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HomeMy WebLinkAboutR-98-1169J-98-1166 11/23/98 RESOLUTION NO. 9 8 - 116 9 A RESOLUTION APPROVING THE MAINTENANCE AND REPAIR SERVICES OF OVERHEAD ROLL -UP DOORS FROM BEST GARAGE DOOR, INC., AWARDED UNDER MIAMI-DADE COUNTY CONTRACT NO. 6050-1/01-CW, ON AN AS -NEEDED CONTRACT BASIS UNTIL OCTOBER 31, 2000, WITH THE OPTION TO EXTEND FOR ONE (1) ADDITIONAL YEAR, FOR THE DEPARTMENTS OF FIRE -RESCUE AND GENERAL SERVICES ADMINISTRATION, AT AN ANNUAL AMOUNT NOT TO EXCEED $43,000.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NOS. 001000.280701.6.670 AND 503001.420905.6.670. WHEREAS, the Departments of Fire -Rescue and General Services Administration ("GSA") require maintenance and repair services for overhead roll -up doors at several of their facilities; and WHEREAS, maintenance and repair services are more efficiently provided by procuring said services from a provider of same; and WHEREAS, funds are available from Account Code Nos. 001000.280701.6.670 and 503001.420905.6.670, respectively; and WHEREAS, the City Manager and the Director of Purchasing recommend that maintenance and repair services for overhead roll -up doors from Best Garage Door, Inc., awarded under Miami -Dade County contract, be approved; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the CITY COTOUSSION IMTING OF - DEC ® Et 1998 R"oluUm No. 98-1169 Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Maintenance and repair services for overhead roll -up doors from Best Garage Door, Inc., awarded under Miami -Dade County Contract No. 6050-1/01-CW, on an as -needed contract basis until October 31, 2000, with the option to extend for an additional one (1) year period, for the Departments of Fire -Rescue and GSA, at an annual amount not to exceed $43,000.00, is hereby approved, with funds therefor hereby allocated from Account Code Nos. 001000.280701.6.670 and 503001.420905.6.670. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.1/ PASSED AND ADOPTED this 8th day of December , 1998. JOB CAROLLO, MAYOR In ardance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of ft legislation by signing it in the designated place provided, said legis l^ti n n-OW Wcomes effective with the elapse of ten (10) days fT#Dm the date of Comnii sign action ATTEST: regarding same, without the Mayor exercisi g v o. WALTER J . FOEMAN, CITY CLERK f 1V'1.Nar amen City Clerk CORRECTNESS:ej ;.Y" ATTORNEY 067:CSK:kc l� 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 98-1169 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and DATE: embers of the City Commission SUBJECT: 'f na . Warshaw FROM: City Manager REFERENCES ENCLOSURES: RECOMMENDATION CA-9 NOV3 U 19.98 FILE : Authorizing the Maintenance and Repair Services of Overhead Doors Dade County Contract No. 6050-1 /01-CW It is recommended that the City Commission adopt the attached Resolution approving the maintenance and repair services of overhead roll -up doors from Best Garage Door, Inc., on an as -needed contract basis until October 31, 2000, with the option to renew for one (1) additional . year, for the Departments of Fire -Rescue and General Services Administration, at an annual amount not to exceed $43,000.00. Funds are available from Account Code Nos. 001000.280701.6.670 and 503001.420905.6.670. BACKGROUND The Department of Purchasing has seen a need to secure a contract for the maintenance and repair services of the City's overhead roll -up doors. The Department of Purchasing, various municipalities and agencies have realized substantial savings utilizing the Miami -Dade County contract for the maintenance and repair services of overhead rol -up doors from Best Garage Door, Inc. DHW/jWB4SCkjb CoverMemoOvrHdDrsMair,.;)CB 98-1169 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Donald H. Warshaw DATE: November 2, 1998 FILE City Manager SUBJECT: Funding Authorization for Garage Door ✓� Maintenance Contract FROM : Cual, Director REFERENCES: Miami -Dade 6050-1/01 D artment of General Services Administration ENCLOSURES: The Department of General Services Administration has verified with the Department of Management and Budget that funding in the amount of $10,000 is available for the Garage Door Maintenance Contract under Miami -Dade County 6050- 1/01, with Best Garage Door, Inc., in the Fleet Management FY '99 Operating Budget, Account Code 503001-420905.6.670. BUDGETARY REVIEW AND APPROVED BY: Date: P ipak Parekh, Director Department of Management and Budget DHW/RM/JAP/eh GSAMeGarageDoor.doc itrisgM a Budget T 71 aible In account number. _ Wrified by: SIGNATURE 98-1169 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Judy S. Carter, Director Purchasing Department FROM : t.11l�f l.:A: Gfinlem� Director Department of Fire -Rescue DATE October 29, 1998 FILE : SUBJECT : Funding for the Maintenance and Repair Services of Overhead Roll -up Doors REFERENCES: ENCLOSURES : Dade County Contract No. 6050-1 /01-CW This Department has verified funding with the Department of Budget that funds are available to cover the cost of the above mentioned subject, in the amount of $33,000.00, from Account Code No. 001000.280701.6.670. BUDGETARY REVIEW AND APPROVAL BY: OPP Dipak Parekh, ' ector Department of Budget y CAG LK/acp �o aQ Amour't o. a000unt J.o available e o CcG t+ W S� �uRt 98-1169 C01, R A C T AWARD Si.,ET BID NO.: 6050-1/01-CW ROLL UP DOOR, MAINTENANCE AND REPAIRS CONTRACT PERIOD: 11/1/98 thru 10/31/00 COMMODITY CODE: 150-89 (Previous Bid No 0503-1/98-1) OTR YEARS: One AWARD BASED ON MEASURES: Yes ( ) No (X): ( )Set Aside ( )Bid Preference ( )Goal ( )BBE ( )HBE ( )WBE owned firms ( ) Local Preference ( ) CSBE Level _ ( ) Prevailing Wages (Reso. 90-143) PART #1: VENDORS AWARDED F.E.I.N.: 59-2301652 VENDOR: Best Garage Door, Inc. STREET: 9625 N.W. 80 Avenue CITY/STATE/ZIP: Hialeah Gardens, FL 33016 F.O.B. TERMS: Dest. PAYMENT TERMS: 2%-20 days, net 30 DELIVERY: As required PHONE: (305) 821-9720 FAX: (305) 821-3943 CONTACT PERSON: Santiago A. Suarez PART #2: ITEMS AWARDED SEE ATTACHED PART #3: AWARD INFORMATION (X)BCC ( )PMD AWARD DATE: 9/15/98 BIDS & CONTRACTS RELEASE DATE: 10/13/98 ADDITIONAL ITEMS ALLOWED: N/A SPECIAL CONDITIONS: SEE ATTACHED TOTAL CONTRACT VALUE: $1,410,200.00 USER DEPARTMENT Aviation Corrections Fire GSA MDHA MDTA MWASAD Park & Rec. Seaport PROCUREMENT AGENT: EDWARD MASON, CPPB, 10-15-98 AGENDA ITEM #: 6F3F (982635) OTR YEAR: N/A DOLLAR AMOUNT $250,000.00 $150,000.00 $300,000.00 $50,000.00 $44,000.00 $88,000.00 $140,000.00 $30,000.00 $180,000.00 MODIFIED CONTRACT VALUE: $ 98-1169 METROPOLITAN DADE COUN'ir BID NO. 6050-1/01-OTR-CW B I D P R O P O S A L F 0 R: DOORS (ROLL -UP), REPAIRS AND PREVENTATIVE MAINTENANCE FIRM NAME: Bes-t G a rca g e Door. I n c. Item Description Unit Price 1. PREVENTATIVE MAINTENANCE (SEAPORT): Preventative Maintenance (Semi -Annual) of one hundred sixty-four (164) doors at Seaport Department. A. Fourteen (14) Wilson Doors, one (1) door at terminals 1 thru 5, two (2) doors at terminals 8 and 9 and five (5) doors at the maintenance shop. B. Thirty (30) Balfour Doors at Shed A. B. Twenty-eight (28) Wilson Doors at Shed B. D. Fourteen (14) Wilson Doors at Shed C. E. Twenty-three (23) Cornell Doors at Shed D. F. Ten (10) Wilson Doors at Shed E. G. Ten (10) Wilson Doors at Shed F. H. Eleven (11) North American Doors at Transit Shed G. I. Eight (8) Cornell Doors at the Oceanographic Center. J. Fourteen (14) Rolite Doors at Seaboard Marine Truck Maint. Facility. K. Two (2) Kinnear Rolling Steel Doors at terminal 12. Total Charge for Doors (1.A thru 1.K) ...$ ES y0- Semi -Annually 2. Emergency Repairs L. Mechanic (Reg. Time) .............................. $ 30 • Per Hr. M. Mechanic Helper (Reg. Time) ....................... $ Per Hr. Emergency Repairs Other Than Regular Hours C. Mechanic ................................................ $ y 5. per hr. D. Mechanic Helper ........................................ $ �a• per hr. 3. FIRE DEPARTMENT EMERGENCY REPAIRS: E. Mechanic (Reg. Time) .......................... $ per hr. F. Mechanic Helper (Reg. Time) ................... $1$,__ per hr. Material cost shall be at contractor cost plus oZ o % mark-up. Mark-up shall not exceed 20% (See Section 2.0, Paragraph 2.31). 98-1169 BID NO: 6,..,0-1 /01-OTR-CIA' OPENING: 2:00 P.M. Wednesday DATE: July 15, 1999 MIAMI-DADE COUNTY, FLORIDA INVITATION TO BID TITLE DOORS (ROLL -UP), PRE-VENTATIVE MAINTENANCE AND REPAIRS FOR VARIOUS COUNTY DEPARTMENTS FOR A TWO (2) YEAR PERIOD WITH COUNTY OPTION THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW: BID DEPOSIT AND PERFORMANCE BOND: CATALOGUE AND LISTS: EQUIPMENT LIST: INDEMNIFICATION/INSURANCE: PRE -BID CONFERENCE/WALK-THRU RACE -CONSCIOUSNESS MEASURE: SAMPLES/INFORMATION SHEETS: SITE VISIT/AFFIDAVIT: SOURCE OF SUPPLY: TRADE CERTIFICATION: WRITTEN WARRANTY: FAIR SUBCONTRACTING PRACTICES: LISTING OF SUBCONTRACTORS & SUPPLIERS N/A N/A N/A SEE SECTION 2.0, PARA. 2.11 N/A N/A N/A N/A N/A SEE SECTION 2.0, PARA. 2.14 N/A N/A SEE SECTION 2.0, PARA. 2.44 FOR INFORMATION CONTACT: EDWARD MASON, CPPB (305) 375-3900 MIAMI-DADE COUNTY GENERAL SERVICES ADMINISTRATION PROCUREMENT MANAGEMENT DIVISION 98-1169 INSTRUCTIONS FOR MAILING A BID IN RESPONSE TO A FORMAL BID SOLICITATION - Each Bid Proposal submitted to the CLERK OF THE BOARD will have the following information clearly marked on the face of the envelope: > Bidder's name and return address > Bid Number > Opening date of Bid > Title of the Bid Failure to include this information may result in your Bid not being considered. The Bidder will submit each Bid Proposal, consisting of one original and three copies and any attachments in one envelope. Bid responses submitted at the same time for different Bid Solicitations shall be placed in separate envelopes and each envelope shall contain the information previously stated. Failure to comply with this requirement may result in the Bid from being considered. THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A BID TO THE CLERK OF THE BOARD ON OR BEFORE THE STATED TIME AND DATE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER DADE COUNTY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ANY MAIL, PACKAGE OR COURIER SERVICE, INCLUDING THE U.S. MAIL, OR CAUSED BY ANY OTHER OCCURRENCE. ANY BID RECEIVED AFTER THE DATE AND TIME STATED IN THE INVITATION TO BID WILL NOT BE OPENED AND WILL NOT BE CONSIDERED. This Bid shall be submitted to the following address: CLERK OF THE BOARD Stephen P. Clark Center I II N.W. 1st Street, 17th Floor, Suite 202 Miami, Florida 33129-1983 It is the policy of Metropolitan Dade County to comply with all requirements of the Americans with Disabilities Act (A.D.A). For A.D.A. complaints call (305) 375-3566. The Bidder recommended for award shall be required to complete an A.D.A. affidavit in accordance with Resolution R-385-95 prior to the award of a Bid Solicitation. Failure to complete the affidavit as required may result in the rescinding of the recommendation for award. E3 98--1169 a:bQiiS=15.doc Rev.6/13/97 SECTION 1 . GENERAL. TERMS AND CONDITIONS 1.1 The term `Bid" shall refer to any offer(s) submitted in response to this Bid Solicitation. The term "County" shall refer to Metropolitan Dade County. The term `Bidder" shall refer to anyone submitting a Bid in response to - this Bid Solicitation. The term "Contractor" or "Successful Bidder" shall refer to the Bidder receiving an award as a result of this Bid Solicitation. The term "Bid Solicitation" shall mean this Bid Solicitation, the Bidder's response to this Bid Solicitation, as approved by the County in accordance with Administrative Order 3-2 and any purchase order or change order issued by the GSA Procurement Manasement Division. The term "GSA" shall refer to Dade County's General Services Administration Department. 1.2 CONTENTS OF BID A. General Conditions (1) It is the sole responsibility of the Bidder to become thoroughly familiar with the Bid requirements and all terms and conditions affecting the performance of this Bid Solicitation. Pleas of ignorance by the Bidder of conditions that exist, or that may exist will not be accepted as a basis for varying the requirements of the County, or the compensation to be paid to the Successful Bidder. (2) The Bidder is advised that this Bid Solicitation is subject to all legal requirements contained in the County's Administrative Order 3-2 and all other applicable County Ordinances and/or State and Federal Statutes. Where conflicts exist between this Bid Solicitation and these legal requirements, the higher authority shall prevail. Im a:boi15-15.doc 1 Rev.199:- 1169 B. Additional Information/Addenda (1) Request for additional information, explanation, clarification or interpretation must be made in writing to the GSA Procurement Management Division contact -person identified on the cover page of this Bid Solicitation. The request shall be received by GSA Procurement Management Division no later than fourteen (14) working days prior to the Bid opening date. Any request received after that time. may not be reviewed for inclusion in this Bid Solicitation. The request shall contain the requester's name, address, and telephone number. If transmitted by facsimile, the request shall also include a cover sheet, with the sender's facsimile number. (2) GSA Procurement Management Division will issue a response to any inquiry as it deems necessary, by written addenda, issued prior to the Bid opening date. The Bidder shall not rely on any representation, statement or explanation other than those made in this Bid Solicitation document or in any addenda issued. Where there appears to be a conflict between this Bid Solicitation, and any addenda issued, the last addendum issued will prevail. (3) It is the Bidder's responsibility to ensure receipt of all addenda and substitute Bid Proposal Forms. The Bidder shall verify with the GSA Procurement Management Division contact person, prior to submitting a Bid, that all addenda have been received. If applicable, the Bidder is required to submit the substitute Bid Proposal Forms and acknowledge the .number of addenda received as part of this Bid Solicitation, by completing and signing the attached Addenda Acknowledgment Form. C. Conflicts in this Bid Solicitation Where there appears to be a conflict between the General Terms and Conditions, the Special Conditions, the Technical Specifications, the Bid Proposal Section, or any addendum issued, the order of precedence shall be: the last addendum issued, the Bid Proposal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. D. Prices Contained in this Bid Solicitation (1) Prompt Payment Terms a. The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price for Bid evaluation purposes. Im 98--1169 a:boi15-15.doc 2 Rev. 6/13/97 b. The Bidder is required to provide prompt payment terms in the space provided on the Bid Proposal signature page of this Bid Solicitation. • If no prompt payment discount is being offered, the Bidder shall enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is hereby understood and agreed that the payment terms will be 2% 20 days, effective after receipt of invoice or final acceptance, whichever is later. 1.3 PREPARATION AND SUBMISSION OF BED A. Preparation/Submission (1) The Bid Proposal Form shall be used when submitting a Bid. Use of any other form shall result in the rejection of the Bidder's Proposal. (2) The Bid will either be typed or completed legibly in ink. The Bidder's authorized agent will sign the Bid Proposal Form in ink, and all corrections made by the Bidder will be initialed in ink by the authorized agent. The use of pencil or erasable ink or failure to comply with any of the foregoing may result in the rejection of the Bid. (3) Where there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. (4) The County will consider additional Bid Proposal(s) from the same Bidder for the same Bid Solicitation, provided that; (a) the additional Bid(s) offer a different product and/or level of service that meets or exceeds this Bid Solicitation requirements; (b) the Bidder completes a separate Bid Proposal Form for each Bid and shall mark "Alternate Bid(s)" on the first page. Failure to comply with the foregoing may result in the rejection of the additional Bid(s). (5) Unless. otherwise specified in the Special Terms and Conditions, the proposed delivery and/or completion time, if required, shall be stated in calendar days. (6) The Bidder shall not charge tax, as the County is exempt from all State, Excise, Federal and Local sales tax. Not withstanding, any tax on materials and/or supplies which are purchased by the Bidder, in conjunction with this Bid Solicitation shall be subject to the Florida State Sales Tax, in accordance with Section 212.08 of Florida Statutes, amended 1970, and all amendments thereto, shall be borne solely by the Bidder. When the materials and/or supplies are not manufactured by the Bidder, taxes must be incorporated in the Bid price, not as a separate item. When materials and/or supplies are manufactured by the Bidder and are not for resale, the County is exempt. a:boi15-15.doc 3 Rev. 6/ 13/97 98-1169 The County may be subject to applicable taxes on goods purchased for the purpose of resale. Upon request, the County will provide a tax exemption certificate, if applicable. Any special tax requirements will be specified either in the Special Conditions or in the Technical Specifications. (7) Any telegraphic or facsimile Bid will not be considered. (8) The Bidder shall incorporate in their Bid price all costs related to this Bid Solicitation. (9) The apparent silence of the specifications and any addenda 'regarding any details or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials and workmanship of first quality are to be used. All interpretations of the specifications shall be made upon the basis of this Bid Solicitation. B. Vendor Registration Dade County requires the Bidder to complete a registration application with GSA Procurement Management Division. The Bidder must be registered to be recommended for any contract award. To register, or for assistance in registering, contact (305) 375-5287, C. Criminal Conviction Disclosure Pursuant to Metro -Dade County Ordinance No. 94-34, "Any individual who has been convicted of a felony during the past ten (10) years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten (10) years shall disclose this information prior to entering into a Contract with or receiving funding from the County." Forms are available from GSA Procurement Management Division. D. Sworn Statement on Public Entitv Crimes Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, "Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Bid Solicitation to provide goods and/or services to a public entity, may not submit a Bid on a Bid Solicitation with a public entity for construction or repair of a public building or public work, may not submit a Bid on leases of real property.to a public entity, may not be awarded or perform work as a Contractor or, supplier, or gbbcontractor or consultant under a Bid Solicitation with any public entity, and may not transact business with any public entity in excess of 98r�i V V xboi15-15. doc 4 Rev. 6/ 13/97 the threshold amount provided in Section 287.017, for CATEGORY TWO ($10,000.00) for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." E. Minority and Disadvantaged Business Enterprises The County endeavors to obtain the participation of all minority and disadvantaged business enterprises. For information and to apply for certification, contact the -Department of Business Development, 111 N.W. 1st Street, Suite 1710, Miami, FL 33128, Phone: (305) 375- 4132. F. Business Activitv With and Travel To Cuba Pursuant to Metro -Dade County Resolutions Nos. 202-96 and 206-96 as implemented by Administrative Order 3-12, which restricts purchases from a firm conducting business with Cuba, and restricting travel to Cuba by the Successful Bidder, respectively, the Bidder shall be required to complete a Cuba affidavit prior to the award of this Bid Solicitation. Failure to complete the affidavit, may result in the rejection of the Bidder's Proposal and/or rescinding of the recommendation for award. G. Collection of Fees. Taxes and Parkin Tickets By acceptance of .this Contract, the Successful Bidder acknowledges compliance with the procedures contained in Section 2-8.1 (c) of the Code of Metropolitan Dade County, and as amended by Ordinance 96- 178, which requires that all delinquent and currently due fees, taxes and parking tickets have been paid. To verify or satisfy all delinquencies and currently due fees, taxes and parking tickets, contact the Dade County Tax Collector's Division at (305) 375-5762. H. Antitrust Laws By acceptance of this Contract, the Successful Bidder complies with all antitrust laws of the United States and the State of Florida, in order to protect the public from restraint of trade which illegally increases prices. 1.4 MODIFICATION OR WITHDRAWAL OF A BID A. Modification of a Bid Any modification by the Bidder to a Bid shall be submitted to the CLERK OF THE BOARD prior to the time and date set for Bid opening. The Bidder shall submit the new Bid Proposal Form and a letter, on company letterhead, signed by an authorized agent of the Bidder stating that the new submittal supersedes the previously a:boi15-15.doc 5 Rev.997 116 9 submitted Bid Proposal. The sealed envelope shall contain the same information as required for submitting the original Bid. In addition, the envelope shall contain a statement that this Bid replaces the previously submitted Bid. No modifications of a Bid shall be accepted after the Bid has been opened. 1. B. Withdrawal of a Bid A Bid shall be irrevocable unless the Bid is withdrawn as provided herein. A Bid may be withdrawn only by written letter received by the CLERK OF THE BOARD prior to the Bid opening date. A Bid may also be withdrawn ninety (90) days after the Bid was opened and prior to award, by submitting a letter to the contact person identified on the front cover of this Bid Solicitation. The withdrawal letter must be on company letterhead and signed by an authorized agent of the Bidder. 1.5 EVALUATION OF ABED A. Rejection of Bid (1) The County may reject any Bidder's Proposal and award to the next lowest responsive/responsible Bidder or; The County may reject and re -advertise for all or any part of this Bid Solicitation, whenever it is deemed in the best interest of the County. The County shall be the sole judge of what is in its "best interest." (2) The County may reject any Bid if prices are not fair and reasonable, as determined by the County, and/or exceed the County's estimated budget for this Bid Solicitation or; If the -Bidder take exceptions to or modifies the terms and conditions of this Bid Solicitation. The County shall be the sole judge of what is "fair and reasonable." B. Elimination from Consideration This Bid Solicitation shall not be awarded to any person or firm which is in arrears to Dade County upon any debt, taxes, or Contract which is defaulted as surety or otherwise upon any obligation to the County. C. Waiver of Informalities The County reserves the right to waive any informalities or irregularities in this Bid Solicitation. a: boils-15. doc 6 &v 6117 D. Demonstration of Competency (1) A Bid will only be considered from a firm which is regularly engaged in the business of providing the goods and/or services required by this Bid Solicitation. The Bidder must fie able to demonstrate a good record of performance and have sufficient financial resources, equipment and organization to ensure -that they can satisfactorily provide the goods and/or services if awarded this Bid Solicitation. (2) The County may conduct a pre -award inspection of the Bidder's site or hold a -pre-award qualification hearing to determine if the _ Bidder possesses the requirement as outlined in the above paragraph, and is capable of performing the requirement of this Bid Solicitation. The County may consider any evidence available regarding the financial, technical and other qualifications and abilities of the Bidder, including past performance (experience) with the County or any other governmental entity in making the award. (3) The County may require the Bidder to show evidence that they have been designated as an authorized representative of a manufacturer, supplier and/or distributor, if required by this Bid Solicitation. (4) Dade County reserves the right to audit all records pertaining to and resulting from any award from this Bid Solicitation, financial or otherwise. E. Copv of Bid Tabulation The Bidder who desires to receive a copy of the Bid tabulation shall enclose a self-addressed/stamped envelope (correct size of envelope and postage is a must .depending on the amount of information involved) when submitting its Bid Proposal. Bid results will not be given out by telephone or facsimile. 1.6 AWARD OF BID SOLICITATION A. Contract This Bid Solicitation, any addenda and/or properly executed modifications, the purchase order (if issued), and a change order (if applicable), constitute the entire Contract. B Tie Bid Any tie Bid will be decided by the Director of Procurement or designee, and according to Ordinances Nos. 94-166 and 96-26 and Resolution No. 50-96, when applicable. a:boi15-15.doc 7 Rev. g&197 i 16 9 C. Additional Information The award of this Bid Solicitation may be preconditioned on the subsequent submission of other documents, as specified in the Special Conditions or Technical Specifications. The Successful 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 County. Where the Successful Bidder is in default of the contractual requirements, the County, through action taken by GSA Procurement Management Division, may rescind the award. D. Term of Contract The term of this Bid solicitation shall be specified on one of three documents, issued to the Successful Bidder. These documents may either be this Bid Solicitation, a purchase order or an award sheet. E. Contract Extension The County reserves the right to automatically extend this Contract for up to ninety (90) calendar days beyond the stated Contract term.'- The County shall notify the Successful Bidder in writing of such extensions. Additional extensions over the first ninety (90) day extension may occur, if, the County and the Successful Bidder are in mutual agreement of such extensions. If this F. Warranty Any implied warranty granted under the Uniform Commercial Code shall apply to all goods purchased under this Bid Solicitation. G. Estimated Ouantities Estimated quantities or estimated dollars, if provided, are for Bidder's guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the Contract period. The County is not obligated to place any order for a given amount subsequent to the award of this Bid Solicitation. Estimates are based upon the County's actual needs and/or usage during a previous Contract period. Said estimates may be used by the County for purposes of determining the low Bidder meeting specifications. K Non -Exclusive Contract Although the purpose of this Bid Solicitation is to secure a Contract that can satisfy the total needs of the County or of a specific County aTtency, it is hereby agreed and understood that this Bid Solicitation does not constitute the exclusive rights of the Successful Bidder to receive all orders that may be generated by the County in conjunction a:boil5-15.doc 8 9 Q— 1 1 6 9 Rev. 6113197 with this Bid Solicitation. In addition, any and all commodities, equipment, and -service required by the County in conjunction with construction projects are solicited under a distinctly different bid process and shall not be purchased under the terms, conditions and awards rendered under this Bid Solicitation, unless such purchases are determined to be in the best interest of the County. I. Local PreferenceDOES NOT APPLY The award of this Bid Solicitation is subject to Ordinances Nos..94-166 and 96-26 and Rolution No. 50-96; which, except where federal or zestate law maadQi to the contrary, allow preference to be given to a d, local busin in the amount c� one and one-IWf percent (1.5%) for o Dade sty and one perceft'(1%) for Broward Cot%t�K.of the Bid Z Proposal price. For the oses of the applicability oft -I is Ordinance, w "local business" mea�9,`the Biddef "fias its headquarters located Metropolitan Dade 04 Broward Counties .or ho'a place of buk2ss located in Metropolitan Dade or Broward Counties at whiA will produce, distribute and/or perform a substantial portion R5fhe goods and/or services to be purchased. K. Limited Contract Extension Any specific work assignment which commences prior to the termination date of the Contract and which will extend bevond 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 in this Bid Solicitation. 1.7 RIGHT OF APPEAL Any Bidder may protest any recommendation for Contract award or rejection of all Bids, in'accordance with the procedures contained in Sections 2-8.3 and 2-8.4 of the Code of Metropolitan Dade County, as amended by, Ordinances Nos. 95-201 and 95-126, and as established in Administrative Order 3-21. A. Bid Award Over $500,000.00 This Bid award recommendation will be in writing, signed by the Director of GSA Procurement Management Division or designee and filed with the Clerk of the Board. The Bidder shall have ten (10) business days after the filing of an award recommendation to file a written protest with the Clerk of the Board. As a condition of initiating a protest of award recommendation, the Bidder shall post at the time of filing a Surety Bond ( cashier's check or money order ) in the amount .9f $500.00 payable to the Board of County Commissioners. Failure to file the proper Bond at the time of filing the protest, will result in denial of the protest. If, the Hearing Examiner's ruling is in favor a:boi15-15.doc 9 Rom, 6t13�gy � 6 of the County's recommendation, the Bidder's Bond will be forfeited and the County will seek all costs and attorney's fees. B. Bid Award Over $25 000.00 but less than $500 000.00 This Bid award recommendation will be posted by 9:00 A.M., every Monday in the lobby of the Stephen P. Clark Building. It shall be the responsibility of the Bidder to monitor such Bulletin Board after the Bid opening to ascertain. that a recommendation for award has been made. In addition, the Bidder can call the Bid Award Line at (305) 375-4724 or (300) 510-4724, or contact the person identified on the . cover page of this Bid Solicitation. The Bidder shall have five business (5) days after the posting of an award recommendation to file a written protest with General Services Administration. Procurement Management Division or the using department awarding this Bid Solicitation. The Bidder shall post at the time of filing, a Surety Bond ( cashier's check or money order ) in the amount of S500.00 payable to General Services Administration_ Procurement Management Division or the using department awarding this Bid Solicitation. Failure to submit the proper Bond at the time of filing the protest, will result in denial of the protest. If, the County's recommendation prevails, the Bidder's Bond will be forfeited and the County will seek all costs and attorney's fees. C. Bid Award of $25.000.00-or less This Bid award recommendation is final and may not be protested. 1.8 CONTRACTUAL OBLIGATIONS A. Rules. Regulations, Licensing Reguirements The Successful Bidder shall comply with all laws and regulations applicable to the goods and/or services contained in this Bid Solicitation. The Bidder is presumed to be familiar with all Federal, State and local laws, ordinances, codes and regulations that may in any way affect the goods and/or services offered. B. Conditions of Material and Packaging (1) Unless otherwise specified in the Special Conditions or Technical Specifications, all containers shall be suitable for shipment and/or storage and comply with the County's Recycled Packaging Resolution No. R738-92. (2) X11 goods furnished shall be fully guaranteed by the Successful Bidder against factory defects and workmanship. Any defects which may occur within the period of the manufacturer's standard and/or any a:boi15-15.doc 10 9 8 - 11 C 9 Rev. 6/I3/97 implied warranty shall be corrected by the Successful Bidder at no expense to the County. The standard manufacturer's warranty may be superseded by the Special Conditions. C. Subcontracting (1) Unless otherwise specified in this Bid Solicitation, the Successful Bidder shall not subcontract any portion of the work without the prior written consent of the . County. The ability to subcontract may be further limited by the Special Conditions. Subcontracting without the prior consent of the County may result in termination of this Bid Solicitation for default. (2) Quarterly reporting when a subcontractor is utilized: The Successful Bidder is advised that when a subcontractor is utilized to fulfill the terms and conditions of this Bid Solicitation, Dade County Resolution No. 1634-93 will apply to this Bid Solicitation. ' This resolution requires the Successful Bidder to file quarterly reports as to the amount of Contract monies received from the County and the amount that have been paid by the Successful Bidder directly to certified Black, Hispanic and Women -Owned businesses, performing part of this Bid Solicitation work. Additionally, the listed businesses are required to sign reports, verifying their participation in this Bid Solicitation work and their receipt of such monies. The requirements of this resolution shall be in addition to any other reporting requirements by Federal, State or local laws, ordinances or administrative orders. (3) Where subcontracting is permitted, the Successful Bidder shall obtain consent of the County prior to utilizing the subcontractor. AlI actions of any subcontractor are the sole responsibility of the Successful Bidder. Note: This requirement is separate and independent from any requirements that may be contained in the Special Conditions, Paragraph 2.2. D. Assi nment The Successful Bidder shall not assign, transfer, or otherwise dispose of this Contract, including any rights, title or interest therein, or their power to execute such Contract to any person, company, or corporation without the prior written consent of the County. E. Delivery Unless otherwise specified in this Bid Solicitation, prices quoted shall 'be F.O.B. Destination with freight included in the proposed price. a:boil5-15.doc 11 Rev. 6113/97 98-1169 F. Emglovee Is the Responsibility of the Successful Bidder The employee ofxhe Successful Bidder shall be considered to be, at all times, employee of the Successful Bidder under its sole direction and not an employee or agent of the County. The Successful Bidder shall supply a competent and physically capable employee. The County may require the Successful Bidder to remove an employee it deems unacceptable. Each employee shall wear proper identification. G. Indemnification of County by the Successful Bidder The Successful Bidder shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the Agreement by the Successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The Successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue tfiereon. The Successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. H. 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 Successful Bidder during the term of this Contract. The Successful Bidder shall be held responsible for repairing or replacing property, to the satisfaction of the County, which is damaged by reason of the Successful Bidder's operation on County property. 1.9 MODIFICATION OF THE CONTRACT The Contract may be modified by unilateral action of the County or by mutual consent, in writing, and through the issuance of a modification to the Contract, purchase order, change order or award sheet, as appropriate. s 9s-1169 a:boi15-15.doc 12 Rev. 6/13/97 1.10 TERMINATION OF CONTRACT A Termination for Convenience The County, at its sole discretion, may terminate this Contract without cause by providing the Successful Bidder with thirty (30) day advance notice. Upon the receipt of such notice, the Successful Bidder shall not incur any additional costs under this Contract. The County shall be liable only for reasonable costs incurred by the Successful Bidder, as determined by the County, regardless of the method of payment . required by this Contract. The County shall be the sole judge of "reasonable costs." B. Termination for Default The County may terminate this Contract upon the failure of the Successful Bidder to comply with any provision and/or requirements of this Contract. The County's decision not to take action upon failure of the Successful Bidder to perform shall not be construed as a waiver of the ability of the County to take additional action at a• later date and time. The County shall also have the ability to place the Successful Bidder on probation and/or terminate any portion of this Contract. The date of termination shall be stated in a written notice to the Successful Bidder. In the event the Successful Bidder is terminated for default, the County reserves the right to re -procure the goods and/or services from the next lowest responsive responsible Bidder or re -solicit the goods and/or services. The County may further charge the Successful Bidder any differences in cost between the Successful Bidder's price and the re - awarded price and/or any costs associated with re -awarding or re - soliciting this Contract. The County may also debar or suspend the Successful Bidder from conducting business with the County, and/or eliminate the defaulted Contractor from consideration in future Bid Solicitation, in accordance with appropriate County ordinances, resolutions and/or administrative orders. 1.11 ORDINANCES, RESOLUTIONS AND/OR ADMINISTRATIVE ORDERS To request a copy of any ordinance, resolution and/or administrative order cited in this Bid Solicitation, the Bidder must contact the Clerk of the Board at (305) 375-5126. qM a:boi15-15.doc 13 Rev. 6/13/97 98-1169 METROPOLITAN DADE COUNTY BID NO. 6050-1/01-OTR-CW SECTION 2.0 SPECIAL CONDITIONS DOORS (ROLL -UP), PRE-VENTATIVE MAINTENANCE AND REPAIRS FOR VARIOUS COUNTY DEPARTMENTS 2.1 PURPOSE: TO ESTABLISH A CONTRACT FOR THE COUNTY The purpose of this Invitation To Bid is to establish a contract for the purchase of Pre-Ventative Maintenance and Repairs for Roll -Up Doors in conjunction with the County's needs on an as needed when needed basis. 2.2 Intentionally Omitted 2.3 Intentionally Omitted 2.4 TERM OF CONTRACT: FIXED PERIOD This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, unless otherwise stipulated in the Notice of Award Letter which is distributed by the County's GSA Procurement Management Division; and contingent upon the completion and submittal of all required bid documents. The contract shall remain in effect for twenty-four (24) months and upon completion of the expressed and/or implied warranty periods. 2.5 OPTION TO RENEW _(1) ONE YEAR (With Price Adjustment) The prices for a one year period from effective date shall be consistent with the provisions outlined in section 2.7 of these special terms and conditions; at which time Dade County shall have the option to renew for an additional one year period. At that time Dade County will consider an adjustment to price based on (CPI, Wage Earners, over 1.2 million population. It shall be further understood that the County reserves the right to reject any price adjustments submitted by the bidder and/or to terminate the contract with the bidder based on such price adjustments. Continuation of the contract beyond the initial period is a County prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the County. NOTE: SHOULD THE COUNTY EXERCISE THE OPTION TO RENEW, IT SHALL BE ONLY FOR THOSE ITEMS ORIGINALLY AWARDED. 2.6 METHOD OF AWARD: To Low Bidder In The Aggregate Award of this contract will be made to the responsive, responsible bidder who bids on all items and whose bid offers the lowest price when all items are added in the aggregate. If bidder fails to bid on all items its bid shall be declared non -responsive. The County will award the total contract to a single bidder. Page 1 98-1169 METROPOLITAN DADE COUNTY BID NO. 6050-1/01-OTR-CW 2.7 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT If the bidder is awarded a contract under this bid solicitation, the prices proposed by the bidder shall remain fixed and firm during the term of contract. 2.8 EXAMINATION OF SITE (SEAPORT) (RECOMMENDED) Prior to submitting its proposal it is advisable that the bidder visit the site of the proposed work and become familiar with any conditions which may in any manner affect t-he work to be done or affect the equip- ment, materials and labor required. The bidder is also advised to examine carefully the drawings and specifications and to become thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. For site visitation appointment and for any additional information required regarding the specifications and requirements of _this bid contact Phillip Rose at (305) 347-4809 for appointment. 2.9 Intentionally Omitted 2.10 Intentionally Omitted 2.11 INDEMNIFICATION AND INSURANCE - (15) MAINTENANCE AND REPAIR SERVICES AT AVIATION Provider shall indemnify and. hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of , relating to or resulting from the performance of this Agreement by the Provider or its employees, agents, servants, partners principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The vendor shall furnish to Bid Section, Metropolitan Dade County, c/o Procurement Management Division, 111 N.W. 1st Street, Suite 2350, Miami, Florida 33128-1989, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. Page 2 METROPOLITAN DADE COUNTY BID NO. 6050-1/01-OTR-CW B. Public Liability Insurance on a Comprehensive basis in a amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. The insurance coverage required shall include those classifications; as listed in standard liability insurance manuals, which most nearly reflect the operations of the vendor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All. Insurance Companies Authorized or Approved to Do Business in Florida", issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: DADE COUNTY BID NUMBER AND TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. Issuance of a purchase order is contingent upon the receipt of the insurance documents within fifteen (15) calendar days after Board of County Commission approval. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Invitation To Bid, the Bidder shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. If the Bidder fails to submit the required insurance documents in the manner prescribed in this Invitation To Bid within twenty (20) calendar days after Board of County Commission approval, the Bidder shall be in default of the contractual terms and conditions and shall not be awarded the Page 3 98-1169 METROPOLITAN DADE COUNTY BID NO. 6050-1/01-OTR-CW contract. Under such circumstances, the Bidder may be prohibited from submitting future Proposal to the County in accordance with Section 1.0, para. 1.6 of the General Terms and Conditions. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of ,the contractual period; including any and all option years that may be granted to the Bidder in accordance with Section 2.5 of the Special Conditions. If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for' submitting new dr renewed insurance certificates to the County at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the County shall suspend the contract until such time as the new or renewed certificates are received by the County in the manner prescribed in the Invitation To Bid; provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate this contract for cause and seek re -procurement charges from the Bidder in conjunction with Section 1.10 of the General Terms and Conditions. 2.12 Intentionally Omitted 2.13 Intentionally Omitted 2.14 CERTIFICATE OF COMPETENCY In accordance with the Code of Metropolitan Dade County, Florida, Section 10-3 (B), any person, firm, corporation or joint venture who shall bid or proffer a bid shall, at the time of such bid or proffer of bid, hold a valid Certificate of Competency for Garage and Industrial Door work issued by the State or County Examining Board qualifying said person, firm, corporation or joint venture to perform the work proposed. If work for other trades is required in conjunction with this Bid Solicitation and will be performed by a subcontractor( s), an applicable Certificate of Competency issued to the subcontractor(s) shall be submitted with the Bidder's proposal; provided, however, that the County may at its sole option and in its best interest allow the Bidder to supply the Certificate to the County during the bid evaluation period. 2.15 METHOD OF PAYMENT: PERIODIC PAYMENTS FOR SERVICE RENDERED The County shall provide periodic payments for services rendered by the successful bidder. In order for the County to provide payment, the bidder shall submit a fully documented invoice which identifies the appropriate purchase order number, the service location, and itemizes the services provided to the County using department(s). The invoice shall be submitted to the County department within thirty (30) calendar days after the service have been rendered. It shall be understood..that such invoices shall not be submitted for payment until such time as the service has been completed and a County representative has reviewed and approved the service. Page 4 98-1159 METROPOLITAN DADE COUNTY 2.16 Intentionally Omitted 2.17 Intentionally Omitted 2.18 Intentionally Omitted 2.19 WARRANTY REQUIREMENTS A. Type of Warranty Coverage Required BID NO. 6050-1/01-OTR-CW The Bidder hereby acknowledges and agrees that all materials supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. 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 as follows: 1. New parts warranty shall be one (1) year. 2. Labor warranty shall be ninety (90) days. B. Correcting Defects Covered Under Warranty The bidder shall be responsible for promptly correcting any deficiency, at no cost to the County, within two (2) calendar days after the County 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 County may, at its discretion, notify the bidder, in writing, that the bidder may be debarred as a County bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the County within five (5) calendar days of receipt of the notice. If the bidder fails to satisfy the warranty within the period specified in the notice, the County may (a) place the bidder in default of its contract, and/or (b) procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the County for this work or items; either through a credit memorandum or through invoicing. 2.20 CONTACT PERSONS For any additional information regarding the specifications and requirements of this contract, Contact: Edward Mason, CPPB at (305) 375-3900. Page 5 98-1169 METROPOLITAN DADE COUNTY BID NO. 6050-1/01-OTR-CW 2.21 COUNTY-WIDE/STATE-WIDE USAGE Any Governmental, not -for -profit or quasi -governmental entity in the State of 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, not -for -profit or quasi -governmental entity 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, determine shipping terms and issue its own exemption certificates as required by the bidder. It is understood that unless specified in Section 2, paragraph 2.16, entitled "Shipping Terms", all prices shall be quoted, "FOB Destination." For entities other than those belonging to Miami -Dade County or those located outside of the geographical boundaries of Miami -Dade County, the successful vendor shall be entitled to ship goods on an "FOB Destination, Prepaid and Charged Back" basis. This allowance shall only be made when expressly authorized by a representative of the entity, prior to shipping the goods. It is also understood and agreed that Dade County is not a legally binding party to any contractual agreement made between any governmental unit and the bidder as a result of this bid. SURCHARGE FEE AND QUARTERLY SUMMARY REPORT Per Miami -Dade County Surcharge Fee Ordinance No. 98-43, please be advised that this contract is subject to a user surcharge fee in the amount of 2% on all sales, other than to Miami -Dade County departments, resulting from this contract or any contract resulting from this solicitation and the utilization of the County contract price and the terms and conditions identified herein. After receipt of payment from such purchases, all applicable surcharge fees shall become payable to: Board of County Commissioners. Vendors shall be required to furnish the attached Quarterly Surcharge Payment Report in a timely manner. Quarterly reports and all applicable payments must be submitted to GSA/Accounts Receivable, no later than 15 days after the end of each quarter, regardless of the value of sales during the preceding quarter. By submission of these sales summary reports and corresponding surcharge fees, the vendor is attesting to their correctness. All such reports and fees shall be subject to audit by Miami -Dade County. Page 6 METROPOLITAN DADE COUNTY BID NO. 6050-1/01-OTR-CW Failure to submit the following Quarterly Surcharge Payment Report and make applicable payments in a timely manner, may result in termination or cancellation of contract with the non -conforming vendor and any and all remedies relating to the collection of such fees shall be enforceable. Additionally, any reprocurement charges may be charged to the vendor in default. Willful failure or falsification of sales reports or failing to make timely payments of the surcharge fee shall constitute sufficient cause for terminating the contract for cause of the non -conforming vendor. Page 7 98-1169 METROPOLITAN DADE COUNTY BID NO. 6050-1/01-OTR-CW MIAMI-DADE COUNTY General Services Administration/Procurement Management Division 111 N.W. 1st Street Suite 2350 MIAMI, FLORIDA, 33128 (305) 375-5289) Vendor Instructions for Completing Quarterly Surcharge Payment Report: 1) Complete section 1, 2, 3, 4, and sign form. 2) Total payment due this quarter and balance due from previous quarters. 3) Enter amount of total amount paid with this summary. 4) Make check payable to Board of County Commissioners. 5) Attach check to report form and remit to: GSA/Accounts Receivable 111 NW 1st Street Suite 2410 Miami, FL 33128 NOTE: Quarterly report must be submitted to GSA/Accounts Receivable, no later that 15 days after the end of each quarter, regardless of the value of sales during the preceding quarter. Start of Quarter lst Quarter - January 1 - March 31 2nd Quarter - April 1 - June 30 3rd Quarter - July 1 - September 30 4th Quarter - October 1 - December 31 Report/Check (If Applicable) Due April 15 July 15 October 15 January 15 Page 8 98-1169 METROPOLITAN DADE COUNTY OSCEOLA SCHOOL DISTRICT Att: Donald Miller Purchasing Director 817 Bill Beck Blvd. Kissimmee, FL 34744 PASCO COUNTY, BCC Att: Frank Fortino Purchasing Director 8919 Government Drive New Port, FL' 34654 VOLUSIA COUNTY SCHOOL BOARD Att: Tom Simms Purchase Director P.D. Box 2118 Deland, FL 32721 CITY OF OCALA ATT: James Crosby Purchasing Director P.O. Box 1270 Ocala, FL 34478 2.22. ACCIDENT PREVENTION AND REGULATIONS BID NO. 6050-1/01-OTR-CW ST. JOHNS COUNTY SCHOOL BOARD Att: Don Hurd Purchasing Director 299 Sch000l House Rd. St. Augustine, FL 32095 TAMPA SPORTS AUTHORITY Att: Joseph Haugabrook Purchasing Director 4201 N. Dale Marby HWY. Tampa, FL 33607 VOLUSIA COUNTY Att: Kenneth Hayslette Purchase Director 123 W. Indiana Ave., 3rd Floor Deland, FL 32720-4608 DEPARTMENT OF TRANSPORTATION ATT: Douw Smit Contractual Services 3400 West Commercial Blvd. Fort Lauderdale, FL 33309-3421 Precautions shall be exercised at all times for the protection of persons and property. All Contractors and Sub -Contractors shall conform to all OSHA, State and County regulations while performing under the Terms and Conditions of this contract. Any fines levied by the above mentioned authorities because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. AVIATION PREVENTION AND REGULATIONS AT THE AVIATION DEPARTMENT This section applied to work being performed at all County Owned Airports. All operations at the Dade County Aviation Department (DCAD) are under the direct control of Aviation Department personnel. Interference with aircraft and vehicular traffic must be kept to a minimum. Aircraft operating areas and roadways shall not be closed or opened by or for the Bidder unless express permission is given to the Bidder by the DCAD Operations. The Bidder shall plan the scheduling of its work in collaboration with DCAD Engineering in order to insure safety for and, minimum hindrance to, port operations. All equipment shall be withdrawn from work areas at the end of the work day in order to eliminate immediate or potential hazard to traffic and facilities. Materials stored at the airport by the Bidder Page 17 98-19 METROPOLITAN DADE CUUNTY BID NO. 6050-1/01-OTR-CW shall be serviced in a manner that minimizes any obstruction to ground traffic. All equipment and stored materials shall be marked by barriers with flashing lights at no additional cost to the County. The Bidder shall exercise careful control during all phases of work go prevent damage to airport utilities; including, but no limited to, overhead lights and buried cables. Before commencing work in any given area, the Bidder, working in conjunction with the DCAD engineering and DCAD Maintenance Staff, shall endeavor to locate any possible utility conflicts. Should the Bidder damage any airport utility through negligence, it shall promptly repair the damage at its own expense. All storage on site shall be coordinated with DCAD Engineering and DCAD Operations Divisions. AIRFIELD OPERATIONS AREA SECURITY A) All employees of the Bidder or Sub -Contractors who must work within the Airfield Operation Area (ADA) shall be supplied with DCAD identification 'badges which must be worn at all times while within the ADA.. Badges shall be worn on outer garments so as to be clearly visible in order to distinguish, on sight, employees assigned to a particular contract. Badges shall be identified numerically and listed individually. Bidder shall make himself familiar with all the latest requirements dictated under FAR 107.14. Strict adherence to the ranlli roman+e i e TenAs+^". . W&,-- performing work at the County's Aviation Departments, the successful Bidder, shall first secure a Contract's picture identification badge for each Foreman representing the company who will be responsible for and be present at all times while the work is in progress. All other employees shall secure a Temporary Contractor's badge through the successful Bidder from Dade County Aviation Department (DCAD) Landside Operations. These badges shall be worn at all times while working on the Aircraft Operating Area (AOA). B. Contractor Ramp permits will be issued to the Bidder, if necessary, authorizing vehicle entrance to the ADA through specified Dade County Aviation Department guard gates for the term of any Project. These permits will be issued only for those vehicles (including vehicles belonging to the Sub -Contractor) which must remain on the site during the performance of the work. Vehicles delivering materials to the site will be given temporary passes at the appropriate guard gate. The passes shall be surrendered upon leaving the AOA. All vehicles shall be permanently marked to ensure positive identification at all time, while in the AOA. The successful Bidder's vehicles shall be marked with a permanent company name on both sides. An escort shall be provided by airside Operations to the Southeast Gate to escort the Contractor to the job site. Upon completion of the work day the Bidder shall call the maintenance office, 876-7311, to arrange for an escort out of the Aircraft Operation Area. The Bidder shall adhere to all other airport regulations that apply to his work. Any violations of this section by the Bidder shall result in the possible cancellation of their bid c) AOA - Right to Search: It is understood that the Aviation Page 18 98--1169 METROPOLITAN DADE WONTY b,D NO. 6050-1/01-OTR-CW Department has a strong interest in maintaining good airport security and intends to implement increased security measures for companies having access to the Air Operation Area ("ADA") of the Airport. The Bidder agrees that its vehicles, cargo, goods and other personal property are subject to being searched when attempting to enter, leave or while on the AOA. The Bidder further agrees, when required by the Department, that it shall not authorize any employee requiring regular access to the ADA as part of his/her regular duties, to enter the AOA unless and unitl such employee has executed a written consent to search form acceptable to the Department. Persons. not executing such consent to search form shall not be employed by the Bidder pursuant to this contract. It is further agree that the Department has the right to prohibit an individual, agent or employee of the Bidder from entering the AOA, based upon facts which would lead a person of reasonable prudence to believe that such individual might be inclined to engage in theft, cargo tempering, aircraft sabotage or other unlawful activities. Any person denied access to the ADA or whose prior authorization has been revoked or suspended'on such grounds shall be entitled to a review hearing before a designated representative of the Department within a reasonable time. Prior to such hearing, the person denied access to the ADA shall be advised, in writing, of the reasons for such denial. The Bidder acknowledges and understands that these provisions are for the protection for all users of the ADA and are intended to reduce the incidence of thefts, cargo tampering, aircraft sabotage and other unlawful activities. SAFETY a) The Bidder shall comply with the rules and regulations of the Florida Department of Commerce regarding Industrial Safety under Section 440.56 Safety Rules - Workman's Compensation Laws and with United States Code of Federal Regulations, Title 29, Part 1026 (OSHA), as applicable, and other national consensus standards of safety pertaining to particular trades. ACCIDENT PREVENTION AND REGULATIONS AT THE SEAPORT DEPARTMENT All operations at the County's Seaport Department are under the direct -- control of Seaport Department personnel. Interference with vessels and vehicular traffic must be kept to a minimum. Ship berthing areas and roadways shall not be closed or opened by or for the Bidder unless express permission is given to the Bidder by the Seaport Engineer. The Bidder shall plan th-e scheduling of its work in collaboration with the Engineer in order to insure safety for and, minimum hindrance to, port operations. All equipment shall be withdrawn from work areas at the end of the work day in order to eliminate immediate or potential hazard to traffic and facilities. Materials stored at the Seaport by the Bidder shall be serviced in a .manner that minimizes any obstruction to water and ground traffic. All equipment and stored materials shall be marked by barriers with flashing lights at no additional cost to the County. The Bidder shall exercise careful Page 19 98-H69 METROPOLITAN DADE COUNTY BID NO. 6050-1/01-OTR-CW control during all phases of the work to prevent damage to Seaport utilities; including, but not limited to, overhead lights and buried cables. Before commencing work in any given area, the Bidder, working in conjunction with the Engineer and the Dade County Seaport Department Maintenance Staff, shall endeavor to locate any possible utility conflicts. Should the Bidder damage any Seaport utility through negligence, it shall promptly repair the damage at its own expense. 2.23 ADDITIONAL FACILITIES MAY BE ADDED Although this Solicitation identifies specific facilities to be serviced, it is hereby agreed and understood that any County department or agency facility may be added to this contract at the option of the County. Successful bidder(s) under this contract, shall be invited to submit price quotes for these new facilities. If these quotes are comparable with prices offered for similar services, the award(s) shall be made to the lowest responsible bidder(s) meeting specifications in the best interest of the County and a separate purchase order shall be issued by the County. Notwithstanding, the successful bidder does not have an exclusive right to these additional sites. The County may determine to obtain price quotes for the additional facilities from other bidders in the event the County does not find the price quotes comparable. 2.24 CLEAN-UP All unusable 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 as mutually agreed with the Department Project Manager. 2.25 COMPLIANCE WITH FEDERAL REGULATIONS DUE TO USE OF FEDERAL DOLLARS Since the goods, services, and/or equipment that will be acquired under this bid solicitation will be purchased, in part or in whole, with federal dollars, it is hereby agreed and understood that Section 60-250.4, Section 60-250.5 and Section 60-741.4 of Title 4 of the United States Code, which addresses Affirmative Action requirements for handicapped workers, is incorporated into this bid by reference. 2.26 COUNTY CONTRACTORS EMPLOYMENT AND PROCUREMENT PRACTICES By accepting this contract, the Bidder is indicating compliance with Ordinance No. 98-30. This ordinance states that entities with annual gross revenues in excess of $5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract, have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and, ii) a written procurement policy which sets forth the,.procedures the entity utilizes to assure that it does not discriminate against minority and women owned businesses in its own procurement of goods, supplies and services. Such affirmative action r x Page 20 98-1169 METROPOLITAN DADE COUNTY BID NO. 6050-1/01-OTR-CW plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representative of the population make-up of the nation shall be presumed to have non-discriminatory employment and procurement policies, ,end shall not be required to have written affirmative action plans and procurement policies in order to receive a County contract. The foregoing presumption may be rebutted. 2.27 DELETION OF FACILITIES Although this Solicitation identifies specific facilities to be ser- viced, it is hereby agreed and understood that any County department or agency may delete service for any facility(ies) when such -service is no longer required during the contract period; upon fourteen (14) calendar days written notice to the successful bidder. 2.28 EMERGENCY'SERVICE AND CHANGES The successful bidder shall provide 24 hours, 7 days a week Emergency Service to the County under the contract. During regular working hours (Monday through Friday, 8:00 A.M. to 5:00 P.M.) Emergency Service response time shall be within two (2) hours after notification by the County. During other than regular working hours, the emergency response time shall be within four (4) hours after notification by the County (except Fire Department). The Minimum Emergency Service charge shall be four (4) hours per person. . if the total cost of the repair for any service assignment, including labor and materials, is estimated by the Service Technician to be over $300.00, a written report of the problem, with correcting recommendations, shall be submitted to the affected County Department. In this case repair work shall not proceed until approval by the County Department has been received. FIRE DEPARTMENT ONLY ALL SERVICE RESPONSES ARE AN EMERGENCY AND SHALL BE WITHIN TWO (2) HOURS. IF EMERGENCY RESPONSE IS NOT WITHIN TWO (2) HOURS, THE SUCCESSFUL BIDDER SHALL BE CHARGED $135.00 PER HOUR IN PENALTIES TILL BIDDER'S PERSONNEL ARRIVE. 2.29 HOURLY RATE The hourly rate quoted. shall include full compensation for labor, equipment use, travel time, and any other cost to the bidder. This rate is assumed to be at straight -time for all labor, except as otherwise noted. The bidder shall comply with minimum wage standards and any other applicable laws of the State of Florida. If overtime is allowable under this Bid, it will be covered under a separate item in the special clauses. Page 21 98-1169 METROPOLITAN DADE COUNTY BID NO. 6050-1/01-OTR-CW 2.30 LABOR. MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE BIDDER Unless otherwise provided in Section 3 of this Solicitation entitled "Technical Specifications", the Bidder shall furnish all labor, materi- al and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the County's Project Manager. 2.31 LABOR AND MATERIAL CHARGES The awarded bidder shall provide the Count materials on an as needed, when needed basis shall indicate the cost of this labor a proposal form. The bidder shall not offer rate that exceeds 1 112 times the value of rate; nor shall the bidder offer a cost of 20% mark-up from the bidder's actual cost. reported on the bidder's proposal, the non -responsive and ineligible for award. 2.32 LICENSES, PERMITS AND FEES :y with quality labor and . Accordingly, the bidder nd materials on its bid an overtime hourly labor the regular hourly labor materials that exceeds a If either excesses are bid shall be considered The bidder shall obtain and pay for all licenses, permits and inspec- tion 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 County or the bidder for failure to obtain required licenses, permits or fines shall be.borne by the bidder. 2.33 LIMITATION OF CONTRACT SHALL BE $25,000 PER PROJECT Although the purpose of this Solicitation is to secure a contract that can satisfy the total needs of the County or of a specific County agen- cy, it is hereby agreed and understood that this Solicitation does not constitute the exclusive rights of the successful Bidder(s) to receive all orders that may be generated by the County in conjunction with this Solicitation. It is hereby agreed and understood that, in accordance with Dade County Resolution #120-83, any trades assistance work project exceeding $25,000.00 must be bid separately and cannot be incorporated under the terms and conditions of this Solicitation. 2.34 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A WORK ORDER The Bidder -shall neither commence any work nor enter a County work premise until a Work Order directing the Bidder to proceed with various items of work has been received from any authorized County representative; provided however, that such notification shall be superseded by any emergency work that may be specified in the Special or Technicz] Specifications. Page 22 98.1.169 METROPOLITAN DADE COUNTY 2.35 OVERTIME BID NO. 6050-1/01-OTR-CW The County shall allow overtime payment at a maximum rate of one and a half times the regular hourly wages quoted by the bidder in its Bid Proposal Form. This allowance shall only be provided in those instances where expressly authorized by a representative of the County prior to the commencement of the overtime work. Further, overtime work shall not be allowed during the normal work day. 2.36 RELEASE OF CLAIM REQUIRED Pursuant to Florida Statute 255.05 and Metropolitan Dade County Code Section 10-35, all payments to the bidder's subcontractors shall be made within ten (10) days of receipt of the draw by the bidder. With the exception of the first draw, the bidder must pay all of its subcon- tractors and suppliers who have performed any work or supplied any materials for the project within ten (10) days after receipt of the draw by the bidder for monies due it as a result of a percentage of the work completed. The bidder must provide the County"s project manager with duly executed affidavits (subcontractor's statement of satisfaction) or releases of claim from all subcontractors and suppliers who have performed any work or supplied any materials for on the project as of that date. The affidavit or releases shall certify that said subcontractors and suppliers have been paid their proportionate share of all previous draws. In the event such affidavits cannot be furnished, the bidder may submit an executed consent of surety to requisition payment; identifying the subcontractors and suppliers with the amounts for which the statement of satisfaction cannot be furnished. If the bidder fails to provide a consent of surety to requisition payment, the amount in dispute will be withheld until either the statement of satisfaction is furnished, or the consent of surety to requisition payment is furnished. 2.37 REPORTING ARRIVAL/DEPARTURE Vendor Personnel shall report arrival to and departure from the job site to the County Project Manager or designated representative. 2.38 FAIR SUBCONTRACTING PRACTICES In accordance with Ordinance 97-35, the Bidder shall submit with its Bid Proposal a detailed statement reporting its policies and procedures for awarding the subcontractors that will be used in the performance of the proposed Contract. Failure to submit this statement, shall result in the rejection of the Bidder's proposal. 2.39 LISTING OF SUBCONTRACTORS AND SUPPLIES In accordance with Ordinance 97-104, the Bidder shall submit with its Bid Proposal a listing of all first tier subcontractors who will perform and part of the Contract work, and suppliers who will supply materials for the Contract. Failure to submit this list, shall result in the rejection of the Bidder's proposal. Page 23 Y 98-1169 METROPOLITAN DADE COUNTY 2.40 WORK ACCEPTANCE BID NO. 6050-1/01-OTR-CW This project will be inspected by an authorized representative of the County. This inspection shall be performed to determine acceptance of work, appropriate invoicing, and warranty conditions. 2.41 WORK ASSIGNMENTS IDENTIFIED BY THE COUNTY All work assignments during the contract period will be on an "as needed" basis, complying with notification requirements. Bidder shall assume no guarantees as to the number or frequency of work assignments or the amount of payments under the terms of this contract. Determination of material quantities and/or specifications for each assignment will be made by the County Department. The County department will notify the Bidder of each work assignment; at which time the Bidder and the County Department will mutually agree, in writing, of the beginning and ending dates of the work assignment. For each assignment, the Bidder shall be responsible for the proper and necessary use of the materials in performance of the work. 2.42 WORK ORDERS SHALL BE GENERATED FOR EACH PROJECT The County's authorized representative shall generate and issue a Work Order for each project to be performed under this Solicitation and subsequent Contract. The Work Order shall include the location, description and plans, if necessary, covering the scope of work to be completed. The Work Order shall also include a cost estimate calculated by the County for the work listed on the Work Order. This estimate shall be based on the prices total on the Bidder's Proposal. For purposes of identification and payment, the Work Order shall be numbered and dated. The, preliminary Work Order describing the description of work and cost estimates shall be issued to Bidder(s) which have been qualified to perform work under this Solicitation. The Bidder(s) shall be required to supply the County's authorized representative with a written price proposal within a time frame specified by the County. If multiple Bidders are solicited, the County shall select the lowest price proposal; provided that the price proposal does not exceed the dollar estimate calculated by the County. If a single Bidder is solicited, the price proposal shall be accepted; provided that the price proposal does not exceed the dollar estimate calculated by the County. The selected Bidder's name shall then be entered on the Work Order and issued to the Bidder. The Work Order shall also direct the Bidder to commence work on a certain day and it shall specify the amount of time allotted for completion of work covered by the Work Order. All work covered by a Work Order shall constitute a Contract Schedule. s Page 24 METROPOLITAN DADE CuuNTY Bi►: NO. 6050-1/01-OTR-CW SECTION 3.0 TECHNICAL SPECIFICATIONS DOORS (ROLL -UP), PREVENTATIVE MAINTENANCE & EMERGENCY REPAIRS 3.1 PARTS A. Furnish all parts and accessories necessary to perform complete repair service. B. All parts required shall be genuine parts as manufactured and distributed by the manufacturer of the roll -up doors being serviced (or approved equal). 3.2 LUBRICANTS The lubricants used shall comply with the specifications for lubricants recommended by equipment manufacturer for the particular device to be repaired. Oils and greases shall be of approved manufacture. PREVENTATIVE MAINTENANCE AND REPAIR (SEAPORT) 3.3 . SCOPE Successful bidder shall furnish complete Preventative Maintenance Service to roll -Up Doors as specified in the bid proposal for the Seaport Department in County owned or leased buildings. The purpose of .this contract is to put into operation a continuing system of preventive maintenance to provide necessary systematic scheduled preventive service and damage repair for all of the roll -up doors at the Port of Miami. 3.4 PREVENTATIVE MAINTENANCE SERVICE The contractor shall inspect each roll -up door every six months and shall render such preventative maintenance care as necessary, (adjust, clean and lubricate parts and mechanism) to keep the equipment in proper and safe operating conditions. The Contractor shall specifically: A. Run each door up and down while inspecting gears, chains, and other moving parts for free operation and possible damage. B. Inspect curtain guides for dents and obstruction. C. Inspect curtain slates for dents and holes. D. Inspect and, if necessary, adjust the torsion of the counter balance spring. Page 25 98-1169 METROPOLITAN DADE LuJNTY BID NO. 6050-1/01-OTR-CW E. Inspect and, if necessary, apply more lubrication to gears and other moving parts. F. Fill out and submit to the County a "Service Needed". G. Perform all work including examination, cleaning, adjustment, lubrication, repairs and replacement during regular working days. EMERGENCY REPAIRS (FIRE DEPARTMENT) 3.5 SCOPE . Provide full emergency repair and damage repair service to roll -up doors with a two (2) hour response time for the Fire Department. 3.6 PROCEDURES UPON ARRIVAL An immediate assessment of the problem encountered must be communicated to Fire Rescue within 1/2 hour of arrival at site. If an immediate repair is not possible, an accurate projection of expected completion time.must be relayed to Fire Rescue. The successful bidder shall be required to submit a written estimate on each job if the cost of repairs shall exceed $300.00. The estimate shall be based on the requirements of labor hours for each classification (mechanic, helper), parts and material, etc. for a specific repair job. Estimates shall be broken down by hours per mechanic and helper and a separate price for parts and materials. Date and- time of completion of repairs shall be included. Lump sum estimates shall not be accepted. When an immediate repair is not possible, the overhead door must be secured in the down position or to the greatest extent practical in order to protect the integrity of the facility, its occupants and contents. Repairs that take more than 24 hours to perform must be justified. Long duration jobs (24 hours +) in which the door cannot be lowered and the building secured will require personnel to safeguard the facility. These extraordinary expenses shall be borne by the successful bidder. In the event that a repair takes more than 24 hours to complete, twice daily progress reports by the successful bidder will be required. Status calls should be spaced (i.e. A.M. and P.M.) and an expected completion time refined at each report. If job completion extends beyond 96 hours without the departments approval, Fire Rescue reserves the right to discharge the successful bidder and secure three (3) competitive bids awarding the job to another vendor. Successful bidder shall be liable for re -procurement charges. — Page 26 9 8 -116 9 nISCRIMTNATION PROHIBITED No person shall be excluded from participation in, denied the benefits of - or otherwise discriminated against in connection with the award and performance of any contract covered by this Part, on the grounds of race, color, national origin or sex. (49 CFR Part 23.7) DISADVANTAGED BUSINESS ENTERPRISE (1) DBE Policy. It is the policy of the Department of Transportation and Metro Dade County that Disadvantaged Business Enterprises as defined in 49 CFR Part 23'and this Provision shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal Funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. (2) DBE Obligation. Metro Dade County or its contractor agrees to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 23 and this Provision have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal Funds provided under this agreement. In this regard Metro Dade County or its contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 and this Provision to ensure that DBE Contractors have the maximum opportunity to compete for and perform contracts. Metro Dade County and its contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. NOTE: All MDTA contracts and subcontracts are funded in whole or in part by FTA/DOT and must include the above statements of "DBE Policy" and "DBE Obligation." • _ u- • Out � •-�•; �� In connection with the execution of this contract, the contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, disability or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeships. Contractor further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor"), agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as thS Q b' 9 Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, religion, color, sex, age, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment., The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, religion, color, sex, age, or national origin. (4) Information and Reports: The contractor shall provide all information and reports required by the regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by Metro Dade County or the Federal Transit Administration (FTA) to be pertinent to ascertain compliance with such regulations, orders and instructions. Where any information required from a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to Metro Dade County, or to the Federal Transit Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, Metro Dade County shall impose such contract sanctions as it or the Urban Mass Transportation Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the contractor under the contract until the contractor complies, and/or (b) Cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraph (1) through (6) of this section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurements as Metro Dade County or the Urban Mass Transportation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that? in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request Metro Dade County to enter into such litigation to protect the interests, of Metro bade County, and, in addition, the contractor may request the pervioes of the Attorney General in such litigation to,p�otc � -� , it", of the United States. y �7 AWARD UNDER MIAMI-DADE COUNTY CONTRACT NO. 6050- l /01-CW ITEM: Maintenance and Repair Services of Overhead Roll -up Doors DEPARTMENT: Fire -Rescue and GSA TYPE OF PURCHASE: On an as -needed contract basis until October 31, 2000, with the option to renew for one (1) additional year. REASON: This contract will enable the departments to maintain and repair its overhead roll -up doors. RECOMMENDATION: It is recommended that award be made to Best Garage Door, Inc., awarded under Miami -Dade County Contract No. 6050-1 /01-CW, at an annual amount not to exceed $43,000.00. Allocating funds from Account Code Nos. 001000.280701.6.670 and 503001.420905.6.670. 7JDirector of Purchasing W 0 Infes Date Award Under Dade County Contracts 98-1169 METROPOLITAN DADE uvJNTY 6,o NO. 6050-1/01-OTR-CW EMERGENCY REPAIRS (OTHER DEPARTMENTS) 3.5 SCOPE Provide full emergency repair and damage repair service to roll -up doors with a four (4) hour response time for the Department. 3.6 PROCEDURES UPON ARRIVAL An immediate assessment of the problem encountered must be communicated to the Department within 1/2 hour of arrival at site. If an immediate repair is not possible, an accurate projection of expected completion time must be relayed to the Department. The successful bidder shall be required to submit a written estimate on each job if the cost of repairs shall exceed $300.00. The estimate shall be based on the requirements of labor hours for each classification (mechanic, helper), parts and material', etc. for a specific repair job. Estimates shall be broken down by hours per mechanic and helper and a separate price for parts and materials. Date and time of completion of repairs shall be included. Lump sum estimates shall not be accepted. When an immediate repair is not possible, the overhead door must be secured in the down position or to the greatest extent practical in order to protect the integrity of the facility, its occupants and contents. Repairs that take more than 24 hours to perform must be justified. Long duration jobs (24 hours +) in which the door cannot be lowered and the building secured will require personnel to safeguard the facility. These extraordinary expenses shall be borne by the successful bidder. In the event that a repair takes more than 24 hours to complete, twice daily progress reports by the successful bidder will be required. Status calls should be spaced (i.e. A.M. and P.M.) and an expected completion time refined at each report. If job completion extends beyond 96 hours without the departments approval, Fire Rescue reserves the right to discharge the successful bidder and secure three (3) competitive bids awarding the job to another vendor. Successful bidder shall be liable for re -procurement charges. Page 27 98-i1fi9 Page 1 of 7 FEDERAL PROVISIONS This Procurement is subject to a financial assistance contract between Metropolitan Dade County (MDC) and the U.S. Department of Transportation (DOT). By reason of such participation, the Bidder (the terms "Bidder", "Proposer", "Contractor" and "Offeror" are used interchangeably) is required to agree to the following provisions: No Government Obligation to Third Parties The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Incorporation of Federal Transit Administration (FTA) Terms The general contract provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1C, dated May 1, 1995, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any MDC requests which would cause MDC to be in violation of the FTA terms and conditions. Federal Changes Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement (Form FTA MA (2)_dated October, 1995) between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 4 98 r-1169 Page 2 off 7 Interest of Members of, or Delegates to. Congress: No member of, or delegates to, the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising therefrom (41 U.S.C. 22). Conflict of Interest: No employee, officer, or agent of MDC shall participate in selection, or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a. The employee, officer or agent; b. Any member of hi-s immediate family; c. His or her partner; or d. An organization which employs, or is about to employ any of the above, has a financial or other interest in the firm selected for award. MDC's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contracts, potential contractors, or parties of subcontracts. Program Fraud and False or Fraudulent Statements and Related Acts The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801 et sea. and U.S. DOT regulations, "Program Fraud Civil Remedies", 49 C.F.R. Part 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal t , r .; 98-1169 Page 3 of 7 assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. The Contractor agrees to include subcontract financed in whole or provided by FTA. It is further modified, except to identify the the provisions. Audit and Inspection of Records: the above two clauses in each in part with Federal assistance agreed that the clauses shall not be subcontractor who will be subject to The Contractor agrees that-MDC, the Comptroller General of the United States, or any of their duly authorized representatives, shall, for the purpose of audit and examination be permitted to'inspect all work, materials, payrolls, and other data and records with regard to the project, and to audit the books, records, and accounts with regard to the project. Further, Contractor agrees to maintain all required records for at least three years after MDC make final payments and all other pending matters are closed. Energy Conservation: Contractor agrees to comply with mandatory standards and policies relating to energy .efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. Section 6321 et seq.). Recycled Products/Recovered Materials The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. Clean Air The Contractor agrees to comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 et sea. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. 98-1169 Page 4 of 7 The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 'I Clean Water The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seer. The Contractor agrees to report each violation to the Purchaser understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Cargo Preference: The Contractor agrees: 1. To use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, materials, or commodities pursuant to the underlying contract•to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels. 2. To furnish within twenty (20) working days following the date of loading for shipments originating within the United States, or within thirty (30) working days following the date of loading for shipment originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, 400 Seventh Street S.W., Washington, D.C. 20590, marked with appropriate identification of the Project, and to MDC (through the prime Contractor in the case of sub -contracts bill -of -lading). 3. To include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. s �' 9g 1169 Page 5 of 7 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Lower Tier Covered Transactions (Third Party Contracts equal to or over $100,000) Instructions for Certification 1. By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out in "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower tier Covered Transaction" in Exhibit FED-DB1. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, MDC may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to MDC if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," " lower tier covered transaction," "participant," "persons," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections or rules implementing Executive Order 121549 [49 CFR Part 29]. You may contact MDC for assistance in obtaining a copy of these regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by MDC. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower- Tier Covered Transaction", and the certification form, without modification, in all lower tier covered transactions and --in all solicitations for lower tier covered transactions. 98-1169 Page 6 of 7 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. 8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, MDC may pursue available remedies including suspension and/or debarment. "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" (1) The prospective Lower Tier Participant certifies, by submission of this bid or proposal, that neither it nor its "principals" as defined at 49 C.F.R. 29.105(p) is presently debarred, suspended, proposed for debarment, declared ineligible, or, voluntarily excluded from participation in this transaction by any Federal department or agency. (2) If the prospective Lower Tier Participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal. Lobbvina Certification and Disclosure Statements: In accordance with 31 U.S.C. 1352, and U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, the Contractor must have provided a certification to -the Procuring Agency that the Contractor has not and will not use Federal appropriated funds to pay any person or organization to influence or attempt to influence an officer or employee of any Federal department or agency, a member of Congress, officer or employee of Congress, or an employee of a member of E `. 98-1169 Page 7 of 7 Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. See "Lobbying Certification," (Exhibit FED-LB1). Buy America Provision: This procurement is subject to the Federal Transit Administration Buy America Requirements in 49 U.S.C.5323(j)(1), Section 165(a) of the Surface Transportation Assistance Act of 1982, as amended, and the applicable regulations in 49 CFR Part 661. Section 165(a) of the Surface Transportation Act of 1982 permits FTA participation on this contract only if steel, iron, and manufactured products used in the contract are produced in the United States. A Buy America Certificate, in the format attached hereto as Exhibit FED-BY1 or FED-BY2 must be completed and submitted with the bid. A bid which does not include one of the certificates will be considered non -responsive. A waiver from the Buy America Provision (must complete Exhibit FED-BY2) may be sought by MDC if grounds for the waiver exist. 98-1169 CITY OF MIAMI OFFICE OF THE CPI _ LERK BID SECURITY LIST BID ITEM: Apparatus Bay Doors BID NO.: 97-98-032 February 11, 1998 11:00 a.m. DATE BID(S) OPENED: TIME BIDDER • TOTAL BID AMOUNT BID BOND (ER) CASHIER'S CHECK Overhead Odor of Self See attached b d Best Garage1pber, Inc. ;* ~ 3 of (� n r,, etoe o � y of er.9 .;. i..Ft ti... L.i Y ^r a f r..�. .Q / All received Perso eiving id(s) PURCHASING UEPARTMENT (City Department) SIGNED - Deputy City Clerk ( fs) envelopes on behalf on (Date) of 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. 97-98-025 Purchase one (1) 1998 Cushman Off -Road Houlster, 898469 Model or equal for the Department of Fire Rescue. OPENING DATE: 10:00 A.M. FEBRUARY 11, 1998 BID NO.97-98-032 Furnishing all labor, materials, and equipment necessary for the purchase, assembly and installation of apparatus bay doors for the Department of Fire Rescue. OPENING DATE: 11:00 A.M. FEBRUARY 11, 1998 Detailed specifications for these bids are available upon request at the City of Miami, Purchasing Department, 444 SW 2 Avenue, Sixth Floor, Miami, FI. 33130. Telephone No. 416-1904. Jose Garcia -Pedrosa CITY OF MIAMI City Manager LOGO AD NO.4298 & 4299 =-G:39 ri Z9_. D � 1V F— _. .1 City of Miami ;REQUISITION FOR ADVERTISEMENT P, e, This number 'must appear in the advertisement. INSTRUCTIONS: Please type and attach a copy of the advert' m nt with this reouisition. 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. Tye of advertisement: Legal ❑ Classified ❑ Display 11. Remarks: 12. Publication Date(s) of Advertisement Invoice No. Amount c < �. -c ' 13. ❑ Approved ❑ Disapproved Department Director/Designee Date Approved for Payment 1 Date C IGS/PC 503 Rev. 12/89 1 Routing: Forward White and Canary to G.S.A. (Procurement Management) and retain Pink copy. utb i m su v ivn: wnne - LUS.A.; canary - uepartment