HomeMy WebLinkAboutInvitation for BidCity of Miami
Invitation for Bid (IFB)
Purchasing Department
Glenn Marcos, CPPB, Director/Chief Procurement Officer
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
IFB Number:
Title:
Issue Date/Time:
IFB Closing Date/Time:
Pre -Bid Conference:
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification:
Buyer:
Hard Copy Submittal Location:
Buyer E-Mail Address:
Buyer Facsimile:
52028,2
Invitation For Bid for Elevator
Maintenance Services - Citywide
23-OCT-2007
14-NOV-2007 @ 13:00:00
Wednesday, October 31, 2007
Byrnes, Terry
City of Miami City Clerk
3500 Pan American Drive
Miami FL 33133 US
TByrnes@ci.miami.fl.us
(305) 400-5230
Page 1 of 43
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 120 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:
SUPPLIER NAME-
ADDRESS -
PHONE: FAX:
EMAIL: BEEPER -
SIGNED BY:
TITLE: DATE -
FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS BID.
Page 2 of 43
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Address, City, State, Zip:
Office Location: City of Miami, Miami -Dade County, or Other
Occupational License Number:
Occupational License Issuing Agency:
Occupational License Expiration Date:
Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance
No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source
Hiring Agreement.": Yes or No
Do you expect to create new positions in your company in the event your company was awarded a
Contract by the City? Yes or No
In the event your answer to question above is yes, how many new positions would you create to
perform this work?
Please list the title, rate of pay, summary of duties, number of positions, and expected length or
duration of all new positions which might be created as a result of this award of a Contract.
Minority/Women Business Affairs Registration Status: Hispanic, Female, Black or None,
Page 3 of 43
References #1 - Company
References #1 - Address
References #1 - City, State, Zip
References #1 - Dates of Contract
References #1 - Contact
References #1 - Phone
References #2 - Company
References #2 - Address
References #2 - City, State, Zip
References #2 - Dates of Contract
References #2 - Contact
References #2 - Phone
References #3 - Company
Page 4 of 43
References #3 - Address
References #3 - City, State, Z
P
References #3 - Dates of Contract
References #3 - Contact
References #3 - Phone
Provide Copy of State or County Certification of Competancy for Master, Elevator Maintenance
and Services
Page 5 of 43
Line: 1
Description: Elevator Maintenance Monthly for Miami Police Department - North
Sub -Station
The City of Miami Living Wage Ordinance is applicable to this service contract.
Category: 91013-17
Unit of Measure: Month
Unit Price: $
Line: 2
Number of Units: 12 Total: $
Description: Elevator Maintenance Monthly for Miami Police Department - South
Sub -Station
The City of Miami Living Wage Ordinance is applicable to this service contract.
Category: 91013-17
Unit of Measure: Month
Unit Price: $
Line: 3
Number of Units: 12 Total: $
Description: Elevator Maintenance Monthly for Miami City Hall
The City of Miami Living Wage Ordinance is applicable to this service contract.
Category: 91013-17
Unit of Measure: Month
Unit Price: $
Line: 4
Number of Units: 12 Total: $
Description: Elevator Maintenance Monthly for Miami Fire Training Center
The City of Miami Living Wage Ordinance is applicable to this service contract.
Category: 91013-17
Unit of Measure: Month
Unit Price: $ Number of Units: 12 Total: $
Page 6 of 43
Line: 5
Description: Elevator Maintenance Monthly for Fire Administration/Support Services
Building
The City of Miami Living Wage Ordinance is applicable to this service contract.
Category: 91013-17
Unit of Measure: Month
Unit Price: $
Line: 6
Number of Units: 12 Total: $
Description: Elevator Maintenance Monthly for Solid Waste Building
The City of Miami Living Wage Ordinance is applicable to this service contract.
Category: 91013-17
Unit of Measure: Month
Unit Price: $
Line: 7
Number of Units: 12 Total: $
Description: Elevator Maintenance Monthly for General Services Administration Building
The City of Miami Living Wage Ordinance is applicable to this service contract.
Category: 91013-17
Unit of Measure: Month
Unit Price: $
Line: 8
Number of Units: 12 Total: $
Description: Elevator Maintenance Monthly for Manuel Artime Community Center Building
The City of Miami Living Wage Ordinance is applicable to this service contract.
Category: 91013-17
Unit of Measure: Month
Unit Price: $ Number of Units: 12 Total: $
Line: 9
Page 7 of 43
Description: Elevator Maintenance Regular Labor Hourly Rate for Maintenance Mechanic
The City of Miami Living Wage Ordinance is applicable to this service contract.
Category: 91013-17
Unit of Measure: Hour
Unit Price: $
Line: 10
Number of Units: Total: $
Description: Elevator Maintenance Mechanic Labor Overtime Evenings/Weekends Hourly
Rate (overtime portion only)
The City of Miami Living Wage Ordinance is applicable to this service contract.
Category: 91013-17
Unit of Measure: Hour
Unit Price: $
Line: 15
Number of Units: Total: $
Description: Elevator Maintenance Monthly for Manuel Artime Auditorium Handicap Lift
The City of Miami Living Wage Ordinance is applicable to this service contract.
Category: 91013-17
Unit of Measure: Month
Unit Price: $
Line: 16
Number of Units: 12 Total: $
Description: Elevator Maintenance Mechanic Hourly Labor Overtime Rate for Holidays
The City of Miami Living Wage Ordinance is applicable to this service contract.
Category: 91013-17
Unit of Measure: Hour
Unit Price: $
Number of Units: Total: $
Page 8 of 43
Invitation for Bid (IFB) 52028,2
Table of Contents
Terms and Conditions 10
1. General Conditions 10
1.1. GENERAL TERMS AND CONDITIONS 10
2. Special Conditions 29
2.1. PURPOSE 29
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 29
2.3. TERM OF CONTRACT 29
2.4. PARTS - PASS THROUGH COST 29
2.5. LABOR FIXED AND FIRM PRICING 29
2.6. PAYMENT 30
2.7. CONDITIONS FOR RENEWAL 30
2.8. NON -APPROPRIATION OF FUNDS 30
2.9. METHOD OF AWARD 30
2.10. SITE INSPECTIONS 30
2.11. BIDDERS MINIMUM REQUIREMENTS 30
2.12. SUBCONTRACTORS 31
2.13. CERTIFICATE OF COMPETENCY 31
2.14. FAILURE TO PERFORM 31
2.15. INSURANCE REQUIREMENTS 31
2.16. RESPONSE TIME 32
2.17. COMPLETED WORK 32
2.18. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS 33
2.19. CONTRACT ADMINISTRATORS 33
2.20. SUPERVISION 33
2.21. WORKMANSHIP AND MATERIALS 33
2.22. TIE BIDS 33
2.23. LIQUIDATED DAMAGES 34
2.24. USE OF PREMISES 34
2.25. HOURLY LABOR RATES 34
2.26. OVERTIME LABOR HOURS 35
2.27. WARRANTY, FITNESS FOR PURPOSE 35
2.28. REFERENCES 35
2.29. CONTRACTOR TO BE REPRESENTED 35
2.30. LICENSES, PERMITS AND FEES 35
2.31. PUBLIC CONVENIENCE AND SAFETY 36
2.32. SAFETY MEASURES 36
2.33. QUALITY OF WORK 36
2.34. HOLIDAYS 36
2.35. TERMINATION 37
2.36. ADDITIONAL TERMS AND CONDITIONS 37
3. Specifications 38
3.1. SPECIFICATIONS/SCOPE OF WORK 38
Page 9 of 43
Invitation for Bid (IFB) 52028,2
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of
goods/equipment/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 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 OR EQUIPMENT - Any good(s) or equipment delivered under this
formal solicitation, if applicable, shall remain the property of the seller 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/equipment supplied to the City are found to be defective or does not conform to specifications, the
City reserves the right to cancel the order upon written notice to the Contractor and return the product to the
Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall
be considered an offer on the part of the bidder/proposer; 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 or reject any or all responses or
parts of after opening/closing date and request re -issuance on the goods/services described in the formal
solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected
bidders/proposers and make available a written explanation for the rejection. The City also reserves the
right to reject the response of any bidder/proposer who has previously failed to properly perform under the
terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a
position to perform the requirements defined in this formal solicitation. The City further reserves the right
to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its
discretion, re -issue this formal solicitation.
1.4. ADDENDA It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are
available at the City's website at: http://www.ci.miami.fl.us/procurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate
response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate
response offers a different product that meets or exceeds the formal solicitation requirements. In order for
the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form
and shall mark "Alternate Response". Alternate response shall be placed in the same response. This
provision only applies to formal solicitations for the procurement of goods, services, items, equipment,
materials, and/or supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise
dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's
prior written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this
Contract, the prevailing party shall be entitled to recover its costs and reasonable attomey's fees through
and including appellate litigation and any post -judgment proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer 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 Contractor which are directly pertinent to this formal solicitation,
for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall
maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for
Page 10 of 43
Invitation for Bid (IFB) 52028,2
three (3) years after the City makes final payment and all other pending matters are closed. Contractor's
failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract
by the City.
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(s)/proposer(s) at the contract price(s)
established herein, when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and
resulting bid contract or agreement will establish its own contract/agreement, 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(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement,
amendment or addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or
designee in the instance that Tie Bids can't 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 Technical Specifications. Bidder/Proposer shall be in default of its
contractual obligation if such documents are not submitted in a timely manner and in the form required by
the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action
taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may
accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to
the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution
from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or
increased costs sustained as a result of the Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the
successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or
contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120)
calendar days beyond the stated contract term in order to provide City departments with continual service
and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised,
the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price,
terms and conditions for a specific number of days. Additional extensions over the first one hundred
twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer 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 or individual -item basis,
or such combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon
the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City
reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is
determined to be in the City's best interests. Such agreement will be fumished by the City, will contain
certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City
Attorney.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized
surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the
amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check
or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it
is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award
Page 11 of 43
Invitation for Bid (IFB) 52028,2
contract/agreement to Bidder/Proposer and Bidder/Proposer 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/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of
award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract
has been awarded, all bid deposits will be retumed on demand.
Certified Minority/Women vendors may apply to participate in the City's Bid Bond Voucher Program by
contacting the Minority/Women Business Affairs office.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and
submitted accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement
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 Security to the City, which forfeiture shall be
considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may
be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer 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 wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is
added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response,
complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the
City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of
equality and its decision shall be final. 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 only upon request of the City. If samples should be requested, such
samples must be received by the City no later than seven (7) calendar days after a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its
opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all
prospective bidders/proposers and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm
makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a
business risk which the contractor must assume. The City will not be obligated to reimburse amortized or
unamortized capital expenditures, or to maintain the approved status of any contractor. If 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/Proposer/Consultant, any sub-contractor/sub-consultant, 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/Proposer, 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
response for the same items/services or with the City of Miami's Purchasing Department or initiating
department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other
illegal action. Bidder/Proposer 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/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that
contracts between private entities and local governments are subject to certain laws and regulations,
including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor
agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect
the goods or equipment offered, including but not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client
Page 12 of 43
Invitation for Bid (IFB) 52028,2
because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following:
employment practices, rate of pay or other compensation methods, and training selection.
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Minority/Women Business Affairs Enterprise (M/WBE) City Ordinances No. 10062, 10538, 11272, as
amended, as applicable to this Formal Solicitation.
E. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
F. Uniform Commercial Code (Florida Statutes, Chapter 672).
G. Americans with Disabilities Act of 1990, as amended.
H. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
I. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
J. City Procurement Ordinance City Code Section 18, Article III.
K. Conflict of Interest, City Code Section 2-611;61.
L. Cone of Silence, City Code Section 18-74.
M. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
N. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation.
Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a
condition precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility.
Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds
for termination of contract(s).
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 RFP, 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 IFBs (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 and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
oral communications with the City purchasing staff regarding Minority/Women Business Enterprise
(M/WBE) and local vendor outreach programs; oral communications, 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 -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, RFLI or IFB (bid) documents (See Section 2.2. of the Special
Conditions); or 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.
Page 13 of 43
Invitation for Bid (IFB) 52028,2
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 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 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 Code Section 18-74 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.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida
Sunshine Act and Public Records Law. If this Contract/Agreement 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/Proposers, by responding to this Formal Solicitation, certify
that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami
is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal
Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in
writing to the City. Further, you must 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 your firm.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers 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/proposers 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/PROPOSER - All expenses involved with the preparation and
submission of Responses to the City, or any work performed in connection therewith shall be borne by the
B idder(s)/Propos er(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and 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 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 and 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 or 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 nonresponsibility. 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 or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
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(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which a civil penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a
certification that neither the Contractual Party nor any of its principal owners or personnel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall
render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall
be provided promptly to the Contractual Party, along with a notice of said parry's right to seek judicial
relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on a contract to provide 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, may not submit response on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under 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/Proposer 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/Proposer to meet any terms of this agreement, the City will notify
the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays
excluded) to remedy the default. Failure on the contractor's part to correct the default within the required
three (3) days shall result in the Contract being terminated and upon the City notifying in writing the
contractor of its intentions and the effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the
time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to
the degree specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to
ensure timely completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or
making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the
successful Bidder/Proposer 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.
1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it
is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response 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 Response
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non -responsive.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the
response shall be fixed after the award 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(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for
a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer
to Bidder/Proposer will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in
the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing
Department. Should it be found necessary, a written addendum will be incorporated in the Formal
Solicitation and will become part of the purchase agreement (contract documents). The City will not be
responsible for any oral instructions, clarifications, or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving
precedence to the following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency
or disaster situation, the successful vendor shall provide the City with the commodities/services defined
within the scope of this formal solicitation at the price contained within vendor's response. Further,
successful vendor shall deliver/perform for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this
City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response
and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs,
RFQs, and RFLIs, 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 agreement conflicts with, modifies, alters or
changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal
Solicitation and then the Response shall control. This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your
guidance only. 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 this contract. Said estimates may be used by the City for purposes of determining the low bidder or most
advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities
at the prices bid/proposed or at lower prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates or conceals any material fact in the Response ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may
reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best
interest of the City.
B. Elimination From Consideration
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1) A 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 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 deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in
accordance with the City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing
the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer 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. The terms
"equipment and organization" as used herein shall be construed to mean a fully equipped and well
established entity in line with the best industry practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications
and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other
governmental entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof 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.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered
non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if
exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating
negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices
quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery
costs and charges included in the bid/proposal price, unless otherwise specified in this Formal
Solicitation. Failure to do so may be cause for rejection of bid/proposal.
1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its
response will be firm throughout the duration of the contract unless otherwise specified in the Formal
Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or
contracts, which are to be performed or supplied over a period of time.
1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-105)
(a) The 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.
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.
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Service contracts means contracts for the procurement of services by the city which include professional
services.
Services includes, 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.
1.39. FLORIDA MINIMUM WAGE The Constitution of the State of Florida, Article X, Section 24,
states that employers shall pay employee wages no less than the minimum wage for all hours worked in
Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and
comply with this Florida constitutional minimum wage requirement and pay its employees the current
established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using
the consumer price index 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.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full
responsibility to determine whether any of its employees may be impacted by this Florida Law at any given
point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s),
job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of
submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that
the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of
any contractual price increase request(s). The City reserves the right to request and successful
bidder/proposer must provide for any and all information to make a wage and contractual price increase(s)
determination.
1.40 CITY OF MIAMI LIVING WAGE ORDINANCE- The City of Miami adopted a living wage
ordinance for city service contracts awarded by the city containing a total contract value exceeding
$100,000 annually for the following services: food preparation and/or distribution; security services;
routine maintenance services such as custodial, cleaning, computers, refuse removal, repair, refinishing and
recycling; clerical or other non -supervisory office work, whether temporary or permanent; transportation
and parking services; printing and reproduction services; landscaping, lawn, and or agricultural services.
If this solicitation requires the aforementioned services, effective on April 1, 2007, contractors must pay
its' employees a living wage no less than $10.92 an hour with a health benefit plan and not less than $12.17
an hour without health benefits, which shall be adjusted annually by no later than April 1st following the
publication of the U.S Department of Health and Human Services Poverty Guidelines, as published from
time to time.
A service contractor is defined as any "for profit" individual, business entity, corporation, partnership,
limited liability company, joint venture, or similar business: (1) 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 either directly or
indirectly, whether by competitive bid process, informal bids, requests for proposals, some form of
solicitation, negotiation, or agreement, or any other decision to enter into a contract; and, (2) The service
contractor is engaged in the business of, or part of, a contract or a subcontract to provided covered services,
either directly or indirectly, for the benefit of the city. This does not aply to contracts related primarily to
the sale of products or goods.
The service contractor, prior to entering any such contract, must certify to the city that it will pay each of
its covered employees no less than the living wage. A copy of this 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
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(5) A commitment to pay all covered employees the living wage.
A copy of the living wage rate shall be kept posted by the service contractor 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 shall
furnish a copy of the requirements of the City of Miami Living Wage Ordinance 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 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 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.
Service Contractors and their subcontractors agree to produce all documents and records relating to payroll
and compliance this Ordinance. Each service contractor shall maintain payroll records for all covered
employees and basic records relating thereto and shall preserve them for a period of three (3) 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 of information the city require from time to time.
Every six months, the service contractor 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 period covered by the service contract. The city may examine payroll records as
needed to ensure compliance.
Failure to comply with the City of Miami Living Wage Ordinance may result in legal action by the
covered employee or former covered employee as allowed by Florida Law, court impose sanctions, city
impose sanctions, such as pay wage restitution, impose monetary damages, suspension or termination of
payment, termination of contract, and debarment.
Please review City of Miami Code Section 18-556 through Section 18-559 for a complete and thorough
description of the City of Miami Living Wage.
1.41. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by
the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this
Contract shall take place in Miami -Dade County, Florida.
1.42. HEADINGS .AND TERMS - The headings to the various paragraphs of this 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 provisions hereof.
1.43. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any
person 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
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the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential;
E. Making Protected Health Information (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 (paper records,
and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its
privacy information practices including specifically, a description of the types of uses and disclosures that
would be made with protected health information.
1.44. INDEMNIFICATION - The Contractor shall indemnify and save harmless forever the City, and all
the City's agents, officers and employees from and against all charges or claims resulting from any bodily
injury, loss of life, or damage to property from any act, omission or neglect, by itself or its employees; the
Contractor shall become defendant in every suit brought for any of such causes of action against the City or
the City's officials, agents and employees; the Contractor shall further indemnify City as to all costs,
attomey's fees, expenses and liabilities incurred in the defense of any such claims and any resulting
investigation.
1.45. INFORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all
information requested in the spaces provided in the Formal Solicitation. Further, as may be specified
elsewhere, each Bidder/Proposer 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 response or on file with the Buyer will not satisfy this
provision.
1.46. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect 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 Contractor under this Contract conform to the terms and
conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities
and assistance to facilitate the performance of tests or inspections by City representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance
No. 12271 (Section 18-79), as same may be amended or supplemented from time to time.
1.47. INSPECTION OF RESPONSE - Responses 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 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be
furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation.
Tabulations also are available on the City's Web Site following recommendation for award.
1.48. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor,
shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of
coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled
"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
insurance certificate is received within the specified time frame but not in the manner prescribed in this
Solicitation the 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 Contractor fails to submit the required
insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after
receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall
not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from
submitting future responses to the City. Information regarding any insurance requirements shall be directed
to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami,
Florida 33130, 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in
conjunction with this Section remain in effect for the duration of the contractual period; including any and
all option terms that may be granted to the Bidder/Proposer.
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1.49. INVOICES - Invoices shall contain purchase order number and details 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).
1.50. LOCAL PREFERENCE - City Code Section 18-85, states that the City Commission may offer to a
responsible and responsive bidder/proposer, 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/proposer.
1.51. MANUFACTURER'S CERTIFICATION -The City reserves the right to request from
bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal.
Failure to provide such certification may result in the rejection of bid/proposal or termination of
contract/agreement, for which the bidder/proposer must bear full liability.
1.52. MINORITY/WOMEN PROCUREMENT PROGRAM - Ordinance No. 10062, as amended, titled
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 ways. All bidders/proposers doing business with the
City are encouraged to include the participation of minority firms in their response. In evaluating
bids/proposals 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 responses.
Possible ways to include minority participation would involve:
A. Joint venture with a minority firm(s)
B. Utilizing minority firm(s) as subcontractor(s).
C. Utilizing minority firm(s) to supply goods and/or services.
D. Successful implementation of well defined affirmative action program.
E. Other forms of minority participation, if properly documented.
Successful bidder(s)/proposer(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.
A "Minority Status Information Sheet" is provided to assist bidders/proposers in presenting information
concerning minority participation.
Minority and women -owned business firms are encouraged, but not required, to register with the City prior
to submitting a response. The Purchasing Department, Minority/Women Business Affairs Office, will
provide the necessary forms and instructions upon request. All bidders/proposers are urged to submit
responses for any goods or services that they are able to supply, regardless of minority classification.
However, compliance with all requests for information regarding Minority/Women Status or Participation
is required. Bidder's/Proposer's cooperation is greatly needed to aid the City in achieving its goal.
Bidders/Proposers may contact this Office at (305) 416-1913 for information.
1.53. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No
contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if
applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City
of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the
contract, purchase order or award sheet as appropriate.
1.54. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed
or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create
any other similar relationship between the parties.
1.55. 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
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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 Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in
the response and/or Purchase Order may result in bidder/proposer being found in default in which event
any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these
stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list.
1.56. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex,
color, age, religion, national origin, marital status, or disability in connection with its performance under
this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall
solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be
excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any
program or activity.
In connection with the conduct of its business, including performance of services and employment of
personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion,
disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be
afforded equal opportunity for employment.
1.57. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its
best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts
for these herein goods and/or services, and to make use of other competitively bid (governmental)
contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be
available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of
the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction
with this Formal Solicitation.
In addition, any and all commodities, equipment, and 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 this solicitation, unless such purchases are
determined to be in the best interest of the City.
1.58. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business
location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the
City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of
Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational
License Tax requirements. A copy of the license must be submitted with the response; however, the City
may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City
during the evaluation period, but prior to award.
1.59. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or
joint venture will be considered in response to this Formal Solicitation. When submitting an alternate
response, please refer to the herein condition for "Alternate Responses May Be Considered".
1.60. 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/Proposer
pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by
the Bidder/Proposer for any other purposes whatsoever without the written consent of the City.
1.61. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person
or circumstance shall to any extent be held invalid, then the remainder of this 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 this Contract shall be valid and enforced to the fullest extent
permitted by law.
1.62 PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a
Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred
percent (100%) of the contract price.
1.63. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to
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Invitation for Bid (IFB) 52028,2
examine the specifications, required delivery, drawings, and all special and general conditions. All
bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink.
Failure to do so will be at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The
Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address,
and telephone number on the face page and on each continuation sheet thereof on which he/she makes an
entry, as required.
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/Proposer shall include in the response all taxes, insurance, social security, workmen's
compensation, and any other benefits normally paid by the Bidder/Proposer 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 be presumed correct.
C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods
and/or services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in
ink with the firm's name and by an officer or employee having authority to bind the company or firm by
his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person
signing the response or the response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the
Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS,
UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE
RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE.
1.64. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by
reason of market change or on the part of the contractor to other customers shall be passed on to the City of
Miami.
1.65. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's
product becomes unavailable during the term of the Contract, the Contractor awarded that item may
arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or
lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds
all quality requirements.
1.66. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
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 this Contract and that it 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 this Contract.
1.67. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers 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/Proposer must enter zero (0) for
the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is
understood and agreed that the terms shall be 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
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is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash
discount, the City is entitled to a cash discount with the period commencing on the date it is determined by
the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful
bidders/proposers during the term of the contract.
1.68. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such
property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City
of Miami. Damages to such property occurring while in the possession of the Contractor shall be the
responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami
shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total
loss, the Contractor shall be responsible for replacement value of the property at the current market value,
less depreciation of the property, if any.
1.69. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all
covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
1.70. 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 submit a response 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, may not submit responses 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, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
1.71. PUBLIC RECORDS - 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 of Miami 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. Contractor's failure or
refusal to comply with the provision of this section shall result in the immediate cancellation of this
Contract by the City.
1.72. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All
materials used in the manufacturing or construction of supplies, materials, or equipment covered by this
solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality,
and of the highest grade of workmanship, unless as otherwise specified in this Solicitation.
1.73. QUALITY OF WORK/SERVICES - The work/services performed must 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 this Solicitation.
1.74. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a
formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be
cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be
applicable, or revised to comply with the law.
1.75. RESOLUTION OF CONTRACT DISPUTES (Sec. 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 controversies between the Contractual Party 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 controversies 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
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Invitation for Bid (IFB) 52028,2
party shall not be entitled to such judicial relief without first having followed the procedure set forth in this
section.
1.76. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 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.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1.Protest of Solicitation.
i. 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
ii. Any prospective bidder who intends to contest the Solicitation Specifications or a 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 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.
i. Any actual proposer who perceives itself aggrieved in connection with the recommended award of
Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be
filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the
City Manager's recommendation for award of Contract. The receipt by proposer of such notice shall be
confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of
intent to file a protest is considered filed when received by the Chief Procurement Officer; or
ii. 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.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer
within five (5) days after the date the notice of protest was filed. A written protest is considered filed when
received by the Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
assigning points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the
solicitation or the award is based, and shall include all pertinent documents and evidence and shall be
accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review
of the written protest and no facts, grounds, documentation or evidence not contained in the protester's
submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the
consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed
or allowed by this section, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is
neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be
excluded in the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the
approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief
Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting
party and shall submit said decision to the City Commission within 30 days after he/she receives the
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Invitation for Bid (IFB) 52028,2
protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be
submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by
the city attorney and the City Manager.
(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 parry'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.
(f) 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 $5000.00, 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.
1.77. 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)/proposer(s) will be notified to remove samples,
at their expense, within 30 days after notification. Failure to remove the samples will result in the samples
becoming the property of the City.
1.78. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell,
assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or
assign any portion of the performance required by this contract, except under and by virtue of written
permission granted by the City through the proper officials, which may be withheld or conditioned, in the
City's sole discretion.
1.79. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty,
service and replacements that will be provided. Bidders/Proposer must explain on the Response to what
extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable,
should be submitted with your response.
1.80. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any
supplemental 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 are to be used. All workmanship and services is
to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department of General Services, to supply the
items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply
with this request will result in disqualification of bid/proposal.
1.81. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via
the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500
Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as
designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend
the solicitation closing; however, no award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope,
box or package must show the hour and date specified for receipt of responses, the solicitation number and
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Invitation for Bid (IFB) 52028,2
title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the
requisite Response Forms may be rejected. Hardcopy responses received at any other location than the
specified shall be deemed non -responsive.
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE.,
TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1
BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN
AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: US 1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and
strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by
the United States mail delivery or caused by any other occurrence. Responses received after the
solicitation closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle
System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider
any subsequent submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be
placed in a separate envelope, box, or package and each envelope, box or package must contain the
information previously stated in 1.82.A.
1.82. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal
Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers
should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for
the completion of the 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/Proposer.
1.83. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate
this contract by written notice to the contractor effective the date specified in the notice should any of the
following apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the
contract.
B. The City has determined that such termination will be in the best interest of the City to terminate the
contract for its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is
contingent upon the availability of appropriate funds.
1.84 TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded
to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of
damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of
Miami.
Payment shall be made after delivery, within 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.
1.85. TI.MELY DELIVERY - Time will be of the essence for any orders placed as a result of this
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Invitation for Bid (IFB) 52028,2
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 on their Response. Deliveries are to be made during
regular City business hours unless otherwise specified in the Special Conditions.
1.86. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted
the goods/equipment or used the goods, whichever comes first.
1.87.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses
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 Response 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 your firm's name and the Solicitation number and title marked on the
outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any
person. By your designation of material in your Response as a "trade secret" you agree to indemnify and
hold harmless the City for any award to a plaintiff for damages, costs or attomey's fees and for costs and
attomey's fees incurred by the City by reason of any legal action challenging your claim.
1.88. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified
Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a
change order or purchase order is issued and received by the Contractor. The qualified
Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the
contract or any work performed by an employee not otherwise previously authorized.
1.89. 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 this Solicitation are to be mentioned, or imply the name of the City, without prior express
written permission of the City Manager or the City Commission.
1.90. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers
must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If
variations are not stated on their Response, it will be assumed that the product fully complies with the
City's specifications.
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Invitation for Bid (IFB) 52028,2
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for Elevator Maintenance Services - Citywide, as
specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with
the terms, conditions and stipulations of the solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Purchasing Department, Attn: Terry Byrnes, CPPB; fax: (305) 400-5230 or email: tbyrnes@ci.miami.fl.us.
The solicitation title and number shall be referenced on all correspondence. All questions must be received
no later than Wednesday, October 31, 2007. All responses to questions will be sent to all prospective
bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY
OR AFTER SAID DEADLINE.
2.3. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with
the option to extend for two (2) additional one (1) year periods, 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.
2.4. PARTS - PASS THROUGH COST
All cost for parts will be a pass -through to the City of Miami. Successful Bidder will submit purchase
receipt of parts along with labor invoice for payment.
Contractor shall be responsible for sourcing all parts necessary to complete the work requirements of each
job specification(s) of this contract. Replacement parts furnished must be of the same manufacturer or an
equal product. All equipment and materials shall be commercial quality and grade, and be from a regular
product line. Prototype, obsolete, and residential quality/grade equipment shall not be specified or installed
in the facility.
2.5. LABOR FIXED AND FIRM PRICING
The bidder warrants that the monthly labor prices quoted by department/facility will be firm and fixed
throughout the full duration of the contract. Bidder shall include in the Bid all taxes, insurance, social
security, workmen's compensation, and any other benefits normally paid by the Bidder to its employees.
No overtime will be authorized by the City which exceeds the rates quoted in this Bid or not authorized by
the City. Payments will be made monthly, in arrears, for services rendered the previous month, upon
submission of properly certified invoices and/or approved inspections reports. All such information shall be
provided to the Contract Administrator and/or her designee for his/her approval in advance of payment.
Successful bidder will not be compensated by the City should he/she be unable to provide to the Contract
Administrator proof that required minimum monthly maintenance work was performed for a particular
facility(s).
Successful bidder's monthly rate price for a full service contract, on a per facility basis as specified in this
IFB, shall include all labor, supervision, and materials. Any work beyond normal working hours (overtime
or holiday time) would be paid when same is required by the City, via a call -out. Successful bidder
understands that this time would be compensated in accordance with the pre -established overtime hourly
rate upon the elevator/s being put into service (normal operating capability). Should this not be possible,
thus requiring service on one (1) or more subsequent workdays (Monday through Friday, regular hours),
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Invitation for Bid (IFB) 52028,2
the vendor agrees the City would not be charged for the premium time concerned.
2.6. PAYMENT
Payment will be made upon final completion and acceptance of work done. The City will pay the contract
price minus any liquidated damages, per Section 2.24 and/or other damages to the Contractor upon final
completion and acceptance.
2.7. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions
established herein.
(2) Availability of funds
In the event the Contractor is unable to extend the contract for any subsequent period under the above
conditions, or for whatever cause, advance written notice and explanation must be submitted to the Chief
Procurement Officer, no later than ninety (90) days prior to the annual expiration date. Such notification is
subject to the acceptance of the City, or the Contractor may be found to be in default.
2.8. 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 Contractor or
his assignee of such occurrence, shall have the unqualified right to terminate the contract without any
penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any
project(s) will be awarded to any firm(s).
2.9. METHOD OF AWARD
Award of this contract will be made to the lowest responsive and responsible bidder who bids on all items
and whose bid offers the lowest price when all items are added in the aggregate. Failure to bid on all items
shall deem your bid non -responsive.
2.10. SITE INSPECTIONS
Each prospective bidder is highly encouraged, prior to submitting a bid, to inspect each site to acquaint
himself/herself with the needs and requirements of the specified job. The prospective bidder is further
required to carefully examine the specifications and to inform himself/herself thoroughly, regarding any
and all conditions and or requirements that may in any manner affect the work to be performed.
2.11. BIDDERS MINIMUM REQUIREMENTS
Bids will be considered only from firms that are regularly engaged in the business of providing
commercial elevator maintenance services, as described in this solicitation. The Bidder shall:
A) Be fully licensed to perform the work described herein (Certification as Master, Elevator Maintenance
and Service, from Miami -Dade County or from the State of Florida), shall provide current copies of said
licenses, along with all information requested in the Bid, or elsewhere, by the City. Failure to be properly
licensed shall be cause to deem your bid non -responsive.
B) Have been in the specific business of commercial elevator maintenance and repair and is in good
standing for not less than five (5) years and that:
1. The five (5) years experience specified above must cover at least the same types of equipment as found
in various facilities of the City.
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2. The experience specified above must include maintenance and service of at least one building having a
minimum of five (5) serviced floors or more.
C) Provide a technician or technicians of only the highest caliber and who have at least three (3)
consecutive years of experience working on the type of equipment as found in the City's facilities.
D) Have no record of pending lawsuits which are deemed material by the City or criminal activities and
not have any conflicts of interest with the City.
E) Not submit a bid should the contractor have any member, officer, or stockholder that is in arrears or is
in default of any debt or contract involving the City, is a defaulter or surety otherwise, upon any obligation
to the City, and/or has failed to perform faithfully any previous contract with the City.
F) Identify and submit a reference list of commercial/governmental customers where you service at this
time or have serviced within the past two (2) years that conform to the above mentioned
requirements. Supplier understands that the City may contact all of the customers denoted and that an
adverse report with regards to safety, performance, quality, or response time (pertaining to call -outs and
repair time) may be grounds to deem your bid non -responsive. Not listing a customer will also be grounds
for non -responsiveness. References will be used as a disqualifier to perform work under this IFB should
they reveal poor performance.
2.12. SUBCONTRACTORS
No work shall be performed by subcontractors.
2.13. CERTIFICATE OF COMPETENCY
Any person, firm, corporation or joint venture who offers a bid, at the time of such bid, shall hold a valid
Miami -Dade County Certificate of Competency or State of Florida License for Master, Elevator
Maintenance issued by the State or County Examining Board qualifying said person, firm, corporation or
joint venture to perform the work proposed.
2.14. FAILURE TO PERFORM
Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken
within 48 hours of any failure to perform according to specifications, the City reserves the right to declare
Contractor in default of the contract or make appropriate reductions in the contract payment pursuant
to Section 2.23, Liquidated Damages.
2.15. INSURANCE REQUIREMENTS
INDEMNIFICATION
Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and
all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the
provisions of the contract, including all acts or omissions to act on the part of bidder, including any person
performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses
and causes of such action are not attributable to the negligence or misconduct of the City and, from and
against any orders, judgments or decrees which may be entered and which may result from this Contract,
unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof.
The bidder shall furnish to City of Miami, c/o Purchasing 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) Worker's Compensation
A. Limits of Liability - Statutory - State of Florida
(2) Commercial General Liability:
A. Limits of Liability
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Bodily Injury and Property Damage Liability - Each Occurrence: $I,000,000
General Aggregate Limit: $2,000,000
Personal and Adv. Injury. Products and Completed Operations and Fire Damage: $1,000,000.
B. Endorsements Required:
City of Miami included as an Additional insured. Employees included as insured. Contractual
Liability.
(3) BusinessAutomobile Liability
A. Limits of Liability
Bodily injury and property damage liability combined single limits. Any Auto, including hired,
borrowed or owned, or non -owned autos used in connection with the work - $1.000.000
B. Endorsements Required:
City of Miami included as an Additional Insured
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the bidder.
All insurance policies required above shall be issued by companies authorized to do business under the
laws of the State of Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial
strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification
by Risk Management prior to insurance approval.
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 bidder of his liability and obligation
under this section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be
responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10)
calendar days in advance of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which cover
the contractual period, the City shall:
(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 Bidder in conjunction with the General and Special Terms and Conditions of the Bid.
The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in force for the duration of the contractual period; including any and all option terms that
may be granted to the Bidder.
2.16. RESPONSE TIME
Successful Bidder will enable its technicians a timely response to emergency and non -emergency calls in
compliance with the following:
1. Emergency: Within one (1) hour.
2. Non Emergency: Within four (4) hours.
3. Project Estimates: Within two (2) days.
2.17. COMPLETED WORK
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The City shall be notified by the Contractor upon completion of work. The City shall inspect and approve
completed work before authorizing payment. Work not satisfactorily completed shall be redone by the
Contractor at no additional charge to the City.
2.18. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS
Although this Solicitation identifies specific facilities/items/products to be serviced, it is hereby agreed and
understood that any facility/item/products may be added/deleted to/from this contract at the option of the
City. When an addition to the contract is required, the successful bidder(s) under this contract shall be
invited to submit price quotes for these new services/items/products. If these quotes are comparable with
market prices offered for similar services/items/products, they shall be added to the contract whichever is in
the best interest of the City and an addendum and a separate purchase order shall be issued by the City.
2.19. CONTRACT ADMINISTRATORS
Upon award, contractor(s) shall report and work directly with the Contract Administrator(s) for
each facility listed herein. Upon award, successful bidder(s) will work directly with the department contract
administrator or designee. Currently, listed below are the Contract Administrators.
MRC Building: Jose Velazquez, (305)416-1465
Police Department: Ofcr. Martin Garcia, Police, (305)603-6146
Fire Rescue Headquarters: Chief Allen Joyce, (305)416-5406
Fire Rescue Training Center: Chief Allen Joyce, (305)416-5406
GSA Administration Building: Chuck Postis, (305)329-4736
Miami City Hall Building: Chuck Postis, (305)329-4736
Coconut Grove Expo Center: Dan Newhoff, (305)579-6341
Manuel Artime Auditorium: Lilia Varas, (305)575-5057
Manuel Artime Community Center: Lilia Varas, (305)575-5057
Solid Waste Building: Barbara Pruitt, (305)575-5106
2.20. SUPERVISION
Contractor shall assign one working "On Duty" Supervisor when designated by the contract administrator
or his/her designee. Contractor shall also advise the name and telephone number where a responsible
Supervisor, or the Contractor, may be reached at any time for purposes of taking complaints and receiving
information as to daily contract performance. In the event the assigned Supervisor demonstrates an
inability to properly supervise his/her personnel as determined by the contract administrator or his/her
designee, then the contract administrator or his/her designee have the authority to request the immediate
dismissal of said Supervisor of his/her responsibilities at the facility and Contractor is to assign another
individual upon four (4) hour notice (if requested by the City) to supervise staff in a satisfactory manner as
determined by the contract administrator or his/her designee. The City shall only be liable for payment of
the actual hours worked by said Supervisor(s).
2.21. WORKMANSHIP AND MATERIALS
All parts installed and materials used in performance of this contract shall be unused, and or new (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 codes and regulations, so as to ensure safe and functional operation. The City shall be the sole
judge as to parts and workmanship.
2.22. TIE BIDS
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Invitation for Bid (IFB) 52028,2
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 is has implemented a drug -free workplace program shall be given preference in the award
process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a
drug -free workplace program. In order to have a drug -free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the action that
will be taken against employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that are under Bid a
copy of the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under Bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is so
convicted.
(6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this
section.
2.23. LIQUIDATED DAMAGES
Upon failure to perform, as stated in Section 2.14, or to complete the project in accordance with the
specifications and to the satisfaction of the City within the time stated, the bidder shall be subject to
assessment of liquidated damages in the amount of $25.00 for each and every calendar day the work
remains incomplete (not to exceed the total amount of the contract), as compensation due to the City for
loss of use and for additional costs incurred by the City due to such noncompletion of the work. The City
shall have the right to deduct said liquidated damages from any amount due or that may become due to the
bidder under this agreement or to invoice the bidder for such damages if the costs incurred exceed the
amount due to the bidder.
2.24. USE OF PREMISES
The contractor shall confine his/her equipment, apparatus, the storage of materials, and the operation of
his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager,
and shall not unreasonably encumber the premises with his/her materials. The contractor shall take all
measures necessary to protect his own materials.
2.25. HOURLY LABOR RATES
The hourly rate quoted shall include full compensation for labor, equipment use, travel time, and any other
cost to the bidder.
Hourly labor rates are specified as follows :
1. Hourly rate for straight time repairs, i.e., from 8:00 A.M. to 5:00 P.M., Monday through Friday (rate is
to include labor and travel; parts are not included).
2. Hourly rate for overtime repairs, i.e., after 5:00 P.M. and before 8:00 A.M., Monday through Friday
and Weekends (rate to include labor and travel; parts not included).
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Invitation for Bid (IFB) 52028,2
3. Hourly rate for Holiday repairs (rate to include labor and travel; parts not included).
2.26. OVERTIME LABOR HOURS
The City shall allow overtime payment at a maximum rate of one and a half times the regular hourly wages
quoted by the bidder and must be based on the City of Miami Living Wage Ordinance rates.
The City shall allow holiday payment at a maximum rate of twice the regular hourly wages quoted by the
bidder and must be based on the City of Miami Living Wage Ordinance rates.
These allowances shall only be provided in those instances where expressly authorized by a representative
of the City prior to the commencement of the overtime work. Further, overtime work shall not be allowed
during the normal work day.
2.27. WARRANTY, FITNESS FOR PURPOSE
The vendor warrants the materials supplied and the work performed under this contract conform to
wan-anty materials provided and work performed for one (1) year from date of completion.
In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products
and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the
date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall
remain in force for the full one (1) year period; regardless of whether the bidder is under contract with the
City at the time of any defect. Any payment by the City on behalf of the goods or services received from
the bidder does not constitute a waiver of these warranty provisions.
The bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within five
(5) calendar days after the City notifies the bidder of such deficiency in writing. If the bidder fails to honor
the warranty and/or fails to correct or replace the defective work or items within the period specified, the
City may, at its discretion, notify the bidder, in writing, that the bidder may be debarred as a City bidder
and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction
of the City within ten (10) calendar days of receipt of the notice. If the bidder fails to satisfy the warranty
within the period specified in the notice, the City may (a) place the bidder in default of its contract, and/or
(b) procure the services from another vendor and charge the bidder for any additional costs that are incurred
by the City for this work or items; either through a credit memorandum or through invoicing.
2.28. REFERENCES
Each bid must be accompanied by a list of references which can be found in the Header Section, if bidder
submits bid electronically or on pages 4 thru 6, if bidder submits a hardcopy bid, which shall include the
name of the company, dates of contract, description of goods supplied, a contact person and the telephone
number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST.
2.29. CONTRACTOR TO BE REPRESENTED
The contractor at all times must either be personally present at the worksite or be represented at the
worksite by a responsible agent or agents designated by the contractor in written notice to the City prior to
the beginning of work. Such notification shall include pertinent data such as addresses, phone numbers,
etc., where said agent or agents may be contacted at any time of the day or night. The agent or agents shall
be clothed with full authority to act for the contractor in all cases, and to carry out any instructions relative
to the work may be given by the City.
2.30. LICENSES, PERMITS AND FEES
The bidder shall obtain and pay for all licenses, permits, and inspection fees required for this solicitation, if
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Invitation for Bid (IFB) 52028,2
applicable, and shall comply with all laws, ordinances, regulations, and any other code requirements
applicable to the work contemplated herein. Damages, penalties, and or fines imposed on the City or the
bidder for failure to obtain required licenses, permits, or fines shall be borne by the bidder.
2.31. PUBLIC CONVENIENCE AND SAFETY
The contractor shall conduct his/her work so as to interfere as little as possible with private business or
public travel. He/She shall, at his/her own expense, whenever necessary or required, maintain barricades,
maintain lights, and take such other precautions as may be necessary to protect life and property, and he/she
shall be liable for all damages occasioned in any way by his/her actions or neglect or that of his/her agents
or employees.
The contractor shall meet the following noise abatement performance standards for all construction
equipment:
Between the hours of 7:00 A.M. and 6:00 P.M. noise levels shall not exceed 80 dBA at the nearest
residential or commercial property line.
Operation of equipment should be avoided between the hours of 6:00 P.M. and 7:00 A.M., but if required,
the noise level shall not exceed 65 dBA.
2.32. SAFETY MEASURES
Contractor shall take all necessary precautions for the safety of employees, and shall erect and properly
maintain at all times all necessary safeguards for the protection of the employees and the public. Danger
signs warning against hazards created by his/her operation and work in progress must be posted.
All employees of contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and
hearing protection when and wherever applicable. The contractor shall use only equipment that is fully
operational and in safe operating order. Contractor shall be especially careful when servicing property
when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed.
2.33. QUALITY OF WORK
All work shall be performed using superior maintenance standards and techniques. The frequencies
established for repetitive maintenance tasks are minimum frequencies, which must be increased if deemed
necessary and requested by the City.
2.34. HOLIDAYS
Legal Holidays for the City of Miami include the following:
1. New Year's Day
2. Martin Luther King's Birthday*
3. Washington's Birthday*
4. Memorial Day
5. Fourth of July
6. Labor Day
7. Columbus Day*
8. Veteran's Day*
9. Thanksgiving Day
10. Friday after Thanksgiving Day*
11. Christmas Day
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Invitation for Bid (IFB) 52028,2
*Dates as indicated shall not be considered legal holidays for Successful Bidder.
2.35. TERMINATION
A. FOR DEFAULT
If Contractor defaults in its performance under this Contract and does not cure the default within 30 days
after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon
written notice without penalty to the City of Miami. In such event the Contractor 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 Contractor was not in default or (2) the Contractor's failure to perform is
without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a
termination for the convenience of the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 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 Contractor will be compensated
in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so
terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions
of the Contract for those services rendered prior to termination.
2.36. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the bid 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
bid. If submitted either purposely, through intent or design, or inadvertently, appearing separately in
transmittal letters, specifications, literature, price Iists or warranties, it is understood and agreed that the
General and Special Conditions in this bid solicitation are the only conditions applicable to this bid and that
the bidder's authorized signature affixed to the bidder's acknowledgment form attests to this.
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Invitation for Bid (IFB) 52028,2
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
3.1 BACKGROUND
The City is seeking to secure a full service maintenance Contractor for each of its elevators listed below in
an "as is" condition, without exceptions.
3.2 FACILITIES
The following facilities are to be included under the terms of the Contract. The number and location(s) of
elevators under Contract may be decreased or increased by the City at any time, in the best interest of the
City. Subsequent to award, the successful bidder will be provided with the names of the facility liaisons for
purposes of response, inspections, maintenance, and the provision of all required services.
Number of Landings
3.2.1. Miami Police Department, North Substation
1060 N.W. 62nd Street
Miami , Florida
One (1) passenger elevator 2 landings
3.2.2. Miami Police Department, South Substation
2200 West Flagler Street
Miami, Florida
One (I) passenger elevator 2 landings
3.2.3. Miami City Hall Building
3500 Pan American Drive
Miami, Florida
One (1) passenger elevator 2 landings
3.2.4. Coconut Grove Expo Center (Subject to Demolition)
2700 S. Bayshore Drive
Miami, Florida
One (1) passenger elevator 2 landings
3.2.5. Miami Fire/Rescue Training Center
3425 Jefferson Street
Miami, Florida
One (1) passenger elevator 6 landings
3.2.6. Fire/Rescue Headquarters Building
1151 N.W. 7th Street
Miami, Florida
One (1) passenger elevator
3 landings
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3.2.7. Solid Waste Building
1290 N.W. 20th Street
Miami, Florida
One (1) passenger elevator 2 landings
3.2.8. General Services Administration Building
1390 N.W. 20th Street
Miami, Florida
One (1) passenger elevator 2 landings
3.2.9. Manuel Artime Community Center
970 S.W. 1st Street
Miami, Florida
One (1) passenger elevator 4 landings
3.2.10. Manuel Artime Auditorium (Stage)
900 S.W. 1st Street
Miami, Florida
One (1) ADA handicap lift 1 landing
SUCCESSFUL BIDDER SHALL PROVIDE ALL OF THE REQUIRED SERVICES AT ALL
LOCATIONS.
3.3. MINIMUM SCOPE OF WORK
The following represents the minimum performance requirements for each facility and each elevator.
In regards to covered workmanship and materials, tests, work repairs and replacements, all the
aforementioned shall conform to the American Safety Code as prescribed in the most recent version of the
South Florida Building Code. Only genuine manufacturer's parts or equals approved by the Contract
Administrator (with written authorization) shall be used in repairing respective elevator units.
Items to be covered, but not limited to, are as follows under this section and are applicable for traction and
hydraulic -type elevators on a monthly basis.
1) Normal Traction -Type Elevator Coverage to be performed, at a minimum, on a monthly basis:
A) Examine, Clean, Lubricate (Refilling the hydraulic Tank with Hydraulic Oil, if needed), adjust, repair
or replace the following elevator related items:
1) Generators
2) Machines
3) Motor Driven Components, Solid State or otherwise
4) Controllers and Controller Components
5) Brakes
6) Hoisting Motors
7) Selector Motors
8) Wom Gears and Other Gears
9) Bearings
10) Rotating Elements
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Invitation for Bid (IFB) 52028,2
11) Brake Magnet Coils
12) Brushes and Commutators
13) Brake Shoes, Linings, and Pins
14) Windings and Coils
15) Contacts and Relays
16) Resistors and Transformers
17) Solid State Devices
B. IN ADDITION, THE CONTRACTOR WILL:
1) Ensure guide rails are properly lubricated.
2) Replace guide shoe gibs or rollers when required.
3) Relamp signals and elevator shafts when required.
4) Replace or repair control cables when required.
5) Furnish lubricants and examine, lubricate, adjust, repair, or replace the following when required:
a) Interlocks
b) Buffers
c) Overspeed Governors
d) Car and Counterweight Safety Devices
e) Limit, Landing, and Slowdown Switches
f) Alarm Bells
6) Conduct an annual no-load, low -speed test of car and counterweight safeties and buffers. These
items to be performed at the end of the contract period.
7) Conduct a "fifth year test" within the first thirty (30) days at the start of the contract to include a
complete evaluation of existing elevators and systems, a rated -load, rated -speed safety test, and a test of
governors and buffers.
8) Regularly (monthly) examine hoisting rope tension. Wire ropes and fastenings to be replaced as
needed.
9) Regularly (monthly) examine sheaves and associated assemblies and regroove or replace when
required.
10) Regularly examine and not less than once during the contract period, lubricate, adjust, repair, or
replace the following as required:
a) Car and Corridor Operating Stations
b) Car and Corridor Hangers and Tracks
c) Door Operating Devices
d) Door Gibs
e) Car Fans
11) Regularly (but not less than once during the contract period) clean elevator hatch equipment to
include:
a) Rails
b) Inductors
c) Hatch Door Hangers and Tracks
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Invitation for Bid (IFB) 52028,2
d) Related Devices, Switches, Buffers, and Car Tops
12) Regularly (but not less than once during the contract period) dismantle brake plunger assembly,
examine, replace worn parts, clean, lubricate, reassemble and adjust as required for proper operation.
13) The City understands that the Contractor is not responsible for the following unless the Contractor
is directly responsible for the damage of same during routine or non routine servicing:
a) Hoist way panels, door hinges, frames, gates, and sills
b) Cabs and Cab Flooring
c) Cab Doors, Gates, and Removable Cab Panels
d) Cab Mirrors and Handrails
e) Power Switches, Fuses, and Feeders to Controllers
f) Cab Light Fixtures and Lamps
g) Cover Plates (Signal Fixtures/Operating Stations)
h) Smoke Detectors
i) Cleaning of Cab Interior and Exposed Sills. Note: Excepting when technician's work involved
servicing components/hardware in the cab.
j) Emergency Power Generators
k) Intercom/Music Systems
1) HVAC Systems
14) Contractor shall make a minimum of one (1) inspection per month at each facility, and inspect
all elevators as part of the contractor's Preventative Maintenance Service and in accordance with all
Contract requirements. Contractor shall be required to meet with the Contract Administrator, or his/her
designated facility representative, at that location to inform him/her of the work to be performed. After
performing the work, Contractor shall present a signed statement to the City representative reflecting the
date of the visit and listing all of the specific work performed that date(s). Contractor Administrator or
designee must sign form and receive a copy of the form. Contractor shall not be paid unless Contractor
provides proof, at least on a monthly basis, of all work performed in accordance with specifications. This
signed statement, which may be provided by the Contractor or City but is approved by the Contract
Administrator, must accompany each invoice provided by Contractor for payment by the City to ensure
Contract compliance.
15) Contractor shall examine periodically all safety devices and governors, and shall make at least one
Annual Safety Test.
2) Normal Non -Traction -Type Elevator Coverage to be performed, at a minimum, on a monthly basis:
A) In addition to the specified preventative maintenance service such as inspections lubrication,
adjustment and cleaning, the parts listed below shall be repaired and/or replaced as conditions warrant and
on an as needed basis, at the Contractor's cost. Contractor shall be advised that this list is not limited to,
and/or inclusive of, all items to be covered unless specifically cited in the section listed below under "items
not included." All other parts, materials, and other items to ensure elevators are safe and in good working
order at all the sites cited herein shall be fully covered under this Contract.
1) Machines, worms, gears, thrust bearings, drive sheaves, drive sheaf shaft bearings, brake pulley(s),
brake coils, contacts, linings, and component parts.
2) Motors and motor generators, motor windings, rotating elements, communicators, brushes, brush
holder and bearing(s).
3) Pumps, pump motors, operating valve motors, leveling valves, plunger packings, exposed piping,
hydraulic flush tanks.
4) Controllers, selectors and dispatching equipment, relays, solid state components, transducers,
resistors, condensers, power amplifiers, transformers, contacts, leads, dishpots, timing devices, computers
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Invitation for Bid (IFB) 52028,2
and microcomputer devices, steel selector tapers, and mechanical and electrical driving equipment, lamps,
signals, and position indicating equipment.
5) Governor, governor sheaves and shaft assemblies, bearings, contacts and governor jaws, deflectors or
secondary sheaves, bearings, air and counterweight buffers car and counterweight guide rails, to t and
bottom limit switches, governor tension sheaves assemblies, compensating sheave assemblies,
counterweight and counterweight guide shoes including rollers or gibs.
6) Hoistway door interlocks and hangers, bottom door guides and auxiliary door closing devices.
7) Door operators, car door hanger, car door contacts, door protective devices, loadweighting
equipment, car frames, car safety mechanisms, car guide shoes, including gibs or rollers.
8) All wire ropes, hoisting ropes, resocket ropers for drum machines, conductor cables, hoistway and
machine room elevator wiring.
9) Furnish lubricants and hydraulic system oil relamp as required, conduct pressure relief valve tests(as
required by A.N.S.I. A-171 code), car fan, hatch equipment, piston seal/hoist.
10) Resistance for operating and motor circuit magnet frames and other mechanical or hydraulic parts,
and all other accessories necessary to insure safe, smooth, quiet operations.
3.4. ITEMS NOT INCLUDED IN PREVENTATIVE MAINTENANCE SPECIFICATIONS:
1) Cab Mirrors and handrails 6) Smoke detectors.
2) Emergency power generators 7) Interior or music system
3) Hoisting gates. 8) Door panels.
4) Door frames and sills. 9) Air conditioners or
heaters.
5) Wall panels. 10) Hanging ceiling.
3.5. EMERGENCY SERVICE
Services provided by the Contractor shall include Emergency (Breakdown) Ca11 Back Services, 24 hours
per day, seven (7) days a week, holidays included if necessary, in order to make necessary repairs and/or
adjustments in order to restore full service. Emergency calls from Police or Fire/Rescue, per Section 2.16,
Response Time, must be responded to with qualified personnel within one (1) hour maximum and four (4)
hours maximum for non-emergency/urgent calls, including response to any type of disrepair's, person(s)
stuck in elevator, slipping or dropping of elevator, whether considered an emergency or not, which renders
the elevator unusable or unsafe, including any safety deficiencies and/or other deficiencies noted by the
Contract Administrator(s), a Building and Zoning Elevator Inspector(s), Fire/Rescue Department or other
City official or agent thereof.
Full -service maintenance shall include all costs for personnel to repair elevator(s) Monday through Friday,
8:00 a.m. to 5:00 p.m.; Overtime ( Monday through Sunday (6:00 p.m. to 8:00 a.m.) and Weekends.
Overtime and Holiday repairs shall be paid to the successful bidder in accordance with rates specified in
the bid. Should repairs be needed on an overtime or holiday basis, the City will pay successful bidder for its
personnel for time spent at a facility(ies) only if the elevator(s) is repaired to the City's satisfaction the
same date of the visit. Therefore, successful bidder shall assign appropriate personnel to perform said
repair(s) that date. The City will not pay any invoice billed to the City in which an elevator(s) was not
repaired to the City's satisfaction on the same date as requested, or more than one(1) employee was sent to
a facility and the City billed, when only one mechanic was required to perform the work.
Sixty (60) days prior to the initial two year expiration date of this contract and again sixty (60) days prior
to each year end of the Option To Renew periods, a physical inspection shall be made of each elevator at
each location by a representative of the City accompanied by a representative of the Contractor. Any and
all deficiencies noted shall be corrected by the Contractor prior to the expiration date, and confirmed by the
City. Should the Contractor fail to perform in correcting noted deficiencies, if any, the City reserves the
right to either hold final monthly payment(s) for the services, or procure another Contractor to perform the
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Invitation for Bid (IFB) 52028,2
needed work and deduct this cost from the final payments (last 2 months). The City further may deem the
Contractor to be in violation of the Contract, and may be in default of the same as a result.
3.6. REPORTING REQUIREMENTS
Contractor shall forward to the Contract Administrator copies of all inspection and/or work order reports
for each facility no later than fifteen (15) working days following the respective action(s) taken on a
monthly basis.
3.7. PARTS
Per Section 2.4, Parts - Pass Through Cost, all materials and supplies requested by the City shall be
provided by the Successful Bidder and shall be at the Successful Bidder's actual cost and evidence of
Successful Bidder's cost shall be required.
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