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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 recreational equipment and supplies as specified herein, from a source(s) of supply 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, mail, or email their requests to the attention of Maritza Suarez, CPPB Sr. Procurement Specialist at the City of Miami, Purchasing Department, 444 SW 2"� Avenue, 6'" Floor, Miami, Florida 33130, Facsimile Number 305-416-1925, email: msuarez@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 (2) years with the option to extend for two (2) 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. 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. 2.6. 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. 2.6. METHOD OF AWARD Award of this contract will be made to the lowest responsible and responsive bidder(s) on a group by group basis meeting Specifications, excluding optional items. To be considered for award by group, the bidder shall offer prices for all items thin the group. If bidder fails to on all items within the group its bid shall be deemed non -responsive for the corresponding group. Recreational equipment and supplies items are listed by groups on the Bid Form (See Attachment A). Prices for these items must be provided by the bidder as a part of their bid submittal package in hard copy and on compact disc as an Excel file in the format provided and submitted along with the other bid documents. 2.7. BIDDER QUALIFICATIONS a) Bids will be considered only from firms that are regularly engaged in the business of providing goods and 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. 2.8. ESCALATION CLAUSE The City acknowledges the fluctuating nature of prices for items specified. Accordingly an escalator/de-escalator clause will be accepted only under the following conditions: (1) Price increase(s) and price decrease(s) comparable to documented manufacturer's price changes. (2) Receipt of proper notification to the Purchasing Department, in writing, of all items affected by price increases/decreases. (3) Where all prices shall have remained firm for a minimum of TWO (2) years after effective date of contract for items listed on Attachment "A". (4) All prices increase(s) and decrease(s) to be approved by the Purchasing Director. The City may, after review, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract upon giving (60) days notice 'to the Contractor. 2.9. BALANCE OF LINE All bidders shall indicate on the Bid Form (Attachment A), the percentage (%) discount off manufacturer's list prices they will offer to the City for other recreational equipment and supplies not specifically listed in this IFB. It is the intention of the City to apply this discount to the purchase of other such items that the City may be required to purchase throughout the Contract term. Bidders shall submit, within ten (10) days of the City's request, the product catalog, published price list, or other verifiable pricing source(s) for the products they offer as the Balance of Line. The Successful Bidder shall be allowed to submit a new catalog at the commencement of each renewal period of the contract. 2.10. DELIVERY Vendors shall specify on the attached Bid Response Form the estimated delivery time (in calendar days) for each item. The delivery time should be your best estimate, as orders will be placed based on that information. 2.11. PACKING SLIP!DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY The successful bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip shall be attached to the shipping carton(s) which contain the items and shall be made available to the City's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered; and back -order quantities and estimated delivery of back -orders if applicable. 2.12. METHOD OF PAYMENT Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments will be made. 2.13. ADDITIONS/DELETIONS OF 1TEMSIPRODUCTS Although this Solicitation identifies specific itemslproducts, it is hereby agreed and understood that related items/products may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, successful bidder(s) under this contract shall be invited to submit price quotes for these new itemslproducts. 1f these quotes are comparable with prices offered for similar itemslproducts, the award(s) shall be made to the lowest responsible bidder(s) meeting specifications in the best interest of the City and a separate purchase order shall be issued by the City. 2.14. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Mr. Juan Pascual, who shall be designated as the Contract Administrator. 2.16. SAMPLES The bidder shall provide upon request, a complete and accurate sample of the product(s), which they propose to furnish. 2.16. BID CLARIFICATION Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Purchasing Department, Attn:Maritza Suarez; fax: (305) 416-1925. The bid title and number shall be referenced on all correspondence. All questions must be received no later than the date specified on the cover page. All responses to questions will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.17. 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 (1). d. In the statement specified in subsection (1), 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. 2.18. WARRANTY, FITNESS FOR PURPOSE The vendor warrants items supplied under this contract conform to specifications herein, and are fit for the purpose for which such goods are ordinarily employed; except if stated in a Special Condition, the material must then fit that particular purpose. The vendor and the City agrees that orders under this contract does not exclude, or in any way limit, other warranties, provided in this agreement or by law. In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the materials and/or equipment by the City. This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the bidder is under contract with the City at the time of any defect. Any payment by the City on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. 2.19. PRODUCT/CATALOG INFORMATION All bidders must submit a current catalog with a price list that will be valid for a minimum of one year. Any bid received not containing this information may be rejected for that reason. If catalog numbers shown in this bid are incorrect or obsolete, it is the responsibility of the vendor to update or advise the City of this problem. The catalog number you show on your bid is the one the City will expect to receive. 2.20. PRODUCT SUBSTITUTES In the event a particular approved and awarded manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the authorized City representative, to supply a substitute product at the bid price or lower, provided that a sample is approved beforehand and that the new product meets or exceed all quality requirements. Contractor shall replace items purchased by the City which are of unacceptable quality or which are determined by the using department unserviceable for any reasons. Items covered by express warranty shall be governed by terms and conditions therein. 2.21. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Purchasing Department in writing, no less than ten (10) days prior to a bid opening, of any change in the manufacturers' specifications which conflict with the bid specifications. Bidders must also explain any deviation from the bid specifications in writing as a footnote on the applicable bid page and enclose a copy of the manufacturer's specifications data detailing the changed item(s) with his bid. Additionally, bidders must indicate any options requiring the addition of other options, as well as those which are included as a part of another option. Failure of bidders to comply with these provisions will result in bidders being held responsible for all costs required to bring the vehicle in compliance with contract specifications. 2.22. EQUAL PRODUCT Manufacturer's name, brand name and model number are used in these specifications for the purpose of establishing minimum requirement of level of quality, standards of performance and design required and is no way intended to prohibit the bidding of other manufacturer's items of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory Information sheets (specifications, brochures, etc.) and test results of unit bid as equal. 2.23. TERMINATION FOR DEFAULT If Contractor defaults in its performance under this Contract and does not cure the default within 30 days 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 2.24. 2.24. 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. 2.25. 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. 2.26. DISCOUNTS Discounts shall remain fixed and firm during the entire contract period, including any extensions, for the Balance of Line and the Exclusions from successful bidder's annual National Published Catalog.