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HomeMy WebLinkAboutR-98-0989J-98-1010 10/2/98 RESOLUTION NO. 9 8— 9 8 9 A RESOLUTION ACCEPTING THE BID OF STATIONARY POWER SERVICES, INC., FOR THE REMOVAL AND REPLACEMENT OF THREE POWER INVERTER SYSTEMS CITY-WIDE, AT A TOTAL COST NOT TO EXCEED $38,970.00; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, ACCOUNT CODE NO. 506000.420601.6.840. WHEREAS, power inverter systems operate three radio transmission/repeater sites within the city and are essential for radio communications for the Police, Fire -Rescue and other city departments; and WHEREAS, these systems require removal and replacement to properly operate; and WHEREAS, the project to replace and remove the system will run concurrently with and is a component of the Uninterrupted Power Supply (UPS) projects planned for the Orange Bowl, Fire College, and Fire Station No. 11 transmitter/receiver sites; and WHEREAS, pursuant to public notice, invitations for Bid No. 97-98-107 were mailed to 17 potential bidders for this project; and WHEREAS, one sealed bid was received on July 15, 1998; and WHEREAS, funding is available from the Department of General Services Administration, Communications Division Operating LWAKS'01 Ir ;�► �: jai �.• ®CT 1 3 1998 Rewlutlon No. 98- 989 Budget, Account Code No. 506000.420601.6.840; and WHEREAS, the City Manager and the Director of General Services Administration recommend that the bid received from Stationary Power Services, Inc., be accepted as the only responsive and responsible bid; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The bid received on July 15, 1998 from Stationary Power Services, Inc., for the removal and replacement of three power inverter systems city-wide, at a total cost not to exceed $38,970.00, is hereby accepted, with funds therefor hereby allocated from the Department of General Services Administration, Account Code No. 506000.420601.6.840. Section 3. This Resolution shall become effective 2 989 immediately upon its adoption and signature of the Mayori1. 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 epprnv+ of this legislation by signing it in the designated place provided, saial becomes effective with the elapse often (10) days from the date of Cornrm' 16 icn acticn regarding same, without the Mayor exerc eto. ATTEST:10 MaLowFooman, City Clerk WALTER J. FOEMAN CITY CLERK AS , TO ATTORNEY W2955:CSK AND CORRECTNESS:ex 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- 989 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM A=15 TO: Honorable Mayor and DATE: OCT - 6 1998 FILE Members of the City Commission SUBJECT: Resolution Authorizing a Contract for the Removal and Replacement FROM: Vona�lld H. Warshaw REFERENCES: of Power Inverter Systems City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Resolution accepting the bid of Stationary Power Services, Inc., for the removal and replacement of power inverter systems City-wide as per terms and conditions of Bid No. 97-98-107 for the Department of General Services Administration's Communications Division. Further authorizing an award to Stationary Power Services, Inc., a non- minority/non-local vendor, located at 14770A 62 Street North, Clearwater, Florida 33760, in an amount not to exceed $38,970.00. Funds are available in the FY '99 Communications Division Operating Budget, Account Code No. 506000.420601.6.840. BACKGROUND: The Department of General Services Administration has analyzed the bids received pursuant to Bid No. 97-98-107. We have reviewed the bid quotations and concluded that they are in line with industry costs. An independent price quote for materials alone from the manufacturer indicates a cost per site of $10,686, or $32,058 for the three sites. The difference of $6,912 is assumed to cover the removal and disposal of the existing system, installation of the new system, and construction of new reinforced brackets, with a two year warranty. Fifteen (15) invitations for bids were mailed and one response was received. Stationary Power Services, Inc. is the sole bidder. The power inverter systems are used to operate three radio transmission/repeater sites within the City, and are essential to the vital radio communication operations of the Police, Fire -Rescue and other City departments. This project shall run concurrently with and is part of the UPS (Uninterrupted Power Supply) projects planned for the Orange Bowl, Fire College and Fire Station No. 11 trans a/receiver sites. DHW JAP/eh 6jo!�- GSA/MePowerInv.doc BID NUMBER: 97-98-107 COMMODITY / SERVICE: Removal and Replacemefit of Power Inverter Systems Citywide DEPARTMENT/CONTACT PERSON: GSA - Danette Perez DIRECTIONS TO COMPLETE BID AWARD RECOMMENDATION FORM ON THE REVERSE SIDE: The top portion of the reverse side of this Bid Award Recommendation Form has been completed by the Department of Purchasing. The user department (s) is required to complete all remaining sections of this form, including the funding source(s), contract value (if applicable), and all other required approvals prior to forwarding to Purchasing. Within 10 days, FAX this completed form along with approved and signed Bid Tabulation Form and the resolution memo to Purchasing, ATTN.- Bid/Contract Section, at 416-1925. These forms will be utilized by the Department of Purchasing to prepare the Resolution for submission to the Agenda Office for Commission approval. Should the department not concur with the recommendation for award, FAX separate justification memo to Purchasing immediately. Emergency procurements are exempt. IN ADDITION TO THE ABOVE DOCUMENTS, PLEASE RETURN A COMPLETED "CONTRACT REVIEW AND ANALYSIS FORM" ALONG WITH THE SCI SCREEN "ACCOUNT SUMMARY" FOR SAID COMMODITY/SERVICE IN PREPARATION FOR THE PRESENTATION AND APPROVAL OF THE BID/CONTRACT BEFORE THE OVERSIGHT BOARD. Contact Maritza Fresno any questions. APPROVAL TO FORWARD TO DEPARTMENT/OFFICE: of the Bid/Contract Section atAt6M5 or 416-1907 should you have Judy S. Carter or of Purchasing DATE: aIDRECOM.DOC 8/8/97 PAGE 1 OF 2 9 989 BID AWARD RECOMMENDATION FORM BID NUMBER: 97-98-107 COMMODITY/SERVICE: Removal and Replacement of Power Inverter Systems Citywide DEPARTMENT / DIVISION: GSA/ Communications TERM OF CONTRACT: Short-term contract NUMBER OF BIDS DISTRIBUTED: Fifteen (15) NUMBER OF BIDS RECEIVED: one (1) METHOD OF AWARD: Lowest responsible and responsive bidder who bids on all items any whose bid offers the lowest price when all items are added in the RECOMMENDED VENDOR(S): aggregate. STATUS: CONTRACT VALUE: Stationary Power Services, Inc. Non-Minority/Non-Local THE FOLLOWING TO BE COMPLETED BY USER DEPARTMENT: JUSTIFICATION: ACCOUNT CODE(Sh BUDGET REVIEW APPROVAL: Le;gi'Cc. (e.0 Dipak M. Parekh Director TOTAL: PURCHASING APPROVAL: rd. Carteror OTHER FUNDING APPROVALS, IF APPLICABLE: TITLE: PAGE 2 OF 2 98 — 989 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Donald H: Warshaw August 28, 1998 DATE: FILE City Manager SUBJECT: Resolution Authorizing a Contract for the Removal and Replacement FROM: Pascual, Director REFERENCES: of Power Inverter Systems Department of General Services Administration ENCLOSURES: The Department of General Services Administration has verified with the Office of Budget and Management Analysis that funds are available from the FY '99 Communications Division Operating Budget, Account Code No. 506000.420601.6.840 in an amount not to exceed $38,970.00. BUDGETARY REVIEW AND APPROVAL BY: -1 f •- Dipak Parekh, Director Office of Budget and Management Analysis DHW/RIVUJAP/eh ,, GSA/MePowerInv2.doc Date: 3 98- 98-9 scity of Miami. Florida i Bid No. 97-93-107 6.4 PRICE SHEET ITEM NO. DESCRIPTION COST For the purchase, delivery, and installation of three (3) Power Inverter Systems, plus removal of the existing PIS at each site, as per Bid Specifications: Orange Bowl Stadium Mfgr.//Model No.: LArAAtC_g& A'31'31(' q-3G •F• y8• iS 2. Fire College Mfgr.//ModelNo.:LAtn)4 µt. 9'31-3k* 41-542r y?-96 3. Fire Station No. 11 Mgr.//Model No.: L,AM&O-C, L A • SI - 3 ,IZ TOTAL (ITEMS 1-3): $ 12�940.oc $ 12, 990 •oo S $ 319 70.00 Pricing for eight years of extended on -site warranty after the initial two year warranty expires, as per Bid Specifications: $ 2 990.on/year pratr� 1,., FuL.1. A'► T+Ir 57Ae.7 oG ThZ T PAC- CVQMc7. Subcontractors to be used and the portion of the work they will performing: 7fLYtiICAL U&C,ieic. SXS7FM& -TJC. AS N mo g.'0 Bidder: S-(I-Ni ', r lfyK.y -S- UC%j'( ceS Signature: FAILURE TO COMPLETE AND RETURN THIS FORM SHALL DEEM BID NON -RESPONSIVE. 98- 989 ory or ,miami, rionaa 6.1 BID INFORMATION FORM DIU 1140. 71-70- IV I Mailing Date: June 17, 1998 Bid No.: 97-98-107 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. SHORT-TERM CONTRACT 939-72: REMOVAL AND REPLACEMENT OF POWER INVERTER SYSTEMS CITYWIDE 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. 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 calendar days after receipt of purchase order. r Terms: 2%- s Net 3 s 4) �� Additional discount of % if awarded all items. 30 1^S I (include cash discount for prompt payment, if any) Other Discounts: Contact Person/Telephone: Z%k}\j (_-3 6m kJ r � a--S O -93 Term of Warranty for equipment: 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: .STf}7-1oA1R,G/ Principal Business Address: ;42M q Mailing Address: .S 4,U E-Mail Address: Telephone: Fax: Fax: Name: Title: Authorized Signature: Beeper: 6._-'K"ND0R BACKGROUND INFORNi410N 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: �'� J�%Ti C tJ i'yf--LI Pc ue-r_ 'Si-�C dh (_6$ COMPANY OFFICERS: President j-, ) I L(-1 A r A K,1 rN I+ I. Vice President Secretary Treasurer COMPANY OWNERSHIP: ( l�l LL--1 i�l�A 111 (!kt f C- 2 l 0Q %,of ownership % of ownership % of ownership % of ownership LICENSES: I . County or Municipal Occupational License No. �I Pr (attach copy with bid) 2. Occupational License Classification I4 3. Occupational License Expiration Date: 4. Miami -Dade County Certificate of Competency as an Electrical Contractor or State Contractor's License No. IJ f PC (attached copy if requested in Bid or RFP) 5. Social Security or Federal I.D. No. .59 — 3 36 971a C� 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: 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: %D 98 ---2-C.39 Cite of Miami. Florida [lid No. 97-9S-107 2.0 GENERAL TERIYI— ND CONDITIONS FOR THE PURL rrASE OF SER VICES INTENT. Tile General Terns 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. ACCEPTANCEIREJECTION -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 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 ®_ 989 City of Miami, I=lorida [lid No. 97-98-107 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 �- 9 9 City of Miami, Florida Bid No. 97-98-107 agree to comply n and observe all applicable laws, codes and o—jinances as that may in any way affect the goods or equipment offered, including but not limited to: 2.13.1. Executive Order /1246, 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 of Interest, 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 98- 989 City of Miami, Florida [lid No. 97-98-107 A. Failure perform the work required under the Contras d/or within the time required; or tailin, to use the subcontractors, entities and personnel as identitied 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 deemed 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 fine 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 98- 989 Cite of Miami, Florida Bid No. 97-98-107 (1) _us 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. 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. 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 � 989Se_l City of Miami, Florida Bid No. 97-98-107 2.25. MINORITY/ PreOCUREMENT PROGRAM - Ordinance Nu. 0062, as amended, entitled the Minority and Women Business Affairs and Procurement Ordinance of the City, Florida, sets forth "...a goal of awarding at least 51 percent of the City's total annual dollar volume of all expenditures for all goods and services to Black, Hispanic and Women minority business enterprises on an equal basis." A minority business enterprise is defined as a business firm "...in which at least 51 percent of said enterprise is owned by Blacks, Hispanics, or Women and whose management and daily business operations are controlled by one or -more Blacks, Hispanics or Women." To achieve the goal established by these Ordinances, participation in providing goods and services to the City by minorities is being encouraged in a number of ways. All bidders doing business with the City are encouraged to include the participation of minority firms in their bids. In evaluating bids for determination of awards, minority participation may be a factor. Failure to adequately involve minority firms may be a basis for rejecting any and all bids. Possible ways to include minority participation would involve: 1. Joint venture with a minority firm(s) 2. Utilizing minority 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. NONDISCRIMINATION - 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. 97-98-107 Bid; however, u.- City may, at its sole option and in its best interest, allow the Bidder to supply the license to the City dUrih-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 1FB. 2.34. RESOLUTION OF CONTRACT DISPUTES - Contractor understands and agrees that all disputes between Contractor and the City based upon an alleged violation of the terms of this Contract by the City shall be submitted to the City Manager for his/her resolution, prior to Contractor being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds $4,500.00, the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved the City Commission if the amount of compensation hereunder exceeds $4.500.00, (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 9 989 City of Miami. Florida Bid No. 97-98-107 2.35. RESOLUTION OF PROTEST - Any actual or prospective . ontractUal party who feels aggrieved in connection with the solicitation or award of a contract may protest in writing to the Director of Purchasing who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders are alerted to Ordinance No. 11072 describing the protest procedures. Protests failing to meet the requirements for filing shall not be accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO -EXCEPTIONS. 2.36. SERVICE AND WARRANTY - Unless otherwise specified, the bidder shall define any warranty, service and replacements that will be provided. Bidders must explain on the attached Price Sheet to what extent warranty and service facilities are available. 2.37. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to used. All workmanship is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this bid, the bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid. 2.38. 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: 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 City of Miami, I=lorida Bid No. 97-98-107 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 the removal and replacement of three (3) Power Inverter Systems (PIS) to be located throughout the City of Miami for the Department of General Services Administration. 3.2. MANDATORY PRE -BID SITE VISIT: Each bidder is required, prior to submitting a bid, to attend the mandatory pre -bid site inspections, 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. A walk-through of the sites will be conducted and all requirements and specifications detailed in this IFB will be discussed. Bidders are encouraged to bring this Invitation to Bid with them at that time, as additional copies may not be available. Bidders who arrive more than one-half (1/2) hour late shall not be deemed as having met this mandatory requirement. IT IS MANDATORY THAT A REPRESENTATIVE(S) OF THE BIDDER ATTEND ALL SITES IN ORDER TO QUALIFY TO BID ON THIS IFB. FAILURE TO ATTEND SHALL DEEM ANY BID FROM SAME AS NON -RESPONSIVE. The following City of Miami locations will be visited by the interested bidders on the date indicated: (Times indicated are estimates and dependent on the length of each site visit) SITE: DATE: TIME: I. Orange Bowl Stadium June 30, 1998 9:00 A.M. 1501 NW 31d Street 2. Fire College June 30, 1998 11:00 A.M. 3425 Jefferson Street 3. Fire Station No. 11 June 30, 1998 1:00 P.M. 5920 W. Flagler Street 3.3. DELIVERY Point: All prices quoted by the bidder shall be F.O.B. Destination with all delivery charges included in bid price. The City will not be responsible for the equipment until fully delivered, accepted and installed; after a complete test, inspection, field service check, and break-in period. 3.4. METHOD OF AWARD Award of this contract will be made to the lowest responsible and responsive bidder meeting specifications, who bids on all items, and whose bid offers the lowest price when all items are added in the aggregate. 3.5. BIDDER QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing the services as described in this IFB for at least two (2) years; and that have sufficient financial support, equipment and organization to insure that they can satisfactory execute the services if awarded a contract under the terms and conditions herein stated. Subsequently, the Bidder will: 98- 981 City of Miami, Florida Special Conditions Bid No. 97-98-107 a) Be fully licensed as an Electrical Contractor, and shall provide all information requested on the Price Sheet. b) Have no record of pending lawsuits or criminal activities and not have conflicts of interest which may -be of embarrassment to the City. c) Not submit a bid should the contractor have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter or surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully any previous contract with the City. 3.6. CERTIFICATE OF COMPETENCY Any person, firm, corporation or joint venture who offers a bid, at the time of such bid, shall hold a valid Certificate of Competency or License for electrical work issued by the State or County Examining Board qualifying said person, firm, corporation or joint venture to perform the work proposed. If any or all work required in conjunction with this bid is performed by a subcontractor(s), an applicable Certificate of Competency issued to the subcontractor(s) shall be submitted with the Bidder's proposal. A copy of the certificate must be submitted with the bid. Failure to submit this document may render this bid non- responsive; provided, however that the City may at its sole option, allow the Bidder to supply the Certificate to the City within seven (7) calendar days from the date of the bid opening. 3.7. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Mr. Luis Selema, Communications Technical Superintendent, who shall be designated as the Contract Administrator and who may be contacted at telephone number (305) 575-5171. 3.8. 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. 3.9. LICENSES AND PERMITS The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Damages, penalties and or fines imposed on the City or 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. 3.10. WARRANTY, FITNESS FOR PURPOSE The bidder hereby acknowledges and agrees that all items, supplied by the Bidder in conjunction with this bid shall be warranted for their merchantability, and fit for a particular purpose. In the event any of the items 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 items to the Bidder at the Bidder's expense or (2) require the Bidder to replace the items at the Bidder's expense. 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. 3.11. INSPECTION All items are subject to inspection and approval by the City. Such inspection shall be made within a reasonable time after delivery, irrespective of the date of payment. The City may return rejected items at the vendor's expense. The vendor shall not replace items returned unless so directed by the City in writing. 3.12. WARRANTY Equipment hereinafter specified shall be fully guaranteed by the Contractor against factory defects. Any defects may occur as the result of either faulty material or workmanship within the period of the Page 2 of 6 City of Miami. Florida Special Conditions Bid No. 97-93-107 manufacturer's standard warranty will be corrected by the Contractor without expense to the City of Miami. Bidders shall indicate on the bid sheet the terms of the manufacturer's standard warranty, and any specially offered optional warranty available. The manufacturers warranties on items covered by this contract shall be considered, whereas successful bidder shall obtain warranty schedules and call upon manufacture for warranty claims. Bidders are requested to bid credits for those months where warranties are in effect reducing the scope of contract. All equipment warranty shall commence on the date of final system acceptance, and shall not be related to equipment delivery schedules. A copy of the manufacturer's standard warranty must be submitted with bid. Failure to comply with this provision may disqualify bid. 3.13. 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. 3.14. 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. 3.15. 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 IFB. 3.16. 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. 3.17. PERSONNEL Bidder shall be deemed to represent that it has, or will have upon the award of the Contract, all necessary personnel required to perform all services arising from the award of the Contract. All personnel employed shall be employees of Bidder. All the services required herein shall be performed by the successful Bidder, and all personnel engaged in performing the services shall be fully qualified to perform such services. All employees employed by the Bidder shall be considered to be at all times the sole employees of the Bidder under his/her direction and not an employee of the City. The Bidder shall supply competent and physically capable employees and the City may require the Bidder to remove an employee it deems careless, insubordinate, or otherwise and whose continued employment is not in the best interest of the City. 3.18. PROTECTION OF PROPERTY All existing structures, utilities, services, roads, trees, shrubbery, etc. shall be protected against damage or interrupted services at all times by the bidder during the terry. of this contract; and the bidder shall be held responsible for repairing or replacing property to the satisfaction of the City which is damaged by reason of the bidder's operation on the property. Page 3 of 6 98- 989 City of Miami, Florida Special Conditions Bid No. 97-93-107 3.19. 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. All employees of contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The contractor shall use only equipment that is fully operational and in safe operating order. Contractor shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 3.20. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED As part of its Bid, the Bidder is required to identify any and all Subcontractors that will be used in the performance of the proposed contract, their capabilities, experience, minority designation, if applicable, as defined in Ordinance 10062 (see Item 17) and the portion of the work to be done by the Subcontractor. Failure to identify any and all subcontractors in the Bid shall render the Bid non -responsive; provided, however, that the low bidder may submit this documentation to the City within five (5) working days after the bid opening in the best interest of the City. The Contractor shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their Bid, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specifications shall be construed as establishing any contractual relationship between any subcontractor and the City. The bidder shall be fully responsible to the City for the acts and omissions of the subcontractor and their employees, as for acts and omissions of persons employed by bidder. 3.21. ACCEPTANCE Delivery of equipment to the City does not constitute acceptance for the purpose of payment. Final acceptance and authorization for payment shall be given only after a thorough inspection indicates that the equipment meets bid specifications and conditions. Should the delivered equipment differ in any respect from the specifications, payment will be withheld until such time as the supplier takes necessary corrective action. The Purchasing Department shall be notified of the deviation in writing within ten days of delivery. If the proposed corrective action is not acceptable to the City, the Purchasing Department may authorize the using department to refuse final acceptance of the equipment, in which case the equipment shall remain the property of the supplier, and the City shall not be liable for payment for any portion thereof. 3.22. ACCIDENT PREVENTION AND BARRICADES Precautions shall be exercised to all times for the protection of persons and property. All contractors and subcontractors 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 inadequacies to comply with this requirements shall be borne solely by the bidder responsible for same. Barricades shall be provided by the bidder responsible for same. Barricades shall be provided by the bidder when work is performed in areas frequented by others or when deemed necessary by the City. 3.23. 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. 3.24. CLEAN-UP All usable materials and debris shall be removed from the premises. At completion, the successful bidder shall thoroughly clean up all areas where work has been involved. Page 4 of 6 98- 984- City of Miami, Florida Special Conditions Bid No. 97-98-107 3.25. 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 (NIOSH), and the National Forest Products Association (NFPA). 3.26. FAILURE TO PERFORM / PENALTIES Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in default of the contract or make appropriate reductions in the contract payment. 3.27. 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.) 3.28. 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 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. PATENTS AND ROYALTIES The bidder, without exception, shall indemnify and save harmless the City and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured by the bidder. The bidder has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by the contractor or if such claim is based solely and exclusively upon the alteration of the article. The City will provide prompt written notification of a claim of copyright or patent infringement. Further, if such a claim is made or is pending, the contractor may, at his expense, procure for the City the right to continue use of, replace or modify the article to render it non -infringing. (If none of the alternatives are available, the City will agree to return the article on request to the contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.) If the bidder uses any design, device, or materials covered by letters, patents or copyrights, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such designs, devices, or materials in any way involved in the work. Page 5 of 6 Q City of Miami, Florida Special Conditions Bid No. 97-98-107 3.31. NO ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the bid response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this bid. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General and Special Conditions in this bid solicitation are the only conditions applicable to this bid and that the bidder's authorized signature affixed to the bidder's acknowledgment form attests to this. 3.32. 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 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. 3.33. EXAMINATION OF THE WORK The City shall be furnished with every means to verify whether or not the materials and work are in accordance within he 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 6 of 6 98- 9*9 CITY OF KfAMt OFFICE OF THE. Cl't I' ERI& BEE) SECiUFJTY L= BID ITEM: THREE POWER INVERTER SYSTEM (�/ I BID NO.: 97-98-107 DATE BID(S)OPENED: DULY 15, 1998 TIME 10:00 a.m. _ BIDDER ' TOTAL FU-w AMOUNT BID BOND (ER) CASHIER'S CHECK STATIONARY POWER SERVICES INC. See attached bi NO BID GNB TECHNOLOGIES R.B. GROVE.. POWERCOM, INC. COMPUTERS SITE TECHNOLOGIES AMERICAN BATTERY, CO. EXIDE CORP. ers from a vendors listed erejn ived of above wpen'•r P re a only o elate an-1 tir-re. rs yyas r O ers su. mitte in rcw-ponsa to tz'.3 otters in hereby re'ecled as late." /( ww.*1--il Mien, 1 .A yI �•tp raeive�: Person r vinE bid(s) PQRCHA1NG i (City Drptirtment) l_l._-- envelopes 0K behalf of SIGNED: epety City CIWr f � CITY OF MIAMI 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.97-98-107 Removal and replacement of three (3) Power Inverter Systems (PIS) for the Department of General Services Administration. OPENING DATE: 10:00 A.M. July 15, 1998 Each bidder is required, prior to submitting a bid, to attend the mandatory pre -bid inspections, to acquaint himself/herself with the needs and requirements of the specified job. IT IS MANDATORY THAT A REPRESENTATIVE(S) OF THE BIDDER ATTEND ALL SITES IN ORDER TO QUALIFY TO BID ON THIS IFB. FAILURE TO ATTEND SHALL DEEM ANY BID RECEIVED FROM SAME AS NON -RESPONSIVE. Bidders who arrive more than one-half (1 /2) hour late shall not be deemed as having met this mandatory requirement. Detailed specifications for this bid are available upon request at the City of Miami, Purchasing Department, 444 SW 2 Avenue, Sixth Floor Miami, Florida 33130, Telephone No. 416-1904. Donald H. Warshaw CITY OF MIAMI City Manager LOGO AD NO. 4498 ^i w _J `Y_ ° City of Miami REQUISITION FOR ADVERTISEMENT This appear nber themust advertisement. INSTRUCTIONS: Please type and attach a coov of the v m n i h this reguisition. 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: 8. Telephone number: 9. Number of times this advertisement is to be published: 10. Type of advertisement: [] Legal ❑ Classified ❑ Display 11. Remarks: 12. Publication Date(s) of Advertisement Invoice No. Amount 1 y �J V 13. ❑ Approved ❑ Disapproved Department Director/Designee Date Approved for Payment Date C GS/PC 503 Rev. 12/89 T Routing: Forward White and Canary to G.S.A. (Procurement Management) and retain Pink copy. DISTRIBUTION: White - G.S.A.; Canary - Department