HomeMy WebLinkAboutBack-Up DocumentsDocuSign Envelope ID: 41 FCDD98-8992-480E-9AD6-22E01A9DD7B8
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Arthur Noriega V DATE: October 18, 2021
City Manager
SUBJECT: Recommendation of Award for
Vactor Truck Debris Hauling
❑ S� d by:
d,, `_ fi
FROM: �ffl&'Pbfbz, CPPO, Director REFERENCES: Invitation for Bid "IFB" No.
Department of Procurement 1413386
ENCLOSURES:
RECOMMENDATION:
Based on the findings below, the Department of Procurement ("Procurement") hereby recommends award of IFB No.
1413386, to Waste Management Inc. of Florida ("Waste Management"), the sole responsive and responsible Bidder,
for the provision of vactor truck debris hauling services, on an as needed basis, for the City of Miami's Resilience
and Public Works Department ("RPW'). The recommended vendor, and contract terms and amount are shown
below.
IFB No./Title: IFB No. 1413386, Vactor Truck Debris Hauling.
Contract Amount: $208,784.00 annually (Approximately $1,043,920.00 for all five (5) years in the
aggregate).
Contract Term: Initial term for a period of three (3) years with the option to renew for one (1)
additional two (2) year period.
Recommended Vendor: Waste Management Inc. of Florida
BACKGROUND:
On August 26, 2021, Procurement on behalf of Public Works, issued IFB No. 1413386, Vactor Truck Debris Hauling,
under full and open competition. As required by the Procurement Code, the IFB was advertised and issued online.
On September 21, 2021, at bid closing one (1) bid was received. The bid was evaluated and tabulated following the
guidelines published in the IFB. Procurement is recommending award to Waste Management the sole responsive
and responsible Bidder, per bid specifications.
Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval
of this recommendation.
Approved:'" _ Date: October 26, 2021 1 11:25:06 EDT
Arthur Noriega V, City Manager
c: Nzeribe Ihekwaba, Ph.D., PE, Deputy City Manager, Chief of Infrastructure
Fernando Casamayor, Assistant City Manager, Chief Financial Officer
Juvenal Santana, Director of Public Works, RPW
Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement
PR21238
Bid Tabulation
IFB No.: 1413386 — Vactor Truck Debris Hauling
Waste Management Inc.
of Florida
Line No.
Item Description
Unit
Quantity
Item Cost
Total Cost =
Item Cost x
Quantity
1
Disposal Charge Per Ton (Not Including Tipping Fees)
Ton
884
$77.47
$68,483.48
2
Disposal Charge Per Container - 10 Cubic Yard Container
Each
104
$950.00
$98,800.00
3
Disposal Charge Per Container - 20 Cubic Yard Container
Each
52
$750.00
$39,000.00
4
Environmental Testing & Sampling Certificate
Year
1
$2,500.00
$2,500.00
Total:
$208,783.48
Prepared by: Cristiane Lima
Procurement Contracting Officer
9/23/2021
Approved by:
Director , or designee
From:
Gaetano Alessi Jr
To:
Lima. Cristiane
Subject:
Re: IFB 1413386 - Vactor Truck Debris Hauling
Date:
Monday, October 4, 2021 1:53:29 PM
CAUTION: This is an email from an external source. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Hi there my apologies that I sent this email out late.
I did try to call you and left VM when I originally got the follow up email. I did not have the
time to review initial bid request was caring for 4 family member sick with COVID-19.
However, I would definitely be interested on the next go around.
Thank you again stay well, safe and healthy!!
Sincerely
Gaetano Alessi Jr
Load It Away, LLC.
786-352-1144
On Sep 23, 2021, at 3:23 PM, Lima, Cristiane <CLima@miamigov.com> wrote:
Good Afternoon,
The above referenced Invitation to Bid was advertised on August 26, 2021. and
closed on September 21, 2021. Due to lack of participation, the City is reaching out
to firms who received notification of the solicitation to determine whether barriers
existed in your decision not to compete.
For example:
My firm was unable to meet the timeline for proposal due date.
2. My firm did not have enough time to ask the City questions necessary to
complete the IFB.
Not enough information in the Scope of Services.
Not Interested.
Your response within 72 hours is very much appreciated.
Respectfully,
CrES LLVI,0
City of Miami
Procurement Department
444 SW 2nd Avenue, 6th Floor
Miami, FL 33130
2: 305 416-1904 ,4: 305 400-5009
L9: clima@miamiaov.com
www.miamiaov.com/procurement
"Serving, Enhancing, and Transforming our Community"
<image001.jpg>
The City of Miami is a public entity subject to Chapter 119 of the Florida Statutes concerning public records.
E-mail messages are covered under such laws and thus subject to disclosure.
All E-mail sent and received are a public record.
If you're not already a Vendor, click on or scan the QR Code to register as a new vendor for the
City of Miami.
<image003.12ng>
From: Carlo
To: Lima. Cristiane
Subject: Re: IFB 1413386 - Vactor Truck Debris Hauling
Date: Thursday, September 23, 2021 4:20:11 PM
Attachments: imaoe003.ona
CAUTION: This is an email from an external source. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Hi Christine
this is just not in my line of work we are more and solid waste garbage construction I actually
sent this to a couple of people that I know but they we're not registered with the city I'm
gonna contact them again and see if they might be interested since nobody's participating
Carlo
Sent from my Whone
On Sep 23, 2021, at 3:22 PM, Lima, Cristiane <CLima@miamigov.com> wrote:
Good Afternoon,
The above referenced Invitation to Bid was advertised on August 26, 2021. and
closed on September 21, 2021. Due to lack of participation, the City is reaching out
to firms who received notification of the solicitation to determine whether barriers
existed in your decision not to compete.
For example:
My firm was unable to meet the timeline for proposal due date.
2. My firm did not have enough time to ask the City questions necessary to
complete the IFB.
Not enough information in the Scope of Services.
Not Interested.
Your response within 72 hours is very much appreciated.
Respectfully,
CKES Li Vlt, t
City of Miami
Procurement Department
444 SW 2nd Avenue, 6th Floor
Miami, FL 33130
2: 305 416-1904 ,4: 305 400-5009
L9: clima@miamiaov.com
www.miamiaov.com/procurement
"Serving, Enhancing, and Transforming our Community"
<image001.jpg>
The City of Miami is a public entity subject to Chapter 119 of the Florida Statutes concerning public records.
E-mail messages are covered under such laws and thus subject to disclosure.
All E-mail sent and received are a public record.
If you're not already a Vendor, click on or scan the QR Code to register as a new vendor for the
City of Miami.
<image003.png>
From:
Janna Wheeler
To:
Lima. Cristiane
Subject:
Re: IFB 1413386 - Vactor Truck Debris Hauling
Date:
Thursday, September 23, 2021 7:10:44 PM
CAUTION: This is an email from an external source. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Hello,
We do not have a Vactor Truck so we did not bother to send a proposal nor read the details of
the scope of work.
Thank you,
Janna Wheeler
On Sep 23, 2021, at 3:23 PM, Lima, Cristiane <CLima@miamigov.com> wrote:
Good Afternoon,
The above referenced Invitation to Bid was advertised on August 26, 2021. and
closed on September 21, 2021. Due to lack of participation, the City is reaching out
to firms who received notification of the solicitation to determine whether barriers
existed in your decision not to compete.
For example:
My firm was unable to meet the timeline for proposal due date.
2. My firm did not have enough time to ask the City questions necessary to
complete the IFB.
3. Not enough information in the Scope of Services.
4. Not Interested.
Your response within 72 hours is very much appreciated.
Respectfully,
CrES LE V1, a
City of Miami
Procurement Department
444 SW 2nd Avenue, 6th Floor
Miami, FL 33130
2 : 305 416-1904 g : 305 400-5009
E: clima@miamiaov.com
www.miamiaov.com/procurement
"Serving, Enhancing, and Transforming our Community"
<image001.jpg>
The City of Miami is a public entity subject to Chapter 119 of the Florida Statutes concerning public records.
E-mail messages are covered under such laws and thus subject to disclosure.
All E-mail sent and received are a public record.
If you're not already a Vendor, click on or scan the QR Code to register as a new vendor for the
City of Miami.
<image003.png>
Detail by FEI/EIN Number
Page 1 of 5
Florida Department of State
Awl.
MAr
an official j"n ar of Flftri&j webihe
Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number /
Detail by FEI/EIN Number
Florida Profit Corporation
WASTE MANAGEMENT INC. OF FLORIDA
Filing Information
Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
Principal Address
800 CAPITOL STREET,
SUITE 3000
HOUSTON, TX 77002
Changed: 04/13/2021
Mailing Address
800 CAPITOL STREET,
SUITE 3000
HOUSTON, TX 77002
279946
59-1094518
03/30/1964
FL
ACTIVE
CORPORATE MERGER
07/15/2019
NONE
Changed: 04/13/2021
Rea istered Aaent Name & Address
CT CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
Name Changed: 06/23/1992
Address Changed: 04/19/2011
Officer/Director Detail
Name & Address
Title President, Director
MYHAN, DAVID M
DIVISION OF CORPORATIONS
http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 9/23/2021
Detail by FEI/EIN Number
Page 2 of 5
800 CAPITOL STREET,
SUITE 3000
HOUSTON, TX 77002
Title VP
FARMER, DOMENICA
800 CAPITOL STREET,
SUITE 3000
HOUSTON, TX 77002
Title VP
CARROLL, THOMAS G
800 CAPITOL STREET,
SUITE 3000
HOUSTON, TX 77002
Title VP, CFO, Controller
NAGY, LESLIE K
800 CAPITOL STREET,
SUITE 3000
HOUSTON, TX 77002
Title VP. Treasurer
REED, DAVID L
800 CAPITOL STREET,
SUITE 3000
HOUSTON. TX 77002
Title VP, Asst. Treasurer
LOCKETT, MARK A
800 CAPITOL STREET,
SUITE 3000
HOUSTON, TX 77002
Title VP, Asst. Secretary
LAMBROS , JAMES F
800 CAPITOL STREET,
SUITE 3000
HOUSTON, TX 77002
Title Asst. Secretary
FOSTER, JANNE C
800 CAPITOL STREET,
SUITE 3000
HOUSTON, TX 77002
http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 9/23/2021
Detail by FEI/EIN Number
Page 3 of 5
Title Asst. Secretary
KAPLAN , RONALD M
800 CAPITOL STREET,
SUITE 3000
HOUSTON, TX 77002
Title VP, Secretary, Director
TIPPY , COURTNEY A
800 CAPITOL STREET,
SUITE 3000
HOUSTON, TX 77002
Title VP
Wilson, James A
800 CAPITOL STREET,
SUITE 3000
HOUSTON. TX 77002
Title Asst. Treasurer
BENNETT,JEFF R
800 CAPITOL STREET,
SUITE 3000
HOUSTON, TX 77002
Title Asst. Secretary
SILVA, LISA
800 CAPITOL STREET,
SUITE 3000
HOUSTON, TX 77002
Title Asst. Secretary
LONGO, ROBERT E
800 CAPITOL STREET,
SUITE 3000
HOUSTON, TX 77002
Annual Reports
Report Year
Filed Date
2019
01 /02/2019
2020
04/08/2020
2021
04/13/2021
Document Images
04/13/2021 --ANNUAL REPORT View image in PDFformat
04/08/2020 -- ANNUAL REPORT View image in PDFformat
http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 9/23/2021
Detail by FEI/EIN Number
Page 4 of 5
07/15/2019 --
Merger
View image in
PDF format
01/02/2019--ANNUAL
REPORT
View image in
PDFformat
04/18/2018 --
ANNUAL
REPORT
View image in
PDF format
04/06/2017 --ANNUAL
REPORT
View image in
PDFformat
03/17/2016 --
ANNUAL
REPORT
View image in
PDF format
01/13/2015--ANNUAL
REPORT
View image in
PDFformat
01/15/2014--ANNUAL
REPORT
View image in
PDFformat
04/24/2013 --
ANNUAL
REPORT
View image in
PDF format
10/03/2012 --
ANNUAL
REPORT
View image in
PDF format
08/29/2012 --
ANNUAL
REPORT
View image in
PDF format
01/11/2012 --ANNUAL
REPORT
View image in
PDFformat
04/19/2011 --ANNUAL
REPORT
View image in
PDFformat
03/10/2011 --
Merger
View image in
PDF format
04/27/2010 --
ANNUAL
REPORT
View image in
PDFformat
04/21/2009--ANNUAL
REPORT
View image in
PDFformat
07/02/2008 --
ANNUAL
REPORT
View image in
PDF format
04/28/2008 --
ANNUAL
REPORT
View image in
PDF format
12/21/2007 --
Merger
View image in
PDF format
12/21/2007 --
Merger
View image in
PDFformat
12/21/2007 --
Merger
View image in
PDF format
12/21/2007 --
Merger
View image in
PDF format
12/21/2007 --
Merger
View image in
PDF format
07/23/2007 --
ANNUAL
REPORT
View image in
PDF format
06/27/2007 --
Merger
View image in
PDFformat
04/30/2007 --
ANNUAL
REPORT
View image in
PDF format
04/27/2006 --
ANNUAL
REPORT
View image in
PDF format
10/19/2005 --
REINSTATEMENT
View image in
PDF format
07/27/2005 --
Merger
View image in
PDFformat
06/29/2005 --
Merger
View image in
PDFformat
06/29/2005 --
Merger
View image in
PDF format
06/29/2005 --
Merger
View image in
PDF format
06/29/2005 --
Merger
View image in
PDF format
06/20/2005 --
ANNUAL
REPORT
View image in
PDFformat
04/25/2005 --
ANNUAL
REPORT
View image in
PDFformat
04/15/2004 --
ANNUAL
REPORT
View image in
PDF format
12/23/2003 --
Merger
View image in
PDF format
12/23/2003 --
Merger
View image in
PDF format
12/23/2003 --
Merger
View image in
PDFformat
12/23/2003 --
Merger
View image in
PDFformat
12/23/2003 --
Merger
View image in
PDF format
09/22/2003 --
REINSTATEMENT
View image in
PDF format
06/02/2003 --
ANNUAL
REPORT
View image in
PDF format
02/25/2003 --
ANNUAL
REPORT
View image in
PDFformat
12/23/2002 --
Merger
View image in
PDF format
12/23/2002 --
Merger
View image in
PDF format
12/23/2002 --
Merger
View image in
PDF format
12/23/2002 --
Merger
View image in
PDF format
12/23/2002 --
Merger
View image in
PDFformat
http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 9/23/2021
Detail by FEI/EIN Number
Page 5 of 5
12/23/2002 --
Merger
View image in PDF format
09/09/2002 --
ANNUAL REPORT
View image in PDF format
06/28/2002 --
Merger
View image in PDF format
02/28/2002 --ANNUAL
REPORT
View image in PDFformat
12/26/2001 --
Merger
View image in PDF format
05/03/2001 --ANNUAL
REPORT
View image in PDFformat
12/15/2000 --
Merger
View image in PDF format
12/15/2000 --
Merger
View image in PDF format
12/15/2000 --
Merger
View image in PDF format
08/30/2000 --
ANNUAL REPORT
View image in PDF format
05/12/2000 --
Merger
View image in PDF format
05/11/2000--ANNUAL
REPORT
View image in PDFformat
12/22/1999 --
Merger
View image in PDF format
05/27/1999 --
Court Order
View image in PDFformat
04/14/1999 --
ANNUAL REPORT
View image in PDF format
12/29/1998 --
Merger
View image in PDF format
12/29/1998 --
Merger
View image in PDF format
12/29/1998 --
Merger
View image in PDF format
12/29/1998 --
Merger
View image in PDFformat
12/29/1998 --
Merger
View image in PDF format
12/29/1998 --
Merger
View image in PDF format
05/01/1998--ANNUAL
REPORT
View image in PDFformat
05/02/1997 --
ANNUAL REPORT
View image in PDF format
04/09/1996 --
ANNUAL REPORT
View image in PDFformat
04/20/1995 --
ANNUAL REPORT
View image in PDF format
03/30/1964 --
Filings Prior to 1995
View image in PDF format
Florida Department of State, Division of Corporations
http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 9/23/2021
City of Miami
1413386
Solicitation Tabulation Packet
for
Solicitation 1413386
Vactor Truck Debris Hauling
Solicitation Designation: Public
City of Miami
9/22/2021 BidSync P. 1
City of Miami
1413386
Solicitation #1413386 - Vactor Truck Debris Hauling
Creation Date Aug 17, 2021 End Date Sep 21, 2021 3:00:00 PM EDT
Start Date Aug 26, 2021 8:01:42 AM EDT Awarded Date Not Yet Awarded
1413386--01-01 Disposal Charge Per Ton (Not Including Tipping Fees)
Supplier Unit Price
Qty/Unit Total Price Attch. Docs
WASTE MANAGMENT
First Offer - $77.47
884 / ton
$68,483.48
Y
Product Code:
Supplier Product Code:
Agency Notes:
Supplier Notes:
1413386--01-02 Disposal Charge Per Container -10 Cubic Yard Container
Supplier Unit Price Qty/Unit Total Price Attch. Docs
WASTE MANAGMENT First Offer - $950.00 104 / each $98,800.00
Product Code: Supplier Product Code:
Agency Notes: Supplier Notes:
1413386--01-03 Disposal Charge Per Container - 20 Cubic Yard Container
Supplier Unit Price I Qty/Unit I Total Price Attch. I Docs
NASTE MANAGMENT First Offer - $750.00 52 / each 1 $39,000.00
0
3roduct Code: Supplier Product Code:
%gency Notes: (Supplier Notes:
1413386--01-04 Environmental Testing & Sampling Certificate
Supplier
Unit Price
Qty/Unit
Total Price
Attch.
Docs
WASTE MANAGMENT
First Offer- $2,500.00
1 /year
1 $2,500.00
Product Code:
Agency Notes:
Supplier Product Code:
Supplier Notes:
Supplier Totals
f WASTE MANAGMENT
Bid Contact CARLOS MARRERO
cmarrero@wm.com
Ph 305-986-9353
Bid Notes Please see atatched
.Agency Notes:
$208,783.48 (414 items)
Address 3821 NW 21stave
Pompani Beach, FL 33073
Supplier Notes: Head Attch:
Please see atatched A
9/22/2021 BidSync p. 2
City of Miami
1413386
Bid Contact CARLOS MARRERO
cmarrero@wm.com
Ph 305-986-9353
Bid Notes Please see atatched
Address 3821 NW 21stave
Pompani Beach, FL 33073
1413386--01-01 Disposal Charge Per Ton (Not
Supplier
First Offer - $77.47
884 / ton
$68,483.48 Y
Including Tipping Fees)
Product
Code:
1413386--01-02 Disposal Charge Per Container-
Supplier
First Offer - $950.00
104 / each
$98,800.00
10 Cubic Yard Container
Product
Code:
1413386--01-03 Disposal Charge Per Container-
Supplier
First Offer - $750.00
52 / each
$39,000.00
20 Cubic Yard Container
Product
Code:
1413386--01-04 Environmental Testing&
Supplier
First Offer- $2,500.00
1 /year
$2,500.00
Sampling Certificate
Product
Code:
Supplier Total $208,783.48
9/22/2021 BidSync p. 3
City of Miami
1413386
Item: Disposal Charge Per Ton (Not Including Tipping Fees)
V
City of Mlami Invitation Bid Vatir Truck Debris Hauling Waste Management.pdf
9/22/2021 BidSync p. 4
City of Miami
1413386
V op
City of Miami
Inc$�� „A,I# Invitation for Bid (IFB)
Procurement Department
Miami Riverside
Center 444 SW 21d
Avenue, 611 Floor
Miami, Florida 33130
Web Site Address: www.miamigov.comlprocurement
IFB Number: 1413386
Title: Invitation for Bid for Vactor Truck Debris Hauling
Issue Date/Time: 26-AUG-2021
IFS Closing Date/Time: 21-SEP-2021 C 3:00 p.m.
Pre-Rid/Pre-Proposal Conference:
Pre-Bid/Pre-Proposal Date/Time:
Pre-Bid/Pre-Proposal Location:
Deadline for Request for Clarification:
Contracting Officer:
Contracting. Officer E-Mail Address:
Contracting Officer Facsimile:
Voluntary
Thursday, September 2, 2021 @ 11:00 a.m.
Virtual Via Microsoft Teams
Tuesday, September 7, 2021 @ 3:00 p.m.
Lima, Cristiane
CLimaga miamigov.com
(305)400-5009
9/22/2021 BidSync P. 5
City of Miami
1413386
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain
a copy for your files. Prices should include all costs, including transportation to destination. The City
reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum
of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107
or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (1) certify that any and all information contained in this submission is true; and we (1) further certify
that this submission is made without prior understanding, agreement, or connection with any corporation,
firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in.
all respects fair and without collusion or fraud. We (1) agree to abide by all terms and conditions of this
solicitation and certify that 1 am authorized to sign this submission for the submttter. Please print the
following and sign your name:
PROPOSERNAME: Waste Management Inc. of FL
ADDRESS: 8801 NW 91st ST
PHONE: 305-471-4444 FAX:
EMAIL:-cmarero@wm.com CELL(Optional): 305-986-9353
SIGNED BY: Carlos Marrero
TITLE. Sales Project Manager DATE: 09/20/2021
FAILURE TO COMPLETE SIGN AND RETURN THIS FORM SHALL DISQUALIFY THIS
RESPONSE.
9/22/2021 BidSync p. 6
City of Miami
1413386
Certifications
Legal Name of Firm:
Waste Management Inc. of FL
Entity Type: Partnership, Sole Proprietorship, Corporation., etc.
Corporation
Year Established:
03/30/1964
Address, City, State, Zip, Contact Name, Contact Tittle, Phone, Fax, Email:
800 Capitol Street Suite 3000 ,Houston , TX 77002
Federal Employer Identification ("FEIN/EIN)" Number:
59-1094518
Office Location: City of Miami, Miami -Dade County, or Other
8801 NW 91st ST Miami, FL 33178 Carlos Marrero
Business Tax Receipt/ Occupational License Number:
203547
Business Tax Receipt/ Occupational License Issuing Agency:
Miami Dade County
Business Tax Receipt/ Occupational License Expiration Date:
09/30/2021
Will Subcontractor(s) be used? (Yes or No)
NO
If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be
responsible for under this contract (a copy of their license(s) must be submitted with your bid response).
If no subcontractor(s) will be utilized, please insert N/A.:
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
date of receipt (i.e. Addendum No. 1, I/1/21). If no addendum/addenda was/were issued, please insert
N/A.
Reference No. 1: Name of Company/Agency for which Bidder is currently providing the
services/goods as described in this solicitation, or has provided such services/goods in the past:
City of Miami
9/22/2021 BidSync p. 7
City of Miami 1413386
Reference No. 1: Address, City, State, and Zip for above reference company/agency listed:
1290 NW 20th st
Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no
Ed Santamaria /305-960-2876
Reference No. 1: Date of Contract or Sale for above reference no. 1
08/21 /2012
Reference No. 2: Name of Company/Agency for which Bidder is currently providing the
services/goods as described in this solicitation, or has provided such services/goods in the past:
City of Miami Beach public works
Reference No. 2: Address, City, State, and Zip for above reference company/agency listed:
451 Dade Blvd, Miami Beach, FL 33139
Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2.
Stanley Payne 305-673-7000 ext 2343
Reference No. 2: Date of Contract or Sale for above reference no. 2
01/18/2017
Reference No. 3: Name of Company/Agency for which Bidder is currently providing the
services/goods as described in this solicitation, or has provided such services/goods in the past:
Miami Dade Water and Sewer
Reference No. 3: Address, City, State, and Zip for above reference company/agency listed:
3989 Rickenbacker CSWY Key Biscayne, Fi_. 33149
Reference No. 3: Name of Contact Person, Telephone Number and Email for above reference no. 3
Sandra Hernandez 786-552-4262
Reference No. 3: Date of Contract or Sale for above reference no. 3
06/17/2019
9/22/2021 BidSync p. 8
City of Miami
1413386
v�-V op'
,� fMCCKA 0lAYE
a� coti r�o4.
CITY OF MIAMI LOCAL OFFICE CERTIFICATION
(City Code, Chapter 18, Article III, Section 18-73)
Solicitation Type and Number: 1413386 (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456)
Solicitation Title: Invitation for Bid Vactor Truck Debris Hauling
(Bidder/Proposer) hereby certifies compliance with the Local Office
requirements stated under Chapter 18/Article IIi, Section 18-73, of the Code of the City of Miami, Florida, as
amended.
Local office means a business within the city which meets all of the following criteria:
(1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a
verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12)
months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for
purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a
minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or
owner of the local business; a post office box shall not be sufficient to constitute a local office within the city;
(2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a
term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately
preceding the date bids or proposals were received, and be available for review and approval by the chief
procurement officer or its designee; for recently -executed leases that have been in effect for any period less than
the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed
lease within the corporate limits of the city that documents, in writing, continuous business residence within the
corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids
or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for
review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent
checks or other rent payment documentation in writing that documents local office tenancy shall be available for
review and approval by the chief procurement officer or its designee;
(3) Has bad, for a minimum of twelve (12) months immediately preceding the date bids or proposals were
received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami -
Dade County, if applicable; and
(4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were
received for the purchase or contract at issue, any license or certificate of competency and certificate of use
required by either the city or Miami -Dade County that authorizes the performance of said business operations;
and
(5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be
eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting
documentation in support of this local office certification is borne by the business applicant submitting a bid or
proposal.
9/22/2021 BidSync P. 9
City of Miami
1413386
PLEASE PROVIDE THE FOLLOWING INFORMATION:
Bidder/Proposer Local Office Address: 8801 NW 91 s t
st Miami, FL 33178
Does Bidder/Proposer conduct verifiable, full -
tune, on -site employment local
❑
at the office
YES
NO
for a minimum of forty (40) hours per
calendar week?
If Bidder/Proposer's Local Office tenancy is
lease,
❑ ❑
pursuant to a has Bidder/Proposer
YES
NO R NIA
enclosed a copy of the lease?
City of Miami:
❑ YES ❑ NO ❑ Exempt
Cite Exemption:
Has Bidder/Proposer enclosed a copy of the
Business Tax Receipt (BTR) issued by the
City of Miami and Miami -Dade County?
Miami -Dade County: ❑✓ ❑ ❑
YES NO Exempt
Cite Exemption:
Has Bidder/Proposer enclosed a copy of the
license, certificate of competency and
certificate of that
❑
use authorizes the
L J YES
NO
performance of Bidder/Proposer's business
operations?
Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under
Chapter 18IArticle III, Section 18-73, of the Code of the City of Miami, Florida, as amended.
Carlos Marrero
Print Name (Bidder/Proposer Authorized Representative)
,�G' ")nj d
Signature Date
9/22/2021 BidSync P. 10
City of Miami
1413386
STATE OF FLORIDA
COUNTY OF
Certified to and subscribed before me this ZQ day of , 20 '2. , by
C)
of Flori
+W Notary Public State of Florida
Johanna Ramirez
My Commission GG 227429
(NOTARY SEAL) Qy) Expires 06111/2022
(Name of Notary Typed, Printed or Stamped
Personally Known �.����� \'\G t t , WR Produced Identification
Type of Identification Produced
9/22/2021 BidSync P. 11
City of Miami
1413386
M I A M 1•DADE
April 5, 2021
Mr. Rick l<ania, Sr. District Manager
Waste Management Inc. of Dade County
8801 NW 915� Street
Medley, FL 33173
RE: 2020-21 General Hauler Permit Approval and Decals
Dear Mr. Kania
Solid Waste lvianagemenE
2525 NW 62ni, i 7treer . ;100
Miami, i orida 3314'
T 3051 -5 ] 4-fA66
Thank you for your recent General Hauler Permit application. Waste Management Inc. of Dade
County (Permit #1009) has been approved through March 31, 2022 to transport solid waste in
Miami -Dade County.
Enclosed you will find (244) decals, (CH22-4251:0494) for the vehicles approved under this
permit account to transport solid waste in Miami -Dade County under this permit account.
Each decals should be permanently affixed on the inside windshield of the vehicles. Any vehicles
observed transporting without a decal permanently affixed to the windshield are considered to be
in violation as prescribed in Chapter 15-1 i of the Code of Miami -Dade County.
Please note that the Department of Solid Waste Management (DSWM) has the authority at any
time, to request an accounting of the following.
• A summary of the number of tons of solid waste collected quarterly based on schedule
service, as of the reporting date.
• A summary of the number of tons of recyclable material collected and marketed quarterly,
on a schedule and format prescribed by the department.
You are advised to maintain accurate records in the event such a request is made. It is also
recommended that you keep this document on file as proof of your General Hauler Permit
approval
In addition, General Haulers with solid waste accounts in unincorporated !'Miami -Dade County
must report and pay on a monthly basis, a disposai facility fee on all accounts except recycling
pickup or non -reoccurring C & D pickups.
Should you require additional information specific to your permit, contact the Permit Section at
305-514-6619. If you need assistance with the requirements of the Disposal Facility Fee, contact
Andrea Hankerson at 305-514-6790 or via e-mail at Andrea.Hankersonp_rniamidade.gov .
Sincerel
4
JcJac Cooper
Special Projects Administrator 2
Code Enforcement Division
9/22/2021 . I BidSync p.12
City of Miami
1413386
Local Business Tax Receipt
Miami -Dade County, State of Florida
THIS IS NOT A BILL. — DO NOT PAY
203547
BUSIN&Ss NAMEiLOCATION
WASTE MANAGEMENT OF
DADE COUNTY
8801 NW 91ST ST
MEDLEY, FL 33178
OWNER
WASTE MANAGEMENT INC OF
FLORIDA
Employee(s) 21
RECEIPT NO.
RENEWAL
203547
ILBT
EXPIRES
SEPTEMBER 30, 2022
Must be riisptayad at Place a! business
0 Pursuant to County Corse
Chapter SA — Art. 9 & 10
❑ak
SEC,. TYPE OF BUSINESS
213 SERVICE BUSINESS
CTOR
94.50 08/19/2021
PAYMENT RECEIVED
BY TAX COf.LE
0205-21-003552
This iOeel Business Tax Receipt only cardirms payment ei the Icce! 8usinets Tax, The Receipt is not a licanss,
Permit ar a certification al tyre helder's qualifications, to do business. Raldar must comply With any 9avamme111a,
of nongovernmental regulatory laws and requirements which apply lathe business.
The RECEIPT NO. above must he displayed an all commercial vehicles— Miami —Bade Cade Sec Ba-275.
Farmare information, visit
Local Business Tax Receipt
Miami -Dade County, State of Florida
—THIS 15 NOT A BILL — DO NOT PAY
168765
BUSINESS NAMEILOCATION
WASTE MANAGEMENT OF
DADE COUNTY
8801 NW 91ST ST
MEDLEY, FL 33178
OWNER
WASTE MANAGEMENT INC OF
FLORIDA
Emplayee(s)
MIFF
RECEIPT NO
RENEWAL
168765
�ILBT)
EXPIRES
SEPTEMBER 30, 2022
M _:.=..t be displayed at place of busin, ;
'9
fl�ic
SEC. TYPE OF BUSINESS
213 FERVICE BUSINESS
Pursuant to County Code
Chapter BA — Art 9&10
PAYMENT RECEIVED
BY TAX COLLECTOR
9450 08/19120221
21 0205-21-003861
This Local Business Tax Receipt only conFimas payment of the Local Business Tax. The Receipt is not a license,
permit Ora cortiReation of the holders qualificatlons, to do business, Haldar must comply with say gavornmentaI
or nongovernmental regulatory laws and requirements which apply to the business.
The RECEIPT NO. above must be displayed on all commercial vehicles —Miami -Dade Code Sac Sa-2711.
For mare Intommation, visit www.miemideda 9avAa x collector
9/22/2021 BidSync p. 13
w r
k ^7
6
jy 41y
idSync
� \� d wy�
: � � � \ >
\� �� !\. , � v�.. � .���..� ..
� `�®`° %
� « « -_: < a -
�\\��� wy=�aw�
.- � : � \�}
��� `� \� ) . - -/\2.� � � � \
�� \�� . �� f \ . .
ƒ�� A ' � � `
. °� � � � � � . d
.:\ \���, . . � ..
� }22 w
�`� \<`
City of Miami
1413386
IMPORTANT NOTICE TO BIDDERS:
• BID BOND IS NOT REQUIRED FOR THIS IFB.
• FAILURE TO SUBMIT, COMPLETE, AND/OR SIGN THE FOLLOWING
DOCUMENTS SHALL RENDER YOUR BID NON -RESPONSIVE.
1. THE CERTIFICATION STATEMENT;
2. CERTIFICATIONS SECTION;
3. MIAMI-DADE COUNTY HAULER LICENSE; AND
4. PICTURES AND SPECIFICATIONS OF THE TWENTY (20) CUBIC YARD
CONTAINER WITH WEEP HOLES.
• ALL UPLOADS SHALL BE IN PDF FILE FORMAT, NO OTHER FILE FORMATS
WILL BE ACCEPTED BY THE CITY.
• ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD
THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN
MULTIPLE FILES.
• FOR BIDSYNC TECHNICAL DIFFICULTIES AND/OR ISSUES PLEASE CONTACT
BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER AT 800-990-9339, OR
SUPPORT.BIDSYNC.COM, OR VIA EMAIL AT SUPPORTQBIDSYNC.COM_
9/22/2021 BidSync p. 17
City of Miami
1413386
Table of Contents
Terms anal Conditions
1. General Conditions
I. I. GENERAL TERMS AND CONDITIONS
2. Special Conditions
2.1. PURPOSE
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION
2.3. PRE -BID CONFERENCE
2.4. BIDDER'S MINIMUM QUALIFICATIONS
2.5. REFERENCES
2.6. INSURANCE REQUIREMENTS
2.7. TERM OF CONTRACT
2.8. METHOD OF AWARD
2.9. CONDITIONS FOR RENEWAL
110. NON -APPROPRIATION OF FUNDS
2.11. SUBMISSION REQUIREMENTS
2.12. CURES
2.13. TIE BIDS
2.14. EQUITABLE ADJUSTMENT
2.15. DUMPING/TIPPING FEES AT PASS -THROUGH COST
2.16. PICK UP OF CONTAINERS
2.17. INVOICES
2.18. PROJECT MANAGER
2.19. LIQUIDATED DAMAGES
2.20. DAMAGES TO PUBLIC/PRIVATE PROPERTY
2.21. SAFETY MEASURES
2.22. FORCE MAJEURE
2.23. ADDITIONS/DELETIONS OF FACILITIES/PRODUCTS/SUPPLIERS
2.24. PRIMARY CLIENT (FIRST PRIORITY)
2.25. FAILURE TO PERFORM
226. TERMINATION
2.27. ADDITIONAL TERMS AND CONDITIONS
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
9/22/2021 BidSync p. 18
City of Miami
1413386
Terms and Conditions
1. GENERAL TERMS AND CONDITIONS FOR 11-4VITATION FOR BID (IFB) -
References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-73 of the City
Code. References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code,
Intent: The General Terms and Conditions described herein apply to the acquisition of goods/ services with an
estimated aggregate cost of $25,000.00 or more.
Definition: A Formal Solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for
Qualifications, or Request for Letters of Interest pursuant to the City of Miami (City) Procurement Code and/or Florida
Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein.
I.I. ACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall
remain the property of the Bidder until a physical inspection and actual usage of the good is made, and thereafter is
accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with
specifications and of the highest quality. In the event the goods supplied to the City are found to be defective or do
not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful
Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's
expense.
1.2.. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered
an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of Purchase Order.
13. ACCEPTANCE/REJECTION - The City reserves the right to accept, reject any or all, or portion of responses
after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the
event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation
for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed
to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar
nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not
an all-inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any
irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the
Formal Solicitation.
1A. ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries
from prospective Bidders will be provided in the form of an Addendum. Addenda are available at the Bidsync.
1-5. ALTERNATE RESPONSES _Alternate responses will not be considered, unless specifically requested by the
City.
1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet,
pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title
or interest herein, without the City's prior written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or
arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees through and including,
appellate litigation and any post judgment proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor agrees to provide
9/22/2021 BidSync P. 19
City of Miami
1413386
access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents,
papers, and records of Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the
purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and
retain any and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years
after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure
to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City.
The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being
incorporated by reference herein.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi -
governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services,
specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible
by Federal, State, and local laws, rules, and regulations_
Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of
America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the
Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and
local laws, rules, and regulations.
Each governmental, not -for -profit or quasi -governmental entity which uses this Formal Solicitation and resulting
Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from
and make its own payments, determine shipping terms and issue its own exemption certificates as required by the
Successful Bidder/Contractor.
1.10. AWARD OF CONTRACT -
A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the
entire Contract, unless modified in accordance with any ensuing Contract, or amendment.
B.The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of Procurement
or designee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, Preference to
Businesses with Drug -Free Workplace Programs.
C. The award of this Contract may be preconditioned on the subsequent submission of other documents as specified
in the Special Conditions or Specifications/Scope of Work. Bidder may be found non -responsive if such documents
are not submitted in a timely manner and in the form required by the City. Where Bidder is found non -responsive,
the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response
and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or
may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder
and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs
sustained as a result of the Bidder's failure to satisfy the City's requirements.
D. The terra of the Contract shall be specified in one of three documents which shall be issued to the Successful
Bidder. These documents may either be, a Purchase Carder, Notice of Award, and/or Contract Award Sheet.
E. The City reserves the right to automatically extend this Contract for up to one hundred twenty (120) calendar days
beyond the stated Contract term, in order to provide City departments with continual service and supplies while a
new Contract is being solicited, evaluated, and/or awarded. If the right to extend is exercised, the City shall notify
the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms
and conditions for a specified number of days. Additional extensions beyond the first one hundred twenty (120) day
extension may occur, if, the City and the Successful Bidder/Contractor are in mutual agreement of such extensions.
F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon
completion of the expressed or implied warranty periods.
9/22/2021 BidSync p. 20
City of Miami
1413386
G. The City reserves the right to award the Contract on a split -order, lump sum, individual -item basis, or such method
of award in the best interest of the City, unless otherwise specified.
H. A Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the minimum
qualification requirements reflected herein.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact banking
business in Florida, or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the
State of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if
so indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract, as
bid, if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and
Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid
deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's acceptance
of award. If one hundred eighty (180) days have passed after the date of the Formal Solicitation closing date, and no
Contract has been awarded, all bid deposits will be returned on demand.
1.12. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an
acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award
and the forfeiture of the Bid Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but
in mitigation of damages sustained which cannot be determined at the time of award. Award may then be made to
the next lowest responsive and responsible Bidder, or all Bid responses may be rejected.
1.13. BID RESPONSE FORM - All required forms in the Formal Solicitation should be completed, signed, and
submitted accordingly as specified to in the Formal Solicitation. Digital signatures may only be utilized if expressly
permitted in the solicitation.
1.14. BRAND NAMES - If, and wherever in the specifications, brand names, makes, models, names of any
manufacturers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type,
function, minimum standard of design, efficiency, grade, or quality of goods only. When the City does not desire to
rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified,
any manufacturers' names, trade names, brand names, information or catalog numbers listed in aspecif-ication are
descriptive, not restrictive or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable
specifications, including without limitation the following. Equal in every important attribute, to include industry
quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and
warranty coverage, and the delivery schedule.
When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data
(e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the
equality of the items) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials,
literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The
City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are
acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the
proposed brand is other than specified by the City. Such samples are to be furnished after Formal Solicitation
opening/closing, upon request of the City. If samples are requested by the City, such samples must be received by the
City no later than seven (7) calendar days after a formal request is made.
When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number,
that named item is the only item that will be accepted by the City in that particular instance.
1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation, before its opening/closing.
In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written
explanation for the cancellation_ There shall be no recourse against the City for a cancellation made in accordance
with this Section.
9/22/2021 BidSync p. 21
City of Miami
1413386
1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditures that
the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required
by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated
to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful
Bidder/Contractor. If Successful Bidder/Contractor has been unable to recoup its capital expenditures during the time
it is rendering such goods/services, it shall not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable
for, or responsible to, the Bidder, any subcontractor, or to any other person for, or on account of, any stoppages or
delay in the work herein provided for by injunction, or other legal or equitable proceedings, or on account of any
delay for any cause over which the City has no control_
1.18. COLLUSION - Bidder, by submitting a response, terrifies that its response is made without previous
understanding, agreement, or connection either with any person, firm, or corporation submitting a Bid for the same
goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies
that its response is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in compliance
with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where
collusion may have occurred, and the City reserves the right to reject any and all Bids where collusion may have
occurred.
119. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor
understands that contracts between private entities and local governments are subject to certain Iaws, codes, and
regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records
keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes,
regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental
agency and/or owner of intellectual property rights as that may in any way affect the goods or services offered,
including, but not limited to.
A Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race,
creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate
of pay or other compensation methods, and training selection,
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes,
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
C. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
IL National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
L City Procurement Ordinance, City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K Cone of Silence, City Code Section 18-74.
9/22/2021 BidSync p. 22
City of Miami
1413386
L The Florida Statutes Sections 218.70 to 218.79, the Prompt Payment Act.
Lack of knowledge by the Successful Bidder/Contractor will in no way be a cause for relief from responsibility. Non-
compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may be
considered grounds for termination of Contract at the option of the City Manager.
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed
upon each Formal Solicitation once advertised and terminates at the time the City Manager issues a written
recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal Solicitations
for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any
communication regarding Formal Solicitations between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but
not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective
staffs.
The provision does not apply to, among other communications: oral communications with the City Procurement staff,
provided the communication is limited strictly to matters of process or procedure already contained in the Formal
Solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site
visits/inspections, pre -bid conferences, or public presentations made to the Miami City Commission during a duly
noticed public meeting; or communications in writing or by email at any time with any City employee, official or
member of the City Commission unless specifically prohibited by the applicable Formal Solicitation documents; or
corrununications in connection with the collection of industry comments or the performance of market research
regarding a particular Formal Solicitation by City Procurement staff.
Bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made
available to any person upon request. The City shall respond in writing and file a copy with the City Clerk's Office,
which shall be made available to any person upon request. Written communications may be in the form of an e-mail,
or fax with a copy to the City Clerk's Office being required.
In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any
award voidable. A violation by a particular Bidder, Iobbyist or consultant shall subject same to potential penalties
pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such
violation to the State Attorney and/or may file a complaint with the Miami Dade County Commission on Ethics.
This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code
Section 18-74 for a complete and thorough description of the Cone of Silence_ You may contact the City Clerk's
Office at 305-250-5360 or clerks@miamigov.com, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in
the Sunshine (public Meetings) Act and Public Records Act. If this Contract contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order.
112. CONFLICT OF INTEREST - Bidders, by responding to this Formal Solicitation, certify that to the best of
their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested,
directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on
the part of the Bidder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the
name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total
assets of capital stock in Bidder's firm.
A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within
his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himselfTherself, or
others. Bidder may not disclose or use information not available to members of the general public and gained by
9/22/2021 BidSync p. 23
City of Miami
1413386
reason of his/her position, except for information relating exclusively to governmental practices, for his/her personal,
or benefit, or for the personal gain, or benefit of any other person, or business entity.
B. Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any person,
or agency acting for the City, and has not appeared in representation of any third party before any board, Commission,
or agency of the City within the past two years. Bidder further warrants that he/she is not related, specifically the
spouse, son, daughter, parent, brother, or sister, to: (i) any member of the Comrission; (ii) the Mayor; (iii) any City
employee; or (iv) any member of any board or agency of the City.
C.A violation of this section may subject the Bidder to immediate termination of any contract with the City, and
imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by the Miami -Dade County Commission on Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no violation of copyright or
patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result
of this Formal Solicitation, and Bidders agree to hold the City harmless from any and all liability, loss, or expense
occasioned by any such violation.
1.24. COST INCURRED BY BIDDER - All expenses involved with the preparation and submission of Bids to the
City, or any work performed in connection therewith shall be bome by the Bidder.
1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) -
A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual
Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief
Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Parry, for the causes listed
below, from consideration for award of City Contracts. The debarment shall be for a period of not fewer than three
(3) years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award
of City Contracts if there is probable cause for debarment, pending the debarment determination. The authority to
debar/suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief
Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission.
B. Causes for debarment/suspension. Causes for debarment or suspension include the following:
1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private
Contract or subcontract, or incident to the performance of such Contract or subcontract.
2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of
records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty.
3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals.
4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -
responsibility. Such violation may include failure without good cause to perform in accordance with the terms and
conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform
caused by acts beyond the control of a party shall not be considered a basis for debar►nent/suspension.
5) Debarment/suspension of the Contractual Party by any federal, state or other governmental entity.
6) False certification pursuant to paragraph C below.
7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation
remains noncompliant.
8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or
9/22/2021 BidSync p. 24
City of Miami
1413386
fine is due and owing to the city.
9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the
Contractual Party performing city Contracts-
C. Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that
neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations
set forth above or debarred or suspended as set forth in paragraph (b)(5).
D. Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render
a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided
promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief.
1-26. DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida
debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a
public entity; may not submit a Response to a solicitation with a public entity for the construction or repair of a public
building or public work; may not submit response on leases of real property to a public entity; may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and
may not transact business with any public entity.
1.27. DEFAULT&AILURE TO PERFORM -The City shall be the sole judge of nonperformance, which shall
include any failure on the part of the Successful Bidder/Contractor to accept the award, to furnish required documents,
and/or to fulfill any portion of this Contract within the time stipulated.
Upon default by the Successful Bidder/Contractor to meet any terms of a Contract, the City will notify the Successful
Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days (weekends and
holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful Bidder/Contractor
to correct the default within the required three (3) days, shall result in the Contract being terminated upon the City
notifying in writing the Successful Bidder/Contractor of its intentions and the effective date of the termination. The
following shall constitute default;
A. Failure to perform the work or deliver the goods/services required under the Contract, and/or within the time
required, or failing to use the subcontractors, entities, and personnel as identified and set forth, and to the degree
specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely
completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an
assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful
Bidder/Contractor incapable of performing the work in accordance with, and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
Ail costs and charges incurred by the City as a result of a default, or a default incurred beyond the time limits stated,
together with the cost of completing the work, shall be deducted from any monies due, or which may become due on
this Contract to the Successful Bidder/Contractor.
1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to
determine if it is responsive to the submission requirements outlined in the Formal Solicitation.
9/22/2021 BidSync p. 25
City of Miami
1413386
A.Responsive Bid is one which follows the requirements of the Formal Solicitation, includes all documentation, is
submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures
as required on each document. Failure to comply with these requirements may deem a Bid non -responsive.
B. Determination of Responsibility. A Responsible Bidder shall mean a Bidder who has submitted a Bid and who
has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract
requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance.
1) Bids will only be considered from any person or firm who are regularly engaged in the business of providing the
good(s)/service(s) required by the Formal Solicitation. Bidder must be able to demonstrate a satisfactory record of
performance and integrity, and have sufficient financial, material, equipment, facility, personnel resources, and
expertise to meet all contractual requirements.
2) The City may consider any information available regarding the financial, technical, and other qualifications and
abilities of a Bidder, including past performance (experience) with the City or any other governmental entity, in
making the award.
3) The City may require the Bidder(s) to provide documentation that they have been designated as an authorized
representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal
Solicitation.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall
be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Terms and
Conditions. Price discounts, off the original prices quoted in the Response, will be accepted from Successful
Bidder/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one
hundred and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to
Successful Bidder/Contractor will be passed on to the City.
130. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal
Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department. Should
it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of
the Purchase Order (Contract documents). The City will not be responsible for any oral instructions, clarifications, or
other communications.
A. Order of Precedence. Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the
following documents, the first of such list being the governing documents.
1) Addenda (if applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
131. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or
disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined
within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful
Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency.
132. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal
Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami
and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with
respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any,
made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters or changes any
of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any
addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the
9/22/2021 BidSync p. 26
City of Miami
1413386
City and Successful Bidder/Contractor.
133. ESTIMATED QUANTITIES —
Estimated quantities or dollars are provided for the Bidder's guidance only:
(a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the
City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible
additional quantities that may be ordered by other government, quasi -government or non-profit entities utilizing this
Contract. No guarantee is expressed or implied as to quantities that will be purchased during the Contract period. The
City is not obligated to place an order for any given amount subsequent to the award of the Contract. Said estimates
may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the
right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES —
A. Rejection of Bids. The City may reject a Bid for any of the following reasons:
1) Bidder fails to acknowledge receipt of addenda;
2) Bidder misstates or conceals any material fact in the Bid;
3) Bid does not conform to the requirements of the Formal Solicitation;
4) Bid requires a conditional award that conflicts with the method of award;
5) Bid does not include required samples, certificates, licenses; and,
6) Bid was not executed by the Bidder's authorized agent.
The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re -
advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City.
B. Elimination from Consideration.
1) A Bid Contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract,
or which is a defaulter as surety or otherwise upon any obligation to the City.
2) A Bid Contract may not be awarded to any person or firm which has failed to perform under the terms and
conditions of any previous contract with the City or failed to deliver on time, under contracts of a similar nature.
3) A Bid contract may not be awarded to any person or firm who has been debarred by the City, in accordance with
the City's Debarment and Suspension Ordinance (Section 18-107), or is currently debarred by the State of Florida or
any political subdivision, or is on the convicted vendor's list per Section 287.133, Florida Statutes.
135 EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions
to the General Terms and/or Special Conditions shall be cause for a Bid to be considered non -responsive.
136. Freight on Board (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices
quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges
included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for
rejection of Bid.
137. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm
throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will
remain firm for the period of performance, or resulting purchase orders, or Bid Contracts.
138. FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE -
A Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24,
employers shall pay employee wages no Iess than the minimum wage for all hours worked in Florida. Accordingly,
it is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this
9/22/2021 BidSync p. 27
City of Miami
1413386
Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This
minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI")
for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States
Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency
Workforce Innovation on September 30th of each year and take effect on the following January I st.
It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their
employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the
Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and
current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful
Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its
prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s)_ The City
reserves the right to request and the Successful Bidder/Contractor must provide for any, and all information to make
a wage and contractual price increase(s) determination.
R City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service
Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and
awarded on, or after January 1, 2017 by the City.
"Service Contract" means a contract to provide services to the City, excluding, however, professional services as
defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City
Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as
Attachment A. Please see provisions in Attachment A.
If solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide
services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than
$13.19 an hour, with health benefits.
This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review
Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance.
139. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this formal
Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or
arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action orproceeding
each parry shall bear their own respective attorney's fees.
1A0. HEADINGS AND TERMS - The headings to the various paragraphs of the Bid Contract have been inserted
for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any
way, the expressed terms and conditions hereof.
1A1. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm,
or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of
"individually identifiable health information (IIHI), and/or Protected Health Information (PHI), shall comply with
the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami Privacy Standards.
HIPAA mandates for privacy, security, and electronic transfer standards, which include, but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the
Bidder and reasonable assurances that IIHI/PHI will be held confidential;
9/22/2021 BidSync p. 28
City of Miami
1413386
E. Making PHI available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested
by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits_
PHI shall maintain its protected status regardless of the form and method of transmission (i.e., paper records, and/or
electronic transfer of data). The Successful Bidder/Contractor must give its customers written notice of its privacy
information practices, including specifically, a description of the types of uses and disclosures that would be made
with protected health information.
1.42 INDEMNIFICATION -Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at
its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages,
losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful
Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this
Contract. The Successful Bidder/Contractor shall further, hold the City, its officials and employees, indemnify, save
and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions,
statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that
the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against
the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from the
City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful
Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or
otherwise provided by the Successful Bidder/Contractor shall in no way limit the responsibility to indemnify, keep
and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate the Successful Bidder/Contractor to defend, at its own expense,
to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense,
at the City`s option, any and all claims of liability and all suits and actions of every name and description which may
be brought against the City, whether performed by the Successful Bidder/Contractor, or persons employed or utilized
by the Successful Bidder/Contractor.
These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the
Iaws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of
Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended.
Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each
sub -contractor will indemnify the City in substantially the same language as this Section. The Successful
Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which
may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either
through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by
the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or
shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this
Contract.
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for
the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged
by the Successful Bidder/Contractor.
1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in
9/22/2021 BidSync p. 29
City of Miami
1413386
the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder must submit for
evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS) as
required, covering the products offered. Reference to literature submitted with a previous bid, or on file with the City,
will not satisfy this provision.
1.44. INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful
Bidder's/Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods and/or services required to be provided by the Successful Bidder/Contractor, under the Bid Contract
conform to the terms and conditions of the Formal Solicitation, Successful Bidder/Contractor shall make available
to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City
representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City
of Miami Ordinance No. 12271 (Section 18-101) City Code, as same may be amended or supplemented, from time
to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are
deemed as being incorporated by reference as supplemental terms.
IA5. INSPECTION OF BID - Bids received by the City, pursuant to a Formal Solicitation, will not be made
available until such time as the City provides notice of a decision, or intended decision, or within 30 days after bid
closing, whichever is earlier. Bid results will be tabulated and may be furnished upon request, via fax or e-mail, to
the City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the
City's website following a recommendation for award.
1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall
furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance
shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled
"Insurance Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of
insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the
Successful Bidder/Contractor shall be verbally notified of such deficiency and shall have an additional five (5)
calendar days to submit a corrected certificate to the City. If the Successful Bidder/Contractor fails to submit the
required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days
after receipt of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and
conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed
to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami,
Florida 33130, 305416-1384.
The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in
conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and
extensions that may be exercised by the City.
1.47. INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order
number and description of goods and/or services delivered (i_e., quantity, unit price, extended price, etc.); and in
compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act).
1.48. LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non -local Bidder
submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain
a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local
Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have
the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted
by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the
lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder,
contract award shall be made to the local Bidder."
9/22/2021 BidSync p. 30
City of Miami
1413386
1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate
Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the
rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder/Contractor shall bear
full liability.
1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or
understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable,
shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of
a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as
applicable.
1.51. MOST FAVORED NATIONS - SuccessfuI Proposer shall not treat the City of Miami ("City") worse than any
other similarly -situated local government and, in this regard, grants the City a "most favored nations clause" meaning
the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful
Bidder/Proposer grants now or in the future to a similarly situated local government.
1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or
construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any
other similar relationship between the parties.
1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with
specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other
appropriate testing laboratories as determined by the City. The data derived from any test for compliance with
specifications is public record, and open to examination thereto in accordance with Chapter 119, Florida Statutes.
Items delivered, not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's
expense. The non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or
Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all re -
procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above
stipulations may also result in the Successful Bidder/Contractor being removed from the City's suppliers list.
1.54. NONDISCRIMINATION - Successful Bidder/Contractor affirms that it shall not discriminate as to race,
gender, color, age, religion, national origin, marital status, or disability, in connection with its performance under the
Formal Solicitation. Furthermore, Successful Bidder/Contractor affirms that no otherwise qualified individual shall
solely by reason of their race, gender, color, age, religion, national origin, marital status or disability be excluded
from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity.
In connection with the conduct of its business, including performance of services and employment of personnel,
Successful Bidder/Contractor shall not discriminate against any person on the basis of race, gender, color, age,
religion, national origin, marital status or disability. All persons having appropriate qualifications shall be afforded
equal opportunity for employment.
1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve in the City's
best interest, the City reserves the right to advertise for, receive, and award additional contracts for the goods and/or
services described herein, and to mare use of other competitively bid (governmental) contracts, agreements, or other
similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance
with the applicable provisions of the City of Miami Procurement Ordinance.
It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the
Successful Bidders)/Contractor(s) to receive all orders that may be generated by the City, in conjunction with the
Formal Solicitation.
In addition, any and all goods, and/or services required by the City in conjunction with construction projects are
solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and
awards rendered under the Formal Solicitation, unless such purchases are determined to be in the best interest of the
9/22/2021 BidSync p. 31
City of Miami
1413386
City.
1.56. NOTICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities
that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ),
Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (ITQ), Requests
for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any
solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor
irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion
of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not
waivable by the city.
BIDS SUBMITTED WITH IRREGULARITIES DEFICIENCIES AND/OR TECHNICALITIES THAT
DEVIATE FROM THE MINIMUM_ QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS
IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to
the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer
understands that non -responsive Bids will not be evaluated.
1.57. OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any person, firm, corporation, or joint
venture, with a business location within the City's municipal boundaries and is submitting a Bid under the Formal
Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31. I, Article I ofthe
City of Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local
Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt
must be submitted with the Bid; however, the City may, in its sole discretion, and in its best interest, allow the Bidder
to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but prior to award.
A Certificate of Use ("CU") will be required if applicable under City regulations.
1.58. ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will
be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation.
159. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties, that any documents, records,
files, or any other matter whatsoever, which is given by the City to the Successful Bidder/Contractor, pursuant to the
Formal Solicitation shall at all times remain the property of the City, and shall not be used by the Successful
Bidder/Contractor for any other purposes whatsoever, without the written consent of the City.
1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or
circumstance, shall to any extent be held invalid, then the remainder of the Bid Contract or, the application of such
provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby,
and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law.
1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a
Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred
percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law, and be in a form
acceptable to the City of Miami Risk Management Director.
1.62. PREPARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, drawings,
and all special and general conditions.
A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print, type or
manually enter the all requested information, sign and upload the Certification Statement.
B.If so required, the unit price for each unit offered, shall be shown, and such price shall include packaging, handling
and shipping, and F.O.B. Miami delivery inside City premises, unless otherwise specified. Bidder shall include in
9/22/2021 BidSync p. 32
City of Miami
1413386
their Bid all taxes, insurance, social security (if applicable), workmen's compensation, and any other benefits
normally paid by the Bidder to its employees. If applicable, a unit price shall be entered in the "Unit Price" column
for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for
each item offered. In case of a discrepancy between the unit price and extended price, the unit price will prevail.
C. The Bidder must state a definite time, if required, in calendar days, for delivery of goods and/or services.
D. The Bidder should retain a copy of all response documents for future reference.
E. All Bids, as described, must be fully completed and typed, or printed in ink and must be signed in ink with the
Bidder's name, and by an officer or employee having authority to represent the Bidder by their signature. Bids having
any erasures or corrections, must be initialed in ink by person signing the Certification Statement or the Bid may be
rejected.
F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful
Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion-
G. The City's Bid Forms shall be used when Bidder is submitting its Bid. Use of any other forms, will result in the
rejection of the Bid_
1.63. PRICE ADJUSTMENTS - Any price decrease effectuated during the Bid Contract period, either by reason of
market change, or on the part of the Successful Bidder/Contractor to other customers shall be passed on to the City..
1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product
becomes unavailable during the term of the Bid Contract, the Successful Bidder/Contractor awarded that item may
arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower,
provided that a sample is approved in advance of delivery, and that the new product meets or exceeds all quality
requirements.
1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Successful Bidder/Contractor represents and warrants to the City, that it has not employed, or retained any person,
or company employed by the City to solicit or secure the Bid Contract and that the Successful Bidder/Contractor has
not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any
kind contingent upon, or in connection with, the award of the Bid Contract.
1.66. PROMPT PAYMENT -- Bidders may offer a cash discount for prompt payment; however, discounts shall not
be considered in determining the lowest net cost for Bid evaluation purposes.
Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no
prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no
discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent
(2%), 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or
receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage,
the cash discount period shall commence on the date fmaI approval for payment is authorized. If a discount is part of
the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount
with the period commencing on the date it is determined by the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidders) during
the term of the contract, The City will comply with the Florida Prompt Payment Act, as applicable.
1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a
Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to
such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the
Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the
9/22/2021 BidSync p. 33
City of Miami
1413386
responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total
loss, the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current
market value, less depreciation of the property, if any.
1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resultant Bid Contract, all
covenants, conditions and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the
benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns.
1.69. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list,
following a conviction for a public entity crime may not:
A. Submit a Bid to provide any goods or services to a public entity.
B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work.
C. Submit responses on leases of real property to a public entity.
D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity.
E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
1.70. PUBLIC RECORDS — Successful Bidder/Contractor understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter
119, Florida Statutes, and City Code, Section 19, Article 111, and agrees to allow access by the City and the public,
to all documents subject to disclosure under applicable law. Successful Bidder/Contractor shall additionally comply
with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records".
Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without
limitation:
A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this
service.
B. Provide the public with access to public records on the same terms and conditions as the City would at the cost
provided by Chapter 119, Florida Statutes, or as otherwise provided by law-
C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as
authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its
possession upon termination of this Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from disclosure requirements.
E. All electronically stored public records must be provided to the City in a format compatible with the City's
information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT CONTACT THE DIVISION OF
PUBLIC RECORDS AT 005) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COMi OR
REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY 444 SW 2ND AVENUE
9TH FL MIAMI FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN
AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT.
9/22/2021 BidSync p. 34
City of Miami
Solicitation 1413386
Solicitation 1413386
Vactor Truck Debris Hauling
Solicitation Designation: Public
City of Miami
8/24/2021 2:26 PM P. 1
City of Miami
Solicitation 1413386
Solicitation 1413386
Vactor Truck Debris Hauling
Solicitation Number 1413386
Solicitation Title Vactor Truck Debris Hauling
Solicitation Start Date In Held
Solicitation End Date Sep 21, 2021 3:00:00 PM EDT
Question & Answer End Sep 7, 2021 3:00:00 PM EDT
Date
Solicitation Contact Cristiane Lima
305-416-1904
clima@miamigov.com
Contract Duration See Specifications
Contract Renewal See Specifications
Prices Good for See Specifications
Pre -Solicitation Conference Sep 2, 2021 11:0O:OOAM EDT
Attendance is optional
Location: +1 786-598-2961, United States, Miami (Toll)
Conference ID: 660 250 383#
Please see the Bid Document for the meeting link. Refer to Section 2.3. PRE-BID/PRE-PROPOSAL
CONFERENCE.
Solicitation Comments THE PURPOSE OF THIS SOLICITATION IS TO ESTABLISH A CONTRACT FOR VACTOR TRUCK DEBRIS
HAULING SERVICES, AS SPECIFIED HEREIN, FROM A SOURCE(S), FULLY COMPLIANT WITH THE
TERMS, CONDITIONS AND STIPULATIONS OF THE SOLICITATION.
BID BOND IS NOT REQUIRED FOR THIS IFB.
FAILURE TO SUBMIT, COMPLETE, AND/OR SIGN THE FOLLOWING DOCUMENTS SHALL RENDER
YOUR BID NON -RESPONSIVE.
THE CERTIFICATION STATEMENT;
CERTIFICATIONS SECTION;
MIAMI-DADE COUNTY HAULER LICENSE; AND
PICTURES AND SPECIFICATIONS OF THE TWENTY (20) CUBIC YARD CONTAINER WITH WEEP HOLES.
ALL UPLOADS SHALL BE IN PDF FILE FORMAT, NO OTHER FILE FORMATS WILL BE ACCEPTED BY
THE CITY.
ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED
FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES.
FOR BIDSYNC TECHNICAL DIFFICULTIES AND/OR ISSUES PLEASE CONTACT BIDSYNC VENDOR
SUPPORT TOLL -FREE NUMBER AT 800-990-9339, OR SUPPORT.BIDSYNC.COM, OR VIA EMAIL AT
SUPPORT@BIDSYNC.COM .
8/24/2021 2:26 PM p. 2
City of Miami
Item Response Form
Solicitation 1413386
Item
1413386--01-01 - Disposal Charge Per Ton (Not Including Tipping Fees)
Quantity
884 ton
Unit Price
Delivery Location
City of Miami
Refer to Section 3. Specifications
Refer to Section 3. Specifications
Miami FL 33130
Qty 884
Description
Estimated quantity is based on an average of 17 tons per week times 52 weeks per calendar year.
Item
1413386--01-02 - Disposal Charge Per Container -10 Cubic Yard Container
Quantity
104 each
Unit Price
Delivery Location
City of Miami
Refer to Section 3. Specifications
Refer to Section 3. Specifications
Miami FL 33130
Qty 104
Description
Estimated quantity is based on the pick-up and disposal of two (2) containers per week (or as needed) times 52 weeks per calendar year.
Item 1413386--01-03 - Disposal Charge Per Container - 20 Cubic Yard Container
Quantity 52 each
Unit Price
Delivery Location City of Miami
Refer to Section 3. Specifications
Refer to Section 3. Specifications
Miami FL 33130
Qty 52
Description
Estimated quantity is based on the pick-up and disposal of one (1) container per week (or as needed) times 52 weeks per calendar year.
Item
Quantity
Unit Price
Delivery Location
1413386--01-04 - Environmental Testing & Sampling Certificate
1 year
City of Miami
Refer to Section 3. Specifications
Refer to Section 3. Specifications
Miami FL 33130
Qty 1
Description
8/24/2021 2:26 PM p. 3
City of Miami
One Time Annual Testing - Valid for One Year
Solicitation 1413386
8/24/2021 2:26 PM p. 4
City of Miami
Solicitation 1413386
City of Miami
Invitation for Bid (IFB)
Procurement Department
Miami Riverside
Center 444 SW 2nd
Avenue, 611 Floor
Miami, Florida 33130
Web Site Address: www.miami.gov.com/procurement
IFB Number: 1413386
Title: Invitation for Bid for Vactor Truck Debris Hauling
Issue Date/Time: 26-AUG-2021
IFB Closing Date/Time: 21-SEP-2021 @ 3:00 p.m.
Pre-Bid/Pre-Proposal Conference: Voluntary
Pre-Bid/Pre-Proposal Date/Time:
Pre-Bid/Pre-Proposal Location:
Deadline for Request for Clarification:
Contracting Officer:
Contracting Officer E-Mail Address:
Contracting Officer Facsimile:
Thursday, September 2, 2021 @ 11:00 a.m.
Virtual Via Microsoft Teams
Tuesday, September 7, 2021 @ 3:00 p.m.
Lima, Cristiane
CLima a.miamigov.com
(305)400-5009
8/24/2021 2:26 PM P. 5
City of Miami
Certification Statement
Solicitation 1413386
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain
a copy for your files. Prices should include all costs, including transportation to destination. The City
reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum
of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107
or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any corporation,
firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in
all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this
solicitation and certify that I am authorized to sign this submission for the submitter. Please print the
following and sign your name:
PROPOSER NAME:
ADDRESS:
PHONE: FAX:
EMAIL:
SIGNED BY:
TITLE:
CELL(Optional):
DATE:
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS
RESPONSE.
8/24/2021 2:26 PM p. 6
City of Miami
Certifications
Solicitation 1413386
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Address, City, State, Zip, Contact Name, Contact Tittle, Phone, Fax, Email:
Federal Employer Identification (" FEIN/EIN") Number:
Office Location: City of Miami, Miami -Dade County, or Other
Business Tax Receipt/ Occupational License Number:
Business Tax Receipt/ Occupational License Issuing Agency:
Business Tax Receipt/ Occupational License Expiration Date:
Will Subcontractor(s) be used? (Yes or No)
If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be
responsible for under this contract (a copy of their license(s) must be submitted with your bid response).
If no subcontractor(s) will be utilized, please insert N/A.:
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
date of receipt (i.e. Addendum No. 1, 1/1/21). If no addendum/addenda was/were issued, please insert
N/A.
Reference No. 1: Name of Company/Agency for which Bidder is currently providing the
services/goods as described in this solicitation, or has provided such services/goods in the past:
8/24/2021 2:26 PM p. 7
City of Miami
Solicitation 1413386
Reference No. 1: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no. I
Reference No. 1: Date of Contract or Sale for above reference no. I
Reference No. 2: Name of Company/Agency for which Bidder is currently providing the
services/goods as described in this solicitation, or has provided such services/goods in the past:
Reference No. 2: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2
Reference No. 2: Date of Contract or Sale for above reference no. 2
Reference No. 3: Name of Company/Agency for which Bidder is currently providing the
services/goods as described in this solicitation, or has provided such services/goods in the past:
Reference No. 3: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 3: Name of Contact Person, Telephone Number and Email for above reference no. 3
Reference No. 3: Date of Contract or Sale for above reference no. 3
Are the picture(s) and specification(s) of the twenty (20) cubic yard container with weep holes included
with your submission?
No bids will be considered without the picture(s) and specification(s). YES OR NO?
Is the Miami -Dade County Hauler license included with your submission?
No bids will be considered without the Miami -Dade County Hauler license. YES OR NO?
8/24/2021 2:26 PM p. 8
City of Miami
Solicitation 1413386
IMPORTANT NOTICE TO BIDDERS:
• BID BOND IS NOT REQUIRED FOR THIS IFB.
• FAILURE TO SUBMIT, COMPLETE, AND/OR SIGN THE FOLLOWING
DOCUMENTS SHALL RENDER YOUR BID NON -RESPONSIVE.
1. THE CERTIFICATION STATEMENT;
2. CERTIFICATIONS SECTION;
3. MIAMI-DADE COUNTY HAULER LICENSE; AND
4. PICTURES AND SPECIFICATIONS OF THE TWENTY (20) CUBIC YARD
CONTAINER WITH WEEP HOLES.
• ALL UPLOADS SHALL BE IN PDF FILE FORMAT, NO OTHER FILE FORMATS
WILL BE ACCEPTED BY THE CITY.
• ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD
THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN
MULTIPLE FILES.
• FOR BIDSYNC TECHNICAL DIFFICULTIES AND/OR ISSUES PLEASE CONTACT
BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER AT 800-990-9339, OR
SUPPORT.BIDSYNC.COM, OR VIA EMAIL AT SUPPORT2BIDSYNC.COM.
8/24/2021 2:26 PM P. 9
City of Miami
Solicitation 1413386
Table of Contents
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
2. Special Conditions
2.1. PURPOSE
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION
2.3. PRE -BID CONFERENCE
2.4. BIDDER'S MINIMUM QUALIFICATIONS
2.5. REFERENCES
2.6. INSURANCE REQUIREMENTS
2.7. TERM OF CONTRACT
2.8. METHOD OF AWARD
2.9. CONDITIONS FOR RENEWAL
2.10. NON -APPROPRIATION OF FUNDS
2.11. SUBMISSION REQUIREMENTS
2.12. CURES
2.13. TIE BIDS
2.14. EQUITABLE ADJUSTMENT
2.15. DUMPING/TIPPING FEES AT PASS -THROUGH COST
2.16. PICK UP OF CONTAINERS
2.17. INVOICES
2.18. PROJECT MANAGER
2.19. LIQUIDATED DAMAGES
2.20. DAMAGES TO PUBLIC/PRIVATE PROPERTY
2.21. SAFETY MEASURES
2.22. FORCE MAJEURE
2.23. ADDITIONS/DELETIONS OF FACILITIES/PRODUCTS/SUPPLIERS
2.24. PRIMARY CLIENT (FIRST PRIORITY)
2.25. FAILURE TO PERFORM
2.26. TERMINATION
2.27. ADDITIONAL TERMS AND CONDITIONS
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
8/24/2021 2:26 PM P. 10
City of Miami
Solicitation 1413386
Terms and Conditions
1. GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) -
References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-73 of the City
Code. References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code.
Intent: The General Terms and Conditions described herein apply to the acquisition of goods/ services with an
estimated aggregate cost of $25,000.00 or more.
Definition: A Formal Solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for
Qualifications, or Request for Letters of Interest pursuant to the City of Miami (City) Procurement Code and/or Florida
Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall
remain the property of the Bidder until a physical inspection and actual usage of the good is made, and thereafter is
accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with
specifications and of the highest quality. In the event the goods supplied to the City are found to be defective or do
not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful
Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's
expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered
an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order.
1.3. ACCEPTANCE/REJECTION - The City reserves the right to accept, reject any or all, or portion of responses
after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the
event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation
for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed
to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar
nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not
an all-inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any
irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the
Formal Solicitation.
1.4. ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries
from prospective Bidders will be provided in the form of an Addendum. Addenda are available at the Bidsync.
1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the
City.
1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet,
pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title
or interest herein, without the City's prior written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or
arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees through and including,
appellate litigation and any post judgment proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor agrees to provide
8/24/2021 2:26 PM P. 11
City of Miami
Solicitation 1413386
access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents,
papers, and records of Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the
purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and
retain any and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years
after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure
to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City.
The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being
incorporated by reference herein.
19. AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi -
governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services,
specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible
by Federal, State, and local laws, rules, and regulations.
Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of
America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the
Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and
local laws, rules, and regulations.
Each governmental, not -for -profit or quasi -governmental entity which uses this Formal Solicitation and resulting
Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from
and make its own payments, determine shipping terms and issue its own exemption certificates as required by the
Successful Bidder/Contractor.
1.10. AWARD OF CONTRACT -
A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the
entire Contract, unless modified in accordance with any ensuing Contract, or amendment.
B.The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of Procurement
or designee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, Preference to
Businesses with Drug -Free Workplace Programs.
C. The award of this Contract may be preconditioned on the subsequent submission of other documents as specified
in the Special Conditions or Specifications/Scope of Work. Bidder may be found non -responsive if such documents
are not submitted in a timely manner and in the form required by the City. Where Bidder is found non -responsive,
the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response
and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or
may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder
and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs
sustained as a result of the Bidder's failure to satisfy the City's requirements.
D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful
Bidder. These documents may either be, a Purchase Order, Notice of Award, and/or Contract Award Sheet.
E. The City reserves the right to automatically extend this Contract for up to one hundred twenty (120) calendar days
beyond the stated Contract term, in order to provide City departments with continual service and supplies while a
new Contract is being solicited, evaluated, and/or awarded. If the right to extend is exercised, the City shall notify
the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms
and conditions for a specified number of days. Additional extensions beyond the first one hundred twenty (120) day
extension may occur, if, the City and the Successful Bidder/Contractor are in mutual agreement of such extensions.
F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon
completion of the expressed or implied warranty periods.
8/24/2021 2:26 PM p. 12
City of Miami
Solicitation 1413386
G. The City reserves the right to award the Contract on a split -order, lump sum, individual -item basis, or such method
of award in the best interest of the City, unless otherwise specified.
H. A Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the minimum
qualification requirements reflected herein.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact banking
business in Florida, or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the
State of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if
so indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract, as
bid, if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and
Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid
deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's acceptance
of award. If one hundred eighty (180) days have passed after the date of the Formal Solicitation closing date, and no
Contract has been awarded, all bid deposits will be returned on demand.
1.12. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an
acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award
and the forfeiture of the Bid Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but
in mitigation of damages sustained which cannot be determined at the time of award. Award may then be made to
the next lowest responsive and responsible Bidder, or all Bid responses may be rejected.
1.13. BID RESPONSE FORM - All required forms in the Formal Solicitation should be completed, signed, and
submitted accordingly as specified to in the Formal Solicitation. Digital signatures may only be utilized if expressly
permitted in the solicitation.
1.14. BRAND NAMES - If, and wherever in the specifications, brand names, makes, models, names of any
manufacturers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type,
function, minimum standard of design, efficiency, grade, or quality of goods only. When the City does not desire to
rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified,
any manufacturers' names, trade names, brand names, information or catalog numbers listed in aspecification are
descriptive, not restrictive or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable
specifications, including without limitation the following: Equal in every important attribute, to include industry
quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and
warranty coverage, and the delivery schedule.
When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data
(e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the
equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials,
literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The
City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are
acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the
proposed brand is other than specified by the City. Such samples are to be furnished after Formal Solicitation
opening/closing, upon request of the City. If samples are requested by the City, such samples must be received by the
City no later than seven (7) calendar days after a formal request is made.
When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number,
that named item is the only item that will be accepted by the City in that particular instance.
1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation, before its opening/closing.
In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written
explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance
with this Section.
8/24/2021 2:26 PM p. 13
City of Miami
Solicitation 1413386
1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditures that
the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required
by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated
to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful
Bidder/Contractor. If Successful Bidder/Contractor has been unable to recoup its capital expenditures during the time
it is rendering such goods/services, it shall not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable
for, or responsible to, the Bidder, any subcontractor, or to any other person for, or on account of, any stoppages or
delay in the work herein provided for by injunction, or other legal or equitable proceedings, or on account of any
delay for any cause over which the City has no control.
1.1& COLLUSION - Bidder, by submitting a response, certifies that its response is made without previous
understanding, agreement, or connection either with any person, firm, or corporation submitting a Bid for the same
goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies
that its response is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in compliance
with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where
collusion may have occurred, and the City reserves the right to reject any and all Bids where collusion may have
occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor
understands that contracts between private entities and local governments are subject to certain laws, codes, and
regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records
keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes,
regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental
agency and/or owner of intellectual property rights as that may in any way affect the goods or services offered,
including, but not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race,
creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate
of pay or other compensation methods, and training selection.
R Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
C. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
IL National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
L City Procurement Ordinance, City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K Cone of Silence, City Code Section 18-74.
8/24/2021 2:26 PM p. 14
City of Miami
Solicitation 1413386
L The Florida Statutes Sections 218.70 to 218.79, the Prompt Payment Act.
Lack of knowledge by the Successful Bidder/Contractor will in no way be a cause for relief from responsibility. Non-
compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may be
considered grounds for termination of Contract at the option of the City Manager.
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed
upon each Formal Solicitation once advertised and terminates at the time the City Manager issues a written
recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal Solicitations
for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any
communication regarding Formal Solicitations between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but
not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective
staffs.
The provision does not apply to, among other communications: oral communications with the City Procurement staff,
provided the communication is limited strictly to matters of process or procedure already contained in the Formal
Solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site
visits/inspections, pre -bid conferences, or public presentations made to the Miami City Commission during a duly
noticed public meeting; or communications in writing or by email at any time with any City employee, official or
member of the City Commission unless specifically prohibited by the applicable Formal Solicitation documents; or
communications in connection with the collection of industry comments or the performance of market research
regarding a particular Formal Solicitation by City Procurement staff.
Bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made
available to any person upon request. The City shall respond in writing and file a copy with the City Clerk's Office,
which shall be made available to any person upon request. Written communications may be in the form of an e-mail,
or fax with a copy to the City Clerk's Office being required.
In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any
award voidable. A violation by a particular Bidder, lobbyist or consultant shall subject same to potential penalties
pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such
violation to the State Attorney and/or may file a complaint with the Miami Dade County Commission on Ethics.
This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code
Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk's
Office at 305-250-5360 or clerks@miamigov.com, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in
the Sunshine (public Meetings) Act and Public Records Act. If this Contract contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST - Bidders, by responding to this Formal Solicitation, certify that to the best of
their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested,
directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on
the part of the Bidder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the
name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total
assets of capital stock in Bidder's firm.
A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within
his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or
others. Bidder may not disclose or use information not available to members of the general public and gained by
8/24/2021 2:26 PM P. 15
City of Miami
Solicitation 1413386
reason of his/her position, except for information relating exclusively to governmental practices, for his/her personal,
or benefit, or for the personal gain, or benefit of any other person, or business entity.
B. Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any person,
or agency acting for the City, and has not appeared in representation of any third parry before any board, Commission,
or agency of the City within the past two years. Bidder further warrants that he/she is not related, specifically the
spouse, son, daughter, parent, brother, or sister, to: (i) any member of the Commission; (ii) the Mayor; (iii) any City
employee; or (iv) any member of any board or agency of the City.
C.A violation of this section may subject the Bidder to immediate termination of any contract with the City, and
imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by the Miami -Dade County Commission on Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no violation of copyright or
patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result
of this Formal Solicitation, and Bidders agree to hold the City harmless from any and all liability, loss, or expense
occasioned by any such violation.
1.24. COST INCURRED BY BIDDER - All expenses involved with the preparation and submission of Bids to the
City, or any work performed in connection therewith shall be borne by the Bidder.
1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) -
A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual
Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief
Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Party, for the causes listed
below, from consideration for award of City Contracts. The debarment shall be for a period of not fewer than three
(3) years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award
of City Contracts if there is probable cause for debarment, pending the debarment determination. The authority to
debar/suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief
Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission.
B. Causes for debarment/suspension. Causes for debarment or suspension include the following:
1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private
Contract or subcontract, or incident to the performance of such Contract or subcontract.
2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of
records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty.
3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals.
4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -
responsibility. Such violation may include failure without good cause to perform in accordance with the terms and
conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform
caused by acts beyond the control of a party shall not be considered a basis for debarment/suspension.
5) Debarment/suspension of the Contractual Party by any federal, state or other governmental entity.
6) False certification pursuant to paragraph C below.
7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation
remains noncompliant.
8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or
8/24/2021 2:26 PM p. 16
City of Miami
Solicitation 1413386
fine is due and owing to the city.
9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the
Contractual Party performing city Contracts.
C. Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that
neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations
set forth above or debarred or suspended as set forth in paragraph (b)(5).
D. Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render
a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided
promptly to the Contractual Party, along with a notice of said parry's right to seek judicial relief.
1.26. DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida
debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a
public entity; may not submit a Response to a solicitation with a public entity for the construction or repair of a public
building or public work; may not submit response on leases of real property to a public entity; may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and
may not transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM -The City shall be the sole judge of nonperformance, which shall
include any failure on the part of the Successful Bidder/Contractor to accept the award, to furnish required documents,
and/or to fulfill any portion of this Contract within the time stipulated.
Upon default by the Successful Bidder/Contractor to meet any terms of a Contract, the City will notify the Successful
Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days (weekends and
holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful Bidder/Contractor
to correct the default within the required three (3) days, shall result in the Contract being terminated upon the City
notifying in writing the Successful Bidder/Contractor of its intentions and the effective date of the termination. The
following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract, and/or within the time
required, or failing to use the subcontractors, entities, and personnel as identified and set forth, and to the degree
specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely
completion.
D.Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an
assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful
Bidder/Contractor incapable of performing the work in accordance with, and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default, or a default incurred beyond the time limits stated,
together with the cost of completing the work, shall be deducted from any monies due, or which may become due on
this Contract to the Successful Bidder/Contractor.
1.2& DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to
determine if it is responsive to the submission requirements outlined in the Formal Solicitation.
8/24/2021 2:26 PM p. 17
City of Miami
Solicitation 1413386
A.Responsive Bid is one which follows the requirements of the Formal Solicitation, includes all documentation, is
submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures
as required on each document. Failure to comply with these requirements may deem a Bid non -responsive.
B. Determination of Responsibility. A Responsible Bidder shall mean a Bidder who has submitted a Bid and who
has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract
requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance.
1) Bids will only be considered from any person or firm who are regularly engaged in the business of providing the
good(s)/service(s) required by the Formal Solicitation. Bidder must be able to demonstrate a satisfactory record of
performance and integrity, and have sufficient financial, material, equipment, facility, personnel resources, and
expertise to meet all contractual requirements.
2) The City may consider any information available regarding the financial, technical, and other qualifications and
abilities of a Bidder, including past performance (experience) with the City or any other governmental entity, in
making the award.
3) The City may require the Bidder(s) to provide documentation that they have been designated as an authorized
representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal
Solicitation.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall
be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Terms and
Conditions. Price discounts, off the original prices quoted in the Response, will be accepted from Successful
Bidder/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one
hundred and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to
Successful Bidder/Contractor will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal
Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department. Should
it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of
the Purchase Order (Contract documents). The City will not be responsible for any oral instructions, clarifications, or
other communications.
A. Order of Precedence. Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the
following documents, the first of such list being the governing documents.
1) Addenda (if applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or
disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined
within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful
Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal
Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami
and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with
respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any,
made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters or changes any
of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any
addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the
8/24/2021 2:26 PM p. 18
City of Miami
Solicitation 1413386
City and Successful Bidder/Contractor.
1.33. ESTIMATED QUANTITIES —
Estimated quantities or dollars are provided for the Bidder's guidance only:
(a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the
City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible
additional quantities that may be ordered by other government, quasi -government or non-profit entities utilizing this
Contract. No guarantee is expressed or implied as to quantities that will be purchased during the Contract period. The
City is not obligated to place an order for any given amount subsequent to the award of the Contract. Said estimates
may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the
right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES —
A. Rejection of Bids. The City may reject a Bid for any of the following reasons:
1) Bidder fails to acknowledge receipt of addenda;
2) Bidder misstates or conceals any material fact in the Bid;
3) Bid does not conform to the requirements of the Formal Solicitation;
4) Bid requires a conditional award that conflicts with the method of award;
5)Bid does not include required samples, certificates, licenses; and,
6) Bid was not executed by the Bidder's authorized agent.
The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re -
advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City.
B. Elimination from Consideration.
1) A Bid Contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract,
or which is a defaulter as surety or otherwise upon any obligation to the City.
2) A Bid Contract may not be awarded to any person or firm which has failed to perform under the terms and
conditions of any previous contract with the City or failed to deliver on time, under contracts of a similar nature.
3) A Bid contract may not be awarded to any person or firm who has been debarred by the City, in accordance with
the City's Debarment and Suspension Ordinance (Section 18-107), or is currently debarred by the State of Florida or
any political subdivision, or is on the convicted vendor's list per Section 287.133, Florida Statutes.
1.35. EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions
to the General Terms and/or Special Conditions shall be cause for a Bid to be considered non -responsive.
1.36. Freight on Board (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices
quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges
included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for
rejection of Bid.
1.37. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm
throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will
remain firm for the period of performance, or resulting purchase orders, or Bid Contracts.
1.3& FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE -
A Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24,
employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly,
it is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this
8/24/2021 2:26 PM P. 19
City of Miami
Solicitation 1413386
Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This
minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI")
for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States
Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency
Workforce Innovation on September 30th of each year and take effect on the following January 1 st.
It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their
employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the
Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and
current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful
Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its
prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City
reserves the right to request and the Successful Bidder/Contractor must provide for any, and all information to make
a wage and contractual price increase(s) determination.
R City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service
Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and
awarded on, or after January 1, 2017 by the City.
"Service Contract" means a contract to provide services to the City, excluding, however, professional services as
defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City
Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as
Attachment A. Please see provisions in Attachment A.
If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide
services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than
$13.19 an hour, with health benefits.
This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review
Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance.
1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal
Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or
arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action orproceeding
each party shall bear their own respective attorney's fees.
1.40. HEADINGS AND TERMS - The headings to the various paragraphs of the Bid Contract have been inserted
for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any
way, the expressed terms and conditions hereof.
1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm,
or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of
"individually identifiable health information (IIHI), and/or Protected Health Information (PHI), shall comply with
the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami Privacy Standards.
HIPAA mandates for privacy, security, and electronic transfer standards, which include, but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the
Bidder and reasonable assurances that IIHI/PHI will be held confidential;
8/24/2021 2:26 PM p. 20
City of Miami
Solicitation 1413386
E. Making PHI available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested
by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (i.e., paper records, and/or
electronic transfer of data). The Successful Bidder/Contractor must give its customers written notice of its privacy
information practices, including specifically, a description of the types of uses and disclosures that would be made
with protected health information.
1.42 INDEMNIFICATION -Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at
its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages,
losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful
Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this
Contract. The Successful Bidder/Contractor shall further, hold the City, its officials and employees, indemnify, save
and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions,
statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that
the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against
the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from the
City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful
Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or
otherwise provided by the Successful Bidder/Contractor shall in no way limit the responsibility to indemnify, keep
and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate the Successful Bidder/Contractor to defend, at its own expense,
to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense,
at the City's option, any and all claims of liability and all suits and actions of every name and description which may
be brought against the City, whether performed by the Successful Bidder/Contractor, or persons employed or utilized
by the Successful Bidder/Contractor.
These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the
laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of
Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended.
Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each
sub -contractor will indemnify the City in substantially the same language as this Section. The Successful
Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which
may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either
through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by
the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or
shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this
Contract.
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for
the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged
by the Successful Bidder/Contractor.
1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in
8/24/2021 2:26 PM p. 21
City of Miami
Solicitation 1413386
the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder must submit for
evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS) as
required, covering the products offered. Reference to literature submitted with a previous bid, or on file with the City,
will not satisfy this provision.
1.44. INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful
Bidder's/Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods and/or services required to be provided by the Successful Bidder/Contractor, under the Bid Contract
conform to the terms and conditions of the Formal Solicitation. Successful Bidder/Contractor shall make available
to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City
representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City
of Miami Ordinance No. 12271 (Section 18-101) City Code, as same may be amended or supplemented, from time
to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are
deemed as being incorporated by reference as supplemental terms.
1.45. INSPECTION OF BID - Bids received by the City, pursuant to a Formal Solicitation, will not be made
available until such time as the City provides notice of a decision, or intended decision, or within 30 days after bid
closing, whichever is earlier. Bid results will be tabulated and may be furnished upon request, via fax or e-mail, to
the City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the
City's website following a recommendation for award.
1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall
furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance
shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled
"Insurance Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of
insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the
Successful Bidder/Contractor shall be verbally notified of such deficiency and shall have an additional five (5)
calendar days to submit a corrected certificate to the City. If the Successful Bidder/Contractor fails to submit the
required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days
after receipt of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and
conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed
to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami,
Florida 33130, 305-416-1384.
The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in
conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and
extensions that may be exercised by the City.
1.47. INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order
number and description of goods and/or services delivered (i.e., quantity, unit price, extended price, etc.); and in
compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act).
1.48. LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non -local Bidder
submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain
a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local
Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have
the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted
by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the
lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder,
contract award shall be made to the local Bidder."
8/24/2021 2:26 PM p. 22
City of Miami
Solicitation 1413386
1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate
Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the
rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder/Contractor shall bear
full liability.
1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or
understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable,
shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of
a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as
applicable.
1.51. MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any
other similarly -situated local government and, in this regard, grants the City a "most favored nations clause" meaning
the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful
Bidder/Proposer grants now or in the future to a similarly situated local government.
1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or
construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any
other similar relationship between the parties.
1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with
specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other
appropriate testing laboratories as determined by the City. The data derived from any test for compliance with
specifications is public record, and open to examination thereto in accordance with Chapter 119, Florida Statutes.
Items delivered, not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's
expense. The non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or
Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all re -
procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above
stipulations may also result in the Successful Bidder/Contractor being removed from the City's supplier's list.
1.54. NONDISCRIMINATION - Successful Bidder/Contractor affirms that it shall not discriminate as to race,
gender, color, age, religion, national origin, marital status, or disability, in connection with its performance under the
Formal Solicitation. Furthermore, Successful Bidder/Contractor affirms that no otherwise qualified individual shall
solely by reason of their race, gender, color, age, religion, national origin, marital status or disability be excluded
from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity.
In connection with the conduct of its business, including performance of services and employment of personnel,
Successful Bidder/Contractor shall not discriminate against any person on the basis of race, gender, color, age,
religion, national origin, marital status or disability. All persons having appropriate qualifications shall be afforded
equal opportunity for employment.
1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve in the City's
best interest, the City reserves the right to advertise for, receive, and award additional contracts for the goods and/or
services described herein, and to make use of other competitively bid (governmental) contracts, agreements, or other
similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance
with the applicable provisions of the City of Miami Procurement Ordinance.
It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the
Successful Bidder(s)/Contractor(s) to receive all orders that may be generated by the City, in conjunction with the
Formal Solicitation.
In addition, any and all goods, and/or services required by the City in conjunction with construction projects are
solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and
awards rendered under the Formal Solicitation, unless such purchases are determined to be in the best interest of the
8/24/2021 2:26 PM p. 23
City of Miami
Solicitation 1413386
City.
1.56. NOTICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities
that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ),
Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (TTQ), Requests
for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any
solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor
irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion
of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not
waivable by the city.
BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT
DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS
IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to
the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer
understands that non -responsive Bids will not be evaluated.
1.57. OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any person, firm, corporation, or joint
venture, with a business location within the City's municipal boundaries and is submitting a Bid under the Formal
Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of the
City of Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local
Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt
must be submitted with the Bid; however, the City may, in its sole discretion, and in its best interest, allow the Bidder
to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but prior to award.
A Certificate of Use ("CU") will be required if applicable under City regulations.
1.58.ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will
be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation.
1.59. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties, that any documents, records,
files, or any other matter whatsoever, which is given by the City to the Successful Bidder/Contractor, pursuant to the
Formal Solicitation shall at all times remain the property of the City, and shall not be used by the Successful
Bidder/Contractor for any other purposes whatsoever, without the written consent of the City.
1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or
circumstance, shall to any extent be held invalid, then the remainder of the Bid Contract or, the application of such
provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby,
and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law.
1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a
Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred
percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law, and be in a form
acceptable to the City of Miami Risk Management Director.
1.62. PREPARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, drawings,
and all special and general conditions.
A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print, type or
manually enter the all requested information, sign and upload the Certification Statement.
B. If so required, the unit price for each unit offered, shall be shown, and such price shall include packaging, handling
and shipping, and F.O.B. Miami delivery inside City premises, unless otherwise specified. Bidder shall include in
8/24/2021 2:26 PM p. 24
City of Miami
Solicitation 1413386
their Bid all taxes, insurance, social security (if applicable), workmen's compensation, and any other benefits
normally paid by the Bidder to its employees. If applicable, a unit price shall be entered in the "Unit Price" column
for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for
each item offered. In case of a discrepancy between the unit price and extended price, the unit price will prevail.
C. The Bidder must state a definite time, if required, in calendar days, for delivery of goods and/or services.
D. The Bidder should retain a copy of all response documents for future reference.
E.All Bids, as described, must be fully completed and typed, or printed in ink and must be signed in ink with the
Bidder's name, and by an officer or employee having authority to represent the Bidder by their signature. Bids having
any erasures or corrections, must be initialed in ink by person signing the Certification Statement or the Bid may be
rejected
F.Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful
Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion.
G. The City 's Bid Forms shall be used when Bidder is submitting its Bid. Use of any other forms, will result in the
rejection of the Bid.
1.63. PRICE ADJUSTMENTS - Any price decrease effectuated during the Bid Contract period, either by reason of
market change, or on the part of the Successful Bidder/Contractor to other customers shall be passed on to the City.
1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product
becomes unavailable during the term of the Bid Contract, the Successful Bidder/Contractor awarded that item may
arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower,
provided that a sample is approved in advance of delivery, and that the new product meets or exceeds all quality
requirements.
1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Successful Bidder/Contractor represents and warrants to the City, that it has not employed, or retained any person,
or company employed by the City to solicit or secure the Bid Contract and that the Successful Bidder/Contractor has
not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any
kind contingent upon, or in connection with, the award of the Bid Contract.
1.66. PROMPT PAYMENT — Bidders may offer a cash discount for prompt payment; however, discounts shall not
be considered in determining the lowest net cost for Bid evaluation purposes.
Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no
prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no
discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent
(2%), 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or
receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage,
the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of
the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount
with the period commencing on the date it is determined by the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidder(s) during
the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable.
1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a
Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to
such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the
Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the
8/24/2021 2:26 PM p. 25
City of Miami
Solicitation 1413386
responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total
loss, the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current
market value, less depreciation of the property, if any.
1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resultant Bid Contract, all
covenants, conditions and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the
benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns.
1.69. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list,
following a conviction for a public entity crime may not:
A. Submit a Bid to provide any goods or services to a public entity.
B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work.
C. Submit responses on leases of real property to a public entity.
D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity.
E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
1.70. PUBLIC RECORDS — Successful Bidder/Contractor understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter
119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access by the City and the public,
to all documents subject to disclosure under applicable law. Successful Bidder/Contractor shall additionally comply
with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records".
Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without
limitation:
A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this
service.
B. Provide the public with access to public records on the same terms and conditions as the City would at the cost
provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as
authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its
possession upon termination of this Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from disclosure requirements.
E. All electronically stored public records must be provided to the City in a format compatible with the City's
information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF
PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR
REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE,
9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN
AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT.
8/24/2021 2:26 PM p. 26
City of Miami
Solicitation 1413386
Successful Bidder/Contractor's failure or refusal to comply with the provision of this Section shall result in the
immediate cancellation of the Bid Contract by the City.
1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the
manufacturing, or construction of supplies, or materials, covered by the Formal Solicitation shall be new. The items
bid shall be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as
otherwise specified in the Formal Solicitation.
1.72. QUALITY OF WORK/SERVICES - The work/services performed shall be of the highest quality and
workmanship. Materials furnished to complete the service shall be new and of the highest quality, except as otherwise
specified in the Formal Solicitation.
1.73. REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined
that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid
award shall be cancelled and all bids rejected by the City Commission, the City Manager, or the Chief Procurement
Officer, as may be applicable, or revised to comply with the law.
1.74. RESOLUTION OF CONTRACT DISPUTES (SECTION 18-105):
A.Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney,
shall have the authority to resolve disputes between the Successful Bidder/Contractor and the City which arise under,
or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City
Commission must approve the City Manager's decision. Such authority extends, without limitation, to disputes based
upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a
Contractual Party by submission of a protest to the City Manager.
B.Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render
a written report staring the reasons for the action taken by the City Commission, or the City Manager, which shall be
final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice
of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief
without first having followed the procedure set forth in this Section.
1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104):
(a) Right to protest.
The following procedures shall be used for resolution of protested solicitations and awards except for purchases of
goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon
shall be governed by the administrative policies and procedures of purchasing.
(1) Protest of solicitation.
a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may
protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief
procurement officer within three days after the request for proposals, request for qualifications or request for letters
of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed
when received by the chief procurement officer; or
b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief
procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within
three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a
protest is considered filed when received by the chief procurement officer.
8/24/2021 2:26 PM p. 27
City of Miami
Solicitation 1413386
(2) Protest of award
a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may
protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief
procurement officer within two days after receipt by the proposer of the notice of the city manager's recommendation
for award of contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic
mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by
the chief procurement officer; or
b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may
protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief
procurement officer within two days after receipt by the bidder of the notice of the city's determination of non -
responsiveness or non -responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile
or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when
received by the chief procurement officer.
c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five
days after the date the notice of protest was filed. A written protest is considered filed when received by the chief
procurement officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
assigning points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation
or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required
filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts,
grounds, documentation or evidence not contained in the protester's submission to the chief procurement officer at
the time of filing the protest shall be permitted in the consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed
by this section, the day of the act, event or default from which the designated period of time begins to run shall not
be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal
holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or
legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time
for filing.
(b) Authority to resolve protests; hearing officer(s).
Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City
Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre -approved
by the city commission, to resolve protests filed in accordance with this section, no later than five working days
following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written
protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within
ten days after he/she holds a hearing under the protest.
(1) Hearing officer. The hearing officer maybe a special master as defined in chapter 2, article X, section 2-811 of
the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given
to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative
sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a
recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The
engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers
appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis.
(2) Right ofprotest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved
8/24/2021 2:26 PM p. 28
City of Miami
Solicitation 1413386
with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this
section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of
intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and
the actual protest must each be timely received by the chief procurement officer and must comply with all
requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual
protest within the specified timeframes will result in an administrative dismissal of the protest.
(3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a
hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate
why the decision of the city relative to the solicitation or the award, which may include a recommendation for award
by the city manager to the city commission, as applicable, should be overturned. The party recommended for award,
if it is a protest of award, shall have a right to intervene and be heard.
(4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows:
a. The city shall cause to be served by certified mail a notice of hearing staring the time, date, and place of the
hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the
protester.
b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to can and examine
witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the
protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of
which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest
hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing
officer shall consider the written protest and supporting documents and evidence appended thereto, supporting
documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being
protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her
protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall
allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When
there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for
the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total
of one day.
c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer,
irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type
commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or
not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written
summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the
hearing and issue a final order within the time limits set forth by this section.
d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential
requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion,
or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable
mind might accept as adequate to support a conclusion.
e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager,
the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final order
consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable.
f. The decisions of the hearing officer are final in terms of city decisions relative to the protest.
Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of
8/24/2021 2:26 PM p. 29
City of Miami
Solicitation 1413386
Appellate Procedure.
(c) Compliance with filing requirements.
Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the
required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in
subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The
protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in
this section.
(d) Stay of procurements during protests.
Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further
with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or
the city commission as provided in subsection (b) above, unless the city manager makes a written determination that
the solicitation process or the contract award must be continued without delay in order to avoid an immediate and
serious danger to the public health, safety or welfare.
(e) Costs.
All costs accruing from a protest shall be assumed by the protestor.
(fl Filing fee.
The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to
the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, whichever is
less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any
administrative or court proceeding. If a protest is upheld by the chief procurement officer and/or the city commission,
as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection
(e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the
administrative proceedings as prescribed by subsection (e) above. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629,
§ 2, 9-8-16)
1.76. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to
the City. If not destroyed by testing, Bidder(s) will be notified by the City to remove such samples, at Bidder's
expense, within 30 days after notification. Failure to remove the samples will result in such samples becoming the
property of the City.
1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Successful Bidder/Contractor
shall not sell, assign, transfer, or subcontract at any time during the term of the Contract, the Contract itself, or any
portion thereof, or any part of its operations, or assign, sell, pledge, dispose, convey, or encumber any portion of the
performance required by this Bid Contract, except under, and by virtue of written permission granted by the City
through the proper officials, which may be withheld or conditioned, in the City's sole discretion.
1.78. SERVICE AND WARRANTY - When specified, the Bidder shall define all warranty, service, and
replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities
are available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder's response.
1.79. SILENCE OF SPECIFICATIONS - The apparent silence of the scope of work/specifications, and any
supplemental scope of work/specification as to any detail or the omission from it, of detailed description concerning
any point, shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials
of first quality and correct type, size, and design shall be used. All workmanship and services shall be first quality.
8/24/2021 2:26 PM p. 30
City of Miami
Solicitation 1413386
All interpretations of the scope of work/specifications shall be made upon the basis of this statement.
If Bidder has a current contract with the State of Florida, Department of General Services, to supply the items in the
Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will
result in disqualification of the Bid.
1.80. SUBMISSION AND RECEIPT OF BIDS -
Electronic Bid submittals to this IFB are to be submitted through BidSync Electronic Bidding System ("BidSync")
until the date and time as indicated in the Solicitation. The responsibility for submitting a Bid on/or before the stated
closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for
delays caused by technical difficulties or caused by any other occurrence. Electronic Bid submissions may require the
uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary
file extensions is prohibited. All documents should be attached as individual files and labeled. Any Bids received and
time stamped through BidSync, prior to the Bid submittal deadline shall be accepted as timely submittal anything
thereafter will be rejected. Additionally, BidSync will not allow for the electronic Bid submittal after the closing date
and time has lapsed. Bids will be opened promptly at the time and date specified.
All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection
therewith, shall be home by the Bidder(s). Accordingly, Bidder(s):
1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in
order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department
("City").
2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS.
3. Must submit the Certification Statement and associated solicitation documents which define requirements of
items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via
BidSync. The use of any other forms and/or the modification of City forms will result in the rejection of the Bidder's
Bid submittal.
4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply
with these requirements may cause the Bid to be rejected.
5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it
electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE BID NON-
RESPONSIVE.
6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation.
1.81. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption
certificates will be provided upon request. Notwithstanding, Bidders should be aware that all materials and supplies
that are purchased by the Bidder for the completion of the Bid Contract is subject to the Florida State Sales Tax in
accordance with Section 212.08, Florida Statutes, as amended, and all amendments thereto, and shall be paid solely
by the Bidder.
1.82. TERMINATION - The City Manager, on behalf of the City, reserves the right to terminate the Bid Contract
by written notice to the Successful Bidder/Contractor effective as of the date specified in the notice, should any of
the following apply:
A. The Successful Bidder/Contractor is determined by the City, to be in breach of any of the terms and conditions of
the Bid Contract.
B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid Contract
for its own convenience;
C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is contingent
upon the availability of appropriate funds.
8/24/2021 2:26 PM p. 31
City of Miami
Solicitation 1413386
1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been
received, inspected, and found to comply with award specifications, free of damage, or defect, and properly invoiced.
Payment will be made after delivery, within forty-five (45) days of receipt of an invoice, and authorized inspection
and acceptance of the goods/services, and pursuant to Section 218.74, Florida Statutes, and other applicable law.
1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of the Formal Solicitation.
The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within
the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless otherwise
specified in the Special Conditions.
1.85. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods
or used the goods, whichever comes first.
1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids submitted to the City
are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade
secrets." If the Bid contains information that constitutes a "trade secret", all material that qualifies for exemption from
Chapter 119, must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION,"
with Bidder's name, the Formal Solicitation number, and title marked on the outside.
Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person.
By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and hold
harmless the City for any award to a plaintiff for damages, costs, or attorney's fees and for costs and attorney's fees,
incurred by the City, by reason of any legal action challenging Bidder's claim.
1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor
any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is
issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any
work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful
Bidder's/Contractor's employee(s) not otherwise previously authorized.
1.88. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity
purposes. No advertising, sales promotion, or other publicity materials containing information obtained from the
Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from
the City Manager, or the City Commission.
1.89. VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Bidder(s) must
indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how
slight. If variations, are not stated on their Bid, it will be assumed that the product fully complies with the Formal
Solicitation's scope of work/specifications.
8/24/2021 2:26 PM p. 32
City of Miami
Solicitation 1413386
Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for Vactor Truck Debris Hauling Services, as specified
herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted electronically via the Bidsync Portal.
All questions must be received no later than Tuesday, September 7, 2021 @ 3:00 p.m. All responses to questions
will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE
RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.3. PRE -BID CONFERENCE
A Virtual Voluntary pre -bid conference will be held on Thursday, September 2, 2021 @ 11:00 a.m., via Microsoft
Teams Click hereto join the meeting or via phone +1 786-598-2961, Conference ID: 660 250 383#
A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to
submitting a Proposal, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any
manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the
IFB will be included in an addendum, that will be distributed through BidSync, following the Pre -Proposal Conference
to all the attendees. Because the City considers the Pre -Bid Conference to be critical to understanding the Solicitation
requirements, attendance is highly recommended.
2.4. BIDDER'S MINIMUM QUALIFICATIONS
Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services
as described in this Bid; that at the time of bid submittal have a record of performance for a minimum period of the
last three (3) consecutive years with same FEI number; and that have sufficient financial support, equipment and
organization to insure that they can satisfactorily provide the goods and/or services if awarded a Contract under the
terms and conditions herein stated. Bidder shall:
(1) Hold and provide a copy of Miami -Dade County Hauler license and be permitted within the City of Miami City
limits to perform the work described herein;
(2) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving
the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on
any previous contract with the City;
(3) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt;
(4) Submit, with your bid response pictures and specifications of the twenty (20) cubic yard container with weep
holes that will be used for this contract. The City has the right to inspect the twenty (20) cubic yard container with
weep holes required for this as part of its responsiveness check; and
(5) Submit completed and signed Certification Statement and Certifications Section.
2.5. REFERENCES
Each bid must be accompanied by at least three (3) references, which shall include the name of the company, dates
of contract, description of goods/services supplied, a contact person, telephone number, and e-mail address.
Failure to provide at three (3) references at time of bid submittal may deem bidder non -responsive.
8/24/2021 2:26 PM p. 33
City of Miami
Solicitation 1413386
2.6. INSURANCE REQUIREMENTS
INDEMNIFICATION
Successful Bidder shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its
officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including,
but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or
omission, or intentional wrongful misconduct of Successful Bidder and persons employed or utilized by Successful
Bidder in the performance of this Contract. Successful Bidder shall further, hold the City, its officials and
employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or
employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the
permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that
any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder
shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the
City. The Successful Bidder expressly understands and agrees that any insurance protection required by this
Contract or otherwise provided by the Successful Bidder shall in no way limit the responsibility to indemnify, keep
and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate the Successful Bidder to defend, at its own expense, to and
through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at
the City's option, any and all claims of liability and all suits and actions of every name and description which may
be brought against the City, whether performed by the Successful Bidder, or persons employed or utilized by
Successful Bidder.
These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the
laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of
Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended.
Successful Bidder shall require all sub -contractor agreements to include a provision that each sub -contractor will
indemnify the City in substantially the same language as this Section. The Successful Bidder agrees and recognizes
that the City shall not be held liable or responsible for any claims which may result from any actions or omissions
of the Successful Bidder in which the City participated either through review or concurrence of the Successful
Bidder's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the
Successful Bidder, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder or
sub -contractor under this Contract.
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for
the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly
acknowledged by the Successful Bidder.
The Successful Bidder hereby accepts and assumes full responsibility for all risk of loss, theft, damage or destruction
to the Successful Bidder's business personal property or inventory in connection with this solicitation. It is hereby
agreed and understood, that the City shall not be responsible or liable for any theft, destruction, damage, or losses
of any kind and nature whatsoever. The Successful Bidder further agrees that the City shall not be required to
compensate the Successful Bidder for any such losses and assumes all liability in connection therein.
The Successful Bidder shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor,
Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which
meets the requirements as outlined below:
Please see Attachment titled Insurance Addendum for insurance definitions, requirements, and conditions, in the
Document Section of this solicitation.
(1) Commercial General Liability (Primary & Non -Contributory):
A. Limits of Liability
8/24/2021 2:26 PM p. 34
City of Miami
Solicitation 1413386
Bodily Injury and Property Damage Liability - Each Occurrence: $1,000,000
General Aggregate Limit: $2,000,000
Products/Complete Operations: $1,000,000
Personal and Advertising Injury: $1,000,000.
B. Endorsements Required:
City of Miami included as an Additional insured.
Contingent and Contractual Liability
Premises and Operations Liability Employees as Insured's
Primary Insurance Clause Endorsement
(2) Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability; Combined Single Limit; Including Owned,
Hired, Borrowed or Non -Owned Autos; Any One Accident: $1,000,000
B. Endorsements Required:
Pollution Liability CA9948
(3) Worker's Compensation
A. Limits of Liability - Statutory - State of Florida
(4) Employer's Liability
A. Limits of Liability
$500,000 for bodily injury caused by an accident, each accident.
$500,000 for bodily injury caused by disease, each employee.
$500,000 for bodily injury caused by disease, policy limit.
(5) Umbrella Liability
A. Limits of Liability
Each Occurrence Limit: $1,000,000
Aggregate Limit: $1,000,000
City of Miami listed as an additional insured. Coverage is excess follow form over all applicable liability
policies contained herein.
(6) Pollution Liability
Each Occurrence Limit: $1,000,000
Policy Aggregate: $1,000,000
The above policies shall provide the City of Miami with written notice of cancellation or material change
from the insurer in accordance to policy provisions.
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals,
which most nearly reflect the operations of the Bidder.
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 "A" as to management, and no less than "Class W as to financial strength,
by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management
prior to insurance approval.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
8/24/2021 2:26 PM p. 35
City of Miami
Solicitation 1413386
Compliance with the foregoing requirements shall not relieve the Bidder of his liability and obligation under this
section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible
for submitting new or renewed insurance certificates to the City at a minimum of ten (10) 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 City shall:
(1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner
prescribed in the Invitation To Bid.
(2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from
the Bidder in conjunction with the General and Special Terms and Conditions of the Bid.
The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section
remain in force for the duration of the contractual period; including any and all option terms that may be granted to
the Bidder.
2.7. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the
option to renew for one (1) additional two (2) year period, subject to the availability of funds for succeeding fiscal
years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative
will be exercised only when such continuation is clearly in the best interest of the City.
2.8. METHOD OF AWARD
Award of this contract will be made to the lowest responsive and responsible Bidder, who bids on all items and
whose bid offers the lowest price when all items are added in the aggregate. Failure to bid on all items shall deem
your bid non -responsive.
2.9. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions established
herein.
(2) Availability of funds
2.10. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this contract, then the City, upon written notice to the Successful Bidder(s) or his
assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense
to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s).
2.11. SUBMISSION REQUIREMENTS
Please refer to Section 1.80, Notice Regarding "Submission and Receipts of Bids" of the General Terms and
Conditions of this Solicitation.
8/24/2021 2:26 PM p. 36
City of Miami
Solicitation 1413386
2.12. CURES
Please refer to Section 1.56, Notice Regarding "Cures" of the General Terms and Conditions of this Solicitation.
2.13. TIE BIDS
Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for
the procurement of commodities or contractual services, a Bid received from a business that certifies that it has
implemented a drug -free workplace program shall be given preference in the award process. Established procedures
for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to
have a drug -free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against
employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -
free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of
the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and
will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893
or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program, if such is available in the employee's community, by any employee who is so convicted.
(6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section.
2.14. EQUITABLE ADJUSTMENT
The Procurement Department may, in its sole discretion, make an equitable adjustment in the pricing if pricing or
availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is,
by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful
Bidder(s) control, (2) the volatility affects the marketplace or industry, not just the particular contract source of
supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Successful
Bidder(s) that continued performance of the contract would result in a substantial loss. Successful Bidder(s) might
have to supply documentation to justify any requested percentage increase in cost to the City of Miami.
2.15. DUMPING/TIPPING FEES AT PASS -THROUGH COST
All dumping (tipping) fees are to be billed at pass through cost, without markup or any additional fees, to the City of
Miami. Successful Bidder is required to pay the fee to the Waste Collection Facility and submit documentation
(receipt) of payment along with invoice to the City. Amount shown on Tipping Receipt must be for items disposed
of from full container load pick ups only for the City, and may not contain any other loads.
8/24/2021 2:26 PM p. 37
City of Miami
Solicitation 1413386
2.16. PICK UP OF CONTAINERS
Successful Bidder shall provide, upon request from the City, what method of communication the Project Manager
or designee will used to schedule the pick-up of containers. Web portal, or email are both acceptable methods. The
City will request that containers be picked up within 24 hours ahead of time. Container pickups are generally
scheduled 2-3 times per month. Should there be a need, the City reserves the right to increase pick up schedule.
2.17. INVOICES
In addition to what is already mentioned under General Terms and Conditions Section 1.47, titled: Invoices,
Successful Bidder's invoice to the City once a month and must also include the following information:
• Quantity of Vactor Truck Containers, Size of Container, and Tonnage Disposal per Container; and
• Documented Proof (i.e. receipts) from Waste Collection Facility displaying the Tipping Fees Paid by the
Successful Bidder.
2.18. PROJECT MANAGER
Upon award, Successful Bidder shall report and work directly with Mr. Osvaldo Munizaga, Vactor Truck Crew
Supervisor for the Department of Resilience and Public Works or designee, who shall be designated as the Project
Manager(s) for the City.
2.19. LIQUIDATED DAMAGES
Upon failure to complete the pick up and disposal of debris in accordance with the specifications and to the satisfaction
of the City within the time stated, the Successful Bidder(s) shall be subject to charges for liquidated damages in the
amount of $100.00 for every calendar day that the container is not picked up after a confirmation date is confirmed in
writing, $100.00 for every hour that the container is not replaced after the stated two (2) hour limit, and $100.00 for
every time the container is not brought back free of debris and empty.
The City shall have the right to deduct the said liquidated damages from any amount due or that may become due to
the Successful Bidder under this agreement or to invoice the Bidder for such damages if the costs incurred exceed the
amount due to the Successful Bidder.
2.20. DAMAGES TO PUBLIC/PRIVATE PROPERTY
The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or
private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful
Bidder(s) shall assume the expense and repair or make restoration as is practical and acceptable to the City and/or
owners of destroyed or damaged property promptly within a reasonable length of time (not to exceed one month from
date damage occurred).
2.21. SAFETY MEASURES
Successful Bidder shall take all necessary precautions for the safety of employees, and shall erect and properly
maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs
warning against hazards created by Successful Bidder's operation and work in progress must be posted.
All employees of Successful Bidder shall be expected to wear safety glasses or goggles, appropriate clothing, and
hearing protection when and wherever applicable. The Successful Bidder shall use only equipment that is fully
operational and in safe operating order. Successful Bidder shall be especially careful when servicing property when
pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed.
8/24/2021 2:26 PM p. 38
City of Miami
Solicitation 1413386
2.22. FORCE MAJEURE
A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion,
power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or
terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance
of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for
required completion of such act or obligation shall be extended by the number of days equal to the total number of
days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance
shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend
beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such
delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event
shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to
overcome any delay that has resulted.
2.23. ADDITIONS/DELETIONS OF FACILITIES/PRODUCTS/SUPPLIERS
Although this Solicitation identifies specific facilities/products to be serviced, it is hereby agreed and understood that
any facilities/products/suppliers may be added/deleted to/from this contract at the option of the City. When an
additional product to the contract is required, the suppliers shall be invited to submit price quotes for these new
product(s). If prices are not competitive or not carried, the City maintains the right to add additional suppliers to the
contract to carry those items required. If these quotes are comparable with market prices offered for similar
facilities/products/suppliers, they shall be added to the contract, whichever is in the best interest of the City, and an
addendum and a separate purchase order shall be issued by the City.
2.24. PRIMARY CLIENT (FIRST PRIORITY)
The Successful Bidder(s) agree upon award of this contract that the City of Miami shall be its primary client and
shall be serviced first during a schedule conflict arising between this contract and any other contract Successful
Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic
events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or
approximately the same time.
2.25. FAILURE TO PERFORM
Should it not be possible to reach the Successful Bidder or supervisor and/or should remedial action not be taken
within 24 hours of any failure to perform according to Bid Specifications, Section 3, the City reserves the right to
declare Successful Bidder in default of the contract or make appropriate reductions in the contract payment.
2.26. TERMINATION
A. FOR DEFAULT
If Successful Bidder(s) defaults in its performance under this Contract and does not cure the default within 30 days
after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice
without penalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including
the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the
Successful Bidder(s) was not in default or (2) the Successful Bidder's failure to perform is without Successful
Bidder(s) or its subcontractor's control, fault or negligence, the termination will be deemed to be a termination for
convenience of the City of Miami.
8/24/2021 2:26 PM p. 39
City of Miami
Solicitation 1413386
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in
the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so
terminated for convenience by the City of Miami the Successful Bidder(s) will be compensated in accordance with
an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of
Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services
rendered prior to termination.
2.27. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included as part of your solicitation response shall be evaluated or considered,
and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this
solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in
transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General
Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that
the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. If a Professional
Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this
solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or
conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered.
Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or
Agreement.
8/24/2021 2:26 PM p. 40
City of Miami
Solicitation 1413386
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
The City of Miami ("City") is seeking a qualified provider for the removal, hauling, and disposal of the City's Vactor
Truck debris, on an as needed basis, from the Department of Public Works' Operation site (located at 1290 NW
20th Street, Miami, Florida, 33125) to the nearest Miami -Dade County Disposal Waste Facility. The Successful
Bidder shall provide the environmental testing / sample of the debris or material collected to Miami -Dade County
Solid Waste Department and shall have it tested within the first two (2) weeks after receipt of purchase order/blanket
release. Successful Bidder shall be responsible for environmental testing annually, thereafter, as required by Miami -
Dade County Solid Waste Department, the cost of which shall be passed along to the City with no markup. Testing
shall be valid for a period of one (1) year.
1) GENERAL REQUIREMENTS:
The work to be performed by the Successful Bidder under this IFB shall consist of:
a) Disposal of one (1) 20 cubic yard container with weep holes full of debris, located at the Public Works Operation
Facility (storage yard, or decanting station) to decant approximately five (5) City of Miami Vactor trucks, on an as
needed basis.
b) Perform the required environmental testing / sampling and haul the debris to the nearest Miami -Dade County
Waste Facility.
Notes:
a) The Successful Bidder shall furnish twenty (20) cubic yard containers with weep holes to allow water / rainwater
to decant at the decanting station. Regular twenty (20) cubic yard container without weep holes will not be accepted
by the City. The City will not consider container liners or other methods that do not decant. This twenty (20) cubic
yard container with weep holes will facilitate the transfer of containers with dry material to the designated County
collection station. It is the Successful Bidder's responsibility to carry the entire load (not less than 3/4 full) to the
designated County collection station.
b) Should there be an additional cost for the requested twenty (20) cubic yard container with weep holes, it shall be
incorporated in the price line and the Successful Bidder may not charge it separately.
c) Successful Bidder is responsible for cleaning, or clearing weep hole passages every time the container is picked
up and/or returned to the City.
d) Upon pick up of a full twenty (20) cubic yard container with weep holes (more than 3/4 capacity), an empty
container shall be set up at location, within two (2) hours.
e) A completely empty twenty (20) cubic yard container with weep holes shall be brought back, the City will
inspect to make sure the container is empty and in proper working condition, should the container contain debris,
sediment, or if the weep hole passages be clogged, the successful Bidder shall be responsible for cleaning at their
own expense.
8/24/2021 2:26 PM p. 41
City of Miami
Solicitation 1413386
2) SUBMITTALS:
Vendor shall submit with their bid:
1. Certification Statement;
2. Certifications Section;
3. Miami -Dade County Hauler license; and
4. Pictures and specifications of the twenty (20) cubic yard container with weep holes.
8/24/2021 2:26 PM p. 42
City of Miami
Solicitation 1413386
CITY OF MIAMI LOCAL OFFICE CERTIFICATION
(City Code, Chapter 18, Article III, Section 18-73)
Solicitation Type and Number:
Solicitation Title:
(i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456)
(Bidder/Proposer) hereby certifies compliance with the Local Office
requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as
amended.
Local office means a business within the city which meets all of the following criteria:
(1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a
verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12)
months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for
purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a
minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or
owner of the local business; a post office box shall not be sufficient to constitute a local office within the city;
(2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a
term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately
preceding the date bids or proposals were received, and be available for review and approval by the chief
procurement officer or its designee; for recently -executed leases that have been in effect for any period less than
the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed
lease within the corporate limits of the city that documents, in writing, continuous business residence within the
corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids
or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for
review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent
checks or other rent payment documentation in writing that documents local office tenancy shall be available for
review and approval by the chief procurement officer or its designee;
(3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were
received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami -
Dade County, if applicable; and
(4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were
received for the purchase or contract at issue, any license or certificate of competency and certificate of use
required by either the city or Miami -Dade County that authorizes the performance of said business operations;
and
(5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be
eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting
documentation in support of this local office certification is borne by the business applicant submitting a bid or
proposal.
8/24/2021 2:26 PM p. 43
City of Miami
Solicitation 1413386
PLEASE PROVIDE THE FOLLOWING INFORMATION:
Bidder/Proposer Local Office Address:
Does Bidder/Proposer conduct verifiable, full-
time, on -site employment at the local office
❑ YES ❑ NO
for a minimum of forty (40) hours per
calendar week?
If Bidder/Proposer's Local Office tenancy is
pursuant to a lease, has Bidder/Proposer
❑ YES ❑ NO ❑ N/A
enclosed a copy of the lease?
City of Miami: ❑ YES ❑ NO ❑ Exempt
Cite Exemption:
Has Bidder/Proposer enclosed a copy of the
Business Tax Receipt (BTR) issued by the
City of Miami and Miami -Dade County?
Miami -Dade County: ❑ YES ❑ NO ❑ Exempt
Cite Exemption:
Has Bidder/Proposer enclosed a copy of the
license, certificate of competency and
certificate of use that authorizes the
❑ YES ❑ NO
performance of Bidder/Proposer's business
operations?
Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under
Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended.
Print Name (Bidder/Proposer Authorized Representative)
Signature
Date
8/24/2021 2:26 PM p. 44
City of Miami
Solicitation 1413386
STATE OF FLORIDA
COUNTY OF
Certified to and subscribed before me this day of
(NOTARY SEAL)
Personally Known
Type of Identification Produced
20 ,by
(Signature of Notary Public -State of Florida)
(Name of Notary Typed, Printed, or Stamped)
OR Produced Identification
8/24/2021 2:26 PM p. 45
City of Miami
Solicitation 1413386
INSURANCE ADDENDUM
INSURANCE DEFINITIONS, REQUIREMENTS AND CONDITIONS
The VENDOR/CONTRACTOR / CONSULTANT (AS APPLICABLE) agrees to provide and maintain throughout
the life of this contract and at Vendor/Contractor/ Consultant's expense insurance coverage outlined
herewith as applicable insuring all operations related to the contract and any extensions thereof.
Workers Compensation and Employers Liability
Statutory requirements per Chapter 440, Florida Statutes, as amended, are applicable, and this coverage
is subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from
workplace accidents. It provides for medical care to injured employees, along with compensation for lost
income.
Commercial General Liability
It protects against accidents and injuries that occur on company property or the property of a customer.
It compensates an injured person or owner of property for injuries and property damages, and the cost
of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting
from products exposures, libel, slander, copyright infringement, and other personal and advertisement
injuries.
Commercial Automobile Liability
It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims,
collision and other than collision physical damage. In addition, this policy affords coverage on autos that
are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by
employees or members of their households.
Non -Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy.
Professional/Errors and Omissions Liability
Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers,
insurance agents, court reports, dentists, nurses and teachers. It protects against the financial effects of
liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to
incompetence, errors, or negligence.
8/24/2021 2:26 PM p. 46
City of Miami
Solicitation 1413386
Umbrella Liability
It protects against liability and losses after primary insurance benefits have been exhausted. This
supplemental coverage kicks in only after the underlined liability policies have paid their maximum
benefits.
Environmental Liability
It protects against the financial costs of claims of injury or damage due to pollution, and other costs of
cleaning up pollutants. These policies are designed to cover both property and liability risks.
Directors and Officers Liability
This coverage protects against claims from stockholders, employees and clients that are also aimed
individually at directors and officers. These claims typically stem from errors in judgement, breaches of
duty and wrongful acts in connection with company business.
Cyber Liability
It protects against costs of the theft, destruction or unauthorized use of electronic data through computer
viruses or network intrusions. It also adds protection to a business against such costs if a business fails to
safeguard another party's electronic data. Companies sharing data outside their internal network benefit
from this coverage
Commercial Property
It protects against claims or damages to the insured's buildings, business personal property and personal
property of others. It can also provide for loss of business income coverage or extra expenses incurred
because of physical loss by a covered peril to the insured's property.
Commercial Crime
It protects against loss of money, securities and other property because of a variety of criminal acts such
as employee theft or embezzlement, burglary, robbery, forgery, computer fraud, kidnapping and
extortion. Crime insurance also covers money and securities against damage or destruction by almost any
cause of loss, not just crime.
8/24/2021 2:26 PM p. 47
City of Miami
Solicitation 1413386
Builders Risk
It protects against damage to or destruction of buildings or other structures during their construction. Any
party with a financial interest in a construction, remodeling, or repair project benefits from this coverage.
Surety Bonds
Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for
the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will
be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly
performed. If payment and performance bonds are required such bonds must be substantially in the form
prescribed by Florida Statutes 255.05, as amended, and will be subject to the approval of the City of Miami
Director of the Department of Risk Management.
Valuable Papers
It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined
to include almost all forms of printed documents or records with the exception of money or securities,
and data and media which is usually excluded.
Additional Requirements
The Vendor/Contractor must furnish the City of Miami, Department of Procurement, and Risk
Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to
be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies
indicated on the certificate must be in compliance with all Contract requirements. The failure of the City
to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any
requirements for the Vendor/Contractor.
The Vendor/Contractor must furnish Certificates insurance listing the City of Miami as an additional
insured. All insurance certificates must be signed, dated and reference the City contract number.
The insurance must provide for sixty (30) days prior written notice to be given to the City in the event
coverage is substantially changed, canceled, or non -renewed.
Any deductibles or self -insured retentions on referenced insurance coverages must be borne by
Vendor/Contractor. The Vendor/Contractor further agrees to have insurers waive their rights of
subrogation against the City of Miami, its employees, elected officials, agents, or representatives.
The coverages and limits furnished by Vendor/Contractor in no way limit the Vendor/Contractor's
liabilities and responsibilities specified within the Contract or law.
Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with
insurance provided by the Vendor/Contractor under the Contract.
8/24/2021 2:26 PM p. 48
City of Miami
Solicitation 1413386
The required insurance to be carried is not limited by any limitations expressed in the indemnification
language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of
law.
If the Vendor/Contractor is a joint venture or limited liability company, the insurance policies must name
the joint venture or Limited Liability Company and each of its separate constituent entities as named
insureds.
The Vendor/Contractor must require all subcontractors to provide the insurance required herein. All
subcontractors are subject to the same insurance requirements of the Vendor/Contractor unless
otherwise specified in this Contract.
If the Vendor/Contractor or subcontractor desire additional coverages, the party desiring the additional
coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the
contrary, the City of Miami Risk Management Department maintains and reserves the right to modify,
delete, alter or change these requirements.
Note:
The duty to carry and maintain insurance during the life of the contract will survive the cancellation or
expiration, as applicable, under the Contract.
8/24/2021 2:26 PM p. 49
POLICY NUMBER:
APM- 2-19
DATE:
March 26. 2019
ISSUED BY:
Emilio T. Gonzalez, A.D.
CiwMAnager/DesiRieV
SIGNATURE
CITY Ott MAMI
Or
�i
1ORF 16NAT(D
ADMINISTRATIVE
POLICY
REVISIONS Solicitation 1413386
REVISED DATE OF
SECTION REVISION
Created 3/26/19
SUBJECT: ELIMINATING THE PROCESS OF CURING IRREGULARITIES IN
DOCUMENTS SUBMITTED IN RESPONSE TO REQUEST FOR
QUALIFICATIONS (RFQ), REQUEST FOR PROPOSALS (RFP),
REQUESTS FOR LETTERS OF INTEREST (RFLI), INVITATION FOR
BIDS (IFB), INVITATION TO BID (ITB), INVITATION TO QUOTE
(ITQ), AND REQUEST FOR SPONSORSHIP (RFS) EFFECTIVE MAY
692019
PURPOSE:
To improve the procurement solicitation process in order to provide internal and external customers with a
more efficient and effective procurement of goods and services for the City of Miami. This APM
establishes guidelines that eliminate the process of curing irregularities in proposals and bids submitted in
response to RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS.
BACKGROUND:
Currently, the Department of Procurement ("Procurement") allows Proposers and Bidders to cure certain
deficiencies, deviations, irregularities, omissions, and/or technicalities in proposals and bids submitted to
the City in response to RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS.
In collaboration with the Department of Innovation and Technology ("Dolt"), Procurement has identified
the process of curing as the cause of significant delays in formal solicitation process. When proposals and
bids require a cure, Procurement sends out a "Notice to Cure" to Proposers and Bidders who are then given
additional time to correct, complete, and re -submit the required documents. The process of curing is time
intensive and delays the procurement of necessary goods and services for the City; it prolongs the due
diligence review period and it stalls and delays the evaluation and selection process, resulting in the
extension of time between the issuance of an RFP, RFQ, RFLI, IFB, ITB, ITQ, or RFS solicitation and its
award date.
8/24/2021 2:26 PM P. 50
City of Miami
Solicitation 1413386
Eliminating the process of curing will streamline and improve the overall procurement solicitation process
while making it more efficient by removing a source of delay, and more effective by concentrating due
diligence reviews only on complete and responsive proposals and bids. Additionally, it is not a common
procurement industry practice to allow cures. Other local public agencies such as Miami -Dade County and
the Miami -Dade County Public School System do not presently allow cures in such similar instances.
GUIDELINES:
Procurement will only review and evaluate proposals and bids that have been deemed responsive.
Responsive bids and proposals responses are defined by our Procurement Code.' Prospective
Proposers and Bidders should understand that non -responsive proposals or bids will not be reviewed and
will be eliminated from the evaluation and selection process.
The City will not consider the curing of any proposal or bid that fail to meet the minimum qualifications or
submission requirements of an RFQ, RFP, RFLI, IFB, ITB, ITQ, or RFS as applicable. Material
deficiencies, deviations, irregularities, omissions, and/or technicalities are not waivable.
Proposals and bids submitted with deficiencies, irregularities, omissions, and/or technicalities that deviate
from the minimum qualifications and/or submission requirements for RFQs, RFPs, RFLIs, IFBs, ITBs,
ITQs and RFS shall result in a non -responsive determination. The following list includes, but is not limited
to, proposal and bid deficiencies, deviations, irregularities, omissions, and/or technicalities that shall result
in a non -responsive determination for any solicitation issued on or after May 6, 2019:
If a proposal or bid is missing forms, or contains unnotarized forms, unsigned forms, incorrect forms, or
forms signed by any individual, other than the Proposer or Bidder, Proposer's or Bidder's team members,
and/or individuals attesting to the stated project experience, the Proposer or Bidder will not be given time
to cure the proposal or bid, and the City shall deem such proposal or bid non -responsive. The City, at its
sole discretion, reserves the right to waive minor deviations not listed above. Such minor deficiencies,
deviations, irregularities, omissions, or technicalities may be timely cured by the Proposer or Bidder, at the
sole discretion of the City. Material (i.e. substantial or notable) deficiencies, deviations, irregularities,
omissions, or technical issues cannot be cured by the Proposer or Bidder and are not waivable by the City.
For illustrative guidance please see below an excerpt from State of Florida procurement instructions
which discuss the difference in plain language between material and minor variances.
Responsive bidder, proposer, offeror, or respondent means a business which has submitted a bid, offer,
proposal, quotation or response which conforms in all material respects to the solicitation. Sec. 18-73, City
Code.
(Excerpt from 2012 WL 1155290 (Fla. Div.Admin.Hrgs.)
Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the
proposer to be responsive to this RFP. The responsiveness requirements are mandatory. Failure to meet
the responsiveness requirements will cause rejection of a proposal. Any proposal rejected for failure to meet
mandatory responsiveness requirements will not be evaluated.
8/24/2021 2:26 PM P. 51
City of Miami
Solicitation 1413386
1.15 Material Deviations: The Department has established certain requirements with respect to proposals
to be submitted by Proposers. The use of shall, must or will (except to indicate simple futurity) in this RFP
indicates a requirement or condition which may not be waived by the Department except where any
deviation therefore is not material. A deviation is material if, in the Department's sole discretion, the
deficient response is not in substantial accord with this RFP's requirements, provides an advantage to one
Proposer over other Proposers, or has a potentially significant effect on the quantity or quality of items or
services proposed, or on the cost to the Department. Material deviations cannot be waived and shall be the
basis for rejection of a response. Because this is an RFP, the Department will apply this definition liberally
in reviewing responses in regard to service delivery.
1.16 Minor IrrelZularity: A variation from the RFP terms and conditions which does not affect the price
proposed or gives the proposer an advantage or benefit not enjoyed by the other proposers or does not
adversely impact the interests of the Department.
8/24/2021 2:26 PM p. 52
City of Miami
Solicitation 1413386
Question and Answers for Solicitation #1413386 - Vactor Truck Debris Hauling
There are no questions associated with this Solicitation.
8/24/2021 2:26 PM p. 53