The URL can be used to link to this page

Home My WebLink AboutExhibittLtit 4aFtiami ANNIE PEAEZ, CPPO EMILIO T. GONZALEZ, Ph.D. Chief Procurement Officer City ivlanager SUPPLEMENT TO CONTRACT NO, 7963-1/22 FOR BUILDING MATERIALS, PRE- QUALIFICATION POOL OF VENDORS BETWEEN MIAMI-DADE COUNTY AND VARIOUS VENDORS The City of Miami ("City") is accessing the above mentioned Contract to procure Building Materials, for the City's Parks and Recreation Department ("Parks") and other Departments. That certain Contract No. 7963-1/22, titled "Building Materials, Pre -Qualification Pool of Vendors", made and entered into effective as of September 1, 2012, is attached hereto and is incorporated by reference herein. This supplement to the Contract ("Supplement") between Miami -Dade County and Pre -Qualified Vendors ("Vendors"), (see distribution list) includes City of Miami legal requirements. The term of this Contract is as stated in Section 2.4 of the Miami -Dade County Contract. The effective date of access by the City of Miami is 2018. a) Audit And Inspection Rights: The Inspection and Audit provisions set forth in Sections 18-101 and 18-102 of the City Code are deemed as being incorporated by reference herein and additionally apply to this Agreement. b) Notices: To the City: Emilio T. Gonzalez, Ph.D. City Manager 3500 Pan American Drive Miami, Florida 33133 Victoria Mendez City Attorney 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130 Annie Perez, CPPO Procurement Director City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 To : Pre -Qualified Vendors ( See Distribution List) c) Laws and Ordinances Vendors shall be responsible to follow and observe all applicable laws, rules, regulations and ordinances of the City, County, State, Federal governments, or other public agencies having jurisdiction over the subject matter of this Supplement relating to the activities, undertakings and operations being conducted pursuant to this Supplement. d) Equal Employment Opportunity: In the performance of this Supplement, Vendors shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry, disability, or national origin. e) Mediation: These parties may, at their discretion, agree in writing to resolve any dispute between them arising under this Supplement by submitting such dispute to non —binding mediation by a certified mediator in Miami -Dade County, Florida. The parties shall split the cost of the mediator. The decision of the mediator shall not be binding. f) Contingency Clause: g) Funding for this Supplement is contingent on the availability of funds and continued authorization for program activities and the Supplement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws, City programs or policies, or regulations, upon thirty (30) days written notice. Force Majeure: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Supplement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. h) No Conflict of Interest: Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, Vendors hereby certify to the City that no individual member of Vendors, no employee, and no subcontractors under this Supplement or any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Vendors hereby represent, and warrant to the City, that throughout the term of this Supplement, Vendors, its employees, and its subcontractors will abide by this prohibition of the City Code. Page 2 i) No Third -Party Beneficiary: j) No persons other than the Vendors and the City (and their successors and assigns) shall have any rights whatsoever under this Supplement. Truth -in -Negotiation Certification, Representation and Warranty: Vendors hereby certify, represent and warrant to the City that on the date of Vendor's execution of this Supplement, and so long as this Supplement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Vendors under this Supplement are and will continue to be accurate, complete, and current. Vendors understand, agree and acknowledge that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such Supplement adjustments shall be made within one (1) year of the end of this Supplement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. k) Public Records: Vendor(s) hereby agrees and understands that the public shall have access, at all reasonable times, to all documents and information pertaining to the City, subject to the provisions of Chapter 119, Florida Statutes, and any specific exemptions there from, and Vendor(s) agrees to allow access by the City and the public to all documents subject to disclosure under applicable law unless there is a specific exemption from such access. Vendor's failure or refusal to comply with the provisions of this section shall result in immediate termination of Vendor(s) by the City. Pursuant to the provisions of Section 119.0701, Florida Statutes, Vendor(s) must comply with the Florida Public Records Laws, specifically Vendor(s) must: 1) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. 2) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 4) Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of Vendor(s) upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure req uirements. 5) All records stored electronically must be provided to the City in a format compatible with the information technology systems of the public agency. Should Vendor(s) determine to dispute any public access provision required by Florida Statutes, then Vendor(s) shall do so at its own expense and at no cost to the City. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE VENDOR MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. Page 3 The Inspection and Audit provisions set forth in Sections 18-100, 18-101 and 18-102 of the City Code are deemed as being incorporated by reference herein and additionally apply to this Ag reement. l) Counterparts: This Supplement may be executed in three or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same Supplement. m) Insurance Requirements: INDEMNIFICATION Vendor shall pay on behalf of, indemnify, hold/ save harmless, and defend at its own costs and expense, the City of Miami, its officials and employees, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of Vendor(s) performance under the provisions of the contract, including all acts or omissions to act on the part of bidder, including any person performing under this Contract for or on Vendor's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The Vendor(s) shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations Personal and Advertising Injury B. Endorsements Required City of Miami listed as an additional insured Primary Insurance Clause Endorsement Premises and Operations Liability Contingent and Contractual Exposures Business Automobile Liability $1,000,000 $2,000,000 $1,000,000 $1,000,000 A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto, Owned or Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 300,000 Page 4 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" 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, Qldwick, New Jersey, or its equivalent. All policies and for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Page 5 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized. Firm Name: City of Miami, a municipal corporation: BY: BY: President Emilio T. Gonzalez, Ph.D., City Manager DATE: DATE: ATTEST: Corporate Secretary/Notary Public ATTEST: Todd Hannon, City Clerk Corporate Seal/Notary Seal APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney Page 6 Distribution List Firm Name Telephone No. Firm Address Company Representative E-Mail Address Groups Awarded A & B Hardware, 305-633- 2851 NW 27th Oscar Llerena oscarabhardware(wgmaiLcom A,B,C,D,E,F,G,H,I Inc. dlbla 6627 Ave Miami, FL Hardware- 33142 Lumber, Inc. A thru Z 520-434- 8620 E. Old Vail Sean Stoddard sstoddard(a..athruz.net C,D,I Consulting & 8281 Road, Tucson, AZ Distributing, Inc. 85747 ADA Solutions, 978-618- 323 Andover St, Helmut Klohn hklohn@adatile.com D,I Inc. 1284 Ste 3 Wilmington, MA 01887 AmaZulu, Inc. 352-243- 1239 Commons Claire Evans claire(cvamazuluinc.com G,I 5309 Court Clermont, FL 34711 American 305-885- 7323 NW 66th Dony Ponce sales(a?atnerifast.com D,l Fasteners Corp. 1717 Street Miami, FL 33166 American 305-532- 1735 Alton Road Richard rrobertson(atamericanplum.net A,B,C,D,E,F,G,H,I Plumbing 3447 Miami Beach, FL Robertson Supply Co., Inc. d/b/a American 33139 Plumbing & Electrical Supply _ Amion 305-252- 13651 SW 143rd Mike Trinese or trinese(alamion.org H,I or inike(iamion.org Enterprises 3967 Court #102 Miguel Amion International Miami, FL 33186 Corp. d/b/a Amion Enterprises Intern _ Page 7 Atlas Polymers Corp 786-312- 1231 2930 NW 108th Ave Miami, FL 33172 Adolfo E. Rosendo adoltoer(cvatlas-polymers.com I - Automated Door 305-213- 12131 SW 131 Michael Mike.smith(a�automateddoorsmiami.com B,D & Glass 4274 or 305- Ave Miami, FL Smith/Jerry Systems, Inc. 458-6931 Smith Baro Hardware, Inc. 305-885- 3371 7230 NW 72nd Ave Miami, FL Terrance Baro/ Samantha Baro 1and2(avaoi.com A,C,D,E,F,H,I samanthalinville0(wgmail.com 33166 Linville Belzona Florida, LLC 605-594- 4994 x 2113 14300 NW 60th Av Miami Lakes, _ FL 33014 Ivan Ordaz ]lorida(abelzona.com E,F,G,I Brunswick 954-427- 400 Goolsby Blvd; Alex Guzinski alextuzinski(a.brunswickdoor.com B,D Enterprises Inc. 1700 PO Box 672 DIB/A Brunswick 954-536- Deerfield Beach, Door Company 9435 FL 33442 C & R Metals, Inc. 305-634- 2111 2991 NW North River Dr. Miami, FL 33142 Ralph Rodriguez cnnetals(u'helisouth.net C Cany LLC d/b/a 786-258- 19505 SW 134th Yaneisy miamidade.windows(u?aol.com B,I Miami Dade 2546 Ave Miami, FL Mendez Windows and 33177 Doors Caribbean Paint 305-594- 5295 NW 79th Silvia S. Milian caribbeanpaints(hotmail.com A,B,C,D,E,F,G,H,I Co., Inc. 4500 Ave Doral, FL 33166 Colony 301-514- 5725 W Glen Brown ntsorders(wcolonyhardware.com A,B,C,D,E,F,G,H,I Hardware dlb/a 9581 Hallandale Beach National Tool Blvd. Supply West Park, FL 33023 Page 8 Condo Electric Industrial Supply, Inc. 305-691- 5400 3746 East 10th Court Hialeah, FL 33013 Jose Espinola condoei(ccbellsouth.net B,C,D Construction Materials Inc, 786-606- 1253 15800 NW 13th Ave. Miami Gardens, FL 33169 Erik Schreiber eschreiber(wconstmat.com A,C,D,E,F Conwell 7 Associates Consulting Company 350-926- 5673 11771 SW 137th Place Miami, FL 33186 Kenneth F. Conwell kconwel](wcaconsultinv..com A,B,C,D,E,F,G,H,I Enecon 305-340- 6 Platinum Court Elizabeth elizabethkessler@.enecon_corn E,F,G,I Corporation 7731 Medford, NY Kessler 11763 Everglades 305-591- 5901 NW 74th Andres Suecun andres(wevergladesteel.com C Steel 9460 Ave Miami, FL Corporation 33166 Ferguson 305-360- 7480 NW 48th Alexander alexander.sanchez(wferguson.com E,I Enterprises 4953 Street Miami, FL Sanchez 33166 Independent 800-346- 14 South Front Frank fsj(independenthardware.com D Hardware, Inc. 9464 x 603 Street Stanco Jr. Philadelphia, PA 19106 Javan Lumber, Inc. 305-769- 5727 12721 NW 7th Ave North Miami, FL 33168 Damian C or Jay H iavanlurber(wamail.com A,B,C,D,E,F,G,H,I John Abell Corp. 786-412- 10500 SW 186 St Bill Hurst billh cx.johnabellcorp.com A,B,D,E,F,G,H,I 1387 Miami, FL 33157 Lavcor LLC 786-399- 936 NW 104TH Leo Valdes lavcor(pymail.com C,D,I 6710 Ave Miami, FL 33172 McKinsey Steel 954-524- 817 NW 5th Ave Warren Thomas warren(umckinsevsteel.com C,D,1 & Supply of 7055 Ft Lauderdale, FL Florida 33311 Page 9 Nets Unlimited, Inc. 602-757- 3129 Kelly Bair kellv(wnetsunlimited.com C Ronnie's 305-487- 8631 Coral Way Ken Stone 0000wal(a)comcast.net A,B,C,D,E,F,G,H,I Hardware, Inc. 0621 Miami, FL 33155 Shell Lumber 305-856- 2733 SW 27th Eli Castillo or eli(a)shelllumber.com A,B,C,D,E,F,G,H,I Izzyshelllumber.com and Hardware 6401 Ave Miami, FL Izzy Perdomo Company 33133 The Tool Place 305-591- 5295 NW 79th Edgar Bischoff sales(wtoolplacecorp.com A,D,E,F,G,I Corp. 5650 Ave Doral, FL 33166 Traeger 301-514- 12405 SW 130 St David Tilden dtilden_vraeger.com C Brothers & 9581 Miami, FL 33186 Associates Grainger 305-594- 2255 NW 89th George Joseph Gov480(cb2rain er.com B,C,D,G,I 3036 Place Doral, FL 33172 Page 10