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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: 64070 Invitation for Bid for Generator Replacement at Four (4) Fire Facilities Issue Date/Time: 10-DEC-2007 IFB Closing Date/Time: 23-JAN-2008 @ 13:00:00 Pre -Bid Conference: Voluntary Pre -Bid Date/Time: January 7, 2007 at 10:00 a.m. Pre -Bid Location: Miami Fire and Rescue Headquarters, 1151 NW 7th Street, Miami, to be followed directly to the three other locations Deadline for Request for Clarification: January 14, 2008 at 5:00 p.m. Buyer: Graham, Ms. Shannon Hard Copy Submittal Location: City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US Buyer E-Mail Address: sgraham@ci.miami.fl.us Buyer Facsimile: (305) 400-5355 Page 1 of 48 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 DISOUALIFY THIS BID. Page 2 of 48 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: . 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 48 Will Subcontractor(s) be used? (Yes or No) 1. Name and Address of Subcontractor: 1. Description of Work to be Performed 2. Name and Address of Subcontractor 2. Description of Work to be Performed Does the City of Miami Living Wage Ordinance apply to this formal solicitation? ( See Section 1.40 of the General Terms and Condtions) (Yes or No) Service Total Contract Amount( which includes base term and renewal options): Is this service contract a citywide contract? (Yes or No) If the above answer is no, please indicate the name of the city (end user) department that your contract will serve: Provide brief description of the project or service to be provided I/We hereby state compliance with the City of Miami Living Wage Ordinance, Section 18-556 through Section 18-559 as summarized in Section 1.40 of the General Terms and Condtions? (Yes or No) Name and Address of Company to Service Generator Sets and Transfer Switches at all Locations Page 4 of 48 Name and Telephone Number of Technician Servicing Generator Sets and Transfer Switches at all Locations Reference #1: Name and Address of Company Reference #1: Contact Name and Telephone Number Reference #1: Amount of Contract Reference #1: Detailed Description of Work Performed Reference #2: Name and Address of Company Reference #2: Contact Name and Telephone Number Reference #2: Amount of Contract Reference #2: Detailed Description of Work Performed Reference #3: Name and Address of Company Reference #3: Contact Name and Telephone Number Reference #3: Amount of Contract Reference #3: Detailed Description of Work Performed Page 5 of 48 Generator Set / Transfer Switch Service: Company Name and Address Generator Set / Transfer Switch Service: Service Technician Contact Name and Telephone Number Have you ever failed to complete any work awarded to you? If so, where and why Give owner names, email, phone #'s, surety, and project names for projects where your surety has intervened to assist in completion of the project. Name of your proposed project manager and supervisor and give detail of their qualifications and experience in managing similar work List and describe Performance or Payment Bond claims made to your surety during the last 5 years. List all claims, arbitrations, mediations, civil actions, administrative hearings and lawsuits brought by or against the bidder during the last 5 years. What is the nature and amount of the 3 largest change orders submitted by the bidder within the last 5 years. Have you ever failed to complete any work awarded to you? If so, where and why. Page 6 of 48 Line: 1 Description: Fire Rescue Headquarters, 1151 NW 7 St., Remove Old Generator, Furnish and Install New Generator, Manufacturer: Cummins/Onan (OR EQUAL) Category: 28539-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Manufacturer Model Number Warranty Period on Generator and Installation Line: 2 Description: Fire Station #2, 1901 N. Miami Avenue, Remove Old Generator, Furnish and Install New Generator, Manufacturer: Cummins/Onan (OR EQUAL) Category: 28539-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Manufacturer Model Number Warranty Period on Generator and Installation Line: 3 Description: Fire Station #5, 1200 NW 20th St., Remove Old Generator, Furnish and Install New Generator, Manufacturer: Cummins/Onan (OR EQUAL) Category: 28539-00 Unit of Measure: Each Unit Price: $ Manufacturer Number of Units: 1 Total: $ Page 7 of 48 Model Number Warranty Period on Generator and Installation Line: 4 Description: Fire Station #7, 314 Beacom Blvd., Remove Old Generator, Furnish and Install New Generator, Manufacturer: Cummins/Onan (OR EQUAL) Category: 28539-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Manufacturer Model Number Warranty Period on Generator and Installation Line: 5 Description: Generator Set and Transfer Switch Training - 4 hours - 10 trainees Category: 28539-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Page 8 of 48 Invitation for Bid (IFB) 64070 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. METHOD OF AWARD 29 2.4. BIDDERS MINIMUM QUALIFICATIONS 29 2.5. CERTIFICATE OF COMPETENCY 29 2.6. FAILURE TO PERFORM 29 2.7. EQUAL PRODUCT 29 2.8. INSURANCE REQUIREMENTS 30 2.9. SCHEDULE OF VALUES 31 2.10. COMPLETION TIME 31 2.11. PROGRESS PAYMENTS 31 2.12. ACCEPTANCE AND FINAL PAYMENT 32 2.13. PRE -BID CONFERENCE AND SITE VISIT 32 2.14. CONTRACT ADMINISTRATOR 33 2.15. SUPERINTENDENCE AND SUPERVISION 33 2.16. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED 33 2.17. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS 34 2.18. WORKMANSHIP AND MATERIALS 34 2.19. TESTING SUBMITTALS 34 2.20. MANUFACTURER'S INSTRUCTIONS 35 2.21. RECORD DOCUMENTS 35 2.22. OPERATION AND MAINTENANCE DATA 37 2.23. LICENSES, PERMITS AND FEES 42 2.24. TRENCH SAFETY ACT 42 2.25. TIE BIDS 42 2.26. BID BOND/SURETY BOND 42 2.27. PERFORMANCE BOND 43 2.28. LIQUIDATED DAMAGES 43 2.29. USE OF PREMISES 43 2.30. DAMAGES TO PUBLIC/PRIVATE PROPERTY 43 2.31. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS 43 2.32. WARRANTY BY MANUFACTURER 44 2.33. WARRANTY, FITNESS FOR PURPOSE 44 2.34. QUALITY AND MANUFACTURE 44 2.35. REFERENCES 44 2.36. CONTRACTOR TO BE REPRESENTED 45 2.37. SPECIFICATION EXCEPTIONS 45 2.38. PUBLIC CONVENIENCE AND SAFETY 45 2.39. SAFETY MEASURES 45 2.40. QUALITY OF WORK 45 2.41. TERMINATION 46 2.42. ADDITIONAL TERMS AND CONDITIONS 46 2.43. PRIMARY CLIENT (FIRST PRIORITY) 46 3. Specifications 47 3.1. SPECIFICATIONS/SCOPE OF WORK 47 Page 9 of 48 Invitation for Bid (IFB) 64070 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 48 Invitation for Bid (IFB) 64070 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 contrast 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 furnished 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 48 Invitation for Bid (IFB) 64070 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 returned 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 48 Invitation for Bid (IFB) 64070 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 48 Invitation for Bid (IFB) 64070 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 Bidder(s)/Proposer(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. Page 14 of 48 Invitation for Bid (IFB) 64070 (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 party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response 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 Page 15 of 48 Invitation for Bid (IFB) 64070 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 goveming 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 Page 16 of 48 Invitation for Bid (IFB) 64070 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 Conunission 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. Page 17 of 48 Invitation for Bid (IFB) 64070 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 Page 18 of 48 Invitation for Bid (IFB) 64070 (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 Page 19 of 48 Invitation for Bid (IFB) 64070 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, attorney'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 famished 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. Page 20 of 48 Invitation for Bid (IFB) 64070 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 Page 21 of 48 Invitation for Bid (IFB) 64070 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 bidders)/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 altemate 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 Page 22 of 48 Invitation for Bid (IFB) 64070 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 fmal 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 Page 23 of 48 Invitation for Bid (IFB) 64070 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 Page 24 of 48 Invitation for Bid (IFB) 64070 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 Page 25 of 48 Invitation for Bid (IFB) 64070 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 party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (1) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $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 Page 26 of 48 Invitation for Bid (IFB) 64070 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 US 1. US 1 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: US1 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. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this Page 27 of 48 Invitation for Bid (IFB) 64070 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 attorney'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. Page 28 of 48 Invitation for Bid (IFB) 64070 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Generator Replacement at Four (4) Fire Facilities, 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: Shannon Graham; fax: (305) 400-5355 or email: sgraham@ci.miami.fl.us. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than January 14, 2008 at 5:00 p.m.. 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. 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. 2.4. BIDDERS MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described in this Bid; that have a record of performance for a reasonable period of time; and that have sufficient financial support, equipment and organization to insure that they can satisfactorily provide the goods and/or services if awarded a Contract under the terms and conditions herein stated. Bidder shall: (1) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City. (2) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt. 2.5. CERTIFICATE OF COMPETENCY Any person, firm, corporation or joint venture who offers a bid, at the time of such bid, shall hold a valid Certificate of Competency or License for General Contractor issued by the State or County Examining Board qualifying said person, firm, corporation or joint venture to perform the work proposed. If any or all work required in conjunction with this bid is performed by a subcontractor(s), an applicable Certificate of Competency issued to the subcontractor(s) shall be submitted with the Bidder's proposal. A copy of the certificate must be submitted with the bid proposal. Failure to submit this document may render this bid non -responsive; provided, however that the City may at its sole option, allow the Bidder to supply the Certificate to the City within seven (7) calendar days from the date of the bid opening. 2.6. 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. 2.7. EQUAL PRODUCT Page 29 of 48 Invitation for Bid (IFB) 64070 Manufacturer's name, brand name and model/style number when used in these specifications are for the sole purpose of establishing minimum requirements of levels of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's brands of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit bid as equal. Failure to do so at time of bid may deem your bid non -responsive. 2.8. 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, attomeys' 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 Bodily Injury and Property Damage Liability - Each Occurrence: $1.000.000 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. Page 30 of 48 Invitation for Bid (IFB) 64070 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 renewef'. 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. 2.9. SCHEDULE OF VALUES 1. The Contractor must submit three copies of a Schedule of Values, which must be submitted within ten (10) calendar days of the issuance of the Notice of Award. A separate schedule of Values will be required for each Project Site. 2. The Schedule of Values shall indicate a complete breakdown of labor and material of all categories of Work on the Project and shall include such items as building permit, mobilization, insurance, contract administration, supervision, etc. Proportional shares of the Contractor's overhead and profit should be included in each line item. Each line item shall be identified with the number and title of the major specification section or major components of the items. The City's Project Manager may require further breakdown after review of the Contractor's submittal. Contractor shall provide a sub -schedule for each separate stage of the Work. The City reserves the right to require such information from the Contractor as may be necessary to determine the accuracy of the Schedule of Values. The combined total value for mobilization under both Schedules of Values shall not exceed 10% of the value of the Contract award. 3. The approved schedule of values, with a list of change orders, if any, shall be updated and included with each payment application. 4. The equitable value of any Work added or deleted from the lump sum price shall be determined from the approved schedule of values. 2.10. COMPLETION TIME Work will commence within 30 calendar days upon receipt of Purchase Order and shall be completed within 180 calendar days of commencement or be subject to liquidated damages. 1. Contractor shall be issued a Notice of Award by the Project Manager. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after receipt of the Notice of Award. The Purchase Order and Notice to Proceed will not be issued until Contractor's submission to the City of Miami Purchasing Department all required documents (including but not limited to: Payment and Performance Bonds, and Insurance Certificates). 2. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with the attached Drawings and Specifications, submittal schedule and schedule of values is a condition precedent to the issuance of the Notice to Proceed to mobilize on the Project site and commence with physical construction of the Work. The Contractor shall submit all necessary documents required by this provision within fifteen (1 5) calendar days of the issuance of the Notice of Award. 3. Time is of the essence. Project Work shall be performed concurrently. The Work and Project Closeout shall be completed within one -hundred and eighty (180) calendar days from the issuance of the Notice to Proceed, ready for final payment. 2.11. PROGRESS PAYMENTS Page 31 of 48 Invitation for Bid (IFB) 64070 1. Contractor may make Application for Payment for Work completed at each Project Site during the Project at intervals of not more than once a month. Separate Applications for Payment must be submitted for each Project Site. Contractor's Application for payment shall show a complete breakdown of the Project Site's components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant shall include, but is not limited to, an updated progress schedule acceptable to the Project Manager and a partial release of liens or consent of Surety relative to the Work, which is the subject of the Application and any other information required by the Project Manager. Each Application for Payment shall be submitted in triplicate to the Project Manager for approval. City shall make payment to Contractor within thirty (30) days after receipt of an acceptable Contractor's Application for Payment and submission of an acceptable updated progress schedule. 2. Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Completion and acceptance of all Project Sites by City. 3. City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: Defective work not remedied. Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. Failure of Contractor to make payments properly to Subcontractors or for material or labor. Damage to another contractor not remedied. Liquidated damages and costs incurred by Consultant for extended construction administration. Failure of Contractor to provide any and all documents required by the Bid Documents. • When the above grounds are removed or resolved satisfactory to the Project Manager, payment shall be made in whole or in part. 4. Contractor shall submit separate Applications for Payment for each Project. 2.12. ACCEPTANCE AND FINAL PAYMENT 1. Upon receipt of written notice from Contractor that the Work at all Project Sites are ready for final inspection and acceptance, Consultant shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Project Manager find the Work acceptable, the requisite documents have been submitted and the requirements of the Bid Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate for Payment shall be issued by the Project Manager, over its signature, stating that the requirements of the Bid Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 2. Before issuance of the Final Certificate for Payment, Contractor shall deliver to the Project Manager a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as -built drawings; and the final bill of materials, if required, and invoice. Contractor shall deliver the written Contractor's and all Manufacturer's warranties prior to issuance of the Final Certificate for Payment. 3. If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor, and the Project Manager so certifies, City shall, upon certificate from the Project Manager, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 4. Final payment shall be made only after the Director has reviewed a written evaluation of the performance of Contractor prepared by the Project Manager, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment. 2.13. PRE -BID CONFERENCE AND SITE VISIT A Voluntary pre -bid conference and site visit will be held on January 7, 2007 at 10:00 a.m., at Miami Fire Page 32 of 48 Invitation for Bid (IFB) 64070 and Rescue Headquarters, 1151 NW 7th Street, Miami, to be followed directly to the three other locations. At that conference all work will be discussed and all questions answered. No questions will be answered except at the pre -bid conference. During this conference, all potential bidders will have an opportunity to inspect the facility and familiarize themselves further with the nature of the work. All questions and answers adversely affecting the scope of work/specifications of the bid will be included in an addendum and sent immediately following the conference to all the attendees. 2.14. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Captain Bratz, Project Manager, or assigned, who shall be designated as the Contract Administrator. 2.15. SUPERINTENDENCE AND SUPERVISION 1. The successful bidder shall employ a competent supervisor, at no additional cost to the City, who shall be in charge of each project (except emergencies) and monitor the quality of the work and performance of Bidder personnel during the progress of the project. The supervisor shall be the primary representative for the Bidder and all communications given to and all decisions made by the supervisor shall be binding to the Bidder. Notwithstanding, the supervisor shall be considered to be, at all times, an employee of the Bidder under its sole direction and not an employee or agent of City of Miami. 2. The orders of the City are to be given through the Project Manager, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking supervisor and any necessary assistants, all satisfactory to the Project Manager. The supervisor shall not be changed except with the written consent of the Project Manager, unless the supervisor proves to be unsatisfactory to Contractor and ceases to be in its employ. The supervisor shall represent Contractor and all directions given to the supervisor shall be as binding as if given to Contractor and will be confirmed in writing by the Project Manager upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. The City shall be provided telephone number(s) for the supervisor where the supervisor can be contacted during normal working hours as well as after hours for emergencies. 3. Daily, Contractor's supervisor shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of the Consultant, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in indelible ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by City and Consultant. 4. The Project Manager, Contractor and Consultant shall meet at least bi-weekly or as determined by the Director, during the course of the Work to review and agree upon the Work performed to date and to establish the controlling items of Work for the next two weeks. The Consultant shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 5. If Contractor, in the course of prosecuting the Work, finds any discrepancy between the Bid Documents (to include attached drawings and specifications) and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Plans, it shall be Contractor's duty to immediately inform the Project Manager, in writing, and the Project Manager will promptly review the same. Any Work done after such discovery, until authorized, will be done at Contractor's sole risk. 6. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 2.16. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED As part of its Bid, the Bidder is required to identify any and all Subcontractors that will be used in the Page 33 of 48 Invitation for Bid (IFB) 64070 performance of the proposed contract, their capabilities, experience, minority designation, as defined in Ordinance 10062 and the portion of the work to be done by the Subcontractor. Failure to identify any and all subcontractors in the Bid shall render the Bid non -responsive; unless, the low bidder submits this documentation to the City within five (5) working days after the bid opening. The Contractor shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their Bid, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specifications shall be construed as establishing any contractual relationship between any subcontractor and the City. The contractor shall be fully responsible to the City for the acts and omissions of the subcontractor and their employees, as for acts and omissions of persons employed by contractor. 2.17. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS Bidder must list any or all subcontractor(s) that may be utilized to assist in the performance of the work specificied herein. Any subcontractor(s) listed must meet the same requirements and submit the same information listed under the Bidder's Minimum Qualifications section. All information required shall be included in the solicitation response. If bidder does not include any subcontractor(s) as part of its bid submittal, it will be construed that bidder will be able to handle the entire workload by itself and will not be allowed to subcontract any of the work unless it request in writing the hiring of subcontractor(s) with the aforementioned requirements attached to its request within seventy two (72) hours of considering hiring subcontractor(s). The City will grant or deny such request in writing within forty-eight (48) hours of receiving said request. 2.18. 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 Building Codes, so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship. 2.19. TESTING SUBMITTALS Schedule of Tests and Inspections: This shall include the following: 1. Description of test and inspection. 2. Identification of test and inspection methods. 3. Number of tests and inspections required. Costs for retesting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor. 4. Time schedule or time span for tests and inspections. Reports: Prepare and submit certified written reports that include the following: 1. Date of issue. 2. Project title. 3. Name, address, and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. 7. Complete test or inspection data. 8. Test and inspection results and an interpretation of test results. 9. Comments or professional opinion on whether tested or inspected Work complies with the Bid Document requirements. Page 34 of 48 Invitation for Bid (IFB) 64070 10. Name and signature of inspector. 2.20. MANUFACTURER'S INSTRUCTIONS The Contractor shall: 1. Comply with manufacturer's requirements for the handling, delivery and storage of all materials. Where required by the Contract Documents, Contractor shall submit manufacturer's printed instructions for delivery, storage, assembly, and installation. 2. Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Bid Documents. Inspect each item of material or equipment immediately prior to installation and reject damaged and defective items. 3. Recheck measurements and dimensions of the Work, as an integral step in starting each portion of the Work. 4. Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the necessity of uncovering Work for that purpose. 2.21. RECORD DOCUMENTS PART 1 - GENERAL 1. SUMMARY This Section includes administrative and procedural requirements for Project Record Documents, including the following: a. Record Drawings. b. Record Specifications. c. Record Product Data. 2. SUBMITTALS Record Drawings to comply with the following: 1. Number of Copies: Submit copies of Record Drawings as follows: a. Submittal: Submit one set of marked -up Record Prints. Engineer will review and note whether general scope of changes, additional information recorded, and quality of drafting are acceptable. Project Manager will return prints for organizing into sets, printing, binding, and final submittal. b. Record Specifications: Submit one copy of marked -up Project's Specifications, including addenda and contract modifications. c. Record Product Data: Submit one copy of each Product Data submittal. Where Record Product Data is required as part of operation and maintenance manuals, submit marked -up Product Data as an insert in the manual instead of submittal as Record Product Data. PART 2- PRODUCTS 1. RECORD DRAWINGS A. Record Prints: Maintain one set of blue- or black -line white prints of the Bid Drawings and Shop Drawings. 1. Preparation: Mark Record Prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to prepare the marked -up Record Prints. a. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later. b. Accurately record information in an understandable drawing technique. c. Record data as soon as possible after obtaining it. Record and check the markup before enclosing concealed installations. 1. Content: Types of items requiring marking include, but are not limited to, the following: Page 35 of 48 Invitation for Bid (IFB) 64070 a. Dimensional changes to Drawings. b. Revisions to details shown on Drawings. c. Revisions to routing of piping and conduits. d. Revisions to electrical circuitry. e. Actual equipment locations. f. Duct size and routing. g. Changes made by Change Order or Construction Change Directive. h. Changes made following Owner's written orders. i. Details not on the original Drawings. j. Field records for variable and concealed conditions. k. Record information on the Work that is shown only schematically 2. Mark the Bid Drawings or Shop Drawings, whichever is most capable of showing actual physical conditions, completely and accurately. If Shop Drawings are marked, show cross-reference on the Bid Drawings. 3. Mark record sets with erasable, red -colored pencil. Use other colors to distinguish between changes for different categories of the Work at the same location. 4. Mark important additional information that was either shown schematically or omitted from original Drawings. 5. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable. B. Record Transparencies: Immediately before inspection for Certificate of Substantial Completion or Final Inspection, review marked -up Record Prints with Project Manager and Engineer. 1. Incorporate changes and additional information previously marked on Record Prints. Erase, redraw, and add details and notations where applicable. 2. Print the Bid Drawings and Shop Drawings for use as Record Transparencies. C. Newly Prepared Record Drawings: Prepare new Drawings instead of preparing Record Drawings where Project Manager and Engineer determine that neither the original Bid Drawings nor Shop Drawings are suitable to show actual installation. 1. New Drawings may be required when a Change Order is issued as a result of accepting an alternate, substitution, or other modification. D. Format: Identify and date each Record Drawing; include the designation "PROJECT RECORD DRAWING" in a prominent location. 1. Record Prints: Organize Record Prints and newly prepared Record Drawings into manageable sets. Bind each set with durable paper cover sheets. Include identification on cover sheets. 2. Record Transparencies: Organize into unbound sets matching Record Prints. Place transparencies in durable tube -type drawing containers with end caps. Mark end cap of each container with identification. If container does not include a complete set, identify Drawings included. 3. Identification: As follows: a. Project name. b. Date. c. Designation "PROJECT RECORD DRAWINGS." d. Name of Engineer. e. Name of Contractor. 2. RECORD SPECIFICATIONS A. Preparation: Mark Specifications to indicate the actual product installation where installation varies from that indicated in Specifications, addenda, and contract modifications. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Mark copy with the proprietary name and model number of products, materials, and equipment furnished, including substitutions and product options selected. Page 36 of 48 Invitation for Bid (IFB) 64070 3. Record the name of the manufacturer, supplier, Installer, and other information necessary to provide a record of selections made. 4. For each principal product, indicate whether Record Product Data has been submitted in operation and maintenance manuals instead of submitted as Record Product Data. 5. Note related Change Orders, Record Drawings where applicable. 3. RECORD PRODUCT DATA A. Preparation: Mark Product Data to indicate the actual product installation where installation varies substantially from that indicated in Product Data submittal. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Include significant changes in the product delivered to Project site and changes in manufacturer's written instructions for installation. 3. Note related Change Orders, Record Drawings where applicable. 4. MISCELLANEOUS RECORD SUBMITTALS A. Assemble miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Bind or file miscellaneous records and identify each, ready for continued use and reference. PART 3 - EXECUTION 1. RECORDING AND MAINTENANCE A. Recording: Maintain one copy of each submittal during the construction period for Project Record Document purposes. Post changes and modifications to Project Record Documents as they occur; do not wait until the end of Project. B. Maintenance of Record Documents and Samples: Store Record Documents and Samples in the field office apart from the Bid Documents used for construction. Do not use Project Record Documents for construction purposes. Maintain Record Documents in good order and in a clean, dry, legible condition, protected from deterioration and loss. Provide access to Project Record Documents for Engineer's reference during normal working hours. C. Provide access to Project Record Documents for City's reference during normal working hours. 2.22. OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for preparing operation and maintenance manuals, including the following: 1. Operation and maintenance documentation directory. 2. Emergency manuals. 3. Operation manuals for systems, subsystems, and equipment. 4. Maintenance manuals for the care and maintenance of products, materials, finishes, systems and equipment. 1.2 SUBMITTALS A. Initial Submittal: Submit 1 draft copies of each manual at least 7 days before requesting inspection for Substantial Completion or Final Inspection. Include a complete operation and maintenance directory. Project Manager will return copy of draft and mark whether general scope and content of manual are acceptable. B. Final Submittal: Submit three (3) copies of each manual in final form. 1. Correct or modify each manual to comply with Engineer's comments. Submit three (3) copies of each corrected manual within fifteen (15) days of receipt of Engineer's comments. 1.3 COORDINATION A. Where operation and maintenance documentation includes information on installations by more than one factory -authorized service representative, assemble and coordinate information furnished by Page 37 of 48 Invitation for Bid (IFB) 64070 representatives and prepare manuals. PART 2 — PRODUCTS 2.1 OPERATION AND MAINTENANCE DOCUMENTATION DIRECTORY A. Organization: Include a section in the directory for each of the following: 1. List of documents. 2. List of systems. 3. List of equipment. 4. Table of contents. B. List of Systems and Subsystems: List systems alphabetically. Include references to operation and maintenance manuals that contain information about each system. C. List of Equipment: List equipment for each system, organized alphabetically by system. For pieces of equipment not part of system, list alphabetically in separate list. D. Tables of Contents: Include a table of contents for each emergency, operation, and maintenance manual. E. Identification: In the documentation directory and in each operation and maintenance manual, identify each system and piece of equipment. 2.2 MANUALS, GENERAL A. Organization: Unless otherwise indicated, organize each manual into a separate section for each system, and a separate section for each piece of equipment not part of a system. Each manual shall contain the following materials, in the order listed: 1. Title page. 2. Table of contents. 3. Manual contents. B. Title Page: Include the following information: 1. Subject matter included in manual. 2. Name and address of Project. 3. Date of submittal. 4. Name, address, and telephone number of Contractor. 5. Name and address of Engineer. C. Table of Contents: List each product included in manual, identified by product name, indexed to the content of the volume, and cross-referenced to Specification Section number in Project Manual. 1. If operation or maintenance documentation requires more than one volume to accommodate data, include comprehensive table of contents for all volumes in each volume of the set. D. Manual Contents: Organize into sets of manageable size. Arrange contents alphabetically by system and equipment. If possible, assemble instructions for equipment and components of one system into a single binder. 1. Binders: Heavy-duty, 3-ring, vinyl -covered, loose-leaf binders, in thickness necessary to accommodate contents, sized to hold 8-1/2-by-11-inch paper. a. Identify each binder on front and spine, with printed title "OPERATION AND MAINTENANCE MANUAL," Project title or name, and subject matter of contents. Indicate volume number for multiple -volume sets. 2. Dividers: Heavy -paper dividers with plastic -covered tabs for each section. Mark each tab to indicate contents. Include typed list of products and major components of equipment included in the section on each divider, cross-referenced to Specification Section number and title of Project Manual. 3. Protective Plastic Sleeves: Transparent plastic sleeves designed to enclose diagnostic software diskettes for computerized electronic equipment. 4. Supplementary Text: Prepared on 8-1/2-by-1 I -inch (115-by-280-mm), 20-lb/sq. ft. (75-g/sq. m) white bond paper. 5. Drawings: Attach reinforced, punched binder tabs on drawings and bind with text. a. If oversize drawings are necessary, fold drawings to same size as text pages and use as foldouts. Page 38 of 48 Invitation for Bid (IFB) 64070 b. If drawings are too large to be used as foldouts, fold and place drawings in labeled envelopes and bind envelopes in rear of manual. At appropriate locations in manual, insert typewritten pages indicating drawing titles, descriptions of contents, and drawing locations 2.3 EMERGENCY MANUALS A. Content: Organize manual into a separate section for each of the following: 1. Type of emergency. 2. Emergency instructions. 3. Emergency procedures. B. Type of Emergency: Where applicable for each type of emergency indicated below, include instructions and procedures for each system, subsystem, piece of equipment, and component: 1. Fire. 2. Flood. 3. Gas leak. 4. Water leak. 5. Power failure. 6. Water outage. 7. System or equipment failure. 8. Chemical release or spill. C. Emergency Instructions: Describe and explain warnings, trouble indications, error messages, and similar codes and signals. Include responsibilities of Owner's operating personnel for notification of Installer, supplier, and manufacturer to maintain warranties. D. Emergency Procedures: Include the following, as applicable: 1. Instructions on stopping. 2. Shutdown instructions for each type of emergency. 3. Operating instructions for conditions outside normal operating limits. 4. Required sequences for electric or electronic systems. 5. Special operating instructions and procedures. 2.4 OPERATION MANUALS A. Content: In addition to requirements in this Section, include operation data required in individual Specification Sections and the following information: 1. System and equipment descriptions. 2. Operating standards. 3. Operating procedures. 4. Operating logs. 5. Wiring diagrams. 6. Control diagrams. 7. Piped system diagrams. 8. Precautions against improper use. 9. License requirements including inspection and renewal dates. B. Descriptions: Include the following: 1. Product name and model number. 2. Manufacturer's name. 3. Equipment identification with serial number of each component. 4. Equipment function. 5. Operating characteristics. 6. Limiting conditions. 7. Performance curves. 8. Engineering data and tests. Page 39 of 48 Invitation for Bid (IFB) 64070 9. Complete nomenclature and number of replacement parts. C. Operating Procedures: Include the following, as applicable: 1. Startup procedures. 2. Equipment or system break-in procedures. 3. Routine and normal operating instructions. 4. Regulation and control procedures. 5. Instructions on stopping. 6. Normal shutdown instructions. 7. Seasonal and weekend operating instructions. 8. Required sequences for electric or electronic systems. 9. Special operating instructions and procedures. D. Systems and Equipment Controls: Describe the sequence of operation, and diagram controls as installed. E. Piped Systems: Diagram piping as installed, and identify color -coding where required for identification. 2.5 PRODUCT MAINTENANCE MANUAL A. Content: Organize manual into a separate section for each product, material, and finish. Include source information, product information, maintenance procedures, repair materials and sources, and warranties and bonds, as described below. B. Source Information: List each product included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent. C. Product Information: Include the following, as applicable: I . Product name and model number. 2. Manufacturer's name. 3. Color, pattern, and texture. 4. Material and chemical composition. 5. Reordering information for specially manufactured products. D. Maintenance Procedures: Include manufacturer's written recommendations and the following: 1. Inspection procedures. 2. Types of cleaning agents to be used and methods of cleaning. 3. List of cleaning agents and methods of cleaning detrimental to product. 4. Schedule for routine cleaning and maintenance. 5. Repair instructions. E. Repair Materials and Sources: Include lists of materials and local sources of materials and related services. F. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 1. Include procedures to follow and required notifications for warranty claims. 2.6 SYSTEMS AND EQUIPMENT MAINTENANCE MANUAL A. Content: For each system, subsystem, and piece of equipment not part of a system, include source information, manufacturers' maintenance documentation, maintenance procedures, maintenance and service schedules, spare parts list and source information, maintenance service contracts, and warranty and bond information, as described below. B. Source Information: List each system and piece of equipment included in the manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent. C. Manufacturers' Maintenance Documentation: Manufacturers' maintenance documentation, including the following information for each component part or piece of equipment: 1. Standard printed maintenance instructions and bulletins. Page 40 of 48 Invitation for Bid (IFB) 64070 2. Drawings, diagrams, and instructions required for maintenance, including disassembly and component removal, replacement, and assembly. 3. Identification and nomenclature of parts and components. 4. List of items recommended to be stocked as spare parts. D. Maintenance Procedures: Include the following information and items that detail essential maintenance procedures: 1. Test and inspection instructions. 2. Troubleshooting guide. 3. Precautions against improper maintenance. 4. Disassembly; component removal, repair, and replacement; and reassembly instructions. 5. Aligning, adjusting, and checking instructions. 6. Demonstration and training videotape, if available. E. Maintenance and Service Schedules: Include service and lubrication requirements, list of required lubricants for equipment, and separate schedules for preventive and routine maintenance and service with standard time allotment. 1. Scheduled Maintenance and Service: Tabulate actions for daily, weekly, monthly, quarterly, semiannual, and annual frequencies. 2. Maintenance and Service Record: Include manufacturers' forms for recording maintenance. F. Spare Parts List and Source Information: Include lists of replacement and repair parts, with parts identified and cross-referenced to manufacturers' maintenance documentation and local sources of maintenance materials and related services. G. Maintenance Service Contracts: Include copies of maintenance agreements with name and telephone number of service agent. H. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 1. Include procedures to follow any required notifications for warranty claims. PART 3 - EXECUTION 3.1 MANUAL PREPARATION A. Operation and Maintenance Documentation Directory: Prepare a separate manual that provides an organized reference to emergency, operation, and maintenance manuals. B. Emergency Manual: Assemble a complete set of emergency information indicating procedures for use by emergency personnel and by Owner's operating personnel for types of emergencies indicated. C. Product Maintenance Manual: Assemble a complete set of maintenance data indicating care and Maintenance of each product, material, and finish incorporated into the Work. D. Operation and Maintenance Manuals: Assemble a complete set of operation and maintenance data indicating operation and maintenance of each system, subsystem, and piece of equipment not part of a system. 1. Engage a factory -authorized service representative to assemble and prepare information for each system and piece of equipment not part of a system. 2. Prepare a separate manual for each system in the form of an instructional manual for use by City's operating personnel. E. Manufacturers' Data: Where manuals contain manufacturers' standard printed data, include only sheets pertinent to product or component installed. Mark each sheet to identify each product or component incorporated into the Work. If data include more than one item in a tabular format, identify each item using appropriate references from the Contract Documents. Identify data applicable to the Work and delete references to information not applicable. 1. Prepare supplementary text if manufacturers' standard printed data are not available and where the information is necessary for proper operation and maintenance of equipment or systems. F. Drawings: Prepare drawings supplementing manufacturers' printed data to illustrate the relationship of component parts of equipment and systems and to illustrate control sequence and flow diagrams. Coordinate these drawings with information contained in Record Drawings to ensure correct illustration of Page 41 of 48 Invitation for Bid (IFB) 64070 completed installation. 1. Do not use original Project Record Documents as part of operation and maintenance manuals. 2.23. LICENSES, PERMITS AND FEES Pursuant to the Public Bid Disclosure Act, each license, permit or fee REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the bid is waived as follows: "City of Miami Master Permit Fee and applicable Major Trade Permit fees (i.e. Mech., Plumbing, Elec., & Fire) are waived. Any other permit fees not directly related to the actual construction of the project (i.e. Permits for dumpsters, job trailers) are not waived"..."Licenses, permits and fees which may be required by Miami -Dade County, the State of Florida, or other governmental entities are not waivable." LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY MIAMI-DADE COUNTY THE STATE OF FLORIDA, OR OTHER GOVERNMENTAL ENTITIES ARE NOT INCLUDED IN THE ABOVE LIST. 2.24. TRENCH SAFETY ACT Trench Safety Act is an attachment to the bid. Please fill out Trench Safety Act and either attach as a scanned file or send with hard copy bid. 2.25. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that 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. 2.26. BID BOND/SURETY BOND All responses shall be accompanied by a Certified Check (Money Order), Cashier's Check or Surety Bond in the amount of 5% of the bid forecast amount payable to the City of Miami and conditioned upon the successful bidder submitting the specified Performance Bond within fifteen (15) days following award by Page 42 of 48 Invitation for Bid (IFB) 64070 the City Commission, in the form and manner required by the City. In case of failure or refusal to do so within the time stated, the security submitted with the bid will be forfeited as liquidated damages because of such failure or default. If bid is submitted electronically, bid bond must be received in the Purchasing Office prior to bid close date to: Shannon Graham, CPPB Purchasing Department 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 2.27. PERFORMANCE BOND Within ten (10) working days following notice of award by the City, the successful bidder shall furnish to the City of Miami, a Performance Bond in the total amount of the Cost to the City for the period of the contract (to be determined at the time of award). The Performance Bond can be in the form of a Cashier's Check, made payable to the City of Miami; a bond written by a surety company authorized to do business in the State of Florida and shall comply with State Statute 287.0935; or an Irrevocable Letter of Credit. If the latter is chosen, it must be written on a bank located in Miami -Dade County, be in the amount of the contract and should clearly and expressly state that it cannot be revoked until express written approval has been given by the City of Miami. The City, to draw on same, would merely have to give written notice to the bank with a copy to the successful contractor. 2.28. LIQUIDATED DAMAGES Upon failure 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 $500.00 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. 2.29. 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. 2.30. DAMAGES TO PUBLIC/PRIVATE PROPERTY The contractor shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the contractor, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.31. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The Bidder hereby acknowledges and agrees that all materials/products, except where recycled content is specifically requested, supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to the City by the Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the order and return such materials/products to the Bidder to replace the materials/products at the Page 43 of 48 Invitation for Bid (IFB) 64070 Bidder's expense. 2.32. WARRANTY BY MANUFACTURER A copy of the manufacturer's standard warranty must be submitted with bids. Failure to comply with this provision may disqualify bids. 2.33. WARRANTY, FITNESS FOR PURPOSE The vendor warrants the materials supplied and the work performed under this contract conform to warranty materials provided and work performed for five (5) years 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 five (5) years 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 five (5) years 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 defaults of its contract, and/or (b) procure the products or 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. 2.34. QUALITY AND MANUFACTURE The apparent silences of these specifications as to any details or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only materials and workmanship of first quality are to be used. All interpretations of these specifications shall be made upon the basis of this statement. Specifications, brands and manufacturers' names, where given, are to establish product type and quality required. Any equal thereto will be considered, subject to the approval of the City of Miami. Bidders shall indicate on the Bid Sheets, the manufacturer, brand and model or style number they intend to supply to the City, for each item bid. All materials shall be new, of current manufacture, and shall carry standard warranties. No substitutions shall be allowed after the bid is awarded unless so authorized by the City. The City reserves the right to perform its own testing procedures or to send any and all samples to any certifiable laboratory for analysis. Any and all costs for testing shall be borne by bidder. On the basis of this testing and analysis, the City shall be sole judge of the acceptability of the sample in conjunction with the bid specifications and it's decision shall be final. Any sample submitted shall create an express warranty that the whole of the goods and/or services to be provided by the bidder during the contract period shall conform to the sample submitted. The bidder shall be required to provide adequate restitution to the City, in the manner prescribed by the City, if this warranty is violated during the term of the contract. 2.35. REFERENCES Each bid must be accompanied by a list of references, 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. Page 44 of 48 Invitation for Bid (IFB) 64070 2.36. 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. 2.37. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Purchasing Department, in writing, no less than ten (10) days prior to solicitation closing date of any change in the manufacturers' specifications which conflict with the specifications. Bidders must also explain any deviation from the specifications in writing as a footnote on the applicable specification page and enclose a copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. Additionally, bidders must indicate any options requiring the addition of other options, as well as those which are included as a part of another option. Failure of bidders to comply with these provisions will result in bidders being held responsible for all costs required to bring the item(s) in compliance with contract specifications. 2.38. PUBLIC CONVENIENCE AND SAFETY The contractor shall conduct his work so as to interfere as little as possible with private business or public travel. He shall, at his 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 shall be liable for all damages occasioned in any way by his actions or neglect or that of his 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. 2.39. 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. 2.40. 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. Page 45 of 48 Invitation for Bid (IFB) 64070 2.41. 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. 2.42. 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 lists 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. 2.43. PRIMARY CLIENT (FIRST PRIORITY) The successful bidder(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract successful bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tomadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. Page 46 of 48 Invitation for Bid (IFB) 64070 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The work specified in this bid consists of furnishing all labor, materials, equipment, services, and incidentals necessary to furnish and install back-up emergency generators at Fire Headquarters, and Fire Stations 2, 5, and 7 per specifications in attached drawings. Drawings are provided in this specification. Bidders may use these drawings as a guide for estimating. These drawings are part of the specifications. Changes to Drawings/Specifications: (a) General Electrical Notes and Specifications: Item 45 and Item 47 Project Manager: Captain Michael Bratz, or assigned (b) Training is a one time item to cover all four generator sites and transfer switches for 4 hours to accommodate 10 trainees. (c) There is no height requirement for the generators. (d) There must be back-up power at all times. HOURS OF OPERATION Contractor may perform Work between the hours of 8:00 am and 6:00 pm, Monday through Saturday. Any Work outside these hours or days requires the prior written approval of the Project Manager. PROJECT STAGING AND COORDINATION The Project Sites are occupied and operates on a twenty-four hour seven-day a week schedule. Contractor shall ensure that the performance of the Work does not impact any ongoing operations at Project Site, which also includes the delivery of any materials and equipment. The Work shall be coordinated with the Senior Officer at each location including all staging and phasing of the Work. ACCESS TO THE SITE Access to and egress from the Project Site shall be coordinated with the Project Manager and the Senior Officer at each Fire Station. The Contractor and all Subcontractors must contact the Senior Officer upon arriving at each Project site to commence work and also when leaving the site for the day. GENERAL REQUIREMENTS CUTTING AND PATCHING DEFINITIONS A. Cutting: Removal of existing construction necessary to permit installation or performance of other Work. B. Patching: Fitting and repair work required to restore surfaces to original conditions after installation of other Work. SUBMITTALS A. Cutting and Patching Proposal: Submit a proposal describing procedures at least 10 days before the time cutting and patching will be performed, requesting approval to proceed. Include the following information: 1. Extent: Describe cutting and patching, show how they will be performed, and indicate why they cannot be avoided. 2. Changes to Existing Construction: Describe anticipated results. Include changes to structural elements and operating components as well as changes in building's appearance and other significant visual elements. 3. Products: List products to be used and firms or entities that will perform the Work. 4. Dates: Indicate when cutting and patching will be performed. 5. Utilities: List utilities that cutting and patching procedures will disturb or affect. List utilities that will be relocated and those that will be temporarily out of service. Indicate how long service will be disrupted. 6. Structural Elements: Where cutting and patching involve adding reinforcement to structural elements, submit details and engineering calculations showing integration of reinforcement with original structure. 7. Engineer's Approval: Obtain approval of cutting and patching proposal before cutting and patching. Approval does not waive right to later require removal and replacement of unsatisfactory work. PART 1 - PRODUCTS Page 47 of 48 Invitation for Bid (IFB) 64070 A. MATERIALS Existing Materials: Use materials identical to existing materials. For exposed surfaces, use materials that visually match existing adjacent surfaces to the fullest extent possible. If identical materials are unavailable or cannot be used, use materials that, when installed, will match the visual and functional performance of existing materials. PART 2 - EXECUTION A. EXAMINATION Examine surfaces to be cut and patched and condition.: under which cutting and patching are to be performed. Before patching, verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers. Proceed with installation only after unsafe or unsatisfactory conditions have been corrected. B. PREPARATION Protection: Protect existing construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations. C. PERFORMANCE 1. General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay. 2. Cutting: Cut existing construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations. Cut existing construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore surfaces to their original condition. a. In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots as small as possible, neatly to size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. b. Existing Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces. c. Concrete and Masonry: Cut using a cutting machine, such as an abrasive saw or a diamond -core drill. d. Mechanical and Electrical Services: Cut off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after cutting. e. Proceed with patching after construction operations requiring cutting are complete. 3. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other Work. Patch with durable seams that are as invisible as possible. Provide materials and comply with installation requirements specified in other Sections of these Specifications. a. Inspection: Where feasible, test and inspect patched areas after completion to demonstrate integrity of installation. b. Floors and Walls: Where walls or partitions that are removed extend one finished area into another, patch and repair floor and wall surfaces in the new space. Provide an even surface of uniform finish, color, texture, and appearance. Remove existing floor and wall coverings and replace with new materials, if necessary, to achieve uniform color and appearance. c. Exterior Building Enclosure: Patch components in a manner that restores enclosure to a weathertight condition. Page 48 of 48