HomeMy WebLinkAboutInvitation to BidMIAMh�
COUN
TY
I BID NO.: 0245-4/10.0TR
OPENING: 2:00 P.M.
WEDNESDAY
August 3, 2005
MIAMI-DADE COUNTY, FLORIDA
INVITATION
TO BID
TITLE:
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS,
FURNISH AND/OR INSTALL FOR VARIOUS MIAMI-DADE COUNTY DEPARTMENTS
FOR A PERIODOF ONE (1) YEAR WITH COUNTY OPTION TO RENEW FOR FOUR (4)
ADDITIONAL 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. N/A
EQUIPMENT LIST: N/A
INDEMNIFICATION/INSURANCE: See Section 2.0, Paragraph 2.11
LIVING WAGE: N/A
PRE -BID CONFERENCE/WALK-THRU: N/A
SBE MEASURES: See Section 2.0, Paragraph 2.2
SAMPLES/INFORMATION SHEETS. N/A
SECTION 3 — MDHA: N/A
SITE VISIT/AFFIDAVIT: See Appendix A
USER ACCESS PROGRAM: See Section 2.0, Paragraph 2.21
WRITTEN WARRANTY: N/A
FOR INFORMATION CONTACT:
Carlos R. Scull at 305-375-1075, or at scut@miamidade.gov
IMPORTANT NOTICE TO BIDDERS:
A small Business Enterprise (SBE) Bid preference applies to this solicitation.
MIAMI-DADE COUNTY
DEPARTMENT OF PROCUREMENT MANAGEMENT
BIDS AND CONTRACTS DIVISION
FAILURE TO COMPLETE THE CERTIFICATION REGARDING LOCAL PREFERENCE
ON PAGE 26 OF SECTION 4, 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
MIAMF�
COUN
TY
MIAMI-DADE COUNTY, FLORIDA
INVITATION TO BID
Bid Number: 0245-4/10-OTR
Title:
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS,
FURNISH AND/OR INSTALL FOR VARIOUS MIAMI-DADE COUNTY DEPARTMENTS
FOR A PERIODOF ONE (I) YEAR WITH COUNTY OPTION TO RENEW FOR FOUR (4)
ADDITIONAL YEARS ON A YEAR BY YEAR BASIS
Sr. Procurement Contracting Agent: Carlos R. Scull
Phone: 305-375-1075; Fax: 305-375-4407; e-mail: scul@miamidade.gov
Bids will be accepted until 2:00 p.m. on August 3, 2005
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.: 0245-4/10-OTR
SECTION 1
GENERAL TERMS AND CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
1.1. DEFINITIONS
Bid - shall refer to any offer(s) submitted in response to this solicitation.
Bidder - shall refer to anyone submitting a Bid in response to this
solicitation.
Bid Sollettatiou - shall mean this solicitation documentation, including
any and all addenda.
Bid Submittal Form - defines the requirement 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.
Comity - 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 Business Entity Registration Application and has satisfied
all requirements to enter in to business agreements with the County.
For additional information about on -One vendor enrollment or
vendor regietratlon contact the Vendor Assistance Unit at 111 N.W.
1' Street, 13n Floor, Mimi, FL 33128, Phone 305.375-5773.
EFFECTIVE JULY 1, 2002, vendors will be able to enroll and
register online by visiting ow web site at litte://miamidade.eov and
click on "B".
1.2. INSTRUCTIONS TO BIDDERS
A. Bidder Qaatlfeation
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 list for selected categories of goods and services. To be eligible
for award of a contract (including small purchase orders), Bidders must
consplete 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 Center at 305-375-5287. The
Comity endeavors to obtain the participation of all qualified minority
and disadvantaged business enterprises. For information and to apply for
certification, contact the Department. of Business Development, at 111
N.W. I Street, 19a Floor, Miami, FL 33128-1844, or telephone at 305-
375-3111. 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 Registration
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 Business Entity Registration Application must be returned to the
Department of Procurement Management (DPM), Bids and Contracts
Division within Fourteen (14) days of notification of the intent to
recommend for award. In the event the Miami -Dade County Business
Entity Registration Application is not properly completed and rehrrned
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 website at htto://miamidade.aov 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 confirms its knowledge of and comnvtmeni 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 Fonts - 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 Ad (A.D.A.) Affidavit - It is the
policy of the County to comply with all requirements of County
Resolution R182-00 and the A.D.A.
7. Collection of Fees, Taxes and Policing Tidcets Affidavit - pursuant
to Section 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) of the 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. Debarment Disclosure Affidavit - pursuant to County Code 10-38.
11. Office of the Inspector General Pursuant 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 2-11.1(bx8) of the County Code.
14. Nondiscrimination pursuant to Section 2-8.1.5 of the County Code.
15. Family Leave - Pursuant to Section 11 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 11 A-60 of the County Code.
1& 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 of a contract, flans wishing to do business with
the County must comply with the following:
Pursuant to Section 287.133(2Xa) of the Florida Statutes, a person or
affiliate who has been placed on the convicted vendor lid following a
conviction for a public entity crime may not submit a Bid on a contract
to provide any goods or services to a public entity, may not submit a Bid
on a contract with a public entity for the construction or repair of a
public building or public work, may not submit Bids on leases of real
propeaty to a public entity, may not be awarded or perform wont 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 tender 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 inquiries 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 requester must also file a copy of this
written request with the Clerk of the Board, 111 NW 1' Street, 171'
Floor, suite 202, Miami, Florida 33128-1983 or email
clerkhccr miamidade.gov.
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 tents, provisions
-I-
Revised 01/141/05
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 1
GENERAL TERMS AND CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
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. It is the Bidder's responsibility to ensure receipt of all addenda,
and any accompanying documentation, The Bidder is required to
submit with is Bid a signed "Acknowledgment of Addenda" form,
when any addenda have been issued
E. Contents of Sid Solicitation and Bidders' Responsibilities
1. h 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 Statutes.
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 reloading aiding this solicitation to file the appropriate
form with the Clerk of the Board stating that a particular
Lobbyist is authorized to represent the Bidder/Proposer. The
Bidder/Proposer shall also file a farm with the Clerk of the Board
at the point in time at 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. Chanute or Withdrawal of Bids
1. Changes to Bid - Prior 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
all information as required for submitting the original Bid. No
changes to a Bid will be accepted after the Bid has 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 after the Bid has been opened and prior to award, by
submitting a letter to the contact person identified on the front
cover of this Bid Solicitation. The withdrawal letter must be on
company letterhead and signed by an authorized agent of the
Bidder.
G. Conflicts Within The Bid SoScffatlon
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.
a.
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 at
which payment shall be due from the County or the Public Health
Trust chart be forty-five (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 (l%)
per month on the unpaid balance. Further, proceedings to resolve
disputes for payment of obligations shall be concluded by final
written decision of the County Manager, or his or her designee(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 in 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.
13. PREPARATION OF BIDS
A. The Bid submittal form defines requirements of items to be
purchased, and must be completed and submitted with the Bid. Use
of any otter form 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 firm. FAILURE TO SIGN THE BID SUBMITTAL
FORM SHALL RENDER THE BID NON -RESPONSIVE.
D. The Bidder may be considered non -responsive if bids are
conditioned to modifications, changes, or revisions to the terms
and conditions of -this solicitation.
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 on 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.
1.4. CANCELLATION OF BID SOLICITATION
Miami -Dade County reserves the right to cancel, in whole or in part, any
Invitation to Bid when it is in the best interest of the County.
1.S. AWARD OF BID SOLICITATION
A. This Bid may be awarded to the responsible Bidder meeting alt
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 best interest. The County shall be the
sole judge of its beat interest.
B. When there are multiple line items in a solicitation, the County
reserves the right to award on an 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
detenuined 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 Miami -
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 contracts shall be taken into account in evaluating the Bid
received for this Bid Solicitation.
G. To obtain a copy of the Bid tabulation, Bidder(s) shall enclose an
-II-
Revised 01/14//05
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 1
GENERAL TERMS AND CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
appropriately sized self-addressed stamped envelope. Bid results
will not be given by telephone or facsimile. Please allow ten (10)
calendar days after Bid opening for mailing.
H. The Bid Solicitation, any addenda and/or properly executed
modifications, the purchase order, and any change order(s) shall
constitute the contract.
L In accordance with Resolution R-1574-88 the Director of Bids and
Contracts Division will 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 (180) calendar days beyond
the current contract 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 warranties, 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
mamnfarV rer's standard warranty.
1.g. 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 government, 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 not obligated to place any order for the given amount
subsequent to the award of this Bid Solicitation.
1.9. NON -EXCLUSIVITY
It 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
state law, or any other funding source requirements, provides that
preference be given to local businesses. A local business 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 requirement, the vendor shall affirm in writing its
compliance with either of the following objective ctiteria as
of the bid or proposal submission date stated in the
solicitations
(a) vendor has at least ten (10) permanent full time
employees, or part time employees equivalent to 10
FTE (" ull-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 County's tax 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 well-being of Miami -
Dade County.
ty.
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.
(b)
At this time, there is an interlocal agreement in effect between Miami -
Dade and Broward 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 wort 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. BID PROTEST
A. A recommendation for contract award or rejection of award may
be protested by a Bidder in accordance with the procedures
contained in Sections 2-83 and 2-8.4 of the County Code, as
amended, and as established in Administrative Order No.3-21.
B. To initiate a Bid protest, the protester shall 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:
Award Amount Fihet Fee
825,000-$100,000 $500
$100,001-$500,000 $1,000
5500,001-$5 million $3,000.
Over $5 million $5,000
In the event a Bidder wishes to protest any part of the General
Conditions, Special Conditions and/or Technical Specifications
contained in the Bid Solicitation it most 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 entailed) to each competing Bidder
Revised 01/14//05
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 1
GENERAL TERMS AND CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
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 ten (10) working days of tbe 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 $25,000 to $100,000 the
following shall apply:
Each Monday, in the lobby of the Stephen P. Clark Center,
located at 111 N.W. la Street, award recommendations are
posted. Participants may also call the Awards Line at 305-375-
4724, or 800-510-4724, 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 10 provide the goods and/or services specified in this Bid
Solicitation The Bidder shall be familiar with all federal, state and local
laws that may 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 Canty. 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 default. When
Subcontracting is allowed the Bidder shall comply with Cody
Resolution No. 1634-93, Section 10-34 of the County Code and County
Ordinance No. 97-35.
1.16. ASSIGNMENT
The successful Bidder shall not assign, transfer, hypothecate, or
otherwise dispose of this contract, including any rights, title or interest
therein, or its power to execute such contract to any person, company or
corporation without the prior written consent of the County.
1.17. DELIVERY
Unless otherwise speed in the Bid Solicitation, prices quoted shall be
F.O.B. Destination. Freight shall be included in the proposed price.
1.18. RESPONSIBILITY AS EMPLOYER
The employee(s) of the successful Bidder shall be considered to be at all
times its employee(.), and not an employee(s) or agent(s) of the County
or any of its departments. The successful Bidder shall provide
competed 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 shall wear proper identification.
1.19. INDEMNIFICATION
The successful Bidder shall indemnify and hold harmless the County
and its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorney's fees and costs of
defense, which the County or its officers, employees, agents or
nslnrmmtalities may incur as a result of claims, demands, suits, rancns
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 more related parties, as defined herein, each submit a
Bid for any contract, 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, firms, 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 been 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 be modified by mutual consent in writing through the
issuance of a modification to the contract, purchase order, change ceder
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 insured by the successful Bidder prim 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
termination for default, the County may procure the required goods
' and/or services from any source and use any method deemed in its best
interest. All re -procurement cost shall be bane by the successful
Bidder.
1.24. FRAUD AND MISREPRESENTATION
Pursuant to Section 2-8.1.4 of the Miami -Dade County Code, any
individual, corporation or other entity that attempts to meet 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 further 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. ACt:lr.SS 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
County'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 01/14//05
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION I
GENERAL TERMS AND CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
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 Office of the Inspector General,
which is authorized and empowered to review past, present, and
proposed County and Public Health Trust programs, contracts,
transactions, accounts, records and programs. The Inspector General
(IG) 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 (1)
percent of the contract price, except as otherwise provided in Section 2-
1076(c)(8) of the County Code.
117 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 part of 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 Record 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 shall be deemed conclusively to be a waiver of any trade
secret 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 information 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 health 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. }IIPAA 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 contract 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 UHUPHI
will be held confidential;
5. Making Protected Health Information (PHI) available to the
customer,
6. Making PHI available to the customer for review and
amendment; and incorporating any amendments requested
by the customer,
7. Making PHI available to 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.
PHI 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.
130. CHARTER COUNTY T'RANSIT 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 Transit/Public Works as part of a
multi -department contract, nor an award of a contact 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 Trust (CITY) has approved
inclusion of Transit/Public Works in this contract, or, ii) in response to
the CTCPs disapproval, the County Commission reaffirms Transit/Public
Work's inclusion in the contract by two-thirds (2/3) vote of the
Commission's membership and such reallamatioa becomes final.
131 LOBBYIST CONTINGENCY FEES
A) In accordance with Section 2-11.1(s) 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 fee to another person. No
person may, in whole or in part, receive or agree to receive a
contingency fee.
B) 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 ie.. 1umeudation 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.
132 COMMISSION AUDITOR — ACCESS TO RECORDS
Pursuant to Ordinance No. 03-2, all vendors receiving an award of the
contract resulting front this solicitation will grant access to the
Commission Auditor to all financial and performance related records,
property, and equipment purchased in whole or in part with government
finds.
-V-
Revised 01/14//05
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
2.1 PURPOSE: TO ESTABLISH A CONTRACT FOR THE COUNTY
The purpose of this solicitation is to establish a contract for the purchase of furnishing
and/or installing of metal shelves, racks, bin, storage units, cabinets and related shop
items 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. An 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 on the first calendar day of the month succeeding 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 YEARS (Maintain Same
Discounts from manufacturer's published price list)
Dade County shall have the option to renew this contract for an additional four (4) years,
provided the vendor will maintain the original contract discount(s) from manufacturer's
published price list(s). Continuation of the contract beyond the initial period is a County
prerogative, and not a right of the bidder. This prerogative may be exercised only when
such continuation is clearly in the best interest of the County.
1
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
Should the vendor decline the County's right to exercise the option period, the County
will consider the vendor in default which decision shall affect that vendor's eligibility for
future contracts
2.6 METHOD OF AWARD: TO ONE VENDOR PER LINE ITEM WITH THE
HIGHEST PERCENTAGE DISCOUNT OFF MANUFACTURERS' PRICE LISTS
OR THE LOWEST MARK-UP (Manufacturers) - (Exclusive of Options)
Award of this contract will be made to the bidder who offers the highest percentage
discount off manufacturers' most recent published price lists or the lowest mark-up per
line items (manufacturers). These manufacturers' most recent published price lists must
be common to, and accepted by, the industry in general and not edited specifically for
Miami -Dade County.
The successful bidders may submit the manufacturer's most recent published price lists
with the bid proposals in order to be considered eligible for award. These manufacturers'
most recent published price lists may be requested during the award evaluation period.
Upon award of this contract, the successful bidders should supply Miami -Dade County
User Departments with sets of their current year manufacturers' price lists or catalogs at
no cost to the County.
The successful bidders must submit a letter with the manufacturer's letterhead from each
manufacturer that the successful bidder(s) will represent in this contract, stating that the
successful bidder is an authorized representative of the manufacturer's product line. The
bid will be considered non -responsive if this requirement is not met.
The County reserves the right to add or delete manufacturers / vendors, during the term of
this contract, as it deems necessary and in the best interests of the County.
2.7 Intentionally Omitted
2.8 Intentionally Omitted
2.9 Intentionally Omitted
2.10 Intentionally Omitted
2
MIAMI-DADE COUNTY
BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
2.11 INDEMNIFICATION AND INSURANCE (1) - GENERAL SERVICE AND
MAINTENANCE CONTRACT
INSURANCE IS REQUIRED ONLY IF THE BIDDER CHOOSES TO PERFORM
INSTALLATION. The Project Manager or County Representative will request proof of the
required insurance before using the vendor for installation. The Project Manager or County
Representative is responsible to submit the insurance certificate to GSA/Risk Management for
their final approval.
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, Administration Division, 111 NW 1st Street, Suite 1300, Miami, Florida 33128,
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. Public Liability Insurance on a comprehensive basis 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.
3
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS. CABINETS AND RELATED SHOP ITEMS
or
The company must hold a valid Florida Certificate of Authority as shown
in the latest "List of All Insurance Companies Authorized or Approved to
Do Business in Florida" issued by the State of Florida Department of
Insurance and are members of the Florida Guaranty Fund. Certificates will
indicate no modification or change in insurance shall be made without thirty (30)
days 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 1.24 of the General Terms and Conditions.
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 1.24 of this solicitation.
4
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
Department of Procurement Management
Purchasing Division
111 NW lst 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 INVOICES FOR COMPLETED
PURCHASES
The vendor(s) shall submit an invoice(s) to the County user department(s) after purchase
has been completed, whether the specific item(s) were picked up by authorized County
personnel or delivered to the site by the vendor. In addition to the general invoice
requirements set forth below, the invoices shall reference the corresponding delivery
ticket number or packing slip number that was signed by an authorized representative of
the County user department at the time the items were delivered and accepted. Submittal
of these periodic invoices shall not exceed thirty (30) calendar days from the delivery of
the items. Under no circumstances shall the invoices be submitted to the County in
advance of the delivery and acceptance of the items.
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
IL County Information:
• Miami -Dade County Release Purchase Order or Small Purchase Order
Number
III. Pricing Information:
• Unit price of the goods, services or property provided
• Extended total price of the goods, services or property
5
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS. BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
• 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
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 location within Miami -Dade County.
2.17 DELIVERY SHALL BE FIFTEEN (15) DAYS AFTER DATE OF ORDER
The vendor shall make deliveries within fifteen (15) calendar days after the date of the
order. All deliveries shall be made in accordance with good commercial practice and all
required delivery timeframes shall be adhered to by the vendor(s); except in such cases
where the delivery will be delayed due to acts of God, strikes, or other causes beyond the
control of the vendor. In these cases, the vendor shall notify the County of the delays in
advance of the original delivery date so that a revised delivery schedule can be
appropriately considered by the County.
Should the vendor(s) to whom the contract(s) is awarded fail to deliver in the number of
days stated above, the County reserves the right to cancel the contract on a default basis
after any back order period that has been specified in this contract has lapsed. If the
contract is so terminated, it is hereby understood and agreed that the County has the
authority to purchase the goods elsewhere and to charge the incumbent vendor with any
re -procurement costs. If the vendor fails to honor these re -procurement costs, the County
may terminate the contract for default.
Certain County employees may be authorized in writing to pick-up materials under this
contract. Vendors shall require presentation of this written authorization. The vendor
shall maintain a copy of the authorization. If the vendor is in doubt about any aspect of
material pick-up, vendor shall contact the appropriate user department to confirm the
authorization.
2.18 Intentionally Omitted
6
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
2.19 Intentionally Omitted
2.20 CONTACT PERSON
For any additional information regarding the terms and conditions of this solicitation and
resultant contract, contact: Carlos R. Scull, at (305) 375-1075, Fax: 305-375-4407; email:
scul@iniamidade.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
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.
7
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS. BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
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, Termination for
Default of this contract solicitation and the resulting contract.
2.22 ACCIDENT PREVENTION AND BARRICADES
Precautions shall be exercised at all times for the protection of persons and property. All
vendors performing services under this contract shall conform to all relevant OSHA,
State and County regulations during the course of such effort. Any fines levied by the
above mentioned authorities for failure to comply with these requirements shall be borne
solely by the responsible vendor. Barricades shall be provided by the vendor when work
is performed in areas traversed by persons, or when deemed necessary by the County
Project Manager.
2.23 CLEAN-UP
All unusable materials and debris shall be removed from the premises at the end of each
workday, and disposed of in an appropriate manner. Upon final completion, the vendor
shall thoroughly clean up all areas where work has been involved as mutually agreed with
the associated user department's project manager.
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 DEFICIENCIES IN WORK TO BE CORRECTED BY THE VENDOR
The vendor shall promptly correct all apparent and latent 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
8
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
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.
2.26 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.
2.27 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 County'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.
2.28 BACK ORDER DELAYS IN DELIVERY SHALL NOT BE ALLOWED
The County shall not allow any late deliveries attributed to product back order situations
under this contract. Accordingly, the vendor is required to deliver all items to the County
within the time specified in this solicitation and resultant contract; and no grace period on
account of back order situations shall be honored, unless written authorization is issued
by the user department, and a new delivery date is mutually established. In the event that
the vendor fails to deliver the products within the time specified, the County reserves the
right to cancel the order, seek the items from another vendor, and charge the incumbent
vendor for any re -procurement costs. If the vendor fails to honor these re -procurement
costs, the County may terminate the contract for default.
9
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
2.29 FEDERAL PROVISIONS PERTAINING MIAMI-DADE TRANSIT AGENCY
AND PUBLIC WORKS DEPARTMENT
This Procurement is subject to a financial assistance contract between Miami -Dade
County (MDC) and the U.S. Department of Transportation (DOT). By reason of
such participation, the Bidder (the terms "Vendor, Bidder", "Proposer", "Contractor"
and "Offeror" are used interchangeably) is required to agree to the following
provisions:
No Government Obligation to Third Parties
The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of
the underlying contract, absent the express written consent by the Federal
Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other
party (whether or not a party to that contract) pertaining to any matter resulting from
the underlying contract.
The Contractor agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that
the clause shall not be modified, except to identify the subcontractor who will be
subject to its provisions.
Incorporation of Federal Transit Administration (FTA) Terms
The general contract provisions include, in part, certain Standard Terms and
Conditions required by DOT, whether or not expressly set forth in the contract
provisions. All contractual provisions required by DOT, as set forth in FTA Circular
4220.1D, dated April 15, 1996, are hereby incorporated by reference. Anything to
the contrary herein notwithstanding, all FTA mandated terms shall be deemed to
control in the event of a conflict with other provisions contained in this Agreement.
The Contractor shall not perform any act, fail to perform any act, or refuse to comply
with any MDC requests, which would cause MDC to be in violation of the FTA
terms and conditions.
Federal Changes
Contractor shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation, those listed directly or by
reference in the Agreement (Form FTA MA (2) dated October, 1998) between
Purchaser and FTA, as they may be amended or promulgated from time to time
during the term of this contract. Contractor's failure to so comply shall constitute a
material breach of this contract.
10
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS. CABINETS AND RELATED SHOP ITEMS
Interest of Members of, or Delegates to, Congress:
No member of, or delegates to, the Congress of the United States shall be admitted to
any share or part of this contract or to any benefit arising there from (41 U.S.C. 22).
Conflict of Interest:
No employee, officer, or agent of MDC shall participate in selection, or in the award
or administration of a contract if a conflict of interest, real or apparent, would be
involved. Such a conflict would arise when:
a. The employee, officer or agent;
b. Any member of his immediate family;
c. His or her partner; or
d. An organization, which employs, or is about to employ any of the
above, has a financial or other interest in the firm selected for award.
MDC's officers, employees or agents shall neither solicit nor accept gratuities, favors
or anything of monetary value from contracts, potential contractors, or parties of
subcontracts.
Program Fraud and False or Fraudulent Statements and Related Acts
The Contractor acknowledges that the provisions of the Program Fraud Civil
Remedies Act of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT
regulations, "Program Fraud Civil Remedies", 49 C.F.R. Part 31, apply to its actions
pertaining to this project. Upon execution of the underlying contract, the Contractor
certifies or affirms the truthfulness and accuracy of any statement it has made, it
makes, it may make or causes to be made, pertaining to the underlying contract or
the FTA assisted project for which this contract work is being performed. In
addition to other penalties that may be applicable, the Contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, the penalties of the Program Fraud Civil Remedies Act
of 1986 on the Contractor to the extent the Federal Government deems appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49
U.S.C. 5307, the Government reserves the right to impose the penalties of 18U.S.C.
1001 and 49 U.S.C. 5307(n)(1) on the Contractor, to the extent the Federal
Government deems appropriate.
11
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS. BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
The Contractor agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that
the clauses shall not be modified, except to identify the subcontractor who will be
subject to the provisions.
Audit and Inspection of Records:
The Contractor agrees that MDC, the Comptroller General of the United States, or
any of their duly authorized representatives, shall, for the purpose of audit and
examination be permitted to inspect all work, materials, payrolls, and other data and
records with regard to the project, and to audit the books, records, and accounts with
regard to the project. Further, Contractor agrees to maintain all required records for
at least three years after MDC make final payments and all other pending matters are
closed.
Energy Conservation:
Contractor agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the State energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (42 U.S.C. Section 6321 et
seq.).
Recycled Products/Recovered Materials
The contractor agrees to comply with all the requirements of Section 6002 of the
Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962),
including but not limited to the regulatory provisions of 40 CFR Part 247, and
Executive Order 12873, as they apply to the procurement of the items designated in
Subpart B of 40 CFR Part 247.
Clean Water
The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq. The Contractor agrees to report each violation to the Purchaser and
understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office. The
Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA.
Clean Air
The contractor agrees to comply with all applicable standards, orders or requirements
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. The
12
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
Contractor agrees to report each violation to the Purchaser and understands and
agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office. The Contractor also
agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
Cargo Preference
The Contractor agrees:
1. To use privately owned United States -Flag commercial vessels to ship at
least 50 percent of the gross tonnage (computed separately for dry bulk
carriers, dry cargo liners, and tankers) involved, whenever shipping any
equipment, materials or commodities pursuant to the underlying contract to
the extent such vessels are available at fair and reasonable rates for United
States -Flag commercial vessels.
2. To furnish within twenty (20) days following the date of loading for
shipments originating within the United States, or within thirty (30) days
following the date of loading for shipment originating outside the United
States, a legible copy of a rated "on -board" commercial ocean bill -of -lading
in English for each shipment of Cargo described in the preceding paragraph
to the Division of National Cargo, Office of Market Development, Maritime
Administration, 400 Seventh Street S.W., Washington, D.C. 20590, marked
with appropriate identification of the Project, and to MDC (through the prime
Contractor in the case of sub -contracts bill -of -lading).
Buy America
This procurement is subject to the Federal Transit Administration Buy America
Requirements in 49 U.S.C. 5323 (j) (1), Section 165 (a) of the Surface
Transportation Assistance Act of 1982, as amended, and the applicable regulations
on 49 CFR Part 661. Section 165 (a) of the Surface Transportation Act of 1982
permits FTA participation on this contract only if steel, iron and manufactured
products used in the manufacture of the goods.
A Buy America Certificate, in the format attached hereto as Exhibit FED-BY1 must
be completed and submitted with the bid. A bid, which does not include this
certificate, will be considered non -responsive.
Fly America Requirements
The contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in
accordance with the General Services Administration's regulations at 41 CFR Part
13
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL, CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
301-10, which provides that the recipients and sub recipients of Federal funds and
their contractors are required to use U.S. Flag air carriers for U.S. Government -
financed international air travel and transportation of their personal effects or
property, to the extend such service is available, unless travel by foreign air carrier is
a matter of necessity, ad defined by the Fly America Act. The Contractor shall
submit, if a foreign air carrier was used, an appropriate certification or memorandum
adequately explaining why service by a U.S. flag air carrier was not available or why
it was necessary to use a foreign air carrier and shall, in any event, provide a
certificate of compliance with the Fly America requirements. The Contractor agrees
to include the requirements of this section in all subcontracts that may involve
international air transportation.
Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Lower Tier Covered Transactions (Third Party Contracts)
Instructions for Certification
1. By signing and submitting this bid or proposal, the prospective lower tier
participant is providing the signed certification set out in "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower tier
Covered Transaction" in Exhibit FED-DB 1.
2. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later
determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
Government, MDC may pursue available remedies, including suspension and/or
debarment.
3. The prospective lower tier participant shall provide immediate written notice to
MDC if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason
of changed circumstances.
The terms "covered transaction," "debarred," "suspended," "ineligible," " lower
tier covered transaction," "participant," "persons," "principal," "proposal," and
"voluntarily excluded," as Coverage sections or rules implementing Executive
Order 121549 [49 CFR Part 29]. You may contact MDC for assistance in
obtaining a copy of these regulations.
5. The prospective lower tier participant agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is debarred,
14
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized in writing by MDC.
6. The prospective lower tier participant further agrees by submitting this proposal
that it will include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered
Transaction", and the certification form, without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant may decide the method
and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the Nonprocurement List issued by
U.S. General Service Administration.
8. Nothing contained in the foregoing shall be construed to require establishment of
system of records in order to render in good faith the certification required by
this clause. The knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to all remedies
available to the Federal Government, MDC may pursue available remedies
including suspension and/or debarment.
Lobbying Certification and Disclosure Statements:
In accordance with 31 U.S.C. 1352, and U.S. DOT regulations, "New Restrictions on
Lobbying," 49 C.F.R. Part 20, the Contractor must have provided a certification to the
Procuring Agency that the Contractor has not and will not use Federal appropriated funds
to pay any person or organization to influence or attempt to influence an officer or
employee of any Federal department or agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.).
(EXHIBIT FED-LB1)
CLAUSES REQUIRED BY THE FEDERAL TRANSIT ADMINISTRATION
15
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
NOTE: All MDT contracts and subcontracts are funded in whole or in part by
FTA/DOT and each contract MDT signs with a contractor [and each subcontract
the prime contractor signs with a subcontractor] must and will include the
following assurance and clauses at a minimum:
DISCRIMINATION PROHIBITED
The Contractor, sub recipient or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall
carry out applicable requirements of 49 CFR part 26 in the award and administration of
DOT assisted contracts. Failure by the contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or
any other remedy as MDT deems appropriate. (49 CFR Part 26.13(b))
NONDISCRIMINATION (GENERAL)
The proposer/bidder will comply with all regulations of the U. S. Department of
Transportation, all applicable provisions of the Civil Rights act of 1964, Executive Order
11246 of September 24, 1964 as amended by Executive Order 11375 Executive Order
11625 of October 13, 1971, the Age Discrimination in Employment Act effective June
12, 1968, the rules regulations and relevant orders of the Secretary of Labor, Chapter 760
(Florida Civil Rights Act of 1992, as amended); Dade County Ordinance 75-46 and
Articles 3 and 4 of Chapter 11 a of the Code of Metropolitan Dade County which prohibit
discrimination because of race, sex, color, national origin, religion, age, disability,
ancestry, marital status, pregnancy, sexual orientation, or veteran's status of any
individual.
EQUAL EMPLOYMENT OPPORTUNITY
In connection with the execution of this contract, the contractor shall not discriminate
against any employee or applicant for employment because of race, religion, color, sex,
age, disability, ancestry, marital status, pregnancy, sexual orientation, veteran's status, or
national origin. The contractor shall take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, religion, color, sex, age, disability, ancestry, marital status, pregnancy, sexual
orientation, veteran's status, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, promotion, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeships. Contractor further
agrees to insert a similar provision in all subcontracts, except subcontracts for standard
commercial supplies or raw materials. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by
MDC setting forth the provisions of this Equal Opportunity clause.
16
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
DISABILITY NONDISCRIMINATION
It is hereby declared to be the national policy that elderly persons and persons with
disabilities have the same right as other persons to utilize mass transportation and
services; that special efforts shall be made in the planning and design of mass
transportation facilities and services so that the availability to elderly persons and persons
with disabilities of mass transportation which they can effectively utilize will be assured;
and that all Federal programs offering assistance in the field of mass transportation
(including the programs under this chapter) should contain provisions implementing this
policy. (49 U.S.C. Part 53014d].) Further, each contractor agrees to insert a similar
provision and requirement in each subcontract it awards in the conduct of this project or
contract.
TITLE VI COMPLIANCE (CIVIL RIGHTS ACT OF 1964)
During the performance of this contract, the contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "contractor"), agrees as follows:
(1) Compliance with Regulations: The contractor shall comply with the Regulations
relative to nondiscrimination in federally -assisted programs of the Department of
Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this
contract.
(2) Nondiscrimination: The contractor, with regard to the work performed by it
during the contract, shall not discriminate on the grounds of race, religion, color,
sex, age, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor
shall not participate either directly or indirectly in the discrimination prohibited
by Section 21.5 of the Regulations, including employment practices when the
contract covers a program set forth in Appendix B of the Regulations.
(3)
Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made
by the contractor for work to be performed under a subcontract, including
procurements of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's obligations under
this contract and the Regulations relative to nondiscrimination on the grounds of
race, religion, color, sex, age, or national origin.
(4) Information and Reports: The contractor shall provide all information and reports
required by the regulations or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information and its
17
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
(5)
facilities as may be determined by Miami Dade County or the Federal Transit
Administration (FTA) to be pertinent to ascertain compliance with such
regulations, orders and instructions. Where any information required from a
contractor is in the exclusive possession of another who fails or refuses to furnish
this information, the contractor shall so certify to Miami Dade County, or to the
Federal Transit Administration as appropriate, and shall set forth what efforts it
has made to obtain the information.
Sanctions for Noncompliance: In the event of the contractor's noncompliance
with the nondiscrimination provisions of this contract, Miami Dade County shall
impose such contract sanctions as it or the Federal Transit Administration may
determine to be appropriate, including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the
contractor complies, and/or
(b) Cancellation, termination or suspension of the contract, in whole or in
part.
(6) Incorporation of Provisions: The contractor shall include the provisions of
paragraph (1) through (6) of this section in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The contractor shall take such
action with respect to any subcontract or procurements as Miami Dade County or
the Federal Transit Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance: Provided, however, that, in
the event a contractor becomes involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction, the contractor may request
Miami Dade County to enter into such litigation to protect the interests of Miami
Dade County, and, in addition, the contractor may request the services of the
Attorney General in such litigation to protect the interests of the United States.
SMALL BUSINESS CONCERN
A Small Business Concern, with respect to firms seeking to participate as DBEs in DOT -
assisted contracts, is defined in Section 3 of the Small Business Act and in Small
Business Administration regulations implementing the Act (13 CFR Part 121).
Additionally, a small business concern cannot exceed the cap on average annual gross
receipts specified in 49 CFR 26.65(b).
PROMPT PAYMENT
MDT will pay small businesses, including DBEs, and prime contractors will pay
subcontractors, including DBES, for satisfactory performance of their contracts no later
than 30 days after a proper invoice has been received. The prime contractor will return
18
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 2
SPECIAL CONDITIONS
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
retainage payments to the subcontractor, including DBEs, within 30 days of the
subcontractor's satisfactory completion of work. The prompt payment ordinance and
MDT contracting procedures provide for appropriate penalties for failure to comply with
the terms and conditions of MDT contracts. Any delay or postponement of payment
among or between the parties may take place only for good cause and with MDT's prior
written approval. (49 CFR 26; 13 CFR 121; Florida Law, Chapter 218, Part VII, Prompt
Payment Act; Miami Dade County Prompt Payment Ordinance No. 94-40)
19
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 3
TECHNICAL SPECIFICATIONS
SYSTEMS FURNITURE SERVICES
3.1 SCOPE
Furnish and/or install various Shelves (Metal), Racks, Bin Storage Units, Cabinets and
Related Shop Items for various Dade County Departments.
3.2 MANUFACTURERS USED BY VARIOUS DEPARTMENTS
1. Adapto Steel Products
2. American Locker Security System
3. Camex Equipment and Supplies
4. Hallowell (SPS Technologies)
5. Intermetro Industries Corporation
6. Isles Industries
7. Par Steel Shelving Company
8. Kardex Systems, Inc.
9. Penco
10. Lyon Metal Products
11. Prest Storage Rack
12. Republic Storage Systems Company
13. International Storage Systems (ISS)
14. Adapto Products for Industry
15. Lista
16. Tennsco
17. Akro Mils
18. Geargrid
3.3 OTHER MANUFACTURERS
Other manufacturers not listed in paragraph 3.2 may be submitted per Section 4.0, Option
B, page 23.
20
Submit Bid To:
CLERK OF THE BOARD
Stephen P. Clark Center
111 NW lst Street
17th Floor, Suite 202
Miami, Florida 33128-1983
OPENING: 2:00 P.M.
WEDNESDAY
AUGUST 3, 2005
INVITATION TO BID
SECTION 4
BID SUBMITTAL FORM
PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN
MIAMI-DADE COUNTY, FLORIDA
NOTE: Miami -Dade County is exempt from all taxes (Federal, State, Local). Bid price should be less all
taxes. Tax Exemption Certificate furnished upon request.
Issued by:
CRS
DPM Date Issued: This Bid. Submittal Consists of
Purchasing Division 02/28/2005 Pages 21 through 26
Sealed bids subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid
Submittal. Such other contract provisions, specifications, drawings or other data as are attached or
incorporated by reference in the Bid Submittal, will be received at the office of DPM, Bids and Contracts
Division, Vendor Assistance section at the address shown above until the above stated time and date, and
at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid
Submittal Requirement.
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS, FURNISH AND/OR
INSTALL FOR VARIOUS MIAMI-DADE COUNTY DEPARTMENTS FOR A PERIOD OF ONE (I) YEAR WITH COUNTY
OPTION TO RENEW FOR FOUR (4) ADDITIONAL YEARS ON A YEAR BY YEAR BASIS
A Bid Deposit in the amount of N/A of the total amount of the bid shall accompany all bids
A Performance Bond in the amount of N/A of the total amount of the bid will be required upon execution
of the contract by the successful bidder and Miami -Dade County
DO NOT WRITE IN THIS SPACE
ACCEPTED
NON -RESPONSIVE
DATE B.C.C.
ITEM NOS. ACCEPTED
HIGHER THAN LOW
UNRESPONSIBLE
NO BID
COMMODITY CODE: 450-09
Sr. Procurement Contracting Agent: Carlos R. Scull
FIRM NAME:
RETURN THREE COPIES OF BID SUBMITTAL PAGES ONLY
FAILURE TO COMPLETE THE CERTIFICATION REGARDING LOCAL PREFERENCE ON PAGE 26 OF
SECTION 4, 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
21
Revised 01/05
MIAMI-DADE COUNTY
BID NO.: 0245-4/10-OTR
BID SUBMITTAL FOR:
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
FIRM NAME:
ITEMS MANUFACTURERS
DISCOUNT OFF or MARK-UP
1. Adapto Steel Products Discount % Mark -Up
2. American Locker Security Discount % Mark -Up %
System
3. Camex Equipment and Discount % Mark -Up %
Supplies
4. Hallowell (SPS Discount % Mark -Up % Dated
Technologies)
5. Intermetro Industries Corp. Discount % Mark -Up % Dated
6. Isles Industries Discount % Mark -Up % Dated
7. Par Steel Shelving Discount % Mark -Up % Dated
Company
8. Kardex Systems, Inc. Discount % Mark -Up % Dated
9. Penco Discount % Mark -Up % Dated
10. Lyon Metal Products Discount % Mark -Up % Dated
11. Prest Storage Rack Discount % Mark -Up % Dated
12. Republic Storage Discount % Mark -Up % Dated
PRICE LIST NO.
Systems Company
Dated
Dated
Dated
13. Intemational Storage Discount % Mark -Up % Dated
Systems (ISS)
14. Adapto Products for Industry Discount % Mark -Up % Dated
15. Lista Discount % Mark -Up % Dated
16. Tennsco Discount % Mark -Up % Dated
17. Akro-Mils Discount % Mark -Up % Dated
18. Geargrid Discount % Mark -Up % Dated
DATE
The successful bidder(s) must submit a letter with the manufacturer's letterhead from each manufacturer
that the successful bidder(s) will represent in this contract.
Failure to provide a manufacturer's letter with the bid proposal will render the vendor disqualified to
represent the manufacturer.
22
Revised 01/05
MIAMI-DADE COUNTY
BID NO.: 0245-4/10-OTR
BID SUBMITTAL FOR:
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
FIRM NAME:
ITEMS MANUFACTURERS
DISCOUNT OFF or MARK-UP
OPTION A - INSTALLATION CHARGES
1. Adapto Steel Products $
2. American Locker Security $
3. Camex Equipment and $
4. Hallowell (SPS Technologies) $
5. Intermetro Industries Corp. $
6. Isles Industries $
7. Par Steel Shelving Company $
8. Kardex Systems, Inc. $
9. Penco $
10. Lyon Metal Products $
11. Prest Storage Rack $
12. Republic Storage Systems Company $
13. International Storage Systems (ISS) $
14. Adapto Products for Industry $
15. Lista $
16. Tennsco $
17. Akro-Mils $
18. Geargrid $
PRICE LIST NO.
/ Per Hour
/ Per Hour
/ Per Hour
/ Per Hour
/ Per Hour
/ Per Hour
/ Per Hour
/ Per Hour
/ Per Hour
/ Per Hour
/ Per Hour
/ Per Hour
/ Per Hour
/ Per Hour
/ Per Hour
/ Per Hour
/ Per Hour
/ Per Hour
DATE
IMPORTANT NOTE: Insurance Type 1 (General Services and Maintenance Contract) will be
required from all bidders performing installation. The successful
bidders must submit proof of the required insurance before performing
installation.
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MIAMI-DADE COUNTY
BID NO.: 0245-4/10-OTR
BID SUBMITTAL FOR:
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
FIRM NAME:
ITEMS MANUFACTURERS
DISCOUNT OFF or MARK-UP
PRICE LIST NO. DATE
OPTION B
ADDITIONAL MANUFACTURERS NOT LISTED IN THIS SOLICITATION
MANUFACTURERS DISCOUNT OFF or MARK-UP PRICE LIST NO. DATE
1.
2.
3.
Discount % Mark -Up
Discount % Mark -Up
Dated
Dated
Discount % Mark -Up % Dated
4. Discount % Mark -Up _
Dated
5. Discount % Mark -Up % Dated
6. Discount % Mark -Up % Dated
7. Discount % Mark -Up % Dated
8. Discount % Mark -Up % Dated
9. Discount % Mark -Up % Dated
10. Discount % Mark -Up % Dated
24
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MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
SECTION 4
BID SUBMITTAL FOR:
SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I:
LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN
CONNECTION WITH THIS BID
Addendum #1, Dated
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
PART II:
❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
FIRM NAME:
AUTHORIZED SIGNATURE: DATE:
TITLE OF OFFICER:
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Revised 01/05
MIAMI-DADE COUNTY BID NO.: 0245-4/10-OTR
MIAMF,
COUNTY
BID SUBMITTAL FORM
Bid Title: SHELVES (METAL) RACKS, BIN STORAGE UNITS, CABINETS AND RELATED SHOP ITEMS
By signing this Bid Submittal Form the Bidder certifies that it satisfies all legal requirements (as an entity) to do business with the County, including all
Conflict of Interest and Code of Ethics provisions in Section 2-11 of the Miami -Dade County Code. Any County employee or member of his or her immediate
family seeking to contract with the County shall seek a conflict of interest opinion from the Miami -Dade County Ethics Commission prior to submittal of a Bid
response or application of any type to contract with the County by the employee or his or her immediate family and file a copy of that request for opinion and
any opinion or waiver from the Board of County Commissioners with the Clerk of the Board. The affected employee shall file with the Clerk of the Board a
statement in a form satisfactory to the Clerk disclosing the employee's interest or the interest of his or her immediate family in the proposed contract and the
nature of the intended contract at the same time as or before submitting a Bid, response, or application of any type to contract with the County. Also a copy of
the request for a conflict of interest opinion from the Ethics Commission and any corresponding opinion, or any waiver issued by the Board of County
Commissioners, must be submitted with the response to the solicitation.
In accordance with Sec. 2-11.1(s) of the County Code as amended, prior to conducting any lobbying regarding this solicitation, the Bidder must file the
appropriate form with the Clerk of the Board stating that a particular lobbyist is authorized to represent the Bidder. Failure to file the appropriate
form in relation to each solicitation may be considered as evidence that the Bidder is not a responsible contractor.
The Bidder confirms that this Bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Bid for the
same goods and/or services and in all respects is without collusion, and that the Bidder will accept any resultant award. Further, the undersigned acknowledges
that award of a contract is contingent upon vendor registration. Failure to register as a vendor within the specified time may result in your firm not being
considered for award.
Pursuant to Section 2-8.6, any individual, corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been
convicted of a felony during the past ten (10) years shall disclose this information prior to entering into a contract with or receiving funding from the County.
❑ Place a check mark here to affirm compliance with this disclosure requirement.
COUNTY USER ACCESS PROGRAM (UAP): Joint purchase and entity revenue sharing program
For the County's information, the bidder is requested to indicate, at 'A' and `B' below, its general interest in participating in the Joint Purchase Program of the
County User Access Program (UAP) described in Section 2.21 of this contract solicitation, if that section is present in this solicitation document. Vendor
participation in the Joint Purchase portion of the UAP is voluntary and the bidder's expression of general interest at 'A' and `B' below is for the County's
information only and shall not be binding on the bidder.
A. If awarded this County contract, would you be interest in participating in the Joint Purchase portion of the UAP with respect to other governmental,
quasi -governmental or not -for -profit entities located within the geographical boundaries of Miami -Dade County?
Yes No
and
B. If awarded this County contract, would you be interested in participating in the Joint Purchase portion of the UAP with respect to other
governmental, quasi -governmental or not -for -profit entities located outside the geographical boundaries of Miami -Dade County?
Yes No
LOCAL PREFERENCE CERTIFICATION: The responding vendor hereby attests, by checking one of the following blocks, that it is 0, or is not 0, a
local business. For the purpose of this certification, a "local business" is a business located within the limits of Miami -Dade County (or Broward County in
accordance with the Interlocal Agreement between the two counties) that conforms with the provisions of Section 1.10 of the General Terms and Conditions of
this solicitation and contributes to the economic development of the community 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 to the County's tax base. Failure to complete this certification at this
time (by checking the appropriate box above) shall render the vendor ineligible for Local Preference.
Firm Name:
Street Address:
Mailing Address (if different):
Telephone No. Fax No.
Email Address: FEIN No. / - / / / / / /
Prompt Payment Terms: % days net days * "By signing this document the bidder agrees to all Term
(Please see paragraph 1.2 H of General Terms and Conditions) and Conditions of this Solicitation and the resulting Contract"
Signature:
(Signature of authorized agent)
Print Name: Title:
Failure to sign this page shall render your Bid non -responsive.
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