HomeMy WebLinkAboutSpecial Conditions2.0 SPECIAL CONDITIONS
2.1. PURPOSE
The purpose of this Bid is to establish a contract, by means of sealed bids, for successful bidder to
provide Specialized Flat Tire Repair Service for City Vehicles in conjunction with the Department of
General Services Administration, Fleet Management Division, on an as needed, when needed basis as
specified herein, from a service provider that will give prompt and efficient service.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/ CLARIFICATION
Any request for additional information or clarification must be received by no later than the date specified
on the cover sheet of this solicitation. Bidders may fax or email their requests to the attention of Terry S.
Byrnes, Sr. Procurement Specialist at the City of Miami, Purchasing Department at the facsimile number
of: 305-416-1925 or email to: tbyrnes@ci.miami.fl.us.
2.3. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for two years with
the option to extend for two additional one (1) year periods, subject to the availability of funds for
succeeding fiscal years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.4. METHOD OF AWARD
Award of this contract will be made to the lowest responsive, responsible bidder whose bid will be the
most advantageous to the City of Miami. Bidder must bid on all items. Failure to comply with this
requirement will be cause to deem your bid non -responsive.
2.5. BIDDER'S MINIMUM QUALIFICATIONS
a) Bids will be considered only from firms that are regularly engaged in the business of
providing goods and/or services as described in this Bid; that have a record of performance for a
reasonable period of time; and that have sufficient financial support, equipment and organization to insure
that they can satisfactory execute the services if awarded a Contract under the terms and conditions
herein stated.
b) Not have any member, officer, or stockholder that is in arrears or is in default of any debt
or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has
failed to perform faithfully on any previous contract with the City.
c) Have no record of pending lawsuits or criminal activities, and have never been declared
bankrupt.
The term "equipment and organization" as used herein shall be construed to mean a fully
equipped and well established industry as determined by the proper authorities of the City of Miami,
Florida.
2.6. FLORIDA MINIMUM WAGE
The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee
wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's
and its' subcontractor's responsibility to understand and comply with this Florida constitutional minimum
wage requirement and pay its employees the current established hourly minimum wage rate, which is
subject to change or adjusted by the rate of inflation using the consumer price index for urban wage
earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department
of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency
Workforce Innovation on September 301" of each year and take effect on the following January 1 Bt.
At the time of bid, it is bidder and his/her subcontractor(s), if applicable, full responsibility to determine
whether any of its employees may be impacted by this Florida Law at any given point in time during the
term of the contract. If impacted, bidder must furnish employee name(s), job title(s), job description(s),
and current pay rate(s). Failure to submit this information at the time of bid constitute successful bidder's
acknowledgement and understanding that the Florida Minimum Wage Law will not impact its bid prices
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throughout the term of contract and waiver of any contractual price increase request(s). The City reserves
the right to request and successful bidder must provide for any and all information to make a wage and
contractual price increase(s) determination.
2.7. ADDITIONS/DELETIONS OF FACILITIES/SERVICES
Although this Solicitation identifies specific facilities/services to be provided, it is hereby agreed and
understood that any City department or agency may be added/deleted to/from this contract at the option of
the City. When an addition of services to the contract is required, successful bidder under this contract
shall be invited to submit a price quote for these new facilities/services. If these quotes are comparable
with market prices offered for similar services, the facilities/services shall be added to the contract and a
separate purchase order shall be issued by the City.
2.8. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
a) Continued satisfactory performance compliance with the specifications, terms and
conditions established herein.
b) Availability of funds
In the event the Contractor is unable to extend the contract for any subsequent period under the above
conditions, or for whatever cause, advance written notice and explanation must be submitted to the Chief
Procurement Officer, no later than ninety (90) days prior to the annual expiration date. Such notification is
subject to the acceptance of the City, or the Contractor may be found to be in default.
2.9. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in
any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or
his assignee of such occurrence, shall have the unqualified right to terminate the contract without any
penalty or expense to the City.
2.10. SERVICE LOG -IN RECORDS
For all service calls and flat tire repairs performed under provisions of the Specifications, the contractor
shall be responsible for providing and documenting the following information on each service call/flat tire
repair (see attached sample):
The words "For City of Miami"
The name of the person serviced, department name and signature
Date and time of repair (A.M. - P.M.)
The location of the vehicle
The City vehicle number of the vehicle being repaired
The number of tires being repaired or replaced
The location on the vehicle of the tire being repaired or replaced with brand name and size
Signature of the operator (tire repairman)
Each form must have a sequential, non -repeating identification number printed prominently on the upper
or lower portion of the form.
Each form shall identify either the Police Department log number for calls received by the Police
Communications Section or the name of the Fleet Management Division employee requesting service.
2.11. UNAUTHORIZED WORK
Neither the Successful Bidder nor any of his/her employees shall perform any work unless duly authorized
by a City representative. The Successful Bidder shall not be paid for any work performed outside the
scope of the contract or any work performed by an employee not otherwise previously authorized.
2.12. FAILURE TO PERFORM / PENALTIES
Should it not be possible to reach the contractor or supervisor and/or should service action not be
provided within the response times stipulated in Section 3.3, the City reserves the right to declare
Contractor in default of the contract or deduct 25% from the bid contract price of the appropriate service
call category (See Section 4,2), not as a penalty but as a mere form of compensation for the loss of time.
Liquidated damages will be deducted from the invoice submitted.
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2.13. INSURANCE REQUIREMENTS
INDEMNIFICATION
Bidder shall pay on behalf af, indemnify and save City and its officials harmless, from and against any and
all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the
provisions of the contract, including all acts or omissions to act on the part of bidder, including any person
performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses
and causes of such action are not attributable to the negligence or misconduct of the City and, from and
against any orders, judgments or decrees which may be entered and which may result from this Contract,
unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof.
The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor,
Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been
obtained which meets the requirements as outlined below:
Worker's Compensation Insurance for all employees of the bidder as required by Florida Statute 440.
Commercial General Liability Insurance an a comprehensive basis in an amount not less than
$1,000 000,00 combined single limit with a general aggregate of $2,000,000 including coverage for
personal and advertising injury, along with property damage to include products and completed operations
and fire damage at $50,000.00. City must be shown as an additional insured with respect to this
coverage.
Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with
the work in an amount not less than $300,000.00 combined single limit per occurrence for bodily injury
and property damage.
The City needs to be named as additional insured. BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the bidder.
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 Tess than "Class V" as to
financial strength, by the latest edition of Bests Key Rating Insurance Guide or acceptance of insurance
company which holds a valid Florida Certificate of Authority issued by the State of Florida, Department of
Insurance, and are members of the Florida Guarantee 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: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under
this section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be
responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10)
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 City shall:
Suspend the contract until such time as the new or renewed certificates are received by the City in the
manner prescribed in the Invitation To Bid.
The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages
from the Bidder in conjunction with the General Terms and Conditions of the Bid.
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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 terms that
may be granted to the Bidder.
2.14. METHOD OF PAYMENT
Payment will be made 30 days in arrears upon receipt of invoice. The City will pay the contract price minus
any liquidated damages and/or other damages to the Contractor.
2.15. FAILURE TO PROVIDE SERVICE
Failure to respond to a service call within the specified time will result in the successful bidder
paying any and all costs associated with the repairs performed by another vendor. Additionally, it
will be at the discretion of the City Manager to terminate the contract.
2.16. CONTRACT ADMINISTRATOR
Upon award, contractor shall report and work directly with Victor Morales, who shall be designated as the
Contract Administrator
2.17. WORKMANSHIP AND MATERIALS
All parts installed and materials used in performance of this contract shall be unused, and or new (of
current design or manufacture). Salvage materials will not be allowed without the express consent of the
City. All materials and workmanship shall be of the highest quality to ensure safe and functional
operation. The City shall be the sole judge as to parts and workmanship.
2.18. TIE BIDS
Whenever two or more Bids which are equal with respect to price, quality and service are received by the
City for the procurement of commodities or contractual services, a Bid received from a business that
certifies that is has implemented a drug -free workplace program shall be given preference in the award
process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a
drug -free workplace program. In order to have a drug -free workplace program, a business shall:
a. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the action that
will be taken against employees for violations of such prohibition.
b. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug abuse violations.
c. Give each employee engaged in providing the commodities or contractual services that are under
Bid a copy of the statement specified in subsection (a.).
d. In the statement specified in subsection (a.), notify the employees that, as a condition of working
on the commodities or contractual services that are under Bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
e. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is so
convicted.
f. Make a good faith effort to continue to maintain a drug -free workplace through implementation of
this section.
2.20. REFERENCES
Each bid must be accompanied by a list of references, which shall include the name of the company, date
of job, job description, a contact person and the telephone number (See Section 4.3, page 2 of 2).
NO BID WILL BE CONSIDERED WITHOUT THIS LIST.
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2.21. DAMAGES TO PUBLIC/PRIVATE PROPERTY
The contractor shall carry out the work with such care and methods as not to result in damage to public or
private property adjacent to the work. Should any public or private property be damaged or destroyed, the
contractor, at his expense, shall repair or make restoration as is practical and acceptable to the City
and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to
exceed one month from date damage was done).
2.22. WARRANTY
The successful bidder will be required to warranty all work performed. Warranty shall be described in
detail on the attached Bid Response Form.
2.23. WARRANTY ON LABOR AND MATERIAL
All parts offered shall carry a 90-day free replacement warranty covering defects in material and
workmanship. Adjustments on parts which fail after the first 90 days will be adjusted as determined by the
warranty period stated in your bid and the contract purchase price on a cost -per -month basis.
2.24. TERMINATION FOR DEFAULT
If Contractor defaults in its performance under this Contract and after written notice of default, the City
Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of
Miami. In such event the Contractor shall be liable for damages including the excess cost of procuring
similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor was not
in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or
negligence, the termination will be deemed to be a termination for the convenience of the City of Miami
under Section 2.25.
2.25. TERMINATION FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when
it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or
software, and so terminated for the convenience by the City of Miami the Contractor will be compensated
in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and
so terminated, the City of Miami shall be liable only for payment in accordance with the payment
provisions of the Contract for those services rendered prior to termination.
2.26. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the bid response shall be evaluated or considered, and
any and all such additional terms and conditions shall have no force or effect and are inapplicable to this
bid. If submitted either purposely, through intent or design, or inadvertently, appearing separately in
transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the
General and Special Conditions in this bid solicitation are the only conditions applicable to this bid and that
the bidder's authorized signature affixed to the bidder's acknowledgment form attests to this.
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3.0 SPECIFICATIONS
3.1 GENERAL REQUIREMENTS
a) All work performed by the contractor (successful bidder) shall be of a level of quality consistent
with the industry standards in general. All materials used in such repairs shall be of the highest quality.
b) Wheel or rim installation shall be in conformance with Original Equipment Manufacturer's
recommendations as to torque, tightening sequence, truing, and inflation pressure.
c) In any case where a tire is beyond repair, a replacement tire will be supplied by the City and the
damaged tire returned to the Fleet Service Center.
3.2 RECORDS
For all service calls for flat tire repairs performed under provisions of these Specifications, the contractor
shall be responsible for providing and documenting all required information on each service call/flat tire
repair as reflected in Section 2.10 Records of the Special Conditions.
3.3 FLAT TIRE REPAIRS
Automotive, Light Truck and Heavy Truck flat tire road service (dismount, repair or replace if the tire is not
repairable, remount and install). Heavy truck tires shall include sizes ranging from 245/70R19.5 through,
but not limited to 425165R22,5 for vehicles described as semi tractor trailers, garbage trucks, front pay
loaders, off -road tractors, Mack trucks, etc., anywhere in the City of Miami, Dade, Broward, or Monroe
Counties. This service shall be available 24 hours per day, 7 days per week. Response time from
notification by the City shall be within:
City of Miami:
Dade County:
Broward County:
Monroe County:
1/2 — 3/4 hour
1 --1 1/2 hours
1 -- 2 hours
1-2hours
No other times will be acceptable with the exception of replacing a tire under the following condition. For
tire replacement, the times listed above shall be doubled only if the vehicle has no usable spare tire and
the service provider has to return to the Fleet Facility to acquire a tire, otherwise the vehicle shall be towed
in by a Citv wrecker and only a "service call" charged.
Pricing shall be comprised of two parts: the price per tire repaired or replaced to a single vehicle and the
price for the service call (the charge for a service call will double if the bidder has to return to the Fleet
Facility to acquire a replacement tire) designated according to the above listed locations.
Example: Price for each passenger tire to repair or replace is $15. The price for a service call within the
City of Miami is $10, Dade County is $12, Broward County is $20, and Monroe County is $30. Therefore,
a double flat tire repair on a single vehicle in the City of Miami would be billed as 2 times $15 to repair the
two (2) tires plus $10 for the service call within the City of Miami. The total billed would equal $40. If the
vehicle was in Monroe County, the bill would have been $60; two (2) times $15 plus $30,
REVISED — (2121/06)
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