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Graybar Electric Co., Inc.m MIAMIBEACH GAG /j3/0~ CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: Purchase of Electrical Supplies CONTRACT NO.: 48-06/07 EFFECTIVE DATE(S): February 13, 2008 through February 12, 2009, with three (3) additional one (1) year renewal options. SUPERSEDES: 12-02/03 CONTRACTOR(S): Graybar Electric Co. Inc. ESTIMATED ANN-UAL 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 13, 2008, 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 electrical supplies for the City of Miami Beach, pursuant to City Invitation to Bid (ITB) No. 48-06/07 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 (48- 06/07), with the current expiration date of February 12, 2009, 2010, 2011, or 2012 as applicable. D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any failure of Contractor to provide electrical supplies according to the requirements of the Contract Documents to Michael Alvarez, City of Miami Beach Public Works Assistant Director at 305-673-7000 ext. 6629. 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. CITY CL~F,F~ Page 2 Certification of Contract F. ASSIGNMENT AND PERFORMANCE -Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or services required by the Contract Documents. 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 Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 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. 2 Page 3 Certification of Contract 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. 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: Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Gus Lopez, Procurement Director With copies to: Michael Alvarez Public Works. Assistant Director Public Works Department 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Graybar Electric Co. Inc. 11250 N.W. 91st Street Miami, F133178 Attn• R.A Reynolds L. MATERIALITY AND WAVER 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. 3 Page 4 Certification of Contract 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. 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 Page 5 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this ~ 3 wn day of l~-~ ti ~ L 200 B , by their respective duly authorized representatives. CONTRACTOR By - President/ Signa re S~N~`.~K~'~y Print Name CITY OF MIAMI BEACH By Mayor Matti Herrera Bower ATTEST: City Clerk Robert Parcher b~ F:\PURC\$ALLVOHN\BIDS\06-07\ITB48-06-07Certification of Contract#l .doc t~ ~~~~~ Print Name APPROVED AS TO FORM & LANGUAGE i4 FnR ~X~t4I iTinni COMMISSION ITEM SUMMARY Condensed Title: Request For Approval to Award Contr 06!07, For The Purchase of Electrical to Various Vendors Pursuant to Invitation to Bid (ITB) plies. In The Estimated Total Annual Amount of $ 62; Ke Intended Outcome Su orted: Ensure Well-Maintained Facilities and Ensure Well-Maintained Infrastructure. ~ Supporting Data (Surveys,. Environmental Scan, etc.}: The Community Satisfactory Survey indicates that 31 % of businesses said that there is not enough street lighting at night; residents most commonly mentioned street lights as safety factor. The internal Support Function Survey said 50.8% of em~lovees rated their overall satisfaction of routine facili maintenance as excellent or ood. Issue• Shall the Ma or and Ci Commission a rove the bid award? Item Summa /Recommendation: The purpose of Invitation to Bid No. 48-06-07 (the "Bid") is to establish contracts based on a percentage discount off manufacture's catalog for the supply of electrical parts and supplies to the City of Miami Beach, on an as needed basis. Issuance of purchase orders will be based on the bidder's pricing and availability at time need arises. The Bid was issued on September 12, 2007, with an opening date of October 25, 2007. Apre-bid meeting to provide information to the electrical suppliers submitting a response was held on September 28, 2007. BidNet issued bid notices to 39 prospective bidders, RFPDepot issued bid notices to 74 prospective bidders, and 26 bidders were notified via mail, a-mail, and fax transmission, which resulted in the receipt of six (6) bids. The User Group convened on January 16, 2008 to further review to responsive bids. It is the Administration's recommendation that it would be in the City's best interest award contracts to all responsive bidders: Graybar Electric; Condo Electric Industrial Supply, Inc; Gfobal Electric & Lighting Supply, Inc; South Dade Electrical Supply, Inc; and Mercedes Electric Supply, Inc THE ADMINISTRATION RECOMMENDS APPROVING THE AWARD OF CONTRACTS Board Recommendation: _.._~ rrnanci~a~ nnvnn Source of auv~~. Amount Account Funds: 1 $ 50,000 Public Works Department Water Account No. 425-0410-000342 1 2 $ 50,000 Public Works Department SewerAa:ount No. 425-0420-000342 3 $300,000 Public Works Department Streetlights Account No. 011-9407- 000342 4 $225,000 Property Management Account No. 520-1720-000342 OBPI Total $625,000 Financial Impact Summary: :ity Clerk's Office Legi Gus Lopez extension 664 ~ MIAMIBEACH 41 AGENDA ITEM e~~ DATE 2' f 3^O B m MIAMIBEACH City of Miomi Beach, 1700 Convention Center Drive, Miami Beoch, Florida 33139, www.miami6eachR.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: February 13, 2008 SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS TO VARIOUS VENDORS PURSUANT TO INVITATION TO BID NO. 48-06/07, FOR THE PURCHASE OF ELECTRICAL SUPPLIES, IN THE ESTIMATED ANNUAL AMOUNT OF $625,000. ADMINISTRATION RECOMMENDATION Approve the award of contracts. FUNDING Funds in the amount of $ 625,000 are available from the budgeted accounts of Public Works Department and Property Management Division as follows: $ 50,000 from Public Works Department Water Account No. 425-0410-000342 $ 50,000 #rom Public Works Department Sewer Account No. 425-0420-000342 $300,000 from Public Works Department Streetlights Account No. 011-9407-000342 $225,000 from Property Management Account No. 520-1720-000342 ANA_ The purpose of Invitation to Bid No. 48-O1S~7 {the "Bid") is to establish contracts based on a percentage discount off manufacture's catalog for the supply of electrical parts and supplies to the City of Miami Beach, on an as needed basis. Issuance of purchase orders will be based on the bidder's pricing and availability at time need arises. The commodities to be purchased from this contract shall include but not be limited to conduit fittings, conduit bodies, boxes, raceways, ducts, enclosures, wiring devices, wire, cable and accessories, circuit breakers, panel boards, splicing materials, emergency lighting, fuses and accessories, meters, transformers, capacitors, controls, resistors, relays, timers, jacket plugs, sockets, transistors, LEDs, and all other related materials that may be required during the term of this contract. The Bid was issued on September 12, 2007, with an opening date of October 25, 2007. A pre-bid meeting to provide information to the electrical suppliers submitting a response was held on September 28, 2007. BidNet issued bid notices to 39 prospective bidders, RFP Depot issued bid notices to 74 prospective bidders, and 26 bidders were notified via mail, e- mail, and fax transmission, which resulted in the receipt of following six (6) bids: 42 Commission Memorandum - iT8-48-06107 Febr.~ary ? 3, 2008 Page 2 of 4 1. CONDO ELECTRIC INDUSTRIAL SUPPLY, INC 2. MERCEDES ELECTRIC SUPPLY, INC 3. GLOBAL ELECTRIC & LIGHTING SUPPLY, !NC 4. REXEL ELECTRICAL AND DATACOM PRODUCTS 5. GRAYBAR ELECTRIC 6. SOUTH DADE ELECTRICAL SUPPLY, INC The responsiveness test performed by the Procurement Department resulted in Rexel Electrical and Datacom Products being deemed non-responsive because they failed to provide cost information. The following individuals (the "User Group") convened on January 16, 2008 to further review the responsive bids and make a recommendation. • John Kranick, Street/Storm Water Superintendent, Public Works Department • Marvin Sarria, Electrical Supervisar, Public Works Department • Martha Torres, Warehouse Supervisor, Public Works Department • Julian Perez, Plumbing Operator Supervisor, Public Works Department • John Gresham, Electrical Supervisor, Property Management Julian Perez was unable to attend the meeting; however, a quorum was obtained. Pursuant to Section 2-369 of the Miami Beach City Code, the City shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, the User Group considered the following Evaluation Criteria to rank the bidders: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. The User Group discussed their individual perceptions of the bidder's qualifications, experience, competence, facilities, and ranked the bidders being evaluated accordingly. It was the user group's overall opinion to be in the best interest of the City to recommend several suppliers companies in order to obtain the maximum flexibility to fulfill the department needs based on the vendors pricing and availability of materials at the time need arises. A motion was presented by John Gresham and unanimously approved by all User Group members for the following supplier to be recommended for potential award of contract for the acquisition of electrical supplies for the City of Miami Beach. The final ranking was as follows: 43 Commission lrlemorandum - ITB-48-06107 February 13, 2008 Page 3 of 4 RANKING ORDER 1. SOUTH DADE ELECTRICAL SUPPLY, INC 2. MERCEDES ELECTRIC SUPPLY, INC 3. GRAYBAR ELECTRIC 4. CONDO ELECTRIC INDUSTRIAL SUPPLY, INC 5. GLOBAL ELECTRIC & LIGHTING SUPPLY, INC It was the User Group's overall opinion to exclude Global Electrical Lighting Supply from the recommendation due to their inventory size and the availability of having only one truck for delivery. The User Group members were hesitant of the ability or capacity of this company to fulfill the City's needs. The Administration's due diligence has revealed that Global Electrical Lighting Supply currently works with large departments within Miami-0ade County being able to successfully fulfill their needs with an overall average rating of 10. Following are some of the comments obtained through the Performance Evaluations Surveys filled out from clients of Global Electrical Lighting Supply: Miami-Dade County Transit Department- $30,000 in services "Global has performed very well in serving our department" • Miami-Dade County Aviation Department -over $500,000 in services "One of the best vendors when it comes to prompt service" • Miami-Dade County Seaport Department - $30,000 in services "Never had any problem with any aspect of performance" • E & C Electrical Services, Inc - $55,000 in services "Excellent service and professionalism" • Miami-Dade County Parks 8 Recreations Department-$50,000 in services "Very good service'; "They are always willing to assist and comply with our requests" Miami-Dade County Water & Sewer Department- $50,000 in services "Excellent follow up on orders, always ship exact items requested. Always deliver on crunch time" Therefore, it is the Administration recommendation that it would be in the City's best interest to award contracts to all responsive bidders. In this manner, the City can avail itself as needed of both the best item price and the availability on any of the many items used throughout the year. 44 Commission Memorandum - ITB-48-06f07 February 73, 2008 Page 4 of 4 Responsive Bidders: GRAYBAR ELECTRIC CONDO ELECTRIC INDUSTRIAL SUPPLY, INC GLOBAL ELECTRIC & LIGHTING SUPPLY, INC SOUTH DADS ELECTRICALSUPPLY, INC MERCEDES ELECTRIC SUPPLY, INC Based on the aforementioned, the Administration recommends that the City award contracts to the aforementioned suppliers for the purchase of electrical supplies pursuant to ITB No. 48-06107. T:WGENDA\2008\February 13\Consent\Purchase of Electrical Supplies.doc 45 CERTiF LATE HOLD A TT E _ CANOE :2252118 SHOULD ANY OPTNE ABOVE bESCRIeED POLICIES eE CANCELLpD BSFORE:THE EXPIRATION F4R INFORMATIONAL. PURPOSES ONLY DATE THEREOK; THE ISSUa30 INSURER WILL ENDEAVOR TO HAIL 30 DAVS wRntEN NOTICE TO THE CERTIFICATE NOLDlR NAMED TOTNE LEFT, 6UT FA(LURET'O DO SO SHALL 13(POSE NO OBLIGATION OR UAEILRY OF -ANY KIND UPON THE. M5URER, RS AGENTS OR REPRCSENTATryES. AUTHORIZED REPRE&ENTATIVE ~ l ACORD25-S~7Ig7F Forgoes~~anf»yerdingn+tfeertlNe~lwearf.clN,~KUn6.rIlMedtoths'ProAUaPfeotlonrhavefndfpeclrytneoll~MCOW'GRAELR!'. •R. b®nr"'~'-'A_COFID PORATION1888 CERTI~iCATE 41~ LIABILIT aCORD Y INSURANCE oaro~zoo8 ~ oai0~oo .M ~ ~ ~-~ - ~ ~ OL` INFOAMdT10N THIS CERTIFICATE IS ISSUED AS A M14TTER PRGauCER LocMan CDmpanies,LLC-1 St. Louis . dNLY AND CONI=ERB :NO RIOH"i'S UPpN THE CERTIFICATE Three City Place Drive, Suite 900 HOLDER. THIS CERTIFICATE DOES NOT AMEND, .EXTEND OR Louis MQ 63141 7D81 St Rd - : (314) 432-t7500 INSURERS AFFORDING COVERAdE ~ ausuresD INSURER A: Zurich American Insurance Co, L l8) _ GraybarElectric 104787 Company, Inc..... INSUREaa: -- : Q BOK 7231 ? ]NSURER Cam: . 34 NDrth:MeramecAVQNUe IN9URERP:: _. - t. Louis M013$177 ,.--_ _ TOTE ONTRA T 6ETWEEN.THE 1S8 ING THIS: RTIF'(GATL OF Hr18URANCE D ET CDVERAGES 20 N1Y R : P THE POLICIES OF INSURANCE LISTED. BELOW HAVE BEENiSSUED TO THE :INSURED NAMED A80VE FOR:THE POLICY PERIOD INDICATED: NOTWITHSTANU~IG ANY' REQUIREMENT; 'PERM OR:CON~ITION.OF ANY CONTRACT BFI OTHER DOCUMENT WrTF( RESPECT TO WHICH.THIS CERTIFICATE -u1AY 6E. 153UED QR MAY PERTAIN, THE INSURANCE AFFORDED BV THE AOLIClEB DESCRIBED NEFiE1N 1S SUBJECT TO ALL THE TERMS, EXCLU310NS: AND CONDITIONS OF SUCH POLICIES:.AGGREpATE UMITS:SHOWN MAY: HAVESEEN: REDUCED 9Y.-PAID.CLAIMS:: - INSR - - POLICY EFFECTIVE -. POLICY.EXRRATKIN ~ TYRE OF IN RA E . FOLIC M U QENERAL WbIUTY EA H O R 4 1000.000 t1 X CoM3nERCUL (iLNERAL w(BILITY : GL0930RG6304 04!01/2007 04101 /20C?8 e>+oE cnn ogre nre IRE 2n- s I i1DD 000 CLAIMSMADE :OCCUR : _ MEDEXP. An and edon B FXCIUr~ - - ~ PER5CNAL & ADV INJURY 3~ 1'000 DDD GENERALAGGR£(3ATl:. i ~ DD~ 000 _ _ GEN'LAGGREQATELIMITAPPLIESPER PRODUCTS-COMPlbpAGG 6 ZOD6000 PRO- X P LIGY OC AUT ONOBiLE L(ABaITY COMBINED SINGLE LIMIT a 3,DDVx©DU A X ANY AUTO BAP43R8664U4 04f0i12007 04!01/200$ ;Eaacddenf) ALL OWNEbAIIT()5 BODII:YINJURV _ X~~(~(X~( SCHEOULEp AUT06 {Per person} A HIRED AUTOS PHYSICAL DANIAGE- DODILV INJUF~Y 3 XXXXXXX A NON=owNEDAUTOS SELF INSURED IPar aoddom) PAOPERTV DM(AOE ~ XXXXXXX - - (Per apcfderA) : ~OARAGEtIAB1L1'TY AUTO ONLY•.EAACCIDENT- ~_~ XXXXXXX AnrauTO NOT APPLICABLP, oTHEgtHArl A a XXX~XX AUTO ONLY: q B: X : EXCESS LfA81LlTY EACH OCCURRENCE A: .. XXXXXXX OCCUR ~ CLAIMSMADE NUT APPLICABLE Al30HE(3ATE 9 XXXXXXX : ._ :: XXXXXXX uIIeRE~LA BLE FORM EDU , 3 XXXXxXX : D CTI _ 8 XXXXXXX RETENTION 3 WC9?086610d (AUS) 04/01/2007 04/01/200$ WC STATU- OTH X 17 R A ~ :WORKERSCONPEN6AT10NANC EMPLOYERS'LIA8ILITY WC93D86620A (VdI) 04/01/2007 .04/01/2008 E.L. EACHACCIDEN7 -. ~3 1,01)OOOD:._. _ E.L: DISEASE- EA EMPLOYE : d . -1.DD0,000 E.L. aSEASE • POLICY LIMIT. . q ) 000 000 A OTHER P,W54308GCi804 I 04/Ol/2D07 04/01/20D8 wotkcn+'Comp.520:ODD,(XIU EXCESS OTiIO WORKF,RS' E[npl~yerS'LiaG. $4;0OO,OW h Ac ident S25D OD0 Eri SIR Cd1VIPGNSATION c c - , DESCRIPTION OF OPERATIONSlLOCIRIONSNEMCLESIEXCLU510NS ADDELS BY ENDOR5EYENTlSPECIAL PROYISION8 :