HomeMy WebLinkAboutInvitation to BidMIAMI•Du4DE
COUNTY COUNTY
BID NO.: 6164-4/11-OTR
OPENING: 2:00 P.M.
WEDNESDAY
February 8, 2006
MIAMI-DADE COUNTY, FLORIDA
INVITATION
TO BID
TITLE:
TIRE RETREADING AND SECTION REPAIR SERVICES (TRUCK AND IMPLEMENT
TIRES FOR A PERIOD OF ONE (1) YEAR WITH COUNTY OPTION TO RENEW FOR AN
ADDITIONAL FOUR (4) YEARS ON A YEAR BY YEAR BASIS.
THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW:
BID DEPOSIT AND PERFORMANCE BOND: N/A
CATALOGUE AND LISTS: N/A
CERTIFICATE OF COMPETENCY.
EQUIPMENT LIST:
EXPEDITED PURCHASING PROGRAM (EPP)
INDEMNIFICATION/INSURANCE:
LIVING WAGE:
PRE -BID CONFERENCE/WALK-THRU:
MEASURES:
SAMPLES/INFORMATION SHEETS.
SECTION 3 - MDHA:
SITE VISIT/AFFIDAVIT:
USER ACCESS PROGRAM:
WRITTEN WARRANTY:
N/A
N/A
N/A
SEE SECTION 2.0, PARA. 2.11
N/A
N/A
SEE SECTION 2.0, PARA. 2.2
N/A
N/A
N/A
SEE SECTION 2.0, PARA. 2.21
SEE SECTION 3.0 PARA. 3.10
FOR INFORMATION CONTACT:
Diane LeRay, CPPB at 305-375-5330, or at leray@miamidade.gov
IMPORTANT NOTICE TO BIDDERS:
MIAMI-DADE COUNTY
DEPARTMENT OF PROCUREMENT MANAGEMENT
BIDS AND CONTRACTS DIVISION
FAILURE TO COMPLETE THE CERTIFICATION REGARDING LOCAL PREFERENCE ON
PAGE 26 OF SECTION 9, BID SUBMITTAL FORM SHALL RENDER THE VENDOR
INELIGIBLE FOR LOCAL PREFERENCE
FAILURE TO SIGN PAGE 26 OF SECTION 4, BID SUBMITTAL FORM WILL RENDER
YOUR BID NON -RESPONSIVE
MIAMI-DADE COUNTY, FLORIDA
INVITATION TO BID
Bid Number: 6164-4/11-OTR
Title: Tire Retreading and Section Repair Services (Truck & Implement Tires) for a one
(1) year period with County option to renew for an additional four (4) years on a
year to year basis.
Sr. Procurement Contracting Agent: Diane LeRay, CPPB
Bids will be accepted until 2:00 p.m. on February 8, 2006
Bids will be publicly opened. The County provides equal access and does not discriminate
on the basis of disability in its programs or services. It is our policy to make all
communication available to the public, including those who may be visually or hearing
impaired. if you require information in a non-traditional format please call 305-375-5278.
Instructions: Each Bid submitted to the Department of Procurement Management shall
have the following information clearly marked on the face of the envelope: the Bidders
name, return address, Bid number, opening date of the Bid and the title of the Bid.
Included in the envelope shall be an original and three copies of the Bid Submittal, plus
attachments if applicable. Failure to comply with this requirement may result in your Bid
not being considered for award.
All Bids must be submitted in a sealed envelope or container and will be opened promptly
at the time indicated in this solicitation document. Any Bid received after the first Bid has
been opened will be returned to the Bidder unopened. The County does not accept
responsibility for delays, natural or otherwise.
NOTICE TO ALL BIDDERS: FAILURE TO SIGN THE BID SUBMITTAL FORM
WILL RENDER YOUR BID NON -RESPONSIVE.
THE BID SUBMITTAL FORM CONTAINS IMPORTANT CERTIFICATIONS THAT
REQUIRE REVIEW AND COMPLETION BY ANY VENDOR RESPONDING TO THIS
SOLICITATION
MIAMI-DADE COUNTY BiD NO.: 6164-4/11-OTR
SECTION 1
GENERAL TERMS AND CONDITIONS
1.]. DEFINITIONS
Bid - shall refer to any offer(s) submitted in response to this solicitation.
Bidder - shalt refer to anyone submitting a Bid in response to this
solicitation.
Bid Solicitation - shall mean this solicitation documentation, including
any and all addenda
Bid Submittal Form - defines the requiremerd of items to be
purchased, and must be completed and submitted with Bid. The Bidder
should indicate its name in the appropriate space on each page.
County - shall refer to Miami -Dade County, Florida
DPM - shall refer to Miami -Dade County's Department of Procurement
Management, Bids and Contracts Division.
Enrolled Vendor EFFECTIVE JULY 8, 2002, shall refer to a firm
that has completed the necessary documentation in order to receive Bid
notifications from the County, but has not yet registered.
Registered Vendor - shall refer to a firm that has completed the Miami.
Dade County Etusineas Entity Registration Application and has satisfied
all requirements to enter in to business agreements with the County.
For additional Information about on-line vendor enrollment or
vendor region contact the Vendor Assistance Unit at 111 N.W.
1' Street, 136 Floor, Miami, FL 33128, Phone 30 -375-5773.
EFFECTIVE JULY 1, 2002, vendors will be able to enroll and
regloter online by visiting our web site at httn:imiamldadsaov and
click on "Business".
1.2. INSTRUCTIONS TO BIDDERS
A. Bidder Qnatlf eatlon
It is the policy of the County to encourage full and open competition
among all available qualified vendors. All vendors regularly engaged in
the type of work specified in the Bid Solicitation are encouraged to
submit Bids. Vendors may enroll with the County to be included on a
mailing let for selected categories of goods and services. To be eligible
for award of a contract (including small purchase orders), Bidders must
complete a "Miami -Dade County Business Entity Registration
Application". Only Registered Vendors can be awarded County
contracts. Vendors are encouraged to register with the County anytime
by contacting the Vendor information Ceder at 305-375-5287. The
County endeavors to obtain the participation of all qualified minority
- and disadvantaged business enterprises.. For informatics and to apply for
certification, contact the Department of Business Development, at 111
N.W. 1 Street, 1911 Floor, Miami, FL 33128-1844, or telephone at 305-
375-311I. County employees wishing to do business with the County
are referred to Section 2-11.1(d) of the Miami -Dade County Code.
B. Vendor Regletratlon
To be recommended for award the County requires that vendors
complete a Miami -Dade County Business Entity Registration
Application with all required disclosure affidavits. The Miami -Dade
County Elusions Entity Registration Application must be retuned to the
Department of Procurement Management (DPM), Bids and Contacts
Division within Fourteen (14) days of notification of the intent to
recommend for sward. In the event the Miami -Dade County Business
Entity Registration Application is not properly completed and returned
within the specified time, the County may award to next lowest
responsive Bidder. The Bidder is responsible for obtaining the Miami -
Dade County Business Entity Registration Application and all affidavits
by downloading from DPM's webaite at httv;llmiamidade.rtov and click
on "Business" or from the Vendor Assistance Unit at 111 N.W. 1'
Street, Miami, FL. In becoming a Registered Vendor with Miami -Dade
County, the vendor firms its knowledge of and commitment to
comply with the following:
1. Disclosure of Employment - pursuant to Section 2-8.1(d) of the
County Code.
2. Disclosure of Ownership Affidavit - pursuant to Section 2.8.1(d)
of the County Code.
3. Drug -Free Affidavit - pursuant to Section 2-8.1.2(b) of the County
Code.
4. W-9 and 8109 Forms - The vendor must furnish these forms as
required by the Internal Revenue Service.
5. Social Security Number - The vendor must provide a copy of the
primary owner's social security card if the social security number
is being used in lieu of the Federal Identification Number
(F.E,1.N.).
6 Americans with Disabilities Act (A.D.A_) Affidavit - It is the
policy of the County to comply with all requirements of County
Resolution RI82-00 and the A.D.A-
7. Collection of Fees, Taxes and Parking Tickets Affidavit - pursuant
to Scotia' 2-8.1 (c) of the County Code.
8. Conflict of Interest and Code of Ethics - pursuant to Sections 2-
8.1(i) and 2-11.1(b) (1) through (6) and (9) oldie County Code and
County Ordinance No. 00-1 amending Section 2-11.1(c) of the
County Code.
9. Code of Business Ethics - pursuant to Section 2-8.1(i) of the
County Code.
10. Doberman!! Disclosure Affidavit - pursuant to County Coda 10-38.
11. Office of the Inapeotor General Purst ant to Section 2-1076 of the
County Code.
12. Minority and Disadvantaged Business Enterprises. The County
endeavors to obtain the participation of all minority and
disadvantaged business enterprises pursuant to Sections 2-8.2, 2-
8.2.3 and 2-8.2.4 of the County Code and Title 49 of the Code of
Federal Regulations.
13. Individuals and Entities Doing Business with the County not
current in their obligations to the County - pursuant to Sections 2-
8.1 (h) and 2-1 I.1(hX8) of the County Code.
14. Nondiscrimination pursuant to Section 2-8.1.5 of the County Code.
15. Family Leave - Pursuant to Section II A-30 of the County Code.
16. Living Wage- Pursuant to Section 2-8.9 of the County Code.
17. Domestic Leave - Pursuant to Section 11A-60 oldie County Code.
18. Antitrust Laws - By acceptance of any contract, the vendor agrees
to comply with all antitrust laws of the United States and the State
of Florida
C. PUBLIC ENTITY CRIMES
To be eligible for award ofa contract, firms wishing to do business with
the County must comply with the following:
Pursuant to Section 287.133(2Xa) of the Florida Statutes, a parson 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 contract
to provide any goods or services toe public
blic entity, may not submit a Bid
on a contract with a public entity for the construction or repair of a
public building or public work, may not submit Bids on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list.
D. Request for Additional Information
1. Pursuant to Section 2-11.1(t) of the County Code, all Bid
Solicitations, once advertised and until an award recommendation
has been forwarded to the appropriate authority are under the
"Cone of Silence". Any communication or inquiries, except for
clarification of process or procedure already contained in the
solicitation, are to be made in writing to the attention of the
Procurement Agent identified on the front page of the solicitation.
Such inquitiee or request for information shall be submitted to the
procurement agent in writing and shall contain the requester's
name, address, and telephone number. If transmitted by facsimile,
the request should also include a cover sheet with Bidder's
facsimile number. The requestor must also file a copy of this
written request with the Clerk of the Board, 111 NW 1 ` Street, 171h
Floor, mite 202, Miami, Florida 33128-1983 or email
olerkbcc to mismidade.aov.
2. The Department of Procurement Management may issue an
addendum in response to any inquiry received, prior to Bid
opening, which changes, adds to or clarifies the terms, provisions
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SECTION 1
GENERAL TERMS AND CONDITIONS
or requirements of the solicitation The Bidder should not rely on
any representation, statement or explanation whether written or
verbal, 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, the last addendum
issued shall prevail.
3. pt is the Bidder's responsibility to ensure receipt of all addenda,
and any accompanying documentation, The Bidder is required to
submit with its Bid a signed "Acknowledgment of Addenda" form,
when any addenda have been issued
E. Contents of Bld 8ollcltadon and Bidders' Reaponalbfllles
1. it is the responsibility of the Bidder to become thoroughly familiar
with the Bid requirements, terms and conditions of this 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
Bidder.
2. 'this solicitation is subject to all legal requirements contained in
the applicable County Ordinances, Administrative Orders, and
Resolutions, as well as all applicable State and Federal Staines.
Where conflict exists between this Bid Solicitation and these legal
requirements, the authority shall prevail in the following order.
Federal, State and local.
3. It is the responsibility of the Bidder/Proposer, prior to conducting
any lobbying 12.102.ibk solicitation to file the appropriate
farm with the Clerk of the Board sienna that a naiticubar
)ohbvbt la authorized to represent the Bidder/Promisee. The
Bidder/Proposer shall also file a form with the Clerk of the Board
at the point in time a1 which a lobbyist is no longer authorized to
represent said Bidder/ Proposer. Failure of a Bidder/Proposer to
file the appropriate form required, in relation to each solicitation,
may be considered as evidence that the Bidder/Proposer is not a
responsible contractor.
F. Change or Withdrawal of Bids
I. Changes to Bid - Prier to the scheduled Bid opening a Bidder may
change its Bid by submitting a new Bid, (as indicated on the cover
page) with a letter in writing on the firms letterhead, signed by an
authorized agent stating that the new submittal replaces the
original submittal. The new submittal shall contain the letter and
alt information as required for submining the original Bid. No
changes to a Bid will be accepted after the Bid bus been opened.
2. Withdrawal of Bid - A Bid shall be irrevocable unless the Bid is
withdrawn as provided herein. Only written a letter received by
the DPM Bids and Contracts Division prior to the Bid opening date
may withdraw a bid A bid may also be withdrawn ninety (90)
days idler the Bid has been opened and prior to award, by
submitting a letter to the contact person identified oa the front
cover of this Bid Solicitation The withdrawal letter must be on
company letterhead and signed by an authorized agent of the
Bidder.
G. Conflicts Within The Bid Solicttatfon
Where there appears to be a conflict between the General Terms
and Conditions, Special Conditions, the Technical Specifications,
the Bid Submittal Section, or any addendum issued, the order of
precedence shall be: the last addendum issued, the Bid Submittal
Section, the Technical Specifications, the Special Conditions, and
then the General Terms and Conditions.
H.
1.
Prompt Payment Terms
It is the policy of Miami -Dade County that payment for all
purchases by County agencies and the Public Health Trust shall be
made in a timely manner and that interest payments be made on
late payments. In accordance with Florida Statutes, Section 218.74
and Section 2-8.1.4 of the Miami -Dade County Code, the time et
which payment shall be due from the County or the Public Health
Trust shall be forty-Ave.(45) days from receipt of a proper invoice.
The time at which payment shall be due to small businesses shall
be thirty (30) days from receipt of a proper invoice. All payments
due from the County or the Public Health Trust, and not made
within the time specified by this section, shall bear interest from
thirty (30) days after the due date at the rate of one percent (1%)
per month on the unpaid balance. Further, proceedings to resolve
disputes for payment of obligations shell be concluded by final
written decision of the County Manager, or his or her dasignee(s),
not later than sixty (60) days after the date on which the proper
invoice was received by the County or the Public Health Trust.
2. The Bidder may offer cash discounts for prompt payments;
however, such discounts will not be considered io determining the
lowest price during bid evaluation. Bidders are requested to
provide prompt payment terms in the space provided on the Bid
submittal signature page of the solicitation.
1.3. PREPARATION OF BIDS
A. The Bid submittal form defines requirements of items to he
purchased, and must be completed and submitted with the Bid Use
of any other fcrm will result in the rejection of the Bidder's offer.
B. The Bid submittal form must be legible. Bidders shall use
typewriter, computer or ink. All changes must be crossed out and
initialed in ink. Failure to comply with these requirements may
cause the Bid to be rejected.
C. An authorized agent of the Bidder's firm must sign the Bid
submittal form. FAILURE TO SIGN THE AID SUBMITTAL
FORM SHALL RENDER THE BID NON -RESPONSIVE.
D. The Bidder nmy be considered non -responsive if bids arc
conditioned to modifications, changes, or revisions to the terms
and conditions of this eolicitatioa.
E. The Bidder may submit alternate Bid(s) for the same solicitation
provided that such offer is allowable under the terms and
conditions. The alternate Bid must meet or exceed the minimum
requirements and be submitted an a separate Bid submittal marked
"Alternate Bid".
F. When there is a discrepancy between the unit prices and any
extended prices, the unit prices will prevail.
I.4. CANCELLATION OF BID SOLICITATION
Miami -Dade County reserves the right to cancel, in whole or in part, any
Invitation to Bid wban it is in the best interest of the County.
1.5. AWARD OF BID SOLICITATION
A. This Bid may be awarded to the responsible Bidder meeting all
requirements as set forth in the solicitation. The County reserves
the right to reject any and all Bids, to waive irregularities or
technicalities and to re -advertise for all or any part of this Bid
Solicitation as deemed in its beet interest. The County shall be the
sole judge of its best interest.
B. When there are multiple line itetns in a solicitation, the County
reserves the dela to award on en individual item basis, any
combination of items, total low Bid or in whichever manner
deemed in the best interest of the County.
C. The County reserves the right to reject any and all Bids if it is
determined that prices are excessive, best offers are determined to
be unreasonable, or it is otherwise determined to be in the
County's best interest to do so.
D. The County reserves the right to negotiate prices with the low
bidder, provided that the scope of work of this solicitation remains
the same.
E. Award of this Bid Solicitation will only be made to firms that have
completed the Miami -Dade County Business Entity Registration
Application and that satisfy all necessary legal requirements to do
business with Miami -Dade County. Firms domiciled in Mtemi-
Dade County must present a copy of their Miami -Dade County
issued Occupational License.
F. Pursuant to County Code Section 2-8.1(g), the Bidder's
performance as a prime contractor or subcontractor on previous
County corthacts shall be taken into account in evaluating the Bid
received for this Bid Solicitation.
G. To obtain a copy of the Bid tabulation, Biddes(s) shall enclose an
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Revised 06/07/05
MIAMI-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 1
GENERAL TERMS AND CONDITIONS
appropriately sized self-addressed stamped envelope. Bid results
will not be given by telephone or facsimile. Please allow ten (10)
calendar days alter Bid opening for mailing.
H. The Bid Solicitation, any addenda and/or properly executed
modifications, the purchase order, and any change orders) shall
constitute the contract.
L. In accordance with Resolution R-1574.88 the Director of Bids and
Contracts Division wilt decide all tie Bids.
J. Award of this Bid may be predicated on compliance with and
submittal of all required documents as stipulated in the Bid
Solicitation.
1.6. CONTRACT EXTENSION
A. The County reserves the right to exercise its option to extend a
contract for up to one hundred -eighty 080) calendar days beyond
the current contrast period and will notify the contractor in writing
of the extension.
B. This contract may be extended beyond the initial one hundred -
eighty (180) day extension period upon mutual agreement between
the County and the successful Bidder(s) upon approval by the
Board of County Commissioners.
1.7. WARRANTY
All warrantiea, express and implied, shall be made available to the
County for goods and services covered by this Bid Solicitation, All
goods furnished shall be fully guaranteed by the successful Bidder
against factory defects and workmanship. At no expense to the County,
the successful Bidder shall correct any and all apparent and latent
defects that may occur within the manufacturer's standard warranty.
The Special Conditions of the Bid Solicitation may supersede the
manufacturer's standard warranty.
1.8. ESTIMATED QUANTITIES
Estimated quantities or dollars are for Bidder's guidance only: (a)
estimates are based on the County's anticipated needs and/or usage
during a previous contract period and; (b) the County may use these
estimates to determine the low Bidder. Estimated quantities do not
contemplate or include possible additional quantities that may be
ordered by other goverment, quasi -government or non-profit entities
utilizing this contract under the Joint Purchase portion of the County
User Access Program (UAP) described in Section 2.21 of this contract
solicitation and the resulting contract, if that section is present in this
solicitation document, No guarantee is expressed or implies as to
quantities or dollars that will be used during the contract period. The
County is net obligated to place any order for the given amount
aubsequent to the award of this Bid Solicitation.
1.9. NON -EXCLUSIVITY
1t is the intent of the County to enter into an agreement with the
successful Bidder that will satisfy its needs as describe herein.
However, the County reserves the right as deemed in its best interest to
perform, or cause to be performed, the work and services, or any portion
thereof, herein described in any manner it sees fit, including but not
limited to: award of other contracts, use of any contractor, or perform
the work with its own employees.
1.10. LOCAL PREFERENCE
The evaluation of competitive bids is subject to Section 2-8.5 of the
Miami -Dade County Code, which, except where contrary to federal and
slate law, or any other funding source requirements, provides that
preference be given to local businesses. A local Waimea shall be
defined as:
1. a business that has a valid occupational license, issued by
Miami -Dade County at least one year prior to bid or
proposal submission, that is appropriate for the goods,
services or construction to be purchased;
2. a business that has physical business address located within
the limits of Miami -Dade County from which the vendor
operates or performs business. Post Office Boxes are not
verifiable and shall not be used for the purpose of
establishing said physical address; and
3. a business that contributes to the economic development and
well-being of Miami -Dade County in a verifiable and
measurable way. This may include but not be limited to the
retention and expansion of employment opportunities and
the support and increase in the County's tax base. To satisfy
this r quiremert, the vendor shall affirm in writing its
compliance with either oldie following objective criteria as
of the bid or proposal submission date stated in the
solicitation:
(a)
(b)
vendor has at least tan (10) permanent full time
employees, or part time employees equivalent to 10
FTE ("full time equivalent" employees working 40
hours per week) that live in Miami -Dade County, or
at least 25% of its employees that live in Miami -
Dade County, or
vendor contributes to the Comity's lax base by
paying either real property taxes or tangible personal
property taxes to Miami -Dade County, or
(c) some other verifiable and measurable contribution to
the economic development and wall -being of Miami -
Dade County.
When the bid from a Miami -Dade local business is within 10% of the
lowest price submitted by a non -local business, the local business and
the non -local low bidder shall have the opportunity to submit a best and
final bid equal to or lower than the amount of the low bid previously
submitted by the non -local business
At this time, there is an interiocal agreement in effect between Miami -
Dade and 13roward Counties until September 2005. Therefore, a vendor
which meets the requirements of (1) and (2) above for Broward County
shall be considered a local business pursuant to this Section.
1.11. CONTINUATION OF WORK
Any work that commences prior to and will extend beyond the
expiration date of the current contract period shall, unless terminated by
mutual written agreement between the County and the successful
Bidder, continue until completion at the same prices, terms and
conditions.
1.12. HID PROTEST
A. A reconunendalioii for contract award or rejection of award may
be protested by a Bidder in accordance with the procedures
contained in Sections 2-8.3 and 2-8.A of the County Code, as
amended, and as established in Administrative Order No.3-21.
B. To initiate a Bid protest, the protester shalt present to the Clerk of
the Board a non-refundable filing fee, payable to the Clerk of the
Board, in accordance with the schedule provided below:
Awar4),uio*m$ JjOnLat
$25,000-$100,000 $500
8100,0014500,000 $1,000
$500,001-$5 million 83,000
Over $5 million $5,000
In the evens a Bidder wishes to protest any part of the General
Conditions, Special Conditions and/or Technical Specifications
contained in the Bid Solicitation it must file a notice of protest in
writing with the issuing department no later than 48 hours prior to
the Bid opening date and hour specified in the solicitation.
Failure to file a timely notice of protest will constitute a waiver of
proceedings.
C. For award recommendations greater than $100,000 the following
shall apply:
When a letter of intent to award a Bid Solicitation has been
communicated (mail, faxed or mailed) to each competing Bidder
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GENERAL TERMS AND CONDITIONS
and filed with the Clerk of the Board, a Bidder wishing to protest
said award recommendation shall file a protest with the clerk of
the Board within len (10) working days of the date of award
recommendation letter. Within two (2) days of that filing, the
protester shall provide the County Attorney and each Bidder with
a copy of each document that was filed with the protest- Failure
to timely file the written protest shall constitute a waiver of the
right to protest the award recommendation.
D. For award recommendations from S25,000 to 5100,000 the
following shall apply:
Each Monday, in the lobby of the Stephen P. Clark Center,
located at 111 N.W. 1" Street, award recommendations are
posted. Participants may also call the Awards Line at 305-375-
4724, or 500-510-4724, or the contact person as identified on the
cover page of the Bid Solicitation. Any Bidder wishing to protest
such recommendations shall file a protest with the Clerk of the
Board within five (5) working days of the posting and submit a
$500 non-refundable filing fee.
1.13. RULES, REGULATIONS AND LICENSES
The successful Bidder shall comply with all laws and regulations
applicable to provide the goods and/or services specified in this Bid
Solicitation. The Bidder shall be familiar with all federal, state and local
laws that tally in affect the goods and/or services offered.
1.14, PACKAGING
Unless otherwise specified in the Special Conditions or Technical
Specifications, all containers shall be suitable for shipment and/or
storage and comply with Resolution No. 738-92.
1.15. SUBCONTRACTING
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 the contract for delimit. When
Subcontracting is allowed the Bidder shall comply with County
Resolution No. 1634-93, Section 10-34 adze County Code and County
Ordinance No. 97-35.
1.16. ASSIGNMENT
The euccessf sl Bidder shall not assign, transfer, hypothecate, or
otherwise dispose of tbia contract, including any rights, title or interest
therein, or its power to execute such contract to any parson, company or
corporation without the prior written consent of the County.
1.17. DELIVERY
Unless otherwise specified in the Bid Solicitation, prices quoted shall be
F.O.B. Destination. Freight shall be included in the proposed price.
1.11I RESPONSIBILITY AS EMPLOYER
The employee(s) of the successful Bidder shall be considered to be at all
times its employee(s), and not an employee(s) or agents) of the County
or any of its departments. The successful Bidder shall provide
competent and physically employee(s) capable of performing the work
as required. The County may require the successful Bidder to remove
any employee it deems unacceptable. All employees of the successful
Bidder stud! wear proper identification.
1.19. INDEMNIFICATION
The successful Bidder shall indemnify and bold harmless the County
and Ile officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorney's fees and costa of
defense, which the County or its officers, employees, agents or
irsW mentalities 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 be incurred thereon. 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.
1.20. COLLUSION
Where two (2) or snore related parties, as defined herein, each submit a
Bid for any contrail, such Bids shall be presumed to be collusive. The
foregoing presumption may be rebutted by the presentation of evidence
as to the extent of ownership, control and management of such related
parties in preparation and submittal of such Bids. Related parties shall
mean Bidder or the principals thereof which have a direct or indirect
ownership interest in another Bidder for the same contract or in which a
parent company or the principals thereof of one (1) Bidder have a direct
or indirect ownership interest in another Bidder for the same contract
Furthermore, any prior understanding, agreement, or connection
between two or more corporations, farms, or persons submitting a bid for
the same materials, supplies, services, or equipment shall also be
presumed to be collusive. Bids found to be collusive shall be rejected.
Bidders who have beta found to have engaged in collusion may be
considered non -responsible, and may be suspended or debarred, and any
contract resulting from collusive Bidding may be terminated for default.
1.21. MODIFICATION OF CONTRACT
The contract may la modified by mutual consent, in writing through the
issuance of a modification to the contract, purchase order, change order
or award sheet, as appropriate.
1.22. TERMINATION FOR CONVENIENCE
The County, at its sole discretion, reserves the right to terminate this
contract without cause upon thirty (30) days written notice. Upon
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 prior to notice of
termination The County shall be the sole judge of "reasonable costs."
1.23. TERMINATION FOR DEFAULT
The County reserves the right to terminate this contract, in part or in
whole, or place the vendor on probation in the event the successful
Bidder fails to perform in accordance with the terms and conditions
stated herein The County further reserves the right to suspend or debar
the successful Bidder in accordance with the appropriate County
ordinances, resolutions and/or administrative orders. The vendor will
be notified by letter of the County's intent to terminate. In the event of
terrnimrtion for default, the County may procure the required goods
and/or services from any source and use any method deemed in its beat
interest All re -procurement cost shall be borne by the successful
Bidder,
1.24. FRAUD AND MISREPRESENTATION
Pursuant to Section 2-8.1,4 of the Mianni-Dade County Code, any
individual, corporation or other entity that attempts to meat its
contractual obligations with the County through fraud, misrepresentation
or material misstatement, may be debarred for up to five (5) years. The
County as a farther sanction may terminate or cancel any other contracts
with such individual, corporation or entity. Such individual or entity
shall be responsible for all direct or indirect costs associated with
termination or cancellation. including attorney's fees.
1.25. ACCESS TO RECORDS
The County reserves the right to require the Contractor to submit to an
audit by Audit and Management Services or other auditor of the
Comity's choosing at the Contractor's expense. The Contractor shall
provide access to all of its records, which relate directly or indirectly to
this Agreement at its place of business during regular business hours.
- IV -
Revised 06/07/05
MIAMI-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 1
GENERAL TERMS AND CONDITIONS
The Contractor shall retain all records pertaining to this Agreement and
upon request make them available to the County for three years
following expiration of the Agreement. The Contractor agrees to
provide such assistance as may be necessary to facilitate the review or
audit by the County to ensure compliance with applicable accounting
and financial standards.
1.26 OFFICE OF THE INSPECTOR GENERAL
Miami -Dade County has established the Ice (Stile Inspector General,
which is authorized and empowered to review paet, present, and
proposed County and Public Health Trust programs, contracts,
transactions, accounts, records and programs. The Inspector General
(1G) has the power to subpoena witnesses, administer oaths, require the
production of records and monitor existing projects and programs. The
inspector General may, on a random basis, perform audits on all County
contracts. The cost of random audits shall be incorporated into the
contract price of all contracts and shall be one quarter {1/4) of one (I)
percent of the contract price, except as otherwise provided in Section 2-
1076(eX8) of the County Code.
1.27 PRE -AWARD INSPECTION
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 is
capable of performing the requirements of this bid solicitation.
1.28 PROPRIETARY/CONFIDENTIAL INFORMATION
Bidders are hereby notified that all information submitted as pert o1 or
in support of bid submittals will be available for public inspection after
opening of bids in compliance with Chapter 119 of the Florida Statutes;
popularly know as the "Public Reoc d Law." The bidder shall not
submit any information in response to this invitation, which the bidder
considers to be a trade secret, proprietary or confidential. The
submission of any information to the County in connection with this
invitation studl be deemed conclusively to be a waiver of any trade
asset or other protection, which would otherwise be available to the
bidder. In the event that the bidder submits information to the County in
violation of this restriction, either inadvertently or intentionally, and
clearly identifies that information in the bid as protected or confidential,
the County shall endeavor to redact and return that information to the
bidder as quickly as possible, and if appropriate, evaluate the balance of
the bid. The redaction or return of infonnation pursuant to this clause
may render a bid non -responsive.
1.29. HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT (HIPAA)
Any person or entity that performs or assists Miami -Dade County with a
function or activity involving the use or disclosure of "individually
identifiable heahh information (IIHI) and/or Protected Health
Information (PHI) shall comply with the Health Insurance Portability
and Accountability Act (HIPAA) of 1996 and the Miami -Dade County
Privacy Standards Administrative Order. HIPAA mandates for privacy,
security and electronic transfer standards, that include but are not limited
to:
I. Use of information only for performing services required by
the contrail or as required by law,
2. Use of appropriate safeguards to prevent non -permitted
disclosures;
3. Reporting to Miami -Dade County of any non -permitted use
or disclosure;
4. Assurances that any agents and subcontractors agree to the
same restrictions and conditions that apply to the
Bidder/Proposer and reasonable assurances that LIHI/PHI
will be held confidential;
S. Making Protected Health Information (PHI) available to the
custom
6. Making PHI available to the customer for review and
amendment; and incorporating any amendments requested
by the customer,
7. Making PHI available 10 Miami -Dade County for an
accounting of disclosures; and
8. Making internal practices, books and records related to PHI
available to Miami -Dade County for compliance audits.
PH1 shall maintain its protected status regardless of the form and method
of transmission (paper records, and/or electronic transfer of data). The
Bidder/ Proposer must give its customers written notice of its privacy
information practices including specifically, a description of the types of
uses and disclosures that would be made with protected health
information.
1.30. CHARTER COUNTY TRANSIT SYSTEM SALES SURTAX
When proceeds from the Charter County Transit System Sales Surtax
levied pursuant to Section 29.121 of the Code of Miami -Dade County
are used to pay for all or some part of the cost of this contract, no award
of a Blanket Purchase Order (BPO) for Tr esit/Public Works as part of a
multi -department contract, nor en award of a contract solely for the use
of Transit/Public Works shall be effective and thereby give rise to a
contractual relationship with the County for Transit/Public Works
purchases unless and until both the following have occurred. 1) the
County Commission awards the contract, and such award becomes final
(either by expiration of 10 days after such award without veto by the
Mayor, or by Commission override of a veto); and, 2) either, i) the
Citizens' Independent Transportation Truitt (CITE) has approved
inclusion of Transit/Public Works in this contract, or, it) in response to
the C1TTs disapproval, the County Commission reaffirms Transi/Public
Work's inclusion in the contract by two-thirds (213) vote of the
Commission's membership and such reaffirmation becomes final.
1.31 LOBBYIST CONTINGENCY FEES
A) In accordance with Section 2-11.1(a) of the Code of Miami -Dade
County, after May, 16, 2003, no person may, in whole or in part, pay,
give or agree to pay or give a contingency foe to another person. No
portion may, in whole or in part, receive or agree to receive a
contingency fee.
13) A contingency fee is a fee, bonus, commission or non -monetary
benefit as compensation which is dependant on or in any way contingent
upon the passage, defeat, or modification of: 1) any ordinance,
resolution, action or decision of the County Commission; 2) any action,
decision or recommendation of the County Manager or any County
board or committee; or 3) any action, decision or recommendation of
any County personnel during the time period of the entire decision -
making -process -regarding such action, decision or recommendation
which forseeably will be heard or reviewed by the County Commission
or a County board or committee.
1.32 COMMISSION AUDITOR - ACCESS TO RECORDS
Pursuant to Ordinance No. 03-2, all vendors receiving an award of the
contrail resulting from this solicitation wilt grant access to the
Commission Auditor to all financial and performance related records,
property, and equipment purchased in whole or in part with government
fords.
-V-
Revised 06/07/05
MIAMI-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 2
SPECIAL CONDITIONS
TIRE RETREADING AND SECTION REPAIR SERVICES
2.1 PURPOSE: TO ESTABLISH A CONTRACT FOR THE COUNTY:
The purpose of this solicitation is to establish a contract for the purchase of Tire
Retreading and Section Repair in conjunction with the County's needs on an as needed
when needed basis.
2.2 SMALL BUSINESS CONTRACT MEASURES FOR SOLICITATIONS
GREATER THAN $50,000 (Bid Preference)
A Small Business Enterprise (SBE) bid preference applies to this solicitation.
A 10% percent bid preference shall apply to contracts $1 million or less and 5% percent
on contracts greater than $1 million. A SBE/Micro Business Enterprise must be certified
by the Department of Business Development (DBD) for the type of goods and/or services
the Enterprise provides in accordance with the applicable Commodity Code(s) for this
solicitation. For certification information, contact the Department of Business
Development at 305-375-3111 or access www.miamidade.gov/dbd.
The SBE/Micro Business Enterprise must be certified by bid submission deadline, at
contract award and for the duration of the contract to remain eligible for the preference.
2.3 INTENTIONALLY OMITTED
2.4 TERM OF CONTRACT: TWELVE (12) MONTHS
This contract shall commence after approval of the contract by the Board of County
Commissioners, or designee, unless otherwise stipulated in the Notice of Award Letter
which is distributed by the County's Department of Procurement Management,
Purchasing Division; and contingent upon the completion and submittal of all required
bid documents. The contract shall expire on the last day of the twelve month period.
2.5 OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS
(With Price Adjustment):
The initial contract prices resultant from this solicitation shall prevail for a one (1) year
period from the contract's initial effective date. Prior to, or upon completion, of that
initial term, the County shall have the option to renew this contract for an additional
period of four (4) years, on a year-to-year basis. Prior to completion of each exercised
contract term, the County may consider an adjustment to price based on changes in the
following pricing index: Producer's Price Index (PPI) for commodity code #3011 #5 for
Tire and Inner Tubes/Tread Rubbers, Tire Sundries, and Repair Materials, latest issue by
the contract's renewal date and as published by the U.S. Department of Labor, Bureau of
Labor Statistics, Washington, D.C. 20212.
1
MIAMI-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 2
SPECIAL CONDITIONS
It is the vendor's responsibility to request any pricing adjustment under this provision.
Far any adjustment to commence on the first day of any exercised option period, the
vendor's request for adjustment should be submitted 90 days prior to expiration of the
then current contract term. The vendor adjustment request should not be in excess of the
relevant pricing index change. If no adjustment request is received from the vendor, the
County will assume that the vendor has agreed that the optional term may be exercised
without pricing adjustment. Any adjustment request received after the commencement of
a new option period may not be considered.
The County reserves the right to reject any price adjustments submitted by the vendor
and/or to not exercise any otherwise available option period based on such price
adjustments. Continuation of the contract beyond the initial period, and any option
subsequently exercised, is a County prerogative, and not a right of the vendor. This
prerogative will be exercised only when such continuation is clearly in the best interest of
the County.
Should the vendor decline the County's right to exercise the option period, the County
may consider the vendor in default which decision may effect that vendor's eligibility for
future contracts.
NOTE:
IF MULTIPLE VENDORS ARE INVOLVED UNDER THE
GIVEN CONTRACT, ANY OPTIONS TO RENEW WILL BE
RESTRICTED TO THE SPECIFIC ITEMS OF WORK
INITIALLY AWARDED TO ANY SPECIFIC VENDOR.
2.6 METHOD OF AWARD: To Multiple Vendors By Item
Award(s) will be made up to the three (3) lowest priced responsive, responsible vendors
on an item -by -item basis. While the award(s) will be made to multiple vendors for each
item to assure availability, the lowest priced vendor for each item will be given the first
opportunity to perform under this contract.
2.7 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT:
If the vendor is awarded a contract under this solicitation, the prices proposed by the
vendor shall remain fixed and firm during the term of contract.
2.8 INTENTIONALLY OMITTED
2.9 INTENTIONALLY OMITTED
2.10 INTENTIONALLY OMITTED
2
MIAMI-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 2
SPECIAL CONDITIONS
2.11 INDEMNIFICATION AND INSURANCE (2) - TOWING AND
AUTOMOTIVE REPAIR SERVICES
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 the Vendor Assistance Section, Department of Procurement
Management, Bids and Contracts Division, 111 NW 1st Street, Suite 1300, 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.
B. Garage Liability Insurance including Garage Keepers Legal Liability in an
amount not less than $300,000 combined single limit per occurrence for
bodily injury and property damage. Miami -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
$300,000 combined single limit per occurrence for bodily injury and property
damage.
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
3
MIAMI-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 2
SPECIAL CONDITIONS
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 in advance notice to the certificate holder.
NOTE: DADE COUNTY SOLICITATION NUMBER AND TITLE OF
SOLICITATION MUST APPEAR ON EACH CERTIFICATE.
CERTIFICATE HOLDER MUST READ:
MIAMI-DADE COUNTY
111 NW 1sT STREET
SUITE 2340
MIAMI, FL 33128
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 solicitation, the vendor 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 vendor fails to submit the required insurance documents in the manner
prescribed in this solicitation within twenty (20) calendar days after Board of
Commission approval, the vendor shall be in default of the contractual terms and
conditions and shall not be awarded the contract. Under such circumstances, the vendor
may be prohibited from submitting future Proposal to the County in accordance with
Section 1.6 of this solicitation.
The vendor shall be responsible for assuring that the insurance certificate 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 vendor in accordance with
Section 2.5 of this solicitation. If insurance certificates are scheduled to expire during the
contractual period, the vendor shall be responsible for submitting new or 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 solicitation; provided, however, that this suspended period
does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30)
calendars days, the County may, at its sole discretion, terminate this contract for cause
and seek re -procurement damages from the vendor in accordance with Section 1.0,
paragraph 1.10B of this solicitation.
4
MIAMI-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 2
SPECIAL CONDITIONS
Vendors supplying parts only are exempt from the insurance requirements
Department of Procurement Management
Bids and Contracts Division
111 NW 1st Street, Suite 1300
Miami, Florida 33128-1989
2.12 INTENTIONALLY OMITTED
2.13 INTENTIONALLY OMITTED
2.14 INTENTIONALLY OMITTED
2.15 METHOD OF PAYMENT: PERIODIC PAYMENTS FOR SERVICE
RENDERED
A. FLEET MANAGEMENT DIVISION
The successful bidder(s) shall submit an invoice with each completed job, at the
time the completed job is redelivered to the County. Invoices will be directed to
the attention of the shop Facility. Supervisor that assigned the work.
B. ALL OTHER COUNTY AGENCIES:
The County shall provide periodic payments for services rendered by the vendor.
In order for the County to provide payment, the vendor shall submit a fully
documented invoice that provides the basic information set forth below. The
invoice shall be submitted to the County department within thirty (30) calendar
days after the service has 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.
All invoices shall contain the following basic information:
I. Vendor Information:
• The name of the business organization as specified on the contract
between Miami -Dade County and vendor
• Date of invoice
• Invoice number
• Vendor's Federal Identification Number on file with Miami -Dade County
II. County Information:
• Miami -Dade County Release Purchase Order or Small Purchase Order
Number
5
MIAMI-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 2
SPECIAL CONDITIONS
III. Pricing Information:
Unit price of the goods, services or property provided
Extended total price of the goods, services or property
Applicable discounts
IV. Goods or Services Provided per Contract:
•
Description
Quantity
V. Delivery Information:
• Delivery terms set forth within the Miami -Dade County Release
Purchase Order
• Location and date of delivery of goods, services or property
VI. Failure to Comply:
Failure to submit invoices in the prescribed manner will delay payment.
2.16 SHIPPING TERMS: F.O.B. DESTINATION
All bidders shall quote prices based on F.O.B. Destination and shall hold title to the
goods until such time as they are delivered to, and accepted by, an authorized County
representative at various Miami -Dade County departments.
2.17 DELIVERY SHALL BE FIVE (5) DAYS AFTER AN ORDER IS PLACED BY
THE COUNTY
The vendor(s) shall make deliveries within five (5) days after receipt of an order from a
County user department. All deliveries shall be made in accordance with good
commercial practice and all delivery schedules shall be adhered to by the successful
vendor(s); except in such cases where the delivery will be delayed due to acts of God,
strikes, or other causes clearly beyond the control of the vendor. In these cases, the
vendor shall notify the County of the delays in advance of the delivery time or date so
that a revised delivery schedule can be appropriately considered by the County.
Should the vendor(s) to whom this contract is awarded fail to deliver items under any
individual order within the number of days as stated above, the County reserves the right
to cancel the specific order, unless a specific back order provision dictating otherwise is
included in this contract. If the specific order is cancelled, it is hereby understood and
agreed that the vendor will be charged with any associated re -procurement costs. If the
vendor fails to honor these re -procurement costs, the County may terminate the vendor's
performance under this contract.
6
MIAMI-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 2
SPECIAL CONDITIONS
2.18 BACK ORDERS MUST BE FILLED WITHIN TEN (10) CALENDAR DAYS
If the vendor cannot deliver an ordered item in accordance with the scheduled delivery
date due to a current existing backorder of that item with the vendor's manufacturer or
distributor; the vendor shall insure that such back orders are filled within ten (10)
calendar days from the initial scheduled delivery date for the item. The vendor shall not
invoice the County for back ordered items until such back orders are delivered and
accepted by the County's authorized representative. It is understood and agreed that the
County may, at its discretion, verbally cancel back orders after the grace period identified
in this paragraph has lapsed, seek the items from another vendor, and charge the
incumbent vendor under this contract for any directly associated re -procurement costs. If
the vendor fails to honor these re -procurement costs, the County may terminate the
contract for default.
2.19 WARRANTY
See Section 3.0, para. 3.10
2.20 CONTACT PERSONS:
For any additional information regarding the terms and conditions of this solicitation and
resultant contract, Contact: Diane LeRay, CPPB at (305) 375-5330 email —
Ierayleray@miamidade.gov.
2.21 COUNTY USER ACCESS PROGRAM (UAP)
User Access Fee
Pursuant to Miami -Dade County Budget Ordinance No. 03-192, this contract is subject to
a user access fee under the County User Access Program (UAP) in the amount of two
percent (2%). All sales 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, are subject to the two percent (2%) UAP. This fee applies to all contract
usage whether by County Departments or by any other governmental, quasi -
governmental or not -for -profit entity.
The vendor providing goods or services under this contract shall invoice the contract
price and shall accept as payment thereof the contract price less the 2% UAP as full and
complete payment for the goods and/or services specified on the invoice. The County
shall retain the 2% UAP for use by the County to help defray the cost of the procurement
program. Vendor participation in this invoice reduction portion of the UAP is mandatory.
Joint Purchase
Only those entities that have been approved by the County for participation in the
County's Joint Purchase and Entity Revenue Sharing Agreement are eligible to utilize or
7
MIAMI-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 2
SPECIAL CONDITIONS
receive Miami -Dade County contract pricing and terms and conditions. The County will
provide to approved entities a UAP Participant Validation Number. The vendor must
obtain the participation number from the entity prior to filling any order placed pursuant
to this section. Vendor participation in this joint purchase portion of the UAP, however,
is voluntary. The vendor shall notify the ordering entity, in writing, within 3 work days of
receipt of an order, of a decision to decline the order.
For all ordering entities located outside 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 ordering entity prior to shipping the goods.
Miami -Dade County shall have no liability to the vendor for the cost of any purchase
made by an ordering entity under the UAP and shall not be deemed to be a party thereto.
All orders shall be placed directly by the ordering entity with the vendor and shall be paid
by the ordering entity less the 2% UAP.
Vendor Compliance
If a vendor fails to comply with this section, that vendor may be considered in default by
Miami -Dade County in accordance with Section 1, Paragraph 1.23 of this contract
solicitation and the resulting contract.
2.22 ACCEPTANCE OF PRODUCT BY THE COUNTY
The product(s) to be provided hereunder shall be delivered to the County, and maintained
if applicable to the contract, in full compliance with the specifications and requirements
set forth in this contract. If a vendor -provided product is determined to not meet the
specifications and requirements of this contract, either prior to acceptance or upon initial
inspection, the item will be returned, at vendor expense, to the vendor. At the County's
own option, the vendor shall either provide a direct replacement for the item, or provide a
full credit for the returned item. The vendor shall not assess any additional charge(s) for
any conforming action taken by the County under this clause.
2.23 ADDITIONAL FACILITIES MAY BE ADDED
Although this solicitation and resultant contract 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. When required by the
pricing structure of the contract, vendor(s) under this contract shall be invited to submit
price quotes for these additional facilities. If these quotes are determined to be fair and
reasonable, then the additional work will be awarded to the current contract vendor(s)
that offers the lowest acceptable pricing. If this contract has a single incumbent vendor,
the additional site(s) shall be added to this contract by formal modification of the award
sheet. If there are multiple incumbent vendors under this contract, and the additional
8
MIAMI-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 2
SPECIAL CONDITIONS
effort is to be assigned to only one of these vendors, a separate release order will be
issued.
The County may determine to obtain price quotes for the additional facilities from
other vendors in the event that fair and reasonable pricing is not obtained from the
current contract vendors, or for other reasons at the County's discretion.
2.24 COMPLIANCE WITH FEDERAL STANDARDS
All items to be purchased under this contract shall be in accordance with all
governmental standards, to include, but not be limited to, those issued by the
Occupational Safety and Health Administration (OSHA), the National Institute of
Occupational Safety Hazards (NIOSH), and the National Fire Protection Association
(NFPA).
2.25 DAMAGED GOODS WHEN SHIPPING IS PROVIDED BY VENDOR:
The vendor shall be responsible for filing, processing, and collecting all damage claims
against the shipper.
2.26 DEFICIENCIES IN WORK TO BE CORRECTED BY THE VENDOR
The vendor shall promptly correct all apparent and Iatent deficiencies and/or defects in
work, and/or any work that fails to conform to the contract documents regardless of
project completion status. All corrections shall be made within five (5) calendar days
after such rejected defects, deficiencies, and/or non -conformances are verbally reported
to the vendor by the County's project administrator, who may confirm all such verbal
reports in writing. The vendor shall bear all costs of correcting such rejected work. If the
vendor fails to correct the work within the period specified, the County may, at its
discretion, notify the vendor, in writing, that the vendor is subject to contractual default
provisions if the corrections are not completed to the satisfaction of the County within ten
(10) calendar days of receipt of the notice. If the vendor fails to correct the work within
the period specified in the notice, the County shall place the vendor in default, obtain the
services of another vendor to correct the deficiencies, and charge the incumbent vendor
for these costs; either through a deduction from the final payment owed to the vendor or
through invoicing. If the vendor fails to honor this invoice or credit memo, the County
may terminate the contract for default.
2.27 DELETION OF FACILITIES
Although this solicitation identifies specific facilities to be serviced, 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 vendor.
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MIAMI-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 2
SPECIAL CONDITIONS
2.28 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE
VENDOR
Unless otherwise provided in Section 3 (entitled "Technical Specifications"), of this
solicitation the vendor shall furnish all labor, material 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.
2.29 LEGAL REQUIREMENT FOR POLLUTION CONTROL
It is the intent of these specifications to comply with the Miami -Dade County Pollution
Control Ordinance as stated in Chapter 24 of the Miami -Dade Code. This ordinance is
made a part of these specifications by reference and may be obtained, if necessary, by the
vendor through the Department of Environmental Resources Management (DERM), 33
SW 2nd Ave., Miami, Florida 33130, Telephone (305) 372-6789.
2.30 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS
The vendor hereby acknowledges and agrees that all materials, except where recycled
content is specifically requested, supplied by the vendor in conjunction with this
solicitation and resultant contract shall be new, warranted for their merchantability, and
fit for a particular purpose. In the event any of the materials supplied to the County by
the vendor are found to be defective or do not conform to specifications: (1) the materials
may be returned to the vendor at the vendor's expense and the contract cancelled or (2)
the County may require the vendor to replace the materials at the vendor's expense.
2.31 PURCHASE OF OTHER ITEMS NOT LISTED WITHIN THIS SOLICITATION
BASED ON DISCOUNTS FROM PRICE LISTS:
While the County has listed all major items within this solicitation which are utilized by
County departments in conjunction with their operations, there may be similar items that
must be purchased by the County during the term of this contract. For this reason,
vendors may be requested to quote or offer percentage discounts to the County for items
which do not appear on this solicitation. The County reserves the right to award these
items and prices as appropriate and in the best interests of the County for the duration of
the contract.
2.32 RISK OF LOSS
The vendor assumes the risk of loss or damage to the County's property during
possession of such property by the vendor, and until delivery to, and acceptance of, that
property to the County. The vendor shall immediately repair, replace or make good on
the loss or damage without cost to the County, whether the loss or damage results from
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MIAM.I-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 2
SPECIAL CONDITIONS
acts or omissions (negligent or not) of the vendor or a third party.
The vendor shall indemnify and save the County harmless from any and all claims,
liability, losses and causes of action which may arise out of the fulfillment of this
contract. The vendor shall pay all claims and losses of any nature whatever in connection
therewith, and shall defend all suits, in the name of the County when applicable, and shall
pay all costs and judgments which may issue thereon.
2.33 SAMPLES MAY BE REQUIRED DURING EVALUATION
After the County opens the Bid Proposals, the bidders may be required to submit a
completed retreaded or recapped tire, or a section of tread, to be supplied for evaluation
by, and at no cost to the County. Furthermore, if new brands are being introduced
(Section 3.0 para. 3.3.1) sample submissions are required. Whenever samples are
required, the County will notify the bidder of such in writing and will specify the
deadline for submission of the samples. Each individual sample shall be clearly labeled
with the bidder's name, bid number, bid title, manufacturer's name and brand name, and
style number if applicable. If the bidder fails to submit the samples, properly labeled,
within the specified date stipulated in the notice, the County shall not consider the
bidder's proposal for that item(s); provided however, that in the event of a group or
aggregate award, the bidder's proposal will not be eligible for that group or in the
aggregate as applicable. All samples shall become the property of Miami -Dade County.
The County reserves the right to perform its own testing procedures or to send any and all
samples to the State of Florida's Department of General Services, Division of Purchasing,
Bureau of Standards Laboratory or any other certifiable laboratory for analysis. Any
costs for testing shall be borne by bidder. On the basis of this testing and analysis, the
County shall be sole judge of the acceptability of the sample in conformance with the bid
specifications and its decision shall be final. Any sample submitted shall create an
express warranty that the whole of the goods and/or services to be provided by the bidder
during the contract period shall conform to the sample submitted. The bidder shall be
required to provide adequate restitution to the County, in the manner prescribed by the
County, if this warranty is violated during the term of the contract.
2.34 STOCK LEVELS SHALL BE MAINTAINED BY BIDDER
The successful bidder(s) shall ensure that adequate stock levels are maintained at its place
of business in order to assure the County of prompt delivery. If the delivery terms
specified in the Solicitation are not fulfilled by the Bidder, the County reserves the right
to cancel the order, purchase the goods elsewhere, and charge the Bidder for any
reprocurement costs incurred by the County.
2.35 WORK ACCEPTANCE
This project will be inspected by an authorized representative of the County. This
inspection shall be performed to determine acceptance of work, appropriate invoicing,
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MIAMI-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 2
SPECIAL CONDITIONS
and warranty conditions.
2.36 DEMONSTRATION OF COMPETENCY
Bids will only be accepted for evaluation, recommendation, or award from entities which
are able to satisfy the following criteria:
The County may conduct a pre -award inspection of the bidder's site and/or hold a pre -
award investigation or hearing to determine ifthe bidder possesses the abilities,
experience, inventory, plant and equipment, technical abilities, organization, delivery and
service equipment if required, financial resources or physical and financial investments
necessary at the time of the bid opening, to perform the activities proposed in a manner
consistent with the best commercial practices in the bidder's industry. Bidders who do
not have the required Casing and Certification equipment, or any other equipment
necessary or. required to produce a modern best quality product, installed and in daily
operation in their facility, will not be eligible for award consideration. Additionally, that
facility must have the capability to produce the capacities required and to do the work
proposed or the bidder will not be eligible for award consideration.
The bidder must also be able to document in any manner requested by the County, their
qualifications and abilities, including but not limited to an established record of
performance in the business activity proposed, so as to ensure that they can satisfactorily
provide the goods and/or services required in a manner consistent with the best
commercial practices of that industry if they are awarded this solicitation.
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MIAMI-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 3
TECHNICAL SPECIFICATIONS
TIRE RETREADING AND SECTION REPAIR
3.1 GENERAL REQUIREMENTS:
These are the minimum requirements for the recapping of various sizes of truck and
construction equipment tires for Miami -Dade County. Truck tires recapping will be
required that is performed either on casing tires owned by Miami -Dade County, or on a
"virgin" vendor supplied casing that meets or exceeds all inspection standards. The
retreading shall be done by either using a pre -cured or mold cured top cap which has the
tire tread imbedded at manufacture or by re -manufacturing the tire by winding a rubber
strip around the prepared casing to build up the replacement rubber and then remolding
the tread into the tire. While either method is acceptable, they will be separately
proposed in the applicable Bid Proposal section. All tires offered will be prepared using
only the finest commercial techniques as endorsed by the Rubber Manufacturer's
Association (RMA) and the American Retreaders Association (ARA), and are subject to
the following additional practices and requirements.
3.2 BIDDERS' REQUIREMENT
Bidders must be the principal contractor, bids tendered by brokers or brokerage
houses will not be acceptable. Bidders will be required to demonstrate evidence of
"rubber" in inventory capable of supporting the operations proposed in the quantity
required in addition to the equipment and facilities required for bonding, stripping,
buffing, inspecting, and finishing the tires needed in the quantity required in accordance
with industry standards. Bidders will also have a facility which has secure storage on
their property for a minimum of one semi -trailer load of Miami -Dade County supplied
tires to be recapped.
3.3 TREAD DESIGN AND DEPTH:
An all position rib type tread design is required having no less than four (4) ribs, which
are defined as continuous groves. The tread groves may incorporate irregular
configurations but are to be continuous so as to form ribs. The depth of tread shall be
measured from the true road contact surface to the base of the tread grove which is
continuous for the diameter of the tire. Mold marks or other flashings which are
superficial and/or non-functional on the road contact tread surface will not be a tread
measurement point. Depth specification requirements must be met at all points in the
tread grooves.
3.4 CASING REQUIREMENTS:
A. Casing age date of five (5) years maximum (per O.E. mfg. DOT date)
B. Maximum of four (4) repairs per casing will be allowed during the entire five (5)
year span at the following criteria.
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MIAMI-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 3
TECHNICAL SPECIFICATIONS
1. Repairs located within center of tread grooves six (6) inches apart (utilize
B 110, B 120-B 140 or equivalent). NOTE: B140 section repairs must be 90
degrees apart.
2. Bead repairs are allowed when included in total count and distance.
C. Four (4) retreads will be allowed providing all criteria are met including total
repairs.
D. No buzz outs beyond protector belts. Maximum buzz out 3/a inch diameter.
E. Tires shall have no evidence of sidewall cable warp or distortion.
F. The original casing under tread (over steel belts) is to be at 3/32" minimum over
tread buffed surface area.
G. No casing will be substituted for any Miami -Dade County supplied casing. All
Miami -Dade County casings will be returned as either completed recaps or as bad
rubber no longer meeting specification requirements for casings.
3.4.1 VENDOR SUPPLIED VIRGIN CASINGS:
Contract awardees may also be asked to recap truck tires for various sanitation equipment
and other equipment where the contractor will supply the casing as well as the capping.
All casings supplied will be top quality steel cord radial tire casings with a minimum of a
16-ply rating in an H load range. Sizes will be as required and the casing may not have
been previously recapped. Casing brands that are acceptable include General, Michelin,
Goodrich, Goodyear, Bridgestone, and Firestone. Others may be acceptable upon written
request and supply of a sample for inspection and evaluation purposes. The County
reserves the right to inspect all casings to be supplied prior to the start of recapping and to
reject any that it feels are unsuitable at its sole discretion. The County could purchase as
many as 300 to 500 of these tires a month in addition to its normal recapping needs.
Additional casing requirements are:
A. Casing age date of three (3) years maximum (per O.E. mfg. DOT date) with no
perforations.
B. Tires shall have no sidewall or shoulder section repairs, bead repairs, or buzz outs
to the top steel protector belt which show any evidence of rust or damage (stone
drilling).
C. Tires shall have no evidence of sidewall cable warp or distortion.
D. The original casing under tread (over steel belts) is to be at 3/32" minimum over
100% of tread buffed surface area.
3.5 CASING CERTIFICATION
All casings must be certified by the retreader as having been inspected on one of the
following units:
➢ Bandag NDI steer level one green decal.
➢ Oliver Tuff Scan Ultra Sonic Inspection.
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MIAMI-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 3
TECHNICAL SPEEIFICATIONS
Hawkinson NDI non destruct Inspector.
3.6 RUBBER USED:
Whether the rubber used is a top cap or a wound ribbon, all materials must be 100% first
line materials with the brand name clearly showing. When a top cap is used, the
successful contractor shall not paint the tread and will leave the manufacturer's brand
name clearly showing. The top cap shall extend only across the tread area, thus
conforming with the tread known commercially as a top cap. Width as used in these
specifications is defined as shoulder to shoulder, the surface making contact with the
roadway. Tread rubber must be of the width most appropriate for the casing being
capped according to the best commercial recapping standards, but in no case shall be less
than the minimum width specified in the Invitation to Bid.
3.7 BUFFING:
In preparing a casing for recapping, the old tread shall be buffed, but only to the extent
that when a new tread is completed, the finish on the shoulders shall be smooth and
without excess overflow. Small cuts and nail holes shall be cleaned out. The area around
nail holes on the inside of the band plies shall be buffed on a radius of approximately one
inch. All dust and loose foreign matter shall be removed from the inside and outside of
the casing. Nail holes and small cuts shall be appropriately treated prior to the
application of rubber.
3.8 CEMENTING
Whether using a top cap or a wound ribbon rubber, all manufacturer's recommendations,
the recommendations of the American Retreaders Association (ARA) Retreading Manual
and the Rubber Manufacturer's Association (RMA) shall be used in conjunction with the
best commercial practices in the industry to produce the best quality product available.
3.9 FINAL INSPECTION
The recapper is required to perform a final inspection on the finished product to
determine conformance with the recommended practices of the American Retreaders
Association (ARA), Retreading Manual and the Rubber Manufacturer's Association
(RMA) as well as the requirements of these specifications and the best commercial
practices in the industry. Only tires that pass this inspection shall be billed to Miami -
Dade County, all others shall be returned as bad rubber or redone to required standards by
the successful contractor.
3.10 WARRANTY:
All bidders shall provide warranty in cases where the retread tire becomes loose or de -
bonds when used on a Refuse Packer Truck before 12,000 miles of use. The tire shall be
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MIAMI-DADE COUNTY BID NO.: 6164-4/11-OTR
SECTION 3
TECHNICAL SPECIFICATIONS
recapped at no cost to the County and if the retread tire cap when used on any other
vehicle including truck tractors becomes loose or de -bonds from the casing before
20,000 miles, those tires will be re -recapped at no cost to the County.
3.11 AVAILABILITY OF CONTRACT TO OTHER MUNICIPAL AGENCIES
Although this Solicitation is specific to a County Department, GSA/Fleet Management, it
is hereby agreed and understood that any County department or agency, upon approval
and authorization of the GSA/Fleet Management Division, may avail itself of this
contract. Under these circumstances, a separate release order shall be issued by each
County Department approved to access this contract. All quotations for sizes or services
not originally listed in this solicitation will be solicited either by GSA/Fleet Management
or by the Department of Procurement Management (DPM).
Any municipal entity other than those of Miami -Dade County which do not use
GSA/Fleet Management for its complete equipment maintenance services is required to
pay a charge equal to one (1) percent of the total transaction purchase price for each and
every transaction covered or accessed by this contract. Payments are to be made payable
to the Board of County Commissioners of Miami Dade County and promptly mailed,
forwarded or delivered to the Attention of:
Martin I. Dareff, CPPO, CPPB
Fleet Management Division
111 NW 1st Street Ste#2450
Miami, Florida 33128-1979
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