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Res No 060-14-14154RESOLUTION NO.: _..:....6 -=-0 -_1-'-4=--_1'-'4=--.:1-=5'--'4'--__ A Resolution authorizing the City Manager to expend an amount not to exceed $10,500.00 to Miami Grandstand for the purchase of park bleachers at Palmer Park. WHEREAS, City representatives from Parks and Recreation Department conducted an assessment at Palmer Park and found that three antiquated park bleachers need to be replaced; and, WHEREAS, the City wishes to accept a proposal for the supply, delivery and assembly of three sections of aluminum bleachers from Miami Grandstand; and, WHEREAS, The City will piggyback from Miami-Dade County bid #8734-1/21, with expiration date 1/31/2017. This bid encompasses the scope listed in the attached proposal from Miami Grandstand; and, WHEREAS, The City will use funds from Parks and Recreation Improvement Fund account 301-2000-572-6450, with a current balance of $249,655.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section I. The City Manager is authorized to expend an amount not to exceed $10,500.00 to Miami Grandstand for the purchase of park bleachers at Palmer Park, utilizing funds from Parks and Recreation Improvement Fund account 301-2000-572-6450. with a current balance of $249,655.00. Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this ~ day of Apr i 1 ,2014. APPROVED: j1t!f!Cf~ MAYOR COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Edmond: Yea Commissioner Liebman: Yea Commissioner Welsh: Yea CONTRACT nIlS AGREEMENT made and entered into this !!iday of jfPltt I ,20]4, by and between the City of South Miami, a Florida municipal Corporation (hereinafter referred to as "City") and Miami Grandstand Entertainment Corporation, (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, Miami-Dade County soHcitedbids, pursuant to lB8734-1/21, for Bleachers ,Furnish, DeIiverand Assembly; and WHEREAS, Miami-Dade County, after completing a competitive bidding process, awarded a contract to Miami Grandstand Entertainment Corporation; and ' WHEREAS, the City of South Miami desires to utilize the Bleachers Furnish, Deliver and Assembly ,contract pursuant to a Miami-Dade County Contract # lB8734-1I21,and pursuant to authority of the City of South Miami's own city charter; , , NOW. THEREFORE; the City and theContractor,eachthrough their authorized representative/official, agree asfotlows:, r. The Cjtydesires to entednto a Contract for Bleachers Furnish, Deliver and Assembly; uhder the same tettns and conditions as the agreement between Contractor andMiami~Dade County which coniractis found in.Miami,:Dade County's Awarded Contract Listing, identified as Contract #ID8734-1I21. '2., 'The, City has reVIewed, the co.ntract and agrees to the terms aod condi tipnsand further awees to the fair ariqreaSoriablencssorthe pricing, Contractor hereby agrees tQprovide such services under the same price(s), terms and conqition~ as theconttact foun<f in Miami-Dade COUnty's Awarded ContractListing, identifiedasContrad # IB8734-1/21, a copy of which including any amendments thereto, is attached hereto and made a: pari heteofby reference. 3. All references in the contract between Contractor and Miami~Dade County shall be assumed to pertain to, and arc hinding upon Contractor and the City of Southhliaml. IN WITNESS WHEREOF~ and as the duLy audlOrized act ofrfie parties, theundcrsignedrcpreseutatives of the parties hereto haVecaJlsed' this instrument to be signed in their respective names by theirproper offipials and tobc attested by their respective Clerks the day and year tirst above wiitten. '--- VENDOR FJy;.Ld/fJ-c:., It· jJtZJ2./P~O __ -tllb5l~/-}~~1A- (type name and Litle of signatory above) PROPOSAL SUBMITED TO: PROPOSAL: )111l)11 f,ll1lNI)Sl'llNI) Bleachers & Staging Rental And Sales CITY OF SOUTH MIAMI ATTN: QUENTIN POUGH ALUMINUM BLEACHERS WE HEREBY SUBMIT SPECIFICATION AND ESTIMATE: -THREE SECTIONS OF ALUMINUM BLEACHERS FOR SALE. -ALUMINUM FRAMING AND ALUMINUM SEAT / BOARDS PLANKS -15 FEET LONG 5 ROWS HIGH, BACK AND SIDE ALUMINUM RAILINGS -TOTAL CAP OF 50 SEATS EACH SECTION. -DELIVERY, ASSEMBLY, SET UP IS INCLUDED -DELIVERY TO: PALMER PARK 6100 SW 67 AVENUE SOUTH MIAMI FL 33143 NOTE: ANYTHING THAT IS NOT DESCRIBED IN THE PROPOSAL WILL BE CONSIDER AS AN EXTRA JOB REQUIRED AND WILL BE CHARGED SEPARATED .. TOT AL.. ........................... $10, 500, 00 PROPOSED BY ACCEPTED BY FELIPE A. PERDOMO AUTHORIZED SIGNATURE DATE I 2330 WEST 79 TH ST HIALEAH, FL 33016 PH(305)636-9665 FAX(305)826-1280 E-MAIL miamibleachers@cs.com I To: Via: From: DATE: SUBJECT: BACKGROUND: VENDORS & BID AMOUNT EXPENSE: FUND& ACCOUNT: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager South Miami bOd AII-Amerlca city '1111.' 20(Jl Quentin Pough, Acting Director Parks and Recreation Department April 15,2014 Agenda Item No.: 5 A Resolution authorizing the City Manager to expend an amount not to exceed $10,500.00 to Miami Grandstand for the purchase of park bleachers at Palmer Park. Parks and Recreation staff conducted an assessment at Palmer Park and concluded that three antiquated park bleachers need to be replaced. Miami Grandstand has submitted a proposal that responds to the amenities that the department requires. The City will piggyback from Miami-Dade County bid #8734-1/21, expiration date 1/31/2017. Please find below a breakdown of all submitted proposals VENDORS BID AMOUNT MIAMI GRANDSTAND ENTERTAINMENT CORP. $10,500.00 Not to exceed $10,500.00 The expenditure shall be charged to the Parks and Recreation Improvement Fund account number 301-2000-572-6450, which has a balance of $249,655.00 before this request was made. ATTACHMENTS: Resolution for approval Proposal Piggyback Agreement Contract Award Sheet Miami-Dade County Bid #8734-1/21 Addendum No. I and No.2 Tally Sheet I :MIAM~-:~- CONTRACT AWARD SHEET OE'.PARTMENT OF PROCUREMENT MANAGEMENT DIVISION Bid No. 8734-1121 1111'(1/'(/ Sheet BID NO.: 8734-1/21 PREVIOUS BID NO.: lBB734-2/11-2 TITLE: BLEACHERS FURNISH, DF-LIVER ANI> ASSEMBLY CURRENT CONTRACT PBRIOD: 02/0112012 through 01131/2017 Total # of OTRs: M2UlFICATION HISTORY Bid No. 8134-1/21 Aware/Sheet DPM Notes I -. APPLICABLE ORDINANCES LIVING WAGE: No UAP: Yes 10: No OTHER APPLICABLE ORDINANCES: CONTRACT AWARD INFORMATION: No Local Preference No Mioro Enterprise Full l'ederal Funding No Perfonnunce Bond Small Business Enterprise (SllE) jYrpF~nds Partial Federal Funding ~ Insumnce Miscellnneous: I REQUISITION NO.: I PROCUREMENT AGENT: PHONE: 305 375-4725 BIANCA ROIG FAX: EMAIL: BROIG@MIAMIDADE.GOV DEPARTMENT OF PROCUREMENT MANAGEMENT DIVISION Page 1 of3 Bid No. 8734.1/:21 Awal'dSheel VENDOR NAME: MIAMI GRANDSTAND ENTERTAINMENT CORP DBA: FEIN: 650755892 SUFFIX: 04 STREET: 2330 WEST 79TH STREET CITY: HIALEAH ST: FL ZIP: FOB_TERMS: DEST.P DELlVERY: PAYMENT TERMS: NET30 TOLL PHONE: . !vENDOR ll'/FORMATION' CERTIFIED VENDOR ASSIGNED MEASURES ocal Vendor: SBE Set Aside Bid Pref. iNlier<> Ent. Selection Factor Goal Other: Vel/dor Record Yel'ijied? - A ill **~iI ""it in\ -''I\' 'M. ~Is" 1\*",''11 Is 11'1\1"111" Ie If Jr. air" •• ", ••• " ./tAw#. It'" "'''*~* lie NIrM.IoJ. 0\ II tit "'*'" ,"It * !\ Vendor Contacts: Name Phonel Phone2 Fax Email Address foELIPfi A PERDOMO 305·636-9665 -305·826·1280 MIAM1BWACHIiRS@CS.COM ITEMS AWARDED Sec(jQII,' Details: Item # Description Q1y Unit Price \I I 11111 .~ ~ I_"~ _ii:nil~ilIl t ,-.: .... Eml of..lTEMS AWARDED 8ectiol/ ~""1JIDfi -, ..... n II~ MIItIII'-'I'" AWARD INFORMATION Section BCCAward: DPMAwal'd: No BCCDate: DPMDate: 12/161201 I Contrlltt Amount; S 150,000,00 Additional Items Allowed: Agendllltem No.: Special Conditions: DEPARTMENT OF PROCUREMENT MANAGEMENT DIVISION Page 2 of3 33016 I 1- I Bid No. 8734.1121 Award Sheet BPO INJ79RMATIONSectioJJ: l'rl---,rl-'B-~-"-Vl-20-0-22-7------------------------------------------------~II , Ii \....l Commodity ID 650-38 Deparlment PR I Commoditv'Namc PLAYGROUND EQUiPMENT (NOT OTHERWISE Department Allocation $150,000.00 Emf o[BPO 1I1formgtloll Section W dA. DEPARTMENT OF PROCUREMENT MANAGEMENT DIVISION Page3 of3 I I 8734-1/21 ROADMAP BLEACHERS FURNISH, DELIVER, ASSEMBLE AND INSTALL The purpose of this solicitation is to establish a contract for the purchase, delivery, assembly and installation of bleachers, in conjunction with the County's needs on an as needed when needed basis. . CONTRACT MEASURES GROUP (A) No measures ~ Federally Funded Projects GROUP (B) Non Federally Funded Projects -SMALL BUSINESS CONTRACT MEASURES FOR SOLICITATIONS GREATER THAN $50,000 (Bid Preference) TERM OF CONTRACT FIVE (5) YEARS OPTION TO RENEW FOR AN ADDITIONAL FIVE (5) YEARS WITH PRICE ADJUSTMENTS' Prior to, or upon completion, of that initial term, the County shall have the option to renew this contract for an additional five (5) year period, concurrently. The vendor shall maintain, for the entirety of the stated additional period, the same terms, and conditions included within the originally awarded contract. METHOD OF AWARD TO MULTIPLE LOWEST PRICED VENDORS IN THE AGGREGATE PER GROUP GROUP CA) -Federally Funded Projects GROUP (B) -Non Federally Funded Projects Award of this contract will be made to two (2) responsive, responsible vendors who submit an offer on all items listed in the solicitation and whose offer represents the lowest price when all items are added in the aggregate per group. While the award will be made to multiple vendors to assure availability. the lowest priced vendor for each group, shall be the primary vendor and shall have the initial responsibility to perform under this contract. PRICES Vendors' prices shall remain fixed and firm for a period of one (1) year from the time of contract commencement. After this period, vendors shall have the option to submit price adjustments prior to each contract anniversary date. Prior to, or upon completion, of the contract anniversary date, the County may consider an adjustment to price based on changes in the following pricing index: Consumer Price Index For All Urban Consumers (CPI-U). Other Recreational Goods. 8734-1/21 ROADMAP BLEACHERS FURNISH, DELIVER, ASSEMBLE AND INSTALL The purpose of this solicitation is 10 establish a contract for the purchase, delivery, assembly and installation of bleaohers, in conjunction with the County's needs on an as needed when needed basis. CONTRACT MEASURES GROUP (A) No measures -Federally Funded Projects GROUP (B) Non Federally Funded Projects -SMALL BUSINESS CONTRACT MEASURES FOR SOLICITATIONS GREATER THAN $50,000 (Bid Preference) TERM OF CONTRACT FIVE (5) YEARS OPTION TO RENEW FOR AN ADDITIONAL FIVE (5) YEARS WITH PRICE ADJUSTMENTS . Prior to, or upon completion, of that initial term, the County shall have the option to renew this contract for an additional five (5) year period, concurrently. The vendor shall maintain, for the entirety of the stated additional period, the same terms, and conditions included within the originally awarded contract. METHOD OF AWARD TO MULTIPLE LOWEST PRICED VENDORS IN THE AGGREGATE PER GROUP GROUP CA) -Federally Funded Projects GROUP (B) -Non Federally Funded Projects Award of this contract will be made to two (2) responsive, responsible vendors who submit an offer on all items listed in the solicitation and whose offer represents the lowest price when all items are added in the aggregate per group. While the award will be made to multiple vendors to assure availability. the lowest priced vendor for each group, shall be the primary vendor and shall have the initial responsibility to perform under this contract. PRICES Vendors' prices shall remain fixed and firm for a period of one (1) year from the time of contract commencement. After this period, vendors shall have the option to submit price adjustments prior to each contract anniversary date. Prior to, or upon completion, of the contract anniversary date, the County may consider an adjustment to price based on changes in the following pricing index: Consumer Price Index For All Urban Consumers (CPI-U). Other Recreational Goods. 8734·1/21 ROADMAP DELIVERY SHALL BE THIRTY (30} DAYS AFTER DATE OF ORDER The vendor shall make deliveries within thirty (30) calendar days after the date of the order. 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. LICENSES -PERMITS AND FEES Vendor(s) shall obtain and. pay for all licenses, permits and inspection fees required for each individual project; and 'shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Damages, penalties and or fines imposed on the County or the vendor for failure to obtain required licenses, permits or fines shall be borne by the vendor. PURCHASE OF OTHER ITEMS NOT LISTED WITHIN THIS SOLICITATION BASED ON PRICE QUOTES There may be similar Items that must be purchased by the County during the term of this contract. Under these circumstances, a County representative will contact the primary vendor to obtain a price quote for the similar items. If there are multiple vendors on the contract, the County representative may also obtain price quotes from these vendors. The County reserves the right to award these similar items to the primary contract vendor, another contract vendor based on the lowest price quoted, or to acquire the i1ems1hrough a separate solicitation. TAllVSHEET Solicitation Number: 8734-1/21 Summary Description: To purchase, delivery,assembly, and install.tion of bleachers. Solicitation Opening/ Closing Date: May 18,2011 @2:00 P.M. Prepared by: Mary Hammett for Martha Garofolo . ~ . /J Verified by: Mary Hammett, Denis Chung, and Martha Garofolo tJ-( ~ t! ~ Note: When all prices are entered, highlight low priced vendor in yellow (and if applicable, green for secondary, blue for tertiary) ttll?(" ~ /f6"D;~ //,h7P; il~/# '''hi< ""~P""~ I'M, """ '_"'1 .. 1 ,.. ..... Local Prefen~nce Affirmed (Yes/No): Yes Y,,, No Yes ConViction Disclosure (Yes/No): No ~o No No Were cdl Affidavits Completed: Yes Y,,, Yes Yes Were all Affidavits Submitted: Yes y,,, Yes Yes .. . N01'ES: • Newton Seating Co, Inc.= Bidder took exception to terms and conditions'(Bidder qualified, bid is not responsive) Per Amos Roundtree 11/8/11 ·Sr;hool Specialty,lnc,= Bldderdtd not bid on all Items for groups A and S *SSE Associate:: Bidder s FEIN Number could not be located in sunbiz or Adpics THIS TALLY SHEF.T IS AN INDlCAT!ON Of PRICF,S ONLYANO IS NOT A DETERMINATION OFTHE LOWESTRE5PONSNE :1 of3 TALLY SHEET Solicitation Number: 8734-1/21 Summary Description: To purchase, delivery,assembly, and installation of bleachers. Solicitation Opening/ Closing Date: May 18,2011 @2:00 P.M. Prepared by: Mary Hammett for Martha Garofolo Verified by: Mary Hammett, Denis Chung, and Martha Garofolo Note: When all prices are entered, highlight low priced vendor in yellow (and if applicable, green for seoondary, blue for tertiary) Vendor Name: Rllnc dba/Seating Solutions SA Consultants, LLC 'c~:$eatlng Coo~trii·~(;-i~·iJ'sA·.'· . Vendor FEIN: 113301457-01 650962158-01 593731310·01 60 Austin Voulevard Commack, NY 1172S 2150 Coral Way, Suite 7B Miami, FI 33145 P.o. Box 2397 Pinellas, Park, FI33780 20f3 ADPICS Address: SunbizAddress:~~~~~tlti~titi~Htl~~Bt~r-----~N~o~t~in~s~u~nb~iZ~------------t-------~s~a-m-e-a-s~ab~a-ve--------~r---~Na~t~in-s-u-n~bi-z--------------~ Is this Bid Responsive [If no, state reason): Yes Yes Yes Local Preference Affirmed ,,, __ I .. -\. NOTES: '" Newton Seating Co, Inc.= Bidder took exception to terms and condltlonsl(Bidder qualified, bid is not responsive) Per Amos Roundtree 11/8/11 ·School Specialty, Inc.=: Bidder did not bid on aU items for groups A and B *SSE Associate= Bidder 5 fEIN Number could not be loca.ted in sunbiz or Adpics THIS TAllY SHEET IS AN INOICATION OF PRICES ONLY AND]S NOT A DETERMINATION OF THE LOWEST RESPONSlVE May 16, 2011 TO: All Bidders SUBJECT: BID NO.: 8734-1/21 MIAM •• t;·nmi1 .' ADDENDUM NO.1 TITLE: Bleachers Furnish, Deliver, Assemble and Install BID OPENiNG DATE: May 18, 2011 This Addendum is and does become a part of the above mentioned bid. Please note the following change(s) to: Section 3, Paragraph 3.1 DESIGN STANDARD: Bleachers shall be designed to support, in addition to their weight, a uniformly distributed live load of not less than 120 pounds per square foot of gross horizontal projection of the bleachers. All seat and foot plank members shall be designed to support not less than 125 pounds per linear foot, over a 6 foot span, multi-span condition. Bleachers shall be designed to resist, with or without live load, a horizontal wind load of the pounds per square foot of gross vertical projection as per the code requirements of Miami-Dade County. They shall be designed to resist, in addition to the live load, sway forces applied to the seats, in a direction parallel to the direction of the seat planks, 24 pounds per linear foot of seat plank, and separately, in a direction perpendicular to the direction of the seats, 10 pounds per linear foot of seat plank. All terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply, except to the extent herein amended, daa:kC~ Martha Garofolo, Procurement Contracting Officer Department of Procurement Management Cc File Vendor Assistance Unit AWARD SHEET ADDENDUM Rev. 1lI29101 ADDENDUM NO.2 May 17, 2011 TO: All Bidders SUBJECT: BID NO.: 8734"1/21 TITLE: Bleachers Furnish, Deliver, Assemble and Install BID OPENING DATE: May 18, 2011 This Addendum is and does become a part of the above mentioned bid. Please note the following change(s: The bid opening date has been extended to May 25. 2011. All terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply, except to the extent herein amended. Martha Garofolo, Procurement Contracting Officer . Department of Procurement Management Cc File Vendor Assistance Unit AWARD SHEET ADDENDUM Rev. 11129101 MIAMI· rm:rrn I BID NO.: 8734-1/21 I OPENING: 2:00 P.M. WEDNESDAY May 18, 2011 MIAMI-DADE COUNTY, FLORIDA INVITATION T 0 BID TITLE: BLEACHERS FURNISH, DELIVER, ASSEMBLE AND INSTALL THE FOLLOWiNG ARE REQUiREMENTS OF THiS BiD AS NOTED BELOW' '. . SMALL BUSINESS ENTERPRISE Section 2, Paragraph 2.2 MEASURE: .................................................. INDEMNIFICATION/INSURANCE: ............... Section 2, Paragraph 2.11 USER ACCESS PROGRAM: ........................ Section 2, Paragraph 2.21 FOR INFORMATION CONTACT: Martha Garofolo at 305-375-1402, or at marthag@miamidade.gov IMPORTANT NOTICE TO BIDDERS: N/A MIAMI-DADE COUNTY DEPARTMENT OF PROCUREMENT MANAGEMENT FAILURE TO COMPLETE THE CERTIFICATION REGARDING LOCAL PREFERENCE ON PAGE 20 OF SECTiON 4, BiD SUBMiTTAL FORM SHALL RENDER THE VENDOR INELIGIBLE FOR LOCAL PREFERENCE FAILURE TO SIGN PAGE 20 OF SECTION 4, BID SUBMITTAL FORM WILL RENDER YOUR BID NON-RESPONSIVE MIAMI· t3!l!ml'l MIAMI-DADE COUNTY, FLORIDA INVITATION TO BID Bid Number: 8734-1/21 Title: Bleachers Furnish, Deliver, Assemble and Install Procurement Contracting Officer: Martha Garofolo Bids will be accepted until 2:00 p.m. on Wednesday May 18, 2011 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: The Clerk of the Board business hours are 8:00am to 4:30pm, Monday through Friday. Additionally, the Clerk of the Board is closed on holidays observed by the County. Each Bid submitted to the Clerk of the Board 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 two copies of the Bid Submittal, plus attachments if applicable. All Bids received time and date stamped by the Clerk of the Board prior to the bid submittal deadline shall be accepted as timely submitted. The circumstances surrounding all bids received and time stamped by the Clerk of the Board after the bid submittal deadline will be evaluated by the procuring department, in consultation with the County Attorney's Office, to determine whether the bid will be accepted as timely. 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.: 8734-1/21 SECTION 1 GENERAL TERMS AND CONPITIONS 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 Solicitation -shall moan this solicitation documentation, including any and all addenda. Bid Submittal Form -defines the requirement of items to be purchased, and must be completed and s'ubmitled with Bid. The Bidder should indicate lis name in the appropriate space on each page. County -shall refer to Miami-Dade County, Florida DPM -shall refer to Miami-Dade County's Department of Procurement Management. Enrolled Vendor -shall refer to a firm that has completed the necessary documentation in order to receive Bid notifications from the County. 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 Into business agreements with the County. The Vendor Registration Package -shall refer to the Business Entity Registration Application. For additional information about on-line vendor enrollment or vendor registration contact the Vendor Assistance Unit al 111 N.W. 1" Street, 13;;' Floor, MiamI, FL 33120, Phone 305-375-5773. Vendors can enroll online and obtain. forms to regIster by visiting our web sIte at www.miamidade.qov/dpm 1.2. INSTRUCTIONS TO BIDDERS A. Bidder Qualification It is the. policy of the County to encourage lull and open competition among all available qualified vendors. All vendors regularly engaged hi the type 01 work specified in the Bid Solicitation are encouraged to submit. Bids. Vendors may enroll with the County to be Included on a notification list for selected categones of goOds and services. To be eligible for award of a contract (including small purchase orders), Bidders must become a Registered Vendor. Only Registered Vendors can be awarded County contracts. Vendors are required to register with the County by contacting the Vendor Assistance Uoit. The County endeavors to obtain the participation 01 all qualified small business enterprises. For information and 10 apply for certllication, contact the Department of Small Business Development at111 N.W. 1 Street, 19'" Floor, Miami, FL 33126·1900, or telephone at 305·375·3111. County employees and board members wishing to do bUsiness with Ihe County are referred to Section 2·11.1 of the Mlaml·Dade County Code relating to Conniet of Interest and Code of Ethics. B. Vendor Registration To be recommended for award the County requires that vendors complete a Miami·Dade County Vendor Registration Package. Effective June I, 2008, a new Vendor Registration Package, including a Uniform Affidavit Packel (Affidavit form), must be completed by vendors and returned to the Department of Procurement Management (DPM). Vondor Assistance Unit. within' founeen (14) days of notification of the intent to recommend for award. In the event the Vendor Registration Package is not properly completed and returned within the specified lime, the County may in ils sole discretion. award to the next lowest responsive, responsible Bidder. The Bidder is responsible for obtaining the Vendor Registration Package, Including all affidavits by downloading from the DPM website at www.miamldade.gov or from the Vendor Assistance Unit at 111 N.W. 1" Street, 13'" Floor, Miami, FL 33128. Bidders are required to affirm that all information submitted with the Vendor Registration Package is current, complete and accurate. at the time they subm~ a response to a Bid SoliCitation, by completing Ihe provided Affirmation of Vendor Affidavit form. In becoming a Registered Vendor with Miami-Dade County, the vendor confirms its knowledge of and commitment to comply with the following: 1. Mlaml·Dade County Ownership Disclosure Affidavit (Sec. 2·8:1 of the County Code) -I - 2. Miami-Dade County Employment Disclosure Affidavit (County Ordinance No. 90·133, amending Seclion 2.8-1 (d)(2) of the County Code) 3. Miami-Dade Employment Drug·free Workplace Certification (Seclion 2·8. 1.2(b) 01 the County Code) 4. Miami-Dade Disability and Nondiscrimination Affidavit (Article I, Seclion 2-8.1.5 Resolution A182-00 Amending R~85-95) 5. Miami-Dade County Debarment Disclosure Affidavit (Section 10.38 of (he County Code) 6. Miami-Dade County Vendor ObligatIon to County Affidavit (Section 2-8.1 of the County COde) 7. Miami-Dade County Code of BusIness Ethics AffidavIt (Article 1, Seclion 2-8.1(i) and 2-11(b)(I) of the County Code through (6) and (9) of the county Code and County Ordinance No 00·1 amending Section 2-11.1(c) of/he County Code) O. Miami-Dade County Family Leave Affidavit (Article Vof Chapter 11 of the County Code) 9. Miaml·Dade County Living Wage Affidavit (Section 2-8.9 01 the Coullty Code) 10. Miami-Dade County DomestIc Lcave and Reporting Affidavit (Article 8. Section 11A-60 l1A·67 of the County Code) 1 t. Subcontracting Practices (Ordinance 97-35) 12. Subcontractor ISupplier Listillg (Ordinance 97-104) 13. Envlronmontally Acceptable Packaging Resolution (R·738-92)· 14. W-9 alld 8109 Forms The vendor must furnish these forms as required by the Internal Revenue Service. 15. Social Security Number In order to establish a file for your firm, you mtlSt provide your firm's Federal Employer Identification Number (FEIN). If no FEIN exists, the Social Security Number oflha owner or individual must be provided. This number becomes your "County Vendor Number'. To comply with Section 119.071(5) of the Florida Statutes relating to'the colleotion of an individual's Social Security Number, be aware that DPM requests the Social Security Number for the following purposes: • tdentllication of individual account records • To make payments to individuallvendor lor goods and services provided to Miami·Dade County • Tax reporting purposes To provide a unique identifier in the vendor database that may be used for searching and sorting departmenlal records 16. Office of the insp""tor General Pursuant to Section 2-1076 ollhe County Code. 17. Small Business Enterprises The County endeavors to obtain the participation of alf small 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 Gode of Federal Regulations. 18. Antitrust Laws By acceptance of any contraot, the vendor agrees to comply with all antitrust laws of the United States and the State of Florida. C. PUBUC ENTITY CRIMES To be eligible lor award of a contract, lirms wishing to do business with the County must comply with the following: Revised 12/1/09 MIAMI-DADE COUNTY BID NO.: 8734-1/21 SECTION 1 GENERAL TERMS AND CONDITIONS Pursuant to Section 287. 133(2)(a) of the Florida Statutes a person or affili~te who has been placed ~n the convicted v!lndor list following a convlcl!On for a public entity cnme may not submit a Bid on a contract to. provide any goods or services !o a public entity, may not submit a Bid on a contract with a public onlity tor tile construction or repair of a public building or publiC work, may not submit Bids on leases of real property to a pu~lic entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with ~ny public entity, and Ojay 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 Addltlonaltnformalion 1. Pursuant to Section 2·11.1 (t) of the County Code, all Bid Solicitations, once advertised and until an award recommendation has been forwarded to the appropriate authority are under the "Cone of Silence". Any communication or inquiries, except for clarification of process or procedure already contained in the solicitation. are to be made in writing to the attention of the Procurement Agent identified on the front page of the SOliCitation. Such 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 requestor must also file a copy of this written request with the Clerk of the Board, 111 NW 1" Street, 17'" Floor, suite 202, Miami, Florida 33128·1983 or emait clerk!)cc@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 terms, provisions 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 shatl 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 ils Bid a signed "Acknowledgment of Addenda" form, when any addenda have been issued. E. Contents of Bid Solicitation and Bidders' Responsibilities 1. It Is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Pleas of ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the County, or the compensaUon to be paid to the Bidder. 2. In the event a Bidder wishes to protest any part of the General Conditions, Speciat Conditions and/or Technical Specifications contained in the Bid SoliCitation it must file a notice of protest In ·writing with the issuing department no later 1llan 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. 3. This solicitation is subject to all tegal requirements contained in the applicable County Ordinances, Administrative Orders, and Resolutions, as well as all applicable State and Federal Statutes. Where conflict exists between Ihis Bid Solicitation and these legal requirements, the authority shail prevail in the following order: Federal, State and local. 4. It Is the responsibilily of the Bidder/Proposer, prior to conducting any lobbying regarding 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 form wilh 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 thaI the Bidder/Proposer is not a responsible contractor. F. Change or Withdrawal of Bids 1. Changes to Bid· Prior to tho scheduled Bid opening a Bidder may change its Bid by submitting a new Bid. (as indicated on the cover page) with a lotter In writing on the firms letterhead, signed by an -II . 2. G. H. 1. 2. authorized agont stating that the new submittal replaces Ihe original submittal. The now submittal shall contain tho 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. Withdrawal of Bid -A Bid shall be Irrevocable unless the Bid is withdrawn as provided herein. Only a written letter received by DPM prior to the Bid opening date may withdraw a bid. A bid may also be wilhdrawn ninety (90) days alter the Bid has been <>pened and prior to award, by submitting a letter to the contact person identified on the front cover of this Bid SOlioitation. The withdrawal letter must be on company letterhead and signed by an aulhorized agent of the Bidder. Conflicts Within The Bid Solicitation Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, tile Technical Specifications, the Bid Submittal Section, Or any addendum issued, the order of preoedence shall be: Ihe last addendum issued. the Bid Submittal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. 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 flOm the County or the Public Health Trust shall be IOlty·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. ~II payments due from the County or the Public Health Trust. and not made .within the time specified by Ihls section, shall bear Interest from thirty (30) days after the due date at the rate of one percent (1%) per monlh 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 sixlY (60) days alter the date on whioh the proper invoice was received by the County or the Public Health Trust. The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Biddels are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. 1.3, PREPARATION OF BIOS A. The Bid submittal form defines requirements 01 items to be purchased, and must be completed and submitled with the Bid. Use of any other 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 initiated in Ink. Failure to comply with these requirements may cause the Bid to be rejected. C. An authorized agent of the Bidder's firm must sign the Bid submittal form. FAILURE TO SIGN THE BtD SUSMITTAL FORM SHALL RENDER THE BID NON·RESPONStVE. D. The Bidder may be considered non·responslve if bids are conditioned to modifiCations, changes, or revisions to the terms and conditions of this solicitation. E. The Bidder may submit altemate Bid(s) for the same solicitation provided that such offer is allowable under the terms and conditions. The alternate Bid must meel or exceed the minimum requirements and be submitted on a separate Bid submittal marked "Alternate Bid". F. When there is a discrepancy belween the unit prices and any extended prices, the unil prices wiii preva.il. G. An optional electronic submittal shail not be considered a part of the bid if It diflers In any respect from the required manual SUbmittal in the original hard copy. 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 interosl 01 the County. Revised 12/1/09 MIAMI-DADE COUNTY BID NO.: 8734-1/21 SECTION 1 GENERAL TERMS AND CONDITIONS 1.5. AWARD OF BID SOLICITATION A. This Bid may be awarded 10 Ihe responsible Bidder meeting all requirements as set forth in Ihe solicitation. The County reserves the right 10 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 best Interest. B. When there are multiple line items in a solicitation, the County reserves Ihe right to award on an individual item basis, any combination of items, lotal low Bid or in whichever manner deemed in the best Interest of the County. C. The County reserves the righl to reject any and all Bids if il is determined that prices are excessive, best offers are determined 10 be unreasonable,· or il is otherwise determined 10 be in the County's besl 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 tegal requirements to do business with Miami-Dade County. Firms domiciled In Miami- Dade County must present a copy of their Miami-Dade County issued Local Business Tax Receipt. F_ Pursuant to Counly 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 ihis Bid Soiiciiation. G. To obtain a copy of the Bid tabulation, Bidder(s) shall enclose an appropriately sized self-addressed stamped envelope or make a request bye-mail. Bid results will not be given by telephone or facsimile. H. The· 'Bid SoliCitation, any addenda and/or properly executed modifications. the purchase order. and any change order(s) shall constitute the contract. 1. In accordance with Resolution R-1574-88, the Director of DPM 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. K. The County reserves the right to request and evaluate additional information from any bidder alter the submission deadline as the County deems necessary. . 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 lhe 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 10 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 mav occur within the manufacturer's standard warranty. The Special Conditions of the Bid Solicitation may supersede the manufacturer's standard warranty. 1.8. ESTIMATED QUANTITIES Estimated quantities or dollars are for Bidder's guidance only: (a) estimate.s 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 govemment, 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 -III - 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 thaI will satisfy its needs as describe herein. However, the County reserves the right as deemed in its best interest to perform, or cause 10 be performed, the work and services, or any portionlhereof, herein described In any manner It sees fit, Including but not limited 10: 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 Local Business Tax Receipt, Issued by Miami-Dade County at teast 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 veriflabi~ anu shaii (loi be u:;;eu for ihe purpose of estabiishing said physical address; and 3. a business that contributes to the economic development and weil-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 ShaW affirm in writing its compliance with either of the following objective criteria as of the bid or proposal submission date stated in the solicitation: (a) vendor has at least ten (10) permanent full time employees, or part time employees equivalent to 10 FTE ("full-time equivalent" emptoyees 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 (b) vendor contributes to the County's tax base by paying either real property taxes or tangible personal properly taxes to Miami-Dade County, or (c) some other verifiable and measurable contribution to the economic development and well-being of Miami-Dade County. When there is a responsive bid from a Miami-Dade local business within 10% of the lowest price submitted by a responsive 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 Ihe amount of the low bid previously submitted by the non-local business. At this time, lhere is an interlocal agreement In effect between Miami- Dade and Broward Counties until September 2011. Therefore, a vendor which meets the requirements of (1), (2) and (3) above for Broward County shall be considered a local business OllrSLIant to Ihls Section. ~ . ~ 1.11. CONTINUATION OF WORK Any work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the County and the successful Bidder, continue until completion at the same prices, terms and conditions. 1.12. BID PROTEST A. A recommendation for conlract award or rejection of award may be protested by a Bidder in accordance with the procedures contained In Sections 2-8.3 and 2-8.4 of the County Code, as amended, and as established in Administrative Order No.3-21. B. A written intent to protest shall be filed with the Clerk of the Revised 12/1/09 MIAMI-DADE COUNTY BID NO.: 8734-1/21 SECTION 1 GENERAL TERMS AND CONDITIONS Board and mailed to all participants in the competitive process and to the County Attorney within three (3) County work days of the filing of the County Manager's recommendation. This three· day period begins on the County workday after the filing of the County Manager's recommendation. Such written intent to protest shall slate the particular grounds on which it is based and shall be accompanied by a filing fee as detailed In Para C below. C. The written Intent to protest shall be accompanied by a non· refundable filing fee. payable to the Clerk of the Board, in accordance with Ihe schedule provided below: Award Amount $25,000·$250,000 $250,001,$500.000 $500.001'$5 million Over $5 million Filing Fee $500 $1,000 $3,000 $5.000 The protester shall then file all pertinent documents and supporting evidence with the Clerk of the Board and mail copies to all participants in the competitive process. and to the County Attomey within three (3) County workdays after the filing of a written intent to protest O. For award recommendations greater than $250,000 the following shall apply: The County's recommendation to award or reject will be immediately communicated (via mail, fax or email) to all participants in the competitive process and filed with the Clerk of the Board. E. For award recommendations fcom $25.000 to $250,000 the following shall apply: Each County workday. as appropriate, recommendations to award or reject will be posted in the lobby of the Stephen P. Clark Center. located at 11.1 N.W. 1" Street. Participants may also view recommendations to award on· line at the DPM website or call the contact person as identified on the cover page of the Bid Sollcitatlon. 1.13. RULES, REGULATIONS AND LICENSES The successful Bidder shall comply wilh all laws and regulations applicable to provide the goods andlor services specified in Ihis Bid Solicitation. The Bidder shall comply with all federal, state and local laws that may affect the goods andlor services offered. 1.14. PACKAGING Unless otherwise specified in the Special CondItions or Technical Specifications. all containers shall be suitable for shipment andlor storage and comply with Resolution No. 73B·92. 1.15.SUBCONTRACTING Unless otherwise specified in Ihis Bid Solicitation, the successful Bidder shall 110t subcontract any pcrtion of Ihe work without the prior written consent of the County. The ability to subcontract may be further limited by the Special Conditions. Subcontracting without the prior consent of the County may result in termination of the contract for default. When Subcontracting is allowed the Bidder shall comply with ·County Resolution No. 1634·93. Section 10·34 of the County Code and County Ordinance No. 97·35. 1.16. ASSIGNMENT ThO 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.n.DELlVERY Unless otherwise specified in the Bid SOlicitation, prices quoted shall be F.O.B. Destination. Freight shall be included In Ihe proposed price. 1.18. RESPONSIBILITY AS EMPLOYER The employee(s) of the successful Bidder shall be considered to be at all times its employee(s). and not an employee(s) or agent{s) of the County or any of its departments. The successful Bidder shall provide compelent and physically employee(s) capable 01 performing the work as required. ThG County may require Ihe successful Bidder to remove any employee it deems unacceplable. All employees of the successful . IV- 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 allorney's fees and costs of defense, Which the County or its officers. employees, agents or instrumenlalities may incur as a result of claims, demands. suits, causes of acllons or proceedings of any kind or nature ariSing out of, relating 10 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, sulls or actions of any kind or nature in Ihe 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 provlped 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 A contractor recommended ·for award as the result of a competitive solicitation for any County purchases of supplies, materials and services (including professional services, other than profeSSional architectural, engineering and other services subject to Sec. 2'10.4 and Sec. 287.055 Fla Slats.), purchase, lease, permit, concession or management agreement shall, within five (5) business days of the filing of such recommendation, submit an affidavit under the penalty of perjury. on a form provided by the County: stating eHher that the contractor is not related to any of the other parties bidding In the competitive SOlicitation or Identifying all related parties, as defined in this Section, which bid in the solicitalion; and attesting that the contractor's proposal is genuine and not sham or collusive or made in Ihe interest or on behalf of any person not therein named, and that the contractor has not. directly or indirectly. induced or solicited any other 'proposer to put i1 a sham proposal. or any other person, firm, or corporation to refrain from proposing. and that the proposer has not In any manner sought by collusion to secure to the proposer an advantage over any other proposer. In the event a recommended contractor identifies related parties in lhe competitive solicitation lis bid shall be presumed to be· collusive and the recommended contractor shall be ineligible for award unless that presumption is rebutted in accordance with the provisions of Sec. 2·8.1.1. Any person or entity that fails to submit Ihe required affidavit shall be ineligible for contract award. . A. The Collusion Affidavit will be included in all solicitations and will be requested from bidders/propcsers once bids/proposals are received and evaluated. B. Failure to provide a Collusion Affidavit within 5 business days after the recommendation to award has beon filed with the Clerk of the Board shall be cause for the contractor \0 forfeit their bid bond. 1.21. MODIFICATION OF cONTRACT The contract may be modifieq by mutual consent, in writing through the Issuance of a modification to the contract, purchase order, change order or award sheet, as appropriate. 1.22.TERMINATION FOR CONVENIENCE Th" County, at its sole discretion, reserves Ihe right to terminate this contract without cause upon thirty. (30) days written notice. Upon receipt 01 such notice, the successful Bidder shall not incur any additional cosls under this contract. The County shall be tiable only for reasonable costs incurred by the successful Bidder prior to notice of termination. The County shall be the sole judge of "reasonable cOsls." 1.23. TERMINATION FOR DEFAULT The County reserves the right to terminate this contract, in part or in whote, or place the vendor on probalion in the event the successfUl Bidder fails to perform in accordance wilh Ihe terms and conditions stated herein. The County further reserves tlie right to suspend or debar the successful Bidder in accordance with the appropriate Counly Revised 12/1/09 MIAMI-DADE COUNTY BID NO.: 8734-1/21 SECTION 1 QENERAL TERMS AND CONDITIONS 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 borne by the successful Bidder. 1.24. FRAUD AND MISREPRESENTATION Pursuant to Section 2-8.4.1 of the Miami-Dade County Code, any Individual, corporation or other entity that attempts to meet its conlractual 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. ACCESS TO RECORDS The County reserves the 'right to require the Contractor to submit to an audit by Audit and Management Services, the Commission Auditor, 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. 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 Coniracior agrees to provide such assistance as may be neceS5ary iu facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 1.26 OFFICE OF THE INSPECTOR GENERAL Mlarnl-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, perfomn 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 of the County Code. 1.27 PRE·AWARD INSPECTION The County may conduct a pre-award inspection of the bidder's site or hold a pre-award qualificalion hearing to determine if the bidder is capable of performing the requirements of this bid solicitation. 1.28 PROPRIETARY/CONFIDENTIAL INFORMATION Bidders are hereby nolified 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 infomnation 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 infomnation 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 aclivity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health. tnsurance Portability and Accountability Act (HIPAA) of 1996 and the Miami-Dade County Privacy Standards Administrative Order. HIPAA mandates for privacy, • V- security and electronic transfer standards that include but "re not limited to: 1. 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 IIHI/PHI 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 Miaml·Dade County for an accounting of disclosures; and 8. Making Inteinal practices, books and records related to PHI available to Miami·Dade County for compliance audits. PHI shall maintain Its protected status regardless of the fomn and method of transmission (paper records, and/or electronic tmnsfer of data). The Bidderl Proposer must give its customers written notice of its privacy information practices including specifically, a description of the tvoas of uses and dISClosures that would be made with protected healiti Information. . 1.30. CHARTER COUNTY TRANSIT SYSTEM SALE 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 for those portions of a Blanket Purchase Order (BPO) utilizing Charter County Transit System Sales Surtax funds as part of a multi- department contract, nor a contract utilizing Charter County Transit System Surtax funds shall be effective and thereby give rise to a contractual relationship with the County for 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 (CITT) has approved Inclusion of the Surtax funding on the contract, or, iI) in response to the CITT's disapproval, the County CommIssion reaffimns award of the contract by two-thirds (2/3) vote of the CommissIon'S membership and such reaffirmation becomes final. Notwithstanding the other provisions of Section 1.30, award of an allocation for services in support of the CITT's oversight which does not exceed $1000 will not require Commission or CITT approval and may be awarded by the Executive Director of the OCITT 1.31 LOBBYIST CONTINGENCY FEES A) In accordance with Section 2·11.1(5) of the Code of Miami-Dade County, after May, 16, 2003, no person may, in whOle or in part, pay. give or agree to payor give a contingency fee to anothor 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 dependent on or in any way contingent upon the passage, defeat, or modification of: 1) any ordinance, resolution, action or decision of the County Commission; 2) any action, decision or recommendation of the County Manager or any County board or committee; or 3) any action, decision or recommendation of any County personnel during the time period of the entire decision-making process regarding .such action, decision or recommendation which forseeably will be heard or reviewed by the County Commission or a County board or committee. 1.32 COMMISSION AUDITOR -ACCESS TO RECORDS Pursuant to Ordinance No. 03-2, all vendors receiving an award of the contract resulling from this solicitation will grant access to the Commission Auditor to all financial and performance related records, property. and equipment purchased In whote or in part with government funds . Revised 1211/09 MIAMI-DADE COUNTY SECTION 2 SPECIAL CONDITIONS BID NO.: 8734-1/21 BLEACHERS FURNISH, DELIVER, ASSEMBLE AND INSTALL 2.1 PURPOSE The purpose of this solicitation is to establish a contract for the purchase, delivery, assembly and installation of bleachers, in conjunction with the County's needs. on an as needed when needed basis. 2.2 CONTRACT MEASURES GROUP (A) No measures -Federally Funded Projects GROUP (B) Non Federally Funded Projects -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 valued up to $1 million and a 5% percent bid preference shall apply to contracts greater than $1 million. A SBE/Micro Business Enterprise must be certified by the Department of Small Business Development (SBD) 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 Small Business Development at 305-375-CERT (2378) or access Miami- Dade County -Small Business Development -Certification Process 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 PRE-BID CONFERENCE -INTENTIONALLY OMITTED 2.4 TERM OF CONTRACT FIVE (5) YEARS 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 distributed by the County's Department of Procurement Management, and contingent upon the completion and submittal of all required bid documents. The contract shall expire on the last day of the last month of the contract term. 2.5 OPTION TO RENEW FOR AN ADDITIONAL FIVE (5) YEARS WITH PRICE ADJUSTMENTS Prior to, or upon completion, of that initial term, the County shall have the option to renew this contract for an additional five (5) year period, concurrently. The vendor shall maintain, for the entirety of the stated additional period, the same terms, and conditions included within the originally awarded contract. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a County prerogative, and not a right of the vendor. --6 -- MIAMI-DADE COUNTY SECTION 2 SPECIAL CONDITIONS BID NO.: 8734-1/21 BLEACHERS FURNiSH, DEliVER, ASSEMBLE AND iNSTALL This prerogative may be exercised only when such continuation is clearly in the best interest of the County. Should the vendor decline the County's right to exercise the option period, the County will consider the vendor in default which decision shall effect that vendor's eligibility for future contracts. 2.6 METHOD OF AWARD TO MULTIPLE LOWEST PRICED VENDORS IN THE AGGREGATE PER GROUP GROUP (A) -Federally Funded Projects GROUP (B) -Non Federally Funded Projects Award of this contract will be made to two (2) responsive, responsible vendors who submit an offer on all items listed in the solicitation and whose offer represents the lowest price when all items are added in the aggregate per group. While the award will be made to multiple vendorstoassure availability. the lowest priced vendor for each group, shall be the primary vendor and shall have the initial responsibility to perform under this contract. In the . event the primary vendor defaults, the secondary vendor shall be responsible for performing the contractual obligations of this contract. Award to multiple vendors is made for the convenience of the County and does not exempt any awarded vendor from fulfilling contractual obligations. Failure to perform as noted may result in the vendor(s) being deemed in breach of contract. The County may terminate the contract for default and charge the vendor re-procurement costs, if applicable. Notwithstanding the aforementioned Method of Award, the County, at its option, may avail itself of any or all of the provisions stated in Section 1, Paragraph 1 .5, Award of Bid Solicitation. 2.7 PRICES Vendors' prices shall remain fixed and firm for a period of one (1) year from the time of contract commencement. After this period, vendors shall have the option to submit price adjustments prior to each contract anniversary date. Prior to, or upon completion, of the contract anniversary date, the County may consider an adjustment to price based on changes in the following pricing index: Consumer Price Index For All Urban Consumers (CPI-U)' Other Recreational Good!=;. It is the vendor's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of the contract anniversary date, the vendor's request for adjustment shall be submitted 90 days prior to expiration of the then current contract term. The vendor adjustment request should not be in excess of the relevant pricing index change. If no adjustment request is received from the vendor, the County will assume that the vendor has agreed that the contract period will continue without pricing adjustment. --7 -- MIAMI-DADE COUNTY SECTION 2 SPECIAL CONDITIONS BID NO.: 8734-1/21 BLEACHERS FURNISH, DELIVER, ASSEMBLE AND INSTALL Any adjustment request received after the commencement of a new anniversary date may not be considered. The County reserves the right to negotiate lower pricing during the contract term based on market research information or other factors that influence price. The County reserves the right to apply any reduction in pricing for the remainder of the contract term based on the downward movement of the applicable index. The County reserves the right to reject any price adjustments submitted by the vendor and/or to not exercise any otherwise available term (s) based on such price adjustments. Should the vendor decline the County's right to exercise the optional periods, the County may consider the vendor in default which decision may affect that vendor's eligibility for future' contracts. 2.8 EXAMINATION OF COUNTY FACILITIES AND INSPECTION OF COUNTY EQUIPMENT -INTENTIONALLY OMITTED 2.9 EQUAL PRODUCT -INTENTIONALLY OMITTED 2.10 LIQUIDATED DAMAGES -INTENTIONALLY OMITTED 2.11 IINDEMNIFICATION AND INSURANCE (1) -GENERAL SERVICE AND MAINTENANCE CONTRACT 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 1 st 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: --8 -- MIAMI~DADE COUNTY SECTION 2 .SPECIAL CONDITIONS BID NO.: 8734-1/21 BLEACHERS FURNiSH, DEliVER, ASSEMBLE AND iNSTAll A. Worker's. Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. General 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 A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. 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 Financial Services 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: MIAMI-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. The vendor shall submit a certificate of insurance within ten (10) business days after notification of recommendation to award. If certificate does not include the coverage's outlined in the terms and conditions of this solicitation, the vendor shall be given an additional five (5) business days to submit a corrected certificate to the County. --9-- MIAMI-DADE COUNTY SECTION 2 SPECIAL CONDITIONS BID NO.: 8734-1/21 BLEACHERS FURNISH, DELIVER, ASSEMBLE AND INSTALL Failure of the vendor to provide the required certificate of insurance within fifteen (15) business days, may result in the vendor being deemed non-responsible and the issuance of a new award recommendation. . 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 wah Section 1, Paragraph 1.23 of this solicitation. 2.12 BID GUARANTY -INTENTIONALLY OMITTED .2.13 PERFORMANCE BOND -INTENTIONALLY OMITTED 2.14 CERTIFICATIONS -INTENTIONALLY OMITTED 2.15 METHOD OF PAYMENT 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 --10-- MIAMI-DADE COUNTY SECTION 2 SPECIAL CONDITIONS BID NO.: 8734-1/21 BLEACHERS FURNISH, DEliVER, ASSEMBLE AND iNSTALL • Invoice number Vendor's Federal Identification Number on file with Miami-Dade County II. County Information: Miami-Dade County Release Purchase Order or Small Purchase Order Number III. Pricing Information: Unit price of the goods, services or property provided Extended total price of the goods, services or property Applicable discounts IV. Goods or Services Provided per Contract: Description Quantity V. Delivery Information: Delivery terms set forth within the Miami-Dade County Release Purchase Order . Location and date of delivery of goods, services or property VI. Failure to Comply: Failure to submit invoices in the prescribed manner will delay payment. 2.16 SHIPPING TERMS F.O.B. DESTINATION All vendors 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. 2.17 DELIVERY SHALL BE THIRTY (30) DAYS AFTER DATE OF ORDER The vendor shall make deliveries within thirty (30) 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 nature, 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 a purchase order is awarded fail to deliver in the number of days stated above, the County reserves the right to cancel the order on a default basis after any back order period that has been specified in this contract --11 -- MIAMI-DADE COUNTY SECTION 2 SPECIAL CONDITIONS BID NO.: 8734-1/21 BLEACHERS FURNISH, DELIVER, ASSEMBLE AND INSTALL has lapsed. If the order 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 vendor from 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 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 vendor from the contract for default. 2.19 WARRANTY SHALL BE ONE YEAR FROM DATE OF ACCEPTANCE A. Type of Warranty Coverage Required In addition to all other warranties that may be supplied by the vendor, the vendor shall warrant its products and/or service against faulty labor and/or defective material, for a minimum period of one (1) year after the date of acceptance of the labor, materials and/or equipment by the County. This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the vendor is under contract with the County at the time of defect. Any payment by the County on behalf of the goods or services received from the vendor does not constitute a waiver of these warranty provisions. B~ Correcting Defects Covered Under Warranty The vendor shall be responsible for promptly correcting any deficiency, at no cost to the County, within ten (10) calendar days after the County notifies the vendor of such deficiency in writing. If the vendor fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the County may, at its discretion, notify the vendor, in writing, that the vendor may be debarred as a County vendor and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the County within ten (10) calendar days of receipt of --12 -- MIAMI-DADE COUNTY SECTION 2 SPECiAL CONDITIONS BID NO.: 8734-1/21 BLEACHERS FURNiSH, DEliVER, ASSEMBLE AND i~STALL the notice: If the vendor fails to satisfy the warranty within the period specified in the notice, the County may (a) place the vendor in default of its contract, and/or (b) procure the products or services from another vendor and charge the vendor for any additional costs that are incurred by the County for this work or items; either through a credit memorandum or through invoicing. 2.20 CONTACT PERSONS For any additional information regarding the specification and requirements of this contract, Contact: Martha Garofolo, at (305) 375-1402 or email: marthag@miamidade.gov. 2.21 COUNTY USER ACCESS PROGRAM (UAP) GROUP (B) ONLY 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 approve 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 --13-- MIAMI-DADE COUNTY SECTION 2 SPECIAL CONDITIONS BID.NO.: 8734-1/21 BLEACHERS FURNISH, DELIVER, ASSEMBLE AND INSTALL Charged Back" basis. This allowance shall only be made when expressly authorized by a representative of the ordering entity prior to shipping the goods. Miami-Dade County shall have no liability to the vendor for the cost of any purchase made by an ordering entity under the UAP and shall not be deemed to be a party thereto. All orders shall be placed directly by the ordering entity with the vendor and shall be paid by the ordering entity less the 2% UAP. Vendor Compliance If a vendor fails to comply with this section, that vendor may be considered in default by Miami-Dade County in accordance with . Section 1, Paragraph 1.23 of this contract solicitation and the resulting contract. 2.22 LICENSES -PERMITS AND FEES Vendor(s) shall obtain and pay for all licenses, permits and inspection fees required for each individual project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Damages, penalties and or fines imposed on the County or the vendor for failure to obtain required licenses, permits or fines shall be borne by the vendor. 2.23 CLEAN-UP All unusable materials and debris shall be removed from the premises at the end. of each workday and or completed project, 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 A. STANDARDS All items to be purchased under this bid shall be in accordance with all governmental standards, to include, but not 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). B. REGULATIONS GROUP (Al ONLY Since the goods, services, and/or equipment that will be acquired under this bid solicitation will be purchased, in part or in whole, with federal dollars, it is hereby agreed and understood that Section 60-250.4, Section 60-250.5 and Section 60- 741.4 of Title 4 of the United States Code, which addresses Affirmative Action requirements for handicapped workers, is incorporated into this bid by reference. Certain clauses within this solicitation do not apply to federally funded agencies, --14 -- MIAMI-DADE COUNTY SECTION 2 SPECIAL CONDITIONS BID NO.: 8734-1/21 BLEACHERS FURNISH, DEliVER, ASSEMBLE AND iNSTAll Department's allocation: Section 1 Paragraph 1.10 (Local Preference), Section 1 Paragraph 1.26 (Office of the Inspector General), Section 2 Paragraph 2.2 (Small Business Contract Measures), and Section 2 Paragraph 2.21 (County User Access Program -UAP). 2.25 lABOR, MATERIALS AND EQUIPMENT Vendor(s) shall furnish all labor, material and equipment necessary for satisfactory contract performance at no charge to the County. When not specifically identified in the· technical specifications, such materials and equipment shall be ofa suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval by an authorized County's project manager. 2.26 AVAILABILITY OF CONTRACT TO OTHER COUNTY DEPARTMENTS AND OTHER GOVERNMENTAL AGENCIES It is hereby agreed and understood that any County department or other governmental agencies may avail itself of this contract and purchase any and all items specified herein from the vendor(s) at the contract price(s) established herein. Under these circumstances, a separate purchase order shall be issued by the County, which identifies the requirements of the additional County department(s) or agency (ies). . 2.27 PURCHASE OF OTHER ITEMS NOT LISTED WITHIN THIS SOLICITATION BASED ON PRICE QUOTES There may be similar items that must be purchased by the County during the term of this contract. Under these circumstances, a County representative will contact the primary vendor to obtain a price quote for the similar items. If there are multiple vendors on the contract, the County representative may also obtain price quotes from these vendors. The County reserves the right to award these similar items to the primary contract vendor, another contract vendor based on the lowest price quoted, or to acquire the items through a separate solicitation. --15-- MIAMI-DADE COUNTY SECTION 3 TECHNICAL SPECIFICATION BLEACHERS FURNISH, DELIVER AND ASSEMBLY 3.0 SCOPE BID NO.: 8734-1/21 The purpose of this solicitation is to establish a contract for the purchase, delivery, assembly and installation of bleachers in conjunction with the County's needs on an as needed when needed basis. 3.1 DESIGN STANDARD Bleachers shall be designed to support, in addition to their weight, a uniformly distributed live load of not less than 120 pounds per square foot of gross horizontal projection of the bleachers. All seat and foot plank members shall be designed to support not less than 125 pounds per linear foot, over a 6 foot span, mUlti-span condition. Bleachers shall be designed to resist, with or without live load, a horizontal wind load of 30 pounds per square . fo()t of gross vertical projection. Bleachers shall be designed to resist, in addition to the live load, sway forces applied to the seats, in a direction parallel to the direction of the seat planks, 24 pounds per linear foot of seat plank, and separately, in a direction perpendicular to the direction of the seats, 1 Opounds per linear foot of seat plank. 3.2 FRAMES Galvanized steel frames shall be fabricated from A36 alloy steel angles using full welds at all joints to give added strength. A combination of 2" x 2" x 3/16" and 1 3;4" x 3/16" angles shall be used, as required for strength throughout each frame. Connecting "X" braces are 1 W wide by 114" thick A36 alloy steel. All parts shall be hot-dip galvanized after fabrication. Aluminum angle frames shall be fabricated from 2" x 2" x 3/16" 6061-T6 alloy aluminum angles using a punched and bolted type construction for maximum strength and safety. All mainframe components are pre-assembled with large W' diameter bolts, lock washers and nuts. This bolted aluminum frame provides strong joints that will not develop weld cracks. 3.3 RAILING Guardrails shall be 4" spacing vertical bar type (galvanized steel). 3.4 BLEACHER PLANKS Aluminum seat planks shall be used for the aluminum frame bleachers and shall be 6063-T6 extruded aluminum, which is clear anodized to standard 204-R1 specification. Standard 8" rise per row shall use 2" x 10" seats. six (6) inch rise shall use 2" x 12" seats. Walk boards shall be 2" x 1 A" 6063-T6 extruded mill finish aluminum. End caps (anodized) and hold down clips shall also be extruded aluminum. Wood seats and walk boards shall be 2" x 10" precision drilled, pressure treated and kiln dried No. 1 southern yellow pine and shall be used for the galvanized steel frame. 3.5 INSTALLATION The vendor shall install the bleachers on existing concrete pads. --16.-- MIAMI-DADE COUNTY Submit Bid To: CLERK OF THE BOARD Stephen P. Clark Center 111 NW 1st Street 17th Floor, Suite 202 Miami, Florida 33128-1983 SECTION 4 BID SUBMITTAL FORM MIAMI· ~ BID NO.: 8734-1/21 OPENING: 2:00 P.M. WEDNESDAY May 18, 2011 PLEASE QUOTE PRICES F.O.B. DESTINATION,FREIGHT ALLOWED, LESS TAXES, DELIVERED INMIAMI-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 DPM Date Issued: 4/25/11 by:M.G. Purchasing Division This Bid Submittal Consists of Pages 17 through 20, plus affidavits 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 the Clerk of the Board 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. BLEACHERS FURNISH, DELIVER AND ASSEMBLY A Bid Deposit in the amount of NI 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 HIGHER THAN LOW NON-RESPONSIVE NON-RESPONSIBLE DATE B.C.C. NOBID ITEM NOS. ACCEPTED -I COMMODITY COD~ 650,650-38,075-08305-05,931-05,931-65,988-03 I MARTHA GAROFO~O I PROCUREMENT CONTRACTING OFFICER RETURN ONE ORIGINAL AND TWO COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS. FAILURE TO COMPLETE THE CERTIFICATION REGARDING LOCAL PREFERENCE ON PAGE 20 OF SECTION 4, BID SUBMITTAL FORM SHALL RENDER THE VENDOR INELIGIBLE FOR LOCAL PREFERENCE FAILURE TO SIGN PAGE 20 OF SECTION 4, BID SUBMITTAL FORM, WILL RENDER YOUR BID NON- RESPONSIVE --17-- MIAMI-DADE COUNTY BID NO.: 8734-1/21 SECTION 4 BID SUBMITTAL FOR: BLEACHERS FURNISH, DELIVER AND ASSEMBLY GROUP (A) FEDERALLY FUNDED PROJECTS ITEM ESTIMATED DESCRIPTION UNIT PRICE EXTENDED QUANTITY PRICE Five (5) rows x 15' aluminum angle 1 48 . frames bleachers inciudinQ assembly $ / EACH $ 32 $ / EACH $ GROUP (A) TOTAL LINE ITEMS 1 AND 2 $ __________ _ GROUP (8) NON -FEDERALLY FUNDED PROJECTS ITEM ESTIMATED DESCRIPTION UNIT PRICE EXTENDED QUANTITY PRICE Five (5) rows x 15' aluminum angle 1 12 frames bleachers including assembly $ / EACH $ 8 $ / EACH $ GROUP (8) TOTAL LINE ITEMS 1 AND 2 $ __________ _ -18 - MIAMI~DADE COUNTY BID NO.: 8734-1/21 SECTION 4 BID SUBMITTAL FOR: BLEACHERS FURNiSH, DEliVER AND ASSEMBLY ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART) 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: D NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: _" ____________________ _ AUTHORIZED SIGNATURE: __________ _ DATE: ___ _ TITLE OF OFFICER: ________ _ -19 - MIAMI-DADE COUNTY SECTION 4 BID SUBMITTAL FOR: BLEACHERS FURNISH, DELIVER AND ASSEMBLY MIAM~ en BID SUBMITTAL FORM Bid Title: BLEACHER FURNISH, DELIVER AND ASSEMBLY BID NO.: 8734-1/21 By signing this Bid Submittal Form the Bidder certifies that it s;eltisfies alt'iegal 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 C(lUnty .<;ode as amended, prior to conducting any lobbying regarding this solicitalion, 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 undersig'ned 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 Miami-Dade County Ordinance 94-34, 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. . o Place a check mark here only if bidder has such conviction to disclose to comply with this requirement. LOCAL PREFERENCE CERTIFICATION: 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. . o Place a check mark here only if affirming bidder meets requirements for Local Preference. Failure to complete this certification at this time (by checking the box above) shall render the vendor ineligible for Local Preference. LOCAL CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISE CERTIFICATION: A Local Certified Service-Disabled Veteran Business Enterprise is a firm that is (a) a local business pursuant to Section 2-8.5 of the Code of Miami-Dade County and (b) prior to bid submission is certified by the State of Florida Department of Management Services as a service-disabled veteran business enterprise pursuant to Section 295.187 of the Florida Statutes. o Place a check mark here only if affirming bidder is a Local Certified Service-Disabled Veteran Business Enterprise. A copy of the certification must be submitted with this proposal. 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~~~ ____ __ 8. 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-jor-profit entities located outside the geographical boundaries of Miami-Dade County? Yes No ____ ~ ____ __ Firm Name: StreetAddre-s-s-: ---------------------------------------------- Mailing Address ifdifferent):, __________________________________ _ Telephone No. _____________ _ Fax No. ___________ _ Email Address: _________________ _ Prompt Payment Terms: __ % __ days net __ days • "By signing this document the bidder agrees to al/ Terms and Conditions of this Solicitation and the resulting Contract'" (Please see paragraph 1.2 H of General Terms and Conditions) Signature: (Signature of authorized agent) Print Name: ~~ _______________ _ Title:~-c_::__=--:-:-ccc::_::_::_cc_::__=~-__:_----__:_- THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATiON WHERE INDICATED ABOVE BY AN AUTHORiZED REPRESENTATiVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE COUNlY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHiCH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. -20- APPENDIX AFFIDAVITS FORMAL BIDS MIAMI-DADE COUNTY Miami-Dade County Department of Procurement Management Affirmation of Vendor Affidavits BID NO.: 8734-1/21 In accordance with Ordinance 07-143 amending Section 2-8.1 of the Code of Miami-Dade County. effective June 1. 2008. vendors are required to complete a new Veridqr Registration Package. including a Uniform Affidavit Packet/Vendor Affidavits Form). before being awarded a new contract. The undersigned affirms that the Vendor Affidavits Form submitted wilh the Vendor Registration Package is curren!. complete and accurate for each affidavit listed below. Contract No. : Contract Tille: Federal Employer _____________ Idenllflcollon Number (FEIN): Affidavi,s and legislation/ Governing Body ·1~·~ ftiiCimf-'i5acie~co'un'y-OwnerShiP"'ijj$cjos-ure-~--'---'.---... if'--Mkimi.Da{jeCouniYV~ndo( Ob;Tgalfonfo·Cou;)iy---····--- Sec. 2-8. I of the County Code Section 2·8. I of the County Code 2.---Miami:i5ade'C'ouniy-i§mp7oynlent'-DlsciOsuie~"'-'~'" "'-"--~-'~ 7~'~ --Miami:Dad~ CouniyCode·ofBu$lness·Eihics·---····· .. A .. --... ~ •• County Ordinance No. 90·133, omending'Section2.8·) (dJ(2j of Article I. Section 2·iU/iJ and 2-J1(b}{I) of the County Code tllrolJgh (6) the Counly Code and (9] o( the County Code and Counly Ordinorn::e No 00-r amending Section 2-1/, lie) of fhe CounlyCode :f-"'Mlami~D~decounly-fmpioyme~iijrvg':fie;;-'--~ 8. Miami-Dade County Family leave Article V of Chapter II of the County Code Workplace Certificafion section 2-8.1.2(b) f.lhe Counly Code 4:" -·Mlaml=DadeCounfyDlsabiii,yNon:olscrilnlnaffo/i-----9.-"Mlaml~Dade-CountYiivil1gWcige· .-----.. -.-.. ---_ ... -.... -.. Article I. Section 2-8.1.5 Resolulion R 182·00 amending Section 2-8.9 of the County Code R·385·95 S.-· .. Mlaml-DadeCoun/Y-OebarmenfOisciosure-.. ·· .. ····-_· {if. "Mfam1-DadeCoui;ty-i5omes'i{c Leaveand Reporting .... · Sedion 10.38 of the Counly Code Article 8. Section 11A-60 IIA-67 of the County Code Printed Name of Affiont Printed Title of Afliant Signature 01 Affiant Name 01 firm Dote Address of Firm State Notary Public Information Notary Public -State of Coun!yof Subscribed and sworn to (or offirmed) before me Ihis _____ . _____ day of. ------._--_. 20 ________ ._._. by __ . __ ._ .. _.,, ___ . ------_ .. -._-_.-.-He or she is personally known to me 0 or hos produced Idenllflcation 0 lype of identification produced Signature of Notary Public Serial Number _·_-·p;;;:;tor Stamp of Notary Public Expira!lon Oate Nolary Public Seal Page 1 of 3 Revised 2/11/11 MIAMI-DADE COUNTY BID NO.: 8734-1/21 FAIR SUBCONTRACTING PRACTICES (Ordinance 97-35) In compliance with Miami-Dade County Ordinance 97-35, the Bidder shall submit with the bid proposal a detailed statement of its policies and procedures (usc separate sheet if necessary) for awarding subcontractors in accordance with Section 1, Paragraph 1.15 o NO SUBCONTRACTORS WILL BE UTILIZED FOR THIS CONTRACT Signature Date Page 2013 Revised 2111/11 MIAMI-DADE COUNTY BID NO.: 8734-1/21 SUBCONTRACTOR/SUPPLIER LISTING (Ordinance 97-104) ~rmNameofPrimeContrac~rlR~ponde~:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Bid No.: ~ _____________ _ Title: ______ -.., _________________ _ This forms, or a comparable listing meeting the requirements of Ordinance No. 97-104 MUST be completed, signed and sUbmitted by all bidders and respondents on County contracts for purchases of supplies, materials or services, including professional services which involve expenditures of $100,000 or more, and all bidders and respondents on County or Public Health Trust construction contracts which involve expenditures of $100,000 or more. A bidder or respondent who is awarded the contract shall not change or substitute first tier subcontractors or direct suppliers or the portions of the contract work to be performed or materials to be supplied from those identified, except upon written approval of the County. . This form, or a comparable listing meeting the requirements of Ordinance No. 97-104, MUST be completed, signed and submitted even though the bidder or proposer will not utilize subcontractors or suppliers on the contract The bidder or proposer should enter the word "NONE" under the appropriate heading of sub form 100 in those instances where no subcontractors or suppliers will be used on the contract. Business Name and Address of First Tier Principal Owner Scope of Work to be Performed by (Principal Owner) SubcontractorlSubconsultant SuhcontractorlSubconsultant Gender Race Business Name and Address of Direct Principal Owner Supplies/Materials/Services to be (principal Owner) Supplier Provided by Supplier Gender Race - I certify that the representations contained in this Subcontractor/Supplier Listing are to the best of my knowledge true and accurate Prime Contractor/Respondent's Signature Print Name Print Title Date (Duplicate if additional space is needed) FORM 100 Page 3013 Revised 2111 !11