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HomeMy WebLinkAboutinstructions to bidders00300. INSTRUCTIONS TO BIDDERS: 1. Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 1.1. Examine the Contract Documents thoroughly, 1.2. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work, 1.3. Take into account federal, state and local (City and Miami -Dade County including, without limitation the City Purchasing Ordinance and Florida Building Code ) laws, regulations, ordinances that may affect costs, progress, performance, furnishing of the Work, or award, 1.4. Study and carefully correlate Bidder's observations with the Contract Documents, and 1.5. Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 2. Pre -Bid Interpretations: Only questions answered by written Addenda will be binding. Oral and other interpretations or clarifications will be without legal binding effect. All questions about the meaning or intent of the Contract, Documents are to be directed to the City's Purchasing Department in writing. Interpretations or clarifications considered necessary by the City's Purchasing Department in response to such questions will be issued by City by means of Addenda mailed or delivered electronically to all parties recorded by the City's Purchasing Department as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Purchasing Department to respond to questions received less than ten (10) calendar days prior to bid opening. 3. Submitting Bids: All bids must be received in duplicate by the City of Miami, City Clerk's office located at City Hall, First Floor, 3500 Pan American Drive, Miami, City of Miami 11 Bid No. 04-05-011 • • Fla. 33133, before the time and date specified for bid opening, enclosed in a sealed envelope, legibly marked on the outside: BID NO.: 04-05-011 BID FOR: ALLAPATTAH STREET IMPROVEMENTS, B-40702 4. Printed Form of Bid: All bids must be made upon the blank City of Miami Bid Form provided herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. 5. Bid Guaranty: All bids shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 5, General Conditions, or by cash, money order, certified check, cashier's check, Unconditional/Irrevocable Letter of Credit (Form 00410), Bid Bond Voucher (for projects less than $200,000) issued to City of Miami Certified MNVBE's by the City's MIWBE Office, treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the total bid amount, payable to City of Miami, Florida, and conditioned upon the successful Bidder executing the Contract and providing the required Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance BondT The Bidder Awarded this contract will be required to provide a Performance and Payment Bond and Certificate(s) of Insurance, -within fifteen (15) calendar days after notification of the award of the Contract. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the City's Purchasing Department for good cause shown. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. Information regarding the Bid Bond Voucher Program may be obtained through the City Minoritv/Women Business Enterprise Office at (305) 416-1913. 6. Acceptance or Rejection of Bids: The City reserves the right to reject any or ail bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within ninety (90) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Purchasing Department prior to award of the Contract by the City Commission. City of Miami 12 Bid No. 04-05-011 7. Determination of Award: Except where the City reserves the right to reject any or all bids and subject to other applicable restrictions. The City Commission shall award the contract to the lowest and responsive and responsible bidder. (unless the amounts involved are such that the City Manager is authorized to make this determination). In determining the lowest responsive and responsible bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 8. Evaluation: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Purchasing Department who shall provide a copy to the successful CONTRACTOR. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful CONTRACTOR for future bids with the City. 9. Contract Price: The Contract Price is to include the furnishing of all labor, materials, overhead expense and profit, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. In the event the Contract Price is a guaranteed maximum or guaranteed maximum price ("GMP") the contract price shall be the maximum cost to the City for performance of the Work . In the event the Contract Price is a Stipulated Lump Sum or Lump Sum the Contract Price shall be the specific sum which shall serve as the total payment by the City for the Work and the performance of the contract. 10. Postponement of Date for Presenting and Opening of Bids: The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least seven (7) calendar days notice of any such postponement to each prospective Bidder. 11. Qualifications of Bidders: Bids shall be considered only from firms normally engaged in performing the type of work specified within the Contract Documents. City of Miami 13 Bid No. 04-05-011 • • • Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to City. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. 12. Addenda and Modifications: The City shall make reasonable efforts to issue addenda within five (5) calendar days prior to bid opening. All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as changes to the Project Manual. 13. Prevailing Wage Rates: 13.1 If this Project is funded by the United States Government through Community Development Block Grant Funds 29th year (in whole or in part) through the Department of Housing and Urban Development (HUD) Allapattah Street Improvements. B-40702 No. 1510 (Federal Agency) federal assurances must follow the grant application in addition to any supervising assurances set forth in Rules and Regulations published in Federal Register or CFR. 13. 2 Clauses, terms or conditions required by federal grantor agency are hereby attached and are deemed as being incorporated b y reference and made a part of this Project Manual. 13.3 In the event this Project is federally funded (as shown above) the rate of wages and fringe benefit payments for all laborers, mechanics, and apprentices shall not be less than those payments for similar skills in classification of work in a like construction industry as determined by the Secretary of Labor and as published in the Federal Register ( latest revision is attached hereto). 13.4 All mechanics, laborers, and apprentices, employed or working directly upon the site of the Work shall be paid in accordance with the above referenced wage rates. CONTRACTOR shall post notice of these provisions at the site of the Work in a prominent place where it can be easily seen by the workers. 13.5 if the parties cannot agree on the proper classification of a particular class of laborers or mechanics or apprentices•to be used, the Contract Administrator shall submit a question, together with its recommendation, to the City Manager for final determination. 13.6 In the event it is found by the Contract Administrator that any laborer or apprentice employed by CONTRACTOR , or any subcontractor directly on the site of the Work has been or is being paid at a rate of wages Tess than the rate of wages required by the Secretary of Labor , the Contract Administrator may :(1) by written notice to CONTRACTOR terminate its right to proceed with the work or City of Miami 14 Bid No. 04-05-011 such part of the Work for which there has been a failure to pay said required wages; and (2) prosecute the Work or portion thereof to completion by contract or otherwise . Whereupon, Contractor and its sureties shall be liable to City for any excess costs occasioned to City thereby. 13. 7 Section 13 shall apply to this Contract to the extent that it is federally funded, otherwise, Section 13 shall not apply to this contract. 13. 8 Contractor shall maintain payrolls and basic records relating thereto during the course of this Work and shall preserve such for a period of three (3) years thereafter for all laborers, mechanics, and apprentices working at the site of the Work. Such records shall contain the name and address of each such employee; its current classification; the rate of pay (including rates of contribution for, or costs assumed to provide, fringe benefits); daily and weekly number of hours ; deductions made; and actual wages paid. 13. 9 If applicable , Contractor shall submit a sworn statement of compliance with this section. 13.10 The Contract Administrator may withhold or cause to be withheld from Contractor so much of the payments requisitioned as may be considered necessary to pay laborers and mechanics,. Including apprentices, trainees, and guards employed by Contractor or any subcontractor on the work, the full amount of the wages required by the Contract. 13.11 If Contractor or any subcontractor fails to pay any laborer, mechanic, apprentice, or material person employed or working at the site all or part of the wages required by the Contract , the Contract Administrator may, after written notice to Contractor , take such action as may be necessary to cause suspension of further payments or advances until such violations have ceased. 14. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: 14.1. The chemical name and the common name of the toxic substance. 14.2. The hazards or other risks in the use of the toxic substance, including: 14.2.1. The potential for fire, explosion, corrosion, and reaction; 14.2.2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are City of Miami 15 Bid No. 04-05-011 • • • generally recognized as being aggravated by exposure to the toxic substance; and 14.2.3. The primary routes of entry and symptoms of overexposure. 14.3. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. 14.4. The emergency procedure for spills, fire, disposal, and first aid. 14.5. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 14.6. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 15. Environmental Regulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 16. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PURCHASING DEPARTMENT, WHO SHALL FORWARD SAME TO CONSULTANT. City of Miami 16 Bid No. 04-05-011 17. Protested Solicitation Award: Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a contract may protest in writing to the Director of Purchasing/Chief Procurement Officer who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders are alerted to Section 18-103 of the City's Code describing the protest procedures. Protests failing to meet the requirements for fling shall NOT be accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS. 18. Financial Stability and Strength: The bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. Bidders/Proposers shall submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and Toss (statement of net income). When the bid submittal is from a Joint Venture, each Bidder/Proposer involved in the Joint Venture must submit financial statements as indicated above. Any Bidder/Proposer who, at the time of bid submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder/Proposer under federal bankruptcy law or any state insolvency, may be declared non -responsive. 19. Local Preference: City Ordinance No. 12271, states that the City Commission may offer to a responsible and responsive bidder, who maintains a Local Office, the opportunity of accepting a bid at the low bid amount, if the original bid amount submitted by the local vendor is not more than ten percent (10%) in excess of the lowest other responsible and responsive bidder. 20. Minority (Women Procurement Program: Ordinance No. 10062, as amended, entitled the Minority and Women Business Affairs and Procurement Ordinance of the City of Miami, Florida, sets forth "...a goal of awarding at least 51 percent of the City's total annual dollar volume of all expenditures for all goods and services to Black, Hispanic and Women minority business enterprises on an equal basis." A minority business enterprise is defined as a business firm "...in which at least 51 percent of said enterprise is owned by Blacks, Hispanics, or Women and whose management and daily business operations are controlled by one or more Blacks, Hispanics or Women." To achieve the goal established by these Ordinances, participation in providing goods and services to the City by minorities is being encouraged in a number of City of Miami 17 Bid No. 04-05-011 • • • • ways. All bidders doing business with the City are encouraged to include the participation of minority firms in their bids. In evaluating bids for determination of awards, minority participation may be a factor. Failure to adequately involve minority firms may be a basis for rejecting any and all bids. Possible ways to include minority participation would involve: 1. Joint venture with a minority firm(s) 2. Utilizing minority firm(s) as subcontractor(s). 3, Utilizing minority firm(s) to supply goods and/or services. 4. Successful implementation of well defined affirmative action program. 5. Other forms of minority participation, if properly documented. Successful bidder(s) shall be required to establish an Affirmative Action Plan, if not, an Affirmative Action Policy shall be established, pursuant to Ordinance #10062 as amended. Effective date of implementation must be indicated on the policy. Minority and women -owned business firms are encouraged, but not required, to register with the City prior to submitting bids. The Purchasing Department, MinoritylWomen Business Affairs Office, will provide the necessary forms and instructions upon request. All bidders are urged to submit bids for any goods or services that they are able to supply, regardless of minority classification. However, compliance with all requests for information regarding MinorityNVomen Status or Participation is required. Bidder's cooperation is greatly needed to aid the City in achieving its goal. Bidders may contact this Office at (305) 416-1913 for information. 21. First Source Hiring Agreements: (a) The city commission approves implementation of the first -source hiring agreement policy and requires as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and, loans, for projects of a nature that create new jobs, the successful negotiation of first source hiring agreements between the organization or individual receiving said contract and the authorized representative unless such an agreement is found infeasible by the city manager and such finding approved by the city commission at a public hearing. b) For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings: Authorized representative means the Private Industry Council of South Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and state training and employment funds. City of Miami 18 Bid No. 04-05-011 Facilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works, and municipal improvements to the extent they are financed through public money services or the use of publicly owned property Grants and loans means, without limitation, urban development action grants (UDAG), economic development agency construction loans, loans from Miami Capital Development, Incorporated, and all federal and state grants administered by the city Service contracts means contracts for the procurement of services by the city which include professional services. Services include, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (c) The authorized representative shall negotiate each first source hiring agreement (d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city training and employment programs, and other residents of the city. 22. Cone of Silence: Pursuant to Section 18-74 of the City of Miami Ordinance No. 12271, a "Cone of Silence" is imposed upon each REP, RFQ, RFLI, or IFB after advertisement 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 Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFB (bids) between,, among others: • Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs; • the Mayor, City Commissioners or their respective staffs and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; • potential vendors, service providers, bidders, lobbyist or consultants, any member of the City's professional staff, the Mayor, City Commissioners or their respective staffs and any member of the respective selection/evaluation committee The provision does not apply to, among other communications: City of Miami 19 Bid No. 04-05-011 • • • • • oral communications with the City purchasing staff regarding Minority/Women Business Enterprise (M/WBE) and local vendor outreach programs, providedl the communication is limited strictly to matters of process or procedure already contained in the solicitation document; • the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, 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 RFP, RFQ or bid documents. • Communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or 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 Office of the City Clerk, which shall be made available .to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk at Marcia@ci.miami.fl.us. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential debarment 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 Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Ordinance No. 12271 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250- 5360, to obtain a copy of same. 23. Public Entity Crime: A person or affiliate who has been placed on the convicted Proposer list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a Response on a contract with a public entity for the construction or repair of a public building or public work's project, may not submit a response on a lease of real property to a public entity, may not be awarded or perform work as City of Miami 20 Bid No. 04-05-011 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 Florida Statutes for Category Two for a period of 36 months from the date of being placed on the convicted Bidder / Proposer list. 24. Commodities manufactured, crown, or produced in the City of Miami, Miami •• Dade County and the State of Florida: Whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured;, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida shall be given preference. City of Miami 21 Bld No. 04-05-011 •