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DocuSign Envelope ID: C7COC496-7E4D-49F4-8124-DBCDFAB2D468 ICITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager �-eatµ FROM: Ciiiuci-crez, CPPO Director/Chief Procurement Officer Department of Procurement RECOMMENDATION: DATE: September 29, 2022 SUBJECT: Recommendation of Award for Underwater Visual Inspection Reporting/Repair Services REFERENCES: Invitation for Bid ("IFB") No. 1492386 ENCLOSURES: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends award of IFB No. 1492386, to the following lowest responsive and responsible Bidders, on a Primary, Secondary basis as follows: Primary, Seamar Divers, LLC ("Seamar"), and Secondary, Industrial Divers Corp, Inc. ("Industrial Divers"), for underwater visual inspection reporting/repair services, on an as needed basis, for the City of Miami's Department of Real Estate Asset Management ("DREAM"). The recommended vendors, and contract terms and amount are shown below. IFB No./Title: IFB No. 1492386, Underwater Visual Inspection Reporting/Repair. Contract Amount: $34,750.00 annually (approximately $208,500.00 for all six (6) years in the aggregate). Contract Term: Initial term for a period of three (3) years with the option to renew for one (1) additional three (3) year period. Recommended Vendor: Seamar Divers, LLC (Primary), and Industrial Divers Corp, Inc. (Secondary) BACKGROUND: On July 5, 2022, Department of Procurement ("Procurement") on behalf of DREAM issued IFB No. 1492386, Underwater Visual Inspection Reporting/Repair, under full and open competition. As required by the Procurement Code, the IFB was advertised and issued online. On July 29, 2022, at the bid closing six (6) bids were received. All bid responses were evaluated and tabulated following the guidelines directed in the IFB. The bid received from SoFlo Divers, LLC, was deemed non -responsive as they failed to submit a Commercial Diver Certification Card for one (1) of the members of their team, as required by the solicitation. Procurement is recommending award to Seamar (Primary), and Industrial Divers (Secondary) the lowest responsive and responsible Bidders, per bid specifications. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. Approved Arthur Noriega V, City Manager Date: October 7, 2022 1 09:54:21 EDT c: Larry Spring, CPA, Assistant City Manager, Chief Financial Officer Jacqueline Lorenzo, Interim Director, Department of Real Estate & Asset Management Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement PR22229 IFB No. 1492386 -Underwater Visual Inspection Reporting/Repair Aqua-Nautik Underwater- In Depth Inc Industrial Divers Corp, Seamar Divers, LLC SoFlo Divers, LLC SGS US East Coast, Work LLC Inc. Total Cost = LLC Total Cost = Total Cost = Total Cost = Total Cost = Line No. Item Description Unit Quantity Item Cost Item Cost x It..Cost Item Cost x Item Cost Item Cost x Item Cost Item Cost x Item Cost Item Cost x Quantity Quantity Quantity Quantity N Quantity O 1 Scheduled and Emergency Inspection: Mooring Unit Each 250 $ 525.25 $ 131,312.50 $ 925.00 $ 231,250.00 $ 258.00 $ 64,500.00 $ 58.00 $ 14,500.00 N $ 78.00 $ 5,850.00 $ 770.00 $ 192,500.00 2 Additional Services: Installation of Complete Mooring Unit Each 75 $ 275.13 $ 20,634.75 $ 2,500.00 $ 187,500.00 $ 125.00 $ 9,375.00 $ 1,340.00 $ 100,500.00 R 3 Additional Services: Removal of Complete Mooring Unit Each 50 $ 275.13 $ 13,756.50 $ 1,500.00 $ 75,000.00 $ 125.00 $ 6,250.00 $ 78.00 $ 3,900.00 E $ 98.00 $ 3,920.00 `S $ 1,340.00 $ 67,000.00 4 Additional Services: Removal and Installation of Complete Mooring Unit Each 40 $ 525.25 $ 21,010.00 $ 5,000.00 $ 200,000.00 $ 200.00 $ 8,000.00 $ 2,480.00 $ 99,200.00 with Boat. P $ 78.00 $ 1,560.00 O 5 Additional Services: Removal and Installation of Complete Mooring Unit Each 20 $ 525.25 $ 10,505.00 $ 3,950.00 $ 79,000.00 $ 125.00 $ 2,500.00 $ 1,280.00 $ 25,600.00 without Boat N 6 Emergency Response: Service Call Charge Each 2 $ 950.00 $ 1,900.00 $ 7,200.00 $ 14,400.00 $ 7,735.00 $ 15,470.00 $ 1,560.00 $ 3,120.00 $ 750.00 $ 1,500.00 S 7 Hourly Labor Rate: Rate I for Miscellaneous Services (Weekdays) Hour 10 $ 115.00 $ 1,150.00 $ 165.00 $ 1,650.00 $ 124.00 $ 1,240.00 $ 75.00 $ 750.00 1 $ 90.00 $ 900.00 8 Hourly Labor Rate: Rate 11 for Miscellaneous Services (Weekends and hour 10 $ 172.50 $ 1,725.00 $ 250.00 $ 2,500.00 $ 161.00 $ 1,610.00 $ 115.00 $ 1,150.00 $ 180.00 $ 1,800.00 Holidays) E Total: $ 201,993.75 Total: $ 791,300.00 Total: $ 108,945.00 Total: $ 34,750.00 Primary Vendor Total: $ 489,000.00 Secondary Vendor Prepared by. Cristiane Lima Procurement Contracting Officer 8/11/2022 Approved by. Director, or designee 8/4/22, 11:53 AM Detail by FEI/EIN Number DMSMN .,F COFP0RA7H-,N-3 lilt 0 lid Mme of Florida webwe Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / Detail by FEUEIN Number Florida Limited Liability Company SEAMAR DIVERS, LLC Filing Information Document Number L10000132230 FEI/EIN Number 27-4432680 Date Filed 12/28/2010 Effective Date 01/01/2011 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 11/17/2015 Principal Address 8000 SW 117th Avenue 206 MIAMI, FL 33183 Changed: 03/31/2016 Mailing Address PO Box 940835 MIAMI, FL 33194 Changed: 04/06/2021 Registered Agent Name & Address Anaya, Eloy 8000 SW 117th Avenue 206 Miami, FL 33183 Name Changed: 01/18/2017 Address Changed: 03/31/2016 Authorized Persons) Detail Name & Address Title MGR https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=FeiNumber&directionType=Initial&search NameOrder=27443268... 1 /2 8/4/22, 11:53 AM Detail by FEI/EIN Number ANAYA, ELOY 8000 SW 117th Avenue 206 MIAMI, FL 33183 Annual Reports Report Year Filed Date 2020 01 /10/2020 2021 04/06/2021 2022 01 /14/2022 Document Images 01/14/2022 -- ANNUAL REPORT View image in PDF format 04/06/2021 -- ANNUAL REPORT View image in PDF format 01/10/2020 -- ANNUAL REPORT View image in PDF format 02/13/2019 -- ANNUAL REPORT View image in PDF format 03/07/2018 -- ANNUAL REPORT View image in PDF format 01/18/2017 -- ANNUAL REPORT View image in PDF format 03/31/2016 -- ANNUAL REPORT View image in PDF format 11/17/2015 -- REINSTATEMENT View image in PDF format 01/21/2014 --ANNUAL REPORT View image in PDF format 01/25/2013 -- ANNUAL REPORT View image in PDF format 01/20/2012 -- ANNUAL REPORT View image in PDF format 12/28/2010 -- Florida Limited Liability View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=FeiNumber&directionType=Initial&search NameOrder=27443268... 2/2 8/4/22, 11:44 AM Detail by FEI/EIN Number lilt ojjiriid Mme of Florida ►vrb/ ife Department of State / Division of Corporations / Search Records / Search by FEI/EI N Number / Detail by FEI/EIN Number Florida Profit Corporation INDUSTRIAL DIVERS CORP. INC. Filing Information Document Number M09113 FEI/EIN Number 59-2477510 Date Filed 12/19/1984 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 04/14/2010 Event Effective Date NONE Principal Address 2901 SW 3RD AVENUE UNIT 5 FORT LAUDERDALE, FL 33315 Changed: 01/05/2012 Mailing Address 2901 SW 3RD AVENUE UNIT 5 FORT LAUDERDALE, FL 33315 Changed: 01/05/2012 Registered Agent Name & Address GREENSPOON MARDER LLP CityPlace Tower, Suite 900 525 Okeechobee Boulevard West Palm Beach, FL 33401 Name Changed: 02/28/2018 Address Changed: 02/28/2018 Officer/Director Detail Name & Address GALLETTA, FRANCES https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=FeiNumber&directionType=Initial&search NameOrder=59247751... 1 /3 8/4/22, 11:44 AM 2901 SW 3RD AVENUE FORT LAUDERDALE, FL 33315 Detail by FEI/EIN Number Title DVS GALLETTA, ROCCO P. 2901 SW 3RD AVENUE FORT LAUDERDALE, FL 33315 Annual Reports Report Year Filed Date 2020 02/06/2020 2021 03/05/2021 2022 04/09/2022 Document Images 04/09/2022 -- ANNUAL REPORT View image in PDF format 03/05/2021 --ANNUAL REPORT View image in PDF format 02/06/2020 -- ANNUAL REPORT View image in PDF format 01/24/2019 -- ANNUAL REPORT View image in PDF format 02/28/2018 -- ANNUAL REPORT View image in PDF format 01/09/2017 -- ANNUAL REPORT View image in PDF format 01/14/2016 -- ANNUAL REPORT View image in PDF format 01/09/2015 --ANNUAL REPORT View image in PDF format 01/10/2014 --ANNUAL REPORT View image in PDF format 01/13/2013 -- ANNUAL REPORT View image in PDF format 01/05/2012 -- ANNUAL REPORT View image in PDF format 02/22/2011 -- ANNUAL REPORT View image in PDF format 04/14/2010 -- Amendment View image in PDF format 01/05/2010 --ANNUAL REPORT View image in PDF format 01/27/2009 -- ANNUAL REPORT View image in PDF format 01/05/2008 --ANNUAL REPORT View image in PDF format 01/08/2007 --ANNUAL REPORT View image in PDF format 01/04/2006 -- ANNUAL REPORT View image in PDF format 01/05/2005 --ANNUAL REPORT View image in PDF format 01/15/2004 -- ANNUAL REPORT View image in PDF format 01/03/2003 --ANNUAL REPORT View image in PDF format 01/08/2002 -- ANNUAL REPORT View image in PDF format 01/08/2001 --ANNUAL REPORT View image in PDF format 01/12/2000 -- ANNUAL REPORT View image in PDF format 07/09/1999 -- ANNUAL REPORT View image in PDF format 01/26/1998 --ANNUAL REPORT View image in PDF format 01/14/1997 --ANNUAL REPORT View image in PDF format 01/29/1996 --ANNUAL REPORT View image in PDF format 02/13/1995 -- ANNUAL REPORT View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=FeiNumber&directionType=Initial&search NameOrder=59247751... 2/3 8/4/22, 11:44 AM Detail by FEI/EIN Number Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=FeiNumber&directionType=Initial&search NameOrder=59247751... 3/3 City of Miami 1492386 Bid Contact EloyAnaya seamar@seamardivers.com Ph 305-805-6896 Address P.O. Box940835 Miami, FL 33194 1492386--01-01 Scheduled and Supplier Product First Offer- $58.00 250 / each $14,500.00 Y Emergency Inspection: Code: 1492386-01 -01 Mooring Unit Lot Total $14,500.00 Item # Line Item Notes Unit Price • Docs 1492386--02-01 Additional Services: Supplier Product First Offer - $78.00 75 / each $5,850.00 Y Installation of Complete Code:1492386-02- Mooring Unit 01 1492386--02-02 Additional Services: Removal Supplier Product First Offer - $78.00 50 / each $3,900.00 Y of Complete Mooring Unit Code:1492386-02- 02 1492386--02-03 Additional Services: Removal Supplier Product First Offer- $98.00 40 / each $3,920.00 Y and Installation of Complete Code: 1492386- Mooring Unit with Boat. -02-03 1492386--02-04 Additional Services: Removal Supplier Product First Offer- $78.00 20 / each $1,560.00 Y and Installation of Complete Code:1492386- Mooring Unit without Boat -02-04 Lot Total $15,230.00 Item # Line Item Notes Unit Price • Docs 1492386--03-01 Emergency Response: Supplier Product First Offer - $1,560.00 2 / each $3,120.00 Service Call Charge Code:1492386--03-01 Lot Total $3,120.00 Item # Line Item Notes Unit Price • Docs 1492386--04-01 Hourly Labor Rate: Rate I for Supplier Product First Offer - $75.00 10 / hour $750.00 Miscellaneous Services Code:1492386- (Weekdays) -04-01 1492386--04-02 Hourly Labor Rate: Rate 11 for Supplier Product First Offer - $115.00 10 / hour $1,150.00 Miscellaneous Services Code: 1492386- (Weekends and Holidays) -04-02 8/18/2022 BidSync P. 8 City of Miami 1492386 Lot Total $1,900.00 Supplier Total $34,750.00 8/18/2022 BidSync P. 9 City of Miami 1492386 Item: Scheduled and Emergency Inspection:Mooring Unit Packet for Solicitation_1492386 Final.pdf ADDENDUM-NO-1 1.pdf City_of Miami_Local_Office_Certification.pdf 8/18/2022 BidSync P. 10 City of Miami Item Response Form Solicitation 1492386 Item 1492386-01-01 - Scheduled and Emergency Inspection: Mooring Unit Quantity 250 each Unit Price $ 58.00 each unit Delivery Location City of Miami Dinner Key Marina & Mooring Facility 3400 Pan American Drive Miami FL 33133 Qty 250 Description Total Price, inclusive of all labor, equipment, tools, and supervision to provide buoy inspection for each installed 250 units (anchor hubs). Pursuant to Section 3.1,Specification/Scope of Work. The price is per unit. Estimated quantities only. Item 1492386-02-01 -Additional Services: Installation of Complete Mooring Unit Quantity 75 each Unit Price $ 78.00 each unit Delivery Location City of Miami Dinner Key Marina & Mooring Facility. 3400 Pan American Drive Miami FL 33133 Qty 75 Description Total Price, inclusive of all labor, equipment, tools, and supervision to provide installation of complete Mooring Unit, pursuant to Section 3.1,Specification/Scope of Work. The price is per unit. Estimated quantities only. The City shall provide the Mooring parts/systems. Item 1492386-02-02 - Additional Services: Removal of Complete Mooring Unit Quantity 50 each Unit Price $ 78.00 each unit Delivery Location City of Miami Dinner Key Marina & Mooring Facility 3400 Pan American Drive Miami FL 33133 Qty 50 Description Total Price, inclusive of all labor, equipment, tools, and supervision to provide removal of complete Mooring Unit, pursuant to Section 3.1,Specification/Scope of Work. The price is per unit. Estimated quantities only. Item 1492386-02-03 - Additional Services: Removal and Installation of Complete Mooring Unit with Boat. Quantity 40 each 9/28/2022 9:56 AM BidSync pp13 City of Miami Unit Price $ 98.00 each unit Solicitation 1492386 Delivery Location City of Miami Dinner Key Marina & Mooring Facility 3400 Pan American Drive Miami FL 33133 Qty 40 Description Total Price, inclusive of all labor, equipment, tools, and supervision to provide removal and installation of Complete Mooring Unit with boat, pursuant to Section 3.1,Specification/Scope of Work. The price is per unit. Estimated quantities only. The City shall provide any needed replacement parts. Item 1492386-02-04 - Additional Services: Removal and Installation of Complete Mooring Unit without Boat Quantity 20 each Unit Price 88.00 each unit Delivery Location City of Miami Dinner Key Marina & Mooring Facility 3400 Pan American Drive Miami FL 33133 Qty 20 Description Total Price, inclusive of all labor, equipment, tools, and supervision to provide removal and installation of complete Mooring Unit without boat, pursuant to Section 3.1,Specification/Scope of Work. The price is per unit. Estimated quantities only. The City shall provide any needed replacement parts. Item 1492386-03-01 - Emergency Response: Service Call Charge Quantity 2 each Unit Price $ 1,550.00 per call Delivery Location City of Miami Dinner Key Marina & Mooring Facility. 3400 Pan American Drive Miami FL 33133 Qty 2 Description Fixed Fee to provide emergency response within forty-eight (48) hours after being contacted by the City, pursuant to Section 3.1,Specification/Scope of Work. The price is per call. Estimated quantities only. Item 1492386-04-01 - Hourly Labor Rate: Rate I for Miscellaneous Services (Weekdays) Quantity 10 hour Unit Price $120.00 per hour Delivery Location City of Miami Dinner Key Marina & Mooring Facility 3400 Pan American Drive Miami FL 33133 Qty 10 Description 9/28/2022 9:56 AM BidSync pp14 City of Miami Solicitation 1492386 Total cost per hour inclusive full compensation for labor (per person), equipment use, travel time, and any other related cost to provide miscellaneous work related to, but not otherwise covered in this contract, during the weekdays . Pursuant to Section 3.1,Specification/Scope of Work. The price is per hour. Estimated quantities only. The City shall provide any needed replacement parts. Item 1492386-04-02 - Hourly Labor Rate: Rate II for Miscellaneous Services (Weekends and Holidays) Quantity 10 hour Unit Price $ 180.00 per hour Delivery Location City of Miami Dinner Key Marina & Mooring Facility 3400 Pan American Drive Miami FL 33133 Qty 10 Description Total cost per hour inclusive full compensation for labor (per person), equipment use, travel time, and any other related cost to provide miscellaneous work related to, but not otherwise covered in this contract, during the weekends and holidays. Pursuant to Section 3.1, Specification/Scope of Work. The price is per hour. Estimated quantities only. The City shall provide any needed replacement parts. 9/28/2022 9:56 AM BidSync pp15 City of Miami Solicitation 1492386 10111itiv icif 'ffliiami ANNIE PEREZ, CPPO Director of Procurement ADDENDUM NO. 1 IFB N o. 1492386 ARTHUR NORIEGA V. City Manager July 20, 2022 Invitation For Bid ("IFB") for Underwater Visual Inspection Reporting/Repair TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. Equitable Adjustment is hereby added to the IFB as Section 2.33. The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or 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) may have to supply documentation to justify any requested percentage increase in cost to the City of Miami. B. The following is an inquiry received from a Prospective Bidder and the City's corresponding response: Q1. Is there a map available of the locations of the mooring units? Al. Yes, please refer to Exhibit A — Dinner Key Mooring Facility Map and Layout. 9/28/2022 9:56 AM BidSync pp16 City of Miami ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. Solicitation 1492386 THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO, Director/Chief Procurement Officer City of Miami Procurement Department cc. Larry Spring, CPA, Assistant City Manager, Chief Financial Officer Jacqueline Lorenzo, Assistant Director, Department of Real Estate & Asset Management Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: Seamar Divers, LLC SIGNATURE: DATE: 07/29/2022 2 9/28/2022 9:56 AM BidSync pp17 City of Miami Certification Statement 1492386 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 submiter. Please print the following and sign your name: PROPOSER NAME: Seamar Divers, LLC ADDRESS: 2748 W 79th Street - Miami, FL 33016 PHONE: 305.805.6896 FAX: EMAIL: SIGNED BY: Eloy Anaya CELL(Optional): 713.818.7467 TITLE: President DATE: 07/20/2022 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 8/18/2022 BidSync p. 22 City of Miami Certifications 1492386 Legal Name of Firm: Seamar Divers, LLC Entity Type: Partnership, Sole Proprietorship, Corporation, etc. LLC Year Established: 1996 Address, City, State, Zip, Contact Name, Contact Tittle, Phone, Fax, Email: P.O. Box 940835 Miami, FL 33194 - Eloy Anaya - President - 305.805.6896 - seamar@seamardivers.com Federal Employer Identification ("FEIN/EIN") Number: 274432680 Office Location: City of Miami, Miami -Dade County, or Other Miami -Dade Business Tax Receipt/ Occupational License Number: 6256119 Business Tax Receipt/ Occupational License Issuing Agency: Miami -Dade County Business Tax Receipt/ Occupational License Expiration Date: September 30, 2022 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, 1/1/22). If no addendum/addenda was/were issued, please insert N/A. 8/18/2022 BidSync p. 23 City of Miami 1492386 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 / Dinner Key Marina Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: 3400 Pan American Dr. Miami, FL 33133 Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no. Daniel Muelhaupt - 305.329.4755 dmuelhaupt@miamigov.com Reference No. 1: Date of Contract or Sale for above reference no. 1 Contract date 9/23/2016 for the aproximately $ 20,000.00 per year. 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 Marathon, FL Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: City of Marathon Marina 800 35th Street Ocean, Marathon, FL 33050 Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2 Sean Cannon - 305.289.8877 - can nons@ci.marathon.fl. us Reference No. 2: Date of Contract or Sale for above reference no. 2 ❑an❑ary 1 Et. 2016 for the amolint of $ 2q611a00 per year. 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: City of Key West, FL Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: City Marina 201 Williams Street Key West, FL 33040 Reference No. 3: Name of Contact Person, Telephone Number and Email for above reference no. 3 Mark Tait 305.809.3985 - mtait a@cityofkeywest-fl.gov Reference No. 3: Date of Contract or Sale for above reference no. 3 mne 1 ❑, 2021 contract exten don for $ ❑l ,166.00 per year. Is the Commercial Diving Certifications for all team members included with your submission? No bids will be considered without the Commercial Diving Certifications. YES OR NO? YES 8/18/2022 BidSync p. 24 City of Miami Solicitation 1492386 Does the Bidder have a facility in the State of Florida? YES OR NO? If so, please provide the facility address. Yeq 211111111 ❑Bth ❑treet Miami, FL 33016 Has the Bidder registered and insured suitable dive vessel(s) that can be mobilized from the facility to Dinner Key Marina (located at 3400 Pan American Drive, Miami, FL 33133) within 48 hours? YES OR NO? YeC 9/28/2022 9:56 AM BidSync p. 25 City of Miami 1492386 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article lH, Section 18-73) Solicitation Type and Number: 1492386 (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: Underwater Visual Inspection Reporting/Repair (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. 8/18/2022 BidSync p. 65 City of Miami 1492386 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: Seamar Divers, LLC 2748 W 79th Street, F Hialeah FL 33016 Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? YES ❑ NO YES ❑ NO ❑ N/A City of Miami: ❑ YES ❑ NO ❑ Exempt If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? 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 ❑ NOJE] Exempt Cite Exemption: YES ❑ NO Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the 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. Seamar Di , LLC / Eloy Anaya Print Name (Bi der/Pro oser Authorized Representative) Signature Date 8/18/2022 BidSync p. 66 City of Miami 1492386 STATE OF FLORIDA COUNTY OF Certified to and subscribed before me this 00 day of ��%jam , 20 Z Z , by Jr i CECILIC RUIZ i� • Notary public - State of Fleriia r Commission N HH 024227. My Comm. Expires Sep 21, 2024 bonded through National Notary Assn. (NOTARY SEAL) geclzlo (Name of Notary Typed, Printed, or SW.Red) Personally Known Type of Identification Produced OR Produced Identification �> [ _-- �J12 -Z 8/18/2022 BidSync p. 67 City of Miami 1492386 Item: Additional Services:Additional Services:lnstallation of Complete Mooring Unit LBT2022.pdf Seamar Divers LLC 2022. Lease Extension.pdf 8/18/2022 BidSync p. 86 000168 City of Local Business Tax Receipt Miami —Dade County, State of Florida THIS IS NOT A SILL -DO NOT PAY 5996096 BUSINESS NAMMOCATION SEAMAR DIVERS LLC 2760 W 79TH ST HIALEAH FL 33016 OYMER SEANIAR DIVERS LLC C/O ELOY ANAYR, MGR Employee(s) 1 RMIPT NO, RENEWAL 6256119 SEC. TYPE OF BUSINESS 213 SERVICE BUSINESS LBT EXPIRES SEPTEMBER 30, 2022 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art 9 & 10 PAYMENTRECENEO BY TAX 00 RECTOR $56.25 01/03/2022 INr 22-22502 This Local Business Tax Receipt only confirms payment of the Local Business Tax, The Receipt is not a license, permit, or a ceftif ication of the holder's qualifications, to do business. Holder mList comply with any govemine Mal or nongovernmental regulatory laws and requirements which apply to the business. 8/18/2022 The RECEIPT ft0. above must he displayed on ell cominerciallgevync-- Miami -Dade Code Sec go-276. For more information, visit fflmmiamjdadg.gov/(axcoIL§pior iC!`➢AI N11. p. 87 City of Miami 1492386 LEASE EXTENSION This Extension to Lease is made and entered into as of the _1_ day of February 2022, between Palm West Industrial Park Inc. ("Lessor") and Seamar Divers, LLC RECITALS Palm West Industrial Park Inc. as Landlord, and OES GROUP LLC. ("Lessee"). A. As Tenant, entered into a lease, dated January 18, 2020, for 3,500.00 square feet of office/warehouse space in the _Palm West Industrial Park Inc. (the "Leased Premises"), located at 2748 West 79 Street. Hialeah, Florida 33016. B. Lessee desires to extend the term of leased premises referred to as 2748 West 79 Street. Hialeah, Florida 33016, consisting of 3,500 square feet. C. Lessee agrees to rent the space for One Year. Commencing on February 1, 2022, and ending in January 31,2023 D. The base rent amount shall be Three thousand three hundred and fifty Dollars ($3,350.00) plus applicable sales tax, due on the first day and monthly thereafter for the term of the extension. E. Article V, Paragraph "C" "Real Property Taxes" allocable to the premises shall update automatically to the prior year's expense. Any increase in such amount during the extension term shall be billed by Landlord and payable by Lessee with seven (7) days of Lessee's being billed for such amount and shall be considered additional rent. F. All other terms in the Lease shall remain unchanged and in full force. IN WITNESS WHEREOF, the parties hereto have caused this Lease Extension to be executed the day and year first above written. Witnesses: 01--- Yadimir Bolivar Solana Sonia Vasquez Hernandez Lessor: Palm West Industrial Park Inc. By: print its I Seamar Divers, LLC Lessee: f By: ❑C ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ printed name Eloy Anaya as President. 8/18/2022 BidSync P. 88 City of Miami 1492386 Item: Additional Services:Additional Services:Additional Services:Removal of Complete Mooring Unit SeamarDiversCOI.pdf 8/18/2022 BidSync P. 89 City of Miami 1492386 ACOR" CERTIFICATE OF LIABILITY INSURANCE Ill7/19/2022 DATE(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Fisk Marine Insurance International, LLC 8110 Breakwater Drive New Orleans LA 70124 CONTACT NAME: Jodi Wlbel AONEo AX CNEXt: (504) 302-4400 No: (866) 543-4619 E-MAIL-ADDRESS: jwibel@fiskusa.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Great American Insurance Company 22136 INSURED SEAMDIV-01 Seamar Divers LLC INSURERB: World Star Ins. P.O. Box 940835 INSURERC: Progressive INSURER D: Miami FL 33194 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 958778766 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A GENERAL LIABILITY Y Y OMH 3274155-02 7/27/2022 7/27/2023 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 CLAIMS -MADE OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 X POLICY PROJECT LOC $ AUTOMOBILE LIABILITY 02622460-1 7/27/2022 7/27/2023 COMBINED SINGLE LIMIT Ea accident $1 000.000 X BODILY INJURY (Per person) $ 50,000.00 ANY AUTO ALL OWNED SCHEDULED AUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ X NON -OWNED HIRED AUTOS AUTOS UMBRELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 20022NET460 7/27/2022 7/27/2023 VVC STATU- OTH- X TORY LIMITS I ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 A P&I / Hull OMH 3274155-02 7/27/2022 7/27/2023 P&I Limit 1,000,000 A Vessel Pollution OMH 3273910-02 7/27/2022 7/27/2023 Pollution Limit 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) General Liability policy includes blanket additional insured and blanket waiver of subrogation as required by written contract, sudden and accidental pollution, ship repairers legal liability, traveling workmen, and primary /non-contributory endorsements. P&I policy is SP-38 form and covers 20' pontoon workboat. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Miami ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing Dept Miami Riverside Center AUTHORIZED REPRESENTATIVE 444 SW 2nd Ave, 6th FL Miami FL 33130 ACORD 25 (2010/05) 8/18/2022 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BidSync P. 90 City of Miami 1492386 Item: Additional Services:Additional Services:Additional ServicesAdditional Services:Removal and Installation of Complete Mooring Unit with Boat. LBT2022.pdf 8/18/2022 BidSync P. 91 City of Miami 1492386 Item: Additional Services:Additional Services:Additional ServicesAdditional Services:Additional Services:Removal and Installation of Complete Mooring Unit without Boat ADO Membership2022.pdf Eloy AnayaDivingCert.pdf JorgeHernandezDivingCert.pdf Raul MansoDivingCert.pdf 8/18/2022 BidSync p. 93 HAVING TO PLEDGE TO SUPPORT THE PURPOSES OF THIS ASSOCIATION 8/18/2022 SEAMAR DIVERS, LLC IS RECOGNIZED AS A GENERAL MEMBER FOR THE CURRENT YEAR SCOPE OF WORK: COMMERCIAL DIVING AND MARINE SERVICES 2022 • MEMBER # 3835 Phil Newsum Executive Director BidSync ,CA COntr. /oo Since 1968 0 Lm • �O�cAno�J� p. 94 J Association 'f;tPjyjUrg Dontra�q% International cert. # 3619 ,o►ioci 1' Expires 09129/2024 MIXED GAS GIVING SUPERVIS ELOY J. ANAYA I.D. 150969/1 8/18/ElMmercial Di•&d3yaerificaduii Cata p. 95 Lptaattuii ui Ljivirt$j L#,urjtra —I International fa� art tt fi2fi7C i City of Miami 1492386 'resident, AC UC International This is to certify that Raul M. Manso cialty Outer In, the specialty of U" stricted Surface Air & Mixed Gas Diver go 8/18/2022 BidSync p. 97 City of Miami 1492386 Bid Contact Alex Delgado idcshop@bellsouth.net Ph 954,523-2906 Fax 954,525-6521 1492386--01-01 Scheduled Supplier Product Code: and Emergency Supplier Notes: Minimum Dive Inspection: team configuration is 4 Divers. Mooring Unit This includes the minimum 3 diver team plus a fourth for vessel operations and/or QA-QC supervisor Certification statement, Certification, and Diver certs attached here. Address 2901 SW 3 Ave #5 Fort Lauderdale, FL 33315 First Offer - $258.00 250 / each $64,500.00 Y Lot Total $64,500.00 Item # Line Item Notes Unit Price • Docs 1492386--02-01 Additional Services: Installation of Supplier First Offer - $125.00 75 / each $9,375.00 Complete Mooring Unit Product Code: 1492386--02-02 Additional Services: Removal of Supplier First Offer - $125.00 50 / each $6,250.00 Complete Mooring Unit Product Code: 1492386--02-03 Additional Services: Removal and Supplier First Offer - $200.00 40 / each $8,000.00 Installation of Complete Mooring Product Unit with Boat. Code: 1492386--02-04 Additional Services: Removal and Supplier First Offer - $125.00 20 / each $2,500.00 Installation of Complete Mooring Product Unit without Boat Code: Lot Total $26,125.00 Item # Line Item Notes Unit Price • Docs 1492386--03-01 Emergency Response: Supplier Product First Offer - $7,735.00 2 / each $15,470.00 Service Call Charge Code: 8/18/2022 BidSync P. 98 City of Miami 1492386 Lot Total $15,470.00 Item # Line Item Notes Unit Price • Docs 1492386--04-01 Hourly Labor Supplier Product Code: First Offer - $124.00 10 / hour $1,240.00 Rate: Rate I for Miscellaneous Supplier Notes: Minimum Services Dive team configuration is 4 (Weekdays) Divers. This includes the minimum 3 diver team plus a fourth for vessel operations and/or QA QC supervisor 1492386--04-02 Hourly Labor Supplier Product Code: First Offer - $161.00 10 / hour $1,610.00 Rate: Rate II for Miscellaneous Supplier Notes: Minimum Services Dive team configuration is 4 (Weekends and Divers. This includes the Holidays) minimum 3 diver team plus a fourth for vessel operations and/or QA QC supervisor Lot Total $2,850.00 Supplier Total $108,945.00 8/18/2022 BidSync P. 99 City of Miami 1492386 Item: Scheduled and Emergency InspectionWooring Unit Cerifications.pcif 8/18/2022 BidSync P. 100 City of Miami iElR11 t% 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 (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: Alejandro Delgado • ��' '� • •r •- •. PHONE: 954.523.2906 FAX: 954.525,6521 EMAIL: SIGNED B TITLE CELL(Optional): 954.931.9249 Assistant VP DATE: July 28, 2022 FAILURE TO COMPLETE SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 8/18/2022 BidSync P. 101 City of Miami Certifications 1492386 Legal Name of Firm: Industrial Divers Corp/, Inc. Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Year Established: 1984 Address, City, State, Zip, Contact Name, Contact Tittle, Phone, Fax, Email: 2901 SW 3rd Ave. STE #5 Fort Lauderdale, FL 33315 Federal Employer Identification ("FEIN/EIN") Number: 59-2477510 Office Location: City of Miami, Miami -Dade County, or Other City of Fort Lauderdale Business Tax Receipt/ Occupational License Number: 329-12516 Business Tax Receipt/ Occupational License Issuing Agency: Broward Coun Business Tax Receipt/ Occupational License Expiration Date: September 30, 2022 Will Subcontractor(s) be used? (Yes or No) Z 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.: 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/I/22). If no addendum/addenda was/were issued, please insert N/A. Addendum No. 1, 07/20/2022 8/18/2022 BidSync p. 102 City of Miami 1492386 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: Palm Beach County Dept. of Environmental Resources Mgmt. Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: 2300 North Jog Road, 4th FL West Palm Beach, FL 33411 Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no. 1 Jena McNeal 561.233.2444 Reference No. 1: Date of Contract or Sale for above reference no. 1 2/23/2022 - 2/22/2023 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: Broward County - Natural Resources Division Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 115 S. Andrews Ave. Room 329-H Fort Lauderdale, FL 33301 Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2 Kirk Kilfovle 954.519.1452 Reference No. 2: Date of Contract or Sale for above reference no. 2 1/10/2022 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: City of Deerfield Beach Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: 50 NE 2nd Ave. Deerfield Beach, FL 33441 Reference No. 3: Name of Contact Person, Telephone Number and Email for above reference no. 3 Patrick Bardes 954.480.1426 Reference No. 3: Date of Contract or Sale for above reference no. 3 08/23/2021 Is the Commercial Diving Certifications for all team members included with your submission? No bids will be considered without the Commercial Diving Certifications. YES OR NO? Yes 8/18/2022 BidSync p. 103 City of Miami 1492386 Does the Bidder have a facility in the State of Florida? YES OR NO? If so, please provide the facility address. Yes - 2901 SW 3rd Ave. STE #5 Fort Lauderdale, FL 33315 Has the Bidder registered and insured suitable dive vessel(s) that can be mobilized from the facility to Dinner Key Marina (located at 3400 Pan American Drive, Miami, FL 33133) within 48 hours? YES OR NO? Yes 8/18/2022 BidSync p. 104 Association 22ftpjyji Contrary$p% International ADC1 Cert. # 62518 Expires 03/03/2026 rid BENJAMINN W. CARR I.D. 660407269 8/18/2R2 nunercial Div dS ertification Card P' 105 Association of Diving Contr�c�3r8 City of M4a International AOC11 Cert. # 62580 Expires 03/26/2023 Arm SKYLAR COOPER I.D. 20075315 8/18/2Q24mmercial DPWMPrtification Cardp- 106 Association guy PiJyiigg Contragq% International ADCI Cert. # 53818 Expires 05/19/2026 Nitrox Endorsement ALEJANDRO DELGADO I.D. 530990197 8/18/20E22 g�dS c Qoininercial MkN Certification (par1 ci7 Association eft Dly),,rW Contra�Vq% International ADCI Cert. # 64526 Expires 05/20/2024 SAMUELmE�HRHARD 11�� I.D. 34168 1t 811812 LYV-, f-e dfi d,, Cati10$ Association 9yD M,mg Cont,agc qq International ADCI Cert. # 61113 Expires 05/01/2022 MITCHELL ELKOWITZ I.D. 1119P3 811$1201�;mmercial M&Ptertification dkM9 Association c#jtP%gg Contragg International ADCI Cert. # 62864 Expires 04/28/2026 ROC8gQ 2 GALLETTPdSXUQ. 5832 110 Poniomniercial Dive ertification Card Association qft Dlyin Contra International AGCI Cert. # 63468 Expires 09/10/2023 JAKE HEBERT I.D. 20075622 8/1$/280.ercial &i certification CPtr)Jl 1 Association 9�, Y an4 Contr�gNs International gDCI Cert. # 62477 Expires 02/26/2023 ENTRY LEVEL TENDER/DIVER TYLER HOLBROOK I.D. 20075314 8/18/2F3mmercia1 DPWP)Tccrtification Care 112 Association 9fy%m an4 ContraF41691A International ADCI Cert. # 64529 Expires p 05/2012024 DYLAN HURST I.D. 34157 811812&mmercial DYV Pi ertification CRra13 Association q�, Yq%annq Contraptg § International ADC1 Cert. # 64533 Expires 05/20/2024 Arm DAKOTA MCDANIEL I.D. 34163 81181206mmercial ]BVky -.,, ft ation dirld4 Association QjjjyI?iXjWq Contra�gjg§ OInternational AOCI ; C Cert. # 63322 Expires 08/13/2023 rid TENDER/DIVER ENTRY LEVEL KEL PAYNE, JR. g� I.D. 23422319 8/18/20�2,.m,,cial DdS69Certification du U5 Association gftyD)Q Contrqq gs International ADCI gk , Cert. # 54973 Expires 12/17/2026 Nitrox Endorsement THOMAS C. PENNYPACKER I.D. 423120595 $11 $1. inmercial 17WIWE;c-rtification (pW6 Association pjy PWjpO Contraqt491,%6 International ADCI Cert. # 64662 Expires 06/15/2027 Nitrox Endorsement _ •: HANK J. RIGSBY I.D. 7994 8/18/202.Commercial Ph-8yg Certification Cafd117 Association c#t D#n Contra�% International ADC Cert. # 58727 Expires 11/21/2023 JOSEPH WALSH I.D.4648 8118126"mercia1 Di�A-�'&-Utification Card P- 118 City of Miami Solicitation 1492386 Solicitation 1492386 Underwater Visual Inspection Reporting/Repair Solicitation Designation: Public City of Miami 7/20/2022 9:55 AM P. 1 City of Miami Solicitation 1492386 Solicitation 1492386 Underwater Visual Inspection Reporting/Repair Solicitation Number 1492386 Solicitation Title Underwater Visual Inspection Reporting/Repair Solicitation Start Date Jul 5, 2022 8:00:02 AM EDT Solicitation End Date Jul 29, 2022 3:00:00 PM EDT Question & Answer End Jul 18, 2022 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 Jul 13, 202211:00:00 AM EDT Attendance is optional Location: +1 786-598-2961, United States, Miami (Toll) Conference ID: 226 551 912# 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 WITH RESPONSIVE AND RESPONSIBLE BIDDER(S) TO PROVIDE UNDERWATER VISUAL INSPECTION REPORTING/REPAIR SERVICES, ON AN AS -NEEDED BASIS. BID BOND AND PEFORMANCE BOND ARE 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; AND COMMERCIAL DIVING CERTIFICATIONS FOR ALL TEAM MEMBERS, 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 500MB 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. 7/20/2022 9:55 AM p. 2 City of Miami Item Response Form Solicitation 1492386 Item 1492386-01-01 - Scheduled and Emergency Inspection: Mooring Unit Quantity 250 each Unit Price Delivery Location City of Miami Dinner Key Marina & Mooring Facility 3400 Pan American Drive Miami FL 33133 Qty 250 Description Total Price, inclusive of all labor, equipment, tools, and supervision to provide buoy inspection for each installed 250 units (anchor hubs). Pursuant to Section 3.1,Specification/Scope of Work. The price is per unit. Estimated quantities only. Item 1492386-02-01 -Additional Services: Installation of Complete Mooring Unit Quantity 75 each Unit Price Delivery Location City of Miami Dinner Key Marina & Mooring Facility. 3400 Pan American Drive Miami FL 33133 Qty 75 Description Total Price, inclusive of all labor, equipment, tools, and supervision to provide installation of complete Mooring Unit, pursuant to Section 3.1,Specification/Scope of Work. The price is per unit. Estimated quantities only. The City shall provide the Mooring parts/systems. Item 1492386-02-02 - Additional Services: Removal of Complete Mooring Unit Quantity 50 each Unit Price Delivery Location City of Miami Dinner Key Marina & Mooring Facility 3400 Pan American Drive Miami FL 33133 Qty 50 Description Total Price, inclusive of all labor, equipment, tools, and supervision to provide removal of complete Mooring Unit, pursuant to Section 3.1,Specification/Scope of Work. The price is per unit. Estimated quantities only. Item Quantity 1492386-02-03 - Additional Services: Removal and Installation of Complete Mooring Unit with Boat. 40 each 7/20/2022 9:55 AM p. 3 City of Miami Unit Price Solicitation 1492386 Delivery Location City of Miami Dinner Key Marina & Mooring Facility 3400 Pan American Drive Miami FL 33133 Qty 40 Description Total Price, inclusive of all labor, equipment, tools, and supervision to provide removal and installation of Complete Mooring Unit with boat, pursuant to Section 3.1,Specification/Scope of Work. The price is per unit. Estimated quantities only. The City shall provide any needed replacement parts. Item 1492386-02-04 - Additional Services: Removal and Installation of Complete Mooring Unit without Boat Quantity 20 each Unit Price Delivery Location City of Miami Dinner Key Marina & Mooring Facility 3400 Pan American Drive Miami FL 33133 Qty 20 Description Total Price, inclusive of all labor, equipment, tools, and supervision to provide removal and installation of complete Mooring Unit without boat, pursuant to Section 3.1,Specification/Scope of Work. The price is per unit. Estimated quantities only. The City shall provide any needed replacement parts. Item 1492386-03-01 - Emergency Response: Service Call Charge Quantity 2 each Unit Price Delivery Location City of Miami Dinner Key Marina & Mooring Facility. 3400 Pan American Drive Miami FL 33133 Qty 2 Description Fixed Fee to provide emergency response within forty-eight (48) hours after being contacted by the City, pursuant to Section 3.1,Specification/Scope of Work. The price is per call. Estimated quantities only. Item 1492386-04-01 - Hourly Labor Rate: Rate I for Miscellaneous Services (Weekdays) Quantity 10 hour Unit Price Delivery Location City of Miami Dinner Key Marina & Mooring Facility 3400 Pan American Drive Miami FL 33133 Qty 10 Description 7/20/2022 9:55 AM p. 4 City of Miami Solicitation 1492386 Total cost per hour inclusive full compensation for labor (per person), equipment use, travel time, and any other related cost to provide miscellaneous work related to, but not otherwise covered in this contract, during the weekdays . Pursuant to Section 3.1,Specification/Scope of Work. The price is per hour. Estimated quantities only. The City shall provide any needed replacement parts. Item 1492386-04-02 - Hourly Labor Rate: Rate II for Miscellaneous Services (Weekends and Holidays) Quantity 10 hour Unit Price Delivery Location City of Miami Dinner Key Marina & Mooring Facility 3400 Pan American Drive Miami FL 33133 Qty 10 Description Total cost per hour inclusive full compensation for labor (per person), equipment use, travel time, and any other related cost to provide miscellaneous work related to, but not otherwise covered in this contract, during the weekends and holidays. Pursuant to Section 3.1, Specification/Scope of Work. The price is per hour. Estimated quantities only. The City shall provide any needed replacement parts. 7/20/2022 9:55 AM P. 5 City of Miami Solicitation 1492386 (111itiv icif 'ffliami ANNIE PEREZ, CPPO Director of Procurement ADDENDUM NO. 1 IFB N o. 1492386 ARTHUR NORIEGA V. City Manager July 20, 2022 Invitation For Bid ("IFB") for Underwater Visual Inspection Reporting/Repair TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. Equitable Adjustment is hereby added to the IFB as Section 2.33. The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or 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) may have to supply documentation to justify any requested percentage increase in cost to the City of Miami. B. The following is an inquiry received from a Prospective Bidder and the City's corresponding response: Q1. Is there a map available of the locations of the mooring units? Al. Yes, please refer to Exhibit A — Dinner Key Mooring Facility Map and Layout. 7/20/2022 9:55 AM p. 6 City of Miami ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. Solicitation 1492386 THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO, Director/Chief Procurement Officer City of Miami Procurement Department cc. Larry Spring, CPA, Assistant City Manager, Chief Financial Officer Jacqueline Lorenzo, Assistant Director, Department of Real Estate & Asset Management Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: SIGNATURE: DATE: 2 7/20/2022 9:55 AM p. 7 City of Miami EXHIBIT A Solicitation 1492386 1 2 3 4 1 5 REGULATORY LEGEND oF,y CLREEF",J\\\ 11111 F EXCLUSION BUOYS NAVIGATION CHANEL \ \ `\ \/ YACHT CLUB i/ /%,I l IJ %; � \� ` ID NORTHNG EA8IING I• "" 1°' N �� ,� / i / / / i \\ �•.� A 5M02.20 910451.4a -"- MOORING FIELD LIMITS FC'o,R \vP 4 p _- - ` r/ 6) / % / \ B 507975.w 91058&90 �\ '�BISCAYNE �`/(5- / ii / PROPERTY LINE PRIME MARINA ` RAY YACHT �� i i Q /, ( /\ C 308132.93 910443.75 ` MIAMI - CLUB "` _ --- APPROXIMATE CHANNEL LIMITS D O / ' j / / l }i\/ / % \� I 0 508395.59 9/0983BB FOR GROVE HARBOUR MARINA ` 1 //\YI / E 508699.n 91037265 IMPROVEMENT PROJECT (NOT IN D F 508768.85 910166.16 CONTRACT/PERMIT) `'•�' \\ i� •-�-'' 1 \ I 1 1 \ i \�J / / G 50es41.e3 909881.77 MOORING III MFS ,/ - I' I I V/i / •\ H 50820&BO 8098]2.78 ; 1 / / / \ i 1 •� I 508061.65 910059.05 _LIMITS OF SWWG CIRCLE \ % / \ -..' .. J 5UN6.47 910262.39 ss. / ' • (Z 1 i !n7\l K 507318.45 910239.88 ® STARBOARD CHANNEL MARKER (RED) \�. % •f,F�4j. �• 1 1 t> 1 L 507523.12 91002&12 / �• / VESSEL 1 M 11WH7.80 9w8f6.w ® PORT CHANNEL APPROX LIMITS Of PROPERTY MF4 / / EXCLUSION / N 50]T/0.04 9w521.40 MARKER (GREEN) _uiLLLLLL, A 4� Y31 ZONE / 'ISLAND L- SUBMERGED LAND) LINE (TYR) •`tom j` LEASE (TYR) .` .a x / "A° �_ / n q• 0 507519.63 9w305.13 1 CHANNEL MARKER NOT IN ">>�- _ ®//. I H 4` AREA - CONTRACT/PERMIT) APPRO%IMATE LIMITS OF / / I MOORING P 5070]0.69 909483.23 GROVE HARBOR MARINA.// PROPOSED FUTURE DOCK j,. / \" \ ` (5� 'A" % \7 L/ 1 0 507ta1.a4 910090.36 EXPANSION (NOT IN /�/ / _ / \ `••� / 1 j - LIMITS OF VESSEL 2 CHANNEL MARKER (NOT IN CONTRACT/PERMIT)-fJ I % \ L / yy `MF�i \ ti% 1 EXCLUSION ZONE CHANNEL MARKER CONTRACT/PERMIT) z L`\ti %"-�. 'J� I I BUOYS o a / 1 1 r I r�/ Q\ ` 6 .'i �.•.--131� ^°_ J_\ 0 SUBMERGED LAND LEASE LIMITS p C - / 1 rt \\ 1 !� I \_\� 1 - 4' MLW CONTOUR 1 �• '? / &IOYU HOUSING FA511NC z uW-. W �/4 l /\ 7_'l% j I GI 50]425.]8 9101w.10 C yi LL rrl�-`7 .� `-\ `�'.rt� J FIELD _4i_ REGULATORY 1 � rr / / /i \ �7l -L; }-�i.�-•l I �. _. J\/ /�\\ ,..J\ ��'�_�\-�„^ / MOORING FIELD BUOYS ^� ID NORTIINC !!.W CHANNEL MARKERS / (TYP,NOT IN MF \ \ ,1 MF2 y\ -:I MFI 50786062 910395.88 CONTRACT/PERMIT) 5)-i'•- ©`'S)�20 �'J \ /�/ MF8 -"�" % �.E / _ Mn 507878.71 B10w8.28 SEE NOTE 2 .( / \ �.�i� %- MF3 50615213 9w730.51 '( \ 1 / AFl- \� `17 < NAVIGATION %�>'�• REGULATORY > 1\ 1 �/ �/ / NI I \c, `\ • i /\ \� 16 / CHANNEL - a,, A'',.. �� BUOY (TiP) Mw 508z8243 9w55a.n „`2 /3/ \�' ,1 MF5 gw0.5355 809n0.85 Z4 )'+� J ll •iMAREAC ® \•• 1\ / MFI lr\` . ♦ CHANNEL MARKER \\ / /t �,•/ �/ / \ MF7 �� _ 5-SN MF8 50]Sw.95 910307.26 OY (TYP) MF] �69251 910 07 \ YA ](mil \\ \� MF8 t0.80 90B88B.33 I BU MF8 50782201 909302.38 \\ 50n57.98 9092n.e1 B \\\ \ � / /J�l \ �l�e��I �l \\`V,"� 1( � \\., �\ 4 \ Mfl1 507852.79 9w170.83 L .``�`y1 \)�� '' "owl• -DINNER KEY ;` \ ` ` \\ \ \ AREAS MARINA •,, .\, 1 1 \ i1° BMITS OF �� \\ `������\\\\[f \ \/ \ LOCATION AREA FAIRWAY '.1 \`� .. �\ / YJJ� ` '•\ \\ MOORING AREA 'A' 3.73 ACRE K \ \\ \\\\\\ ' MOORING AREA'S' 427 ACRE °4 MLW CONTOUR % \ \\ CHANNEL " R USLUgM 9.59 ACRE TRANSITION VESSEL EXCLUSM APPROXIMATE CHANNEL LIMITS _ \+\ VESSEL /� i / \ e ! `\`� (SEE NOTE 1) AREA •g• 9.6] ACRE (NOT IN CONTRACT/PERMIT) EXCLUSION /� _ / _ SEE NOTE 2 `ISLAND :\ :• •. ZONE = / /mil \�\ \ f ^C _ R. Jill \ 4. VESSEL DATA \../,!S-_ACA's•-•-,r.�r t 0 .\ i � O W r 9 O �sR $ W � o e ->r E xE VESSEL WATER MIN SWING SIZE DIAMETER A DEPTH NOTE `_LIMITS OF VESSEL 25' 4' 80' EXCLUSION ZONE 30' 4' Iw 1. CHANNEL BEGINS TRANSITION FROM EXISTING NAVIGATION CHANNEL TO PROPOSED NAVIGATION \\ \\ 1. 4.5' 110' a CHANNEL AT THE FOLLOWING EXISTING CHANNEL MARKERS 1Do' 0' 100' 200' e 506785.62N. 911886.46E (RED) _ . RENERissasia o 50' S.5' 15D' • 506449.87N, 911656.98E (GREEN) ISLAND SCALE: 1"=100 / 2. APPROXIMATE CHANNEL LIMITS AND CHANNEL MARKERS 1, 2. 4. 5 ,6 AND 7 FROM GROVE PROPOSED LIMITS Sheet m • 1' DRAFT CLEARANCE FOR VESSELS OF CHANNEL Reference No. N gp• HARBOUR MARINA IMPROVEMENT PROJECT DRAWINGS BY LEAF ENGINEERING DATED DECEMBER 4• _ PERMIT DRAWINGS11 • IS DRAFT CLEARANCE FWt � 2013. 26 JAN 2018 wwEL9 50' AND UP t ..r S-101 1 2 3 4 1 5 INDE%: 5 OF ] '4 MOORING BUOYS 10 �� 1 25 NORIHNM Sw452.49 FJvsnil9 9w834.18 2 35' 3 30' !K11IM 25 508281.&5 9w766.05 9w802w 4 50' S08284.93 9096n.72 5 35' S08178.20 8w787.13 6 30' 5w111.11 909888.85 7 25' .8051.98 9w936.59 8 30' S07860.13 91w73A4 9 30' Wn=0 910153.67 10 25' S07838.94 910220.08 11 1. S0n93.99 910296.72 12 3G 307734.43 910 n.05 13 35' S0]516.79 910f9280 14 35' S07382.29 910104.42 15 35' 507648.10 91w16.2B 16 35 50771328 9w927.67 17 40' S07n6.45 9w825.65 18 40' S07853.86 9w721.20 19 2W g 6156 9w670.50 20 30' S07810.38 9w594.52 2/ 30' sOn18.80 9w39&65 22 30' 5077w.70 9w299.05 23 2V S07711.36 9092011,76 24 2V 507639.24 9w355.55 25 25' 1 507638.56 9w243.41 7/20/2022 9:55 AM p. 8 II EFL KEY MOORING AGILITY LAYOUT MAY MUM DRAFT Depth-V) 25ft vessel 7ft 30ft vessel Oft 35ft vessel 5ft 40ft vessel Oft II �. HH 204 210 212 205 e21CF 21 Hrz 20 208 214 15_e1_ 207 2f5 20 2?10 218 217 FF 4 H H n ,,'."ate r Shallov 'Nater l MANATEE ZONE SMW SPEED k MINIMMOUVAKI 51 �' Vw 35 > 4 83 02 fj 'Hater � �T5 � 97 D.s 94 QQ 102 1 i GO Shallow 'a 5+ate r 1148 147 :�?i � 147 14'� 141 1-12 143 15U 144� 148 137 151 15'2 1145 1*4 03 166 10 - � led 1�7 170 105 1 , lei i,a2 1f33 144 172 171 too174 173 1S1 1 i4R9 � i 101 1€2 IQ3 fJ 184 1a5 18+i 187 18.8 lagb 1�1 11 '1 3 195 ik8 is7 18P u H City of Miami Solicitation 1492386 IFB Number: Title: Issue Date/Time: IFB Closing Date/Time: Pre-Bid/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: 1492386 City of Miami Invitation for Bid (IFB) Department of Procurement Miami Riverside Center 444 SW 2ndAvenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement Invitation for Bid for Underwater Visual Inspection Reporting/Repair 5-JUL-2022 29-JUL-2022 @ 3:00 p.m. Voluntary Wednesday, July 13, 2022 @ 11:00 a.m. Virtual Via Microsoft Teams Monday, July 18, 2022 @ 3:00 p.m. Lima, Cristiane CLima@miamigov.com (305)400-5009 7/20/2022 9:55 AM P. 11 City of Miami Certification Statement Solicitation 1492386 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 submiter. Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: EMAIL: SIGNED BY: FAX: CELL(Optional): TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 7/20/2022 9:55 AM p. 12 City of Miami Certifications Solicitation 1492386 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, 1/1/22). If no addendum/addenda was/were issued, please insert N/A. 7/20/2022 9:55 AM p. 13 City of Miami Solicitation 1492386 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: 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. 1 Reference No. 1: Date of Contract or Sale for above reference no. 1 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 Is the Commercial Diving Certifications for all team members included with your submission? No bids will be considered without the Commercial Diving Certifications. YES OR NO? 7/20/2022 9:55 AM p. 14 City of Miami Solicitation 1492386 Does the Bidder have a facility in the State of Florida? YES OR NO? If so, please provide the facility address. Has the Bidder registered and insured suitable dive vessel(s) that can be mobilized from the facility to Dinner Key Marina (located at 3400 Pan American Drive, Miami, FL 33133) within 48 hours? YES OR NO? 7/20/2022 9:55 AM p. 15 City of Miami Solicitation 1492386 IMPORTANT NOTICE TO BIDDERS: • BID BOND AND PEFORMANCE BOND ARE 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; AND 3. COMMERCIAL DIVING CERTIFICATIONS FOR ALL TEAM MEMBERS. • 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 500MB 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 SUPPORTkBIDSYNC.COM. 7/20/2022 9:55 AM p. 16 City of Miami Solicitation 1492386 Table of Contents Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS 2. Special Conditions 2.1. PURPOSE 2.2. VOLUNTARY SITE VISIT 2.3. PRE -BID CONFERENCE 2.4. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.5. TERM OF CONTRACT 2.6. CONDITIONS FOR RENEWAL 2.7. NON -APPROPRIATION OF FUNDS 2.8. METHOD OF AWARD 2.9. SUBMISSION REQUIREMENTS 2.10. REFERENCES 2.11. TIE BIDS 2.12. CURES 2.13. BIDDERS MINIMUM QUALIFICATIONS 2.14. INSURANCE REQUIREMENTS 2.15. ADDITIONS/DELETIONS OF SUPPLIERS/FACILITIES/ITEMS/SERVICES 2.16. PRIMARY CLIENT (FIRST PRIORITY) 2.17. METHOD OF PAYMENT 2.18. PROJECT MANAGER 2.19. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED 2.20. SUBCONTRACTORS MINIMUM REQUIREMENTS 2.2 1. ADDITIONAL CONTRACTOR(S) OR SUBCONTRACTOR(S) 2.22. SUPERVISOR 2.23. QUALITY OF WORK 2.24. COMPLETED WORK 2.25. FAILURE TO PEFORM 2.26. LIQUIDATED DAMAGES 2.27. USE OF PREMISES 2.28. DAMAGES TO PUBLIC/PRIVATE PROPERTY 2.29. SAFETY MEASURES AND PRECAUTIONS 2.30. FORCE MAJEURE 2.31. TERMINATION 2.32. ADDITIONAL TERMS AND CONDITIONS 3. Specifications 3.11. SPECIFICATIONS/SCOPE OF WORK 7/20/2022 9:55 AM p. 17 City of Miami Solicitation 1492386 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. Deimition: 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. 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. 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. 7/20/2022 9:55 AM p. 18 City of Miami Solicitation 1492386 1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor agrees to provide 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, orquasi-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 ormay 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 eighty (180) 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 eighty (180) 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. 7/20/2022 9:55 AM P. 19 City of Miami Solicitation 1492386 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. 7/20/2022 9:55 AM p. 20 City of Miami Solicitation 1492386 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. 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 Department of Procurement 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. 7/20/2022 9:55 AM p. 21 City of Miami Solicitation 1492386 J. Conflict of Interest, City Code Section 2-611;61. K Cone of Silence, City Code Section 18-74. 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(,Tmiamigov.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 7/20/2022 9:55 AM p. 22 City of Miami Solicitation 1492386 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 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 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 7/20/2022 9:55 AM p. 23 City of Miami Solicitation 1492386 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 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. 7/20/2022 9:55 AM p. 24 City of Miami Solicitation 1492386 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. 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. 119. 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 Department of Procurement. 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 7/20/2022 9:55 AM p. 25 City of Miami Solicitation 1492386 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. 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 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. 134. 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. 7/20/2022 9:55 AM p. 26 City of Miami Solicitation 1492386 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. 13& 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 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 titie(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. 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 or proceeding 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. 7/20/2022 9:55 AM p. 27 City of Miami Solicitation 1492386 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; 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. 7/20/2022 9:55 AM p. 28 City of Miami Solicitation 1492386 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 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 Department of Procurement, 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. 7/20/2022 9:55 AM p. 29 City of Miami Solicitation 1492386 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." 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, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT - Successful Bidder/Proposer/Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Successful Bidder/Proposer/Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any services funded by City, including Titles I and II of the ADA 7/20/2022 9:55 AM p. 30 City of Miami Solicitation 1492386 (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Successful Bidder/Proposer/Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Successful Bidder/Proposer/Contractor affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under the Formal Solicitation. Furthermore, Successful Bidder/Proposer/Contractor affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, 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/Proposer/Contractor shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. 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 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 31.1, 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 7/20/2022 9:55 AM p. 31 City of Miami Solicitation 1492386 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 famish 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 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. 7/20/2022 9:55 AM p. 32 City of Miami Solicitation 1492386 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 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. 7/20/2022 9:55 AM p. 33 City of Miami Solicitation 1492386 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. 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. 7/20/2022 9:55 AM p. 34 City of Miami Solicitation 1492386 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 stating 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 ofsolicitation. 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. (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. 7/20/2022 9:55 AM p. 35 City of Miami Solicitation 1492386 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 may be 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 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. 7/20/2022 9:55 AM p. 36 City of Miami Solicitation 1492386 (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 stating 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 call 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 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 7/20/2022 9:55 AM p. 37 City of Miami Solicitation 1492386 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. 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 7/20/2022 9:55 AM p. 38 City of Miami Solicitation 1492386 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's Department of Procurement. 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. 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. 7/20/2022 9:55 AM p. 39 City of Miami Solicitation 1492386 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. 7/20/2022 9:55 AM p. 40 City of Miami Solicitation 1492386 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Scheduled and Emergency Underwater Visual Inspection Reporting/Repair Services, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. VOLUNTARY SITE VISIT Prior to submitting the Bid, the Bidder is encouraged to visit the site of the proposed work and to become familiar with any conditions, which may in any manner, affect the work to be done or affect the equipment, materials and labor required. The Bidder should examine carefully the specifications and be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. For a site visitation appointment, contact Daniel Muelhaupt, Project Manager at dmuelhaupt(a�miamigov.com. At the site visit, Project Manager cannot answer any questions. The Bidder shall submit all questions electronically via Bidsync Portal pursuant to Section 2.4. Deadline for Receipt of Request for Additional Information/Clarification of the Special Conditions section of this Solicitation. 2.3. PRE -BID CONFERENCE A Virtual Voluntary pre -bid conference will be held on Wednesday, July 13, 2022 @ 11:00 a.m., via Microsoft Teams Click here to join the meeting or via phone +1 786-598-2961, Conference ID: 226 551 912# 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 -Proposal Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.4. 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 Monday, July 18, 2022 @ 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. 2.5. 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 three (3) 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. 2.6. 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. 7/20/2022 9:55 AM p. 41 City of Miami Solicitation 1492386 (2) Availability of funds. 2.7. 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). 2.8. METHOD OF AWARD Award of this contract will be made to up two (2) lowest responsible and responsive Bidder(s), who bid on all items and whose bid offers the lowest price when all items are added in the aggregate and meets specifications. The City shall select up to two (2) Bidder(s), with the lowest deemed the "Primary Vendor" and the next lowest the "Secondary Vendor", in the order of lowest prices provided to the City. Should the "Primary Vendor" not be able to provide the item at the time needed, the City has the option to select the next lowest "Secondary Vendor" to fulfill the order. 2.9. SUBMISSION REQUIREMENTS Please refer to Section 1.80, Notice Regarding "Submission and Receipts of Bids" of the General Terms and Conditions of this Solicitation 2.10. REFERENCES Each bid must be accompanied by a list of three (3) references, as reflected in the Certifications Section of this Solicitation, which shall include the name of the company, dates of contract, description of goods/services supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.11. 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, oruse 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. 7/20/2022 9:55 AM p. 42 City of Miami Solicitation 1492386 (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. 2.12. CURES Please refer to Section 1.56, Notice Regarding "Cures" of the General Terms and Conditions of this Solicitation. 2.13. 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 have a record of performance for the last five (5) 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) Have facility and vessels in the State of Florida, that can be mobilized to Dinner Key Marina, located at 3400 Pan American Drive, Miami, FL 33133, within 48 hours when required; (2) Have a minimum of three (3) experienced Divers with valid Commercial Diver Certification Card issued by the Association of Diving Contractors International ("ADCI") or approved equivalent. Bidder must submit a copy of valid Divers Commercial Diver Certification Card for all team members that may be used for services required in this Solicitation. (3) Warrants and represents that its divers have the necessary skills, training, background, knowledge, experience, and a valid Commercial Diver Certification Card to perform the work, in a competent and professional manner. In case of team members substitution during the period of the contract, the Successful Bidder(s) shall submit the Commercial Diver Certification Card for all new divers and have it approved by the Project Manager or designee, prior to performing any services under the contract; (4) 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. (5) Have no record of pending lawsuits or criminal activities and have not been declared bankrupt within the last five (5) years. (6) Submit completed and signed Certification Statement and Certifications Section. FAILURE TO MEET THE ABOVE MINIMUM REQUIREMENTS AND PROVIDE COPIES OF ALL REQUIRED DOCUMENTATION AT TIME OF BID SUBMITTAL, SHALL DEEM YOUR BID NON- REPONSIVE. 2.14. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder(s) 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(s) and persons employed or utilized by Successful Bidder(s) in the performance of this Contract. Successful Bidder(s) 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 7/20/2022 9:55 AM p. 43 City of Miami Solicitation 1492386 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(s) shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) 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(s) 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(s), or persons employed or utilized by Successful Bidder(s). 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(s) 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(s) 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(s) 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(s) or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s) 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(s). The Successful Bidder(s) 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(s) further agrees that the City shall not be required to compensate the Successful Bidder(s) for any such losses and assumes all liability in connection therein. The Successful Bidder(s) shall furnish to City of Miami, c/o Department of Procurement, 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: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami listed an additional insured Primary and Non Contributory Liability Contingent and Contractual Liability Premises/Operations Explosion, Collapse and Underground Hazard 7/20/2022 9:55 AM p. 44 City of Miami Solicitation 1492386 IL Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation USL&H Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit IV. Installation Floater/Builder's Risk (If Applicable) Causes of Loss: Special Form with Replacement Cost Deductible: $5,000 AOP, 5% Wind & Hail, Flood V. Protection and Indemnity Coverage/Jones Act Included Limits of Liability $1,000,000 City of Miami listed as an additional insured VI. Umbrella Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 7/20/2022 9:55 AM p. 45 City of Miami Solicitation 1492386 City of Miami listed as an additional insured. Coverage is excess over the general liability and auto policies. 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 V' 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. (See Insurance Addendum in Documents Section). NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. 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. 2.15. ADDITIONS/DELETIONS OF SUPPLIERS/FACILITIES/ITEMS/SERVICES Although this Solicitation identifies Suppliers/Facilities/Items/Services to be addressed, it is hereby agreed and understood that any Suppliers/Facilities/Items/Services may be added/deleted to/from this Contract at the sole discretion of the City. When an addition to the Contract is required, the Successful Bidder(s) under this Contract shall be invited to submit price quotes for these new items/services. If these quotes are comparable with market prices offered for similar items/services, they shall be added to the Contract whichever is in the best interest of the City and an amendment, and a separate purchase order shall be issued by the City. 2.16. 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. 7/20/2022 9:55 AM p. 46 City of Miami Solicitation 1492386 2.17. METHOD OF PAYMENT Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments will be made. 2.1& PROJECT MANAGER Upon award, Successful Bidder(s) shall report and work directly with Daniel Muelhaupt, Marinas Manager, Assistant or designee, who shall be designated as the Project Manager for the City. 2.19. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED A Sub -Contractor is an individual or firm contracted by the Successful Bidder(s) to assist in the performance of services required under this Solicitation. A Sub -Contractor shall be paid through the Successful Bidder's firm and not paid directly by the City. Sub -Contractors are allowed by the City in the performance of the services delineated within this Solicitation. Bidders must clearly reflect in their bid response the major Sub -Contractors to be utilized in the performance of required services. The City retains the right to accept or reject any Sub -Contractors proposed in the response of the Bidders or prior to Contract execution. Any and all liabilities regarding the use of a Sub -Contractor shall be borne solely by the Successful Bidder(s) and the insurance for each Sub -Contractor must be maintained in good standing and approved by the City throughout the duration of the Contract. Neither Successful Bidder(s) nor any of their Sub -Contractors are considered to be employees or agents of the City. Failure to list all Sub -Contractors and provide the required information may disqualify any proposed Sub -Contractors from performing work under this Solicitation. Bidders shall include in their bid response the requested Sub -Contractor information and include all relevant information required of the Bidder. In addition, within five (5) working days after the identification of the Award to the Successful Bidder(s), the Successful Bidder(s) shall provide a list confirming the Sub -Contractors that the Successful Bidder(s) intend to utilize in the Contract, if applicable. The list shall include, at a minimum, the name, location of the place of business for each Sub - Contractor, the services the Sub -Contractor will provide relative to any Contract that may result from this Solicitation, any applicable licenses, references, ownership, and other information required of the Successful Bidder(s). 2.20. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS Bidder must list any or all subcontractor(s) that may be utilized to assist in the performance of the work specified herein. Any subcontractor(s) listed must meet the same requirements and submit the same information listed under the Bidder's Minimum Qualifications, Section 2.13. All information required shall be included in the solicitation response. If Bidder does not include any subcontractor(s) as part of its bid submittal, it will be construed that Bidder will be able to handle the entire workload by itself and will not be allowed to subcontract any of the work unless it requests in writing the hiring of subcontractor(s) with the aforementioned requirements attached to its request within seventy two (72) hours of considering hiring subcontractor(s). The City will grant or deny such request in writing within forty-eight (48) hours of receiving said request. 211. ADDITIONAL CONTRACTOR(S) OR SUBCONTRACTOR(S) There are no implied or express guarantee that all Successful Bidder(s) under this contract will receive work assignments during any given catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency. However, the City reserves the right to assign work to multiple Successful Bidder(s) at any given point in time, add Contractor(s) who were not part of the initial award to the contract or direct Successful Bidder(s) to hire Subcontractor(s), which may or may not be part of this bid contract, to expedite the clean-up efforts of debris to restore normalcy and order to the lives of City residents, businesses, and general public in an expeditious manner. 7/20/2022 9:55 AM p. 47 City of Miami Solicitation 1492386 212. SUPERVISOR The Successful Bidder(s) shall employ a competent supervisor, at no additional cost to the City, who shall be in charge of the project and monitor the quality of the work and performance of Successful Bidder's personnel during the progress of the project. The supervisor shall be the primary representative for the Successful Bidder(s) and all communications given to and all decisions made by the supervisor shall be binding upon the Successful Bidder(s). Notwithstanding, the supervisor shall be considered, at all times, an employee of the Successful Bidder(s) under its sole direction and not an employee or agent of City of Miami. 2.23. QUALITY OF WORK All work shall be performed using superior maintenance standards and techniques. The frequencies established for repetitive maintenance tasks are minimum frequencies, which must be increased if deemed necessary and requested by the City. 2.24. COMPLETED WORK The City shall be notified by the Successful Bidder(s) upon completion of work. The City shall inspect and approve completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Successful Bidder(s) at no additional charge to the City. 2.25. FAILURE TO PEFORM Should it not be possible to reach the Successful Bidder(s) or authorized representative and/or should remedial action not be immediately taken on any failure to perform according to specifications, the City reserves the right to declare Successful Bidder(s) in default of the contract or make appropriate reductions in the contract payment. 2.26. LIQUIDATED DAMAGES Failure to complete the service 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 each and every calendar day the work remains incomplete (not to exceed the total amount of the contract), as compensation due to the City for loss of use and for additional costs incurred by the City due to such noncompletion of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder(s) under this agreement or to invoice the Successful Bidder(s) for such damages if the costs incurred exceed the amount due to the Successful Bidder(s). 2.27. USE OF PREMISES The Successful Bidder(s) shall confine his/her equipment, apparatus, the storage of materials, and the operation of his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager, and shall not unreasonably encumber the premises with his/her materials. The Successful Bidder(s) shall take all measures necessary to protect their own materials. 2.2& 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). 7/20/2022 9:55 AM p. 48 City of Miami Solicitation 1492386 219. SAFETY MEASURES AND PRECAUTIONS The Successful Bidder(s) 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(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. Successful Bidder(s) 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. The Successful Bidder(s) must adhere to the applicable environmental protection guidelines for the entire duration of the work. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. Successful Bidder(s) shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, Miami -Dade County PDR South Florida Building Code) which bear on the performance of the work. If an emergency condition should develop during work, the Successful Bidder(s) must immediately notify the Project Manager of each and every occurrence. The Successful Bidder(s) should also recommend any appropriate courses of action to the Project Manager. 2.30. 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 aForce Majeure Event continues. Any party seeking delay in performance due to aForce 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. 2.31. TERMINATION A. FOR DEFAULT If the 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/were not in default or (2) the Successful Bidder(s)'s failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Bidder(s) will be compensated in accordance with 7/20/2022 9:55 AM p. 49 City of Miami Solicitation 1492386 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. 2.32. 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. 7/20/2022 9:55 AM p. 50 City of Miami Solicitation 1492386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The purpose of this solicitation is to establish a contract for the provision of underwater visual inspection reporting/repair services, on an as -needed basis, for the City of Miami's Department of Real Estate Asset Management ("DREAM"). This work shall be inclusive of all labor, equipment, tools and supervision, for the proper and complete performance of the scope of work as listed below. Background: The City of Miami ("City") owns and operates approximately two hundred fifty (250) mooring units at the Dinner Key Mooring Facility in Miami, Florida, for the purpose of mooring recreational vessels in a mooring field on City -owned Bay bottom. The moorings require regularly scheduled and emergency inspections by a qualified commercial diving Contractor, to ensure functional integrity and safety. A. GENERAL REQUIREMENTS: The work to be performed by the Successful Bidder(s) shall consist of, but not limited to: 1) Installing, maintaining, and replacing the StormSoft equipment or similar component -based mooring systems at the Dinner Key Mooring Facility. Upon the City's request, the Successful Bidder(s) shall provide dive -log evidence and other related documentation that each dive team member has training and experience consistent with the performance requirements of the specifications herein stated; 2) Providing a suitable dive vessel, and all necessary diving equipment to meet all government regulations of the United States Coast Guard (USCG), and the Occupational Safety Hazard Administration (OSHA), 29CFR Part 1910 Subpart T- Commercial Diving Operations; 3) Inspecting and repairing approximately two hundred fifty (250) mooring units including the anchor hubs at the Dinner Key Marina, located at 3400 Pan American Drive, Miami, FL 33133; 4) Coordinating with the Project Manager or designee and adhere closely to the agreed schedule, or liquidated damages could be assessed; 5) Providing all data regarding the current condition of the mooring units to the Project Manager or designee who shall make all decisions regarding wear, erosion of metal, chafe, and, if necessary, subsequent replacement of components for the mooring units. All repair/replacement need to be approved by the Project Manager and/or Designee, no exception. 6) Completing all diving operations according to applicable commercial diving regulations and standards. This includes compliance with the Occupational Safety and Health Administration Commercial Diving Standards, 29 CFR 1910 Subpart T, the U.S Coast Guard Commercial Diving Regulations Subchapter V- Marine Occupational Safety, and Title 46 CFR 197, Subpart B - Commercial Diving Operations; 7) Conducting detailed inspections of the anchor head, underwater buoy, StormSoft down line, pennant line, all shackles, all swivels, all splices, all thimbles, and mooring buoys; 8) Cleaning the area around for inspection purposes only and inspecting mooring system wear points; and 9) Providing a detailed inspection digital report, covering all of the specifications herein stated. The report shall be submitted to the City no later than fifteen (15) days after the completion of the inspections. 7/20/2022 9:55 AM p. 51 City of Miami Solicitation 1492386 B. INSPECTIONS AND REPLACEMENT OF MOORING UNITS: The Successful Bidder(s) shall: 1) Clean and check all moorings from bottommost shackle, including but not limited to, swivels, and bolt heads/nuts for condition and wear. Visually inspect the current thickness and structural integrity of the system to determine wear corrosion and ensure that they are functioning properly; 2) Conduct light cleaning (no abrasion) and check all down line and pennant line components for wear or chafe. This work should be done without scrubbing to avoid abrade and fiber damage; 3) Clean and inspect mooring buoy to ensure legibility and inspect numbering for wear or non -adhesion; 4) Clean and inspect the underwater buoy to detect cracks, splits, or deterioration, check for correct position alignment on down line system; 5) Inspect the area around the anchor head to detect any objects that could cause damage to any system components; 6) Inspect any exposed anchor shaft above mud line for wear or deterioration; 7) Detect any excessive wear or component failure and recommend removal or replacement of the mooring system; 8) Secure the moored vessel (if applicable) to the support vessel to allow for the removal and replacement of the mooring unit; 9) Remove and clean old mooring system(s) before returning to shore, unload the cleaned old systems from the vessel, take them to a designated area and load the new mooring system(s) in the vessel. The City will provide the new mooring system(s) to replace the old removed unit(s); and 10) Accurately log all inspections, repairs, and maintenance activity on a City provided log sheet or equivalent log sheet approved by the Project Manager or designee and submit with report; detailing the condition of unit components and work completed. Log sheets shall be certified correct, dated, and signed by the Successful Bidder(s) and inspector. C. ADDITIONAL SERVICES In addition to the underwater inspection and reporting services detailed herein, whenever necessary , the Successful Bidder(s) shall be required to perform additional services on an as -needed basis, including but not limited to, the following services: • Removal of discrepant mooring units (partial or complete); • Replacement of new or refurbished mooring units provided by the City; • Installation of new or replacement mooring unit or boundary buoy anchor systems; • Underwater locating of existing mooring unit hubs, securing vessels currently on mooring systems needing to be repaired, and • Other services as required, not specifically described. 7/20/2022 9:55 AM p. 52 City of Miami Solicitation 1492386 D. EMERGENCY SERVICE CALL CHARGE: The Successful Bidder shall provide the Project Manager or designee, with after-hours emergency service call charge, to cope with an emergency situation which threatens public health and safety, as determined by the City. The Successful Bidder shall be immediately available via a twenty-four (24) hour, seven (7) days a week phone service. It is expected that non-scheduled requests for services (emergency calls, etc.) shall be responded to within forty-eight (48) hours after being contacted by the City. The Successful Bidder shall ensure that the Project Manager or designee has the telephone numbers of all employees assigned, or who would be called to the facility, and the designated employee shall be directed to respond to direct calls from the Project Manager or designee. The cost of after-hours emergency service call charge should include mobilization, vessel transportation (from Successful Bidder(s) location to Dinner Key Marina & Mooring Facility), and any other indirect costs not associated with mooring inspections or miscellaneous work performed done by the hourly labor rate. • Any work that is scheduled in advanced by the City with the Successful Bidder(s) will not be eligible for this charge. • Emergency Response time will be 48 hours or less. F. HOURLY LABOR RATES FOR MISCELLANEOUS SERVICES: The hourly labor rates for miscellaneous services will be applied to any additional work outside of regularly scheduled inspections, and/or additional services. The Successful Bidder(s) shall provide hourly labor rate per person for miscellaneous services related to, but not otherwise covered in this solicitation. The miscellaneous services shall be performed on an as needed basis, scheduled weeks in advanced and the emergency service call charge won't be allowed. Whenever the miscellaneous services hourly rate is utilized outside of regularly scheduled inspections or additional services requested, the Successful Bidder(s) may charge for a full days work (8 hours) times the number of divers used. Hourly labor rates are specified as follows: Hourly Labor Rate I - Hourly labor rate for miscellaneous services per person, for straight time repairs, i.e., from 8:00 A.M. to 5:00 P.M., Monday through Friday. Hourly Labor Rate II - Hourly labor rate for miscellaneous services per person, for overtime repairs, i.e., from 8:00 A.M. to 5:00 P.M., on weekends or holidays. G. CITY RESPONSIBILITIES: The City shall provide the following: 1. Mooring parts/systems; 2. Boat slip for the vessel being used during its stay at the marina; 3. Parking spaces for the Successful Bidder's staff, and 4. Showers for the Successful Bidder(s) staff. 7/20/2022 9:55 AM p. 53 City of Miami Solicitation 1492386 H. SUBMITTALS: Vendor shall submit with their bid: 1. Certification Statement; 2. Certifications Section; and 3. Copies of all Commercial Diver Certification Card for a minimum of three (3) team members. Note: Any ongoing additional work outside the scope of work approved by the Project Manager and/or Designee in writing will be added to the contract pursuant to Section 2.15. Additions/Deletions of Suppliers/Facilities/Items/Services of the Special Conditions of this Solicitation. 7/20/2022 9:55 AM p. 54 City of Miami Solicitation 1492386 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. 7/20/2022 9:55 AM p. 55 City of Miami Solicitation 1492386 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 HI, Section 18-73, of the Code of the City of Miami, Florida, as amended. Print Name (Bidder/Proposer Authorized Representative) Signature Date 7/20/2022 9:55 AM p. 56 City of Miami Solicitation 1492386 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 jyped, Printed, or Stamped) OR Produced Identification 7/20/2022 9:55 AM p. 57 POLICY NUMBER: APM- 2-19 DATE: March 26. 2019 ISSUED BY: Emilio T. Gonzalez, Ph.D. Ci / na er/Desi e SIGNATURE CITY OVMAMI ADMINISTRATIVE POLICY REVISIONS Solicitation 1492386 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. 7/20/2022 9:55 AM p. 58 City of Miami Solicitation 1492386 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. 7/20/2022 9:55 AM p. 59 City of Miami Solicitation 1492386 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. 7/20/2022 9:55 AM p. 60 City of Miami Solicitation 1492386 ATTACHMENT A CITY OF MIAMI LIVING WAGE ORDINANCE ARTICLE X. - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EM PLOYEES191 Footnotes: --- (9) --- NOL�- - Section 5 of Ord. No. 12787 states that this article shall be effective October 1, 2006. Editor's note— Prior to the adoption of Ord. No. 12787, Ord. No. 12623, § 2, adopted December 9, 2004, repealed article X, divisions 1-4, in its entirety, which pertained to the economic development financing authority and derived from Ord. No. 12062, § 3, adopted May 10, 2001. Sec. 18-556. - Definitions. City means the government of the City of Miami or any authorized agents, any board, agency, commission, department, or other entity thereof, or any successor thereto. Contract means any contract to provide services to the city in which the total value of the contract exceeds $100,000.00 per year. Contractor means any "for profit" individual, business entity, corporation, partnership, limited liability company, joint venture, or similar business entity which meets the following criteria: (1) The contractor is paid in whole or part from one or more of the city's general funds, capital project funds, special revenue funds, or any other funds, including, but not limited to, grants, donations, and the like, whether by competitive bid process, requests for proposals, or some other form of competitive solicitation, negotiation, or agreement, or any other decision to enter into a contract; and (2) The contractor is engaged in the business of or part of a contract to provide services for the benefit of the city. This section shall apply to employees of the contractor who spend the majority of their time on covered City of Miami service contracts. If the contract is for both goods and services it shall only apply to the services portion of such contract. This section shall not apply to contracts which are primarily for the sale or leasing of goods. Goods are defined in section 18-73 of the City Code. Covered employee means anyone employed by the city working more than 35 hours per week or any service contractor employee, working full or part-time, with or without benefits, that is involved in providing services under the service contractor's contract with the city. Covered employer means the city and any and all service contractors and subcontractors of a service contractor. Living wage means a wage that is as defined in section 18-557 of this Code. The living wage may be adjusted once annually by an amount equivalent to the cost of living adjustment for Miami -Dade County as published by the United States Department of Labor, Bureau of Labor Statistics. Language so stating will be included in all request for proposals, or other competitive solicitation documents, issued by the city for the procurement of services (unless the living wage provisions are excluded as provided in section 18-557 herein). New service contracts means those having contracts competitively solicited and awarded on or after January 1, 2017. Page 1 7/20/2022 9:55 AM p. 61 City of Miami Solicitation 1492386 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. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-557. - Living wage. (a) Living wage paid. (1) New service contractors. All new service contracts shall pay to all its employees who provide covered 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 as defined in this section unless otherwise excluded pursuant to this article. (2) Existing service contracts. Service contracts awarded and effective or competitively solicited prior to January 1, 2017, shall not be subject to the payment of the living wage set forth in this section and shall continue to be governed by the terms and conditions of the respective solicitation and resulting contractual documents, when applicable. (3) The living wage provisions shall apply to all contracts covered by this section unless specifically excluded by one or more subsections below: a. The living wage provision is disallowed by a federal or state law or regulation, grant requirements, or by a contract the city is accessing by "piggybacking", and which contract does not include a living wage provision; b. Funding sources for the contract disallow the living wage provision or provide contradictory funding requirements, or are contained in a contract awarded or solicited prior to the effective date of January 1, 2017, and which contract includes renewals or extensions; c. Professional service contracts awarded under the "Consultants Competitive Negotiation Act", F.S. § 287.055, forthe professional services within the scope of the practice of architecture, professional engineering, landscape architecture, registered surveying, and/or mapping; d. The living wage provision is waived by the city commission by resolution, prior to issuance of the competitive solicitation document, upon written recommendation of the city manager or authorized designee, when the city commission finds it is in the best interest(s) of the city to approve such waiver, in which case the living wage provision shall not apply in the competitive solicitation document; or e. All responsible wage construction contracts covered by section 18-120 of this Code. (4) City employees. For covered employees of the city, the city will begin to pay the living wage on a phase - in basis over a nine-year period beginning with the 2006-2007 city budget year to be implemented in the 2014-2015 fiscal year. The city manager, in his sole discretion, without further city commission approval, shall have the option to considerwhether it is in the city's best interest to complete the phase -in payment of living wage to city employees on a four-year period. Thereafter, the living wage to be paid by the city shall be subject to negotiations within the collective bargaining structure. (b) Health benefits; eligibility period. For a covered employer to comply with this article by choosing to pay the lower wage scale available when a covered employer also provides a standard health benefit plan, such health benefit plan shall consist of a payment of at least $1.81 per hour toward the provision of health benefits for covered employees and their dependents and shall be approved by the city. If the health benefit plan of the covered employer requires an initial period of employment for a new employee to be eligible for health benefits (the "eligibility period"), a covered employer may qualify to pay the $13.19 per hour wage scale for a term not to exceed the new employee's eligibility period, provided the new employee will be paid health benefits upon completion of the eligibility period, which period shall not exceed 90 days. (c) Certification required before payment. Any and all service contracts subject to this article shall be void, and no funds may be released, unless prior to entering any such contract with the city, the service contractor certifies to the city that it will pay each of its covered employees no less than the living wage. A copy of this Page 2 7/20/2022 9:55 AM p. 62 City of Miami Solicitation 1492386 certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The amount of the service contract and the city department the contract will serve. (3) A brief description of the project or service provided; (4) A statement of the wage levels for all covered employees; and (5) A commitment to pay all covered employees the living wage. (d) Observation of other laws. Every covered employee shall be paid without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The service contractor shall pay covered employees wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. (e) Posting. A copy of the living wage rate shall be kept posted by the service contractor subject to this article, at the site of the work in a prominent place where it can easily be seen and read by the covered employees and shall be supplied to such employees within a reasonable time after a request to do so. Additionally, service contractors subject to this article, shall furnish a copy of the requirements of this article to any entity submitting a bid for a subcontract on any service contract subject to this article. Posting requirements will not be required where the service contractor subject to this article, prints the following statements on the front of the covered employee's first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage Ordinance to be paid a living wage. If you do not believe you are being paid at the living wage rate, contact your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and Creole. (f) Collective bargaining. Nothing in this article shall be read to require or authorize any service contractor subject to this article, to reduce wages set by a collective bargaining agreement or as required under any prevailing wage law. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09; Ord. No. 13405, § 2, 9-26-13; Ord. No. 13648, § 27 11-17-16) Sec. 18-558. - Implementation. (a) Maintenance of payroll records. Each service contractor to which living wage requirements apply, as described in this article, shall maintain payroll record for all covered employees and basic records relating thereto and shall preserve them for a period of three years from the date of termination or expiration of the service contract. The records shall contain: (1) The name and address of each covered employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages earned and deductions made; (5) Annual wages paid; (6) A copy of the social security returns and evidence of payment thereof; (7) A record of fringe benefit payments including contributions to approved plans; and (8) Any other data or information the city shall require from time to time. (b) Reporting payroll. Every six months, the service contractor to which living wage requirements apply, as described in this article, shall file with the city's procurement director a listing of all covered employees together with a certification of compliance with this article. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any Page 3 7/20/2022 9:55 AM p. 63 City of Miami Solicitation 1492386 period covered by the service contract. The city may examine payroll records as needed to ensure compliance. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09) Sec. 18-559. - Compliance and enforcement. (a) Service contractor to cooperate. The service contractor shall permit city employees, agents, or representatives to observe work being performed at, in or on the project or matter for which the service contractor has a contract. The city representatives may examine the books and records of the service contractor relating to the employment and payroll of covered employees and may survey covered employees to determine if the service contractor is in compliance with the provisions of this article. (b) Complaint procedures and sanctions. An employee who believes that he/she is a covered employee of a service contractor and that the service contractor is or was not complying with the requirements of this article has a right to file a complaint with the procurement director of the city. Such complaints may be made at any time and shall be investigated within a reasonable period of time by the city. Written and oral statements by any such employee shall be treated as confidential and shall not be disclosed without the written consent of the employee to the extent allowed by the Florida Statutes. (c) Private right of action against service contractor. Any covered employee or former covered employee of a service contractor may, instead of utilizing the city administrative procedure set forth in this article, but not in addition to such procedure, bring an action by filing suit against the service contractor in any court of competent jurisdiction to enforce the provisions of this article and may be awarded back pay, benefits, attorney's fees, and costs. The applicable statute of limitations for such a claim will be two years as provided in F.S. § 95.11(4)(c) as may be amended from time to time for an action for payment of wages. The court may also impose sanctions on the service contractor, including those persons or entities aiding or abetting the service contractor, to include wage restitution to the affected covered employee and damages payable to the covered employee in the sum of up to $500.00 for each week the service contractor is found to have violated this article. (d) Sanctions against service contractors. For violations of this article, the city shall sanction a service contractor by requiring the service contractor to pay wage restitution at its expense for each affected employee. The city may also sanction the service contractor in at least one of the following additional ways: (1) The city may impose damages in the sum of $500.00 for each week for each covered employee found to have not been paid in accordance with this article; (2) The city may suspend or terminate payment under the service contract or terminate the contract with the service contractor; and (3) The city may declare the service contractor ineligible for future service contracts for three years or until all penalties and restitution have been paid in full, whichever is longer. In addition, any employer shall be ineligible for a service contract where principal officers of such employer were principal officers of a service contractor who has been declared ineligible under this article. (4) If the contract has been awarded under the city procurement ordinance, the city may debar or suspend the contractor as provided therein. (e) Public record of sanctions. All such sanctions recommended or imposed shall be a matter of public record. (f) Sanctions for aiding and abetting. The sanctions contained in this article shall also apply to any party or parties aiding and abetting in any violation of this article. (g) Retaliation and discrimination barred. A service contractor shall not discharge, reduce the compensation, or otherwise discriminate against any covered employee for making a complaint to the city, or otherwise asserting his or her rights under this article, participating in any of its proceedings or using any civil remedies to enforce his or her rights under this article. Allegations of retaliation or discrimination, if found true in a city administrative proceeding or by a court of competent jurisdiction, shall result in an order of restitution and reinstatement of a discharged covered employee with back pay to the date of the violation or such other relief as deemed appropriate. Page 4 7/20/2022 9:55 AM p. 64 City of Miami Solicitation 1492386 (h) Remedies herein non-exclusive. No remedy set forth in this article is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this article or in a court of law. This article shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-560. - Employers receiving direct tax abatement or subsidy. The city reserves the right to impose the living wage requirements of this article on or after January 1, 2017 on any employer as a condition of that employer receiving a direct tax abatement or subsidy from the city. (Ord. No. 13648, § 2, 11-17-16) Secs. 18-561-18-599. - Reserved. Page 5 7/20/2022 9:55 AM p. 65 City of Miami Solicitation 1492386 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. 7/20/2022 9:55 AM p. 66 City of Miami Solicitation 1492386 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. 7/20/2022 9:55 AM p. 67 City of Miami Solicitation 1492386 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. 7/20/2022 9:55 AM p. 68 City of Miami Solicitation 1492386 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. 7/20/2022 9:55 AM p. 69 City of Miami Solicitation 1492386 Question and Answers for Solicitation #1492386 - Underwater Visual Inspection Reporting/Repair Question 1 Is there a map available of the locations of the mooring units in question? (Submitted: Jul 14.20223:06:55 PM EDT) Answer -Please seethe posted Addendum No.1 (Answered: Jul 20, 202211:55:23 AM EDT) 7/20/2022 9:55 AM p. 70