HomeMy WebLinkAboutR-98-1096J-98-1107
10/26/98
RESOLUTION NO. 9 8 - 10 9 6
A RESOLUTION ACCEPTING THE BID OF MBL PAVING
FOR THE PROVISION OF ASPHALT PAVING AT
KENNEDY AND MORNINGSIDE PARKS, FOR THE
DEPARTMENT OF PARKS AND RECREATION, AT A
TOTAL COST NOT TO EXCEED $33,200.00;
ALLOCATING FUNDS THEREFOR FROM THE SAFE
NEIGHBORHOOD PARK BOND FUNDS, CAPITAL
IMPROVEMENT PROJECT NOS. 331313 AND 333112.
WHEREAS, the Department of Parks and Recreation solicited
community and NET Office input to determine priority needs at
Kennedy and Morningside Parks; and
WHEREAS, the response indicated that asphalt paving at the
cited parks was of paramount necessity; and
WHEREAS, pursuant to public notice, invitations for Bid No.
97-98-183 were mailed to 43 potential bidders for these projects;
and
and
WHEREAS, on October 7, 1998, two sealed bids were received;
WHEREAS, funding is available from the Safe Neighborhood
Park Bond Funds, Capital Improvement Project Nos. 331313 and
333112; and
WHEREAS, the City Manager and the Director of Parks and
Recreation recommend that the bid received from MBL Paving be
accepted as the lowest responsive and responsible bid;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
CITY COMMISSION
MEETING OF
NOV 17 1998
Resolution No.
98-1096
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 October 7, 1998, from MBL
Paving for the provision of asphalt paving at Kennedy and
Morningside Parks, for the Department of Parks and Recreation, at
a total cost not to exceed $33,200.00, is hereby accepted, with
funds therefor hereby allocated from the Safe Neighborhood Park
Bond Funds, Capital Improvement Project Nos. 331313 and 333112.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor".
PASSED AND ADOPTED this 17th day of November ,
JOE CAROLLO, MAYOR
In aocordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated palace prrvided, lair.`; iegEslat011 rio.pi
becomes effective with the elapse of ten (10) days fr n� the date of Ccn issc: scn
regarding same, without the Mayor exeosing-Ave
ATTEST:
WALTER J. FOEMAN,`''CITY CLERK
AND CORRECTNESS:C/
CITY ATTORNEY
W3026:CSK
9
Walter/J. Eoema wT-City 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.
2 98-1096
CITY OF MIAMI, FLORIDA CAM
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members DATE: NOV - 9 1998 FILE
of the City Commission
SUBJECT: Resolution Award for
Asphalt Paving at Kennedy
& Morningside Parks
FROM: REFERENCES: Bid No. 97-98-183
/onald H. Warshaw
ENCLOSURES:
City Manager
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached resolution
accepting the bid from MBL Paving, located at 1751 NW 110 Avenue, Miami, Florida,
33172, a Dade County/Black firm, in the amount of $33,200.00 for the asphalt paving at
Kennedy and Morningside Parks. These improvements are to be funded from the Safe
Neighborhood Park Bond Funds, appropriated for this purpose in Capital Improvement
Project Nos. 331313 and 333112.
BACKGROUND:
The Department of Parks and Recreation has obtained community input as to the needs of
Kennedy and Morningside Parks through various meetings with the neighborhood
residents and the local NET Offices. Among the items to be determined of great need
were the asphalt paving.
Pursuant to public notice, two (2) sealed bids were received for asphalt paving at
Kennedy and Morningside Parks. The Department of Parks and Recreation has analyzed
the bids received pursuant to Bid No. 97-98-183. Award of the bid is recommended to
MBL Paving which submitted the lowest responsive and responsible bid.
Total Amount of Bid: $33,200.00
Source of Funds: Safe Neighborhood Park Bond Funds/Capital Improvement Project
Nos. 331313 and 333112
Minority Participation: Awarded a Dade County/Black Firm
Public Hearings/Notice: One legal advertisement nn
Assessable Project: N/A Tur R1011TYan
DHWiAR/ms
Sn, E ROGHBOR10
BOLD PROJE11 - 10 9 6
BIDNUMBER: 97 - 98 - 183 M/WBE
COMMODITY / SERVICE: Asphalt Paving of Morningside & Kennedy Parks
DEPARTMENT/CONTACT PERSON: Parks — Charles Hudson
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.
ContactPamela Burns
questions.
APPROVAL TO FORW.
TO DEPARTMENT/OFF
of the Bid/Contract Section at 4161905 should you have any
Judy S. Carter
or of Purchasing
BiDRECOM.DOC 7/17/98 PAGE 1 OF 2 (] O 6
BID AWARD RECOMMENDATION FORM
BID NUMBER:-97-98-183 M/WBE
DEPARTMENT / DIVISION: Parks
TERM OF CONTRACT: Short Term Contract
It Paving at Kennedy and
side Parks
NUMBER OF BIDS DISTRIBUTED: 43 NUMBER OF BIDS RECEIVED: 2
METHOD OF AWARD: To the lowest responsive and responsible bidder on an item by item
basis, or whose bid offers the overall lowest price when all items
are eddein-- the aggregate.
RECOMMENDED VENDOR(S): STATUS: CONTRACT VALUE:
MBL Paving Dade Co / Black
l�bwc7tNdscDE. aIPik 7 Z4;70�705F'P�-gG OTAL: $33,200.00
e tPAFI' `161�00 5893oS- %0
THE FOLLOWING TO BE COMPLETED BY USER DEPARTMENT:
JUSTIFICATION: This project was mandated by voter approval of the Safe Neighborhood
Parks Bond Program in November of 1996.
_i
ACCOUNT CODE(S):
DEPARTMENT APPROVAL: GET i A ROVAL: PURCHASING APPROVAL:
D partment ctor/ Dipak a . Parekh Ju y . Cart
D signee Director Dir r
OTHER FUNDING APPROVALS, IF APPLICABLE: TITLE: C./1ArG�%'%Z11%
PAGE 2 OF 2
98-1096
ity of Miami, Florida Bid No. 97-98-183M/WBE
6.1 BID INFORMATION FOR
Mailing Date: September 17,1998
Bid No.: 97-98-183M/WBE
Buyer: Pamela Burns
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 teserves 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.
913-94: ASPHALT PAVING AT KENNEDY & MORNINGSIDE PARKS
We have read your Invitation for Bids completed the necessary documents, and propose to famish and deliver,
F.O.B. DESTINATION, the items or service specified herein.
ALL BIDS MUST BE SUBMITTED IN TRIPLICATE OR YOUR BID MAY BE DISQUALIFIED.
3 D a! V S number of calendar days required to complete work after Notice to Proceed or issuance of
purchase order.
�1 cM Y S number of calendar days required before commencement of work.
Delivery will be made within VJR_ calendar days after receipt of purchase order.
Terms: 20/o-10 days Net 30 days Additional discount of % if awarded all items.
N 4 (include cash discount for prompt payment, if any) Other Discounts: Jt1 �A
Contact Persow Telephone: 1405VA) Z YD5 815 7
Term of Warranty for equipment: Al
Term of Warranty for labor: 1 YFAR 6 JA1&_4W t'
All exceptions to this bid have been documented in the section below.
EXCEPTIONS: 44
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: t B l- _ PA ✓/Al G
Principal Business Address: 1751 A;k) //0 A✓F.
/'{rgrll 4 F1-0h94 33172,
Mailing Address: SANE As ABo vE
E-Mail Address: d'9
Telephone: (305-) $9Y- 815 7
Fax: (209-) 5,1y-65ZY
Name: ACyS17A) X_-Y
Title: 4:rj1E,¢AL H,4^44ACk
Authorized Signature:__
Beeper: 205-287- 8390
98-1096
,(V Vl 1V11QII11, L'lUjlUd Diu 1VU. y/-y0-ld.)1Vl/ WB[.
6.5`NDOR BACKGROUND INFORM 'ON
INSTRUCTIONS:
y r'� 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: A161- /'A JI/N G
COMPANY OFFICERS:
President 401- AfAlle4 Vice President sot"r-
Secretary SAM G Treasurer SZ.�
COMPANY OWNERSHIP:
/ tjl- l3ANKs /00 % of ownership
% of ownership
r •_ t . i/. of ownership
% of ownership
LICENSES:
1. County or. Municipal Occupational License No. / Z I92 -.2.
(attach copy with bid)
2. Occupational License Classification ' I96 ' S@/A4T1r FNG/iJEE'Q/iJ6
3. Occupational License Expiration Date: SEff. 30 f 1911 A
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 -.? H 3 3 7 8 8
EXPERIENCE:
6. Number of Years your organization has been in business: I i Y-0W9 4
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: ov<i- .20 Ye*e-c
8. Number of Years experience BIDDER/PROPOSER (firm, corporation, proprietorship) has had in
operation of the type required by the specifications of the Bid or RFP: / 4 &A4s
98-10,96
City of Miami, rlonda Bid No. 97-98-183M/WBE
2.0 GENERAL TERMS All 'ONDITIONS FOR THE PURCHA `OFSERVICES
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 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
Rev. 6/8/98
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.
b9i mm
City of Miami, Florida
Bid No. 97-98-183M/WBE
I). The term of . contract shall be specified in one of three uvetiments 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
98-1096
City of Miami, Florida Bid No. 97-98-183M/WBE
agree to comply wit' 1 observe all applicable laws, codes and ord' :es as that may in any way affect the
goods or equipment --ered, including but not limited to:
2.13. L Executive Order 11246, which prohibits discrimination against any employee, applicant, or client
because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the
following: employment practices, rate of pay or other compensation methods, and training
selection.
2.13.2. Occupational, Safety and Health Act (OSHA), as applicable to this IFB.
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 IFB.
2.13.5. Environment Protection Agency (EPA), as applicable to this IFB.
2.13.6. Uniform Commercial Code (Florida Statutes, Chapter 672).
2.13.7. Americans with Disabilities Act of 1990, as amended.
2.13.8. First Source Hiring Agreement, City Ordinance No. 10032, as amended, as applicable to this IFB.
Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires
as a condition precedent to the execution of service contracts including professional services.
2.13.9. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this IFB.
2.13.10. National Forest Products Association (NFPA), as applicable to this IFB.
2.13.11. City Local Preference Ordinance No. 11087, as applicable to this IFB.
2.13.12. Conflict oflnterest, City Code Section 2-611; 612.
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, fumish 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.
Rev. 6/8/98
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:
98-1096
City of Miami, Florida
Bid No. 97-98-183M/WBE
A. Failure to E orm the work required under the Contract an,„ 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 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
Rev. 6/8/98-
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.
98-1096
City of Miami, Florida Bid No. 97-98-183M/WBE
C. Demonstra of Responsibility
(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. 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 Invitation For Bids 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
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laty of Miami, rtorjaa
Bid No. 97-98-183M/WBE
accepting a bid at - low bid amount, if the original bid amoun' miffed by the local vendor does not
exceed 1 10 percen the lowest responsible and responsive bidder.
2.25. MINORITY/ PROCUREMENT PROGRAM - Ordinance No. 10062, as amended, entitled the Minority
and Women Business Affairs and Procurement Ordinance of the City, Florida, sets forth "...a goal of
awarding at least 51 percent of the City's total annual dollar volume of all expenditures for all goods and
services to Black, Hispanic and Women minority business enterprises on an equal basis." A minority
business enterprise is defined as a business firm "...in which at least 51 percent of said enterprise is owned by
Blacks, Hispanics, or Women and whose management and daily business operations are controlled by one or
more Blacks, Hispanics or Women."
To achieve the goal established by these Ordinances, participation in providing goods and services to the
City by minorities is being encouraged in a number of ways. All bidders doing business with the City are
encouraged to include the participation of minority firms in their bids. In evaluating bids for determination
of awards, minority participation may be a factor. Failure to adequately involve minority firms may be a
basis for rejecting any and all bids.
Possible ways to include minority participation would involve:
1. Joint venture with a minority firm(s)
2. Utilizing minority 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 1FB shall meet the City's Occupational License Tax requirements in
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City of Miami, Florida
Bid No. 97-98-183M/WBE
accordance with Ch 31.1, Article I of the City Charter. Other 7th a location outside the City shall
meet their local Occt.,-tional License Tax requirements. A copy of license must be submitted with the
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 tines, to
all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida
Statutes, and Sec. 18-104 of the City Code, and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable law. Contractor failure or refusal to comply with the
provision of this section shall result in the immediate cancellation of this Contract by the City.
2.33. QUALITY OF WORK - The work performed must be of the highest quality and workmanship. Materials
furnished to complete the service shall be new and of the highest quality except as otherwise specified in this
IFB.
2.34. RESOLUTION OF CONTRACT DISPUTES - Contractor understands and agrees that all disputes
between Contractor and the City based upon an alleged violation of the terms of this Contract by the City
shall be submitted to the City Manager for his/her resolution, prior to Contractor being entitled to seek
judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds
$4,500.00, the City Manager's decision shall be approved or disapproved by the City Commission.
Contractor shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written
decision, approved the City Commission if the amount of compensation hereunder exceeds $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
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City of Miami, Florida Bid No. 97-98-183M/WBE
Commission apprc 1; or (iii) City has waived compliance with )rocedure set forth in this section by
written instruments, _tined by the City Manager.
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 parry 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 worlananship 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. TER HNATION - The City reserves the right to terminate this contract by written notice to the contractor
effective the date specified in the notice should any of the following apply:
1. The contractor is determined by the City to be in breach of any of the terms and conditions of the
contract and/or to have failed to perform his/her services in a manner satisfactory to the City. In the
event the contractor is found to be in default, the contractor will be paid for all labor and materials
provided as of the termination date. No consideration will be given for anticipated loss of revenue
or the canceled portions of the contract.
2. The City has determined that such termination will be in the best interest of the City to terminate the
contract for its own convenience.
Funds are not available to cover the cost of the services. The City's obligation is contingent upon
the availability of appropriate funds.
2.39. VARIATIONS OF SPECIFICATIONS - For purposes of bid evaluation, bidders must indicate any
variances from bid specifications and/or conditions, no matter how slight. If variations are not stated on the
Price Sheet, it will be assumed that the service to be provided fully complies with the City's,specifiications.
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98-1096
3.0. SPECIAI, CONDITIONS
3.1. SCOPE AND PURPOSE
It is the intention of the City of Miami to establish a short-term contract for the furnishing of all labor,
materials, supervision and equipment necessary to repave 6,800 l.E of walkways at Momingside Park,
located at 750 N.E. 55th Terrace, and 5,650 l.L of walkways at Kennedy Park, located at 2400 South
Bayshore Drive, Miami, for the Department of Parks and Recreation.
3.2. M/WBE SET -ASIDE
This bid has been designated as a set -aside for Black, Hispanic or Female vendors certified with the City
of Miami's Minority/Women Business Enterprise (M/WBE) Program.
M/WBE certification as a Black, Hispanic or Female vendor must be current and valid at the time
of bid opening and proof must be submitted with your bid. All bidders are required to submit with their
bid response proof of City of Miami M/WBE certification. Bidders should contact Ms. Effie McCartney,
M/WBE Supervisor, at (305) 416-1921 or Anita Moore at (305) 416-1913 for certification information.
FAILURE TO MEET THE ABOVE SET ASIDE REQUIREMENTS MAY DEEM YOUR BID NON-
RESPONSIVE.
3.3. METHOD OF AWARD
Award of this contract will be made to the lowest responsive and responsible bidder(s) on an item by item
basis, or whose bid offers the overall lowest price when all items are added in the aggregate, whichever is
in the City's best interests. Bidder must bid on all items.
3.4. BIDDER QUALIFICATIONS
Bids will be considered only from firms that are regularly engaged in the business of providing the
services as described in this bid for at least two (2) years; and that have sufficient financial support,
equipment and organization to insure that they can satisfactory execute the services if awarded a contract
under the terms and conditions herein stated. The Bidder will:
a) As a pre -requisite to the submission of a bid, the Bidder shall .hold a valid State Contractors
Certificate of Registration as a General Contractor, paving engineering, specialty engineering, or
sub -general work issued by the County Examining Board qualifying said person, firm, corporation or
joint venture to perform the work proposed. The Bidder shall submit an appropriate valid
Certificate(s) /license with the bid.
b) Have no record of pending lawsuits or criminal activities and not have conflicts of interest which
may be of embarrassment to the City.
c) Not submit a bid should the contractor have any member, officer, or stockholder that is in arrears or
is in default of any debt or contract involving the City, is a defaulter or surety otherwise, upon any
obligation to the City, and/or has failed to perform faithfully any previous contract with the City.
3.5. CONTRACT ADAWGSTRATOR
Upon award, contractor shall report and work directly with Mr. Charles Hudson, who shall be designated
as the Contract Administrator and who may be contacted at telephone number (305) 416-1312.
98-1.096
City of Miami, Florida Special Conditions (cont.) Bid No. 97-98-183 M/WBE
3.6. LOCATIONS OF WORK TO BE PERFORMED
Kennedy Park Momingside Park
2400 South Bayshore Drive 750 N.E. 55th Terrace
Miami, Florida Miami, Florida
3.7. 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 Parks and Recreation Department. Funds not spent from these sums shall revert to
the City.
3.8. FIRST SOURCE HIRING AGREEMENT
Bidders must agree to comply with City Ordinance 10032 to provide City of Miami residents priority in
employment opportunities which may arise should Bidder be awarded this bid. Bidders must complete
and return "Statement of Compliance with Ordinance No. 10032" form with bid response. To obtain
additional information on this program, contact can be made with Ms. Joni Jones -Harris, Assistant
Director, Department of Community Development, at (305) 693-3120.
3.9. WORKMANSHIP AND MATERIALS
All materials used in performance of this contract shall be unused, and/or new (of current design or
manufacturer). 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 workmanship.
3.10. WARRANTY
All work performed shall be fully guaranteed by the Contractor. Any defects in said work which may
occur as the result of either faulty material(s) or workmanship will be corrected by the Contractor without
expense to the City of Miami.
3.11. 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 shallnot
be binding on the City until such time as they have been approved by the Oversight Board. Issuance of a
Purchase Order shall constitute evidence of its approval by the Oversight Board.
3.12. 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/her assignee of such occurrence, shall have the unqualified right to terminate the contract without any
penalty or expense to the City.
3.13. CANCELLATION
The City Manager by written notice may terminate in whole or part any Contract resulting from this
invitation, when such action is in the best interest of the City. If the Contract is so terminated, the City
shall be liable only for payment for services rendered prior to the effective date of termination.
2
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City of Miami, Florida Special Conditions (cont.) Bid No. 97-98-183 M/WBE
3.14. ON -SITE INSPECTION
Bidders are highly recommended to visit both sites prior to bidding to compare the specifications with
the work to be done, and become aware of all conditions including other work, if any, being performed.
Failure to do so will in no way relieve the successful bidder(s) from the necessity of furnishing any
material, labor, supervision, or equipment, or performing any work that may be required to carry out the
contract in accordance with the true intent and meaning of the specifications.
3.15. 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 for General Contractor, paving engineering, specialty engineering, sub -general
work issued by the 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 provided
to the Purchasing Department with the bid response. Failure to submit this Certificate shall be cause for
deeming bid nonresponsive.
3.16. SUBCONTRACTING
Any request for the use of a subcontractor must be approved in advance by the City. Strict adherence to
this condition is required.
3.17. STATUTORY REQUIREMENTS
Florida Statutes 489.119 requires a Certificate of Authority/Qualified Business Organization (CA/QR)
license for all construction businesses other than an individual or a "sole proprietorship." Successful
contractor may be required to provide the Purchasing Department a copy of valid CA/QB license prior to
issuance of a Purchase Order. Failure to submit this license may be cause for cancellation of this contract.
3.18. LICENSES AND PERMITS
Services performed for the City will require licenses and permits in the same manner as private
construction projects within the City: The contractor shall secure, at his/her expense, all licenses and
permits and shall fully comply with all applicable laws, regulations and codes as required by the State of
Florida, or by the South Florida Building Code.
The contractor(s) and/or equipment supplier must fully comply with all federal and state laws, county and
municipal ordinances, and regulations in any manner affecting the prosecution of the work. Any fines or
penalties to the Contractor shall be paid at the Contractor's expense.
3.19. 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).
3.20. INSPECTION
All work will be inspected and approved by the Contract Administrator before any payment is issued.
3.21. PERFORMANCE
The Contractor shall be fully responsible for performing all 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.
City of Miami, Florida Special Conditions (cons.) Bid No. 97-98-183 M/WBE
3.22. DEFAULT OF CONTRACT
In case of default by the Contractor, the City may procure the services from other sources and hold the
Contractor responsible for any excess costs incurred.
3.23. APPLICABLE STANDARDS
The City reserves the right to reject work or materials to be utilized if it does not meet the requirements
set forth in these Specifications, and must meet the requirements set forth herein upon arrival at the site, at
the time of installation, at the time of final inspection, and upon acceptance of completed project.
There shall be no substitution of equipment or materials unless authorized in writing, in advance, by the
City of Miami Parks and Recreation Department.
The Contractor shall have labor crews controlled and directed by a foreman who will provide
coordination between the job site and the Miami Parks and Recreation Department.
3.24. 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.
3.25. JOB CONDMONS
_ A pre -construction meeting will be scheduled with the successful bidder2 or to any construction activity.
The Contractor shall determine the locations of all underground utilities and structures, and perform the
work in a manner which will avoid possible damage. Hand excavate, as required, to minimize possibility
of damage of such items. Should underground or overhead structures conflict with the work to be
performed, the Contractor shall consult with the Parks and Recreation Department regarding adjustment
of equipment/work locations. The Contractor is responsible for immediate repair of any damage to other
installations caused by this work.
3.26. INSPECTION FOR COMPLETION AND PAYMENT
Upon completion of the work, an inspection will be held. The Contractor shall notify the Miami Parks
and Recreation Department for scheduling of the inspection three (3) work days prior to the anticipated
inspection date. The Parks and Recreation Department will decide if work is ready for inspection and will
request the Contractor to establish the time and date of inspection and notify all concerned parties to be
present. At the time of the completion of the inspection, if the materials are in whole or substantially
acceptable, a notice will be provided to the Contractor that the final acceptance is approved and payment
will be authorized. If the City determines that the work performed is not fully satisfactory to the City, the
Contractor shall immediately make any and all required work in order to fully satisfy the City. Payment
shall not be made unless the work is approved and authorized by the City.
4
98-10*(J�C,
City of Miami. Florida Special Conditions (cons.) Bid No. 97-98-183 M/WBE
3.27. 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.
3.28. PERSONNEL
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. Bidder shall be
deemed to represent that it has, or will have upon the award of the Contract, all necessary qualified
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.
3.29. 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/her own expense, shall repair or make restoration as is practical and acceptable to the
City and/or owners of destroyed or damaged property promptly. The Contractor is responsible for
immediate repair of any damage to other installations caused by his/her work and shall be fully
responsible for any repairs at no cost to the City.
330. UTILITIES
Prior to construction, the Contractor shall familiarize himself/herself with the location of all existing
utilities and facilities within the work sites. Should damage or structural weakening occur to such items
through negligence on the part of the Contractor, immediate corrective measures shall be taken by, and at
the expense of, the Contractor as directed by the City.
3.31. CONTRACTOR TO BE REPRESENTED
The Contractor at all times must either be personally present at the worksite or be represented at the
worksite by a responsible agent or agents designated by the Contractor in written notice to the City prior
to the beginning of work. Such notification shall include pertinent data such as addresses, phone
numbers, etc., where said agent or agents may be contacted at any time of the day or night. The agent or
agents shall be clothed with full authority to act for the Contractor in all -cases, and to carry out any
instructions relative to the work may be given by the City.
332. PUBLIC CONVENIENCE AND SAFETY
The Contractor shall conduct his work so as to interfere as little as possible with private business or public
travel. He shall, at his own expense, whenever necessary or required, maintain barricades, maintain
lights, and take such other precautions as may be necessary to protect life and property, and he shall be
liable for all damages occasioned in any way by his actions or neglect or that of his agents or employees.
333. 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.
98-1096
Ciry of Miami. Florida Special Condifions (cont.) Bid No. 97-98-183 M/WBE
3.34. EXAMINATION OF THE WORK
The City shall be furnished with every means to verify whether or not the materials and the work
performed is in accordance with the requirements and intent of these specifications. Failure to reject or
condemn defective work at the time it is done will not prevent its rejection whenever it is discovered
before the project is finally approved and accepted.
3.35. USE OF PREMISES
The Contractor shall confine his/her equipment, apparatus, the storage of materials, and the operation of
his/her workers to the limits indicated by law, ordinances, permits, or direction of the project manager,
and shall not unreasonably encumber the premises with his materials. The Contractor shall take all
measures necessary to protect his own materials.
3.36. FINAL CLEAN-UP
Upon completion of the work and before acceptance and final payment is made, the Contractor shall
clean, remove, and properly dispose of from the premises, all surplus and discarded materials, rubbish,
and temporary structures, and shall restore in an acceptable manner all property, both public and private,
which has been damaged during the performance of the work, and shall leave the work in a neat and
presentable condition.
337. INQUIRIIES
Questions regarding this bid should be directed to Ms. Pamela Burns, Sr. Procurement Contracts Officer,
at (305) 416-1905.
3.38. LIQUIDATED DAMAGES
Upon failure to complete the project in accordance with the specifications and to the satisfaction of the
City within the time stated, the successful bidder shall be subject to charges for liquidated damages in the
amount of $50.00 for each and every calendar day the work remains incomplete. As compensation due the
City for loss of use and for additional costs incurred by the City due to such non -completion 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 the agreement or to invoice the bidder for such damages if the costs
incurred exceed the amount due to the bidder.
339. EMPLOYEES ARE RESPONSIBILITY OF BIDDER
All employees of the bidder shall be considered to be, at all time, the sole employees of the bidder under
its sole direction and not an employee or agent of the City of Miami, The bidder shall supply competent
and physically capable employees. The City may require the bidder to remove an employee it deems
careless, incompetent, insubordinate, or otherwise objectionable *and whose continued employment on
City property is not in the best interest of the City. Each employee shall have and wear proper
identification.
3.40. FURNISH AND SET IN PLACE REQUIREMENTS
The successful bidder shall be required to furnish the materials or products identified in these bid
specifications as well as to set in place or install materials or products at the location designated by the
City. The successful bidder shall also be require to provide adequate training to City personnel on the
appropriate use of the materials or products if necessary.
3.41. LIMITED CONTRACT -EXTENSION
Any specific work assignment which commences prior to the termination date of the contract and which
will extend beyond the termination date shall, unless terminated by mutual written agreement by both
parties, continue until completion at the same prices, terms and conditions as set forth herein.
98-1096
City of Miami, Florida Special Conditions (cony.) Bid No. 97-98-183 M/WBE
3.42. PROTECTION OF PROPERTY
All existing structures, utilities, services, roads, trees, shrubbery, etc. shall be protected against damage or
interrupted services at all times by the bidder during the term of this contract; and the bidder shall be held
responsible for repairing or replacing property to the satisfaction of the City which is damaged by reason
of the bidder's operation on the property.
3.43. WARRANTY, FITNESS FOR PURPOSE
The vendor warrants the materials supplied and the work performed under this contract conform to
warranty materials provided and work performed for one (1) year from date of completion.
In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products
and/or service against faulty labor and/or defective material for a minimum period of one (1) year after
the date of acceptance of the labor, materials and/or equipment by the City. this warranty requirement
shall remain in force for the full one (1) year period; regardless of whether the bidder is under contract
with the City at the time of any defect. Any payment by the City on behalf of the goods or services
received from the bidder does not constitute a waiver of these warranty provisions.
The bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within five
(5) calendar days after the City notifies the bidder of such deficiency in writing. If the bidder fails to
honor the warranty and/or fails to correct or replace the defective work or items within the period
specified, the City may, at its discretion, notify the bidder, in writing, that the bidder may be debarred as a
City bidder and/or subject to contractual default if the corrections or replacements are not completed to
the satisfaction of the City within ten (10) calendar days of receipt of the notice. If the bidder fails to
satisfy the warranty within the period specified in the notice, the City may (a) place the bidder in defaults
of its contract, and/or (b) procure the products or services from another vendor and charge the bidder for
any additional costs that are incurred by the City for this work or items; either through a credit
memorandum or through invoicing.
98-1096
TABULATION OF BIDS
ASPHALT PAVING AT
KENNEDY AND MORNINGSIDE PARKS
BID NO. 97-98-183 M/WBE
MBL Paving Miguel Lopez Jr., Inc.
1751 N.W. 110 Avenue 7711 N.W. 74th Avenue
Miami, Fla. 33172 Medley, Fla. 33166
Dade Co. / Black Dade Co. / Hispanic
(Certified by City) (Certified by City)
ITEM: DESCRIPTION:
TOTAL COST TOTAL COST
1 To include all labor, merials, permits,
$ 16,200.00 $ 18,500.00
licenses, supervision & equipment
for paving at Morningside Park.
2 To include all labor, merials, permits,
$ 15,000.00 $ 25,425.00
licenses, supervision & equipment
for paving at Kennedy Park.
3 Provision for Special Items
$ 2,000.00 $ 2,000.00
(not to exceed $2,000.00)
TOTAL COST
$ 33,200.00 $ 45,925.00
(Time req. to complete work)
30 days 36 days
to Ap pQ4Ju
C�0 dy S. Ca
1 Director
Date:
Prepared by Pamela Burns, 10/7/98
Approved
Dep ment Director signe
Date:
CITY OF MIAMI OFFICE OF THE CITI .JERK
BID SECURITY LIST
BID ITEM: REPAVEMENT AT MORNINGSIDE PARK AND KENNEDY PARK FOR THE DEPARTMENT
OF PARKS AND RECREATION. A V-) �'
BID NO.: • 97-98-1
DATE BID(S) OPENED: OCTOBER 7, 1998 TIME 10:00 AM
BIDDER
TOTAL BID
AMOUNT
BID BOND (ER)
CASHIER'S CHECK
MBL PAVING
$ 33,200.00
MIGUEL LOPEZ, JR., INC.
45,925.00
NO BID:
CCMMUNITY.ASPHALT CORP.
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
received timely as of the c b
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72 cpen'rg Tdatendtime.
All
unurb t .. . "«=..
are hereby re cc ed as la: �. `77
L . J
.
- — Z �-A kjdLlgreceived (2 , envelopes 01, behalf Of
Person receiving bids)
(City Department)
on �a - % - ire
(Date)
SIG
Deputy City Cr
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CITY OF MIAMI
ADVERTISEMENT FOR BIDS
Sealed bids will be received by the City of Miami City Clerk at his office located at City Hall,
3500 Pan American Drive, Miami, FI. 33133 for the following:
BID NO.97-98-183-M/WBE Repavement at Morningside Park and Kennedy Park for the
Department of Parks and Recreation.
OPENING DATE: 10:00 A.M. Wednesday, October 7, 1998.
This bid has been designated as a set aside for Black, Hispanic, or Female vendors certified
with the City of Miami's Minority/Women Business Enterprise (M/WBE) Program. M/WBE
certification as Black, Hispanic or Female vendor must be current and valid at the time of bid
opening and proof must be submitted with your bid. Ail bidders are required to submit with
their bid response proof of City of Miami M/WBE certification. Bidders should contact Ms. Effie
McCartney, M/WBE Supervisor, at (305) 416-1921 or Anita Moore at (305) 416-1913 for
certification information.
FAILURE TO MEET THE ABOVE SET ASIDE REQUIREMENTS MAY DEEM YOUR BID NON -RESPONSIVE.
Donald H. Warshaw CITY OF MIAMI
City Manager LOGO
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
AD NO.5341
"=
r �
City of Miami
REQUISITION FOR ADVERTISEMENT
number must
appear
appear in the
advertisement
INSTRUCTIONS: Please
a and attach a copy of the v rti
m nt with this reguisition.
1. Department:
2. Division:
3. Account Code number:
4. Is this a confirmation:
❑ Yes ❑ No
5. Prepared by:
6. Size of advertisement:
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published:
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Display
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Date(s) of
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Invoice No.
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t.
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Approved for Payment
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C IGS/PC 503 Rev. 12/89
1 Routing: Forward White and Canary to G.S.A. (Procurement Management) and retain Pink coDv.
uw i nitsu i wn: wnite - U.S.A.; Ganary - Department