Contract with - TCS Empire, Inc.~•
TITLE:
c 2 r3
CITY OF MIAMI BEACH
CERTIFICATION OF CONTRACT
EMERGENCY BOARD-UP AND SECURING SERVICES
CONTRACT NO.: 11-09/10
EFFECTIVE DATE(S): February 3, 2010 through February 2, 2011. Providing the successful
bidder(s) will agree to maintain the same price, terms and conditions
of the current contract, this contract could be extended for an
additional two (2) years, on a year to year basis, if mutually agreed
upon by both parties.
SUPERSEDES
CONTRACTOR(S):
N/A
TCS Empire, Inc.
ESTIMATED ANNUAL CONTRACT AMOUNT: N/A
A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the
City of Miami Beach, Florida, on February 3, 2010, for approval to award contracts, upon
execution between the City of Miami Beach Florida and Contractor(s).
B. EFFECT -This Contract is entered into to provide emergency board-up and securing
services for the City of Miami Beach, pursuant to City Invitation to Bid (ITB) No. 11-
09/10 and any addenda thereto, and Contractor's bid in response thereto (this Contract,
the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred
to as the "Contract Documents").
C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in
accordance with the City of Miami Beach Procurement Division policies and procedures,
at the prices indicated, exclusive of all Federal, State and local taxes.
All blanket purchase orders shall show the City of Miami Beach Contract Number 11-
09/ 10.
D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any
failure of Contractor for emergency board-up and securing services according to the
requirements of the Contract Documents to Alex Rey, City of Miami Beach, Building
Department Director at 305-673-7000 ext. 7610.
E. INSURANCE CERTIFICATE(S) -The Contractor shall file Insurance Certificates, as
required, which must be signed by a Registered Insurance Agent licensed in the State of
Florida, and approved by the City of Miami Beach Risk Manager prior to delivery of
supplies, and/or commencement of any services/work by Contractor.
MIAMI BEACH
2~3 ~ea
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Certification of Contract
F. ASSIGNMENT AND PERFORMANCE -Neither this Contract nor any interest herein
shall be assigned, transferred, or encumbered by either party without the prior written
consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or
any portion of work, and/or services required by the Contract Documents without the
prior written consent of the City. Contractor warrants and represents that all persons
providing/performing any supplies, work, and/or services required by the Contract
Documents have the knowledge and skills, either by training, experience, education, or a
combination thereof, to adequately and competently provide/perform same, to City's
satisfaction, for the agreed compensation.
Contractor shall provide/perform the supplies, work, and/or services required under the
Contract Documents in a skillful and respectable manner. The quality of the Contractor's
performance and all interim and final product(s) provided to or on behalf of City shall
meet the City's cleanliness standards for City facilities and parking garages.
G. SERVICE EXCELLENCE STANDARDS -Excellent Customer Service is the standard
of the City of Miami Beach. As a Contractor of the City, Contractor will be required to
conduct itself in a professional, courteous and ethical manner, and at all times and adhere
to the City's Service Excellence standards. Training will be provided by the City's
Organizational Development and Training Specialist.
H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section
287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other
provider, who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to
the City, may not submit a bid on a contract with the City for the construction or repair of
a public building or public work, may not submit bids on leases of real property to the
City, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with the City, and may not transact any business with the City
in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two purchases for a period of 36 months from the date of being placed on the
convicted vendor list. Violation of this section by Contractor shall result in cancellation
of the Contract and may result in Contractor debarment.
I. INDEPENDENT CONTRACTOR -Contractor is an independent contractor under this
Contract. Supplies, work, and/or services, provided by Contractor pursuant to the
Contract Documents shall be subject to the supervision of Contractor. In providing such
supplies, work, and/or services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. This Contract shall not constitute or make the parties a
partnership or joint venture.
J. THIRD PARTY BENEFICIARIES -Neither Contractor nor City intends to directly or
substantially benefit a third party by this Contract and/or the Contract Documents.
Therefore, the parties agree that there are no third party beneficiaries to this Contract and
that no third party shall be entitled to assert a claim against either of them based upon this
Contract and/or the Contract Documents.
2
Certification of Contract
The parties expressly acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Contract and/or the Contract
Documents.
K. NOTICES -Whenever either party desires to give notice to the other, such notice must be
in writing, sent by certified United States Mail, postage prepaid, return receipt requested,
or by hand-delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified. The place for
giving notice shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the parties designate the following:
For City:
Gus Lopez, Procurement Director
City of Miami Beach
Procurement Division
1700 Convention Center Drive
Miami Beach, Florida 33139
With copies to:
Alex Ray, Building Department Director
City of Miami Beach
Building Department
1700 Convention Center , 2"d Floor
Miami Beach. Florida 33139
For Contractor:
TCS Empire, Inc.
14395 S.W. 139` Court, Ste. 102
Miami, Florida 33186
Attn: Angel M. Pareia
Phone:305-234-8355
Fax:305-675-0342
Email: info(r~tcsempire.com
L. MATERIALITY AND WANER OF BREACH -City and Contractor agree that each
requirement, duty, and obligation set forth in the Contract Documents is substantial and
important to the formation of this Contract and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach of a
provision of this Contract shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Contract.
3
M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless City or Contractor elects to terminate this Contract. An
election to terminate this Contract based upon this provision shall be made within seven
(7) days after the finding by the court becomes final.
N. APPLICABLE LAW AND VENUE -This Contract and/or the Contract Documents shall
be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either
party with respect to the enforcement of any or all of the terms or conditions herein
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Contract, Contractor and City hereby expressly waive any rights
either party may have to a trial by jury of any civil litigation related to, or arising
out of the Contract and/or the Contract Documents. Contractor, shall specifically
bind all subcontractors to the provisions of this Contract and the Contract
Documents.
O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions
contained herein, or in the Contract Documents, shall be effective unless contained in a
written document prepared with the same or similar formality as this Contract and
executed by the City and Contractor.
P. This Contract shall not be effective until all bonds and insurances) required under the
Contract Documents have been submitted to, and approved by, the City's Risk Manager.
Q. The ITB and all addenda issued, and Contractor's bid in response thereto, are attached to
this Contract and are hereby adopted by reference and incorporated herein as if fully set
forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any
and all of the documents incorporated by the Contract Documents. Where there is a
conflict between any provision set forth within (i) this Contract; (ii) the ITB; (iii)
Contractor's bid in response thereto, the more stringent provision (as enforced by the
City) shall prevail.
4
Certification of Contract
IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to
be signed and attested on this / Z day of ~ 20y~Lo, by their respective duly
authorized representatives.
CONTRACTOR
CITY OF MIAMI BEACH
By
ayo
.3 9-~v
Date
ATTEST:
City Clerk
3-9-~~
Date
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APPROVED AS TO
FORM & LANGUAGE
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ATTEST:
agCORV- CERTIFICATE OF LIABILITY INSURANCE OP ID DA °"'~"a"'°°"""'"
TCSEM-1 11 12 09
PRODIrC®t
Rahn-Carlin t Company, Inc.
3350 S . Dixie Bighxay THIS CERTflCATE Ni ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFER8 NO RIGHTB UPOM THE CERTIFICATE
NOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Miami FL 33133-9984
Phone: 305-dt6-2271 Fas:305-dG8-3127
INSURERS AFFORDING COVERAGE
NAtCS
°~ INauRERA: Gotham insurance n
INSURER a SOA Inausanae C
TCS ire Ino.
~ INSURERc
~ Ct 1102
338 SW ~
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CAVERAGES
THE POUGES OF NiSURANCE LISTED BEIOW HAVE BEEN 188<lED ro TIE INSI1Rm NAYED ABOVE FOR TIBi POLICY PER100INDIdITED. NOTVITNSTANDING
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IMPORTANT
If the oertiflcate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certfficate does not confer rights to the certfficate holder in lieu of such endorsement(s).
If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the cert(flCete
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized represerdative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
Fam w•s 9tev. t-2o0tJ raga 2
Specific Instructions
Name. K you are en tntliNdual you must
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COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award Contracts to A Quick Board Up Service, Inc., Pillar Consultants, Inc., And
TCS Empire, Inc. For Emergency Board Up And Securing Services, Pursuant to ITB No. 11-09/10, In The
Estimated Annual Amount of $150,000. __
Ensure Well-maintained infrastructure and Make the City more Business Friendly ~
supporting Data (Surveys, Environmental Scan, etc.): N!A
Issue:
Shall the City Commission Approve The Award of Contract?
Item Summa /Recommendation:
The purpose of Invitation to Bid No. 11-09/10 (the "Bid") is to pre-qualify bidders for the purchase of
emergency board-up and securing services whereas all work shall include the furnishing of all materials,
labor, supervision, means of transportation, permits, licenses, equipment and incidentals necessary for the
emergency board-up and in the securing of buildings and structures citywide on an as needed basis for the
term of the contract.
This contract shalt remain in effect for one (1) year from date of contract execution by the Mayor and City
Clerk, and may be renewed by mutual agreement for iwo (2) additional years, on a year to year basis.
The Bid was issued on October 26, 2009, with an opening date of December 21, 2009. Apre-bid meeting
to provide information to the bidders submitting a response was held on November 6, 2009.
BidNet issued bid notices to 56 prospective bidders, BidSync (formerly known as RFP Depot) issued bid
notices to 36 prospective bidders, and 14 additional bidders were notified by the Procurement Division via
mail, a-mail, and fax transmission, which resulted in the receipt of eight (8) bids.
After the Panel's review of the bidder's qualifications, experience, capability, and pertormance evaluations
received, it was determined to be in the best interest of the City to recommend awarding contracts to the
following lowest and best bidders: A Quick Board Up Service, Inc., Pillar Consultants, Inc., and TCS
Empire, Inc.
The contracts will offer more flexible resources to ensure that the Building Department fulfill the securing
and board up needs in a timely manner while always securing the lowest cost.
The contracts will bring overall savings at approximate 56 %, when compared to Independent Security and
last fiscal year overall costs of procuring board up and securing services.
THE ADMINISTRATION RECOMMENDS APPROVING THE AWARDS.
Source of Amount Account
Funds: ~ $ 150,000 Building Department Account No. 198-6801-000340
2
3
OBPI Total $ 150,000
Financial Impact Summary: N/A
Clerk's
Department Dir or As ity Manager City M er
AR GL PDW JMG
T:V~GENDAliG0101Februar~3\C:onsent~~ I tt-i ~-ua-~u tmergency ooaro up aerviccs-ounuua~y.~.,~ ~ d
~~~~ 9 AGENDA ITEM ca
DATE 2- ~ -/C7
f ~`" ' ~~ x,,,
iia . r ~_ ~' nr./~ ~'t
City o6 Ahiorree ~teoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, vrww.miamibeachfl.gov
CO~/ti~tISSION tv1EI~ORAI~IDUIV~
To: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: February 3, 2010
Suf3JECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS TO THE FOLLOWING
VENDORS: A QUICK BOARD UP SERVICES, INC., PILLAR CONSULTANTS,
INC., AND TCS EMPIRE, INC. AS THE LOWEST AND BEST BIDDERS,
PURSUANT TO INVITATION TO BID NO. 11-09/10, FOR EMERGENCY BOARD-
UP AND SECURING SERVICES IN THE ESTIMATED ANNUAL AMOUNT OF
$150,000.
ADMINISTRATION RECOMMENDATION
Approve the award of contracts.
BID AMOUNT AND FUNDING
Funding is available from the following Account:
$150,000 Building Department Account No. 198-6801-000340
The estimated annual amount is based on regular operational funding availability. These
contracts will be available for emergency circumstances, such as hurricanes, and additional
funding may become available.
KEY INTENDED OUTCOME SUPPORTED
Ensure Well-Maintained Facilities
Make the City more Business Friendly
ANALYSIS
The purpose of Invitation to Bid No. 11-09/10 (the "Bid") is to pre-qualify bidders for the
purchase of emergency board-up and securing services whereas all work shall include the
furnishing of all materials, labor, supervision, means of transportation, permits, licenses,
equipment and incidentals necessary for the emergency board-up and in the securing of
buildings and structures citywide on an as needed basis for the term of the contract.
This contract shall remain in effect for one (1) year from date of contract execution by the
Mayor and City Clerk, and may be renewed by mutual agreement for two (2) additional
years, on a year to year basis.
10
Commission Memorandum -ITB-11-09/10 Emergency Board-up and Securing Services
February 3, 2010
Page 2 of 5
BID PROCESS
The Bid was issued on October 26, 2009, with an opening date of December 21, 2009. A
pre-bid meeting to provide information to the bidders submitting a response was held on
November 6, 2009.
BidNet issued bid notices to 56 prospective bidders, BidSync (formerly known as RFP
Depot) issued bid notices to 36 prospective bidders, and 14 additional bidders were notified
by the Procurement Division via mail, a-mail, and fax transmission, which resulted in the
receipt of following eight (8) bids:
1. TCS Empire, Inc
2. SFM Services, Inc
3. Everglades Contracting Llc
4. Atlas Development and Construction Co. d/b/a Atlas Hurricane Shutters
5. A Quick Board Up Service, Inc
6. Pillar Consultants, Inc
7. Assured Contracting Llc
8. J.B. Builders & Contractors, Inc
The responsiveness test performed by the Procurement Division resulted in all bids received
being deemed responsive.
A Technical Review Panel ("the Panel") consisting of the following individuals reviewed the
responsive bids and made the final recommendation:
Adrian Avalos, Chief Building Code Compliance Officer, Building Department
Andrea Agha, Administrative Services Manager, Building Department
Richard McConachie, Assistant Director, Building Department
After the Panel's review of the bidder's qualifications, experience, capability, and
performance evaluations received, it was determined to be in the best interest of the City to
recommend awarding contracts to the following lowest and best bidders: A Quick Board Up
Service, Inc., Pillar Consultants, Inc., and TCS Empire, Inc. (See Appendix "A" -Tabulated
results).
The ITB process requested bidders to submit unit pricing for the items/tasks most frequently
used by the Building Department to properly secure buildings. The structure of this ITB
would allow the Building Department to anticipate and accurately estimate the cost of the
majority future board up or securing projects while guaranteeing the lowest possible cost.
COMPANY PROFILES
A Quick Board Up Service. Inc
A Quick Board Up Service, Inc. has been in business for twenty years and has provided
services for the City of Pompano Beach, City of Hollywood, City of North Miami Beach, City
of Lauderdale Lakes, Ciry of Lauderhill, and City of Fort Lauderdale. A Quick Board Up
Service, Inc. was highly rated by the performance evaluation surveys and the references
received. A Quick Board Up Service, Inc. is the lowest bidder and holds a General
Contractor license.
11
Commission Memorandum - ITB-71-09/10 Emergency Board-up and Securing Services
February 3, 2010
Page 3 of 5
Pillar Consultants. Inc
Pillar Consultants, Inc. has been in business for ten (10) years and has provided services for
the Davie Acres, Llc, Rodger L. Spink, PA, U-Pull-It, Southeast Properties, and Berman
Constructions. Pillar Consultants, Inc. was highly rated by the performance evaluation
surveys and references received. Pillar Consultants, Inc. is the second lowest bidder and
holds a General Contractor license.
TCS Empire. Inc
TCS Empire, Inc. has been in business for one year however, it has provided the same type
of services under Tropex Construction Services for the past ten (10) years. TCS Empire, Inc.
ahs provided services for Wayne Dennis Development, Miami Dade County Health
Department, A&L Enterprises of Kendall, Inc, Clasic Painters Group, Inc, and Research
Management Corporation. TCS Empire, Inc. was highly rated by the performances
evaluations surveys and references received. TCS Empire, Inc. is the third lowest bidder
and holds a General Building Contractor.
PROJECT ASSIGNMENT I DETERMINATION OF AWARD
Before each project is assigned to a specific company, the Building Department will be
responsible for going through the exercise of anticipating and calculating all the board up
and securing materials required for the completion of each job. Each project will be awarded
to the company that is the lowest responsive bidder on the combination of all materials
required and therefore, results in the lowest possible total cost for the project. The Building
Department will be also responsible for the inspection and verification of all materials to
ensure that they conform to the specifications required on the site.
Award Scenario
The following scenario illustrates how the Building Department will utilize the proposed unit
pricing to determine the overall best price as needed to meet the minimum specifications for
each board up or securing project:
Scenario: Securing with plywood and dimensional lumber beyond first floor (100 SF) -
Protective fence chain link fence of 8' height (100 LF).
Lowest bidders
ATLAS INC INCBUILDERS
ASSURED PILLAR A QUICK BOARD DEVELOPMENT EVERGLADES SFM SERVICES, TCS &
CONTRACTING CONSULTANTS, UP SERVICE, AND CONTRACTING LLC INC EMPIRE, CONTRACTORS,
LLC INC !NC CONSTRUCTION
12
Commission Memorandum - iT8-11-09/10 Emergency Board-up and Securing Services
February 3, 2010
Page 4 of 5
REPORT ON EMERGENCY PURCHASES EXCEEDING $25.000 - FY 2008/2009
For the past year, the Building Department has utilized the services of Independent Security,
Inc., for the emergency board up and securing services, in the amount of $61,333.60. Due
to a large sudden increase in expenditures for board-up services and the lack of an
appropriate purchase authority to continue doing business with Independent Security, Inc.,
the Building Department was instructed by the Procurement Division to use contractors with
City Commission awarded contracts, specifically, under the City's Job Order Contract.
The Building Department has utilized GEC from the City's Job Order Contract list, in the
amount of $11,000, to perform the recent board up services while closely working with the
Procurement Division during this bid process in order to install a valid purchase authority for
the acquisition of board up and securing services.
Per Section 2-393(b) of Miami Beach Code, the board up service the Building Department
provides to the community directly addresses life safety issues and qualifies as an
emergency purchase. The Building Department secures abandoned properties that present
an immediate threat to the citizens by means of unsafe structure, fire hazard or other
objectionable uses of abandoned sites.
The contracts will offer more flexible resources to ensure that the Building Department fulfill
the securing and board up needs in a timely manner while always securing the lowest cost.
The contracts will bring overall savings at approximate 56 %, when compared to
Independent Security and last fiscal year overa-I costs of procuring board up and securing
services. See below comparison of a typical project performed by Independent Securing
Services, Inc. during last fiscal year and how much it would have cost to have the same job
done by any of the bidders participating in this bid process.
Project: 250 linear feet fence, 354 united inches (or 100 Sq.Ft.) board up and 16 photos.
ASSURED
CONTRACTIN
C LLC PILLAR
CONSULTA
NTS, INC A QUICK
BOARD UP
SERVICE, INC ATLAS
DEVELOPMEN
T AND
CONSTRUCTIO EVERGLADES
CONTRACTIN
G LLC SFM
SERVICES,
INC
TCS
EMPIRE,
!NC J,B, BUILDERS
CONTRACTORS,
INC INDEPENDIENT
SECURITY
(Vendor for Last
Year)
N CO.
$ 12,194.50 $ 2,930.00 $ 2,517.50 $ 5,120.00 $ 3,924.00 $ 5,285.00 $ 3,237.50 $ 5.250.00 $ 6,655.40
Savings Vs
Independent
-83% 56% 62% 23°/a 41% 21% 51°/a 21°/a Securit
Lower Price than current provider, Independent Security.
Higher Price than current provider, Independent Security.
13
Commission Memorandum -ITB-11-09/10 Emergency Board-up and Securing Services
February 3, 2010
Page 5 of 5
CITY MANAGER'S REVIEW
After considering the review and recommendation of City staff, the City Manager exercised
his due diligence and is recommending to the Mayor and the City Commission to award the
contracts to A Quick Board Up Service, Inc., Pillar Consultants, Inc., and TCS Empire, Inc.
CONCLUSION
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission accept the City Manager's recommendation to award contracts to A Quick
Board Up Service, Inc., Pillar Consultants, Inc., and TCS Empire, Inc. for Emergency Board
Up and Securing Services, pursuant to ITB No. 11-09/10, in the estimated total annual
amount of $150,000.
T:14GENDA\2010\Febnlary 3\Consent\ITB-71-0&10 Emergency Board Up Services - Memo.tloc
14
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