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DocuSign Envelope ID: 718C6682-355B-4254-8722-17FBE12205F8 TO: Arthur Noriega V City Manager CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM FROM: ri te"P'erez, CPPO Director/Chief Procurement Officer Department of Procurement DATE: June 6, 2023 FILE SUBJECT: Recommendation of Award Pre -Qualified Pool of Vendors for the Provision of Cast Iron Manhole Covers, Tops and Tree Grates, Citywide REFERENCES: Invitation for Bid ("IFB") No. 1659386 ENCLOSURES: RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends the award of Invitation for Bid, ("IFB") No. 1659386 to various responsive and responsible Bidders, who have been pre -qualified and will be added to a pool for the provision of cast iron manhole covers, tops and tree grates, Citywide, on an as needed basis. The awarded vendors, contract terms, and amount are shown below: IFB No./Title: IFB No. 1659386, Pre -Qualified Pool of Vendors for the Provision of Cast Iron Manhole Covers, Tops and Tree Grates, Citywide Contract Amount: Approximately $30,000 annually ($210,000 in the aggregate). Contract Term: Initial term for a period of four (4) years, with the option to renew for three (3) additional one (1) year periods. Recommended Vendor: Core & Main LP ("Core & Main"), and Ferguson Enterprises, LLC ("Ferguson") BACKGROUND: On April 26, 2023, Procurement, on behalf of Department of Resilience and Public Works ("Public Works"), issued IFB No. 1659386, Pre -Qualified Pool of Vendors for the Provision of Cast Iron Manhole Covers, Tops and Tree Grates, Citywide, on an as needed basis, under full and open competition. On May 23, 2023, at bid closing two (2) bids were received. The bids were evaluated and tabulated following the guidelines published in the bid. All Bids were deemed responsive and responsible Bidders. In addition, this is an open pool whereby vendors can be added in the future. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. Approved: a Arthur Noriega V, City Manager PR23131 June 8, 2023 1 08:57:58 EDT Date: DocuSign Envelope ID: 718C6682-355B-4254-8722-17FBE12205F8 c: Larry Spring, C.P.A., Chief Financial Officer, Assistant City Manager Nzeribe Ihekwaba, Ph.D., P.E., Deputy City Manager, Chief of Infrastructure Juvenal Santana, P.E., CFM, Director, Resilience and Public Work Pablo R. Velez, Esq., Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement PR23131 Page 2 of 2 DIVISION OF CORPORATIONS yEloil Of ---ram`Sew 9,24/ •we 9 ir r i'fil!) an official stay of Florida websiry Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Partnership CORE & MAIN LP Filing Information Document Number A04000001840 FEI/EIN Number 03-0550887 Date Filed 11/22/2004 State FL Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 12/16/2021 Event Effective Date 12/27/2021 Principal Address 1830 CRAIG PARK COURT ST LOUIS, MO 63146 Changed: 09/21/2017 Mailing Address 1830 CRAIG PARK COURT ST LOUIS, MO 63146 Changed: 09/21/2017 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 Name Changed: 10/21/2016 Address Changed: 10/21/2016 General Partner Detail Name & Address CORE & MAIN INTERMEDIATE GP, LLC 1830 CRAIG PARK COURT ST. LOUIS, MO 63146 Annual Reports Report Year Filed Date 2021 04/26/2021 2022 04/24/2022 2023 04/25/2023 Document Images 04/25/2023 --ANNUAL REPORT 04/24/2022 --ANNUAL REPORT 12/16/2021 -- Merl 04/26/2021 --ANNUAL REPORT 04/07/2020 -- Merl 01/22/2020 --ANNUAL REPORT 08/05/2019 -- LP Amendment 08/05/2019 -- LP Amendment 08/05/2019 -- LP Amendment 04/22/2019 --ANNUAL REPORT 04/17/2018 --ANNUAL REPORT 08/29/2017-- LPAmendment and Names Change 08/01/2017 -- Merger 08/01/2017 -- LPAmendment 04/28/2017 --ANNUAL REPORT 10/21/2016 -- Reg. Agent Change 04/29/2016 --ANNUAL REPORT 05/01/2015 --ANNUAL REPORT 05/01/2014 --ANNUAL REPORT 04/30/2013 --ANNUAL REPORT 05/01/2012 --ANNUAL REPORT 04/27/2011 --ANNUAL REPORT 03/17/2010 --ANNUAL REPORT 09/30/2009 -- LP Amendment 04/29/2009 --ANNUAL REPORT 04/29/2008 --ANNUAL REPORT 12/05/2007 -- Reg. Agent Change 05/05/2007 --ANNUAL REPORT 10/25/2006 -- LP Name Change 05/22/2006 --ANNUAL REPORT 06/03/2005 -- Contribution Changg 05/23/2005 --ANNUAL REPORT 12/22/2004 -- Merger 11/22/2004 -- Domestic LP View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations DIVISION OF CORPORATIONS 1 5fil.,ikP/).org 5;r ikP/)c.org ; poi rrr o rri an official 5sate of Florida �s yb3it9 Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company FERGUSON ENTERPRISES, LLC Filing Information Document Number M19000003601 FEI/EIN Number 54-1211771 Date Filed 04/09/2019 State VA Status ACTIVE Principal Address 751 Lakefront Commons Newport News, VA 23606 Changed: 04/06/2023 Mailing Address 751 Lakefront Commons Newport News, VA 23606 Changed: 04/06/2023 Registered Agent Name & Address CORPORATE CREATIONS NETWORK, INC. 801 US HIGHWAY 1 NORTH PALM BEACH, FL 33408 Name Changed: 04/06/2023 Address Changed: 03/25/2020 Authorized Person(s) Detail Name & Address Title Manager, Director, President, CEO Murphy, Kevin M. 751 Lakefront Commons Newport News, VA 23606 Title Manager, Director, CFO Brundage, William S. 751 Lakefront Commons Newport News, VA 23606 Title Manager, Director, Senior Vice President, Secretary Graham, Ian T. 751 Lakefront Commons Newport News, VA 23606 Title Assistant Treasurer Crowder, Brenda L. 751 Lakefront Commons Newport News, VA 23606 Title Assistant Secretary Adcox, Steven R. 751 Lakefront Commons Newport News, VA 23606 Title Assistant Secretary Gallo, Eric A. 751 Lakefront Commons Newport News, VA 23606 Title Assistant Secretary Rice, Wesley E. 751 Lakefront Commons Newport News, VA 23606 Title Assistant Secretary Yutesler, Julie A. 751 Lakefront Commons Newport News, VA 23606 Title VP - Tax DuBois, Rebecca S. 751 Lakefront Commons Newport News, VA 23606 Title VP, Treasurer McElhannon, Shaun 751 Lakefront Commons Newport News, VA 23606 Annual Reports Report Year Filed Date 2023 02/02/2023 2023 03/16/2023 2023 04/06/2023 Document Images 04/06/2023 --AMENDED ANNUAL REPORT 03/16/2023 -- AMENDED ANNUAL REPORT 02/02/2023 --ANNUAL REPORT 04/15/2022 --ANNUAL REPORT 03/29/2021 --ANNUAL REPORT 02/22/2020 --ANNUAL REPORT 04/09/2019 -- Foreign Limited View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2"dAvenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement 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: 1659386, 1 Pre -Qualified Pool of Vendors for the Provision of Cast Iron Manhole Covers, Tops and Tree Grates, Citywide 26-APR-2023 @ 9:00 A.M. 23-MAY-2023 @ 3:00 P.M. Voluntary 05-MAY-2023 @ 10:00 A.M. Virtual via Microsoft TEAMS 12-MAY-2023 @ 5:00 P.M. Soto, Teresa TSoto@miamigov.com (305)400-5024 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: ADDRESS: PHONE: 786-573-3401 FAX: 786-573-3440 18701 SW 108th Avenue, Cutler Bay, FL 33157 EMAIL: benjamin.strasser@coreandmain.com SIGNED BY: 6e,ny.a rrbi.n, TITLE: Municipal Quotations Specialist CELL(Optional): DATE: May 18, 2023 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Limited Partnership Year Established: 2004 Office Location: City of Miami, Miami -Dade County, or Other Miami -Dade County (Cutler Bay, FL) Federal Employee Identification Number ("FEIN"): 03-0550887 Business Tax Receipt/Occupational License Number: 7553515 (Business License attached) Business Tax Receipt/Occupational License Issuing Agency: Miami -Dade County Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) No, we are a distributor supplying materials from US Foundry and other vendors. 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): N/A Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e., Addendum No. 1, 1/1/23). If no addendum/addenda was/were issued, please insert N/A. Addendum No. 1, 05/18/23 If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? N/A (office located in Cutler Bay, FL) Does Bidder have any pending lawsuits with or against the City of Miami, any of its agencies and/or instrumentalities? (Yes or No) If Yes, please list. Does Bidder have any record of criminal activities? (Yes or No) If Yes, please list. No Has Bidder declared bankruptcy within the past seven (7) years? (Yes or No) If Yes, when? No Does Bidder have any prior or pending litigation, either civil or criminal, involving a governmental agency, or which may affect the performance of the services to be rendered herein, in which the Bidder, any of its employees, or subcontractors is or has been involved in within the last five (5) years? (Yes or No) If Yes, please list. No Titg f ANNIE PEREZ, CPPO Director of Procurement ARTHUR NORIEGA V City Manager ADDENDUM NO. 1 IFB 1659386 May 18, 2023 Invitation for Bid ("IFB") Pre -Qualified Pool of Vendors for the Provision of Cast Iron Manhole Covers, Tops and Tree Grates, Citywide 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. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. A. The following is the City's response to a question received from a prospective Bidder: Q1. Is the vendor required to list prices for the items in the IFB and keep the price firm for one hundred and eighty (180) days? Al. Refer to Section 2.10, Spot Market Pricing Procedure of this solicitation. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. AP:ts Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department 1 c. Juvenal Santana, P.E., C.F.M., Director, Resilience and Public Works Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director 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: Core & Main LP DATE: May 18, 2023 SIGNATURE: 6e- n4-n- 2 Local Business Tax Receipt Miami —Dade County, State of Florida -THIS IS NOT A BILL - DO NOT PAY 7265829 BUSINESS NAME/LOCATION CORE & MAIN LP 18701 SW 108 AVE MIAMI, FL 33157 OWNER CORE & MAIN GP LLC c/o DUCHARME, MCMILLEN & ASSOCIATES Employee(s) 6 RECEIPT NO. RENEWAL 7553515 SEC. TYPE OF BUSINESS LBT� EXPIRES SEPTEMBER 30, 2023 Must be displayed at place of business Pursuant to County Code Chapter 8A — Art. 9 & 10 PAYMENT RECEIVED 220 TANGIBLE PERSONAL BY TAX COLLECTOR PROP DLR 75.00 09/22/2022 FPPU03-22-015216 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. _ The RECEIPT NO. above must be displayed on all commercial vehicles — Miami —Dade Code Sec 8a-276. MIAMI•DAD For more information, visit www.miamidade.gov/taxcollector '® Page 1 of 1 AC RL�-�� ! CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 07/29/2022 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 have ADDITIONAL INSURED provisions or 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 Willis Towers Watson Northeast, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA CONTACT Willis Towers Watson Certificate Center NAME: PHONE 1-877-945-7378 FAX 1-888-467-2378 (AIC. No. Extl: (A/C, No): E-MAIL c ADDRESS: ertificates@willis. com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: ACE American Insurance Company 22667 INSURED Core & Main LP 1830 Craig Park Court Saint Louis, MO 631464122 INSURERB: Willis Submission Carrier GENRC INSURER C: ACE Property & Casualty Insurance Company 20699 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: W25546961 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 LTRINSD TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MMIDD/YYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY XSL G72953447 08/01/2022 EACH OCCURRENCE $ 500,000 CLAIMS -MADE X OCCUR PRS RENTED PREMISES ( (Ea occurrence) $ 500,000 X SIR Each Occurrence: $500 , 000 MED EXP (Any one person) $ 15,000 08/01/2023 PERSONAL&ADVINJURY $ 500,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT X PER: LOC GENERAL AGGREGATE $ 1,500,000 PRODUCTS - COMP/OPAGG $ 1,500,000 $ B AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY SEE ATTACHED 08/01/2022 08/01/2023 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLA LIAB EXCESSLIAB X O OCCUR CLAIMS -MADE XEU G72535613 002 08/01/2022 EACH OCCURRENCE $ 5,000,000 08/01/2023 AGGREGATE $ 5,000,000 $ NDED RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N No N/A SEE ATTACHED 08/01/2022 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 08/01/2023 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ B Additional Lines of Coverage SEE ATTACHED 08/01/2022 08/01/2023 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Evidence Only SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVERE /,, ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID 22898890 BATCH: 2615700 ADDITIONAL COVERAGE SCHEDULE NAMED INSURED: Core & Main LP AUTOMOBILE LIABILITY Policy Effective & Expiration Dates: See Page 1 Limits: See Page 1 POLICY NUMBER STATE INSURER(S) AFFORDING COVERAGE ISA H25573353 All Other States ACE American Insurance Company WORKERS COMPENSATION & EMPLOYERS LIABILITY Policy Effective & Expiration Dates: See Page 1 Limit: See Page 1 POLICY NUMBER STATE INSURER(S) AFFORDING COVERAGE WLR C68923177 All Other States ACE American Insurance Company SCF C68923219 Wisconsin ACE American Insurance Company EXCESS LIABILITY Policy Effective & Expiration Dates: 08/01/2022-08/01/2023 POLICY NUMBER TYPE OF INSURANCE LIMITS INSURER(S) AFFORDING COVERAGE NY22RXSZO2HYLIV Excess Automobile Liability $3M xs $2M Navigators Insurance Company MKLM6MM50000044 Excess General Liability $5M xs Primary GL Markel American Insurance Company *Umbrella Liability shown on Page 1 applies after above shown limits are exhausted for their respective lines of coverage City of Miami Solicitation IFB 1659386 Solicitation IFB 1659386 Pre-Qual. Pool of Vendors, Furnish Cast Iron Manhole Cvrs., Tops & Tree Grates Solicitation Designation: Public City of Miami 5/18/2023 11:47 AM p. 1 City of Miami Solicitation IFB 1659386 Solicitation IFB 1659386 Pre-Qual. Pool of Vendors, Furnish Cast Iron Manhole Cvrs., Tops & Tree Grates Solicitation Number Solicitation Title Solicitation Start Date Solicitation End Date Question &Answer End Date Solicitation Contact Contract Duration Contract Renewal Prices Good for Pre -Solicitation Conference Solicitation Comments Addendum # 1 IFB 1659386 Pre-Qual. Pool of Vendors, Furnish Cast Iron Manhole Cvrs., Tops &Tree Grates Apr 26, 2023 9:00:12 AM EDT May 23, 2023 3:00:00 PM EDT May 12, 2023 5:00:00 PM EDT Teresa Soto 305-416-1919 tsoto@miamigov.com See Specifications See Specifications See Specifications May 5, 2023 10:00:00 AM EDT Attendance is optional Location: See Section 2.2 PRE -BID CONFERENCE THE PURPOSE OF THIS SOLICITATION IS TO ESTABLISH A PRE -QUALIFICATION POOL ("POOL"), FOR THE PROVISION OF CAST IRON MANHOLE COVERS, TOPS, AND VARIOUS TREE GRATES, ON AN AS NEEDED BASIS, AS SPECIFIED HEREIN, FROM A SOURCE(S), FULLY COMPLIANT WITH THE TERMS, CONDITIONS, AND STIPULATIONS OF THE SOLICITATION. FAILURE TO COMPLETE, SIGN, AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATION SECTION WILL RENDER YOUR BID NON -RESPONSIVE. ALL UPLOADS SHALL BE IN THE PDF FILE FORMAT. NO OTHER FILE FORMAT WILL BE ACCEPTED BY THE CITY. ATTACHMENT FILES SHALL BE NOT 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 9386, 1.pdf .pdf Item Response Form 5/18/2023 11:47 AM p. 2 City of Miami Solicitation IFB 1659386 Item IFB 1659386--01-01 - BIDDERS ARE NOT REQUIRED TO ENTER A UNIT PRICE ON THIS LINE ITEM. Quantity 1 each Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description BIDDERS ARE NOT REQUIRED TO ENTER A UNIT PRICE ON THIS LINE. 5/18/2023 11:47 AM p. 3 City of Miami Solicitation IFB 1659386 Titu 0 tatni ANNIE PEREZ, CPPO Director of Procurement ARTHUR NORIEGA V City Manager ADDENDUM NO. 1 IFB 1659386 May 18, 2023 Invitation for Bid ("IFB") Pre -Qualified Pool of Vendors for the Provision of Cast Iron Manhole Covers, Tops and Tree Grates, Citywide 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. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. A. The following is the City's response to a question received from a prospective Bidder: Q1. Is the vendor required to list prices for the items in the IFB and keep the price firm for one hundred and eighty (180) days? Al. Refer to Section 2.10, Spot Market Pricing Procedure of this solicitation. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. AP:ts Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department 1 5/18/2023 11:47 AM p. 4 City of Miami Solicitation IFB 1659386 c. Juvenal Santana, P.E., C.F.M., Director, Resilience and Public Works Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director 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: Ferguson Enterprises LLC DATE: SIGNATURE: 5/22/23 5/18/2023 11:47 AM 2 p. 5 City of Miami Solicitation IFB 1659386 City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2"dAvenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement 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: 1659386, 1 Pre -Qualified Pool of Vendors for the Provision of Cast Iron Manhole Covers, Tops and Tree Grates, Citywide 26-APR-2023 @ 9:00 A.M. 23-MAY-2023 @ 3:00 P.M. Voluntary 05-MAY-2023 @ 10:00 A.M. Virtual via Microsoft TEAMS 12-MAY-2023 @ 5:00 P.M. Soto, Teresa TSoto@miamigov.com (305)400-5024 5/18/2023 11:47 AM p. 6 City of Miami Solicitation IFB 1659386 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: Ferguson Enterprises LLC ADDRESS: 12500 Jefferson Ave Newport News, VA 23602 PHONE: 786-573-7150 FAX: EMAIL: matthew.gracie@ferguson.com CELL(Optional): SIGNED BY: Matt Gracie TITLE: Sales DATE: 5/22/23 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 5/18/2023 11:47 AM p. 7 City of Miami Solicitation IFB 1659386 Certifications Legal Name of Firm: Ferguson Enterprises LLC Entity Type: Partnership, Sole Proprietorship, Corporation, etc. LLC Year Established: 1953 Office Location: City of Miami, Miami -Dade County, or Other Miami Federal Employee Identification Number ("FEIN"): 54-1211771 Business Tax Receipt/Occupational License Number: 5427471 Business Tax Receipt/Occupational License Issuing Agency: Miami Dade County Business Tax Receipt/Occupational License Expiration Date: September 30, 2023 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): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e., Addendum No. 1, 1/1/23). If no addendum/addenda was/were issued, please insert N/A. Addendum No. 1 If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? No 5/18/2023 11:47 AM p. 8 City of Miami Solicitation IFB 1659386 Does Bidder have any pending lawsuits with or against the City of Miami, any of its agencies and/or instrumentalities? (Yes or No) If Yes, please list. No Does Bidder have any record of criminal activities? (Yes or No) If Yes, please list. No Has Bidder declared bankruptcy within the past seven (7) years? (Yes or No) If Yes, when? No Does Bidder have any prior or pending litigation, either civil or criminal, involving a governmental agency, or which may affect the performance of the services to be rendered herein, in which the Bidder, any of its employees, or subcontractors is or has been involved in within the last five (5) years? (Yes or No) If Yes, please list. No 5/18/2023 11:47 AM p. 9 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 Table of Contents Terms and Conditions 1. General Conditions 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 2. Special Conditions 2.1. PURPOSE 2.2. PRE -BID CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. NON -APPROPRIATION OF FUNDS 2.6. METHOD OF AWARD 2.7. CONDITIONS FOR RENEWAL 2.8. BIDDER'S MINIMUM QUALIFICATIONS 2.9. STRUCTURE OF POOL OF VENDORS 2.10. SPOT MARKET PRICING PROCEDURE 2.11. FAILURE TO PERFORM 2.12. INSURANCE REQUIREMENTS 2.13. CURES 2.14. SUBMISSION AND RECEIPT OF BIDS 2.15. CITY OF MIAMI LIVING WAGE ORDINANCE 2.16. LOCAL OFFICE PREFERENCE 2.17. TIE BIDS 2.18. APPROVED EQUAL PRODUCT 2.19. PROJECT MANAGER(S) 2.20. DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY 2.21. DELIVERY 2.22. WORKMANSHIP AND MATERIALS 2.23. DISCONTINUATION OF EQUIPMENT 2.24. PARTS/PERSONNEL 2.25. WARRANTY 2.26. WARRANTY BY MANUFACTURER 2.27. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS 2.28. EMERGENCY SERVICE/CONTACT 2.29. DELAYS 2.30. FORCE MAJEURE 2.31. COMPLETED DELIVERY 2.32. ACCEPTANCE OF PARTS/ITEMS 2.33. DOCUMENTATION 2.34. METHOD OF PAYMENT 2.35. ADDITION/DELETION OF PRODUCTS/BRANDS/MODELS/ITEMS/SERVICES/SUPPLIERS 2.36. LIQUIDATED DAMAGES 2.37. TERMINATION 5/18/2023 11:47 AM p. 10 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 2.38. ADDITIONAL TERMS AND CONDITIONS 2.39. PUBLIC ENTITY CRIMES 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK 5/18/2023 11:47 AM p. 11 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 IMPORTANT NOTICE TO BIDDERS • FAILURE TO COMPLETE, SIGN, AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATION SECTION WILL RENDER YOUR BID NON -RESPONSIVE. • ALL UPLOADS SHALL BE IN THE 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 THE VENDOR SUPPORT TOLL -FREE NUMBER AT 800-990-9339, OR GO TO SUPPORT.BIDSYNC.COM, OR VIA EMAIL AT SUPPORT@BIDSYNC.COM. 5/18/2023 11:47 AM p. 12 City of Miami Solicitation IFB 1659386 Terms and Conditions 1. General Conditions Invitation for Bid (IFB) 1659386 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 1. GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) - References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-73 of the City Code. References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code. Intent: The General Terms and Conditions described herein apply to the acquisition of goods/ services with an estimated aggregate cost of $25,000.00 or more. Definition: A Formal Solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami (City) Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall remain the property of the Bidder until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order. 1.3. ACCEPTANCE/REJECTION - The City reserves the right to accept, reject any or all, or portion of responses after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not an all- inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the Formal Solicitation. 1.4. ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries from prospective Bidders will be provided in the form of an Addendum. Addenda are attached in the Document Section of BidSync. 1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the City. 5/18/2023 11:47 AM p. 13 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the City's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees through and including, appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and retain any and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City. The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorporated by reference herein. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi - governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi-govemmental entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Bidder/Contractor. 1.10. AWARD OF CONTRACT - A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contract, unless modified in accordance with any ensuing Contract, or amendment. B. The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of Procurement or designee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this Contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Specifications/Scope of Work. Bidder may be found non -responsive if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder is found non -responsive, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or may 5/18/2023 11:47 AM p. 14 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 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. 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 (HARDCOPY FORMAT) - All required forms in the Formal Solicitation should be completed, signed, and submitted accordingly through the BidSync Electronic Portal. 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 5/18/2023 11:47 AM p. 15 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 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 a specification are descriptive, not restrictive or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the proposed brand is other than specified by the City. Such samples are to be furnished after Formal Solicitation opening/closing, upon request of the City. If samples are requested by the City, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation, before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditures that the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful Bidder/Contractor. If Successful Bidder/Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder, any subcontractor, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction, or other legal or equitable proceedings, or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION - Bidder, by submitting a response, certifies that its response is made without previous understanding, agreement, or connection either with any person, firm, or corporation submitting a Bid for the same goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies that its response is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred, and the City reserves the right to reject any and all Bids where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor understands that contracts between private entities and local governments are subject to certain laws, codes, and regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes, 5/18/2023 11:47 AM p. 16 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 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. 11 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. G National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. It National Forest Products Association (NFPA), as applicable to this Formal Solicitation. 1 City Procurement Ordinance, City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. 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. 5/18/2023 11:47 AM p. 17 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 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 clerksgmiamigov.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 onthe part of the Bidder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in Bidder's firm. A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or others. Bidder may not disclose or use information not available to members of the general public and gained by 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. 5/18/2023 11:47 AM p. 18 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 C. A violation of this section may subject the Bidder to immediate termination of any contract with the City, and imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this Formal Solicitation, and Bidders agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER - All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith shall be borne by the Bidder. 1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of not fewer than three (3) years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of City Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar/suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission. B. Causes for debarment/suspension. Causes for debarment or suspension include the following: 1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. 2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. 3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. 4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non - responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment/suspension. 5) Debarment/suspension of the Contractual Party by any federal, state or other governmental entity. 6) False certification pursuant to paragraph C below. 7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation 5/18/2023 11:47 AM p. 19 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 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 party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a public entity; may not submit a Response to a solicitation with a public entity for the construction or repair of a public building or public work; may not submit response on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 1.27. DEFAULT/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. 5/18/2023 11:47 AM p. 20 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 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. 1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. 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, inmaking the award. 3) The City may require the Bidder(s) to provide documentation that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts, off the original prices quoted in the Response, will be accepted from Successful Bidder/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to Successful Bidder/Contractor will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department. Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (Contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. 5/18/2023 11:47 AM p. 21 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 A. Order of Precedence. Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (if applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any, made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the City and Successful Bidder/Contractor. 1.33. ESTIMATED QUANTITIES - Estimated quantities or dollars are provided for the Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government, quasi -government or non-profit entities utilizing this Contract. No guarantee is expressed or implied as to quantities that will be purchased during the Contract period. The City is not obligated to place an order for any given amount subsequent to the award of the Contract. Said estimates may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES - A. Rejection of Bids. The City may reject a Bid for any of the following reasons: 1) Bidder fails to acknowledge receipt of addenda; 2) Bidder misstates or conceals any material fact in the Bid; 3) Bid does not conform to the requirements of the Formal Solicitation; 4) Bid requires a conditional award that conflicts with the method of award; 5) Bid does not include required samples, certificates, licenses; and, 6) Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re - advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City. 5/18/2023 11:47 AM p. 22 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 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. 1.36. Freight on Board (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid. 1.37. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance, or resulting purchase orders, or Bid Contracts. 1.38. 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 1st. It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves the right to request, and the Successful Bidder/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination. B. 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 5/18/2023 11:47 AM p. 23 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 Attachment A. Please see provisions in Attachment A. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action 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. 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. 5/18/2023 11:47 AM p. 24 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 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 attomey's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this Contract. The Successful Bidder/Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder/Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder/Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder/Contractor. 1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in 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 5/18/2023 11:47 AM p. 25 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-101) City Code, as same may be amended or supplemented, from time to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45. INSPECTION OF BID - Bids received by the City, pursuant to a Formal Solicitation, will not be made available until such time as the City provides notice of a decision, or intended decision, or within 30 days after bid closing, whichever is earlier. Bid results will be tabulated and may be furnished upon request, via fax or e-mail, to the City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's website following a recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder/Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Successful Bidder/Contractor fails to submit the required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days after receipt of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1384. The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and extensions that may be exercised by the City. 1.47. INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order number and description of goods and/or services delivered (i.e., quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non -local Bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award shall be made to the local Bidder." 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 5/18/2023 11:47 AM p. 26 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 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 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 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 (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Successful Bidder shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Successful Bidder 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 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 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. 5/18/2023 11:47 AM p. 27 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 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 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. 5/18/2023 11:47 AM p. 28 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any extent be held invalid, then the remainder of the Bid Contract or, the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law and be in a form acceptable to the City of Miami Risk Management Director. 1.62. PREPARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print type or manually enter 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 Bid or the Bid may be rejected. F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion. G. The City 's Bid Forms shall be used when Bidder is submitting its Bid. Use of any other forms will result in the rejection of the Bid. 1.63. PRICE ADJUSTMENTS - Any price decrease effectuated during the Bid Contract period, either by reason of market change, or on the part of the Successful Bidder/Contractor to other customers shall be passed on to the City. 1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Bid Contract, the Successful Bidder/Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery, and that the new product meets or exceeds all quality requirements. 5/18/2023 11:47 AM p. 29 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 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. 5/18/2023 11:47 AM p. 30 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 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. 5/18/2023 11:47 AM p. 31 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 1.73. REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid award shall be cancelled and all bids rejected by the City Commission, the City Manager, or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74. RESOLUTION OF CONTRACT DISPUTES (SECTION 18-105): A. Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall have the authority to resolve disputes between the Successful Bidder/Contractor and the City which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. B. Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report 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 of solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. (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 5/18/2023 11:47 AM p. 32 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 for award of contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the bidder of the notice of the city's determination of non - responsiveness or non -responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer. c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days after the date the notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day, which is neither a Saturday, Sunday nor 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 5/18/2023 11:47 AM p. 33 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing 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 fmal order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. 5/18/2023 11:47 AM p. 34 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 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 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. (1)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. 5/18/2023 11:47 AM p. 35 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 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 time stamped through BidSync, prior to the Bid submittal deadline, shall be accepted as a timely submittal and 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 borne by the Bidder(s). Accordingly, Bidder(s): 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via BidSync. The use of any other forms and/or the modification of City forms will result in the rejection of the Bidder's Bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply with these requirements may cause the Bid to be rejected. 5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE BID NON -RESPONSIVE. 6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation. 1.81. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders should be aware that all materials and supplies that are purchased by the Bidder for the completion of the Bid Contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended, and all amendments thereto, and shall be paid solely by the Bidder. 5/18/2023 11:47 AM p. 36 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 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. 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 5/18/2023 11:47 AM p. 37 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 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. 5/18/2023 11:47 AM p. 38 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a pre -qualification pool ("Pool"), for the provision of cast iron manhole covers, tops, and various tree grates, on an as needed basis, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2. PRE -BID CONFERENCE A Virtual Voluntary pre -bid conference will be held on Friday, May 5, 2023 at 10:00 A.M. via Teams Click here to join the meeting or via phone, +1 786-598-2961, ID: 271 603 056#. 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, which 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. 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the BidSync Electronic Portal. All questions must be received no later than Friday, May 12, 2023 at 5:00 P.M. All responses to questions will be sent to all prospective Bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for four (4) years with the option to renew for three (3) additional one (1) 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. 2.5. 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 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). 2.6. METHOD OF AWARD Award of this Contract will be made to all responsive and responsible Bidders who meet the minimum requirements set forth in this solicitation. Awarded Bidders will be placed in a pre -qualified pool of vendors list. The list will be utilized by the City to obtain spot market quotations to procure cast iron manhole covers, tops and tree grates on an as needed basis. 2.7. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: Continued satisfactory performance compliance with the specifications, terms and conditions established herein. 5/18/2023 11:47 AM p. 39 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 (1) Availability of funds 2.8. BIDDER'S MINIMUM QUALIFICATIONS Bids will only be considered from firms that are regularly engaged in the business of providing goods and services as specified herein. The Bidder(s) shall: 1. Submit signed Certification Statement and Certifications Section; 2. Have been providing services for a minimum of three (3) consecutive years with the same Federal Employee Identification Number (FEIN); 3. Not have any member, officer, or stockholder that is in arrears, or in default or 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; 4. Have no record of pending lawsuits or criminal activities, and have not declared bankruptcy within the last three (3) years; and 5. Not have any conflicts of interest with the City. Notes: 1. Copies of signed Certification Statement, Certifications Section for your firm, shall be submitted with your bid submittal; and 2. Failure to submit the signed Certification Statement and Certifications Section, for your firm with your bid submittal, shall render your bid non -responsive. 2.9. STRUCTURE OF POOL OF VENDORS It is the City's intention to create a Pool of Pre -Qualified Bidders to be available to provide requested goods in this Solicitation on an as needed basis. The Pool will have as many members as the City deems appropriate. The City may periodically add members and categories. The addition of new members and/or categories will be done through a competitive process using the minimum qualification requirements established in this Solicitation, as described in Section 2.8, Bidder's Minimum Qualifications. At the City's discretion, members may be terminated from the Pool for lack of participation, which shall include failure over a reasonable time to bid on Spot Market Quote Requests (Quotes) offered through the Pool, poor performance in executing a quote, being in arrears in obligations to the City, and any other reason specified by City policies and/or procedures. Pre -Qualified Bidders shall maintain the qualifications of the firm and proposed personnel at a standard consistent and equivalent to the qualification submissions submitted in response to this IFB. 2.10. SPOT MARKET PRICING PROCEDURE Pre -Qualified Bidders will participate in subsequent spot market quotations as required by the City, on anas needed basis. Spot market pricing procedures may be initiated either by the user department or the Department of Procurement (Procurement). In general, written spot market quotes will be gathered from all vetted Pre -Qualified Bidders on an as needed basis. Spot market quotations will include specifications and any terms and conditions specific for the product requested. All Bidders that submit a spot market quote must abide by the deadlines stated in the quote request. The City reserves the right to verify the information submitted by the Bidders and to obtain and evaluate additional information, as it is deemed necessary, to ascertain the Bidders' conformance to the minimum requirements. 5/18/2023 11:47 AM p. 40 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 2.11. FAILURE TO PERFORM Should the Pre -Qualified Bidder(s) fail to perform in full accordance, at any time, with the specifications as cited in this IFB, the Pre -Qualified Bidder(s) may be determined to be in default of the Contract. Pre -Qualified Bidder(s) shall be required to have sufficient equipment, supplies, and materials, at all times shall be grounds for default. At no time shall the Pre -Qualified Bidder(s) be pair for any day that the Pre -Qualified Bidder(s)'s personnel fail to show up at a facility or fail to perform in full accordance with the specifications and to the satisfaction of the Project Manager, or designee. Should this occur, the City will deduct liquidated damages as indicated under said provision. Should the Pre - Qualified Bidder(s) fail to perform in accordance with the Contract as determined solely by the City, the City shall make the determination to deem the Pre -Qualified Bidder(s) in default. The City shall be the sole judge of non- performance, failure to perform, and default of Contract. The date of termination shall be stated in a written notice. Should it not be possible to reach the Pre -Qualified Bidder(s) or Pre -Qualified Bidder(s)'s supervisor and/or should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to deem the Pre -Qualified Bidder(s) in default of the Contract or make appropriate reductions in the Contract payment. 2.12. 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 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)'s actions. In reviewing, approving or rejecting any submissions by the Successful Bidder 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. 5/18/2023 11:47 AM p. 41 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 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). Please see Insurance Addendum for insurance definitions, requirements, and conditions. The Successful Bidder(s) shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) 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 and Completed Operations: $1,000,000 Personal and Advertising Injury: $1,000,000 B. Endorsements Required: City of Miami included as an Additional insured Contingent and Contractual Liability Primary Insurance Clause (2) Business Automobile Liability: A. Limits of Liability Bodily injury and property damage liability Combined single limits. Any Auto Including Hired, Borrowed, or Non -Owned Autos — Any One Accident $1,000,000 B. Endorsements Required: City of Miami included as an Additional Insured (3) Worker's Compensation Limits of Liability Statutory -State of Florida 5/18/2023 11:47 AM p. 42 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 Employer's Liability A. Limits of Liability $500,000 for bodily injury caused by an accident, each accident $500,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit (4) Umbrella Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami listed as additional insured. Coverage is excess over the general liability and auto policies. 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 Successful Bidder(s). 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. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Bidder(s) of their 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 Successful Bidder(s) 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: (4) 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. (5) The City may, at its sole discretion, terminate this Contract for cause and seek re -procurement damages from the Successful Bidder(s) in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder(s) 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 Successful Bidder(s). 2.13. CURES Please refer to Section 1.56 Notice Regarding "Cures" of the General Terms and Conditions of this solicitation. 5/18/2023 11:47 AM p. 43 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 2.14. SUBMISSION AND RECEIPT OF BIDS Please refer to Section 1.80, Submission and Receipt of Bids of the General Terms and Conditions of this solicitation. 2.15. 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, of 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 provision in Attachment A. If a solicitation requires services, effective on January 1, 2017, the Successful Bidder(s) must pay to all their 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 per 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. 2.16. LOCAL OFFICE PREFERENCE Bidders wishing to apply for the local office preference shall comply with the General Terms and Conditions, Section 1.48 Local Preference of this solicitation and with Section 18-73 of the City of Miami Procurement Code, titled "Definitions", and shall submit with the Bid at the time of the Bid due date the following: • Completion and submission of the attached City of Miami Local Office Certification Form; • Submission of a copy of the Proposer's lease documents at the location being deemed a City of Miami Local Office; • Submission of a City of Miami Business Tax Receipt; • Submission of a Miami Dade County Business Tax Receipt; and • Submission of a copy of the license, certificate of competency, and certificate of use that authorizes the performance of the Proposer/Bidder. 2.17. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug - free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 5/18/2023 11:47 AM p. 44 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.18. APPROVED EQUAL PRODUCT Manufacturer's name, brand name and model/style number when uses in these specifications are for the sole purpose of establishing minimum requirements of levels of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's brands of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, Bid must be accompanied by complete factory information sheets (specifications, brochures, etc.), and test results of unit bid as equal. Failure to do so at time of bid submittal shall deem your bid non -responsive. 2.19. PROJECT MANAGER(S) Upon award, Successful Bidder(s) shall report and work directly with Osvaldo Muniza2a, Public Works Supervisor, and Jorge Mirandez, Public Works, Aesthetics Division, or designee, who shall be designated the Project Manager(s) for the City of Miami. 220. DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY The Successful Bidder shall enclose a complete delivery ticket with any items to be delivered in conjunction with this Bid solicitation. The delivery ticket shall be attached to the unit(s) and shall be made available to the Project Manager(s) or designee during delivery. The delivery ticket shall include, but not limited to the following information: purchase order number, date of order, a complete listing of items being delivered, and back -order quantities and estimated delivery of back orders, if applicable. 221. DELIVERY Successful Bidder shall make delivery of any items ordered within fifteen (15) business days after receipt of purchase order. 2.22. WORKMANSHIP AND MATERIALS All parts furnished and materials used in performance of this Contract shall be new and unused (of current design or manufacture). Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of the highest quality and shall conform to all applicable Building Codes, so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship 2.23. DISCONTINUATION OF EQUIPMENT In the event items requested are discontinued by the manufacturer, the Successful Bidder(s) shall substitute an approved equivalent replacement item from the same manufacturer at equal or lower pricing. The Successful Bidder(s) shall advise the City of any anticipated discontinuation. Proposed replacement equipment must be submitted for review and approval prior to completion of any substitution. 5/18/2023 11:47 AM p. 45 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 2.24. PARTS/PERSONNEL The Successful Bidder(s) shall be deemed to represent that it has, or will have upon the award of the Contract, all necessary parts and personnel required arising from the award of the Contract. All parts required herein shall be delivered by the Successful Bidder(s) and all personnel engaged in performing the services shall be qualified to perform such services. 2.25. WARRANTY The Successful Bidder(s) warrants to the City that all materials and equipment furnished under this Contract will be new, unless otherwise specified in writing, and that all of the work will be of good quality, free from faults and defects and in conformance with the Contract. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Project Manager(s) or designee, the Successful Bidder(s) shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract. 2/6. WARRANTY BY MANUFACTURER A copy of the manufacturer's standard warranty must be submitted at the time of submitting spot market pricing. 2/7. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The Successful Bidder hereby acknowledges and agrees that all materials/products, except where recycled content is specifically requested, supplied by the Successful Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to the City by the Successful Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the order and return such materials/products to the Successful Bidder to replace the materials/products at the Successful Bidder's expense. 2.28. EMERGENCY SERVICE/CONTACT The Successful Bidder(s) shall provide the City with evening, weekend, and holiday service, as necessary, to handle an emergency situation which threatens public health and safety, as determined by the City. The Successful Bidder(s) shall be immediately available via a twenty-four (24) hour, seven (7) day per week phone service. It is expected that non-scheduled requests for service (emergency call, etc.) shall be responded to within two (2) hours after the call is place to the service or directly to the Successful Bidder(s). The Successful Bidder(s) shall ensure that the Project Manager(s) or designee has the cell phone of all employees assigned, or who would be called to the facility, and the designated employee(s) shall be directed to respond to direct calls from the Project Manager(s) or designee. 2/9. DELAYS The Successful Bidder(s) shall notify the City of any actual or potential delays with shipping of items. 2.30. FORCE MAJEURE Successful Bidder(s) shall not be liable for any failure of or delay in the performance of this Contract for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to act of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. 5/18/2023 11:47 AM p. 46 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 231. COMPLETED DELIVERY The City shall be notified by the Successful Bidder(s) upon delivery. The City shall inspect and approve delivered items before authorizing payment. Parts not satisfactorily delivered shall be replaced by the Successful Bidder(s) at no additional charge to the City. 232. ACCEPTANCE OF PARTS/ITEMS Should any part/item not meet the expectations of the City's Project Manager(s)' or designee, the Successful Bidder(s) shall be required to correct the faulty parts/items at their expense in both time and material. 2.33. DOCUMENTATION The Successful Bidder(s) shall leave the Project Manager, or designee a copy of the service order and/or other applicable documentation of the visit. This documentation shall reflect, in detail, the work performed and recommendations, if any. In the case of unscheduled visits, the documentation of the same shall be left with the facility administrator, should the Project Manager, or designee not be available. 2.34. METHOD OF PAYMENT Payment will be made upon receipt and acceptance of a complete unit. No down or partial payments will be made. 235. ADDITION/DELETION OF PRODUCTS/BRANDS/MODELS/ITEMS/SERVICES/SUPPLIERS Although this Solicitation identifies specific products/brands/models/items/services/suppliers, it is hereby agreed and understood that any product/brands/models/item/service/supplier may be added/deleted to/from this Contract at the option of the City. When an additional product/brand/model/item/service to the Contract is required, the supplier shall be invited to submit price quotes for these new products/brands/models/items/services. If these prices are not competitive or not carried, the City maintains the right to add additional suppliers to the Contract to carry those items required. If these quotes are comparable with market prices offered for similar products/brand/models/items/services, they shall be added to the Contract, whichever is in the best interest of the City, and addendum and a separate purchase order shall be issued by the City. 2.36. LIQUIDATED DAMAGES Upon failure to perform, or to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated, the Successful Bidder(s) shall be subject to an assessment of liquidated damages in the amount of 1% of the unit price per calendar day per item will be deducted, as liquidated damages, for each day beyond the specified delivery time (not to exceed the total amount of the Contract), not a penalty, but as compensation for loss of the product's use during such time, 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). 237. TERMINATION A. FOR DEFAULT If Successful Bidder(s) defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon 5/18/2023 11:47 AM p. 47 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 written notice without penalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder(s) was not in default or (2) the Successful Bidder(s)'s failure to perform is without their or their 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 an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, for 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. 2.38. 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. 239. PUBLIC ENTITY CRIMES To be eligible for award of a contract, firms wishing to do business with the City must comply with Section 287.133(2)(a) of the Florida Statutes, which provides that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids 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 in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO, as defined by Section 287.017(2) of the Florida Statutes, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 5/18/2023 11:47 AM p. 48 City of Miami Solicitation IFB 1659386 Invitation for Bid (IFB) 1659386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The Successful Bidder(s) shall provide all materials, tools, equipment, for the replacement of iron cast manhole covers, tops, and tree grates, Citywide, on an as needed basis. Note: Refer to Attachments C — N located in the Documents Section of BidSync for specifications of manhole covers, tops and tree grates. Notes: In accordance with Section 2.8, Bidder's Minimum Qualifications, Bidders shall submit with their bid submittal the following: 1. Signed Certification Statement and Certification Section. Failure to submit signed Certification Statement and Certification Section, for your firm, shall render your bid non -responsive. 5/18/2023 11:47 AM p. 49 City of Miami Solicitation IFB 1659386 ATTACHMENT A CITY OF MIAMI LIVING WAGE ORDINANCE ARTICLE X. - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES[9] Footnotes: --- (9) --- Nee— 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 5/18/2023 11:47 AM p. 50 City of Miami Solicitation IFB 1659386 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. 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, for the 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 consider whether 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 (3) 5/18/2023 11:47 AM p. 51 City of Miami Solicitation IFB 1659386 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, § 2, 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 5/18/2023 11:47 AM p. 52 City of Miami Solicitation IFB 1659386 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 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. 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. (3) (g) Page 4 5/18/2023 11:47 AM p. 53 City of Miami Solicitation IFB 1659386 (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 5/18/2023 11:47 AM p. 54 Attrarh me nt r 30" [762.00mm] 10 0. kkk ° • 1 1/2" [38.10mm] see note 60" [1524.00mm] City of Miami zzz 08111 a 1/2" [12.70mm] 1 1/4" 1/2" x 1" X1/4" THICK GRINDING PADS FOR 1" RIBS [31.75mm] LEVELING - TYP. 4 OR MORE PLACES TREE OPENING 18" Solicitation IFB 1659386. 6015 ` OLYMPIAN TREE GRATE 60"Round tree grate in two sections. Two lightwells with bolted covers as shown. 1/4 Maximum slot opening for pedestrian safety and A.D.A Compliance. For pedestrian loads only. Cast from 100% recycled Iron, Tree opening: 16" Grates can be ordered with or later expanded to 26",36" openings. Please specify when ordering. Finish: Black Powder coat Use frame model: 6001F Weight: Iron= 357 lb/ 163 Kg �/18/2023 11:47 AM p.55' 36" [914.40mm] j City of Miami 111181016111 o 0 0 O� %AA see note .- 72" [1828.83mm] 1 1/2" 1/2" x 1" x 1/4" THICK GRINDING PADS FOR [38.10mm] LEVELING - TYP. 4 OR MORE PLACES 1" RIBS 1/2" [12.70mm] Tree Opening: 18"TO 1 1/4" r [31.75mm] Solicitation IFB 1659386. 7202 ` OLYMPIAN TREE GRATE 72" x 72" tree grate in two sections. 1/4 Maximum slot opening for pedestrian safety and A.D.A Compliance. For pedestrian loads only. Cast from 100% recycled gray Iron, Aluminum, or Cast C854 Copper Alloy. Tree opening: 15 SETS WITH 16" TO 2 SETS WITH 36" TO. Finish: Black Powder coat Use frame model: 7200F Weight: Iron= 6401b/ 291 Kg ./18/2023 11:47 AM Attachment D ofMiarni Solicitation IFB 1659386 36" [914,40m I 112" [38.10mm 72- 828.83mml 1/2' x 1" x 1/4" TRICK GRINDING PADS FOR LEVELING - TYP. 4 OR MORE PLACES B,s 1/2" [12.70rnm] p1.75mmi This drativing embodies a confidential proprietary design of IRONSMITH,FWG. Palm DeserLea. Alt design, manufactuing ,reproduction ,use, sale, other rights regarding the same are expressly reserved. This d.rawing is submitted under oorifidential relationship for a specific purpose and thm recipient agrees by accepfing this drawing not to supply or disclose any inforrnation regarding it to any unauthorized person or to incorporate any (.... peat feature peculiar to this des4gn in other proiects. The information in this drawing ray be covered completely or Pa part by portents pending. 7202 OLYMPIAN TREE GRATE 72x 72' tree grate in two sections. 1/4 Maximum slot opening for pedestrian safety and A,D.A Compliance, Cast from 100% recyded Iron, Aluminum,or Bronze fo pedesblan toads only. Tree opening: 167,26",36" Grates can be ardent with or later expanded to these openings. please 'specify when ordering. Finish: unfinished or Biack dip or Enamel paint or Polyurethane Paint or Powder coat Specify finish and color Use frame model: 7200F Weight: Iron= 6401b/ 291 Kg AlUminum=234 lb/106 Kg 41-701 Corporate Way Palm Desert, CA 92260 .338.4766 5/18/2023 11:47 AM 57 5/18/2 Attachment E TREE GRATE FRAME M7200F WITH STANDARD CONCRETE ANCHORS FRAME JIG WELDED FROM 44.45 MM X 44.45 MM X 635 MM (1.3/4" x1-3/4' x 1/4' ) STEEL ANGLE PER ASTM A36 ANCHORS 12.7 MM (1/2') NELSON ANCHORS MACHINE WELDED TO FRAME FRAMES HOT DIPPED GALVANIZED EXISTING SIDEWA PREFORMED ELASTOMERIC EXPA652W A71NT AS PER STANDARD 305 LIGHT BROOK FINISH 44.45 MM X 44.45 NM X 6.35 MN STEEL ANGLE (1-3/4' X 1-3/4' X"/4 IRON GRATE 50.8 NM HHIEVEEHEEMEall NM (9 3/4'J 17.7 MN (.5'1 EXPANSION 131 REFEREANCE POINT (SEE HARDSCAPE PLANS) TOOLED CONTROL .HINTS (TTP.) TE EDGE WITH CLASS 1 AS PER SPEC. 347 A SECTION THROUGH CONCRETE EDGE SECTION ra„ „r n/I, 2235.2 Mu (88') 2260.6 NM (89") 1847.85 NM +- 3.175 (72-3/4' +- 1/87 1) Il d SAW CUT EXISTING Si NOTE: I. ONCE THE CONTRACTOR HAS CUT AND REMOVED THE CONCRETE SIDEWALK OPENING, BEFORE THE FRAME OR ITS CONCRETE EDGE 15 INSTALLED, THE CONTRACTOR SHALL DC DOWN 9/4MM (36'1 TO VAR/FY MO UTILITIES WILL BE IN CONFLICT WITH THE FUTURE TREE PLANTING. 2. CONTRACTOR SHALL TAKE CARE TO PROTECT EXISTING SIDEWALK FROM CONCRETE OVERSPILL WHILE POURING CAST IN PLACE CONCRETE EDGE. CONTRACTOR IS TO LEAVE SIDEWALK CLEAN AND NEAT AND EDGES SHARP. IRON TREE GRATE FRAME INSTALLATION DETAIL NOTE: THIS TREE GRATE 15 TO BE USED BETWEEN. STATION 32400.00 AND STATION 43+00 REFERENCE POINT (SEE HAROSCAPE PLANS) BACK OF SIDEWALK EDGE OF PAVEMENT TREE PLANTER DETAIL TREE GRATE #M7202 STYLE; OLYMPIAN AS MANUFACTURED BY IRONSMITH, OR APPROVED EQUAL frAff4 /e//, 8.8 • If(���l��lillll�rr17• e( vAR1ES eGet-���������� SEE SEWN 1/2 SLOT WIDTH IS 1/4" MAXIMUM, MEETS ADA COMPLIANCE. GRATE CAST FROM GRAY IRON OR ALUMINUM TREE OPENING SIZE. 16" FOR OAK TREES, AND 36" FOR ROYAL PALMS STEEL ANGLE FRAME REQUIRED FOR INSTALLATION USE MODEL M7200F OUTER FRAME DIM. IS 3/4" ± 1/6" - GREATER THAN GRATE.. 1659386 REVISIONS DATE Br DESCRIPTION DATE DESCRIPTION 3 11.47 M Nary L. Mellon.R.[.A. Ab.: 900 J2J0 w. CO BN4. Sully Fort 973. 3- 23 33303 1 '4 954J 541 T!l-72JJ b JerM9en. Inc.. 0/0/0/ P858J STATE OF FLOR/DA DEPARTMENT OF TRANSPORTA770N ROAD NO. COUNTY FINANCIAL PROJECT ID 5 M IAMI-DADE 405641-2-52-01 HARDSCAPE DETAILS SHEET N0. W-I/ "(3/250L 3..1,9 AY l.V-1,J/0sVpot 6N1scoynewO56v25201V nascp e/00(4gn p. 58 Attachment F 12.7 MM (.5 /EXPANSIN JOINT SAW CUT EXISTING SIDEWALK CA57 IN PUCE 6' WIDE CONCRETE SUPPORT SHELF K OF SIDEWALI CAST IN PLACE IE EDGE DOLTS TO BE REMOVED FROM FRAME ON THIS EOGE ONLY MODIFIED C.I.P. CONCRETE TREE GRATE EDGE & FRAME DETAIL NOTE: TO BE USED WHEN TREE GRATE EDGE 15 AT THE BAG( OF SIDEWALK STEEL ANGLE FRAME 44.45 MW X 44.45 MM X 6.35 MW D-3/4' X I-3/4- WA') FINISH GRADE 6'x6-1/B'. CAST /N PLACE CONCRETE 5 *4 BAR - CONT. 2' CUNT. C vER 6' COMPACTED LIMEROCR BASE IRON TREE GRATE CONCRETE EDGE AND FRAME SECTION THROUGH CONCRETE SHELF & FRAME y(' RADIUS IRON GRATE STEEL ANGIE FRAME 44.45 MW X 44.45 MM X 6.35 MM (1-3/4' X 1-3/4' MAA% 12.7 MY (.5'I NELSON STUB WELDED TO FRAME 11 III CONCRETE EDGER WITH CLASS / CONCRETE AS PER SPEC 1 347 203.2 MW (8'1 50.8 MN (2.1 EL FRAME REFEREANCE POINT (SEE HARDSCAPE PLANS) TOOLED CONTROL JOINTS (TTP.) 7TP. HAND TROWEL FINISH W/ CLEAR SEALANT/ CURING COMPOUND Kr RADIUS NG 5KIEWAIX PREFORMED ELA57DMERC £XPANS.8N JOINT A5 PER STANDARD SPECIFICT,ONS SECTIONS 522 3 93E - 2 EA. CONT. 7. COVER 6' COMPACTED LIMERCCK EASE TREE GRATE ANGLE FRAME M7200F WITH STANDARD CONCRETE ANCHORS FRAME JIG WELDED FROM 44.45 MM X 44.45 MM X 8.35 MM (1-3/4' x 1.3/4' x 114' ) STEEL ANGLE PERASTM A36 EDGE OF PAVEMENT ANCHORS 12.7 MM (1171NELSON ANCHORS MACHINE WELDED TO FRAME FRAMES HOT DIPPED GALVANIZED BALK OF CURB 12.7 MM (.5'1 EXPANSION JOINT CAST IN PLACE CONCRETE EDGE 2235.2 AIM r885 M (89') T T EXISTING TREE PLANTER DETAIL 54455 r..n IFB 165.9386 REFERENCE POINT (SEE HARDSCAPE PLANS) TREE GRATE #M7202 STYLE: OLYMPIAN AS MANUFACTURED BY IRONSMITH, OR APPROVED EQUAL .8 00 W. to�1���VS���/71r�� s vrwlEs „ SE Fes— i . p• T 4015: y.Is xu oI-,.,', I. ONCE 7H£ CONTRACTOR HAS CUT AND REMOVED THE CONCRETE SIDEWALK OPENING, BEFORE THE FRAME OR ITS CONCRETE EDGE 15 NSTALLED, THE CONTRACTOR SHALL DIG DOWN 9/4MM (36'1 TO VARIFY NO UTILITIES WILL BE IN CONFLICT WITH THE FUTURE TREE PLANTING. Z. CONTRACTOR SHALL TAKE CARE TO PROTECT EXISTING 51DEWALX FROM CONCRETE OVERSPILL WHILE PCGR(NG CAST IN PLACE CONCRETE EDGE. CONTRACTOR 15 TO LEAVE SIDEWALK CLEAN AND NEAT AND EDGES SHARP. SECTION THROUGH CONCRETE EDGE & FRAME STANDARD C.I.P. CONCRETE TREE GRATE EDGE & FRAME DETAIL NOTE: IRON TREE GRATE IS TO BE USED BETWEEN STATION 32+00.07 AND STATION 43100.00. SLOT WIDTH IS 114' MAXIMUM, MEETS ADA COMPLIANCE. GRATE IS TO BE NATURAL UNFINISHED CAST GRAY IRON TREE OPENING SIZE. 16" FOR OAK TREES, AND 36' FOR ROYAL PALMS STEEL ANGLE FRAME REQUIRED FOR INSTALLATION USE MODEL M7200F OUTER FRAME DIM. IS 3/4' i 1A8' GREATER THAN GRATE.. REVISIONS DATE Lb' DESCRIPTION DATE DESCRIPTION Cer4Y ANNNr1. Poor OwnSdvd & JSrnlgon. Inc., 4/&/e/ P85!1 Harry L. 8eton. L.A. R.L.A. AM.: 900 W. C r5M Blvd. Soho 4O Forr L,Mer4Ne. FL 53309 P2.591 733-1233 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO. COUNTY FINANCIAL PROJECT ID 5 M/AMl-BADE 250 4 Of HARDSCAPE DETAILS SHEET N0. LD-14 5/18/2023 11:47 AM 03 p. 59 5/18/20 EDGE OF PAVEMENT EDGE OF PAVEMENT 12.7 MY f.5") EXPANSION JOIN EXISTING SIDEWA TOOLED CONTROL JOINTS WHEN EDGE OF TREE GRATE FRAME 15 WITHIN 305MM O2'1 FROM BACK OF CURSOR BACK OF SIDEWALK, THE CONFIGURATION OF THE CAST IN PLACE CONCRETE EDGE SHALL BE MODIFIED AND EXTENDED TO THE BACK OF CURB AS SHOWN. CAST IN PLACE CONCRETE EDGE NOTE: 1. ONCE THE CONTRACTOR HAS CUT AND REMOVED THE CONCRETE SIDEWALK OPENING, BEFORE THE FRAME 0R ITS CONCRETE EDGE /5 INSTALLED, THE CONTRACTOR SHALL DIG DOWN 914MM (36'1 TO VARIFT N0 UTILITIES WILL BE IN CONFLICT WITH THE FUTURE TREE PLANTING. Ca, of wfia,,n 2. CONTRACTOR SHALL TAKE CARE TO PROTECT EXISTING SIDEWALK FROM CONCRETE OVERSPILL WHILE POURING CAST IN PLACE CONCRETE £L6E. CONTRACTOR 15 TO LEAVE SIDEWALK CLEAN AND NEAT AND EDGES SHARP. CONCRETE TREE GRATE FRAME INSTALLATION DETAIL R3.175 MM (.125'1 CONCRETE TREE GRATE MU 14.75°1 i+ 203.2 MN /8 LIGHT BROOM FINISH R3.175 MM 1.125'1 EXISTING SIDEWALK a a R3.175 MM f.125'I 0o v 9.5 MN (.375') REB WELDED TO FRAME 4 69.85 12.75'1 m 4 4 a a e '8 III III 273.05 MM 00.25.1 11 111 III III 1 III7 0C/110 d0.11Ai IYC 2.7 MM (.5'1 PREFORMED £LASTOMER/C EXPANSION JOINT AS PER STANDARD J05 CONCRETE EGDE WITH CLASS / CONCRETE AS PER SPEC. 347 SECTION THROUGH CONCRETE EDGE 36' TREE GRATE 22' TREE GRATE 16' TREE GRATE THERE ARE THREE MODELS OF CONCRETE TREE GRATES TO BE USED ON THIS PROJECT. THE IMAGES ABOVE DEPICT THE THREE YODELS. THESE MODELS ARE AS MANUFACTURED H7 CUSTOM DESIGN PRECAST, INC. AND ARE IDENTIFIED BY THE SIZE OF THE TREE OPENING. ALSO, EACH IMAGE HAS AN ARROW DESIGNATING THE ORIENTATION OF THE TREE GRATE. SEE HARDSCAPE PLAN FOR LOCATION AND ORIENTATION OF EACH MODEL. CONCRETE TREE GRATES NOTE: THIS TREE GRATE IS TO BE USED BETWEEN STATION 43+00.00 AND STATION 60+20.00. 659386 REVISIONS DATE DESCRIPTION DATE DESCRIPTION tarry L. 8eian. L.A. R.L.A. No.: 900 3230 W. Commerea/ BNd. SW* .tl0 Certificate of / Fort 1A11erdate. FL 33309 Aetrorl1aMon No. 2i t95e1 733-7233 Pail 6100 Saede & Jernigan. Inc.. d/a/a/ P85&J STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO. COUNTY FINANCIAL PROJECT ID 5 M/AMI-DADE 405641-2-52-01 HARDSCAPE DETAILS SHEET N0. LD-10 23 i 14/ .vn 200 UNDER RULE S1010-N.00, 112 6 7/13/2007 3.19.53 PO I.-Oto)ectsVdat d.et 6Y.iscgnew0504/06201vwdscpv;e 712 3.dan p. 60 l,Ry-137 Ivilami PLANT LIST Symb. Botanical Nomenclature Common Name Installed Size Pay Size Max. Maintained Size Spacing Remarks TREES AND PALMS BA Bainesie arborea Verawood 3.66m (12') O.A.H., 1.52m (5) CT. MIN., 5,08 cm (2") DBH Large Natural Size As Shown 8&B, Plant as shown, Full 8S Bursars simarube i Gumbo Limbo 4.BSm (i6) O.A.H.. 2.44m (8) CT. MIN., 7.62 cm(3")DBH Large Natural Size As Shown B&B, Plant as shown. Full CF Cassia fistula Golden Shower 3.66ar1 (12) O.A.H.. 1.52m (5) CT. MIN., 5.08 cm (2") DBH Large Natural Size As Shown 68,8, Plant as shown, Full CS Coddle sebestena Orange Geiger 3.05m (10'} O.A.H., 1.52m (5) CT. MIN., 5.08 cm(2")DBH large Natural Size As Shown B&8, Plant as shown, Full DR Deknix r a egi Royal Poinciana 4.88m (16') O.AH., 2.44m (8) CT. MIN.. 7.62 cm(39 DBH Large Natural Size As Shown B&8, Plant as shown, Full DR2 Delon/ x regia Royal Poinciana 4.88m (161O.A.H.,762cm 2.4i3") D BH4m (8) CT. MIN., Large Natural Size As Shown 886, plant as shown, Full KE Koetreuteria a ens Golden Rain Tree 4.88m (16) O.AH., 2.44m (8) CT. MIN.. 7.82 cm (3"} DBH Large Natural Size As Shown B&B, PIsnt as shown, Full LS Lagerstroemia speciosa Queen Crepe Myrtle 3.6{72) OA.H., 5.08 cm (2"J DBH, 2 2.4444 m (81 C.T., SINGLE TRUNK Large Natural Size As Shown 8&B, Plant as shown, Full PE Ptychosperma elegens Alexander Palm 4.27m (14) O.A.H. Single Trunk Large Natural Size As Shown 8&8, Mart as shown, Full QV Querous virginiana Uve Oak 4.BBm (15') O.A.H., 2.44m (el) CT. MIN., 7.62 cm (31 DBH Large Natural Size As Shown B&B, Plant as shown. Full RE4 Roystonee elate Florida Royal Palm 1.22m (4) GREY WOOD Large Natural Size As Shown B&B, Plant as shown, Full RES Roystonea atata Florida Royal Palm 1.83m (6) GREY WOOD Large Natural Size As Shown B&B, Plant as shown, Full RE8 Roystonea elate Florida Royal Palm 2.44m (8') GREY WOOD Large Natural Size As Shown 8&B, Plant as shown, Full RE12 Roystonee elate Florida Royal Palm 3.66m (12) GREY WOOD Large Natural Size As Shown 8&B. Plant as shown. Full TH Tabebuia heterophyle Pink Trumpet Tree 3.66m (12'} O.A.H., 2.44m (8) CT. MIN.. 7.62 cm (3") DBH Large Natural Size As Shown B&B. Plant as shown, Full VM Ve/chia montgomenena Montgomery Palm 4.27m-4.88m (14-16) OA.H. TRIPLE TRUNK Large Natural Size ,As Shown B&B, Plant as shown, Full SHRUBS. VINES AND GROUNDCOVERS SSD Bougainvillea 'Dwarf Dwarf Bougainvillea 45.72cm (18') X 45.72cm (18") Small 50.80 cm (20") Ht. 60.96 Fort (24") no. 11 L (3 GAL) FMG Ficus microcarpa 'Green Island' Green Island Ficus 35.56cm (14) X 35.56cm (14") Small �'� Fill (2(r) Ht. � �cm (24") o.c. 11 L (3 GAL.) HLY Hymenoca/ys ladklie Spider Lily 40.64cm (16") X 40.64cm (16") Small Natural Size 60'96 cm (249 o.c. 11 L (3 GAL.) IPD lxora 'Petite Dwarf Red Taiwan Dwarf 30.48cm (12") X 30.48cm (12°) Small �'80 cm (201 Ht. 45'72 coil 081 o.c. 11 L (3 GAL) JVA Jasminum volubile Wax Jasmine 45.72cm (18') X 45.72cm (18") Small 80 coil (20°) Ht. 60'96 cm (24") o,c. 11 L (3 GAL.) RID Rephialepsis indica'Dwarf Indian Hawthorn 45.72cm (18') X 45.72cm (18"). Srnas 50 '80 cm (201 Ht. 60'96 cm (24") o.c. 11 L (3 GAL.) TFR Tripsocum florldenum Florida Gamma Grass 40.64cm (16') X 40.64cm (16') Small 50 's coil (20') Ht. �'� rm (24") o.o. 11 L (3 GAL.) TVU Tulbeghie violacea Society Garlic 30.48cm (12) X 30.48cm (12') Small Natural Size 48 cm (121 P.L. 3.7 L (1 GAL) SPACING VAR/ES ACCORDING TO PLANT LIST SPECIFICATIONS DATE AS SP PACE ECIFIPLANTED{ og.8400, .° al MULCH 7.5cm f3'1 DEEP (SEE SPECS.) BACKFILL MIX AS SPECIFIED EXISTING SOIL SHRUB/ GROUNDCOVER SPACING DETAIL REVISIONS 44.45mar )- 63.5nm /Ej'/- 88.9oo (34'. ) 5/18/2023 11:4/ AM' DESCRIPTION DATE DESCRIPTION GRATE 6.35mm f1/9'1 THICK X 8aar /2') STEEL r.s SLOTTED 5./Inm /1/16'1 X 19.05nen f 3/4' FOR CONCRETE ANCHOR SHOP wELDED ro FRAME f TYP. 8 PLCS. PER FRAME 1 Min. of /2.7mn (6'1 Prom Tram Tree Grate Eo,Yling Pavers 1066.8mn f 42' 1 Minimum Depth Of Wooden Slakes 'IIIf I I -I II 2x I I_ Tree Canopy Wooden Stakes And Wooden Cnus-Braces Rooleoll Tree Trunk Two wooden Cross-8rocea (M/Nn.an 50.6ean f2') X 2') Secured With Nails To Wooden Stokes reinimmr 5O.8nan f2'1 X 50.8mm 12')) At Edge Of Rooteell Set Wooden Cross-8rocea 50.8mm (2') AEWe Fin/shed Grade Parallel TO One Another Solt Ring For Water Collection Exialdng Sol( Existing soil eackfi?l Plenr'op P/1 2 Time, WitltIt Of Roalmll Tree Planting With Wooden Stokes TREE/PALM STAKING DETAIL 4' 1 X TREE GRATE °M6015 STYLE: OLYMPIAN to •1 I LIONS.. TM 4l•701 CORPORATE WAY, °3 PALM DESERT, CA 92260 1800) 338-4766 COLOR: URETHANE BLACK IIII��������(flff�ntTE t1,o\11110t ARIES-i lI 1524mn re0•r 3 LEYEUAG - TYP.4 OR MORE PLACES 25.MNn I -III -I 38.Imn flf' ,era //'1 RIDS;' 12..Taim 2 7 f I/2' 1 x 25. Min t l') x 6.35mm (I/4") TRICK GRINDING PADS ° i I (-I II _ - I JGRTWftt COVERS ARE BOLTED TO GRATE SLOT W/DTR 1$_d3Slus I_I I I - III I I -III -(I I -I (I MAXIMUM. MEETS ADA COMPUANCE. GRATE CAST FROM GR¢Y'/RDN ALUMINUM TREE OPENING SIZE. 906.4me /I6') OR 914.9xo,, (36k 1,Sr SECTION TREE GRATE FRAME ANGLE FRAME REQUIRED FOR INSTALLATION USE MODEL MEOW G. FOR RETROFIT APPUCAT/ONS IN SAW COT CONCRETE FRAME ON. t5 19.OSnn (3/4') ; 60OF P 31r5mm (I/8') OR EXISTING CURB PRAM£GBKBS 19.05mm 13/4'1 ; 6COIF P 3.175nm /i/8`;L STANDARD FRAME ORIENTATION )LEG UPI * REFER TD PLAN poi SIZE OPENING MODEL: AtsDawF TREE/PALM GRATE DETAIL COLOR: uR5THANE BLACK MILLER LEGG MOW &Vs law• sue LR• hold& lea Racily 1ffi4 1544164807 • Fir 951416404 • wr/.62e1wal Cm. d 4 : IDRelT • L.A. afloat ThomeR (Lm:U.C6:01132 STAIN OF FLORIDA DEPARTMENT LIP 7RANSPORTA7RTY ROAD N0. COUNTY FINANCIAL PROJECT /0 5 MIAMI -DADE 249835-5-52-0I LANDSCAPE DETAILS L0-05 59386 p. 61 City of Miami Solicitation IFB 1659386 5/18/2023 11:47 AM P. 62 Attachment J 3 3/16 1 022 3/4 /// COVED MACHINED SU PFACES 025 1/4 023 020 3/4 023 1/2 5/18/2023 11:47 AM 025 037 PING 2 City of Miami 2 Solicitation IFB 1659386 4—01" ANCHOP HOLES 032 1/2 (2) NON —PENETPATING PICK HOLES. U.S. FOUNND Y & v1FG. COMP. MEDLEY, FLORIDA DESCRIPTION: USF 310 Ping & GP Cover (GR cover uses A drag/bottom) UNLESS OTHERWISE NOTED WEIGHT IS IN POUNDS AND APPROXIMATED MATERIAL: Ring No: Cover No: ASTM—A48 GRAY IRON CLASS35B 8020001 WGHT: 365 SCALE: 1/8"=1" 8013361 165 Assembly No: REV: DATE: REV BY: DATE: 6-29-07 DWN BY. U LS p. 63 QUOTE# 3 3/16 1 022 3/4 /// COVED MACHINED SU PFACES 025 1/4 023 020 3/4 023 1/2 025 037 PING 5/18/2023 11:47 AM 2 City of Miami 2 Solicitation IFB 1659386 4—01" ANCHOP HOLES 032 1/2 (2) NON — PENETPATING PICK HOLES. U.S. FOUNND Y & v1FG. COMP. MEDLEY, FLORIDA DESCRIPTION: USF 310 Ping & GP Cover (GR cover uses A drag/bottom) UNLESS OTHERWISE NOTED WEIGHT IS IN POUNDS AND APPROXIMATED MATERIAL: ASTM—A48 GRAY IRON CLASS35B Ring No: 8020001 WGHT: 365 SCALE: 1/8»_1" Cover No: 8013361 1 6 5 Assembly No: REV: DATE: REV BY: DATE: 6-29-07 DWN BY. U LS p. 64 QUOTE# Attacment K City of Miami Solicitation IFB 1659386 44 3/4 (1) PENETRATING PICKHIOLE. 23 3/4 CZ—Vz ,,,,,,,,,,,, I,' , ,,, ,, ,, ,, '62.6 i_ 0 5/8 (3) 1" DIA. ANCHOR HOLES U.S. FOUNDRY & MFG. CORP. MEDLEY, FLORIDA DESCRIPTION USF 5170 FRAME 8c GS COVER MATERIAL: ASTM—A48 FRAME WEIGHT:325 UNLESS OTHERWISE NOTED WEIGHT IS IN DWN. BY: SCALE: ITEM No: DBB 1"=1' GRAY IRON CLASS: 3 5 B COVER WEIGHT: 80 POUNDS AND APPROXIMATED DWG DATE: 08-10-00 5/18/2023 11.47 AM REV: DATE: DESCRIPTION: REV BY: CHK. BY: DWG. No:Ls, REV: 65 BANDING BAR TYP. BEARING BAR 5/18/2023 11:47 AM 368 (36 z OVER RIVETS) +1/161 —1/81 11 31 6 11 6 3 4 (OVER RIVETS) 9 216 City of Miami 53 4 (OVER RIVETS) 37 C.O. 532- BEARING BARS X 6 F.B. DIA. RIVET @ 5 O.C. EVERY OTHER BAR BEARING BAR 49 C.O. Solicitation IFB 1659386 EVERY OTHER BAR BANDING BAR NOTE: 1—MATERIAL: STEEL, PAINTED TO FLA. DOT SPECIFICATIONS. 2—LOADING: DESIGNED FOR OFF STREET LOCATIONS WHICH MAY OCCASIONALLY RECEIVE H-20 WHEEL LOADS. 3—FLOW CAPACITY: 1510 SQ. IN. 4—WEIGHT: 389.62 LBS. TYPE 'D' DITCH BOTTOM INLET 4 09/25/20 ALJ ALJ PER ECN 20-056: REMOVED CURVED NOTCH INTERPRET DIMENSIONS AND TOLERANCES PER ASME Y14.5M 3 08/12/20 ALJ ALJ UPDATED PER ECN 20-056: CHANGED NOTCH TO BE 2 1/2" BREAK ALL SHARP CORNERS 2 02/11/20 PR PR WELDING WAS CHANGED TO MEET PEDESTRIAN STANDARDS & EDGES TO 0.01 1 02/2/16 C.S. C.S. ADJUSTED TOLERANCES, UPDATED TITLE BLOCK TOLERANCES UNLESS REV. DATE BY APP'D DESCRIPTION OTHERWISE SPECIFIED FRACTIONAL THIS DOCUMENT IS THE PROPERTY OF U.S.F. FABRICATION, INC AND CONTAINS PROPRIETARY INCHES = ± 1/16 INFORMATION. IT SHALL NOT BE MODIFIED, COPIED, FURNISHED NOR DISTRIBUTED 1/16 = ± 1/32 (IN WHOLE DR IN PART) WITHOUT PROPER AUTHORIZATION OF U.S.F. FABRICATION, INC. 1/32 = ± 1/64 U.S.F. FABRICATION INC. o� HIALEAH, FLORIDA ow N O � GRATE RVT 6626 H2O PTD - DWN. BY: SCALE: SHEET: DATE: ova ALJ 1=16 1 DF 1 7/31/15 CHK. BY: ALJ DWc# 1000001236 SHEET O 1764 BANDING BAR TYP. BEARING BAR +1/161 537 [1354.14mm] -1/81 (53 2 [1358.9mm] OVER RIVETS) EVERY OTHER BAR 40 3) [ 101 6.00] 31s+ 15 ANGLE 2 X 2 6 [50.8mm X 50.8mm X 6.35mm] FRAME [6.35mm] OVER RIVETS 29 1 6 [65.09mm] JBEARING BAR a X 5 F.B. [6.35mm X 127mm] 54 [1371.60mm] C.O. 1196 [39.69] [6.35mm] BEARING BAR City of Miami Solicitation IFB 1659386 12.70mm END BEARING BAR (NO HOLES) X 5 F.B. [6.35mm X 127mm] 16 X 1 q F.B. [4.76mm X 31.75mm] RETICULINE BAR [6.35mm] CUT END RETICULINE BAR WELD EACH PC. TO END BEARING BAR f 4 [6.35] EVERY OTHER BAR BANDING BAR 408 [ 1031.88mm] 2 [50.80] 1 4 [6.35mm] (TYP.) 30° 368 [917.58mm] C.O. [9.53mm] DIA. RIVETS @ 5" [127mm] 0.C. 14 [44.45mm] (NOTCH) 2 [57.15mm] (NOTCH) NOTES: 1. MATERIAL: STEEL PAINTED TO FLA. DOT SPECIFICATIONS 2. LOADING: DESIGNED FOR OFF STREET LOCATIONS WICH MAY OCCASIONALLY RECEIVE H-20 WHEEL LOADS 3. FLOW CAPACITY: 1 680 IN2. [37121 mm2]. 4. WEIGHT: 374 LBS. [172.73 kg.] FLA. D.O.T. INDEX 425-052 TYPE "E" DITCH BOTTOM INLET 4 08/10/20 ALJ A LJ UPDATED PER ECN 20-056: CHANGED NOTCH TO BE 2 1/2" 3 02/17/20 PR PR WELDING WAS CHANGED TO MEET PEDESTRIAN STANDARDS INTERPRET DIMENSIONS AND TOLERANCES PER ASME Y14.5M 2 10/3/19 C.S. C.S. INDEX 425-052 WAS INDEX 232 BREAK ALL SHARP CORNERS & EDGES TO 0.01 1 02/3/16 C.S. C.S. ADJUSTED TOLERANCES, UPDATED TITLE BLOCK REV. DATE BY APP'D DESCRIPTION 5 09/25/20 ALJ ALJ PER ECN 20-056: REMOVED CURVED NOTCH REV. TATR2 gxr AP'P'D DESCRIPTION THIS DOCUMENT IS THE PROPERTY OF U.S.F. FABRICATION, INC AND CONTAINS PROPRIETARY INFORMATION. IT SHALL NOT BE MODIFIED, COPIED, FURNISHED NOR DISTRIBUTED (IN WHOLE OR IN PART) WITHOUT PROPER AUTHORIZATION OF U.S.F. FABRICATION, INC. TOLERANCES UNLESS OTHERWISE SPECIFIED FRACTIONAL INCHES = ± 1/16 1/16 = ± 1/32 1/32 = ± 1/64 0 CD C' N GO L J CD GIC CD a— of U.S.F. FABRICATION INC. HIALEAH, FLORIDA GRATE RVT 6616 H2O PTD DWN. BY: DAV/ALJ CHK. BY: DAV/ALJ SCALE: " 1 =12" DWG.# SHEET: 1 of 1 1000001458 DATE: 7/27/15 SHEET SIZE: U REV:6 5 p. 5/18/2023 11:47 AM TYP>II\ EVERY OTHER BAR >3/16V 3 11/16 2 9/16� r- 38 11/16 (39 OVER RIVETS) PLAN VIEW u u u u u u u u u u FRONT VIEW City of Miami Solicitation IFB 1659386 3/16 X 1 1/4 CRIMP BARS 40 1/2 NOTES 1. MATL: STEEL A36, PAINTED TO FLA. DOT SPECIFICATIONS 2. DESIGNED FOR AASHTO H2O WHEEL LOADS WITH MAX DEFL OF 1/150 OF THE SPAN DESIGNED FOR OCCASIONAL TRAFFIC ONLY 3. APPROXIMATE WEIGHT: 297.69 lbs. 1/4 X 5 FB BEARING BARS 3/8 DIA. RIVETS @ 5 0.C. SIDE VIEW INTERPRET DIMENSIONS AND TOLERANCES PER ASME Y14.5M BREAK ALL SHARP CORNERS & EDGES TO 0.01 THIS DOCUMENT IS THE PROPERTY OF U.S.F. FABRICATION, INC AND CONTAINS PROPRIETARY INFORMATION. IT SHALL NOT BE MODIFIED, COPIED, FURNISHED NOR DISTRIBUTED (IN WHOLE OR IN PART) WITHOUT PROPER AUTHORIZATION OF U.S.F. FABRICATION, INC. TOLERANCES UNLESS OTHERWISE SPECIFIED FRACTIONAL <10' = t 1/8 >10' = t 1/4 U.S.F. FABRICATION INC. HIALEAH, FLORIDA RIVETED STEEL GRATING — 40 1/2 X 38 11/16 X 2 DWN. BY: USFFWIZ CHK. BY: USFFWIZ SCALE: 1 :1 6 DWG.# 1000200847 SHEET: 1 DF 1 DATE03/14/22 SHEREV: SIZEET : B P• 6J BANDING BAR TYP. BEARING BAR 5/18/2023 11:47 AM Attachment L 368 (36 z OVER RIVETS) +1/161 -1/81 11 31 6 11 6 3 4 (OVER RIVETS) 9 216 City of Miami 53 4 — (OVER RIVETS) 37 C.O. 532- BEARING BARS X 6 F.B. DIA. RIVET @ 5 O.C. EVERY OTHER BAR BEARING BAR 49 C.O. Solicitation IFB 1659386 EVERY OTHER BAR BANDING BAR NOTE: 1—MATERIAL: STEEL, PAINTED TO FLA. DOT SPECIFICATIONS. 2—LOADING: DESIGNED FOR OFF STREET LOCATIONS WHICH MAY OCCASIONALLY RECEIVE H-20 WHEEL LOADS. 3—FLOW CAPACITY: 1510 SQ. IN. 4—WEIGHT: 389.62 LBS. TYPE 'D' DITCH BOTTOM INLET 4 09/25/20 ALJ ALJ PER ECN 20-056: REMOVED CURVED NOTCH INTERPRET DIMENSIONS AND TOLERANCES PER ASME Y14.5M 3 08/12/20 ALJ ALJ UPDATED PER ECN 20-056: CHANGED NOTCH TO BE 2 1/2" BREAK ALL SHARP CORNERS 2 02/11/20 PR PR WELDING WAS CHANGED TO MEET PEDESTRIAN STANDARDS & EDGES TO 0.01 1 02/2/16 C.S. C.S. ADJUSTED TOLERANCES, UPDATED TITLE BLOCK TOLERANCES UNLESS REV. DATE BY APP'D DESCRIPTION OTHERWISE SPECIFIED FRACTIONAL THIS DOCUMENT IS THE PROPERTY OF U.S.F. FABRICATION, INC AND CONTAINS PROPRIETARY INCHES = ± 1/16 INFORMATION. IT SHALL NOT BE MODIFIED, COPIED, FURNISHED NOR DISTRIBUTED 1/16 = ± 1/32 (IN WHOLE DR IN PART) WITHOUT PROPER AUTHORIZATION OF U.S.F. FABRICATION, INC. 1/32 = ± 1/64 U.S.F. FABRICATION INC. o� HIALEAH, FLORIDA ow N O � GRATE RVT 6626 H2O PTD - DWN. BY: SCALE: SHEET: DATE: ova ALJ 1=16 1 DF 1 7/31/15 CHK. BY: ALJ DWc# 1000001236 SHEET O 17621 3 3/16 1 022 3/4 /// COVED MACHINED SU PFACES 025 1/4 023 020 3/4 023 1/2 025 037 PING 5/18/2023 11:47 AM 2 City of Miami 2 Solicitation IFB 1659386 4—01" ANCHOP HOLES 032 1/2 (2) NON — PENETPATING PICK HOLES. U.S. FOUNND Y & v1FG. COMP. MEDLEY, FLORIDA DESCRIPTION: USF 310 Ping & GP Cover (GR cover uses A drag/bottom) UNLESS OTHERWISE NOTED WEIGHT IS IN POUNDS AND APPROXIMATED MATERIAL: ASTM—A48 GRAY IRON CLASS35B Ring No: 8020001 WGHT: 365 SCALE: 1/8»_1" Cover No: 8013361 1 6 5 Assembly No: REV: DATE: REV BY: DATE: 6-29-07 DWN BY. U LS p. 70 QUOTE# City of Miami Solicitation IFB 1659386 44 3/4 (1) PENETRATING PICKHIOLE. 23 3/4 CZ—Vz ,,,,,,,,,,,, I,' , ,,, ,, ,, ,, '62.6 i_ 0 5/8 (3) 1" DIA. ANCHOR HOLES U.S. FOUNDRY & MFG. CORP. MEDLEY, FLORIDA DESCRIPTION USF 5170 FRAME 8c GS COVER MATERIAL: ASTM—A48 FRAME WEIGHT:325 UNLESS OTHERWISE NOTED WEIGHT IS IN DWN. BY: SCALE: ITEM No: DBB 1"=1' GRAY IRON CLASS: 3 5 B COVER WEIGHT: 80 POUNDS AND APPROXIMATED DWG DATE: 08-10-00 5/18/2023 11.47 AM REV: DATE: DESCRIPTION: REV BY: CHK. BY: DWG. No:Ls, REV: 71 BANDING BAR TYP. BEARING BAR 5/18/2023 11:47 AM 36-1 (36 z OVER RIVETS) +1/161 —1/81 11 31 6 1136 4 (OVER RIVETS) 9 216 City of Miami 53 4 (OVER RIVETS) 37 C.O. • 532 1 } 4 (TYP) 2 30. BEARING BARS X 6 F.B. DIA. RIVET @ 5 O.C. 14 (NOTCH) EVERY OTHER BAR BEARING BAR 22 r (NOTCH) 49 C.O. Solicitation IFB 1659386 EVERY OTHER BAR BANDING BAR NOTE: 1—MATERIAL: STEEL, PAINTED TO FLA. DOT SPECIFICATIONS. 2—LOADING: DESIGNED FOR OFF STREET LOCATIONS WHICH MAY OCCASIONALLY RECEIVE H-20 WHEEL LOADS. 3—FLOW CAPACITY: 1510 SQ. IN. 4—WEIGHT: 389.62 LBS. TYPE 'D' DITCH BOTTOM INLET 4 09/25/20 ALJ ALJ PER ECN 20-056: REMOVED CURVED NOTCH INTERPRET DIMENSIONS AND TOLERANCES PER ASME Y14.5M 3 08/12/20 ALJ ALJ UPDATED PER ECN 20-056: CHANGED NOTCH TO BE 2 1/2" BREAK ALL SHARP CORNERS 2 02/11/20 PR PR WELDING WAS CHANGED TO MEET PEDESTRIAN STANDARDS & EDGES TO 0.01 1 02/2/16 C.S. C.S. ADJUSTED TOLERANCES, UPDATED TITLE BLOCK TOLERANCES UNLESS REV. DATE BY APP'D DESCRIPTION OTHERWISE SPECIFIED FRACTIONAL THIS DOCUMENT IS THE PROPERTY OF U.S.F. FABRICATION, INC AND CONTAINS PROPRIETARY INCHES = ± 1/16 INFORMATION. IT SHALL NOT BE MODIFIED, COPIED, FURNISHED NOR DISTRIBUTED 1/16 = ± 1/32 (IN WHOLE DR IN PART) WITHOUT PROPER AUTHORIZATION OF U.S.F. FABRICATION, INC. 1/32 = ± 1/64 U.S.F. FABRICATION INC. o� HIALEAH, FLORIDA ow N N O � GRATE RVT 6626 H2O PTD - DWN. BY: SCALE: SHEET: DATE: ova ALJ 1=16 1 DF 1 7/31/15 CHK. BY: ALJ DWc # 1000001236 SIZEET B RE1 V:74 BANDING BAR TYP. BEARING BAR +1/161 537 [1354.14mm] -1/81 (53 2 [1358.9mm] OVER RIVETS) EVERY OTHER BAR 40 3) [ 101 6.00] 31s+ 15 ANGLE 2 X 2 6 [50.8mm X 50.8mm X 6.35mm] FRAME [6.35mm] OVER RIVETS 29 1 6 [65.09mm] JBEARING BAR a X 5 F.B. [6.35mm X 127mm] 54 [1371.60mm] C.O. 9 116 [39.69] [6.35mm] BEARING BAR City of Miami Solicitation IFB 1659386 12.70mm END BEARING BAR (NO HOLES) X 5 F.B. [6.35mm X 127mm] 16 X 1 q F.B. [4.76mm X 31.75mm] RETICULINE BAR [6.35mm] CUT END RETICULINE BAR WELD EACH PC. TO END BEARING BAR f 4 [6.35] EVERY OTHER BAR BANDING BAR 408 [ 1031.88mm] 2 [50.80] 1 4 [6.35mm] (TYP.) Attachment M 30° 368 [917.58mm] C.O. [9.53mm] DIA. RIVETS @ 5" [127mm] 0.C. 14 [44.45mm] (NOTCH) 2 [57.15mm] (NOTCH) NOTES: 1. MATERIAL: STEEL PAINTED TO FLA. DOT SPECIFICATIONS 2. LOADING: DESIGNED FOR OFF STREET LOCATIONS WICH MAY OCCASIONALLY RECEIVE H-20 WHEEL LOADS 3. FLOW CAPACITY: 1 680 IN2. [37121 mm2]. 4. WEIGHT: 374 LBS. [172.73 kg.] FLA. D.O.T. INDEX 425-052 TYPE "E" DITCH BOTTOM INLET 4 08/10/20 ALJ A LJ UPDATED PER ECN 20-056: CHANGED NOTCH TO BE 2 1/2" 3 02/17/20 PR PR WELDING WAS CHANGED TO MEET PEDESTRIAN STANDARDS INTERPRET DIMENSIONS AND TOLERANCES PER ASME Y14.5M 2 10/3/19 C.S. C.S. INDEX 425-052 WAS INDEX 232 BREAK ALL SHARP CORNERS & EDGES TO 0.01 1 02/3/16 C.S. C.S. ADJUSTED TOLERANCES, UPDATED TITLE BLOCK REV. DATE BY APP'D DESCRIPTION 5 09/25/20 ALJ ALJ PER ECN 20-056: REMOVED CURVED NOTCH REV. TATR2 gxr AP'P'D DESCRIPTION THIS DOCUMENT IS THE PROPERTY OF U.S.F. FABRICATION, INC AND CONTAINS PROPRIETARY INFORMATION. IT SHALL NOT BE MODIFIED, COPIED, FURNISHED NOR DISTRIBUTED (IN WHOLE OR IN PART) WITHOUT PROPER AUTHORIZATION OF U.S.F. FABRICATION, INC. TOLERANCES UNLESS OTHERWISE SPECIFIED FRACTIONAL INCHES = ± 1/16 1/16 = ± 1/32 1/32 = ± 1/64 0 CD C' N GO L J CD GIC CD a— of U.S.F. FABRICATION INC. HIALEAH, FLORIDA GRATE RVT 6616 H2O PTD DWN. BY: DAV/ALJ CHK. BY: DAV/ALJ SCALE: " 1 =12" DWG.# SHEET: 1 of 1 1000001458 DATE: 7/27/15 SHEET SIZE: U REV:7 5 p. 5/18/2023 11:47 AM EVERY OTHER 2 9/16� r- 38 11/16 (39 OVER RIVETS) PLAN VIEW u u u u u u u u u u FRONT VIEW City of Miami Solicitation IFB 1659386 3/16 X 1 1/4 CRIMP BARS 40 1/2 NOTES 1. MATL: STEEL A36, PAINTED TO FLA. DOT SPECIFICATIONS 2. DESIGNED FOR AASHTO H2O WHEEL LOADS WITH MAX DEFL OF 1/150 OF THE SPAN DESIGNED FOR OCCASIONAL TRAFFIC ONLY 3. APPROXIMATE WEIGHT: 297.69 lbs. 1/4 X 5 FB BEARING BARS 3/8 DIA. RIVETS @ 5 O.C. SIDE VIEW INTERPRET DIMENSIONS AND TOLERANCES PER ASME Y14.5M BREAK ALL SHARP CORNERS & EDGES TO 0.01 THIS DOCUMENT IS THE PROPERTY OF U.S.F. FABRICATION, INC AND CONTAINS PROPRIETARY INFORMATION. IT SHALL NOT BE MODIFIED, COPIED, FURNISHED NOR DISTRIBUTED (IN WHOLE OR IN PART) WITHOUT PROPER AUTHORIZATION OF U.S.F. FABRICATION, INC. TOLERANCES UNLESS OTHERWISE SPECIFIED FRACTIONAL <10' = t 1/8 >10' = t 1/4 U.S.F. FABRICATION INC. HIALEAH, FLORIDA RIVETED STEEL GRATING — 40 1/2 X 38 11/16 X 2 DWN. BY: USFFWIZ CHK. BY: USFFWIZ SCALE: 1 :1 6 DWG.# 1000200847 SHEET: 1 of 1 DATE03/14/22 SHEET REV: SIZE: B P 7(4_) 3 3/16 1 022 3/4 /// COVED MACHINED SU PFACES 025 1/4 023 020 3/4 023 1/2 5/18/2023 11:47 AM 025 037 PING 2 City of Miami 2 Solicitation IFB 1659386 4—01" ANCHOP HOLES 032 1/2 (2) NON —PENETPATING PICK HOLES. U.S. FOUNND Y & v1FG. COMP. MEDLEY, FLORIDA DESCRIPTION: USF 310 Ping & GP Cover (GR cover uses A drag/bottom) UNLESS OTHERWISE NOTED WEIGHT IS IN POUNDS AND APPROXIMATED MATERIAL: Ring No: Cover No: ASTM—A48 GRAY IRON CLASS35B 8020001 WGHT: 365 SCALE: 1/8"=1" 8013361 165 Assembly No: REV: DATE: REV BY: DATE: 6-29-07 DWN BY. U LS p. 75 QUOTE# City of Miami Solicitation IFB 1659386 (1) PENETRATING PICKHIOLE. 23 3/4 CZ—V." ,,,,,,,,,,,, I,' , ,,, ,, ,, ,, '62.6 i_ 5/8 (3) 1" DIA. ANCHOR HOLES U.S. FOUNDRY & MFG. CORP. MEDLEY, FLORIDA DESCRIPTION USF 5170 FRAME 8c GS COVER MATERIAL: ASTM—A48 GRAY IRON CLASS: 35B FRAME WEIGHT:325 COVER WEIGHT: 80 UNLESS OTHERWISE NOTED WEIGHT IS IN POUNDS AND APPROXIMATED DWN. BY: SCALE: ITEM No: DBB 1"=1' DWG DATE: 08-10-00 5/18/2023 11.47 AM REV: DATE: DESCRIPTION: REV BY: CHK. BY: DWG. No:Ls, REV: 76 BANDING BAR TYP. BEARING BAR 5/18/2023 11:47 AM 36-1 (36 z OVER RIVETS) +1/161 —1/81 11 31 6 1136 4 (OVER RIVETS) 9 216 City of Miami 53 4 (OVER RIVETS) 37 C.O. • 532 1 } 4 (TYP) 2 30. BEARING BARS X 6 F.B. DIA. RIVET @ 5 O.C. 14 (NOTCH) EVERY OTHER BAR BEARING BAR 22 r (NOTCH) 49 C.O. Solicitation IFB 1659386 EVERY OTHER BAR BANDING BAR NOTE: 1—MATERIAL: STEEL, PAINTED TO FLA. DOT SPECIFICATIONS. 2—LOADING: DESIGNED FOR OFF STREET LOCATIONS WHICH MAY OCCASIONALLY RECEIVE H-20 WHEEL LOADS. 3—FLOW CAPACITY: 1510 SQ. IN. 4—WEIGHT: 389.62 LBS. TYPE 'D' DITCH BOTTOM INLET 4 09/25/20 ALJ ALJ PER ECN 20-056: REMOVED CURVED NOTCH INTERPRET DIMENSIONS AND TOLERANCES PER ASME Y14.5M 3 08/12/20 ALJ ALJ UPDATED PER ECN 20-056: CHANGED NOTCH TO BE 2 1/2" BREAK ALL SHARP CORNERS 2 02/11/20 PR PR WELDING WAS CHANGED TO MEET PEDESTRIAN STANDARDS & EDGES TO 0.01 1 02/2/16 C.S. C.S. ADJUSTED TOLERANCES, UPDATED TITLE BLOCK TOLERANCES UNLESS REV. DATE BY APP'D DESCRIPTION OTHERWISE SPECIFIED FRACTIONAL THIS DOCUMENT IS THE PROPERTY OF U.S.F. FABRICATION, INC AND CONTAINS PROPRIETARY INCHES = ± 1/16 INFORMATION. IT SHALL NOT BE MODIFIED, COPIED, FURNISHED NOR DISTRIBUTED 1/16 = ± 1/32 (IN WHOLE DR IN PART) WITHOUT PROPER AUTHORIZATION OF U.S.F. FABRICATION, INC. 1/32 = ± 1/64 U.S.F. FABRICATION INC. o� HIALEAH, FLORIDA ow N N O � GRATE RVT 6626 H2O PTD - DWN. BY: SCALE: SHEET: DATE: ova ALJ 1=16 1 DF 1 7/31/15 CHK. BY: ALJ DWc # 1000001236 SIZEET B RE1 V:74 BANDING BAR TYP. BEARING BAR +1/161 537 [1354.14mm] -1/81 (53 2 [1358.9mm] OVER RIVETS) EVERY OTHER BAR 40 3) [ 101 6.00] 31s+ 15 ANGLE 2 X 2 6 [50.8mm X 50.8mm X 6.35mm] FRAME [6.35mm] OVER RIVETS 29 1 6 [65.09mm] JBEARING BAR a X 5 F.B. [6.35mm X 127mm] 54 [1371.60mm] C.O. 1196 [39.69] [6.35mm] BEARING BAR City of Miami Solicitation IFB 1659386 12.70mm END BEARING BAR (NO HOLES) X 5 F.B. [6.35mm X 127mm] 16 X 1 q F.B. [4.76mm X 31.75mm] RETICULINE BAR [6.35mm] CUT END RETICULINE BAR WELD EACH PC. TO END BEARING BAR f 4 [6.35] EVERY OTHER BAR BANDING BAR 408 [ 1031.88mm] 2 [50.80] 1 4 [6.35mm] (TYP.) 30° 368 [917.58mm] C.O. [9.53mm] DIA. RIVETS @ 5" [127mm] 0.C. 14 [44.45mm] (NOTCH) 2 [57.15mm] (NOTCH) NOTES: 1. MATERIAL: STEEL PAINTED TO FLA. DOT SPECIFICATIONS 2. LOADING: DESIGNED FOR OFF STREET LOCATIONS WICH MAY OCCASIONALLY RECEIVE H-20 WHEEL LOADS 3. FLOW CAPACITY: 1 680 IN2. [37121 mm2]. 4. WEIGHT: 374 LBS. [172.73 kg.] FLA. D.O.T. INDEX 425-052 TYPE "E" DITCH BOTTOM INLET 4 08/10/20 ALJ A LJ UPDATED PER ECN 20-056: CHANGED NOTCH TO BE 2 1/2" 3 02/17/20 PR PR WELDING WAS CHANGED TO MEET PEDESTRIAN STANDARDS INTERPRET DIMENSIONS AND TOLERANCES PER ASME Y14.5M 2 10/3/19 C.S. C.S. INDEX 425-052 WAS INDEX 232 BREAK ALL SHARP CORNERS & EDGES TO 0.01 1 02/3/16 C.S. C.S. ADJUSTED TOLERANCES, UPDATED TITLE BLOCK REV. DATE BY APP'D DESCRIPTION 5 09/25/20 ALJ ALJ PER ECN 20-056: REMOVED CURVED NOTCH REV. TATR2 gxr AP'P'D DESCRIPTION THIS DOCUMENT IS THE PROPERTY OF U.S.F. FABRICATION, INC AND CONTAINS PROPRIETARY INFORMATION. IT SHALL NOT BE MODIFIED, COPIED, FURNISHED NOR DISTRIBUTED (IN WHOLE OR IN PART) WITHOUT PROPER AUTHORIZATION OF U.S.F. FABRICATION, INC. TOLERANCES UNLESS OTHERWISE SPECIFIED FRACTIONAL INCHES = ± 1/16 1/16 = ± 1/32 1/32 = ± 1/64 0 CD C' N GO L J CD GIC CD a— of U.S.F. FABRICATION INC. HIALEAH, FLORIDA GRATE RVT 6616 H2O PTD DWN. BY: DAV/ALJ CHK. BY: DAV/ALJ SCALE: " 1 =12" DWG.# SHEET: 1 of 1 1000001458 DATE: 7/27/15 SHEET SIZE: U REV:7 5 p. Attachment N 5/18/2023 11:47 AM EVERY OTHER 2 9/16� r- 38 11/16 (39 OVER RIVETS) PLAN VIEW u u u u u u u u u u FRONT VIEW City of Miami Solicitation IFB 1659386 3/16 X 1 1/4 CRIMP BARS 40 1/2 NOTES 1. MATL: STEEL A36, PAINTED TO FLA. DOT SPECIFICATIONS 2. DESIGNED FOR AASHTO H2O WHEEL LOADS WITH MAX DEFL OF 1/150 OF THE SPAN DESIGNED FOR OCCASIONAL TRAFFIC ONLY 3. APPROXIMATE WEIGHT: 297.69 lbs. 1/4 X 5 FB BEARING BARS 3/8 DIA. RIVETS @ 5 O.C. SIDE VIEW INTERPRET DIMENSIONS AND TOLERANCES PER ASME Y14.5M BREAK ALL SHARP CORNERS & EDGES TO 0.01 THIS DOCUMENT IS THE PROPERTY OF U.S.F. FABRICATION, INC AND CONTAINS PROPRIETARY INFORMATION. IT SHALL NOT BE MODIFIED, COPIED, FURNISHED NOR DISTRIBUTED (IN WHOLE OR IN PART) WITHOUT PROPER AUTHORIZATION OF U.S.F. FABRICATION, INC. TOLERANCES UNLESS OTHERWISE SPECIFIED FRACTIONAL <10' = t 1/8 >10' = t 1/4 0 C' N V) O 5,2 CCCC CD a9, of Ja U.S.F. FABRICATION INC. HIALEAH, FLORIDA RIVETED STEEL GRATING — 40 1/2 X 38 11/16 X 2 DWN. BY: USFFWIZ CHK. BY: USFFWIZ SCALE: 1 :1 6 DWG.# 1000200847 SHEET: 1 of 1 DATE03/14/22 SHEET B REVP: SIZE: 7® City of Miami Solicitation IFB 1659386 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. 5/18/2023 11:47 AM p. 80 City of Miami Solicitation IFB 1659386 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. 5/18/2023 11:47 AM p. 81 City of Miami Solicitation IFB 1659386 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. 5/18/2023 11:47 AM p. 82 City of Miami Solicitation IFB 1659386 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. 5/18/2023 11:47 AM p. 83 City of Miami Solicitation IFB 1659386 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: (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. 1 FORM -City of Miami Local Office Certification 5/1 Pl R24 V1047264 p. 84 City of Miami Solicitation IFB 1659386 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: 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 Is Bidder/Proposer's Local Office tenancy pursuant to a lease? If yes, please enclose a copy of the lease. YES NO N/A Bidder/Proposer please enclose a copy of the Business Tax Receipt (BTR) issued by both the City of Miami and Miami -Dade County. City of Miami: YES NO Exempt Cite Exemption: Miami -Dade County: YES NO Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the license or certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business operations? YES NO Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Print Name (Bidder/Proposer Authorized Representative) Signature Date 2 FORM -City of Miami Local Office Certification 5/1 §0X4 V1o4726M p. 85 City of Miami Solicitation IFB 1659386 STATE OF FLORIDA COUNTY OF Certified to and subscribed before me this day of , 20 , by (NOTARY SEAL) (Signature of Notary Public -State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced FORM -City of Miami Local Office Certification 5/1 Pl R24 V10472Mil 3 p. 86 POLICY NUMBER: APM- 2-19 DATE: March 26, 2019 ISSUED BY: Emilio T. Gonzalez, Ph.D. Citv/1GI nager/Desi SIGNATURE CITY OtfMMIAMI ADMINISTRATIVE POLICY REVISIONS Solicitation IFB 1659386 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 6, 2019 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. 5/18/2023 11:47 AM p. 87 City of Miami Solicitation IFB 1659386 City of Miami APM 2-19 Elimination of Curing Irregularities in Documents Submitted for RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS 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 (F1a.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. 2 5/18/2023 11:47 AM p. 88 City of Miami Solicitation IFB 1659386 City of Miami APM 2-19 Elimination of Curing Irregularities in Documents Submitted for RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS 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 Irregularity: 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. 3 5/18/2023 11:47 AM p. 89 City of Miami Solicitation IFB 1659386 Question and Answers for Solicitation #IFB 1659386 - Pre-Qual. Pool of Vendors, Furnish Cas Iron Manhole Cvrs., Tops & Tree Grates Overall Solicitation Questions ilk Question 1 This bid Certification Statement seems to be asking for unit pricing firm for 180 days (with 180 days extension at the City's sole discretion). Are you aware US Foundry is currently not quoting for anywhere near this length of time? Or are we not supposed to list pricing and you just want us to certify we are a US Foundry product distributor?(Submitted: May 2, 2023 3:46:30 PM EDT) Question Deadline: May 12, 2023 5:00:00 PM EDT 5/18/2023 11:47 AM p. 90 City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2"dAvenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement 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: 1659386, 1 Pre -Qualified Pool of Vendors for the Provision of Cast Iron Manhole Covers, Tops and Tree Grates, Citywide 26-APR-2023 @ 9:00 A.M. 23-MAY-2023 @ 3:00 P.M. Voluntary 05-MAY-2023 @ 10:00 A.M. Virtual via Microsoft TEAMS 12-MAY-2023 @ 5:00 P.M. Soto, Teresa TSoto@miamigov.com (305)400-5024 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: ADDRESS: PHONE: FAX: EMAIL: CELL(Optional): SIGNED BY: TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Federal Employee Identification Number ("FEIN"): 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): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e., Addendum No. 1, 1/1/23). If no addendum/addenda was/were issued, please insert N/A. If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? Does Bidder have any pending lawsuits with or against the City of Miami, any of its agencies and/or instrumentalities? (Yes or No) If Yes, please list. Does Bidder have any record of criminal activities? (Yes or No) If Yes, please list. Has Bidder declared bankruptcy within the past seven (7) years? (Yes or No) If Yes, when? Does Bidder have any prior or pending litigation, either civil or criminal, involving a governmental agency, or which may affect the performance of the services to be rendered herein, in which the Bidder, any of its employees, or subcontractors is or has been involved in within the last five (5) years? (Yes or No) If Yes, please list. Invitation for Bid (IFB) 1659386 Table of Contents Terms and Conditions 1. General Conditions 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 2. Special Conditions 2.1. PURPOSE 2.2. PRE -BID CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. NON -APPROPRIATION OF FUNDS 2.6. METHOD OF AWARD 2.7. CONDITIONS FOR RENEWAL 2.8. BIDDER'S MINIMUM QUALIFICATIONS 2.9. STRUCTURE OF POOL OF VENDORS 2.10. SPOT MARKET PRICING PROCEDURE 2.11. FAILURE TO PERFORM 2.12. INSURANCE REQUIREMENTS 2.13. CURES 2.14. SUBMISSION AND RECEIPT OF BIDS 2.15. CITY OF MIAMI LIVING WAGE ORDINANCE 2.16. LOCAL OFFICE PREFERENCE 2.17. TIE BIDS 2.18. APPROVED EQUAL PRODUCT 2.19. PROJECT MANAGER(S) 2.20. DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY 2.21. DELIVERY 2.22. WORKMANSHIP AND MATERIALS 2.23. DISCONTINUATION OF EQUIPMENT 2.24. PARTS/PERSONNEL 2.25. WARRANTY 2.26. WARRANTY BY MANUFACTURER 2.27. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS 2.28. EMERGENCY SERVICE/CONTACT 2.29. DELAYS 2.30. FORCE MAJEURE 2.31. COMPLETED DELIVERY 2.32. ACCEPTANCE OF PARTS/ITEMS 2.33. DOCUMENTATION 2.34. METHOD OF PAYMENT 2.35. ADDITION/DELETION OF PRODUCTS/BRANDS/MODELS/ITEMS/SERVICES/SUPPLIERS 2.36. LIQUIDATED DAMAGES 2.37. TERMINATION Invitation for Bid (IFB) 1659386 2.38. ADDITIONAL TERMS AND CONDITIONS 2.39. PUBLIC ENTITY CRIMES 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Invitation for Bid (IFB) 1659386 IMPORTANT NOTICE TO BIDDERS • FAILURE TO COMPLETE, SIGN, AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATION SECTION WILL RENDER YOUR BID NON -RESPONSIVE. • ALL UPLOADS SHALL BE IN THE 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 THE VENDOR SUPPORT TOLL -FREE NUMBER AT 800-990-9339, OR GO TO SUPPORT.BIDSYNC.COM, OR VIA EMAIL AT SUPPORT@BIDSYNC.COM. Terms and Conditions 1. General Conditions Invitation for Bid (IFB) 1659386 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 1. GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) - References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-73 of the City Code. References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code. Intent: The General Terms and Conditions described herein apply to the acquisition of goods/ services with an estimated aggregate cost of $25,000.00 or more. Definition: A Formal Solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami (City) Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall remain the property of the Bidder until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order. 1.3. ACCEPTANCE/REJECTION - The City reserves the right to accept, reject any or all, or portion of responses after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not an all- inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the Formal Solicitation. 1.4. ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries from prospective Bidders will be provided in the form of an Addendum. Addenda are attached in the Document Section of BidSync. 1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the City. Invitation for Bid (IFB) 1659386 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the City's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees through and including, appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and retain any and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City. The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorporated by reference herein. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi - governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi-govemmental entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Bidder/Contractor. 1.10. AWARD OF CONTRACT - A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contract, unless modified in accordance with any ensuing Contract, or amendment. B. The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of Procurement or designee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this Contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Specifications/Scope of Work. Bidder may be found non -responsive if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder is found non -responsive, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or may Invitation for Bid (IFB) 1659386 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. 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 (HARDCOPY FORMAT) - All required forms in the Formal Solicitation should be completed, signed, and submitted accordingly through the BidSync Electronic Portal. 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 Invitation for Bid (IFB) 1659386 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 a specification are descriptive, not restrictive or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the proposed brand is other than specified by the City. Such samples are to be furnished after Formal Solicitation opening/closing, upon request of the City. If samples are requested by the City, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation, before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditures that the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful Bidder/Contractor. If Successful Bidder/Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder, any subcontractor, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction, or other legal or equitable proceedings, or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION - Bidder, by submitting a response, certifies that its response is made without previous understanding, agreement, or connection either with any person, firm, or corporation submitting a Bid for the same goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies that its response is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred, and the City reserves the right to reject any and all Bids where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor understands that contracts between private entities and local governments are subject to certain laws, codes, and regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes, Invitation for Bid (IFB) 1659386 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. 11 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. G 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. 1 City Procurement Ordinance, City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. 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. Invitation for Bid (IFB) 1659386 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 clerksgmiamigov.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 onthe part of the Bidder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in Bidder's firm. A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or others. Bidder may not disclose or use information not available to members of the general public and gained by 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. Invitation for Bid (IFB) 1659386 C. A violation of this section may subject the Bidder to immediate termination of any contract with the City, and imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this Formal Solicitation, and Bidders agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER - All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith shall be borne by the Bidder. 1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of not fewer than three (3) years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of City Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar/suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission. B. Causes for debarment/suspension. Causes for debarment or suspension include the following: 1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. 2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. 3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. 4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non - responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment/suspension. 5) Debarment/suspension of the Contractual Party by any federal, state or other governmental entity. 6) False certification pursuant to paragraph C below. 7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation Invitation for Bid (IFB) 1659386 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. Invitation for Bid (IFB) 1659386 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. 1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. 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, inmaking the award. 3) The City may require the Bidder(s) to provide documentation that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts, off the original prices quoted in the Response, will be accepted from Successful Bidder/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to Successful Bidder/Contractor will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department. Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (Contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. Invitation for Bid (IFB) 1659386 A. Order of Precedence. Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (if applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any, made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the City and Successful Bidder/Contractor. 1.33. ESTIMATED QUANTITIES - Estimated quantities or dollars are provided for the Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government, quasi -government or non-profit entities utilizing this Contract. No guarantee is expressed or implied as to quantities that will be purchased during the Contract period. The City is not obligated to place an order for any given amount subsequent to the award of the Contract. Said estimates may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES - A. Rejection of Bids. The City may reject a Bid for any of the following reasons: 1) Bidder fails to acknowledge receipt of addenda; 2) Bidder misstates or conceals any material fact in the Bid; 3) Bid does not conform to the requirements of the Formal Solicitation; 4) Bid requires a conditional award that conflicts with the method of award; 5) Bid does not include required samples, certificates, licenses; and, 6) Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re - advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City. Invitation for Bid (IFB) 1659386 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. 1.36. Freight on Board (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid. 1.37. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance, or resulting purchase orders, or Bid Contracts. 1.38. 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 1st. It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves the right to request, and the Successful Bidder/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination. B. 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 Invitation for Bid (IFB) 1659386 Attachment A. Please see provisions in Attachment A. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action 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. 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. Invitation for Bid (IFB) 1659386 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 attomey's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this Contract. The Successful Bidder/Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder/Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder/Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder/Contractor. 1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in 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 Invitation for Bid (IFB) 1659386 all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-101) City Code, as same may be amended or supplemented, from time to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45. INSPECTION OF BID - Bids received by the City, pursuant to a Formal Solicitation, will not be made available until such time as the City provides notice of a decision, or intended decision, or within 30 days after bid closing, whichever is earlier. Bid results will be tabulated and may be furnished upon request, via fax or e-mail, to the City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's website following a recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder/Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Successful Bidder/Contractor fails to submit the required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days after receipt of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1384. The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and extensions that may be exercised by the City. 1.47. INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order number and description of goods and/or services delivered (i.e., quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non -local Bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award shall be made to the local Bidder." 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 Invitation for Bid (IFB) 1659386 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 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 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 (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Successful Bidder shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Successful Bidder 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 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 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. Invitation for Bid (IFB) 1659386 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 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. Invitation for Bid (IFB) 1659386 1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any extent be held invalid, then the remainder of the Bid Contract or, the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law and be in a form acceptable to the City of Miami Risk Management Director. 1.62. PREPARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print type or manually enter 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 Bid or the Bid may be rejected. F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion. G. The City 's Bid Forms shall be used when Bidder is submitting its Bid. Use of any other forms will result in the rejection of the Bid. 1.63. PRICE ADJUSTMENTS - Any price decrease effectuated during the Bid Contract period, either by reason of market change, or on the part of the Successful Bidder/Contractor to other customers shall be passed on to the City. 1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Bid Contract, the Successful Bidder/Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery, and that the new product meets or exceeds all quality requirements. Invitation for Bid (IFB) 1659386 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. Invitation for Bid (IFB) 1659386 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. Invitation for Bid (IFB) 1659386 1.73. REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid award shall be cancelled and all bids rejected by the City Commission, the City Manager, or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74. RESOLUTION OF CONTRACT DISPUTES (SECTION 18-105): A. Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall have the authority to resolve disputes between the Successful Bidder/Contractor and the City which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. B. Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report 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 of solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. (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 Invitation for Bid (IFB) 1659386 for award of contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the bidder of the notice of the city's determination of non - responsiveness or non -responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer. c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days after the date the notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day, which is neither a Saturday, Sunday nor 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 Invitation for Bid (IFB) 1659386 with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing 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 fmal order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. Invitation for Bid (IFB) 1659386 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 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. (1)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. Invitation for Bid (IFB) 1659386 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 time stamped through BidSync, prior to the Bid submittal deadline, shall be accepted as a timely submittal and 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 borne by the Bidder(s). Accordingly, Bidder(s): 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via BidSync. The use of any other forms and/or the modification of City forms will result in the rejection of the Bidder's Bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply with these requirements may cause the Bid to be rejected. 5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE BID NON -RESPONSIVE. 6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation. 1.81. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders should be aware that all materials and supplies that are purchased by the Bidder for the completion of the Bid Contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended, and all amendments thereto, and shall be paid solely by the Bidder. Invitation for Bid (IFB) 1659386 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. 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 Invitation for Bid (IFB) 1659386 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. Invitation for Bid (IFB) 1659386 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a pre -qualification pool ("Pool"), for the provision of cast iron manhole covers, tops, and various tree grates, on an as needed basis, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2. PRE -BID CONFERENCE A Virtual Voluntary pre -bid conference will be held on Friday, May 5, 2023 at 10:00 A.M. via Teams Click here to join the meeting or via phone, +1 786-598-2961, ID: 271 603 056#. 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, which 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. 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the BidSync Electronic Portal. All questions must be received no later than Friday, May 12, 2023 at 5:00 P.M. All responses to questions will be sent to all prospective Bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for four (4) years with the option to renew for three (3) additional one (1) 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. 2.5. 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 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). 2.6. METHOD OF AWARD Award of this Contract will be made to all responsive and responsible Bidders who meet the minimum requirements set forth in this solicitation. Awarded Bidders will be placed in a pre -qualified pool of vendors list. The list will be utilized by the City to obtain spot market quotations to procure cast iron manhole covers, tops and tree grates on an as needed basis. 2.7. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: Continued satisfactory performance compliance with the specifications, terms and conditions established herein. Invitation for Bid (IFB) 1659386 (1) Availability of funds 2.8. BIDDER'S MINIMUM QUALIFICATIONS Bids will only be considered from firms that are regularly engaged in the business of providing goods and services as specified herein. The Bidder(s) shall: 1. Submit signed Certification Statement and Certifications Section; 2. Have been providing services for a minimum of three (3) consecutive years with the same Federal Employee Identification Number (FEIN); 3. Not have any member, officer, or stockholder that is in arrears, or in default or 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; 4. Have no record of pending lawsuits or criminal activities, and have not declared bankruptcy within the last three (3) years; and 5. Not have any conflicts of interest with the City. Notes: 1. Copies of signed Certification Statement, Certifications Section for your firm, shall be submitted with your bid submittal; and 2. Failure to submit the signed Certification Statement and Certifications Section, for your firm with your bid submittal, shall render your bid non -responsive. 2.9. STRUCTURE OF POOL OF VENDORS It is the City's intention to create a Pool of Pre -Qualified Bidders to be available to provide requested goods in this Solicitation on an as needed basis. The Pool will have as many members as the City deems appropriate. The City may periodically add members and categories. The addition of new members and/or categories will be done through a competitive process using the minimum qualification requirements established in this Solicitation, as described in Section 2.8, Bidder's Minimum Qualifications. At the City's discretion, members may be terminated from the Pool for lack of participation, which shall include failure over a reasonable time to bid on Spot Market Quote Requests (Quotes) offered through the Pool, poor performance in executing a quote, being in arrears in obligations to the City, and any other reason specified by City policies and/or procedures. Pre -Qualified Bidders shall maintain the qualifications of the firm and proposed personnel at a standard consistent and equivalent to the qualification submissions submitted in response to this IFB. 2.10. SPOT MARKET PRICING PROCEDURE Pre -Qualified Bidders will participate in subsequent spot market quotations as required by the City, on anas needed basis. Spot market pricing procedures may be initiated either by the user department or the Department of Procurement (Procurement). In general, written spot market quotes will be gathered from all vetted Pre -Qualified Bidders on an as needed basis. Spot market quotations will include specifications and any terms and conditions specific for the product requested. All Bidders that submit a spot market quote must abide by the deadlines stated in the quote request. The City reserves the right to verify the information submitted by the Bidders and to obtain and evaluate additional information, as it is deemed necessary, to ascertain the Bidders' conformance to the minimum requirements. Invitation for Bid (IFB) 1659386 2.11. FAILURE TO PERFORM Should the Pre -Qualified Bidder(s) fail to perform in full accordance, at any time, with the specifications as cited in this IFB, the Pre -Qualified Bidder(s) may be determined to be in default of the Contract. Pre -Qualified Bidder(s) shall be required to have sufficient equipment, supplies, and materials, at all times shall be grounds for default. At no time shall the Pre -Qualified Bidder(s) be pair for any day that the Pre -Qualified Bidder(s)'s personnel fail to show up at a facility or fail to perform in full accordance with the specifications and to the satisfaction of the Project Manager, or designee. Should this occur, the City will deduct liquidated damages as indicated under said provision. Should the Pre - Qualified Bidder(s) fail to perform in accordance with the Contract as determined solely by the City, the City shall make the determination to deem the Pre -Qualified Bidder(s) in default. The City shall be the sole judge of non- performance, failure to perform, and default of Contract. The date of termination shall be stated in a written notice. Should it not be possible to reach the Pre -Qualified Bidder(s) or Pre -Qualified Bidder(s)'s supervisor and/or should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to deem the Pre -Qualified Bidder(s) in default of the Contract or make appropriate reductions in the Contract payment. 2.12. 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 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)'s actions. In reviewing, approving or rejecting any submissions by the Successful Bidder 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. Invitation for Bid (IFB) 1659386 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). Please see Insurance Addendum for insurance definitions, requirements, and conditions. The Successful Bidder(s) shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) 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 and Completed Operations: $1,000,000 Personal and Advertising Injury: $1,000,000 B. Endorsements Required: City of Miami included as an Additional insured Contingent and Contractual Liability Primary Insurance Clause (2) Business Automobile Liability: A. Limits of Liability Bodily injury and property damage liability Combined single limits. Any Auto Including Hired, Borrowed, or Non -Owned Autos — Any One Accident $1,000,000 B. Endorsements Required: City of Miami included as an Additional Insured (3) Worker's Compensation Limits of Liability Statutory -State of Florida Invitation for Bid (IFB) 1659386 Employer's Liability A. Limits of Liability $500,000 for bodily injury caused by an accident, each accident $500,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit (4) Umbrella Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami listed as additional insured. Coverage is excess over the general liability and auto policies. 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 Successful Bidder(s). 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. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Bidder(s) of their 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 Successful Bidder(s) 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: (4) 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. (5) The City may, at its sole discretion, terminate this Contract for cause and seek re -procurement damages from the Successful Bidder(s) in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder(s) 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 Successful Bidder(s). 2.13. CURES Please refer to Section 1.56 Notice Regarding "Cures" of the General Terms and Conditions of this solicitation. Invitation for Bid (IFB) 1659386 2.14. SUBMISSION AND RECEIPT OF BIDS Please refer to Section 1.80, Submission and Receipt of Bids of the General Terms and Conditions of this solicitation. 2.15. 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, of 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 provision in Attachment A. If a solicitation requires services, effective on January 1, 2017, the Successful Bidder(s) must pay to all their 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 per 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. 2.16. LOCAL OFFICE PREFERENCE Bidders wishing to apply for the local office preference shall comply with the General Terms and Conditions, Section 1.48 Local Preference of this solicitation and with Section 18-73 of the City of Miami Procurement Code, titled "Definitions", and shall submit with the Bid at the time of the Bid due date the following: • Completion and submission of the attached City of Miami Local Office Certification Form; • Submission of a copy of the Proposer's lease documents at the location being deemed a City of Miami Local Office; • Submission of a City of Miami Business Tax Receipt; • Submission of a Miami Dade County Business Tax Receipt; and • Submission of a copy of the license, certificate of competency, and certificate of use that authorizes the performance of the Proposer/Bidder. 2.17. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug - free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). Invitation for Bid (IFB) 1659386 (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.18. APPROVED EQUAL PRODUCT Manufacturer's name, brand name and model/style number when uses in these specifications are for the sole purpose of establishing minimum requirements of levels of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's brands of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, Bid must be accompanied by complete factory information sheets (specifications, brochures, etc.), and test results of unit bid as equal. Failure to do so at time of bid submittal shall deem your bid non -responsive. 2.19. PROJECT MANAGER(S) Upon award, Successful Bidder(s) shall report and work directly with Osvaldo Muniza2a, Public Works Supervisor, and Jorge Mirandez, Public Works, Aesthetics Division, or designee, who shall be designated the Project Manager(s) for the City of Miami. 220. DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY The Successful Bidder shall enclose a complete delivery ticket with any items to be delivered in conjunction with this Bid solicitation. The delivery ticket shall be attached to the unit(s) and shall be made available to the Project Manager(s) or designee during delivery. The delivery ticket shall include, but not limited to the following information: purchase order number, date of order, a complete listing of items being delivered, and back -order quantities and estimated delivery of back orders, if applicable. 221. DELIVERY Successful Bidder shall make delivery of any items ordered within fifteen (15) business days after receipt of purchase order. 2.22. WORKMANSHIP AND MATERIALS All parts furnished and materials used in performance of this Contract shall be new and unused (of current design or manufacture). Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of the highest quality and shall conform to all applicable Building Codes, so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship 2.23. DISCONTINUATION OF EQUIPMENT In the event items requested are discontinued by the manufacturer, the Successful Bidder(s) shall substitute an approved equivalent replacement item from the same manufacturer at equal or lower pricing. The Successful Bidder(s) shall advise the City of any anticipated discontinuation. Proposed replacement equipment must be submitted for review and approval prior to completion of any substitution. Invitation for Bid (IFB) 1659386 2.24. PARTS/PERSONNEL The Successful Bidder(s) shall be deemed to represent that it has, or will have upon the award of the Contract, all necessary parts and personnel required arising from the award of the Contract. All parts required herein shall be delivered by the Successful Bidder(s) and all personnel engaged in performing the services shall be qualified to perform such services. 2.25. WARRANTY The Successful Bidder(s) warrants to the City that all materials and equipment furnished under this Contract will be new, unless otherwise specified in writing, and that all of the work will be of good quality, free from faults and defects and in conformance with the Contract. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Project Manager(s) or designee, the Successful Bidder(s) shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract. 2/6. WARRANTY BY MANUFACTURER A copy of the manufacturer's standard warranty must be submitted at the time of submitting spot market pricing. 2/7. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The Successful Bidder hereby acknowledges and agrees that all materials/products, except where recycled content is specifically requested, supplied by the Successful Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to the City by the Successful Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the order and return such materials/products to the Successful Bidder to replace the materials/products at the Successful Bidder's expense. 2.28. EMERGENCY SERVICE/CONTACT The Successful Bidder(s) shall provide the City with evening, weekend, and holiday service, as necessary, to handle an emergency situation which threatens public health and safety, as determined by the City. The Successful Bidder(s) shall be immediately available via a twenty-four (24) hour, seven (7) day per week phone service. It is expected that non-scheduled requests for service (emergency call, etc.) shall be responded to within two (2) hours after the call is place to the service or directly to the Successful Bidder(s). The Successful Bidder(s) shall ensure that the Project Manager(s) or designee has the cell phone of all employees assigned, or who would be called to the facility, and the designated employee(s) shall be directed to respond to direct calls from the Project Manager(s) or designee. 2/9. DELAYS The Successful Bidder(s) shall notify the City of any actual or potential delays with shipping of items. 2.30. FORCE MAJEURE Successful Bidder(s) shall not be liable for any failure of or delay in the performance of this Contract for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to act of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. Invitation for Bid (IFB) 1659386 231. COMPLETED DELIVERY The City shall be notified by the Successful Bidder(s) upon delivery. The City shall inspect and approve delivered items before authorizing payment. Parts not satisfactorily delivered shall be replaced by the Successful Bidder(s) at no additional charge to the City. 232. ACCEPTANCE OF PARTS/ITEMS Should any part/item not meet the expectations of the City's Project Manager(s)' or designee, the Successful Bidder(s) shall be required to correct the faulty parts/items at their expense in both time and material. 2.33. DOCUMENTATION The Successful Bidder(s) shall leave the Project Manager, or designee a copy of the service order and/or other applicable documentation of the visit. This documentation shall reflect, in detail, the work performed and recommendations, if any. In the case of unscheduled visits, the documentation of the same shall be left with the facility administrator, should the Project Manager, or designee not be available. 2.34. METHOD OF PAYMENT Payment will be made upon receipt and acceptance of a complete unit. No down or partial payments will be made. 235. ADDITION/DELETION OF PRODUCTS/BRANDS/MODELS/ITEMS/SERVICES/SUPPLIERS Although this Solicitation identifies specific products/brands/models/items/services/suppliers, it is hereby agreed and understood that any product/brands/models/item/service/supplier may be added/deleted to/from this Contract at the option of the City. When an additional product/brand/model/item/service to the Contract is required, the supplier shall be invited to submit price quotes for these new products/brands/models/items/services. If these prices are not competitive or not carried, the City maintains the right to add additional suppliers to the Contract to carry those items required. If these quotes are comparable with market prices offered for similar products/brand/models/items/services, they shall be added to the Contract, whichever is in the best interest of the City, and addendum and a separate purchase order shall be issued by the City. 2.36. LIQUIDATED DAMAGES Upon failure to perform, or to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated, the Successful Bidder(s) shall be subject to an assessment of liquidated damages in the amount of 1% of the unit price per calendar day per item will be deducted, as liquidated damages, for each day beyond the specified delivery time (not to exceed the total amount of the Contract), not a penalty, but as compensation for loss of the product's use during such time, 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). 237. TERMINATION A. FOR DEFAULT If Successful Bidder(s) defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon Invitation for Bid (IFB) 1659386 written notice without penalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder(s) was not in default or (2) the Successful Bidder(s)'s failure to perform is without their or their 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 an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, for 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. 2.38. 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. 239. PUBLIC ENTITY CRIMES To be eligible for award of a contract, firms wishing to do business with the City must comply with Section 287.133(2)(a) of the Florida Statutes, which provides that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids 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 in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO, as defined by Section 287.017(2) of the Florida Statutes, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Invitation for Bid (IFB) 1659386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The Successful Bidder(s) shall provide all materials, tools, equipment, for the replacement of iron cast manhole covers, tops, and tree grates, Citywide, on an as needed basis. Note: Refer to Attachments C — N located in the Documents Section of BidSync for specifications of manhole covers, tops and tree grates. Notes: In accordance with Section 2.8, Bidder's Minimum Qualifications, Bidders shall submit with their bid submittal the following: 1. Signed Certification Statement and Certification Section. Failure to submit signed Certification Statement and Certification Section, for your firm, shall render your bid non -responsive. Titg f ANNIE PEREZ, CPPO Director of Procurement ARTHUR NORIEGA V City Manager ADDENDUM NO. 1 IFB 1659386 May 18, 2023 Invitation for Bid ("IFB") Pre -Qualified Pool of Vendors for the Provision of Cast Iron Manhole Covers, Tops and Tree Grates, Citywide 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. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. A. The following is the City's response to a question received from a prospective Bidder: Q1. Is the vendor required to list prices for the items in the IFB and keep the price firm for one hundred and eighty (180) days? Al. Refer to Section 2.10, Spot Market Pricing Procedure of this solicitation. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. AP:ts Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department 1 c. Juvenal Santana, P.E., C.F.M., Director, Resilience and Public Works Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director 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: DATE: SIGNATURE: 2