HomeMy WebLinkAboutInvitation For BidsCity of Miami
Purchasing Department
Miami Riverside Center
444 SW 2"d Avenue, 6'h Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
Number: 248237
Title:
Invitation for Bids for Asbestos
Abatement Services Citywide
Issue Date/Time: 18-OCT-2010
Closing Date/Time: 11/03/2010 @ 12:00:00
Pre -Bid Conference: None
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification: Tuesday, October 26, 2010 at 5:00 p.m.
Buyer: Suarez, Maritza
Hard Copy Submittal Location:
Buyer E-Mail Address:
Buyer Facsimile:
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
msuarezCa,ci.miami.fl. us
(305) 400-5025
Page 1 of 64
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 (1) 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 1 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 64
Certifications
Legal Name of Finn:
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.
Will Subcontractor(s) be used? (Yes or No)
Page 3 of 64
If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will
be responsible for under this contract (a copy of their license(s) must be submitted with your bid
response):
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert
N/A.
Have you included with your bid response a summary of the training program and/or a list of EPA
approved training certification courses that your employees have attended (including name of course
and presenter of the course)? Yes or No.
Have you included with your bid response a summary of the written respiratory protection program
which is in compliance with OSHA regulations. A copy of this program shall be made available to the
owner and/or industrial hygienist upon request. Yes or No.
Confirm that your company has an established medical surveillance program in compliance with 29
CFR 1926.1 101, and that all personnel participate in such program.
Provide the name, training and/or certification of the air monitoring supervisor.
Provide the name and address of the laboratory to be used in air sample analysis.
Provide proposed location of the decontamination unit. (This is subject to approval by the project
monitor).
Provide name/location of the EPA approved sanitary landfill used for disposal of asbestos waste
materials.
Have you included with your bid response Manufacturer's Technical Data Sheets on proposed
surfactant, encapsulant and mastic remover? Yes or No.
Indicate whether professional asbestos consulting services - air monitoring, bulk sample analysis and
other services (if requested by the City) will be at contractor's cost. Yes or No
Page 4 of 64
Indicate whether special jobs requiring additional materials and equipment will be at contractor's cost.
Yes or No
Indicate whether temporary water & electric services (if not available) will be at contractor's cost. Yes
or No
Indicate whether Landfill waste disposal of additional contaminated debris will be at contractor's cost.
(Written evidence of actual cost shall be submitted to the city, when requested). Yes or No
Miami Dade County Certificate of Competency License(s) as an Abatement Contractor No.: (copy to be
submitted with your bid response)
Number of calendar days required to continence work after receipt of the Purchase Order:
Have you included with your bid response the required three (3) letters of reference from the Building
Owners from three previous users of your asbestos abatement services? Yes or No
Page 5 of 64
Line: 1
Description: GROUP 1: BUILDING DEPARTMENT ASBESTOS ABATEMENT SERVICES
Line: 1.1
Description: Asbestos Abatement Services Citywide - Floors, single and multiple layters. Tile:
Concrete Substrate
Category: 91038-05
Unit of Measure: Square Foot
Unit Price: $
Line: 1.2
Number of Units: 982 Total: $
Description: Asbestos Abatement Services Citywide - Floors, single and multiple layters. Tile:
Wood or plywood substrate
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 1.3
Number of Units: 100 Total: $
Description: Asbestos Abatement Services Citywide - Floors, single and multiple layters.
Linoleum: Concrete Substrate
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 1.4
Number of Units: 100 Total: $
Description: Asbestos -Abatement Services Citywide - Floors, single and multiple layters.
Linoleum: Wood or plywood substrate
Category: 91038-00
Unit of Measure: Square Foot
Page 6 of 64
Unit Price: $ Number of Units: 100 Total: $
Line: 1.5
Description: Asbestos Abatement Services Citywide - Walls, Wallboard or Drywall
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 1.6
Number of Units: 100 Total: $
Description: Asbestos Abatement Services Citywide - Walls: Plaster
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 1.7
Number of Units: 100 Total: $
Description: Asbestos Abatement Services Citywide - Walls: Transite
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 1.8
Number of Units: 100 Total: $
Description: Asbestos Abatement Services Citywide - Ceilings: Spray on fire proofing
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Number of Units: 100 Total: $
Page 7 of 64
Line: 1.9
Description: Asbestos Abatement Services Citywide - Ceilings: Trowel on material
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 1.10
Number of Units: 100 Total: $
Description: Asbestos Abatement Services Citywide - Ceilings: Acoustic ceiling, popcorn
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 1.11
Number of Units: 555 Total: $
Description: Asbestos Abatement Services Citywide - Ceilings: 2 ft. X 4 ft. suspended (including
suspension system)
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 1.12
Number of Units: 144 Total: $
Description: Asbestos Abatement Services Citywide - Ceilings: 1 ft. X 1 ft. or less
Category: 91038-00
Unit of Measure: Square Foo
Unit Price: $
Number of Units: 100 Total: $
Page 8 of 64
Line: 1.13
Description: Asbestos Abatement Services Citywide - Pipes (diameter size includes asbestos
insulation) - Less than 4" in diameter
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 1.14
Number of Units: 30 Total: $
Description: Asbestos Abatement Services Citywide - Pipes (diameter size includes asbestos
insulation) - 4" to 8" in diameter
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 1.15
Number of Units: 36 Total: $
Description: Asbestos Abatement Services Citywide - Pipes (diameter size includes asbestos
insulation) - 8" to 12" in diameter
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 1.16
Number of Units: 30 Total: $
Description: Asbestos Abatement Services Citywide - Pipes (diameter size includes asbestos
insulation) - Over 12" in diameter
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Number of Units: 30 Total: $
Page 9 of 64
Line: 1.17
Description: Asbestos Abatement Services Citywide - Boiler & Tank Insulation
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 1.18
Number of Units: 30 Total: $
Description: Asbestos Abatement Services Citywide - Roof - Flashing and parapets material
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 1.19
Number of Units: 100 Total: $
Description: Asbestos Abatement Services Citywide - Roof - Membrane deck material
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 1.20
Number of Units: 100 Total: $
Description: Asbestos Abatement Services Citywide - Bulk Sample Analysis
Category: 91038-00
Unit of Measure: Each
Unit Price: $ Number of Units: 1 Total: $
Line: 1.21
Page 10 of 64
Description: Asbestos Abatement Services Citywide - Asbestos survey by a qualified third party
contractor
Category: 91038-00
Unit of Measure: Each
Unit Price: $
Line: 2
Number of Units: 1 Total: $
Description: GROUP 2: COMMUNITY DEVELOPMENT DEPARTMENT/UNSAFE
STRUCTURES ASBESTOS ABATEMENT SERVICES
Line: 2.1
Description: Asbestos Abatement Services Citywide - Floors, single and multiple layters. Tile:
Concrete Substrate
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 2.2
Number of Units: 50,000 Total: $
Description: Asbestos Abatement. Services Citywide - Floors, single and multiple layters. Tile:
Wood or plywood substrate
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 2.3
Number of Units: 100 Total: $
Description: Asbestos Abatement Services Citywide - Floors, single and multiple layters.
Linoleum: Concrete Substrate
Category: 91038-00
Unit of Measure: Square Foot
Page 11 of 64
Unit Price: $
Line: 2.4
Number of Units: 500 Total: $
Description: Asbestos Abatement Services Citywide - Floors, single and multiple layters.
Linoleum: Wood or plywood substrate
Category: 91240-00
Unit of Measure: Square Foot
Unit Price: $
Line: 2.5
Number of Units: 100 Total: $
Description: Asbestos Abatement Services Citywide - Walls, Wallboard or Drywall
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $ Number of Units: 100 Total: $
Line: 2.6
Description: Asbestos Abatement Services Citywide - Walls: Plaster
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 2.7
Number of Units: 100 Total: $
Description: Asbestos Abatement Services Citywide - Walls: Transite
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Number of Units: 100 Total: $
Page 12 of 64
Line: 2.8
Description: Asbestos Abatement Services Citywide - Ceilings: Spray on fire proofing
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 2.9
Number of Units: 100 Total: $
Description: Asbestos Abatement Services Citywide - Ceilings: Trowel on material
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 2.10
Number of Units: 100 Total: $
Description: Asbestos Abatement Services Citywide - Ceilings: Acoustic ceiling, popcorn
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 2.11
Number of Units: 500 Total: $
Description: Asbestos Abatement Services Citywide - Ceilings: 2 ft. X 4 ft. suspended (including
suspension system)
Category: 91038-00 - - -
Unit of Measure: Square Foot
Unit Price: $
Number of Units: 200 Total: $
Page 13 of 64
Line: 2.12
Description: Asbestos Abatement Services Citywide - Ceilings: 1 ft. X 1 ft. or Less
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 2.13
Number of Units: 100 Total: $
Description: Asbestos Abatement Services Citywide - Pipes (diameter size includes asbestos
insulation) - Less than 4" in diameter
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 2.14
Number of Units: 30 Total: $
Description: Asbestos Abatement Services Citywide - Pipes (diameter size includes asbestos
insulation) - 4" to 8" in diameter
Category: 91240-00
Unit of Measure: Square Foot
Unit Price: $
Line: 2.15
Number of Units: 35 Total: $
Description: Asbestos Abatement Services Citywide - Pipes (diameter size includes asbestos
insulation) - 8" to 12" in diameter
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Number of Units: 30 Total: $
Page 14 of 64
Line: 2.16
Description: Asbestos Abatement Services Citywide - Pipes (diameter size includes asbestos
insulation) - Over 12" in diameter
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 2.17
Number of Units: 30 Total: $
Description: Asbestos Abatement Services Citywide - Boiler & Tank Insulation
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 2.18
Number of Units: 30 Total: $
Description: Asbestos Abatement Services Citywide - Roof - Flashing and parapets material
Category: 91038-00
Unit of Measure: Square Foot
Unit Price: $
Line: 2.19
Number of Units: 100 Total: $
Description: Asbestos Abatement Services Citywide - Roof - Membrane deck material
Category: 91038-00
Unit of Measure: Square Foo
Unit Price: $
Number of Units: 75 Total: $
Page 15 of 64
Line: 2.20
Description: Asbestos Abatement Services Citywide - Bulk Sample Analysis
Category: 91038-00
Unit of Measure: Each
Unit Price: $
Line: 2.21
Number of Units: 1 Total: $
Description: Asbestos Abatement Services Citywide - Asbestos survey by a qualified third party
contractor
Category: 91038-00
Unit of Measure: Each
Unit Price: $ Number of Units: 1 Total: $
Page 16 of 64
248237
Table of Contents
Terms and Conditions . 18
1. General Conditions 18
1.1. GENERAL TERMS AND CONDITIONS 18
2. Special Conditions 35
2.1. PURPOSE 35
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 35
2.3. TERM OF CONTRACT 35
2.4. CONDITIONS FOR RENEWAL 35
2.5. EQUITABLE ADJUSTMENT 35
2.6. CONSUMER PRICE INDEX (CPI FOR FUEL) 35
2.7. NON -APPROPRIATION OF FUNDS 36
2.8. METHOD OF AWARD 36
2.9. BIDDER'S MINIMUM QUALIFICATIONS 36
2.10. FAILURE TO PERFORM 37
2.11. INSURANCE REQUIREMENTS 37
2.12. METHOD OF PAYMENT 39
2.13. COMPLETED WORK 39
2.14. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS 39
2.15. CONTRACT ADMINISTRATORS 39
2.16. SUPERVISION 39
2.17. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED 40
2.18. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS 40
2.19. ADDITIONAL CONTRACTOR(S) OR SUBCONTRACTOR(S) 40
2.20. TIE BIDS 40
2.21. COMMENCEMENT OF PROJECT AND LIQUIDATED DAMAGES 41
2.22. COMPLETION AND LIQUIDATED DAMAGES 41
2.23. USE OF PREMISES 41
2.24. DAMAGES TO PUBLIC/PRIVATE PROPERTY 42
2.25. WARRANTY 42
2.27. PUBLIC CONVENIENCE AND SAFETY 42
2.28. SAFETY MEASURES 42
2.29. TERMINATION 42
2.30. ADDITIONAL TERMS AND CONDITIONS 43
2.31. PRIMARY CLIENT (FIRST PRIORITY) 43
2.32. LAWS, PERMITS AND LICENSES 43
2.33. PROVISIONS/ATTACHMENTS APPLICABLE TO GROUP 2 ONLY 43
2.34. PRE-BID/PRE-PROPOSAL CONFERENCE 43
2.35. APPLICABLE STANDARDS AND GUIDELINES 43
2.36. PERSONNEL REQUIREMENTS 44
2.37. INFORMATION TO BE SUBMITTED WITH BID 44
2.38. LEGAL REQUIREMENT FOR POLLUTION CONTROL 45
2.39. DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER 45
2.40. TOXIC SUBSTANCES/FEDERAL "RIGHT TO KNOW"REGULATIONS 45
3. Specifications 46
3.1. SPECIFICATIONS/SCOPE OF WORK 46
Page 17 of 64
248237
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 attorney's fees through
andincluding.appetlate 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 18 of 64
248237
three (3) years after the City makes final payment and all other pending matters are closed. Contractor's
failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract
by the City.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or
quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s)
established herein, when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and
resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its
own purchase orders, be invoiced there from and make its own payments, determine shipping terms and
issue its own exemption certificates as required by the successful bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement,
amendment or addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or
designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference
to Businesses with Drug -Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent subtnission 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 tern 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 conditionsfor 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 19 of 64
248237
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.
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
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.
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B. Occupational, Safety and Health Act (OSHA), as applicable to this Fonnal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
M. 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 tenninates 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, 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.
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.
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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 ofMiami 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.
(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.
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(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a
certification that neither the Contractual Party nor any of its principal owners or personnel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall
render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall
be provided promptly to the Contractual Party, along with a notice of said parry's right to seek judicial
relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction
or repair of a public building or public work, may not submit response on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperfortnance, 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 tennination. 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 terns 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
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.
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1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in
the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing
Department. Should it be found necessary, a written addendum will be incorporated in the Formal
Solicitation and will become part of the purchase agreement (contract documents). The City will not be
responsible for any oral instructions, clarifications, or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving
precedence to the following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terns 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 RFL1s, 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'sfProposer(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
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 terns 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.
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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 detennined 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 teens 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 fimr for the period of performance or resulting purchase orders or
contracts, which are to be performed or supplied over a period of time.
1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-105)
(a) The Commission approves implementation of the first -source hiring agreement policy and requires
as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants
and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring
agreements between the organization or individual receiving said contract and the authorized representative
unless such an agreement is found infeasible by the city manager and such finding approved by the City
Commission at a public hearing.
(b) For the purpose of this section, the following terms, phrases, words and their derivations shall have
the following meanings:
Authorized representative means the Private Industry Council of South Florida/South Florida Employment
and Training Consortium, or its successor as local recipient of federal and state training and employment
funds.
Facilities means all publicly financed projects, including but without limitation, unified development
projects, municipal public works, and municipal improvements to the extent they are financed through
public money services or the use of publicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG), economic
development agency construction loans, loans from Miami Capital Development, Incorporated, and all
federal and state grants administered by the city.
Service contracts means contracts for the procurement of services by the city which include professional
sery ices.
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
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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. 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.
1.41. 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 terns and provisions hereof.
1.42. 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
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.
1.43. 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
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investigation.
1.44. 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 BidderfProposermust 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.
1.45. 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.
1.46. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation
will not be made available until such time as the City provides notice of a decision or intended decision or
within 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be
furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation.
Tabulations also are available on the City's Web Site following recommendation for award.
1.47. 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.
1.48. 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).
1.49. 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.
1.50. 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;51. 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.
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1.52. 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.
1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance
with specifications under the direction of the Florida Department of Agriculture and Consumer Services or
by other appropriate testing Laboratories as determined by the City. The data derived from any test for
compliance with specifications is public record and open to examination thereto in accordance with
Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and
returned at 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.
1.54. 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.
1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its
best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts
for these herein goods and/or services, and to make use of other competitively bid (governmental)
contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be
available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of
the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction
with this Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with
construction projects are solicited under a distinctly different solicitation process and shall not be purchased
under the terms, conditions and awards rendered under this solicitation, unless such purchases are
determined to be in the best interest of the City.
1.56. 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.
1.57. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or
joint venture will be considered in response to this Formal Solicitation. When submitting an alternate
response, please refer to the herein condition for "Alternate Responses May Be Considered".
1.58. 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.
1.59. 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.
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1.60. 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 (l00%) of the contract price.
1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to
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 fine 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 Biddcr'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.
1.62. 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.
1.63. 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.
1.64. 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.
1.65. PROMPT PAYMENT—Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered -in -determining -the lowest net cost -for response -evaluation purposes. •
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for
the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is
understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final
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acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of
delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is
necessary due to damage, the cash discount period shall commence on the date final approval for payment
is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash
discount, the City is entitled to a cash discount with the period commencing on the date it is determined by
the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful
bidders/proposers during the term of the contract.
1.66. 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.
1.67. 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.
1.68. 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.
1.69. 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.
1.70. 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.
1.71. 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.
1.72. 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.
1.73. 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 Partyand 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.
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(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall
promptly render a written report stating the reasons for the action taken by the City Commission or the City
Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the
protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting
party shall not be entitled to such judicial relief without first having followed the procedure set forth in this
section.
1.74. 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.
I.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. 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, which will be posted on the City of Miami Purchasing Department website, in the Supplier
Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City
Manager's recommendation can be found by selecting the details of the solicitation and is listed as
Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is
indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that
solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this
section of the website daily after responses are submitted to receive the notice; 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
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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
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 ofa 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 ofa written protest filed pursuant to the
requirements of this section, the city shall not proceed further with the solicitation or with the award of the
Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided
in subsection (b) above, unless the City Manager makes a written determination that the solicitation process
or the Contract award must be continued without delay in order to avoid an immediate and serious danger
to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(f) Filing Fee. The written protest must be accompanied by a filing fee in the form ofa 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.
1.75. 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.
1.76. 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.
1.77. 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.
1.78. 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 firrn 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.
1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via
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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
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: 1-95 SOUTH UNTIL IT TURNS INTO US 1. US I SOUTH TO 27TH AVE.,
TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1
BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN
AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: US 1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and
strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by
the United States mail delivery or caused by any other occurrence. Responses received after the
solicitation closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle
System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider
any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be
placed in a separate envelope, box, or package and each envelope, box or package must contain the
information.previously stated in 1.82.A.
1.80. 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.
1.81. 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.
1.82. 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
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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.
1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this
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.
1.84. 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.
1.85.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
attorney's fees incurred by the City by reason of any legal action challenging your claim.
1.86. 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.
1.87. 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.
1.88. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers
must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If
variations are not stated on their Response, it will be assumed that the product fully complies with the
City's specifications.
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for Asbestos Abatement Services Citywide, as
specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with
the terms, conditions and stipulations of the solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Purchasing Department, Attn: Maritza Suarez, CPPB; fax: (305) 400-5025 or
email: msuarez@ci.miatni.fl.us. The solicitation title and number shall be referenced on all
correspondence. All questions must be received no later than Tuesday, October 26, 2010 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. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with
the option to extend for two (2) additional one (1) year periods, subject to the availability of funds for
succeeding fiscal years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.4. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions
established herein.
(2) Availability of funds
2.5. EQUITABLE ADJUSTMENT
The Purchasing Department may, in its sole discretion, make an equitable adjustment in the contract terms
and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the
marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to
circumstances beyond the successful bidder(s) control, (2) the volatility affects the marketplace or industry,
not just the particular contract source of supply, (3) the effect on pricing or availability of supply is
substantial, and (4) the volatility so affects the successful bidder(s) that continued performance of the
contract would result in a substantial loss. Successful bidder(s) might have to supply documentation to
justify any requested percentage increase in cost to the City of Miami.
2.6. CONSUMER PRICE INDEX (CPI FOR FUEL)
The Successful Bidder(s) will be allowed to increase/decrease their contractual prices annually to cover
future drastic fuel price changes. The market changes wilt be determined utilizing the Consumer Price
Index-forAll-Urban Consurhers (CPI=U), U:S. City Average;Miami-Ft. Lauderdale, FL.., Gasoline
(Unleaded Regular), and Index Base Period between 2010 through 2015. The escalation using the CPI will
be determined by the percent change in the level of the CPI between the reference period and a subsequent
time period. This will be calculated by first determining the index point change between the two periods
and then the percent change. The following example illustrates the computation of percent change:
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CPI for current period (February 2010) 244.095
Less CPI for previous period (February 2009) 178.867
Equals index point change 65.228
Divided by previous period CPI 178.867
Equals 0.365
Result multiplied by 100 0.365 x 100
Equals percent change 36.5
Any contractual increases/decreases must occur on the anniversary date of the contract award. Exceptions
may be allowed under extreme volatile market conditions and relief may be sought by exercising the
Equitable Adjustment provision under this contract.
2.7. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are.appropriated and budgeted or are otherwise unavailable in
any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or
his assignee of such occurrence, shall have the unqualified right to terminate the contract without any
penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any
project(s) will be awarded to any firm(s).
2.8. METHOD OF AWARD
Award of this contract will be made to the two (2) lowest responsible and responsive bidders, on a group
by group basis, who bid on all items within a group and whose bid offers the lowest price when all items
within the group are added in the aggregate. The lowest most responsive and responsible bidder will be
considered the "pritnary" vendor and the second lowest most responsive and responsible bidder wil
be considered the "secondary" vendor for each group. The primary vendor will be initially offered the
work on an as needed basis and should the primary vendor not be able to perform said work at that time,
the City has the option to utilize the secondary vendor instead.
Bidders must bid on allitems within a group in order to qualify for that group. Failure to bid on all items
within a group shall disqualify your bid for that group.
2.9. BIDDER'S MINIMUM QUALIFICATIONS
a) Bids will be considered only from firms that are regularly engaged in the business of providing
asbestos abatement 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 asbestos abatement services if awarded a Contract under the terms and
conditions herein stated.
b) 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.
c) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt.
The term "equipment and organization" as used herein shall be construed to mean a fully equipped and
well established industry as detcmiined by the proper authorities of the City of Miami, Florida.
Additionally:
A. The Bidder shall submit the appropriate License(s) and Certificate(s) and a copy of current
Occupational -License, contain the-experience-necessary-to.perform.the servicescontained-herein,.and
be a responsible vendor to avoid any contractual or legal problems, performance issues or any
embarrassment to the City.
I. LICENSES AND QUALIFICATIONS
Bidders must be licensed as required by the applicable regulatory agencies for the purpose of removal,
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encapsulation, enclosure, demolition and maintenance of structures or components covered by or composed
of asbestos -containing materials.
2. 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 Asbestos Abatement issued by the State of Florida or
Miami -Dade 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 Bidders response. 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 closing.
3. EXPERIENCE
Bidders shall demonstrate prior experience on asbestos abatement projects of similar nature and scope
through the submission of letters of reference from the Building Owner's including the name, address and
telephone number of contact person (someone specifically familiar with the bidder's work) for at least three
(3) previous users of service. Include descriptions of projects, locations, and records of all air monitoring
data that were generated during the project. All references may be verified by the City for authenticity and
quality of work performed by the bidder.
4. RESPONSIBILITY
To be considered responsible, bidders shall submit a notarized statement, signed by an officer of the
company containing the following information:
a. A record of any citations issued by Federal, State or Local regulatory agencies relating to asbestos
abatement activity. Include projects, dates, and resolutions. If no citations, so indicate.
b. Penalties, if any, incurred through non-compliance with asbestos abatement project specifications
including liquidated damages, overruns in scheduled time limitations and resolutions. If no penalties so
indicate.
c. Situations, if any, in which an asbestos related contract has been terminated including projects, dates and
reasons for terminations. If no terminations, so indicate.
d. Asbestos -related legal proceedings/claims, if any, in which the bidder (or employees scheduled to
participate in this project) have participated or are currently involved. Include descriptions of role, issue
and resolution to date. If no asbestos —related legal proceedings/claims, so indicate. Have no record of any
other types of pending lawsuits or criminal activities, and have never been declared bankrupt.
NOTE: 1. THROUGH 4. ABOVE WILL BE CONSIDERED IN DETERMINING THE
RESPONSIBILITY OF THE SUCCESSFUL BIDDERS.
2.10. 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.
2.11. 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; froinand .....
against any orders, judgments or decrees which may be entered and which may result from this Contract,
unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof.
The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor,
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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
• Waiver of subrogation
(2) Commercial General Liability:
A. Limits of Liability
Bodily Injury and Property Damage Liability - Each Occurrence: S1,000,000.00
General Aggregate Limit: $2,000,000.00
Personal and Adv. Injury: $1,000,000.00
Products/Completed Operations: $1,000,000.00.
B. Endorsements Required:
City of Miami included as an Additional insured.
Contingent Liability
Contractual Liability
Premises/Operations 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 -
Any one accident $1,000,000.00
B. • Endorsements Required:
City of Miami included as an Additional Insured
(4) Employer's Liability
A. Limits of Liability
$1,000,000.00 for bodily injury caused by an accident, each accident.
$1,000,000.00 for bodily injury caused by disease, each employee
$1,000,000.00 for bodily injury caused by disease, policy limit
(5) Umbrella Policy
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000.00
Aggregate $1,000,000.00
B. Endorsements Required:
City of Miami included as an Additional Insured
(6) Pollution Liability (If applicable)
A. Limits of Liability
Each occurrence $1,000,000.00
Policy Aggregate $1,000,000.00
B. Endorsements Required:
City of Miami included as an Additional Insured
(7) Professional Liability/Error's & Omissions
A. -Limits -of -Liability
Each claim: $1,000,000.00
General aggregate limit: $1,000,000.00
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance
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manuals, which most nearly reflect the operations of the bidder.
All insurance policies required above shall be issued by companies authorized to do business under the
laws of the State of Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial
strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification
by Risk Management prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days
written advance notice to the certificate holder.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation
under this section or under any other section of this Agreement.
—If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be
responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10)
calendar days in advance of such expiration.
—In the event that expired certificates are not replaced with new or renewed certificates which cover
the contractual period, the City shall:
(4) Suspend the contract until such time as the new or renewed certificates are received by the City in
the manner prescribed in the Invitation To Bid.
(5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement
damages from the Bidder in conjunction with the General and Special Terms and Conditions of the Bid.
The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in force for the duration of the contractual period; including any and all option terms that
may be granted to the Bidder.
2.12. METHOD OF PAYMENT
Payment will be made upon final completion and acceptance of this project. The City will pay the contract
price minus any liquidated damages and/or other damages to the Contractor upon final completion and
acceptance.
2.13. COMPLETED WORK
The City shall be notified by the Contractor upon completion of work. The City shall inspect and approve
completed work before authorizing payment. Work not satisfactorilycompleted shall be redone by the
Contractor at no additional charge to the City.
2.14. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS
Although this Solicitation identifies specific facilities/items/products to be serviced, it is hereby agreed and
understood that any facility/item/products may be added/deleted to/from this contract at the option of the
City. When an addition to the contract is required, the successful bidder(s) under this contract shall be
invited to submit price quotes for these new services/items/products. If these quotes are comparable with
market prices offered for similar services/items/products, they shall be added to the contract whichever is in
the best interest of the City and an addendum and a separate purchase order shall be issued by the City.
2.15. CONTRACT ADMINISTRATORS
Upon award, contractor shall report and work directly with Mr. Cedric Mar, Chief Unsafe Structures, who
shall be designated as the Contract Administrator.
2.16. SUPERVISION
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Contractor shall assign one working "On Duty" Supervisor when designated by the contract administrator
or his/her designee. Contractor shall also advise the name and telephone number where a responsible
Supervisor, or the Contractor, may be reached at any time for purposes of taking complaints and receiving
information as to daily contract performance. In the event the assigned Supervisor demonstrates an
inability to properly supervise his/her personnel as determined by the contract administrator or his/her
designee, then the contract administrator or his/her designee have the authority to request the immediate
dismissal of said Supervisor of his/her responsibilities and Contractor is to assign another individual
upon four (4) hour notice (if requested by the City) to supervise staff in a satisfactory manner as
determined by the contract administrator or his/her designee. The City shall only be liable for payment of
the actual hours worked by said Supervisor(s).
2.17. 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
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.
2.18. 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.
2.19. ADDITIONAL CONTRACTOR(S) OR SUBCONTRACTOR(S)
There are no implied or express guarantee that all successful bidders under this contract will receive work
assignments during any given catastrophic events such as tornadoes, hurricanes, severe storms or any other
public emergency. However, the City reserves the right to assign work to multiple successful bidders at
• any given point in time, add Contractor(s) who were not part of the initial award to the contract or direct
successful bidder(s) to hire subcontractor(s), which may or may not be part of this bid contract, to expedite
the clean-up efforts of debris to restore normalcy and order to the lives of City residents, businesses, and
general public in an expeditious manner.
2.20. 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
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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.
2.21. COMMENCEMENT OF PROJECT AND LIQUIDATED DAMAGES
Upon failure to complete the project in accordance with the specifications and to the satisfaction of the
City within the time established, the bidder shall be subject to charges for liquidated damages in the amount
of $100.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of
the contract).
As compensation due to the City for loss of use and for additional costs incurred by the City, due to such
non -completion of the work, the City shall have the right to deduct the said liquidated damages from any
amount due or that may become due to the bidder under this Bid or to invoice the bidder for such damages
if the costs incurred exceed the amount due to the bidder. The Contractor shall also be responsible for all
re -procurement costs, if it fails to commence or complete a project, to hire another contractor to perform
the required job.
2.22. COMPLETION AND LIQUIDATED DAMAGES
The purchase order(s) shall specify the amount of time allotted for thte total completion of all work, not to
exceed thirty (30) days after receipt of Order.
Time may be extended for a specific period when the cause of such delay is behond the control of the
Contractor and provided that notice of such delay is given to the City immediately upon knowledge of
impending delay.
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 charges for liquidated damages in the amouht of
$100.00 for each and every calendar day the the work remains incomplete, as compensation due to the City
for loss and enjoyment of real property and land use. The City shall have the right to deduct the said
liquidated damages from any amount due or that may become due to the bidder under this Bid or to invoice
the bidder for such damages if the costs incurred exceed the amount due to the bidder.
2.23. 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
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measures necessary to protect his own.materials.
2.24. 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).
2.25. WARRANTY
The successful bidder(s) will be required to warrant all work performed. Warranty shall be described as
total completion of all demolition work as per Specifications and to the satisfaction of the City of Miami.
2.27. 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.
2.28. 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.
2.29. TERMINATION
A. FOR DEFAULT
If Contractor_defaultsin.its performance_ under this Contract. and. does not cure the default. within 30days
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
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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 thisContract 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.
2.30. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the solicitation response shall be evaluated or
considered, and any and all such additional terms and conditions shall have no force or effect and are
inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently,
appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood
and agreed that the General and Special Conditions in this solicitation are the only conditions applicable to
this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's
acknowledgment form attests to this.
2.31. PRIMARY CLIENT (FIRST PRIORITY)
The successful bidder(s)/proposer(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)/proposer(s) may have with any other cities and/or counties to perform
similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any
other public emergency impacting various areas during or approximately the same time.
2.32. LAWS, PERMITS AND LICENSES
The contractor shall obtain and pav for all licenses, permits and inspection fees as may be required for
each assigned project. All work shall comply with all applicable federal, state and local laws,
environmental regulations and the South Florida Building Code. Costs for all Permit and License Fees
will be charged —as a passed through- to the City of Miami. Upon submitting invoices for payment,
all permits and licenses and respective receipts demonstrating payment for those obtained permits
and licenses must be attached to the invoice. Invoices will not be processed, if submitted without the
aforementioned supporting documentation.
In the event any governmental restrictions may be imposed which would necessitate alterations of the
material, quality, workmanship or performance of the items offered on this solicitation prior to their
delivery, it shall be the responsibility of the successful bidder(s) to notify the city at once, indicating in
his/her letter the specific regulation which required an alteration. The City reserves the right to accept any
such alteration including any price adjustment(s) occasioned thereby, or to cancel the contract at no
expense or other liability(s) to the City.
2.33. PROVISIONS/ATTACHMENTS APPLICABLE TO GROUP 2 ONLY
Successful Bidder(s) under Group 2 shall be required to comply with the requirements of Attachments A,
B, and C, attached to the Header Section of this IFB.
2.34. PRE-BID/PRE-PROPOSAL CONFERENCE
None
2.35. APPLICABLE STANDARDS AND GUIDELINES
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A. All work under this Invitation to Bid shall be done in strict accordance with all applicable Federal,
State and Local regulations, standards and codes governing asbestos abatement and any other trade work
done in conjunction with the abatement.
B. The most recent edition of any relevant regulation, standard, document or code issued by the EPA
and/or OSHA shall be in effect. Where conflict among the requirements or with these specifications exists
the most stringent requirements shall be in effect or supersede.
C. Copies of all standards, regulations, codes and other applicable documents, including this
specification and those listed in Section 3.0, Specifications, will be available at the work site in the clean
change area of the worker decontamination system.
D. SPECIFIC REQUIREMENTS
a). Occupational Safety and Health Administration (OSHA).
1. Title 29 Code of Federal Regulations Section 1910.1001 — Asbestos Regulations
2. Title 29 Code of Federal Regulations Section 1910.1034 - General Industry Standard for Asbestos.
3. Title 29 Code of Federal Regulations Section 1910.1034 - General Industry Standard for Asbestos.
4. Title 29 Code of Federal Regulations.Section .1926.2 - Construction Industry.
5. Title 29 Code of Federal Regulations Section 1910.2 - Access to Employee Exposure an Medical
Records.
6. Title 29 Code of Federal Regulations Section 1910.1200 — Hazard Communication.
b) United States Environmental Protection Agency (EPA):
1. Title 40 Code of Federal Regulations Part 61 Sub parts A and N (Revised Sub -part B) - National
Emission Standard for Asbestos.
2. Regional, National Emissions Standards for Hazardous Air Pollutants (NEE -TAPS)
3. American National Standard Practices for Respiratory Protection, ANSI Z88.2-1969
4. Any other applicable Federal, State or Local rules and regulations
2.36. PERSONNEL REQUIREMENTS
A. Contractors and Consultants, in addition to all other qualifications, the successful bidder(s) and its
personnel must meet the minimum requirements of the State of Florida Department of Labor and
Employment Security (P.S. 255-551, 255-565) and the Department of Professional Regulation (P.S.
455-301, 455-309) for licensure of Consultants and Contractors.
B. Workers Asbestos removal workers shall have a minimum of :
1. Three (3) days training course
2. One (1) day annual up -date
3. Fifty (50) multiple choice exam with a 70% passing score. Proof to be submitted to the City prior to
commencement of work.
2.37. INFORMATION TO BE SUBMITTED WITH BID
A. The contractor must submit a summary of his training program and/or a list of EPA approved
training certification courses that his/her employees have attended (including name of course and presenter
of the course).
B. The contractor must submit a summary of his/her written respiratory protection program which is
in compliance with OSHA regulations. A copy of this program shall be made available to the owner and/or
industrial hygienist upon request.
C:— - - The.contractor-must-have an -established -medical surveillance program in compliance with.29 CFR
1926.1101. A statement must be submitted that all personnel participate in a medical surveillance program.
D. Provide the name, training and/or certification of the air monitoring supervisor.
E. Name and address of the laboratory to be used in air sample analysis.
F. Proposed location of the decontamination unit. (This is subject to approval by the project monitor).
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G. Name/location of the EPA approved sanitary iandfiil used for disposal of asbestos waste materials.
H. Manufacturer's Technical Data Sheets on proposed surfactant, encapsulant and mastic
remover.
2.38. LEGAL REQUIREMENT FOR POLLUTION CONTROL
It is the intent of these Specifications to comply with the Dade County Pollution Control Ordinance. For
this reason this ordinance is a part of these Specifications by reference and must be obtained, if necessary,
by the bidder through the Dade County Clerk, Suite 210, 111 NW 1 Street, Miami, Florida 333128-1983.
2.39. DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER
The successful Bidder(s) shall promptly correct all deficiencies and/or defects in work and/or any work
that fails to conform to the Contract Documents; whether or not fabricated, installed or completed. All
corrections shall be made within five (5) calendar days after such rejected defects, deficiencies, and/or
non -conformance's are verbally reported to the Bidder by the City's Contract Administrator. The
successful Bidder shall bear all costs of correcting such rejected work. If the Bidder fails to correct the
work within the period specified, the City may, at its discretion, notify the Bidder, in writing, that the
Bidder is subject to contractual default provisions if the corrections are not completed to the satisfaction of
the City within seven (7) calendar days of receipt of the notice. If the Bidder fails to correct the work
within the period specified in the notice, the City shall place the Bidder on default, obtain the services of
another vendor to correct the deficiencies, and charge the Bidder for these costs; either through a deduction
from the final payment owed to the Bidder or through direct invoicing.
2.40. TOXIC SUBSTANCES/FEDERAL "RIGHT TO KNOW" REGULATIONS
The Federal "Right to Know" Regulation implemented by the Occupational Safety and Health
Administration (OSHA) and the Florida "Right -to -Know" Law requires employers to inform their
employees of any toxic substances to which they may be exposed in the workplace, and to provide training
in safe handling practices and emergency procedures. It also requires notification to local fire departments
of the location and characteristics of all toxic substances regularly present in the workplace.
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3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
The work specified herein shall be the removal and encapsulation of asbestos -containing materials by
competent persons trained, knowledgeable and qualified in the techniques of abatement, handling and
disposal of asbestos- containing and asbestos -contaminated materials who comply with all applicable
Federal, State, and Local regulations and arc capable of and willing to perform the work of this Invitation
to Bid. The cleaning of contaminated areas should be preceded by a brief scope of work description
indicating as a minimum: a) locations of areas of involvement, and b) basic work sequences.
3.2. DEFINITIONS
Abatement
Procedures to control fiber release from asbestos- containing materials include removal, encapsulation,
enclosure, repair, demolition and renovation activities.
A.C.G.I.H
American Conference of Government Industrial Hygienists, 6500 Glenway Avenue, Building
D-5, Cincinnati, Ohio 45211.
A.I.H.A
American Industrial Hygiene Association, 475 Wolf Street, Akron, Ohio 44311.
Airlock
A system for pennitting ingress and egress with minimum air movement between a contaminated area and
an uncontaminated area, typically consisting of two curtained doorways separated by a distance of at least 3
feet such that one passes through one doorway into the airlock, allowing the doorway sheeting to overlap
and close off the opening before proceeding through the second doorway, thereby preventing flow -through
contamination.
Air Monitoring
The process of measuring the fiber content of a known volume of air collected during a specific period of
time. The procedure normally utilized for asbestos follows the NIOSH standard Analytical Method for
Asbestos in Air P&CAN 239 or Method 7400. For clearance air monitoring, electron microscopy methods
may be utilized for lower detectability and specific fiber identification.
• Air Sampling Professional
(If requested by the City) The professional employed by the Bidder to supervise and/or conduct air
monitoring and analysis schemes, may also function as the Asbestos Project Manager, if qualified.
Supervision of air sampling and evaluation of results should be performed by an individual certified in the
Comprehensive Practice of Industrial Hygiene (C.I.H.) and having specialized experience for a minimum
of two years in air sampling for asbestos. Others acceptable Air Sampling Professional include
Environmental Engineers, Architects, chemists and Environmental Scientists or others with the equivalent
experience of a minimum of two years in asbestos air monitoring. Prior to any job assignment, name
experience and proof of qualification must be submitted to the City Asbestos Project Manager in writing.
- Amended Water
Water to which a surfactant has been added-
• A.N.S.I
American National Standards Institute, 1430 Broadway, New York, New York 10018.
Asbestos
Asbestos means the asbestiform varieties of serpentine (chrysotile), nebeckite (crocidolite), cummingtonite
—grunerite (amosite), anthrophyllite, and actinolite, and tremolite. It could be in the forms of friable and
non -friable.
Asbestos containing materials
ACM Materials composed of asbestos of any type and in an amount greater that 1% by weight,
-either alone or mixed with -other -fibrous -or non -fibrous materials.
Asbestos containing Waste material Asbestos containing material or asbestos contaminated
objects requiring disposal.
City Asbestos Project Manager (also known as Certified Designated Person) A Certified
Designated Person qualified by virtue of experience in asbestos abatement projects, education
and valid certification designated as the City's representative and responsible overseeing the
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asbestos abatement project prior to any job assignment.
A.S.T.M
American Socicty for Testing and Materials, 1916 Race Street, Philadelphia, Pa. 19103.
Authorized Visitor
The Owner (and any designated representatives) and any representatives of a regulatory or other agency
having jurisdiction over the project.
City Asbestos Project Managers, City of Miami or it's Authorized Representative.
• Certified Industrial Hygienist
An Industrial Hygienist is an individual holding a current certificates in the "Comprehensive Practice of
Industrial Hygiene (CIH) issued by the American Board of Industrial Hygiene.
• Clean Room
An uncontaminated area or room which is a part of the worker decontamination enclosure system with
provisions for the storage of worker's street clothes and clean protective equipment.
• Successful Bidder
The individual and/or business with which the City arranges to perform the asbestos abatement. The bidder
is responsible for the proper completion of project activities in accordance with this contract specifications.
• Curtained Doorway
A device to allow ingress or egress from one room to another while permitting minimal air movement
between the rooms, typically constructed by placing two overlapping sheets of plastic over an existing or
temporarily framed doorway, securing each along the top of the doorway, securing the vertical edge of one
sheet along one vertical side of the doorway and securing the vertical edge of the other sheet along the
opposite vertical side of the doorway. Other effective designs are permissible.
Decontamination Enclosure System
A series of connected rooms, separated from the work area and from other by air locks, for the
decontamination of workers and equipment.
• Demolition
The wrecking or taking out of any load -supporting structural members of facility together with any related
handling operations.
• Encapsulant
A liquid material which can be applied to asbestos containing materials which controls the possible release
of asbestos fibers from the materials either by creating a membrane over the surface (bridging encapsulant)
or by penetrating into the material and binding its components together (penetrating encapsulant).
• Encapsulation
The application of an encapsulant to asbestos containing materials to control the release of asbestos fibers
into the air.
- Enclosure
The construction of an air -tight, impermeable, permanent barrier around asbestos containing material to
control the release of asbestos fibers into the air.
• E.P.A
U.S. Environmental Protection Agency, 401 M. Street S.W., Washington D.C. 20460.
Equipment Decontamination Enclosure System
That portion of a decontamination enclosure system designed for controlled transfer of materials and
equipment into or out of the work area, typically consisting of a washroom and holding area.
Equipment Room
A contaminated area or room which is part of the worker decontamination enclosure system with
provisions for storage or contaminated clothing and equipment.
• Facility
Any_institutional,.commercialorindustrial structure,. installation or building..,.
• Facility Component
Any pipe, duct, boiler, tank, reactor, turbine or furnace at or in a facility or any structural member of a
facility.
• Fixed Object
A piece of equipment or furniture in the work area which cannot be removed from the work area.
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• Friable Asbestos
Asbestos containing material which can be crumbled to dust, when dry, under hand pressure.
Glovebag Technique
A method limited applications for removing small amounts of friable asbestos -containing material from
HVAC ducts, shorts piping runs, valves, joints, elbows, and other non —planar surfaces in a non- contained
(plasticized) work area. The glovebag assembly is manufactured or fabricated device consisting of a
glovebag (typically constructed of 6 mil transparent polyethylene or poly —vinyl -chloride plastic), two
inward projecting long sleeves, an internal tool pouch, and attached labeled receptacle for asbestos waste.
The glovebag is constructed and installed in such a manner that it surrounds the object or material to be
removed and contains all asbestos fibers released during the process. All workers who are permitted to use
the glovebag technique must be highly trained experienced and skilled in this method.
• H.V.A.0
Heating, Ventilation and Air Conditioning system.
• H.E.P.A. Filter
A high efficiency particulate air filter capable of removing particles >0.3 microns in diameter with 99.97%
efficiency.
H.E.P.A. Vacuum
A vacuum system equipped with HEPA filtration.
Holding Area
A chamber in the equipment decontamination enclosure located between the washroom and an
uncontaminated area. The holding area Comprises an airlock.
• Movable Object
A piece of equipment or furniture in the work area which can be removed from the work area.
• Negative Pressure Ventilation System
A portable exhaust system equipped with HEPA filtration and capable of maintaining a constant low
velocity air flow into contaminated areas from adjacent uncontaminated areas.
• N.E.S.H.A.P.S
The National Emission Standards for Hazards Air Pollutants (40 CFR Part 61).
N.1.O.S.H
The National Institute for Occupational Safety and Health, ODCINIOSH, Building J N.E. Room 3007,
Atlanta, GA 30333.
• 0.S.H.A
The Occupational Safety and Health Administration, 200 Constitution Avenue, Washington D.C. 20210
• Outside Air
The air outside buildings, structure or available source.
- Plasticize
To cover floors and walls with plastic sheeting as herein specified.
• Prior Experience
A licensed Abatement Contractor and a minimum of three (3) projects successfully completed experience
is required of the contractor on asbestos projects of similar nature and scope to insure capability of
performing the asbestos abatement in a satisfactory manner. Similarities shall be in areas related to material
composition, project size, abatement methods required, number of employees and the engineering work
practice and personal protection controls required.
• Removal
The stripping of any asbestos containing materials from surfaces or components of a facility.
Renovation
Altering in any way one or more facility components. Operations in which load -supporting structural
members are wrecked or taken out are excluded.
•.- -....Shower..Room _..__...
A room between the dean room and the equipment room in the worker decontamination enclosure with
hot and cold or warm running water controllable at the tap and suitably arranged for completed showering
during decontamination.
• Staging Area
Either the holding area or some near the waste transfer airlock where containerized asbestos waste has
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been placed prior to removal from the work area,
• Strip
To take off friable asbestos materials from any part of facility.
Structural Member
Any Toad -supporting member of a facility, such as beams and Toad -supporting walls or any non -load
supporting member, such as ceiling and non —loading— supporting walls.
Surfactant
A chemical wetting agent added to water to improve penetration.
• Visible Emissions
Any emissions containing particulate asbestos material that are visually detectable without the aid of
instruments. This does not include condensed uncombined water vapor.
• Waste Transfer Airlock
A decontamination system utilized for transferring containerized waste from inside to outside of the work
area.
• Wet Cleaning
The process of eliminating asbestos contamination from building surfaces and objects by using cloths,
mops, or other cleaning utensils which have been dampened with water and afterwards thoroughly
decontaminated or disposed of as asbestos contaminated waste.
• Work Area
Designated rooms, spaces, or areas of the project in which asbestos abatement actions are to be undertaken
or which may become contaminated as a result of such abatement actions. A contained work area is a work
area which has been sealed, plasticized, and equipped with a decontamination enclosure system. A non -
contained work area is an isolated or controlled— access work area which has not been plasticized nor
equipped with a decontamination enclosure system.
- Worker Decontamination Enclosure
A decontamination system consisting of a clean room, a shower room, and an equipment room separated
from each other and from work area airlock and contained doorways. This system is used for all worker
events and exist in the work area and for equipment and waste pass out for small jobs.
3.3. SUBMITTALS AND NOTICES
A. Bidder shall:
1. Prior to Commencement of Work:
a. Send written notification of all abatement project involving sprayed, troweled or otherwise applied
material or covering or composing building structures or components, at least ten (10) days prior to the
commencement of any on -site project activity. Provide the City (user Department), Risk Management,
DERM, Fire and Police Department with a copy of the notice. (Attach a copy of notification forms and list
of air pollution control agencies).
b. Submit written notice to the City that required permits, site location and arrangements for transport and
disposal of asbestos containing waste materials have been made. Obtain and submit a copy of handling
procedures and list of protective equipment utilized for asbestos disposal at the landfill, signed by the
landfill representative (Required for all abatement projects).
c. At the beginning of each job submit a sworn statement to the City Contract Administrator that the
bidder's employees, including foremen, supervisors and any other company personnel or agents who may
be exposed to airborne asbestos fibers or who may be responsible for any aspects of abatement activities,
have received adequate training.
d. Submit documentation from a physician that all employees or agents who may be exposed to airborne
asbestos in excess of background level have been provided with an opportunity to be medically monitored
to determine whether they are physically capable of working while wearing the respirator required without
suffering adverse health effects. In addition, document that personnel have received medical monitoring as
required in-OSI29 CFR--1910.-1001 (j): The -Successful Bidder -must -be -aware -of -and -provide information to -
the examining physician about unusual conditions in the workplace environment (e.g. high temperatures,
humidity, chemical contaminants) that may impact on an employee's ability to perform work activities.
e. Submit to the City Contract Administrator at the beginning of each job, Shop drawings for layout and
construction of decontamination enclosure system and barriers for isolation of the work area as detailed in
this specification and required by applicable regulations.
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f. Inspect the premises with the City Contract Administrator wherein all abatement and abatement related
activities will occur and agree in writing on building and fixture conditions prior to the commencement of
work. This document should be signed by both the Successful Bidder and the City Contract Administrator.
g. Submit manufacturer's certification that 1-iEPA vacuums, negative pressure ventilation units and other
local exhaust ventilation equipment conform to ANSI 29.2-79.
h. When rental equipment is to be used in abatement areas or to transport asbestos contaminated waste
submit a written notification concerning intended use of the rental equipment to the rental agency and a
copy submitted to the City.
i. Document NIOSH approvals for all respiratory protective devices utilized on site. Include manufacturer
certification of HEPA filtration capabilities for all cartridges and filters.
j. Submit pre -abatement air sampling results. Include location of when samples were taken, name of Air
Sampling Professional, equipment, and methods utilized for sampling and analysis.
k. Submit documentation of respirator fit -testing for all bidder's employees and agents who must enter the
work area. This fit- testing shall be in accordance with qualitative procedures as detailed in the OSHS lead
standard 29 CFR 1910.1025 appendix D Qualitative Fit Test Protocol or be quantitative in nature.
B. Submit, as necessary, Material Safety Data Sheets (MSDS) for chemicals or hazardous materials used
during the abatement process.
C. During Abatement Activities:
1. Submit job progress reports on a weekly basis (unless otherwise specified by the City's Contract
Administrator) detailing abatement activities. Include review of progress with respect to previously
established progress with respect to previously established milestones and schedules, major problems and
action taken, injury reports, equipment breakdown and bulk material and air sampling results conducted by
bidder's Air Sampling Professional.
2. Submit copies of all transport manifests, trip tickets and disposal receipts for all asbestos waste materials
removed from the work area during the abatement process.
3. Submit daily, copies of work site entry log books with information on worker and visitor access.
4. Submit Togs documenting filter changes on respirators, HEPA vacuums, negative pressure ventilation
units, and other engineering controls.
5. Submit results of air sampling data collected during the course of the abatement including OSHA
compliance air monitoring results.
6. Submit results of materials testing conducted during the abatement of purposes of utilization during
abatement activities (such as the testing of encapsulant for depth of penetration, testing of substitute
materials for adherence to encapsulated surfaces).
7. Post in the clean room area of the worker decontamination enclosure a list containing the names,
addresses, and telephone numbers of the successful bidder's employees, the City agency, the Asbestos
Project Officer, the General Superintendent, the Air Sampling Professionals, the testing laboratory and any
other personnel who may be required to assist during abatement activities (e.g. Safety Officer, Building
Maintenance Supervisor, Energy Conservation Officer).
8. Prior to Commencement of Work
a. Notify Police and Fire Department as well as the occupants of work areas that may be disrupted by the
abatement of project dates and requirements for relocation. Arrangements must be made prior to start, for
relocation of desks, files, equipment and personal possessions to avoid unauthorized access into the work
area. (Note: Notification of all building occupants and users is recommended in order to prevent
unnecessary or unauthorized access to the contaminated work area). This shall be coordinated with the City
Contract Administrator.
b. Provide to the City Contract Administrator information concerning access, shutdown and protection
requirements of certain equipment and systems in the work area.
3.4. SITE SECURITY
A. The work area is to be restricted by the successful bidder to authorized, trained, and protected
personnel. These may include the successful bidder's employees, employees of subcontractor, City
employees and representatives, State and Local inspectors and by other designated individuals. A list of
authorized personnel shall be established prior to job start and posted in the clean room of the worker
decontamination facility.
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B. Entry into the work area by unauthorized individuals shall be reported by telephone immediately to the .
City Contract Administrator by the successful bidder.
C. A log book shall be maintained by the successful bidder in the clean -room area of the worker
decontamination system. Anyone who enters the work area must record name, affiliation, time in, and time
out for each entry.
D. Access to the work area shall be through a single worker decontamination system supplied by the
bidder located at the area for each specific project. All other means of access (doors, windows, hallways,
etc.) shall be blocked or locked so as to prevent entry to or exit from the work area. The only exceptions for
this vile are the waste pass —out airlock which shall be sealed except during the removal of containerized
asbestos waste from the work area, and emergency exits in case of fire or accident. Emergency exits shall
not be locked from the inside; however, they shall be sealed with polyethylene sheeting and tape until
needed.
E. Successful Bidder should have control of site security during abatement operations whenever possible,
in order to protect work efforts and equipment.
3.5. EMERGENCY PLANNING
A. An emergency plan shall be developed prior to abatement initiation by the successful bidder and
approved by the City Contract Administrator. Emergency planning shall include written notification of
police, fire and emergency medical personnel of planned abatement activities, work schedule and layout of
work area, particularly barriers that may affect response capabilities. Emergency planning shall include
considerations of fire, explosion, toxic atmospheres, electrical hazards, slips, trips and falls, confined
spaces and heat related in procedures shall be provided.
B. Emergency procedures shall be in written form and prominently posted by the successful bidder in the
clean change area and equipment room of the worker decontamination area. Everyone prior to entering the
work area must read and sign these procedures to acknowledge receipt and understanding of work site
layout, location of emergency exits and emergency procedures.
C. Employees shall be trained by the successful bidder in evacuation procedures in the event of workplace
emergencies.
I. For non —life —threatening situations — employees injured or otherwise incapacitated shall decontaminate
following normal procedures with assistance from fellow workers if necessary, before exiting the
workplace to obtain proper medical treatment.
2. For life -threatening injury or illness, worker decontamination shall take least priority after measures to
stabilize the injured worker, remove him from the workplace and secure proper medical treatment.
D. Telephone numbers of all emergency response personnel shall be prominently posted by the successful
bidder in the clean change area and equipment room, along with the location of the nearest telephone.
3.6. PRE -START MEETING
A. The successful bidder shall attend a pre -start job meeting for each special project. Attending this
meeting will be representatives of the City and/or his/her designated representative agents along with
testing/monitoring personnel (e.g. Asbestos Project Manager, Air Sampling Professional) who will actually
participate in the City testing/monitoring program.
B. The successful bidder and supervisory personnel who will provide on —site direction of the abatement
activities must attend. The successful bidder's Air Sampling Professional shall also attend.
C. At this meeting the successful bidder shall provide all submittals as required in Section 7. In addition
he/she shall be prepared to provide in writing detailed information concerning:
I. Preparation of work area.
2. Personal protective equipment including respiratory protection and protective clothing.
3. Employees who will participate in the project, including delineation of experience, training, and
assigned responsibilities during the project.
4. Decontamination procedures for personnel, work area and equipment.
5. Abatement methods and procedures to be utilized.
6. Required air monitoring procedures.
7. Procedures for handling and disposing of waste materials.
8. Procedures for final decontamination and cleanup.
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9. A sequence of work and performance schedule.
10. Procedures for dealing with heat stress.
11. Emergency procedures.
3.7. MATERIALREQUIREMENTS
A. General (all abatement projects)
The successful bidder shall be responsible for the following:
I. Deliver all taterials in the original packages, containers or bundles bearing the name of the
manufacturer and the brand name (where applicable).
2. Store all materials subject to damage off the ground, away from wet or damp surfaces and under cover
sufficient enough to prevent damage or contamination. Replacement materials shall be stored outside of the
work area until abatement is completed.
3. Damaged deteriorating or previously used materials shall not be used and shall be removed from the
work site and disposed of properly.
4. For demolition install modified containment and minimum Polyethylene sheeting layers as required by
Federal, State and Local regulations.
5. Method of attaching polyethylene sheeting shall be agreed upon in advance by the successful bidder and
approved by the City Contract Administrator and selected to minimize damage to equipment and surfaces.
Method of attachment may include any combination of duct tape or other waterproof tape, furring strip,
spray glue, staples, nails, screws or other effective procedures capable of sealing polyethylene to dissimilar
finished or unfinished surfaces under both wet and dry conditions (including the use of amended water).
6. Polyethylene sheeting utilized for workers decontamination enclosure shall be opaque white or black in
color.
7. Special materials required to protect objects in the work area should be detailed (e.g. plywood over
carpeting or hardwood floors to prevent damage from scaffolds and falling materials).
8. Disposal bags shall be of 6 mil polyethylene, pre printed with labels as required by EPA regulation 40
CFR 61.152 (b)(i)(iv) or OSHA requirement 29 CFR 1910.1001 (q)(2)(ii).
9. Disposal drums, when needed, shall be metal or fiber board with locking ring tops.
10. Stick —on labels as per EPA or OSHA requirements.
11. Warning signs as required by OSHA 29 CFR 1910.1001 (g)(i)(ii) or as proposed in 29 CFR 190.1001
Asbestos Proposed Rule, Federal Register and Vol. 49, Tuesday, April 10, 1984 (recommended).
B. Removal Materials:
The successful bidder shall be responsible for the following:
_1. Surfactant (wetting agent) shall.be a 50/50 mixture of PO ether and polyoxyethylene ester, or
equivalent, mixed in a proportion of 1 fluid ounce to 5 gallons of water or as specified by manufacturer.
(An equivalent surfactant shall be understood to mean a material with a surface tension of 29 dynes/cm as
tested in its properly mixed concentration, using ASTM method D1331-56- "Surface and interfacial Tension
of Solution of surface Active Agents"). Where work area temperature may cause freezing of the amended
water solution, -the addition of ethylene glycol in amounts sufficient to prevent freezing is permitted.
2. Successful Bidder shall specify encapsulating agent to be applied to surfaces from which asbestos
containing material has been stripped and provide material warranty.
C. Encapsulation Materials
The successful bidder shall be responsible for the following:
1. Encapsulation materials shall be specified in writing to the City Contract Adntinistrator(bridging or
penetrating type) and Conform with the flowing characteristics:
a. Encapsulant should not be solvent —based or utilized a vehicle (the liquid in which the solid parts of the
encapsulant are suspended).consisting.of hydrocarbons. _...
b. Encapsulant shall not be flammable.
c. Other requirements shall be specified in writing to the City Asbestos Project Manager. (Note:
Encapsulation may significantly alter the acoustical characteristics of a material, the fire rating of a
material, or the bond of the material to the substrate these factors must be considered during the abatement
method selection process).
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2. Additional materials as necessary for removal, as specified in 11 B.
3.8. EQUIPMENT REQUIREMENTS
A. General (all abatement projects):
The successful bidder shall be responsible for the following:
I . A sufficient quantity of negative pressure ventilation units equipped with HEPA filtration and operated
in accordance with ANSI 29.2-79 (local exhaust ventilation requirements) and EPA guidance document
EPA 560/5-83-002 Guidance of Controlling Friable Asbestos -Containing Materials in Buildings Appendix
F: Recommended Specifications and Operating Procedures for the use of Negative Pressure Systems for
Asbestos Abatement shall be utilized so as to provide one workplace air change every 15 minutes.
To calculate total air flow requirement:
Total ft. = vol of work area (in 15 mm)
To calculate the number of units needed for the abatement:
Number of units needed
If air -supplied respirators are utilized, estimate the volume of supplied air and add to workplace air volume
when calculating ventilation requirements. For small enclosures and glove bags, a HEPA filtered vacuum
system may be utilized to provide negative air pressure.
2. Type "C" air supplied respirators in positive pressure or pressure demand mode with full face pieces and
HEPA filtered disconnect protection are recommended by the U.S. EPA for all full shift abatement work
until the successfully completion of final clearance air monitoring. Powered air purifying respirators
equipped with HEPA filters and full face pieces or respirators with the higher NIOSH assigned protection
factor may be used for inspection or repair work of less 1 hour duration per day. A sufficient supply of
charged replacement batteries and filters and a flow test meter shall be available in the clean change area
for use with powered air purifying respirators. Air purifying respirators with dual high- efficiency (HEPA)
filters may be utilized during work area preparation activities. Spectacle kits and eyeglass must be provided
for employees who wear glasses and who must wear full face piece respirators. Respirators shall be
provided that have been tested and approved by the National Institute of Occupational Safety and Health
for use in asbestos contaminated atmospheres.
3. Compressed air systems shall be designed to provide air volumes and pressure to accommodate
respirator manufacturer's specifications. The compressed air systems shall have a receiver of adequate
capacity to allow escape of all respirator wearers from contaminated areas in the event of compressor
failure. Compressors must have an in -line carbon monoxide monitor and periodic inspection of the carbon
monoxide monitor must be evidenced. Documentation of adequacy of compressed air systems must be
retained on site.
This documentation will include a list of compatible components with the maximum number and type of
respirators that may be used with the system. Periodic testing of compressed air shall insure that systems
provide air of sufficient quality (grade D breathing air as derived in compressed Gas Association
Commodity Specifications G - 7.1).
4. Full body disposable protective clothing, including head, body and foot coverings (unless using
footwear consisting of material impenetrable by asbestos fibers (Tyvex or equivalent) shall be provided to
all workers and authorized visitors in sized adequate to accommodate movement without tearing.
5. Additional safety equipment (e.g. hard hats meeting the requirements of ANSI Standard Z89.I— 1981,
eye protection meeting the requirements of ANSI Z87.1.1979, safety shoes meeting the requirements of
Standard 241.1.1967, disposable PVC gloves), as necessary, shall be provided to. all workers and authorized
visitors.
6_ Non—skid footwear shall be provided to all abatement workers. Disposable clothing shall be adequately
sealed to the footwear to prevent body contamination.
7. If launderable clothing is to be worn underneath disposable protective clothing, it shall be provided by
the successful bidder to all abatement workers. (It is recommended that launderable clothing be a unique,
specific.color.to-enable-it-to be.distinguished-from.general purpose. blue, gray-or.biack coveralls -which -are
commonly worn). Laundering must occur in accordance with 29 CFR 1910.1001 (d) (4) (iii) however, (it is
preferable that the following procedures be utilized).
a. Launderers must be trained in proper techniques for handling asbestos contaminated clothing and
provided with personal protective equipment consisting of appropriate respirators and disposable clothing
for use when needed.
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b. Machines used for laundering asbestos contaminated clothing shall be isolated and restricted for such
use.
c. Washers shall be equipped with filters remove asbestos fibers from discharged water (see section
14.B.7)
d. Dryers shall be isolated and restricted for use with asbestos contaminated fabrics and have HEPA
filtered exhaust.
e. Machine maintenance shall be performed by protected individuals.
8. A sufficient supply of disposable mops, rags and sponges for work area decontamination shall be
available.
A. Removal Equipment: The successful bidder shall be responsible for the following:
1. A sufficient supply of scaffolds, ladders, lifts and hand tools (e.g. scrapers, wire cutters, brushes, utility
knives, wire saws, etc.) shall be provided as needed.
2. Sprayers with pumps capable of providing 500 pounds per square inch (psi) at the nozzle tip at a flow
rate of 2 gallons per minute for spraying amended water.
3. Rubber dustpans and rubber squeegees shall be provided for cleanup.
4. Brushes utilized for removing loose asbestos containing material shall have nylon or fiber bristles, not
metal.
5. A sufficient supply of HEPA filtered vacuum systems shall be available during cleanup.
B. Encapsulation Equipment: The successful bidder shall be responsible for the following:
1. Encapsulant shall be sprayed using airless spray equipment. Nozzle pressure should be adjustable within
the 400 to 1500 psi range (This will be determined by the successful bidder depending on the encapsulant
viscosity and solids content. Tip size shall also be determined based on manufacturer's recommendations).
2. Successful bidder shall provide any additional support equipment as needed.
3. The nature of the encapsulant may effect the requirements of respiratory protection. Vapors that may be
given off during encapsulant application must be taken into account when selecting respirators, if types
other than air supplied are used.
C. Quality Assurance
Monitor pressure differential across Decontamination Unit with a differential pressure meter equipped with
a strip chart recorder. Meter shall be equipped with a warning buzzer which will sound if pressure
differential drops below 0.01 of water.
D. Instruments:
Each unit shall be equipped with a Magnehelic gauge or manometer to measure the pressure drop across
filters and indicate when filters have become loaded and need to be changed. A table indicating the usable
air- handling capacity for various static pressure readings on the Magnehelic gauge shall be affixed near the
gauge for reference, or the Magnehelic ready indicating at what point the filters should be changed, noting
Cubic Fee per minute (CFM) air delivery at that point, Provide units equipped with an elapsed time meter
to show the total accumulated hours of operation.
E. Safety and Warning Devices
The unit shall have an electrical (or mechanical) lockout to prevent fan from operating without a HEPA
filter. Units shall be equipped with automatic shutdown system to stop fan in the event of a major rupture in
the HEPA filter or blocked air discharge. Warning lights are required to indicate normal operation, too high
a pressure drop across the filters (i.e., filter overloading), and to low of a pressure drop (i.e., major rupture
in HEPA filter or obstructed discharge).
F. Electrical Cornponents
Shall be approved by the National Electrical Manufacturers Association (NEMA) and Underwriter's
Laboratories (UL.). Each unit shall be equipped with overload protection sized for the equipment. The
motor, fan; -fan housing, and -cabinet shall be -grounded.- - — -
G. Pressure Differential
Provide a fully operational negative air system within the work area maintaining continuously a pressure
differential across work area enclosures of 0.01 inches of water. Demonstrate to the Owner Representative
the pressure differential by use of a pressure differential meter or a manometer, before disturbance of any
asbestos containing materials.
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H. Monitoring
Continuously monitor and record the pressure differential between the work area and the building outside
of the work area with a monitoring device incorporating a strip chart recorder.
3.9. SUBSTITUTIONS
A. Approval Required
1. This Invitation to Bid is based on the materials, equipment and methods described in the Terms and
Conditions.
2. The City will consider substitution of materials, equipment and methods only when such proposals are
accompanied by full and complete technical data and all other information required by the Owner to
evaluate the proposed substitution. Do not substitute materials equipment or methods unless such
substitution has been specifically approved for this work by the City Contract Administrator in writing and
are in accordance with the E.P.A. Requirements.
B. Availability of Specified Items
1. Successful bidder shall verify prior to bidding that all specified items will be available in time for
installation during orderly and timely progress of the work during the contract period.
2. In the event that specified items will not be available, notify the City prior to the start of any specific
project.
3. Cost of delays because of non —availability of specified items, when such delays could have been avoided
by the successful bidder, will be back- charged and shall not be borne by the City- (The actual cost of delay
will be computed by the City for the specific project and the successful bidder shall be notified in writing).
3.10. PREPARATION
A. Work Areas: The successful bidder shall be responsible for the following:
1. Post caution signs meeting the specifications of OSHA 29 CFR 1910.1001 (g) (1) (ii) at any location
and approaches to a location where airborne concentrations of asbestos may exceed ambient background
levels. Signs shall be posted at a distance sufficiently far enough away from the work area to permit an
employee to read the sign and take the necessary protective measures to avoid exposure. Additional signs
may need to be posted following construction of workplace enclosure barriers.
2. Shut down and lock out electric power to all work area. If power is available, the City will provide it, at
no cost to the contractor, when power is not available the contractor shall include in his bid temporary
connection and/or the use of a portable generator as it may be required for the successful completion of the
job. Insure safe installation (including ground faulting) of temporary power sources and equipment by
compliance with all applicable electrical code requirements and OSHA requirements of temporary
electrical systems.
3. Shut down and lock out all heating, cooling and air conditioning system (HVAC) components that are
in, supply or pass through the work area. (Note: Interiors of existing duct work may require
decontamination. This may be down during the pre— cleaning phase of operations before the duct work is
sealed off or during the final cleaning phase prior to re -engagement of the system. Appropriate equipment
and control measures shall be utilized to prevent contamination of building spaces during this operation.
Adequate cleaning of duct works may sometimes be accomplished by drawing high volumes of air through
the system using the HEM filtered negative pressure ventilation units. Investigate the work area with tape
and 6-mil polyethylene. Also seal any scams in system components that pass through the work area.
Remove all HVAC system filters and place in labeled 6-mil polyethylene bags for staging and eventual
disposal as asbestos contaminated waste.
4. The successful bidder shall provide sanitary facilities for abatement personnel outside of the enclosed
work area maintain them in a clean and sanitary condition throughout the project.
5. Successful bidder will be allowed to connect to existing City water system; where available, and on
approval of the City Asbestos Project Manager. If no City water is available, the City will reimburse the
contractor for the actual cost for providing temporary water services.
- B:-Worker-Decontamination Enclosure-Systems-(Ifrequired)
Successful Bidder shall comply with all minimum applicable Federal, State and Local regulations.
C. Waste Container Pass -out Airlock (where required)
The successful bidder shall be responsible for the following:
1. Prior to commencement of the job, inspect the premises with the City Contract Administrator wherein
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all abatement and abatement activities will occur and agree in writing that a Waste Container Pass -out
Airlock is necessary. This document should be signed by the successful bidder and the City Contract
Administrator.
2. The waste container pass -out airlock shall be constructed at some location away from the worker
decontamination enclosure system. Wherever possible, this shall be located where there is direct access
from the work area to the outside of the building.
3. This airlock system shall consist of an airlock, a container staging area, and another airlock with access
to outside the work area.
4. The waste container pass -out airlock shall be constructed in similar fashion to the worker
decontamination enclosure system using similar materials and airlock and curtain doorway designs.
5. This airlock system shall not be used to enter or exit the work site.
6. Emergency exit shall be established and clearly marked with duct tape arrows or other effective
designations to permit easy location from anywhere within the work area. They shall be secured to prevent
access from uncontaminated areas and still permit emergency exiting. These exits shall be properly sealed
with polyethylene sheeting which can be cut to permit agrees if needed. These exits may be the worker
decontamination enclosure, the waste pass ---out airlock and/or other alternative exits satisfactory to fire
officials.
D. Maintenance of Workplace Barriers and Worker Decontamination Enclosure System The successful
bidder shall be responsible for the following:
1. Following completion of the construction of all polyethylene barriers and decontamination system
enclosures, allow overnight settling to insure that barriers will remain intact and secured to walls and
fixtures before beginning actual abatement activities.
2. All polyethylene barriers inside the workplace, in the worker decontamination enclosure system, in the
waste container pass —out airlock and at partitions constructed to isolate the work area from occupied areas
shall be inspected at least twice daily, prior to the start of each day's abatement activities. Document
inspections and observations in the daily project log.
3. Damage and defects in the enclosure system are to be repaired immediately upon discovery.
4. Use smoke tubes to the effectiveness of the barrier system when directed by the Architect or Project
Manager.
5. At any time during the abatement activities after barriers have been erected, if visible material is
observed outside of the work area or if damage occurs to barriers, work shall immediately stop, repairs be
made to barriers, and debris and residue cleaned up using appropriate HEPA vacuuming and wet mopping
procedures.
6. If air samples collected outside of the work area during abatement activities indicate airborne fiber
concentrations greater than 0.01 f/cc or pre —measured background levels (whichever is lower) work shall
immediately stop for inspection and repair of barriers. Cleanup of surfaces outside of the work area using
HEPA vacuums or wet cleaning techniques may be necessary.
7. Install and initiate operation of negative pressure ventilation equipment as needed to provide one air
change in the work area every 15 minutes. Opening made in the enclosure system to accommodate these
units shall be made air -tight with tape and caulking or both as needed. If more than one unit is installed,
they should be turned on one at a time, checking the integrity of wall barriers for secure attachment and
need for additional reinforcement. Insure that adequate power supply is available to satisfy the
requirements of the ventilating units. Negative pressure ventilation units shall be exhausted to the outside
of the building whenever feasible. Twelve (12) inch extension ducting shall be used to reach from the work
area to the outside when required. Careful installation, air monitoring and daily inspections shall be done to
insure that the ducting does not release fibers into uncontaminated building areas.
E. Enclosure Leakage: The successful bidder shall be responsible for: (if needed)
Once constructed and reinforced as necessary, with negative pressure ventilation units in operation as
required test enclosure for leakage utilizing smoke tubes. Repair or reconstruct as needed.
F. Exits: The successful bidder shall be responsible for:
Clearly identifying and maintaining emergency and fire exits from the work area.
G. Removal of building structural components: The successful bidder shall be responsible for:
1. After isolation of work area as described in previous sections and initiation of negative pressure
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ventilation, remove ceiling (tiles, panels) within the work area carefully. Ifpanels are to be reused, vacuum
them with a HEPA filtered vacuum cleaner and carefully damp sponge and wrap cleaned (tiles panels) in 4
mil polyethylene sheeting and seal with tape. Store as designated by City Contract Administrator
(preferably outside of the work area). If (tiles, panels) are to be discarded it is not necessary to clean them,
but wrap in a similar fashion and stage for disposal in the waste container pass -out airlock. (Disposal is
preferred over re -use when tiles or panels are composed of porous materials because of difficulties in
adequate cleaning).
2. Where suspended ceiling T-grid components must be removed to perform the abatement, HEPA vacuum
and wet —sponge each piece after removal from hanger. Wrap clean grid pieces in 4-mil polyethylene
sheeting and seal with tape. Store as designated by City Contract Administrator or in waste staging area if
designated for disposal.
3. When removal of ceiling grid suspension system is not necessary for accessibility to the asbestos
containing materials, leave the system in place and clean properly following completion of abatement.
4. Remove plaster or drywall ceiling including lathe, furring channel system, wire mesh, ties, clips, screws,
nails and other accessory items as necessary and dispose of as asbestos contaminated waste material.
Plaster ceiling may actually contain asbestos and should be tested. As work progresses, spray ceiling
materials and debris with amended water to keep wet until containerized for disposal.
H. Commencement for work by the successful bidder shall not occur until:
l . Enclosure systems have been constructed and tested.
2. Negative pressure ventilation systems are functioning adequately.
3. All pre -abatement submissions, notification, posting and permits have been provided and are
satisfactory to the City Contract Administrator.
4. All equipment for abatement, clean-up and disposal are on hand.
5. All worker training (and certifications) is completed.
6. Contractor receives a purchase order from the City of Miami Purchasing Department.
I. Alternative procedures:
1. Procedures described in this specification are to be utilized at all times.
2. If specified procedures cannot be utilized, a request must be made in writing to the City Contract
Administrator providing details of the problem encountered and recommended alternatives.
3. Alternative procedures shall provide equivalent or greater protection than procedures they replace.
4. Any alternative procedure must be approved in writing by the City Contract Administrator prior to
implementation.
3.11. WORKPLACE ENTRY AND EXIT PROCEDURES
A. Personnel Entry and Exit The successful bidder shall be responsible for:
1. All workers and authorized personnel shall enter the work area through the worker decontamination
enclosure system.
2. All personnel who enter the work area must sign the entry log, located in the clean room, upon entry and
exit.
3. All personnel, before entering the work area, shall read and be familiar with all posted regulations,
personnel protection requirements (including workplace entry and exit procedures) and emergency
procedures. A sign -off sheet shall be used to acknowledge that these have been reviewed and understood by
all personnel prior to entry.
4. All personnel shall proceed first to the clean room, remove all street clothes and appropriately wear
respiratory protection (as deemed adequate for the job conditions) launderable or disposable coveralls, head
covering and foot covering. Hard hats, eye protection and gloves shall also be utilized if required. Clean
respirators and protective clothing shall be provided and utilized by each person for each separate entry into
the work area.
5:-Personnel'wearing designated personal protective equipment shall proceed"from the clean room through
the shower room and equipment room to the main work area.
6. Before leaving the work area all personnel shall remove gross contamination from the outside of
respirators and protective clothing by brushing and/or wet wiping procedures. (Small HEPA vacuums with
brush attachments may be utilized for this purpose, however, larger machines may tear the suits). Each
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person shall clean bottoms of protective footwear in the walk —off pan just prior to entering the equipment
room.
7. Personnel shall proceed to equipment room where they remove all protective equipment except
respirators. Deposit disposable (and launderable) clothing into appropriately labeled containers for disposal
(and laundering).
8. Reusable, contaminated footwear shall be stored in the equipment room when not in use in the work
area. Upon completion of abatement it shall be disposed of as asbestos contaminated waste (rubber boots
may be decontaminated at the completion of the abatement for reuse).
9. Still wearing respirators, personnel shall proceed to the shower area, clean the outside of the respirators
and the exposed face area under running water prior to removal of respirator and shower and shampoo to
remove residual asbestos contamination. Various types of respirators will require slight modification of
these procedures. An airline respirator with HEPA filter may be disconnected in the equipment room and
worn into the shower. A powered air -purifying respirator face piece will have to be disconnected from the
filter and power pack assembly which is not waterproof, upon entering the shower. A dual cartridge
respirator may be worn into the shower. Cartridges must be replaced for each new entry into the work area.
10. After showering and drying off, proceed to the clean room and wear clean disposable (or launderable)
clothing if re-entry to the work area is foreseen. Wear street clothes if its the end of the work shift.
11. These procedures shall be posted in the clean room and equipment room.
B. Waste Container Pass -Out Procedures: The successful bidder shall be responsible for:
1. Asbestos contaminated waste, that has been containerized, shall be transported out of the work area
through the waste container pass -out airlock (or through the worker decontamination enclosure if a separate
airlock has not been constructed).
2. Waste pass -out procedures shall utilize two (2) teams of workers; an "inside" team and an "outside"
team.
3. The "inside" team wearing appropriate protective clothing and respirators for inside the work area shall
clean the outside, including bottoms, of properly labeled containers (bags, drums, or wrapped' components)
using HEPA vacuums and wet wiping techniques and transport them into the waste container pass -out
airlock. No worker from the "inside" team shall further exit the work area through this airlock,
4. The "outside" team, wearing a different color protective clothing and.appropriately assigned respirators,
shall enter the airlock from outside the work area, enclose the drums in clean, labeled 6 mil polyethylene
bags and remove them from the airlock to the outside. No worker from the "outside" team shall further enter
the work area through this airlock,
5. The exit from this airlock shall be secured to prevent unauthorized entry.
3.12. PERSONNEL PROTECTION REQUIREMENTS:
The successful bidder is responsible for:
A. Training
1. Prior to commencement of abatement activities all personnel who will be required to enter the work area
or handle containerized asbestos containing materials must have received adequate training in accordance
with this document. Verifiable proof shall be submitted prior to commencement of work.
2. Special on -site training on equipment and procedures unique to this job site shall be performed as
required.
3. Training in emergency response and evacuation procedures shall be provided.
B. Respiratory Protection
1. All respiratory protection shall be provided to workers in accordance with the submitted written
respiratory protection program, which includes all items in OSHA 29 CFR 1910.134 (b) 1-11). This
program shall be posted in the clean room of the worker decontamination enclosure system.
2. Workers shall be provided with personally issued, individually identified (marked with waterproof
_designations).respirators..
3. Respirators shall be selected that meet the following level of protection requirements: City Contract
Administrator (in conjunction with an industrial hygienist) must decide on the levels of respiratory
protection that will be required for asbestos abatement activities. Those levels and specific requirements
should be inserted here. (The U.S. EPA recommends that Type "C" air- supplied respirators in positive
pressure or pressure demand mode with full face -pieces and HEPA filtered disconnect protection be
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provided to all full —shift asbestos abatement workers. Powered air -purifying respirators equipped with
HEPA filtration and full face pieces may be utilized for inspection or repair work of less than one (1) hour
duration.
Implementation Suggestions: Use of engineering controls such as negative pressure ventilation units and
HEPA vacuums. Good work practices such as the wetting of asbestos containing material prior to
abatement (when applicable), misting the work area to help fibers settle out, removal in small sections. Use
of glove bags and proper clean-up and containerization all help to reduce airborne fiber levels in the work
area. A properly designed air sampling professional and analytical laboratory, may support the use of
respiratory protective devices that provide a lower factor of protection to the workers than air supplied
respirators, for some abatement activities.
Safety problems associated with the use of airline systems and time and financial constraints may be
reduced through the use of alternative types of respiratory protection. It is imperative, however, that
adequate air monitoring of fiber levels and a well designed respiratory protection program (in accordance
with 29 CFR 1910.134) be implemented. Key points of the respirator program include proper selection of
respirator type and size, training of personnel in the proper inspection, donning, use, cleaning and
maintenance procedures for the respirator selected including their use limitations and good fitting and fit
testing program to provide proper protection. Single -use disposable respirator are not recommended for use
during any asbestos abatement activities. Negative -pressure dual cartridge respirators shall be equipped
with high efficiency filters with exhalation and inhalation valves to permit the performance of positive and
negative pressure fit checks.
4. Fit Testing
a. Workers must perform positive and negative air pressure fit tests each time a respirator is put on,
whenever the respirator design so permits. Powered air -purifying respirators shall be tested for adequate
flow as specified by the manufacturer.
b. Workers shall be given a qualitative fit test in accordance with procedures detailed in the OSHA Lead
Standard (29 CFR 1910.1025, Appendix D, Qualitative Fit Test Protocols) for all respirators to be used on
this abatement project. An appropriately administered quantitative fit test may be substituted for the
qualitative fit test.
c. Documentation of adequate respirator fit must be provided to the City Contract Administrator.
5. Personnel wearing a beard shall be permitted to use only the prescribed respirator to enter the area.
6. Additional respirators (minimum 2 of each type) and training on their donning and use must be available
at the work site for authorized visitors who may be required to enter the work area.
C. Protective Clothing
1. Disposable clothing including head, foot and full body protection shall be provided in sufficient
quantities and adequate sizes for all workers and authorized visitors.
2. Launderable clothing, if required, shall be provided in sufficient quantities and adequate sizes for all
workers and authorized visitors.
3. Hard hats, protective eye —wear, gloves, rubber boots or other footwear shall be provided as required for
workers and authorized visitors. Safety shoes may be required for some activities.
3.13. REMOVAL PROCEDURES
The successful bidder is responsible for:
A. Clean and isolate the work area in accordance with these specifications.
B. Wet all asbestos containing material with an amended water solution using equipment capable of
providing a fine spray mist, in order to reduce airborne fiber concentrations when the material is disturbed.
Saturate the material to the substrate, however, do not allow excessive water to accumulate in the work
area. Keep all removed material wet enough to prevent fiber release until it can be containerized for
disposal. If work area temperatures are below 32 degrees Fahrenheit and amended water is subject to
freezing, dry removal permits and procedures must be utilized. Maintain a high humidity in the work area
by misting or spraying to assist in fiber_setting and.reduce.airborne concentrations._.Wetting_proceduresare
not equally effective on all types of asbestos containing materials but, shall nonetheless be used in all cases.
C. Saturated asbestos containing material shall be removed in manageable sections. Removed material
should be containerized before moving to a new location for continuance of work. Surrounding areas shall
be periodically sprayed and maintained in a wet condition until visible material is cleaned -up.
D. Material removed from building structures or components shall not be dropped or thrown to the floor.
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Material should be removed as intact sections or components whenever possible and carefully lowered to
the floor. If this cannot be done for materials greater than 50 feet above the floor, a dust -tight chute shall be
constructed to transport the material to containers on the floor. The material may also be containerized at
elevated levels (e.g. on scaffolds) and carefully lowered to the ground by mechanical means. For materials
between 15 and 50 feet above the ground they may be containerized at elevated levels or dropped onto
inclined chutes or scaffolding for subsequent collection and containerization.
E. Containers (6-mil polyethylene bags or drums) shall be sealed when full. Wet material can be
exceedingly heavy and double bagging of waste material is usually necessary. A determination of need for
single or double bags must be made early in the abatement process and agreed to by the Building Owner.
Bags shall not be overfilled and they should be securely.sealed to prevent accidental opening and leakage
by tying tops of bags in an overhand knot or by taping in goose -neck fashion. Do not seal bags with wire or
cord. Bags may be placed in drums for staging and transportation to the landfill and shall be
decontaminated on exterior surfaces by wet cleaning and HEPA vacuuming before being placed in clean
drums and sealed with locking ring tops.
F. Large components that are removed intact may be wrapped in 2 layers of 6-mil polyethylene sheeting
secured with tape for transport to the landfill.
G. Asbestos containing waste with sharp -edged components (e.g. nails, screws, metal lath, tin sheeting)
will tear the polyethylene bags. These bags shall be placed in drums for disposal.
H. After completion of all stripping work, surfaces from which asbestos containing materials have been
removed shall be wet brushed and sponged or cleaned by some equivalent method to remove all visible
residue.
I. Clean-up shall proceed in accordance with number 15 (Clean-up Procedure) below.
J. After the work area has been rendered free of visible residues, a thin coat of a satisfactory encapsulating
agent shall be applied to all surfaces in the work area including structural members, building components
and plastic sheeting on walls and floors. Cover non -removable items to seal in non -visible residue. Note:
1. High temperature components such as boilers and pipes may not permit the application of some
encapsulants.
2. If insulation or acoustical materials are to be reapplied to the abated area,•be certain that the encapsulant
selected will permit good adhesion to the substrate. A small area should be tested before application.
K. Special circumstances (e.g. live electrical equipment, high amosite content of material, materials
previously coated with an encapsulant or paint) may prohibit the adequate use of wet methods to reduce
fiber concentrations. For these situations, a dry removal may be required. The successful bidder shall obtain
special permits, different from those mentioned herein from the NESHAP enforcement agency.
3.14. ENCAPSULATION PROCEDURES
A. Clean and isolate the work area in accordance with these specifications. The successful bidder shall
comply with all minimum applicable Federal and State Regulations.
3.15. CLEAN-UP PROCEDURE
The successful bidder shall be responsible for:
A. Removing and containerizing all visible accumulations of asbestos containing material and asbestos
contaminated debris utilizing rubber dust pans and rubber squeegees
B. Following the completion of cleanup operations, the successful bidder shall notify the City Contract
Administrator that work areas are ready for clearance air monitoring.
C. The City Contract Administrator shall then arrange for an Air Monitoring Professional to sample the air
in the work area for airborne fiber concentrations.
D. The City will determine the use of Air Clarence Method by using PCM (Phase Contrast Microscopy) or
TEN (Transmission Electron Microscopy) on an individual job basis.
E. The number of samples that are required and the specific locations where they shall be taken should be
established in writing by the City Contract Administrator in conjunction with an Industrial Hygienist or
licensed Architect7Asbestos Consultant before abatement activity begins.
F. Aggressive sampling shall be performed with (specify number) portable fans circulating air in the work
area to simulate actual use conditions. Before sampling pumps are started, the exhaust from forced air
equipment (Leaf Blower with at least II horsepower electric motor) will be swept against all walls,
ceilings, floors, ledges and other surfaces in the area. This procedure will be continued for five (5) minutes
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for 10,000 cubic feet of area volume. Negative pressure ventilation units shall not be utilized for this
purpose. Negative pressure ventilation will continue to be used until final clean air clearance is achieved.
G. Air sampling method to be used shall be coordinated by the successful bidder with the City Contract
Administrator for the safety of the personnel and efficiency of the work.
H. All samples at all locations shall indicate concentrations of airborne fibers less than 0.01 flee for release
of the work area.
I. Arcas exceeding this level shall be cleaned again using procedures specified and retested until
satisfactory levels are obtained.
Implementations Suggestions:
The following is excerpted from A Review of the Scientific Basis for EPA: School Asbestos Hazard
Program with Recommendations to State Health Officials; Published by the Center for Disease Control in
October, 1984.
When air samples are collected after an asbestos abatement, the "action level" should conform with a
policy of lowest feasible level. The concept of an environmental "action level" is not the same as that of a
permissible exposure limit that is precisely monitored for compliance with regulatory standards. As used
here it is consistent with a policy of recommending that asbestos exposures be reduced to the lowest
feasible level.
A concentration of 0.01 f/c.c. may be useful as a guideline for monitoring a building with potentially
hazardous asbestos surfaces, as part of a comprehensive program or during abatement work maintenance,
etc. It is not a recommended "occupancy" or "safe" level.
3.16. DISPOSAL PROCEDURES
The successful bidder shall be responsible for:
A. As the work progresses, to prevent exceeding available storage capacity on site, sealed and labeled
containers of asbestos containing waste shall be removed and transported to the prearranged disposal
location.
B. Disposal must occur at an authorized site in accordance with regulatory requirements of NESHAP and
applicable State and Local guidelines and regulations.
C. All dump receipts, trip tickets, transportation manifests or other documentation of disposal shall be
delivered to the City Contract Administrator for his records. A recommended record keeping format
utilizing a chain of custody form which includes the names and addresses of the successful bidder,
successful bidder pickup site, disposal site, the estimated quantity of the asbestos waste and the type of
containers used. The form should be signed by the Generator, the successful bidder, and the Disposal Site
Operator, as the responsibility for the material changes hands. If a separate hauler is employed, his name,
address, telephone number and signature should also appear on the form.
D. Transportation to the landfill
1. Once drums, bags and wrapped components have been removed from the work area, they shall be
loaded into an enclosed truck for transportation. Opened truck could be used to transport sealed drums
when prescribed by the regulatory agency.
2. When moving containers, utilize hand trucks, carts and proper lifting techniques to avoid back injuries.
Trucks with lift gates are helpful for raising drums during truck loading.
3. The enclosed cargo of the truck shall be free of debris and lined with 6-mil polyethylene sheeting to
prevent contamination from leaking or spilled containers. Floor sheeting shall be installed first and extend
up the sidewalis. Wall sheeting shall be overlapped and taped into place.
4. Drums shall be placed on level surfaces in the cargo area and packed tightly together to prevent shifting
and tipping. Large structural components shall be secured to prevent shifting and bags placed on top. Do
not throw containers into truck cargo area.
5. Personnel loading asbestos containing waste shall be protected by disposable clothing including head,
body and foot protection and at a minimum, half -face -piece, air -purifying, dual cartridge respirators
equipped with -high efficiency -filters.
6. Any debris or residue observed on containers or surfaces outside of the work area resulting from
clean-up or disposal activities shall be immediately cleaned -up using HEPA filtered vacuum equipment or
wet methods or both as appropriate.
7. Large metal dumpsters are sometimes used for asbestos waste disposal. These should have doors or tops
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that can be closed and locked to prevent vandalism or other disturbance of the bagged asbestos debris and
wind dispersion of asbestos fibers. Unbagged material shall not be placed in these containers, nor shall be
used for non- asbestos waste. Bags shall be placed, not thrown, into these containers to avoid splitting.
E. Disposal at the Landfill
1. Upon reaching the landfill, trucks are to approach the dump location as closely as possible for unloading
of the asbestos containing waste.
2. Bags, drums and components shall be inspected as they are off-loaded at the disposal site. Material in
damaged containers, shall be replaced in empty drums or bags as necessary (Local requirements may not
allow the disposal of asbestos waste in drums). Successful bidder shall check with appropriate agency and
institute appropriate alternative procedures.
3. Waste containers shall be placed on the ground at the disposal site, not pushed or thrown out of trucks
(weight of wet material could rupture containers).
4. Personnel off-loading containers at the disposal site shall wear protective equipment consisting of
disposable head, body and foot protection and, at a minimum, half -face piece, air -purifying, dual cartridge
respirators equipped with high efficiency filters.
5. Following the removal of all containerized waste, the truck cargo area shall be decontaminated using
HEPA vacuums, wet methods, or both, to meet the no visible residue criteria. Polyethylene sheeting shall
be removed and discarded along with contaminated cleaning materials and protective clothing, in bags or
drums at the disposal site.
3.17. RE-ESTABLISHMENT OF THE WORK (AREA AND SYSTEM)
The successful bidder shall be responsible for:
A. Re-establishment of the work area. It shall only occur following the completion of cleanup procedures
and after clearance air monitoring has been performed and documented to the satisfaction of the City
Contract Administrator.
B. Polyethylene barriers shall be removed from walls and floors at this time, maintaining decontamination
enclosure systems and barriers over doors, windows, etc. as required.
C. The successful bidder and City Contract Administrator shall visually inspect the work area for any
remaining visible residue. Evidence of contamination will necessitate additional cleaning as specified.
D. Additional air monitoring shall be performed in accordance with this specifications, if additional
clean-up is necessary. The cost shall be borne by the contractor.
E. Following satisfactory clearance of the work area, remaining polyethylene barriers may be removed and
disposed of as asbestos contaminated waste.
F. At the discretion of the successful bidder, mandatory requirements for personal protective equipment
may be waived following the removal of all barriers.
3.18. SUPPORTACTIVITIES AND PERSONNEL (Training)
The successful bidder shall be responsible for:
1. Prevention of respiratory disease.
2. A chest x-ray (posterior - anterior, 14 x 13 inches) evaluated by a certified B-reader.
3. A pulmonary function test, including forced vital capacity (FVC) and forced expiratory volume at one
second (FEV) 1' administered and interpreted by a Certified Pulmonary Specialist.
4. Employees shall be given an opportunity to be evaluated by a physician to determine their capability to
work safely while breathing through the added resistance of a respirator. (Examining physicians shall be
aware of the nature of respiratory protective devices and their contributions be breathing resistance. They
shall also be informed of the specific types of respirators the employee shall be required to wear and the
work he/she will be required to perform, as well as special workplace conditions such as high temperatures,
high humidity, and chemical contaminants to which he/she may be exposed).
3.19. CITY CONTRACT ADMINISTRATOR
The'City Contract Administrator Shallhavethe authority to stop any job activities if they are notbeing -
performed in accordance with applicable regulations or guidelines or the requirements of this specification.
These will be reported to the Contractor with description of activity, reason for stopping it and alternatives
for correcting the problem.
3.20. LABORATORY SERVICES
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When requested by the City Contract Administrator, the successful bidder shall be responsible for:
A. Laboratory utilized for analyzing air samples by NIOSHA shall be satisfactory participants in the
NIOSH Proficiency Analytical Testing (PAT) program asbestos analysis.
B. Laboratories used for bulkmaterial identification shall be satisfactory participants in the EPA quality
assurance program for bulk asbestos analysis.
C. The period of time permitted between the collection of air samples and the availability of results shall
be less than 24 hours for samples collecting during abatement activities. Timetables for results of
pre -abatement and clearance air samples shall be established by the City Contract Administrator. (On -site
analytical capabilities are preferred for immediate results of sampling. This provides the City Contract
Administrator with a timely review of the successful bidder's performance and a more rapid awareness of
hazardous exposure conditions which can be corrected.
This service may not be readily available, however, real-time monitoring instruments provide some
support in this matter as long as their limitations are clearly understood and the successful bidder and City
Contract Administrator agree in advance on how the results are to be used. These devices do not meet
current OSHA monitoring requirements.
3.21. GLOVE BAG TECHNIQUE
Glove bag shall be used in accordance with the following instructions: Sections of piping, valves, fitting
and pipe elbows can be isolated so that asbestos -containing insulation materials can be removed without
allowing fibers to become airborne outside the bag. All applicable State and Federal regulations must be
followed with regards to the use of glove bags, general work practices, personal protective equipment and
landfill disposal. Workers using glove bags must wear the proper respirators and disposable clothing. City
Contract Administrator may require the use of negative air in Glove Bag removal.
NOTE: Glove Bag must NOT be used in direct contact with heated pipes, valves, fittings and pipe elbows.
It is preferable that all services (steam / hot water) to work site be shut down in advance to ensure worker
safety.
A. Determine the area of pipe that glove bag will enclosure. Wrap a minimum of 3" wide section with duct
tape for both ends of glove bag that will attach to the pipe. This will provide a solid, sealed surface to attach
the glove bag to and allow removal of bag with minimum disturbance to remaining insulation. Leave tape
in place when job is finished.
B. Slit the sides of the glove bag to fit around the outer diameter of the pipe section to be serviced. Place
all tools required to remove the insulation in the tool pouch.
C. Seal the bag to the pipe section as follows:
1. Remove the paper from the adhesive strip on top of bag.
2. Overlap and seal the top flap of the bag to the adhesive section.
3. Reinforce and completely seal the overlap section with suitable duct tape.
4. Use duct tape to form an airtight seal between the edges of the bag and pipe section. Plans to support the
bottom of the bag when removal starts. The weight of insulation and water can strain and separate even a
well constructed seal at the top section of the bag.
D. Make a small slit in the bag and insert the nozzle of the amended water sprayer. This opening will also
be used to insert HEPA vacuum attachment. Seal the open areas of the slit with duct tape.
E. Place arms in armholes and gloves. Thoroughly wet the work area inside the bag with amended water.
Be careful not to fill the bag with excess water which could cause the bag to tear and fall. Carefully remove
asbestos from work area, wetting the material as required.
F. Use damp cloth (in tool pouch) to wipe exposed section of pipe clean of all visible foreign material.
G. Thoroughly wash all reusable tools with sprayer and place in tool pouch for later recovery, wash down
sides of bag thoroughly. An alternate method of tool recovery is to grasp the washed tools in one glove,
pull inside out so tools are inside glove, twist to create a separate pouch, seal with tape, and cut end of
pouch (glove). Place sealed glove into a bucket of water, open under water and rinse and dry tools.
H. Place HEPA vacuum attachment through opening in bag and draw air out of bag for seconds. Do...
NOT draw water into vacuum. Seal hole in bag with duct tape.
1. Squeeze bag tightly together below tool pouch if tools are to be recovered, and tape the neck with duct
tape.
J. Pull suitable asbestos bag over lower portion of glove bag. Cut glove bag across top section (DO NOT
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PULL OR TEAR) and place into disposal bag. Recover tools and immerse them in water to complete
cleaning process. Twist the disposal bag, seal with tape and follow all legal requirements for landfill
disposal.
3.22. HISTORICAL BUILDINGS
The successful bidder shall exercise special care when asbestos abatement will be conducted on historical
buildings and when valuable property (computer system, antiques, historical monuments, etc.) are at risk.
Coordination shall be done through the City Contract Administrator or designated representative.
3.23. EMERGENCIES
This is of the essence. Emergency services will be awarded upon availability of the Contractor.
3.24. DERM INSPECTION FEES
DERM inspection fees will be reimbursed to the successful bidder at its cost. Evidence of cost shall be
required.
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