notice, sealed bids were
received August 12, 1998, for the replacement of the air
conditioning cooling tower for the Department of Police; and
WHEREAS, funds for said cooling tower will be allocated from
the Capital Improvements Program, Account Code
car coox
MEETING of
0 C T 13 1998
&ssowwM Na
98-- 984
No. 312015.299401.6.840; and
WHEREAS, the City Manager and the Chief of Police recommend
the replacement of the air conditioning cooling tower from
Weathertrol Maintenance Corp. be accepted as the lowest
responsive and responsible bidder;
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 of Weathertrol Maintenance Corp. for
the replacement of the air conditioning cooling tower for the
Department of Police is hereby accepted at a total cost not to
exceed $49,655.00; with funds therefor hereby allocated from the
Capital Improvements Program, Account Code
No. 312015.299401.6.840.
Section 3. This Resolution shall become effective
- 2 - 98- 984
iTmnediately upon its adoption and signature of the Mayor.1/
PASSED AND ADOPTED this 13th day of October , 1998.
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 Commission action
regarding same, without the Mayo&,exerci*RM Wo. /1 `-', I
ATTEST:
WALTER J. FOEMAN
CITY CLERK
AND CORRECTNESS:t/
W2983:BSS
Clerk
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 - 984
CITY OF MIAMI OFFICE OF THE CIA, :LERK
BID SECURITY LIST
BID ITEM:
BID NO.:
DATE BID(S) OPENED:
REPLACEMENT OF COOLONG TOWER
n
97-98-166
AUGUST 12, 1998 TIME 12:00 m
BIDDER
'
TOTAL BID
AMOUNT
BID BOND (ER)
CASHIER'S CHECK
WEATHERTROL 14AINT. CORP.
See attached bid
TEMPTROLAIR CONDITIONAL INC.
"
NO BID
APPLIED SYSTEMS
CARRIER BSS
AIR CONDITIONING PLUS, INC.
CITY AIR INC.
.. ft 2 a
t .,'.*
receiv--d ti13 my as cf ,c c bo ti= a a an,
; q ("" -t v
7` R'
are hereby re ec«3 as 1Lte.n
76
! .0 .AZ
received
Pe� n r ei ini bid(s)
PURCHASING DEPARTMENT on
(City Department)
(.,u envelopes on behalf
of
SIGNED•
eputy City Clerk
CITY OF MIAMI r
ADVERTISEMENT FOR BID
Sealed bids will be received by the City of Miami City Clerk at his office located at City Hall,
3500 Pan American Drive, Miami, FI. 33133 for the following:
BID NO.97-98-166 Replacement of Cooling Tower at 400 NW 2nd Avenue, Miami, Florida.
OPENING DATE: 12:00 P.M. Wednesday, August 12, 1998
Detailed specifications for this bid are available upon request at the City of Miami, Purchasing
Department, 444 SW 2nd Avenue, Sixth Floor Miami, Florida 33130, Telephone No. 416-1904.
Donald H. Warshaw CITY OF MIAMI
City Manager LOGO
AD NO. 5320
=W r,
;.,,, o
City of Miami
REQUISITION FOR ADVERTISEMENT
This number must
appear in the
advertisement.
INSTRUCTIONS: Please type
and attach a copy of the v i
m nt with this reauisition.
1. Department:
2. Division:
3. Account Code number:
4. Is this a confirmation:
❑ Yes ❑ No
5. Prepared by:
6. Size of advertisement:
7. Starting date:
B. Telephone number:
9. Number of times this advertisement is to be
published:
10. Tye of advertisement:
Ll Legal ❑ Classified ❑
Display
11. Remarks:
12.
Publication
Date(s) of
Advertisement Invoice No.
Amount
13.
❑ Approved
❑ Disapproved
Department Director/Designee Date
Approved for Payment
Date
C IGS/PC 503 Rev. 12/89 ] White
G.
White d Canary
an ^a to G.S.A.
S.A. (Procurement Management) and retain Pink Copy.
DISTRIBUTION:
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor and Members
of the City Commission
FROM: Do ald H. Warshaw
City Manager
RECOMMENDATION
CA-8
2 199
F;
DATE: FILE:
SUBJECT: Proposed Resolution
REFERENCES: Replacement of Air
Conditioning Cooling Tower
ENCLOSURES: Bid No. 97-98-166
It is respectfully recommended that the City Commission adopt the attached Resolution accepting
the bid of Weathertrol Maintenance Corp., a Local/Hispanic vendor, located at 7250 N.E. 4`b
Avenue, Miami, Florida 33138, for the replacement of the Air Conditioning Cooling Tower, at a
total proposed amount of $49,655.00.
Funding is available from the Capital Improvement Program, Account Code No.
312015.299401.6.840.
BACKGROUND
The Police Department has analyzed the bids received pursuant to Bid No. 97-98-166. Forty-three
(43) invitations for bid were mailed and two (2) responses were received. Weathertrol
Maintenance Corp., submitted the lowest most responsive and responsible bid and is, therefore,
recommended for award.
The Police Department's Central Headquarters Building air conditioning cooling tower needs to be
replaced. An inspection by service technicians revealed that the cooling tower is approximately
twenty-two (22) years old and is unable to efficiently cool the newly installed air chiller.
DHW:Imr
981-- 984
,4
AU817 1998
LEGISLATION
Wz
BIDNUMBER: 97-98-166
COMMODITY / SERVICE: Replacement A/C Cooling Tower
DEPARTMENT/CONTACT PERSON: Lourdes Rodriquez
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 Resohrtion for submission to the Agenda Office for
Commission approval.
Should the department not concur with the recommendation for award, FAX separate justification memo to
Purchasing immediately. Emergency procurements are exempt.
IN ADDITION TO THE ABOVE DOCUMENTS, PLEASE RETURN A COMPLETED "CONTRACT
REVIEW AND ANALYSIS FORM" ALONG WITH THE SCI SCREEN "ACCOUNT SUMMARY"
FOR SAID COMMODITY/SERVICE IN PREPARATION FOR THE PRESENTATION AND APPROVAL
OF THE BID/CONTRACT BEFORE THE OVERSIGHT BOARD.
Contact Pamela Burns
any questions.
APPROVAL TO FORWARD
TO DEPARTMENT/OFFICE:
of the Bid/Contract Section at 416-1905-Wx1E should you have
,.
I r
ud S. Carter
Director of Purchasing
0lqyDATE:
i -
BID"COM.DOC 8/8/97 PMZ 1 OF 2 9 Q 984
BID AWARD RECOMMENDATION FORM
BID NUMBER: 97-98-166 COMMODITY/SERVICE:Replacement of A/C Cooling Tower
DEPARTMENT / DIVISION: Police
TERM OF CONTRACT. short Term Contract
NUMBER OF BIDS DISTRIBUTED: 43 NUMBER OF BIDS RECEIVED: 2
METHOD OF AWARD: To the lowest most raanong iyp k rAgpnna; hl c hi ririar macfi ng
specifications.
RECOMMENDED VENDOR(S): STATUS: CONTRACT VALUE:
Weathertrol Maintenance Corp. Local/Hispanic $49,655.00
TOTAL:
THE FOLLOWING TO BE COMPLETED BY USER DEPARTMENT:
JUSTIFICATION- The Police Department's Central Headquarters Building air conditioning
cooling tower needs to be replaced. An inspection by service technicians
revealed that the cooling tower is approximately 22 years old and is
unable to efficiently cool the newly installed air chiller.
ACCOUNT CODE(Sh 312015. 299401. 6. 840 (Capital Improvement Program)
DEPARTMENT APPROVAL: BUDGET RIQnEW APPROVAL: PURCHASING APPROVAL:
1`1%91
Deqartment Director/ Ipak M. Parekh J dy S. Carter
sin Director rector
OTHER FUNDING APPROVALS, IF APPLICABLE: TITLE: i C
(PAGE 2 OF 2 �'
orida9 Bid No. 97-98-166
6.1 BID INFORMATION FORM.
Mailing Date: July 27,1998 Buyer: Pamela Burns
Bid No.: 97-98-166 Telephone: 305-416-1905
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.
J ._I l4..-.+!�.:.�... ��'aS.�..-bf•N�,,,.4✓T..: .;�F fh�,;: ��91. �.a� � yY/ �-�1 a�'^� -� 1! 1 i. t f �.!•b•:,� �I i s %v-.., ��.i�! � .. ..
�r
SHORT TERM CONTRACT
906-44: REPLACEMENT OF AIR CONDITION COOLING TOWER
We have 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.
• GO Ib"CS number of calendar days required to complete work after Notice to Proceed or issuance of
purchase order.
number of calendar .,days required before commencement of work.
Delivery will be made within 2 S calendar days after receipt of purchase order.
Terms: 20/6-10 days _ Net 30 days .
Additional discount of — % if awarded all items.
(include cash discount for prompt payment, if any) Other Discounts:
Contact Person/Telephone: :LS tX>20 C . 60 (23A
Term of Warranty for equipment: -i F'es'
Term of Warranty for labor 1 Y'EA2�
All exceptions to this bid have been documented in the section below.
EXCEPTIONS: • Cc�F-[ �1 � E� c7 6iZd Nt : c� CoJ ip I � p �or
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: Wei E 20\ � � • 0e Telephone- C`Os) 905 - icio
Principal Busine4s Address: Fax: O - 1
.
7250 #-AS -4 bJE , +�ltb.-tt , �L 3 'i�� Name: +'U20 C . A
Mailing Address: Title:
-72 5JO -Jr-- -liT LJE *'l+ on t L Authorized Sign e:
E-Mail Address: CE EOEeTlo v- @ O d OeT. Beeper: 27
e-k+. 0 Fr
98— 984
Bid No. 97-98-166
6.9
d
PRIMARY OFFICE LOCATION
AFFIDAVIT
Please type or print clearly. This Affidavit most be completed in full, signed and notarized ONLY if your primary office is located
within the corporate limits of the City of Miami.
.1 Legal Name ofFirm: Entity Type: (check one box only) Q Partnership
`^�T+iEQ'(jZpt �`�Dt►.1'TEtJ1C� cloop , 0 Sole Proprietorship Corporation
Corporation Doc. No: Date Established: Occupational License No: Date of Issuance:
VE.ti si 311ar.: C��-. 6i o_ '. i1t4�1 1E71s�°11 _� 1�-'isiu.-te�G,I m.�sl..- is c9�'M„'�Y:•"""'�a` 4ii,'' •:�
StreetPRESENT
City: i,A l ,` State: T-- L 33 i �8 How long at this location:
PREVIOUS
Street Address: 7 L�Co r AE -lil o C+
City: J�� ��l State �L How long at this location:
According to Section 18-52.1(h) of the City of Miami Code, as amended:
The "City Commission may offer to a responsible and responsive local bidder, whose primary office is located in the City otMiami, the
opportunity of accepting a bid at the low bid amount, if the original bid amount submitted by the local bidder does not exceed 110 percent of the
lowest other responsible and responsive bidder."
The intention of this section is to benefit local bona fide bidders/proposers to
of the City of NUmi,
I (we) certify, under penalty of perjury, that the primary office location of our
the advantage granted bona fide local bidders/proposers by this section.
(Corporate Seal)
development within the corporate limits
bEen established with the sole purpose of obtaining
.isl �o C 2,7A
the
uthorize Signature
Print Name
Tide
(Must be signed by the corporate Secretary of a Corporation or one general pamer of a partnership or the proprietor of a sole proprietorship or all
partners of a joint venture.)
STATE OF FLORIDA, COUNTY OF DADE
p Personally known to me; or
Su 'bed d Swom before me this is a true statement this // day of 4y4ys 7-199 6 Produced identification:
Orlando Perez
~�f *MY Commission CC736840
N rc, Stx7z
My Commission expires Xp �p0 (Seal)
April 26. 2002
(�,2G.4•c1�
Printed name of Notary Public
Please submit with your bid copies of Occupational License, professional and/or trade License to verify local status. The City of Miami
also reserves the right to request a copy of the corporate charter, corporate income tax filing return and any other documents(s) to
verify the location of the firm's primary office.
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY THIS BID.
98- 984
onda Bid No. 97-98-166
6.5 VNDOR BACKGROUND INFORMr, TION
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: Y F-
COMPANY OFFICERS:
,cI i 1=�� 1C� 20
President asrz>20 G • -E ?jz� Vice President I A
Secretary �1� 12 OS �p A Treasurer Nb,..kt>o �E F-
COMPANY OWNERSHIP:
Am -% of ownership
% of ownership
% of ownership
% of ownership
LICENSES:
1. County or Municipal Occupational License No.
(attach copy with bid) f
2. Occupational License Classification G t-1 COOP ,2 - �e F 1=5Z1s f A-IECr-` 0 11 Ca 1
3. Occupational License Expiration Date: Sp-lI/ bo / Cie, ,
4. Metro -Dade County Certificate of Competency No.
(attached copy if requested in Bid or RFP)
5. Social Security or Federal I.D. No. 59 1 2CO 2 i d9
EXPERIENCE:
6. Number of Years your organization has been in business: 29 + i S
7. Number of Years experience BIDDER/PROPOSER (person, principal Qf firm. owner) has had in operation
of the type required by the specifications of the Bid or RFP:
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: 2g .
98- 984
City of Miami, Florida
Bid No. 97-98-166
2.0
GENERAL TERMS AND CONDITIONS FOR THE PURCHASE OF SER VICES
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.
2.4. ASSIGNMENT OF CONTRACT - The contractor shall not assign, transfer or subcontract, at any time
during the term of the Contract, or any part of his/her operations, or assign any portion or part of the
Contract, except under and by virtue of written permission granted by the City through the proper officials,
which may be withheld or conditioned, in the City's sole discretion.
2.5. AUDIT RIGHTS AND RECORDS RETENTION - The Contractor agrees to provide access to the City, or
to any of its duly authorized representatives, to any books, documents, papers, and records of the contractor
which are directly pertinent to this Contract, for the purpose of audit, examination, excerpts, and
transcriptions. The Contractor shall maintain and retain any and all books, documents, papers and records
pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters
are closed. Contractor's failure to adhere to, or refusal to comply with, this condition shall result in .the
immediate cancellation of this contract by the City.
2.6. AVAILABILITY OF CONTRACT TO OTHER GOVERNMENTAL AGENCIES - Any Governmental
Unit in Dade, Broward or Palm Beach Counties, Florida, may avail itself of this contract and purchase any
and all items specified herein from the successful bidder(s) at the contract price(s) established herein.
Each Governmental unit which uses a contracts) 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_ 984
City of Miami, Florida
Bid No. 97-98-166
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
98- 9 A
City of Miami, Florida
Bid No. 97-98-166
agree to comply ...,.n 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 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 (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
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 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
City of Miami, Florida
Bid No. 97-98-166
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 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 g- 984
City of Miami, Florida
Bid No. 97-98-166
(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
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. FII2M 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.
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 9 8 - 9 8
City of Miami, Florida
Bid No. 97-98-166
2.25. MINORITY/ PROCUREMENT PROGRAM - Ordinance No. 10062, as amended, entitled the Minori
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 fain "...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 fors 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 firs 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. NONDISCR ONVATION - Bidder agrees that it shall not discriminate as to race, sex, color, age, religion,
national origin, marital status, or disability in connection with its performance under this solicitation.
Furthermore, Bidder agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex,
color, age, religion, national origin, marital status or disability, be excluded from the participation in, be
denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.
In connection with the conduct of its business, including rendition of services and employment of personnel,
Bidder shall not discriminate against any person on the basis of race, color, religion, disability, age, sex,
marital status or national origin. All persons having appropriate qualifications shall be afforded equal
opportunity for employment
2.28. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in
the City and submitting a Bid under this IFB shall meet the City's Occupational License Tax requirements in
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
City of Miami, Florida
Bid No. 97-98-166
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 ENTITY CRIMES - A person or affiliate who has been place on the convicted.vendor list
following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a. contract with a public entity for the construction or
repair of a public building or public work, may not submit a bid on a lease of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017 of Florida Statutes for Category Two for a period of 36 months from
the date of being placed on the convicted vendor list.
2.32. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to
all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida
Statutes, and Sec. 18-104 of the City Code, and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable law. Contractor failure or refusal to comply with the
provision of this section shall result in the immediate cancellation of this Contract by the City.
2.33. QUALITY OF WORK - The work performed must be of the highest quality and workmanship. Materials
furnished to complete the service shall be new and of the highest quality except as otherwise specified in this
IFB.
2.34. RESOLUTION OF CONTRACT DISPUTES - Contractor understands and agrees that all disputes
between Contractor and the City based upon an alleged violation of the terms of this Contract by the City
shall be submitted to the City Manager for his/her resolution, prior to Contractor being entitled to seek
judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds
S4,500.00, 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. e/8/98 • _ 9 4
City of Miami, Florida
Bid No. 97-98-166
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 worlmianship is to be fast 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 focits 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 " - 984
3.0 SPECIAL CONDITIONS
3.1 SCOPE AND PURPOSE:
It is the intent of the City to establish a contract for the removal and proper disposal of the existing cooling tower,
and the provision and installation of one (1) Marley Cooling Tower (Model NC-5201), or approved equal, at the
Miami Police Department Administration Building, 400 N.W. 2' Avenue, Miami, Florida.
3.2 EXAMINATION OF SITE
Each bidder is required, prior to submitting a bid, to inspect the site, and to acquaint himself/herself with the needs
and requirements of the specified job. The bidder is further required to carefully examine the specifications and to
inform himself thoroughly, regarding any and all conditions and or requirements that may in any manner affect the
work to be performed. No allowances will be made because of lack of knowledge of these conditions.
Location: Miami Police Department Administration Building
400 N.W. 2"' Avenue
Miami, Florida 33131
Contact Person: Captain Joseph Longueira, Telephone: (305) 579-6524. Pager: (305) 483-8728.
Bidders shall contact Capt. Longueira to make an appointment to inspect the job site.
3.3 METHOD OF AWARD
Award of this contract will be made to the lowest most responsive and responsible bidder meeting specifications.
3.4 NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this contract, then the City, upon written notice to Contractor or his assignee of such
occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City.
3.5 APPROVAL BY EMERGENCY FINANCIAL OVERSIGHT BOARD
The State of Florida has appointed an Emergency Financial Oversight Board ("Oversight Board") which is
empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be binding
on the City until such time as they have been approved by the Oversight Board. Execution of this contract by the
City Manager shall constitute evidence of its approval by the Oversight Board.
3.6 BIDDER QUALIFICATIONS
In order to maintain the City's property at a high level, the City is seeking qualified contractors who have
experience and provides quality service. Bids shall be considered only from firms that are regularly engaged in the
business of providing air conditioning mainenance services as described herein. The Bidder shall:
a) Have been in the business for not less than three (3) years in the provision of similar services requested
herein.
b) Provide personnel who possess the Miami -Dade County Air Conditioning Mechanical Journeyman license or
Journeyman General Mechanical license. Proof of these current licenses must be provided with Bid
submittal.
c) Have no record of pending lawsuits or criminal activities and not have conflicts of interest which may be of
embarrassment to the City.
98- 984
CITY OF MIAMI, FLORIDA SPECIAL CONDITIONS (CONT.) BID NO. 97-98-166
d) Not submit a bid should the contractor have any member, officer, or stockholder that is in arrears or is in
default of any debt or contract involving the City, is a defaulter or surety otherwise, upon any obligation to
the City, and/or has failed to perform faithfully any previous contract with the City.
f) Provide at least one (1) Letter of Reference on the reference's letterhead reflecting experience in
performing similar work in the past. This letter should contain the nature of the work performed by bidder;
the date the work was performed; value of contract if known; quality of work performed; and the timeliness
for the initiation and completion of this work. All references may be verified by the City for authenticity and
quality of work performed by the bidder. The Bidder should submit the letter of reference with the bid
response.
3.7 ASSIGNMENT
Neither the Bid nor the ensuing Contract shall be transferred, conveyed, assigned, or disposed of, in whole or in
part, without the prior written consent of the City, which may be withheld or conditioned, in the City's sole
discretion.
3.8 CANCELLATION
The City Manager by written notice may terminate in whole or part any Agreement resulting from this invitation,
when such action is in the best interest of the City. If the Agreement is so terminated, the City shall be liable only
for payment for services rendered prior to the effective date of termination.
3.9 COMPLIANCE WITH FEDERAL STANDARDS
All items to be purchased under this bid shall be in accordance with all governmental standards, to include, but not
limited to, those issued by the office of Safety and Health Administration (OSHA), the National Institute of
Occupational Safety Hazards (TIIOSH), and the National Forest Products Association (NFPA).
3.10 EMPLOYEES
All personnel of the successful bidder must be covered by Workmen's Compensation, unemployment compensation
and liability insurance, a copy of which is to be provided to the City. All persons employed by the Contractor shall
be considered to be at all times the sole employees of the Contractor under his sole discretion and not an employee
or agent of the City.
3.11 LAWS, PERMITS AND LICENSES
The contractor shall obtain and pay for all licenses, permits and inspection fees as may be required for this project.
Damages, penalties, and/or fines imposed on the City for the Bidder for failure to obtain required licenses, permits
or fines shall be borne by the Bidder. Additionally, copies of all licenses required to complete this work should be
included with this bid.
3.12 MATERIALS AND EQUIPMENT
The Bidder shall furnish, at his/her own expense, all equipment, materials or supplies, including gasoline and oil,
necessary for completion of all the services specified in this Bid.
3.13 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.
3.14 WORKMANSHIP AND MATERIALS
All equipment installed and used in performance of this contract shall be new (of current design or manufacturer).
Salvage materials will not be allowed. All materials and workmanship shall be of the highest quality and shall
conform to all applicable Building Codes so as to ensure safe and functional operation. The City shall be the sole
judge as to parts and workmanship.
98- 984
CITY OFMIAMI, FLORIDA SPECIAL CONDMONS (CONT.) BID NO. 97-98-166
3.15 SAFETY MEASURES
Contractor shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at
all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against
hazards created by his/her operation and work in progress must be posted.
3.16 CLEAN-UP
All usable materials and debris shall be removed from the premises, if applicable. At completion, the successful
bidder shall thoroughly clean up all areas where work has been involved.
3.17 DEFAULT OF CONTRACT
In case of default by the bidder or contractor, the City may procure the services from other sources and hold the
bidder or contractor responsible for any excess costs incurred.
3.18 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.
319 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY BIDDER:
The successful bidder shall furnish all labor, materials, and equipment necessary for satisfactory contract
performance.
3.20 WARRANTY
Equipment and worlananship hereinafter specified shall be fully guaranteed by the Contractor against factory
defects. Equipment shall have five (5) year warranty from the manufacturer on all mechanical equipment and gear
drive. Any defects may occur as the result of either faulty material or worlananship within the period of the
manufacturer's standard warranty will be corrected by the Contractor without expense to the City of Miami.
3.21 WARRANTY, FITNESS FOR PURPOSE
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.
In the event the equipment supplied to the City by the Bidder do not conform to specifications, the City reserves the
right to (1) cancel the order and return such equipment to the Bidder at the Bidder's expense or (2) require the
Bidder to replace the equipment at the Bidder's expense.
3.22 SUBCONTRACTING
The Contractor shall not assign the contract or enter into subcontracts for any of the work described herein without
the advance written approval by the City. Strict adherence to this condition is required.
3.23 INDEMNIFICATION:
The successful Bidder shall defend, indemnify and save harmless the City of Miami and all its officers, agents, and
employees from all suits, actions, or other claims of any character, name and description brought for or on account
of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act
or fault of the successful bidder, or of any agent, employee, subcontractor or supplier in the execution of, or
performance under, any contract which may result from the award of bid. Successful bidder shall pay any judgments
with cost which may be obtained against the City of Miami growing out of such injury.
y • •
CITY OF MIA All FLORIDA SPECIAL CONDITIONS (CONT) BID NO. 97-98-166
3.24 LIQUIDATED DAMAGES
The successful bidder shall at all times guard against damage to or loss of property of the City and of any others,
and shall replace or repair any loss or damage unless such be caused by the City, other vendor or other Contractors.
The City may withhold payment or make such deductions as it might deem necessary to insure reimbursement for
loss or damage to property through negligence of the successful proposer or his -her agent.
3.25 - CONTRACT ADMINISTRATOR
Upon issuance of contract award, contractor shall report and work directly with Ms. Lourdes Rodriguez, Contract
Administrator, and who may be contacted at telephone number (305) (305) 579-6413.
3.26 INQUIRIES
Questions regarding this bid should be directed to Ms. Pamela Burns, Sr. Procurement Contracts Officer, at (305)
416-1905.
3.27 AS OR EQUAL
Manufacturer's name, brand name and/or model number when used in these specifications are for the sole purpose
of establishing minimum requirements of levels of quality, standards of performance and design required. They are
in no way intended to prohibit the bidding of other manufacturer's brands of equal material, quality, design and
standards of performance, unless the wording NO SUBSTITUTION is used.
3.28 YEAR 2000 COMPLIANCE WARRANTY
The contractor warrants that each item delivered, developed or modified under this contract shall be able to
accurately process date data (including, but not limited to, calculating, comparing, and sequencing) from, into, and
between the twentieth and twenty-first centuries, including leap year calculation, when used in accordance with the
item documentation provided by the contractor, provided that all items used in combination with other designated
items properly exchange date data with it. The duration of this warranty and the remedies available to the City for
breach of this warranty shall be as defined in, and subject to, the terms and limitation of any general warranty
provisions of this contract, provided that notwithstanding any provision to the contrary in such warranty
provision(s), or in the absence of any such warranty provision(s), the remedies available to the City under this
warranty shall include repair or replacement of any item whose warranty shall include repair or replacement of any
item whose non-compliance is discovered and made known to the contractor in writing within ninety (90) days of
discovery. Nothing in this warranty shall be construed to limit any rights or remedies the City may otherwise have
under this contract with respect to defects other than year 2000 performance.
3.29 YEAR 2000 REMEDY CLAUSE (EQUIPMENT)
In the event of any decrease in equipment functionality related to time and date related codes and internal
subroutines that impede the equipment from operating beyond the Millennium Date Change, Licensors and Vendors
of Licensors products, agree to immediately make required corrections to restore equipment to the same level of
functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of
the licensee, time being to the essence.
3.30 TECHNICAL DRAWINGS
Bidders shall supply technical drawings/manufacturer's literature of equipment offered so that the City can review
them before making an award.
3.31 PROVISION FOR SPECIAL ITEMS
Items so entitled on the Bid Sheet shall be the maximum Cash Allowance Sum for Project, and in the amount
indicated. This shall be included in the bid to provide funds for payment for items of work not foreseen at the time
of bidding. Payment from these bid items will be made only as directed by the proper representative of the Police
Department. Funds not spent from these sums shall revert to the City.
4 98- 984
ITEM: DESCRIPTION:
1 Disposal of Existing Tower, and
Provision and Installation of new
Cooling Tower
Proposed Manufacturer:
Model Number
2 Provision for Special Items
(not to exceed $3,000.00)
TOTAL COST
Exceptions:
Time required to initiate
work upon receipt of P.O.
Time for completion of
all work.
Warranty for Equipment
Warranty for Labor
C.p
On
Approve .
J S. Carter
C'
ctor
TABULATION OF BIDS
REPLACEMENT OF AIR CONDITIONING COOLING TOWER
BID NO. 97-98-166
Weathertrol Maintenance Corp. Temptrol A/C Inc.
7250 N.E. 4th Avenue 4215 S.W. 72nd Avenue
Miami, Fla. 33138 Miami, Fla. 33155
Local / Hispanic Dade / Hispanic
TOTAL COST TOTAL COST
$ 46,655.00 $ 60,576.00
Evapco Marley
AT 12-512 B NC 5201 Galvanized
$ 3,000.00 $ 3,000.00
$ 49,655.00
• Computer Program for Tower
" Premium time
N/ R
60 days
5 years
1 year
$ 63, 576.00
• Steel Support Hot
Dip Galvanized
" Overtime work
8-10 week Tower
delivery
3 days
5 yrs mechan. equip, gear drive
1 year from date of completion
Approved:
Director esi nee
Prepared by: Pamela Burns, 8/12/98