HomeMy WebLinkAboutRequest for QualificationCity of Miami
Purchasing Department
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
Number: 287259
Title: Request for Qualification for Demolition
Services Citywide
Issue Date/Time: 12-JAN-2012
Closing Date/Time: 01/30/2012 @ 13:00:00
Pre -Bid Conference: None
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification: Wednesday, January 18, 2012 @ 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
msuarez(u,ci.miami.fl.us
(305) 400-5025
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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 fine for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLIER NAME:
ADDRESS •
PHONE:. FAX•
EMAIL: BEEPER.
SIGNED BY:
TITLE: DATE.
FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISOUALIFY THIS BID.
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Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established (proof of active status with the Florida Department of State Division of Corporations
copy must be submitted):
Business Address:
Occupational License Number
Occupational License Issuing Agency (copy of Business Tax Receipt/License must be submitted):
State of Florida General Contractor's License Number (copy must be submitted):
Miami Dade County Certificate of Competency Number for Demolition Work (submit a copy of the
frontand back of the card):
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.
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Contact Person, telephone, fax, and e-mail address for twenty-four (24) hours, seven (7) days a week,
electronic communication:
Reference No. 1: Name of Company/Agency for which bidder is currently providing demolition
services as described in this solicitation, or has provided such services in the past:
Reference No. 1: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1
Reference No. 1: Date of Contract or Sale for above reference no. 1
Reference No. 2: Name of Company/Agency for which bidder is currently providing demolition
services as described in this solicitation, or has provided such services in the past:
Reference No. 2: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2
Reference No. 2: Date of Contract or Sale for above reference no. 2
Reference No. 3: Name of Company/Agency for which bidder is currently providing demolition
services as described in this solicitation, or has provided such services/goods in the past:
Reference No. 3: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3
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Reference No. 3: Date of Contract or Sale for above reference no. 3
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287259
Table of Contents
Terms and Conditions 8
1. General Conditions 8
1.1. GENERAL TERMS AND CONDITIONS 8
2. Special Conditions 26
2.1. PURPOSE 26
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 26
2.3. TERM OF CONTRACT 26
2.4. CONDITIONS FOR RENEWAL 26
2.5. NON -APPROPRIATION OF FUNDS 26
2.6. METHOD OF AWARD -)6
2.7. PROCEDURES FOR ISSUING REQUESTS FOR PRICE QUOTATIONS 27
2.8. MINIMUM QUALIFICATION REQUIREMENT 27
2.9. FAILURE TO PERFORM 28
2.10. INSURANCE REQUIREMENTS 28
2.11. REFERENCES 28
2.12. PRE-BID/PRE-PROPOSAL CONFERENCE 29
2.13. RPQ PRE -BID CONFERENCE/SITE VISIT (MANDATORY) 29
2.14. AUTHORITY OF THE PROJECT MANAGER 29
2.15. COMPLETED WORK 29
2.16. LAYOUT OF THE WORK 29
2.17. CONTRACTORS USE OF PROJECT SITE 29
2.18. USE OF PREMISES 29
2.19. DAMAGES TO PUBLIC/PRIVATE PROPERTY 30
2.20. SPECIFICATION EXCEPTIONS 30
2.21. CITY FURNISHED DRAWINGS 30
2.22. EXTRA WORK 30
2.23. PUBLIC CONVENIENCE AND SAFETY 30
2.24. TERMINATION 31
2.25. ADDITIONAL TERMS AND CONDITIONS 31
2.26. PRIMARY CLIENT (FIRST PRIORITY) 31
2.27. UNAUTHORIZED WORK 31
2.28. LICENSES AND PERMITS 31
2.29. PERFORMANCE 32
2.30. SAFETY MEASURES 32
2.31. LIQUIDATED DAMAGES 32
2.32. PERSONNEL 32
2.33. PRICING AND PAYMENT 32
2.34. CLEANING AND PROTECTION 33
2.35. LIMITATION OF PROJECT 33
2.36. EXTENSION OF TIME 33
2.37. FORCE MAJEURE J3
2.38. INDEPENDENT CONTRACTOR 33
2.39. INSPECTION 34
2.40. DIFFERING SITE CONDITIONS 34
2.41. ACCIDENTS 34
2.42. CONSENT OF CITY REQUIRED FOR SUBLETTING OR ASSIGMENT 35
2.43. CONTRACT CONTAINS ALL ITEMS 35
2.44. CONTRACTOR'S DAMAGE FOR DELAY 35
2.45. CONTRACTOR'S WORK SCHEDULE 35
2.46. CITY MAY AVAIL ITSELF OF ALL REMEDIES 35
2.47. CITY OCCUPANCY 36
2.48. GENERAL REQUIREMENTS 36
2.49. PAYMENTS RELATED TO GUARANTEE OBLIGATIONS 36
2.50. SAFETY PRECAUTIONS 36
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2.51. CONTRACT ADMINISTRATOR 37
2.52. PROVISION/ATTACHMENTS APPLICABLE TO COMMUNITY DEVELOPMENT
PROJECTS ONLY 37
3. Specifications 38
3.1. SPECIFICATIONS/SCOPE OF WORK 38
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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 S25,000.00 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
and including appellate litigation and any post judgment proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to
provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any
books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation,
for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall
maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for
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three (3) years after the City makes final payment and all other pending matters are closed. Contractor's
failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract
by the City.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or
quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s)
established herein, when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and
resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its
own purchase orders, be invoiced there from and make its own payments, determine shipping terms and
issue its own exemption certificates as required by the successful bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement,
amendment or addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or
designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference
to Businesses with Drug -Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as
specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its
contractual obligation if such documents are not submitted in a timely manner and in the form required by
the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action
taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may
accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to
the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution
from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or
increased costs sustained as a result of the Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the
successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or
contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120)
calendar days beyond the stated contract term in order to provide City departments with continual service
and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised,
the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price,
terms and conditions for a specific number of days. Additional extensions over the first one hundred
twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual
agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude
upon completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis,
or such combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon
the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City
reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is
deteiniined 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
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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 Depai tiuent 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 Formal Solicitation.
C. The State of Florida Statutes; Section 287.133(3)(A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as apphcabie 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 terminates at the time the City
Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be
applicable only to Contracts for the provision of goods and services and public works or improvements for
amounts greater than S200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs,
RFLI or 1FBs (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 apolitical subdivision, the City of Miami is subject to the Florida
Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify
that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami
is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal
Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in
writing to the City. Further, you must disclose the name of any City employee who owns, directly or
indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm.
A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource
which may be within his/her/its trust, or perfoml his/her/its duties, to secure a special privilege, benefit, or
exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not
available to members of the general public and gained by reason of his/her/its position, except for
infomiation relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the
personal gain or benefit of any other person or business entity.
B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business
with the City or any person or agency acting for the City, and has not appeared in representation of any
third party before any board, commission or agency of the City within the past two years. Bidder/Proposer
further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister,
to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any
board or agency of the City.
C. A violation of this section may subject the Bidder/Proposer to immediate termination of any
professional services agreement with the City, imposition of the maximum fine and/or any penalties
allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade
County Commission on Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/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.
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.
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(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.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a
certification that neither the Contractual Party nor any of its principal owners or personnel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall
render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall
be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial
relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction
or repair of a public building or public work, may not submit response on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which
shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish
required documents, and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify
the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays
excluded) to remedy the default. Failure on the contractor's part to correct the default within the required
three (3) days shall result in the Contract being terminated and upon the City notifying in writing the
contractor of its intentions and the effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or- within the
time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to
the degree specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to
ensure timely completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or
making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the
successful Bidder/Proposer incapable of performing the work in accordance with and as required by the
Contract.
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F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time
limits stated, together with the cost of completing the work, shall be deducted from any monies due or
which may become due on this Contract.
1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it
is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is
one which follows the requirements of the formal solicitation, includes all documentation, is submitted in
the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as
required on each document. Failure to comply with these requirements may deem a Response
non -responsive.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the
response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms
and Conditions. Price discounts off the original prices quoted in the response will be accepted from
successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for
a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer
to Bidder/Proposer will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in
the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing
Depai intent. Should it be found necessary, a written addendum will be incorporated in the Formal
Solicitation and will become part of the purchase agreement (contract documents). The City will not be
responsible for any oral instructions, clarifications, or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving
precedence to the following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency
or disaster situation, the successful vendor shall provide the City with the commodities/services defined
within the scope of this formal solicitation at the price contained within vendor's response. Further,
successful vendor shall deliver/perform for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this
City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response
and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs,
RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect
to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any,
made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or
changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal
Solicitation and then the Response shall control. This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your
guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The City is not obligated to place an order for any given amount subsequent to the award
of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most
advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities
at the prices bid/proposed or at lower prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Bidder/Proposer fails to acknowledge receipt of addenda;
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2) Bidder/Proposer mistates or conceals any material fact in the Response ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may
reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best
interest of the City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or
contract, or which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and
conditions of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in
accordance with the City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing
the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to
demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material,
equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms
"equipment and organization" as used herein shall be construed to mean a fully equipped and well
established entity in line with the best industry practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications
and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other
governmental entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an
authorized representative of a manufacturer or supplier which is the actual source of supply, if required by
the Formal Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered
non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if
exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating
negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices
quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery
costs and charges included in the bid/proposal price, unless otherwise specified in this Formal
Solicitation. Failure to do so may be cause for rejection of bid/proposal.
1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its
response will be firm throughout the duration of the contract unless otherwise specified in the Formal
Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or
contracts, which are to be performed or supplied over a period of time.
1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-110)
(a) The Commission approves implementation of the fast -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:
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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
services.
Services includes, without limitation, public works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
(c) The authorized representative shall negotiate each first -source hiring agreement.
(d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city
training and employment programs, and other residents of the city.
1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24,
states that employers shall pay employee wages no less than the minimum wage for all hours worked in
Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and
comply with this Florida constitutional minimum wage requirement and pay its employees the current
established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using
the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as
calculated by the United States Depat tuient 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 terms 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 (ITHI) 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;
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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 - Contractor shall indemnify , hold harmless and defend the City, its
officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including,
but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the
performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers,
agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages
arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or
employees were negligent, unless such injuries or damages are ultimately proven to be the result of grossly
negligent or willful acts or omissions on the part of the City, its officials and/or employees.. These
indemnifications shall survive the term of this Contract. In the event that any action or proceeding is
brought against City by reason of any such claim or demand, Contractor shall, upon written notice from
City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly
understands and agrees that any insurance protection required by this Contract or otherwise provided by
Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the
City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend at its own expense to and through
appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and
all claims of liability and all suits and actions of every name and description which may be brought against
City whether performed by Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be
interpreted under the laws of the State of Florida, including without limitation and which conforms to the
limitations of.§725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable.
Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the
City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims
which may result from any actions or omissions of the Contractor in which the City participated either
through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any
submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any
responsibility or liability of the Contractor or Sub -Contractor, under this Agreement.
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 Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical
specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered.
Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this
provision.
1.45. 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
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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, Depai talent 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
A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest
bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local
office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local
bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders
shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid
previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive,
responsible -bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid
between a local bidder and a non -local bidder, contract award shall be made to the local bidder."
B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the
reasonable professional discretion of the City Manager, director of the using agency, and the Chief
Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a
local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor
of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as
applicable; otherwise, it will not apply.
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.
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
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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.
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 (100%) of the contract price.
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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 ai the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The
Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address,
and telephone number on the face page and on each continuation sheet thereof on which he/she makes an
entry, as required.
B. if so required, the unit price for each unit offered shall be shown, and such price shall include
packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise
specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's
compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If
applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated
quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case
of a discrepancy between the unit price and extended price, the unit price will be presumed correct.
C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods
and/or services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in
ink with the firm's name and by an officer or employee having authority to bind the company or firm by
his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person
signing the response or the response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the
Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other fouls 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
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
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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 Party and the city which
arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater
than S25,000, the City Commission must approve the City Manager's decision. Such authority extends,
without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of
complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City
Manager.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall
promptly render a written report stating the reasons for the action taken by the City Commission or the City
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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 S25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1.Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications
or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to
file a protest is considered filed when received by the Chief Procurement Officer; or
ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the
Chief Procurement Officer within three days after the solicitation is published in a newspaper of general
circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement
Officer.
2. Protest of Award.
i. 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 Depai tnient 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
neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be
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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 S25,000, the decision of the Chief Procurement Officer shall be
submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by
the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a
protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the
Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of
such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek
judicial relief without first having followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the
requirements of this section, the city shall not proceed further with the solicitation or with the award of the
Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided
in subsection (b) above, unless the City Manager makes a written determination that the solicitation process
or the Contract award must be continued without delay in order to avoid an immediate and serious danger
to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed
Contract, or S5000.00, 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 firm has a current contract with the State of Florida, Department of General Services, to supply the
items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply
with this request will result in disqualification of bid/proposal.
1.79. 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 how 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 USI. US1 SOUTH TO 27TH AVE.,
TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1
BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN
AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: US 1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and
strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by
the United States mail delivery or caused by any other occurrence. Responses received after the
solicitation closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle
System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider
any subsequent submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be
placed in a separate envelope, box, or package and each envelope, box or package must contain the
information previously stated in 1.82.A.
1.80. 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 ficui's name and the Solicitation number and title marked on the
outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any
person. By your designation of material in your Response as a "trade secret" you agree to indemnify and
hold harmless the City for any award to a plaintiff for damages, costs or attomey's fees and for costs and
attomey's fees incurred by the City by reason of any legal action challenging your claim.
1.86. 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 the Pre -Qualification of Demolition Services
Contractors, 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.miami.fl.us. The solicitation title and number shall be referenced on all
correspondence. All questions must be received no later than Wednesday, January 18, 2012 @ 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 an initial period
of two (2) years with automatic annual extensions until the Purchasing Department deems it in the best
interest of the City to issue a new solicitation.
The City shall have the right to terminate this contract pursuant to Section 2.24 of this solicitation.
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. 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).
2.6. METHOD OF AWARD
Award of this contract will be made to all responsive, responsible vendors who meet the minimum
qualifications set forth in this solicitation. Based on responses to this Request for Qualifications (RFQ), it is
the intent of the City of Miami to create a pre -qualified list of contractors. These contractors shall then be
deemed to be pre -qualified to participate in subsequent spot market purchases as required by the City on an
as -needed basis.
The City shall have the ability to select contractors from the pre -qualified respondent list in its sole and
absolute discretion. There is no guarantee of a minimum amount of work or compensation for any of the
respondents selected for pre -qualification. This RFQ does not in any way limit the City's right to solicit
contracts for similar or identical services if, in the City's sole and absolute discretion, it determines
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responses received are inadequate to satisfy its needs.
During the term of this contract, the City reserves the right to add or delete vendors as it deems necessary
in its best interests so as to obtain the most competitive rates at time of need. If the City elects to add
vendors, they must meet the same minimum qualifications established for the original competition.
2.7. PROCEDURES FOR ISSUING REQUESTS FOR PRICE QUOTATIONS
When a City Department elects to have work performed, a Request for Price Quotation (RPQ) will be
issued by the City Department, specifying all relevant information, which includes but it is no limited to the
following:
1. Location where work is to be performed
2. Technical specifications including any design criteria (scope of work)
3. Design drawings (if available)
4. Start date for the Work and the completion date
5. Logistical constraints that Contractor must conform to in performing the work.
6. Date and time of site walk-thru prior to bid submission, if required
7. Performance and Payment Bond (if applicable)
8. Name of the Project Manager
9. Deadline for submission of quotes
10. Liquidated damages if applicable
The Request for Price Quotation will state the time and place for inspections of the project site, if required
or recommended. Except in cases of emergencies or in time of constraints, the City will use reasonable
efforts for scheduling such site inspection within forty-eight (48) hours of distribution of the applicable
Request for Price Quotation. The Contractor shall perform the Work pursuant to the prices furnished in
response to the Request for Price Quotation, provided the City has accepted the Contractor's pricing.
Contractor acknowledges and agrees that the City will accept the Contractor's pricing provided that such
pricing is the lowest responsive bid submitted by the Contractors qualified by the City to perform the work.
The pre -qualified contractor(s) shall be invited to offer a lump sum bid amount for a turnkey operation for
demolition work, to include fees for all labor, materials, permits, licenses, supervision, equipment, debris
removal/disposal, dumping/tipping fees, and final site leveling/grading and grass seeding, as required. The
vendor then offering the lowest bid price shall be awarded the specific project.
It shall be the sole prerogative of the City as to the total number of pre -qualified contractor(s) requested to
submit price quotations for each project, provided that no less than five (5) are contacted, if available, for
any one single project.
2.8. MINIMUM QUALIFICATION REQUIREMENT
a) Bids will be considered only from firms that are regularly engaged in the business of providing
demolition services as described in this Bid; that have a record of performance for a period of no less than
five (5) years; and that have sufficient financial support, equipment and organization to insure that they can
satisfactorily provide the demolition services if awarded a Contract under the terms and conditions herein
stated.
b) All bidders must hold and submit with their bid response (and maintain same throughout the duration of
the contract) a valid State of Florida General Contractor's License or a Miami Dade County issued
Certificate of Competency for Demolition Work. Failure to submit such proof shall result in rejection
of the response to this RFQ.
Additionally, bidders shall:
c) 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.
d) 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
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well established industry as determined by the proper authorities of the City of Miami, Florida.
2.9. 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.
2.10. INSURANCE REQUIREMENTS
INDEMNIFICATION
Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and
all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the
provisions of the contract, including all acts or omissions to act on the part of bidder, including any person
performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses
and causes of such action are not attributable to the negligence or misconduct of the City and, from and
against any orders, judgments or decrees which may be entered and which may result from this Contract,
unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof.
The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor,
Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained
which meets the requirements as outlined on the attached, marked as Exhibit 1.
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the bidder.
All insurance policies required above shall be issued by companies authorized to do business under the
laws of the State of Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial
strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification
by Risk Management prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days
written advance notice to the certificate holder.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation
under this section or under any other section of this Agreement.
—If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be
responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10)
calendar days in advance of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which cover
the contractual period, the City shall:
(4) Suspend the contract until such time as the new or renewed certificates are received by the City in
the manner prescribed in the Invitation To Bid.
(5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement
damages from the Bidder in conjunction with the General and Special Terms and Conditions of the Bid.
The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in force for the duration of the contractual period; including any and all option terms that
may be granted to the Bidder.
2.11. REFERENCES
Each bid must be accompanied by a list of references who may be contacted to ascertain information on
past and/or present contracts, work, jobs, that the bidder has performed of a type similar to that required by
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the specifications of this IFB, with whom you have done business within the past three (3) years.
References shall be listed in the Header Section of this IFB and shall include the name of the company,
contract term period, scope of work being performed, a contact person and the telephone number. NO BID
WILL BE CONSIDERED WITI-LOUT THIS LIST.
2.12. PRE-BID/PRE-PROPOSAL CONFERENCE
None
2.13. RPQ PRE -BID CONFERENCE/SITE VISIT (MANDATORY)
When requested by the City, a mandatory pre -bid conference may be held to discuss the specifications
contained in the RPQ. All contacted pre -qualified Contractors will be required to attend. The purpose of
the pre -bid conference is to allow potential bidders an opportunity to visit the site, present questions to staff
and obtain clarification of the requirements of the RPQ documents. If the City considers the conference to
be critical to understanding the RPQ requirements, attendance will be mandatory in order to respond to the
RPQ.
2.14. AUTHORITY OF THE PROJECT MANAGER
The City hereby authorizes the Project Manager (PM), to determine in the first instance all questions of
any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account
of, the Work to be performed, including without limitations: questions as to the value, acceptability and
fitness of the Work, questions as to either parry's fulfillment of its obligations under the Contract,
negligence, fraud or misrepresentation before or subsequent to acceptance of any Work performed under
this Contract; questions as to the interpretation of the Work to be performed; and claims for damages,
compensation and losses.
2.15. 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 satisfactorily completed shall be redone by the
Contractor at no additional charge to the City.
2.16. LAYOUT OF THE WORK
The Contractor shall be responsible for the location and layout of all work, and shall be responsible for all
field measurements and elevations that may be required for execution of the work to the exact position and
elevation. In the case of dimensions, field dimensions, etc. it shall be the Contractor's responsibility to
field measure, obtain and verify same. Each City depaituient will be responsible for notifying the
Contractor when services are required and for providing the location and address. The City will be
responsible for providing access to the work site.
2.17. CONTRACTORS USE OF PROJECT SITE
The Contractor shall limit its use of the facility or premises to the Scope of Work, so as to allow for the
City's continuous operation. This is necessary as many of the sites where work will be performed will
remain in operation during work.
2.18. 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,
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and shall not unreasonably encumber the premises with his/her materials. The contractor shall take all
measures necessary to protect his own materials.
2.19. 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).
2.20. SPECIFICATION EXCEPTIONS
Specifications are based on the most current literature available. Bidder shall notify the City of Miami
Purchasing Department, in writing, no less than ten (10) days prior to solicitation closing date of any
change in the manufacturers' specifications which conflict with the specifications. For hard copy bid
submittals, bidders must explain any deviation from the specifications in writing as a footnote on the
applicable specification page and enclose a copy of the manufacturer's specifications data detailing the
changed item(s) with his/her submission. For electronic bid submittals, bidders must explain in the Header
Section or by an Attachment and, if applicable, enclose a scanned copy of the manufacturer's specifications
data detailing the changed item(s) with his/her submission. Additionally, bidders must indicate any options
requiring the addition of other options, as well as those which are included as a part of another option.
Failure of bidders to comply with these provisions will result in bidders being held responsible for all costs
required to bring the item(s) in compliance with contract specifications.
2.21. CITY FURNISHED DRAWINGS
Whenever possible the City will furnish drawings, if available, however there may be times where there
are no drawings available for the Contractor. It shall be the sole responsibility of the Contractor to bring to
the attention of the Project Manager any discrepancies between the drawings and existing conditions,
excluding hidden conditions, prior to commencing the Work. The Contractor shall be solely responsible
for verifying the drawings prior to commencing the Work and shall be responsible for any errors or
revisions of the Work which might have been avoided by notifying the City prior to commencement. This
shall apply to any revisions or omissions identified by the Contractor.
The Contractor shall have no basis for any claim for additional costs resulting from its failure to identify
any required revisions, omissions, errors, etc., not identified in writing to the PM prior to commencing the
Work.
2.22. EXTRA WORK
The City reserves the right to order changes which may result in additions to or reductions from the
amount, type or value of the Work shown in the Purchase Order and the applicable RPQ and which are
within the general scope of the Contract. Any such changes will be known as "Extra Work".
2.23. 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:
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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.
2.24. TERMINATION
A. FOR DEFAULT
If Contractor defaults in its performance under this Contract and does not cure the default within 30 days
after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon
written notice without penalty to the City of Miami. In such event the Contractor shall be liable for
damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is
determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is
without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a
termination for the convenience of the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when
it is in the best interests of the City of Miami. if this Contract is for supplies, products, equipment, or
software, and so terminated for the convenience by the City of Miami the Contractor will be compensated
in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so
terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions
of the Contract for those services rendered prior to termination.
2.25. 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.
2.26. 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.
2.27. UNAUTHORIZED WORK
The Successful Proposer(s) shall not begin work until a Purchase Order is received.
2.28. LICENSES AND PERMITS
Services performed for the City will require licenses and permits in the same manner as private
construction projects within the City. The Contractor shall secure, at his/her expense, all licenses and
permits and shall fully comply with all applicable laws, regulations and codes as required by the State of
Florida, county, or local ordinances.
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The Contractor must fully comply with all federal and state laws, county and municipal ordinances, and
regulations in any manner affecting the prosecution of the work. Any fines or penalties to the Contractor
shall be paid at the Contractor's expense.
2.29. PERFORMANCE
The Contractor shall be fully responsible for performing all the work necessary to meet City standards in a
safe, neat, and good workmanlike manner, using only generally accepted methods in carrying out the work
and complying with all federal and state laws and all ordinances and codes of the City relating to such
work.
2.30. 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.
2.31. LIQUIDATED DAMAGES
Upon failure to complete the project in accordance with the specifications and to the satisfaction of the
City within the time stated, the bidder shall be subject to assessment of liquidated damages in the amount
of S 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 noncompletion of the work. The City shall have the right to deduct said liquidated damages
from any amount due or that may become due to the bidder under this agreement or to invoice the bidder
for such damages if the costs incurred exceed the amount due to the bidder.
2.32. PERSONNEL
Bidder shall be deemed to represent that it has, or will have upon the award of the Contract, all necessary
personnel required to perform all services arising from the award of the Contract. All personnel employed
shall be employees of Bidder.
Personnel assigned to perform services at any of the City's facilities must hold current licenses as reflected
within this RFQ.
All the services required herein shall be performed by the successful Bidder, and all personnel engaged in
performing the services shall be fully qualified to perform such services.
All personnel of the successful bidder must be covered by Workmen's Compensation, unemployment
compensation and liability insurance, a copy of which is to be provided to the City. Bidder shall be deemed
to represent that it has, or will have upon the award of the Contract, all necessary qualified personnel
required to perform all services arising from the award of the Contract.
2.33. PRICING AND PAYMENT
Price Quotations submitted by Contractors shall include all taxes, insurance, social security, worker's
compensation, and any other benefits normally paid by the Bidder to its employees. No overtime will be
authorized by the City which exceeds the rates quoted in future RPQ's. Payments will be made in arrears,
for services rendered, upon submission of properly certified invoices and/or approved inspections reports.
All such information shall be provided to the Project Manager for his approval in advance of payment.
Building and other damages caused by Contractor's employee(s) shall be estimated by the Project Manager
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and computed actual costs of repairs shall be deducted from the Contractor's billing(s).
2.34. CLEANING AND PROTECTION
The Contractor shall: During the handling and installation of work, clean and protect the Work in progress
and adjoining areas on the basis of continuing maintenance; apply protective covering on installed Work
where it is required to insure freedom from damage or deterioration at time of substantial completion.
Remove and dispose of all debris, trash and excess materials from the site resulting from Work; removal
shall take place daily and more often if hazards or interference are presented; dispose of all material
removed off the site in accordance with Federal, State and local laws.
Maintain a clean operation while working; remove all debris, equipment, etc. at t he end of each work day.
Should the Contractor fail, refuse or neglect to remove rubbish, waste materials, and temporary Work or
to clean the site as required, the City may, without obligation to do so, remove and dispose of the rubbish,
waste material, and temporary work and clean the site and deduct the resulting cost from monies due or to
become due to the Contractor under this Contract.
The Contractor shall handle waste materials that are hazardous, dangerous or unsanitary separately from
other inert waste by containerizing appropriately; disposing of waste materials in a lawful manner.
Burying or buming of waste materials containing -chemicals, oil or unfiltered construction debris down
sewers or into waterways shall not be permitted.
The Contractor shall provide, as necessary, rodent proof containers for disposing of garbage and similar
wastes generated by the Contractor.
Immediately after completion of each phase of the Work and prior to final acceptance of the Work by the
Project Manager, the Contractor shall removed all plant, surplus materials, false work, temporary
structures, and debris resulting from his operation. The site shall be cleaned in a neat, presentable manner
satisfactory to the Project Manager.
2.35. LIMITATION OF PROJECT
Limitation of Contracts shall be S300,000.00 per project, as amended by Florida Statute Section 255.20,
and in accordance with Section 2.24.
2.36. EXTENSION OF TIME
If the Contractor is delayed at any time during the progress of the Work beyond the Substantial Completion
Date set forth in the Request for Price Quotation (RPQ), by the neglect or failure of the City or by Force
Majeure, then the Substantial Completion Date set forth in the RPQ shall be extended by the City.
2.37. FORCE MAJEURE
Except as otherwise expressly provided herein, neither party shall be considered in default in the
performance of its obligations hereunder to the extent that such performance is prevented or delayed by any
cause, existing or future, which is not within the reasonable control of such party including, but not limited
to, acts of God or public enemy, fire, explosions, rots, strikes (not including strikes of the Contractor's Staff
Personnel), or war. Notwithstanding the foregoing, the failure of any of the Contractor's suppliers, or the
like shall not excuse the Contractor's performance except to the extent that such failures are due to any
cause without the fault and reasonable control of such suppliers, or the like including, but not limited to,
acts of God or the public enemy, fires, explosions, riots, strikes (not including strikes of personnel of the
Contractor's suppliers), or war.
2.38. INDEPENDENT CONTRACTOR
The Contractor is engaged as an independent business and agrees to perform the Work in the manner of
and as an independent contractor. In accordance with the status of an independent contractor, the
Contractor covenants and agrees that the Contractor will conduct itself consistent with such status, that the
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Contractor will neither hold the City out as, not claim to be an officer or employee of the City for any right
or privilege applicable to an officer or employee of the City, including, but not limited to worker's
compensation coverage, unemployment insurance benefits, social security coverage or retirement
membership or credit.
The Contractor's Staff Personnel shall not be employees of the City, and the Contractor alone shall be
responsible for their work, the direction thereof, and their compensation and benefits of any kind. Nothing
in this Contract shall impose any liability or duty on the City on account of its acts, omissions, liabilities or
obligations or any person, firm, company, agency association, corporation, or organizations engaged by the
Contractor as a(n) expert, consultant, independent contractor, specialist, trainee, employee, servant or agent
or for taxes on any nature, including, but not limited to unemployment insurance, worker's compensation
and anti -discrimination or work place legislation of any kind and the Contractor hereby agrees to indemnify
and hold harmless the City against any such liabilities, even if they arise from actions directed or taken by
the City.
2.39. INSPECTION
At all times during the Contract, the Project Manager shall have the right to make the most thorough and
minute inspection of the Work, including materials and their manufacture or preparation, and to draw the
attention of the Contractor to all defects in workmanship, materials or other errors or variations from the
Contract requirements.
The right of inspection herein provided is intended solely for the benefit of the City. Neither the right of
inspection nor the any failure to draw attention to or point out such defects, errors or variations shall give
the Contractor any right or claim against the City or shall in any way relieve the Contractor from its
obligations under the term of this contract.
If the Work or any part thereof shall be found defective, the Contractor shall without cost to the City
forthwith remedy such defect in a manner to comply with the Contract.
The Contractor shall at all times provide the Project Manager and his designated representatives all
facilities necessary, convenient or desirable for inspecting the Work. The Project Manager and any
designated representative shall be permitted to inspect materials at any place or stage or their manufacture,
preparation, shipment or delivery.
Any inspection hereunder shall not reasonably disrupt the Contractor's performance of the Work.
2.40. DIFFERING SITE CONDITIONS
The Contractor shall promptly, before such conditions are disturbed, notify the Project Manager in writing
of; (1) latent physical conditions at this site differing materially from those indicated in the RPQ and/or
drawing, or (2) physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as occurring in work of the character provided for in the
RPQ or this Contract, but unknown to the Contractor until encountered during prosecution of the Work.
The Project Manager shall promptly investigate such condition(s) to determine if the condition(s) constitute
a differing site condition exist which causes an increase or decrease of the Contractor's cost of, or the time
required for, performance of any part of the Work, the Project Manager shall notify the Contractor of such
facts. The Contractor shall then provide a detailed Change Order Proposal as specified by the Contract.
No claim for an extension of time and/or an equitable adjustment by the Contractor due to differing site
conditions shall be allowed unless the Contractor has given the notice required above and met all
requirements in Paragraph 2.36, Extension of Time.
The requirements for equitable adjustments for compensation for Extra Work shall apply to any changes
under this Paragraph for differing site conditions. No claim by the Contractor for equitable adjustment
hereunder shall be allowed if asserted after final payment is made under an RPQ.
2.41. ACCIDENTS
The Contractor shall provide such equipment and facilities as are necessary or required, in the case of
accidents, for first aid service to any who may be injured in the process of the Work.
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The Contractor shall comply with OSHA requirements as defined in the United States Labor Code 29 CFR
1926.50
The Contractor must report immediately to the Project Manager every accident to persons or damage to
property. and shall furnish in writing full information, including testimony of witnesses regarding any and
all accidents.
2.42. CONSENT OF CITY REQUIRED FOR SUBLETTING OR ASSIGMENT
If the Contractor assignee, transfer, sublets or otherwise disposed of this Contract or its rights, title or
interest in or to the same or any part thereof without the previous consent in writing of the City, such action
shall be an Event of Default. Nothing herein shall either restrict the right of the Contractor to assignment
by the Contractor for the benefit of its creditors, made pursuant to applicable law.
2.43. CONTRACT CONTAINS ALL ITEMS
This Contract, the RPQ completed and all documents incorporated by references contain all the teiuis and
conditions agreed upon the parties hereto, and no other agreement, oral or otherwise, regarding the subject
matter of this Contract shall be deemed to exist or to bind any of the parties hereto, or to vary any of the
terms contained herein.
2.44. CONTRACTOR'S DAMAGE FOR DELAY
Except as my be otherwise specifically provided for this Contract, the Contractor agrees to make no claim
for damages for delay of any kind in the performance of this Contract whether occasioned by an act or
omission of the City of any of their representatives (whether it is an Excusable Delay or otherwise) and the
Contractor agrees that any such claims shall be compensated solely by an extension of time to complete
performances of the Work. In this regard, the contractor alone hereby specifically assumes the risk of such
delays, including without limitations: delays in processing or approving shop drawings, samples or other
submittals or the failure to render determinations, approvals replies, inspections or test of the Work, in a
timely manner.
2.45. CONTRACTOR'S WORK SCHEDULE
The Contractor shall schedule the work in accordance with the requirements set forth in the RPQ. The
Contractor shall have broad discretion in scheduling work. The PM, at his/her sole discretion any required
that a detailed schedule be submitted for review and acceptance. The PM's basis for not accepting any
schedule shall be generally limited to a determination that the work sequence lacks logic, is unreasonable,
is incomplete or is inconsistent with any other contractual requirements, such as phasing plan.
With respect to any submission by the Contractor under this Paragraph, no review, acceptance or approval
by the PM shall release or relieve the Contractor from its obligation to fully and properly complete the
Work, or any other duty, responsibility or liability imposed on it under this Contract, including, but not
limited to the obligation to complete the Work within the time set forth in the applicable RPQ.
Receipt by the PM of an updated or revised schedule shall be construed to mean that the PM agrees that
the progress of the work is as shown or indicated therein or that the updated or revised schedule is
acceptable to the PM.
2.46. CITY MAY AVAIL ITSELF OF ALL REMEDIES
The City may avail itself of each and every remedy herein specifically given to it now or existing at law or
in equity, and each and every such remedy shall be in addition to every other remedy so specifically given
or otherwise so existing and may be exercised from time to time and as often and in such order as may be
deemed expedient by the City, and the exercise, or the beginning of the exercise, of one remedy shall not be
deemed to be to be a waiver of the right to exercise, at the same time or thereafter, any other remedy. The
City's rights and remedies as set forth in this Contract are not exclusive and are in addition to any other
rights and remedies to in law or in equity
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2.47. CITY OCCUPANCY
The City may occupy all or any portion of a facility during the entire period of Work. The Contractor shall
cooperate fully with the PM during the Work to minimize conflicts and to facilitate City operations and the
operation of any other contractors.
2.48. GENERAL REQUIREMENTS
The Contractor agrees that the Contractor will at all times employ, maintain and assign to the performance
of the Work a sufficient number of competent and qualified professionals and other personnel to meet the
requirements of the Work to be performed.
The Contractor agrees to adjust staffing levels or to replace any Staff Personnel if so ordered by the City,
should the City make a determination in its sole discretion, that said staffing is inappropriate or that any
individual is not performing in a manner consistent with the requirements for such position.
The Contractor warrants and represents that its Staff Personnel have proper skill, training, background,
knowledge, experience, rights, authorizations, integrity, character and licenses as necessary to perform the
Work, in a competent and professional manner.
The Contractor shall at all times cooperate with the City and coordinate its respective work efforts to most
effectively and effectively progress the performance of the Work.
The City and other agencies authorized by the City shall have free access at all times to the Work site.
Staff Personnel shall be employees of the Contractor, who shall be responsible for deducting all taxes and
payments of workman's compensation and and unemployment insurance.
2.49. PAYMENTS RELATED TO GUARANTEE OBLIGATIONS
The City may withhold from payments to be made such sums as may be reasonably be necessary to ensure
completion of the Work with respect to defective work, equipment or materials which may be identified by
the Contract Administrator.
The City may deduct from any payment due the Contractor an amount equal to its cost incurred on account
of the Contractor's failure to fully perform its obligations under this Contract.
The Contract Administrator, prior to withholding or deducting any monies hereunder, shall give the
Contractor notice of the defective work, equipment or material and the basis for the withholding or
deduction.
Upon the Contract Administrator's determination that the Contractor has fulfilled his obligations, the City
will pay the Contractor any sum so retained, subject to Contractor's submission of, or compliance with any
remaining documentation or obligation, as the case may be, in accordance with this Contract.
2.50. SAFETY PRECAUTIONS
The Contractor must adhere to the applicable environmental protection guidelines for the entire duration of
the Work. If hazardous waste materials are used, detected or generated at any time, the Contract
Administrator must be immediately notified of each and every occurrence. Contractor shall comply with
all codes, ordinances, rules, orders and other legal requirements of public Authorities (including OSHA,
EPA, DERM, Miami -Dade County PDR South Florida Building Code) which bear on the performance of
the Work.
The Contractor shall take the responsibility to ensure that all Work is provided with the adequate
safeguards, including but not limited to; proper safe rigging, safety nets, fencing, scaffolding, barricades
and ladders that are necessary for the protection of thew employees, as well as the public and City
employees. All riggings and scaffolding shall be of good sound materials, of adequate dimensions for its
intended use, and substantially braced, tied or secure to insure absolute safety for those required to use it, as
well as those in the vicinity. All riggings, scaffolding and ladders shall be OSHA approved.
If an emergency condition should develop during Work, the Contractor must immediately notify the
Contract Administrator of each and every occurrence. The Contractor should also recommend any
appropriate courses of action to the Contract Administrator.
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2.51. CONTRACT ADMINISTRATOR
The Contract Administrator, as identified in the RPQ shall work closely with the Project Manager in the
issuance of Request for Price Quotation, vendor selection, bid openings, insurance regulations,
performance bond, or any other related duties to insure that a fair and lawful Contract is in place, and to
insure optimum contract compliance.
2.52. PROVISION/ATTACHMENTS APPLICABLE TO COMMUNITY DEVELOPMENT
PROJECTS ONLY
Pre -qualified contractors participating in Request for Price Quotations for Community Development
projects shall be required to comply with the requirements of Attachments A, B, and C, attached to the
Header Section of this RFQ.
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3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
The work required under this contract is skilled demolition services, meeting the following minimum
specifications.
3.2 DEFINITIONS
Residential building- is defined as any building used for permanent or transient dwelling purposes and
includes any single-family or duplex structure.
Commercial building- is defined as a residential structure greater than or equal to three (3) units (triplex),
a structure used for business or a structure used for the sale of merchandise. The term "story" shall be as
defined in the Florida Building Code. Prices shall be quoted on the basis of dollars per square foot of
building area. The square footage of the building area as measured around the base of the building at grade
will be specified in the Purchase Order. Bids must include a price for abandonment of septic tanks and/or
sewer cap, and this item will be awarded in part with the demolition of the above structure(s), as applicable
and will be quoted on a "per tank and/or sewer cap" basis.
3.3. GENERAL SPECIFICATIONS
The work shall consist of furnishing all labor, materials, permits, licenses, supervision, and equipment
required to demolish a building or building structures and appurtenant, to include debris removal/disposal,
dumping/tipping fees, and final site leveling/grading and grass seeding, as required.
Appurtenant structures shall include all slabs. steps. porches. walkwav slabs to main structure. fences.
asphalt pavement parkways and driveways (including limerock base) and the like.
Demolition described, shall include wood and/or concrete roofs, frame stucco, and / or concrete block
walls, reinforced concrete columns, foundations, beams, windows, doors, floors, all rough plumbing and
electrical conduit, and concrete walks.
3.4. TYPES OF CITY PERMITS REOUIRED
Plumbing Permit- for both Residential and Commercial Property
Building Permit- for both Residential and Commercial Property
DERM Permit- for Commercial Property (permit is required for review of asbestos survey)
3.5. SITE PREPARATION AND CONDITIONS
Where walks that are to be removed come into contact with the sidewalk that is to remain,.the contractor .
shall make a saw cut prior to starting removal.
The contractor shall contact all utilities and make sure that all services are disconnected prior to starting
demolition.
The contractor shall take all precautions to see that no debris is deposited upon either of the adjacent
rights -of -way. Any use of the public right-of-way adjacent to the work site shall be consistent with the
provisions established by the Florida Building Code as provisions must be made for the safe conduct of
pedestrians on or near the site (s).
All shrubbery and trees are to remain and disruption of vegetation will only be allowed in the immediate
vicinity of the demolition.
The use of explosives will not be peiuntted under the contract.
Sewage
All sewer lines shall be cut and capped at the base building line as necessary. (Separate permits by
qualified contractors must be obtained prior to capping). Costs for the above, where applicable, MUST be
included in your bid submittal.
Sidewalks
Care should be taken to see that sidewalks are not broken due to the demolition, and any adjacent
sidewalks that are broken during the demolition shall be presumed to be due to the contractor's operations.
All such designated damages shall be totally replaced by the contractor at no cost to the City and all such
costs shall be borne solely by the Contractor. The City shall approve any and all repairs to its satisfaction.
Septic Tank/Grease Traps
Septic Tanks/Grease Traps must be thoroughly pumped out, the bottom broken, and filled in or removed
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from the premises. Permits and inspections are obtained at HRS.
Asbestos
The Contractor shall provide an asbestos survey notifying the City of the presence or detection of any
asbestos or other hazardous type materials found in structures scheduled for demolition, in compliance with
Federal, State, and Local Laws and Codes.
Leveling
When the demolition of the building(s) is completed, the contractor shall ensure that the entire area is
totally leveled and all suitable fill being used shall fill any low spots that may occur from removal of any
and all footings.
3.6. TRAFFIC CONTROL
The Contractor shall adhere to the State of Florida D.O.T.'s uniform manual on traffic control for
construction and maintenance work zones. It will be the sole responsibility of the contractor to make
him/herself and his/her employees fully aware of these provisions, especially those applicable to the use of
barricades, cones, signage, etc., to provide a safe working environment.
3.7. SITE CLEANUP
Salvage Removal and Disposal
All materials and debris, resulting from the contractor's work, shall be removed from the site and disposed
of by the contractor no later than one (1) week after the demolition has been completed. Care should be
taken during the demolition to see that no debris is deposited in the right-of-way of any of the adjoining
streets. Failure to remove any and all debris within one week may result in the default of contract by
contractor.
Contractor shall provide proof that materials and debris have been recycled.
THE FOLLOWING PROVISIONS ARE APPLICABLE TO COMMUNITY DEVELOPMENT
PROJECTS ONLY:
3.8. Lead Based Paint
The Contractor shall provide a lead based paint survey notifying the City of the presence or detection of
any lead based paint or other hazardous type materials found in structures scheduled for demolition, in
compliance with Federal, State, and Local Laws and Codes.
The Contractor shall provide a lead clearance for properties in which lead based paint has been found, in
compliance with Federal, State, and Local Laws and Codes.
3.9. Environmental Clearance
Prior to the commencement of demolition, the commitment of any Funds, incurring any costs, and grant
funds, the Contractor shall obtain notification of environmental clearance and notice to proceed from the
City as set forth in 24 CFR Part 58 issued by the U.S. Department of Housing and Urban Development.
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RFQ 287259 Exhibit 1
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF
INSURANCE -DEMOLITION WORK SERVICES CITYWIDE
I. Commercial General Liability (Primary & Non Contributory)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence
General Aggregate Limit
Products/Completed Operations
Personal and Advertising Injury
B. Endorsements Required
City of Miami included as an Additional Insured
Contingent Liability
Contractual Liability
Premises/Operations Liability
Explosion, Collapse and Underground Hazard
II. Business Automobile Liability
$1,000,000
$ 2,000,000
$ 1,000,000
$1,000,000
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami included as an Additional Insured
Page 1 of 2
RFQ 287259 Exhibit 1
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
IV. Umbrella Policy (Excess Follow Form)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence
Aggregate
V. Pollution Liability (If Applicable)
$ 1,000,000
$ 1,000,000
A. Limits of Liability $ 1,000,000
The above policies shall provide the City of Miami with written notice of
cancellation or material change from the insurer not less than (30) days prior to any
such cancellation or material change.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
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.
Page 2 of 2
RFQ No. 287259
AttacnmentA tApplicaole to I,UIIUnwuty vevewpiticin ri jj viiiyp
Federal Labor Standards Prar,sions
U.S. Departmt. of Housing
and Urban Development
Office of Labor Relations
Applicability
The Project or Program to which the construction work
covered by this contract pertains is being assisted by the
United States of America and the following Federal Labor
Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal
assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work, will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than
those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a
part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and
such laborers and mechanics. Contributions made or
costs reasonably anticipated for bona fide fringe benefits
under Section I(b)(2) of the Davis -Bacon Act on behalf of
laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs
incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for
each classification for the time actually worked therein:
Provided, That the employer's payroll records accurately
set forth the time spent in each classification in which
work is performed. The wage determination (including any
additional classification and wage rates conformed under
29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (W1-1-
1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and
accessible, place where it can be easily seen by the
workers.
(ii) (a) Any class of laborers or mechanics which is not
listed in the wage determination and which is to be
employed under the contract shall be classified in
conformance with the wage determination. HUD shall
approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria
have been met:
(1) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and HUD or its designee agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report
of the action taken shall be sent by HUD or its designee to
the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action within 30
days of receipt and so advise HUD or its designee or will
notify HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanics
to be employed in the classification or their
representatives, and HUD or its designee do not agree on
the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, including
the views of all interested parties and the recommendation
of HUD or its designee, to the .Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify
HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(ii)(b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this
contract from the first day on which work is performed in
the classification.
(iii) Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
Previous editions are obsolete
form HUD-4010 (06/2009)
Page 1 of 5 ref. Handbook 1344.1
RFQ No. 287259
HIIacnmentN yHppiu.dule fu L Ul ninwuiy Lacvcwpn Ica it ri ulcua.o v lay/
of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon The written request of
the contractor, that the applicable standards of the Davis -
Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own
action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract
subject to Davis -Bacon prevailing wage requirements,
which is held by the same prime contractor so much of the
accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including
apprentices, trainees and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee or
helper, employed or working on the site of the work, all or
part of the wages required by the contract, HUD or its
designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or its designee may, after
written notice to the contractor, disburse such amounts
withheld for and on account of the contractor or
subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such
disbursements in the case of direct Davis -Bacon Act
contracts.
3. (i) Payrolls and basic records. Payrolls and basic
records relating thereto shall be maintained by the
contractor during the course of the work preserved for a
period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records
shall contain the name, address, and social security
number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates
of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described
in Section I(b)(2)(3) of the Davis -bacon Act), daily and
weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any
laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan
or program described in Section I(b)(2)(B) of the Davis -
Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is
enforceable, that the plan or program is financially
responsible, and that the plan or program has been
Previous editions are obsolete
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017.)
(ii) (a) The contractor shall submit weekly for each week
in which any contract work is performed a copy of all
payrolls to HUD or its designee if the agency is a party to
the contract, but if the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or its designee. The payrolls submitted shall set out
accurately and completely all of the information required
to be maintained under 29 CFR 5.5(a)(3)(i) except that full
social security numbers and home addresses shall not be
included on weekly transmittals. Instead the payrolls shall
only need to include an individually identifying number for
each employee (e.g., the last four digits of the employee's
social security number). The required weekly payroll
information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose from
the Wage and Hour Division Web site at
httn://www.dol.gov/esa/whd/forms/wh347instr.htm or its
successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full
social security number and current address of each
covered worker, and shall provide them upon request to
HUD or its designee if the agency is a party to the
contract, but if the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or its designee, the contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this subparagraph for
a prime contractor to require a subcontractor to provide
addresses and social security numbers to the prime
contractor for its own records, without weekly submission
to HUD or its designee. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the contract
and shall certify the following:
(1) That the payroll for the payroll period contains the
information required to be provided under 29 CFR 5.5
(a)(3)(ii), the appropriate information is being maintained
under 29 CFR 5.5(a)(3)(i), and that such information is
correct and complete;
form HUD-4010 (06/2009)
Page 2 of 5 ref. Handbook 1344.1
RFQ No. 287259
Ana cnmentH (Hppncaome to uommumty veveiopmem riuttus vnry)
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during
the payroll period has been paid the full weekly wages
earned, without rebate, either directly .or indirectly, and
that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as
specified in the applicable wage determination
incorporated into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
VVH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by subparagraph
A.3.(ii)(b).
(d) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the
records required under subparagraph A.3.(i) available for
inspection, copying, or transcription by authorized
representatives of HUD or its designee or the Department
of Labor, and shall permit such representatives to
interview employees during working hours on the job. If
the contractor or subcontractor fails to submit the required
records or to make them available, HUD or its designee
may, after written notice to the contractor, sponsor,
applicant or owner, take such action as may be necessary
to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records
available may be grounds for debarment action pursuant to
29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at
less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or
with a State Apprenticeship Agency recognized by the
Office, or if a person is employed in his or her first 90
days of probationary employment as an apprentice in such
an apprenticeship program, who is not individually
registered in the program, but who has been certified by
the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as
an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall
not be greater than the ratio permitted to the contractor as
to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who
is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed. Where a contractor is performing
construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship
Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is
approved.
(ii) Trainees. Except as provided in 29 CFR 5.16,
trainees will not be permitted •to work at less than the
predetermined rate for the work performed unless they are
employed pursuant ',to and individually registered in a
program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the
Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the
approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman
wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by
Previous editions are obsolete form HUD-4010 (06/2009)
Page 3 of 5 ref. Handbook 1344.1
RFQ No. 287259
/kttacnmentH t,ppucaoie to t,ommunity uevewprtient riUJ LL ploy)
the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage
determination for the work actually performed. In addition,
any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the
event the Employment and Training Administration
withdraws approval of a training program, the contractor
will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed
until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5
shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR
Part 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will
insert in any subcontracts the clauses contained in
subparagraphs 1 through 11 in this paragraph A and such
other clauses as HUD or its designee may by appropriate
instructions require, and a copy of the applicable
prevailing wage decision, and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this
paragraph.
7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of.the contract.and for debarment .as .a
contractor and a subcontractor as provided in 29 CFR
5.12.
8. Compliance with Davis -Bacon and Related Act Requirements.
All rulings and interpretations of the Davis -Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes
arising out of the labor standards provisions of this
contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between
the contractor (or any of its subcontractors) and HUD or
its designee, the U.S. Department of Labor, or the
employees or their representatives.
10. (i) Certification of Eligibility. By entering into this
contract the contractor certifies that neither it (nor he, or
she) nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any
person nr firm ineligible for award of a Government
contract by virtue of Section 3(a) of the Davis -Bacon Act
or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed
in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
"Federal Housing Administration transactions", provides in
part: "Whoever, for the purpose of . . . influencing in any
way the action of such Administration makes, utters or
publishes any statement knowing the same to be false
shall be fined not more than $5,000 or imprisoned not
more than two years, or both."
11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract
are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any
subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards
applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the
prime contract exceeds $100,000. As used in this paragraph, the
terms "laborers" and "mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which -the
individual is employed on such work to work in excess of 40 hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of 40 hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set
forth in subparagraph (1) of this paragraph, the contractor
and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of
Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in
subparagraph (1) of this paragraph, in the sum of $10 for each
calendar day on which such individual was required or permitted to
work in excess of the standard workweek of 40 hours without payment
of the overtime wages required by the clause set forth in sub
paragraph (1) of this paragraph.
Previous editions are obsolete form HUD-4010 (06/2009)
Page 4 of 5 ref. Handbook 1344.1
RFQ No. 287259
Attachment A (Applicable to uommunny ueveiopment rroieus kJ lily)
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause Yo be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1.926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 et seq.
(3) The contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions.
Previous editions are obsolete form HUD-4010 (06/2009)
Page 5 of 5 ref. Handbook 1344.1
RFQ No.287259 Attachment B
ADDITIONAL CONTRACT PROVISIONS
APPLICABLE TO COMMUNITY DEVELOPMENT PROJECTS ONLY
!. Davis -Bacon Act
Federal labor standards provisions apply to this job including the Copeland Act anti -kickback
provisions and weekly statement requirements, Contract Work Hours, and Safety Standards Act
overtime provisions. Davis -Bacon Act provisions for the payment of wages are also required.
Please contact the Department of Community Development, at 416-2081 for prevailing wage
rates and payroll reporting forms.
Prevailing wage rates are subject to change within the first seven (7) days of bid submittal.
1l. The following regulations and requirements must be adhered to:
1. Title III of Division B of the Housing and Economic Recovery Act of 2008 ("H.E.R.A.")
2. National Affordable Housing Act
3. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as
amended ("U.R.A.") and implementing regulations at 49 CFR Part 24
4. Lead -Based Paint Poisoning Prevention Act
5. National Environmental Policy Act ("N.E.P.A.")
6. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701u
7. Code of Federal Regulations ("C.F.R."), Title 24, Section 135
8. Davis -Bacon Act
9. Inclusion of the following reference in every subcontract issued pursuant to this
DEPARTMENT CERTIFICATION: Insofar as it may be applicable, the subcontractor shall
comply with the applicable requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701u, and the Code of Federal
Regulations ("C.F.R."), Title 24, Section 135.
10. Operation in accordance with the Office of Management and Budget ("O.M.B."), O.M.B.
Circular A-87 revised, "Cost Principles for State, Local, and Indian Tribal Governments" as
applicable.
11. Operation in accordance with C.F.R., Title 24, Part 85, "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State, Local and Federally
Recognized Indian Tribal Governments," as applicable.
12. Green disposition of demolished building materials and the provision of proof of such
green disposition.
13. Agree to enforce the following certifications from all contractors used:
a) CERTIFICATION REGARDING LOBBYING;
b) CERTIFICATION REGARDING DEPARTMENT, SUSPENSIONS & OTHER
RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS;
c) SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA
STATUTES;
d) DISABILITY NON-DISCRIMINATION CERTIFICATION;
e) DRUG -FREE WORKPLACE CERTIFICATION;
f) CERTIFICATE OF SOUND FISCAL MANAGEMENT;
g) DECLARATION OF FINANCIAL INTEREST.
RFQ No.287259 Attachment B
h) SECTION 3 PLAN
Please refer to Attachment C for the Certifications Statement that must be completed and
submitted with your bid response.
111. The following regulations must be adhered to, if applicable:
1. Applicable provisions of C.F.R., Title 24, Part 570
2. 24 CFR 570.606
3. 24 CFR Part 50
4. 24 CFR Part 58
5. 24 CFR 570.502
6. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on
the basis of handicap.
7. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the
basis of race, color, or national origin.
8. Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of
age.
9. Title VIII of the Civil Rights Act of 1968, as amended
10. Executive Order 11063 which prohibits discrimination in housing on the basis of race, color,
religion, sex, or national origin.
11. Executive Order 11246 which requires equal employment opportunity.
12. Energy Policy and Conservation Act (Pub. L. 94-163) which requires mandatory standards
and policies relating to energy efficiency.
13. Clean Air Act of 1970 (42 U.S.C. 7401 et. seq.), as amended
14. Federal Water Pollution Control Act (33 U.S.C. 1251), as amended
15. Section 508 of the Clean Water Act (33 U.S.C. 1368)
16. Environmental Protection Agency regulations (40 CFR Part 15)
17. Executive Order 11738.
18. First Source Hiring Agreement Statement: As per Ordinance No. 12271, all Contractors with
the City of Miami for goods, services, loans or grants must meet the requirements of the
City's First Source Hiring Agreement which fosters participation in the construction and
operation of the Project by unemployed, underemployed and other residents of the City of
Miami.
IV. Conflict of Interest.
A. The Contractor is aware of the conflict of interest laws of the City of Miami (Code
of the City of Miami, Florida, Chapter 2, Article V), of Miami -Dade City, Florida
(Code of Miami -Dade City, Florida, Section 2-11.1), and of the State of Florida
(as set forth in Florida Statutes), and agrees that it will fully comply in all respects
with the terms thereof and any future amendments.
B. The Contractor covenants that no person or entity under its employ presently
exercising any functions or responsibilities in connection with this Regulatory
Agreement, has any personal financial interests, direct or indirect, with the City.
The Contractor further covenants that, in the performance of this Regulatory
Agreement, no person or entity having such conflicting interest shall be utilized in
respect to the Scope of Work or services provided hereunder. Any such conflict
of interest(s) on the part of the Contractor their employees or associated persons
or entities shall be disclosed to the City.
RFQ No.287259 Attachment B
C. The Contractor shall disclose any possible conflicts of interest or apparent
improprieties of any party under or in connection with the Legal Requirements,
including the standards for procurement.
D. The Contractor shall make any such disclosure to the City in writing and
immediately upon the Contractor's discovery of such possible conflict. The City's
determination regarding the possible conflict of interest shall be binding on all
parties.
E. The Contractor covenants and affirms that no employee, agent, consultant,
elected official or appointed official of the City, exercising any functions or
responsibilities in connection with the City's affordable housing programs or this
Regulatory Agreement, or who is in a position to participate in the decision -
making process or gain inside information regarding City -assisted activities, has
any personal financial interest, direct or indirect, in this Regulatory Agreement,
the proceeds hereunder, the Project, or the Contractor either for themselves or
for those with whom they have family or business ties, during their tenure or for
one year thereafter.
V. Section 3 Clause.
The Owner shall comply, and cause any general contractor, contractors and/or
subcontractors (collectively "Contractors"), to comply with the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u):
A. The work to be performed under this contract is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u (Section 3.) The purpose of Section 3 is to ensure that
employment and other economic opportunities generated by HUD assistance or
HUD -assisted projects covered by Section 3, shall to the greatest extent feasible,
be directed to low income persons, particularly persons who are recipients of
HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
C. The Contractors shall agree to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement or
other understanding, if any, a notice advising the labor organization or worker's
representative of the Contractor's commitments under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location of the
person(s) taking applications for each of the positions; and the anticipated date
the work shall begin.
D. The Contractors shall agree to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in
this Section 3 clause. The Contractors shall not subcontract with any
subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
RFQ No.287259 Attachment B
E. The Contractors shall certify that any vacant employment positions, including
training positions, that are filled (1) after the Contractors is selected but before
the contract is executed, and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filed to circumvent the c Contractor's obligations under 24 CFR Part
135.
F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension
from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian
housing assistance, Section 7(b) of the Indian Self -Determination and Education
Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under
this contract. Section 7(b) requires that to the greatest extent feasible (i)
preference and opportunities for training and employment shall be given to
Indians, and (ii) preference in the award of contracts and subcontracts shall be
given to Indian organizations and Indian -owned Economic Enterprises. Parties
to this contract that are subject to the provisions of Section 3 and Section 7(b)
agree to comply with Section 3 to the maximum extent feasible, but not in
derogation of compliance with Section 7(b).
VI. Retention of Records
The contractor shall retain all records relevant to the Scope of Work for a period of
five (5) years from completion of the work performed.
RFQ No. 287259 Attachment C (App' to Community Development Projects Only)
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This undersigned shall require that the language of this certification be included in the award
documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under
grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a pre -requisite for making or entering into
this transaction unposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of -not less than $10,000 and not more than $100,000 for
(3)
each such failure.
Name of Applicant
Print name of Certifying Official
Signature of Certifying Official Date
50
RFQ No. 287259
Attachment C (App' = to Community Development Projects Only)
City of
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this
day of , 200
by who is personally known to me or who
(name of person whose. signature is being notarized)
produced as identification, and who did/did not take an oath.
(Type of Identification)
NOTARY PUBLIC:
My commission expires
(Signature) (Print Name)
SEAL
51
RFQ No. 287259 Attachment C (App 'e to Community Development Projects Only)
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS
1, The Applicant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any Federal department or agency.
b. Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or falsification or destruction of records, making false statements, or
receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph 1.b of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall submit an explanation to the City of Miami.
APPLICANT /DEVELOPER
PRINT NAME OF CERTIFYING OFFICIAL
SIGNATURE OF CERTIFYING OFFICIAL DATE
29
RFQ No. 287259
Attachment C (Ar4 le to Community Development Projects Only)
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A).
FLORIDA STATUTES ON PUBLIC ENTITY CRIME
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to
By
(print this individual's name and title)
For
(print name of entity submitting statements)
Whose business address is
and if applicable is Federal Employer Identification Number (FEIN) is
If the entity has no FEIN, include the Social Security Number of the individual signing this sworn Statement:
2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(a), Florida Statutes, mean a violation
of any state or federal law by a person with respect to and directly related to the transactions of business with any
public entity or with an agency or political subdivision of any other state or with the United States including, but
not limited to any bid or contract for goods or services to be provided to any public entity or any agency or
political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "convection" as defined in Paragraph 287.133(1)(b), Florida Statutes means a
finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or
state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result
of a Jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of public entity cruse; or
2. An entity under the control of any natural person who is active in the management of the entity and who has
been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment
or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie
case that one person controls another person. A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an
affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or
entity organized under the laws of any state or of the United States with the legal power to enter into a binding
contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity,
or which otherwise transacts or applies to transact business with a public entity. The term "person" includes
26
RFQ No. 287259 Attachment C (App e to Community Development Projects Only)
those officers, executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
6. Based on informationand belief, the statement which I have marked below is true in a relation to the entity
submitting this sworn statement. (Please indicate which statement applies).
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of
the entity has been charged with and convicted of a public entity crime within the past 36 months.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of
the entity has been charged with and convicted of a public entity crime within the past 36 months. AND (Please
indicate which additional statement applies).
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or agents who are
active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a
public entity crime within the past 36 months. However, there has been a subsequent proceeding before a
Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing
Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (Attached is a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY
ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT EN1''RED INTO, WHICHEVER
PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC
ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CAI'EGORY TWO OF ANY CHANGE IN
TRIE INFORMATION CONTAINED IN THIS FORM.
(Signature)
Sworn to me and subscribed before me this day of , 19
Personally known
Oi' produced identification Notary Public —State of
My commission expires
(Type of Identification)
(Printed, typed or stamped commissioned name of notary public)
27
RFQ No. 287259 Attachment C (App' • to Community Development Projects Only)
DISABILITY NON-DISCRIMINATION CERTIFICATION
Certification for Contracts, Grants, Loans and Cooperative Agreements
The undersigned certifies that it is in compliance with and agrees to continue to comply with, and assure
that any subcontractor, or third party contractor under this project complies with all applicable
requirements of the laws listed above including, but not limited to, those provisions pertaining to
employment, provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction in the following laws:
The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104, Stat. 327, 42 U.S.C. 12101-
12213 and 47, U.S.C. Sections 325 and 611 including Title I, Employment; Title II, Public Services; Title
III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications,
and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 U.S.C. Section 794; The
Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing Act as amended 42 U.S.C.
Section 3601-3631.
The foregoing requirements shall not pertain to contracts with the United States or any department or
agency thereof, the State of any political subdivision or agency thereof or any municipality of this State.
Applicant/Agency Signature Print Applicant/Agency Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 20_, by
of
as
(Name of person whose signature is being notarized) (Title)
known to me to be the person described herein,
(Name of corporation/company)
or who produced as identification, and who did/did not take an oath.
(Type of Identification)
NOTARY PUBLIC:
(Signature) (Print Name)
My commission expires
SEAL
56
RFQ No. 287259 Attachment C (Apr le to Community Development Projects Only)
DRUG FREE WORKPLACE CERTIFICATION
Certification for Contracts, Grants, Loans and Cooperative Agreements
The undersigned certifies that it will provide a drug -free workplace program by:
(1)
Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and
specifying the actions that will be taken against employees for violations of such prohibition;
(2) Establishing a continuing drug -free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug -free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in
the workplace;
(3)
Giving all employees engaged in performance of the Contract a copy of the statement required by
subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition
of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute
for a violation occurring in the workplace no later than five (5) calendar days after such
conviction;
(5) Notifying City of Miami government in writing within ten (10) calendar days after receiving notice
under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice include the position title of .the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking
one of the following actions with respect to an employee who is convicted of a drug abuse violation
occuning in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including
termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health, law
enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug -free workplace program through implementation of
subparagraph (1) through (6).
Applicant/Agency Signature Print Applicant/Agency Name
57
RFQ No. 287259
Attachment C (App e to Community Development Projects Only)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20, by
of
As
(name of signature being notarized) (title)
(name of corporation/company)
known to me to be the person described herein, or who produced
(Type of Identification)
as identification, and who did/ did not take an oath.
NOTARY PUBLIC:
(Signature) (Print Name)
My commission expires
SEAL
58
RFQ No. 287259 Attachment C (Apr le to Community Development Projects Only)
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
CERTIFICATION OF SOUND FISCAL MANAGEMi{.NT
We, as the Executive Director, and
(Full Name) (Full Name)
as the Chief Fiscal Officer of , acknowledge that as a condition of
(Organization)
receiving funds from the City of Miami, have the need to establish and maintain sound financial and fiscal controls and
management systems. We hereby certify that
(Organization)
has established internal controls which are adequate to safeguard the assets of the agency, monitor the accuracy and
reliability of accounting data; promote operating efficiency and insure compliance with prescribed policies and
procedures.
Signature (Executive Director) Date
Signature (Chief Fiscal Officer) Date
I am a duly licensed certified public accountant and have been engaged to review the accounting
systems of which is private ( profit/ non-profit) organization
(Organization)
that will operate programs for the City of Miami. I have reviewed the financial systems that this
Agency has established. This review was completed on . At the time of
review, the Agency had established internal controls which were adequate to safeguard the assets of
the Agency, monitor the accuracy and reliability of accounting data, promote operating efficiency,
and insure compliance with prescribed management policies.
C.P.A.
(Name of Finn) (Typed Name of Accountant)
C.P.A.
(Date) (Signature of Accountant)
If any modifications are required to this certificate due to the nature of the engagement between the
Agency and the C.P.A., attach a substitute report as explanation.
30
RFQ No. 287259
Attachment C (Ap )Ie to Community Development Projects Only)
DECLARATION OF FINANCIAL INTERESTS
1. Do you have any past due financial obligations with the City of Miami?
Single Family Housing Loans
Multi -Family Housing Rehab
CDBG Commercial Loan Project
U.S. HUD Section 108 Loan
Other HUD Funded Programs
Others (liens, fines, loans,
Occupational licenses, etc.)
If YES, please explain:
YES
C
E
NO
C
n
C
2. Do you have any past due financial obligations with Miami Capital Development, Inc. (MCDI)?
YES E NO ❑
If YES, please explain:
3. Are you a relative of or do you have any business or financial interests with any elected City
of Miami Official, City of Miami Employee, or Member of the City's Advisory Boards?
YES NO _
If YES, please explain:
Any false information provided on this application will be reason for rejection and disqualification of your
project -funding request to the City of Miami.
The answers to the foregoing questions are correctly stated to the best of my knowledge and belief.
Name and Title of Authorized Representative
Signature of Authorized Representative
31
DATE:
DATE:
RFQ No. 287259 Attachment C (Ap• le to Community Development Projects Only)
SECTION 3 COMPLIANCE
The following paragraphs will be included in the winning Applicant's contract with the City
of Miami:
A. The work to be performed under this contract is subject to the requirements of section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 1701u (section
3). The purpose of section .3 is to ensure that employment and other economic
opportunities generated by HUD assistance of HUD -assisted projects covered by section
3, shall, to the greatest extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,
which implement section 3. As evidenced by their execution of this contract, the parties
to this contract certify that they are under no contractual or other impediment that would
prevent them from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any,
a notice advising the labor organization or workers' representative of the contractor's
commitments under this section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the section 3 preference, shall set
forth minimum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location of the person(s)
taking applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subj ect to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate .action, as
provided in an applicable provision of the subcontract or in this section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 Ct'R part 135. The
contractor will not subcontract with any subcontractor where the contractor has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 Cl'R
part 135.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR part
135 require employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
RFQ No. 287259 Attachment C (Ap, Ile to Community Development Projects Only)
SECTION 3 REQUIREMENTS
I. ASSURANCE STATEMENT
Each applicant, recipient, contractor, and subcontractor on a Section 3 covered project
shall sign the attached Section 3 Assurance of Compliance.
II. AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA
BUSINESSES
Each applicant, recipient, contractor, and subcontractor preparing to undertake work
pursuant to a Section 3 covered contract shall develop and implement an affirmative
action plan, which shall:
(a)
(b)
(c)
Set forth the approximated number and dollar value of all contracts proposed to be
awarded to all businesses within each category (type or profession) over the
duration of the Section 3 covered project.
Analyze the information set forth in paragraph (a) and the availability of eligible business
concerns within the project area doing business in professions or occupations identified as
needed in paragraph (a) and set forth a goal or target number and estimated dollar amount
of contracts to be awarded to the eligible businesses and entrepreneurs within each
category over the duration of the Section 3 covered project.
Outline the anticipated program to be used to achieve the goals for each business and/or
professional category identified. This program should include but not be limited to the
following actions:
(1) Insertion in the bid documents, if any, of the affirmative action plan of
the applicant, recipient, contractor, or subcontractor letting the contract;
and
(2) Identification within the bid documents, if any, of the applicable Section 3
project area.
(3) Ensuring that the appropriate business concerns are notified of pending
contractual opportunities either personally or through locally utilized media.
In. BIDDING AND NEGOTIATION REQUIREMENTS
Every applicant and recipient shall require prospective contractors for work in connection with
Section 3 covered projects to provide, prior to the signing of the contract, a preliminary
statement of work force needs (skilled, semi -skilled, unskilled labor and trainees by category)
where known; where not known, such information shall be supplied prior to the signed of any
contract between contractors and their subcontractors. Consideration should be given to those
contractors who will have training and employment opportunities .for project area residents.
RFQ No. 287259 Attachment C (Apr ale to Community Development Projects Only)
When a bidding procedure is used to let the contract, the invitation or solicitation for bids shall
advise prospective contractors of the requirements of these regulations.
Applicant, recipient and contractors should insert plan for utilization of project area business
in the bid documents. The recipient must have indicated therein that Section 3 applies to the
project and what is expected of them. All contractors who bid a job just show in their bid
what they will do to implement Section 3. They must in this bid commit themselves to a goal
and show what they intend to do to reach that goal. When the bids are opened, they must be
evaluated in terms of the bidder's responsiveness to Section 3. A bid which lacks a
commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged
nonresponsive.
Applicants, recipients and contractors will ensure that the attached Section 3 Clause and
Assurance of Compliance are made a part of all contracts.
In implementing its affirmative action plan, each applicant, recipient, contractor, or
subcontractor shall make a good faith effort to achieve its goal or target number and estimated
dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within
each category over the duration of the Section 3 covered project.
IV. UTILIZATION OF LOWER INCO1V W RESIDENTS AS TRAINEES AND
EMPLOYEES
Each applicant, recipient, contractor or subcontractor undertaking work in connection with a Section 3
covered project shall make a good faith effort to fill all vacant training and occupational category positions
with lower income project area residents.
RFQ No. 287259 Attachment C (Api le to Community Development Projects Only)
ASSURANCE OF COMPLIANCE (Section 3, HUD ACT of 1968)
TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS
AND LOWER INCOME PERSONS
A. The project assisted under this (contract) (agreement) is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170U. Section 3
requires that to the greatest extent feasible opportunities for training and employment be given
to lower income residents of the project area and contracts for work in connection with the
project be awarded to business concerns which are located in or owned in substantial part by
persons residing in the area of the project.
B. Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient)
shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by
the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23,
1973), and all applicable rules and orders of the Secretary issued thereunder prior to the
execution of this (contract) (agreement). The requirements of said regulations include but are
not limited to development and implementation of an affirmative action plan for utilising
business concerns located within or owned in substantial part by persons residing in the area of
the project; the making of a good faith effort, as defined by the regulation, to provide training,
employment and business opportunities required by Section 3; and incorporation of the
"Section 3 Clause" specified by Section 135.20 (b) of the regulations in all contracts for work
in connection with the project. The (applicant) (recipient) certifies and agrees that it is under
no contractual or other disability which would prevent it from complying with these
requirements.
C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and
all applicable rules and orders of the Secretary issued thereunder prior to approval by the
Government of the application for this (contract) (agreement), shall be a condition of the
Federal fmancial assistance provided to the project, binding upon the (applicant) (recipient), its
successors and assigns. Failure to fulfill these requirements shall subject the (applicant)
(recipient), its contractors and subcontractors, its successors, and assigns to the sanctions
specified by the (contract) (agreement), and to such sanctions as are specified by 24 CFR
Section 135
APPLICANT:
SIGNATURE:
ADDRESS:
DATE:
RFQ No. 287259
Attachment C (Ap )le to Community Development Projects Only)
City of Miami
SECTION 3 ECONOMIC OPPORTUNITY PLAN QUESTIONS
The Section 3 Economic Opportunity Plan must describe the proposed strategies for achieving the Section 3 training
and employment numerical goals, and subcontracting numerical goals (where subcontracting is allowable in the
Bid.)
Please review the information below, and provide your responses on separate paper. (A Section 3 Economic
Opportunity Plan Instruction Sheet is attached to further assist you in developing your responses to the information
requested below.)
1. Identify individual(s) responsible for planning, implementing and tracking the projects' Section 3 training
and employment goals. Describe their prior experience in this area.
2. Describe efforts (contractor and subcontractor) to be taken to recruit, solicit, encourage, facilitate, and hire
public housing and other low-income persons. Identify any private or public resources that will be used.
3. Describe contractor's activities to be taken for recruiting, soliciting, encouraging, facilitating and selecting
Section 3 subcontractors, where applicable.
4. Describe plans to structure project activities in ways that create opportunities for Section 3 firms'
participation, where applicable.
YOUR RESPONSES TO QUESTIONS 1-4, WILL CONSTITUTE YOUR PLAN; PLEASE ATTACH
YOUR PLAN DOCUMENT AND ALSO INCLUDE TAT` FOLLOWING INFORMATION ON YOUR
PLAN:
(1) COMPANY NAME
(2) YOUR NAME AND PHONE NUMBER
(3) BID NUMBER AND NAME.
RFQ No. 287259
Attachment C (Ap )Ie to Community Development Projects Only)
SAMPLE PLAN QUESTIONS
PLEASE RE -TYPE YOUR OWN FIRM'S PLAN ON YOUR FIRM STATIONERY
FIRM NAME, ADDRESS, TELEPHONE AND FAX NUMBER
Question #1
Identify individuals responsible for planning, implementing, and tracking the project's Section 3 training
and employment goals. Describe their prior experience in this area.
The individual responsible for planning, implementing and tracking the project's Section 3 training and
employment goals is John Doe, President (or the appropriate title of this individual), of name of firm
(hereafter referred to as "Contractor"). He (or she) will obtain all pertinent information to become
thoroughly familiar and ensure contract compliance with the HUD Section 3 Regulation. John Doe has
worked on construction (or service, whichever is applicable) projects, and is qualified to administer
contractor's Section 3 Economic Opportunity Plan (Plan.)
Question 42
Describe efforts (contractor and subcontractor) to be taken to recruit, solicit, encourage, facilitate and hire
public housing and other low-income persons. Identify any private or public resources that will be used.
Contractor will take the following steps to recruit, solicit, encourage, facilitate and hire public housing
and other low-income persons, in the event any vacancies occur throughout the duration of the project:
1. Meet with resident associations and managers at the public housing site where work is to take place,
first, and second, at other public housing sites.
2. Schedule a time and place for public housing residents to complete job applications.
3. Develop a list of "pre -qualified" Section 3 public housing and other low-income residents who could
fill job vacancies that may later become available.
4. Send notices about Section 3 training and employment obligations and opportunities required for this
project to labor organizations.
5. Establish a training program to provide public residents and other low income residents with the
opportunity to learn basic skills and job requirements.
6. Advertise in major and community newspapers and on job sites for workers who meet the definition of
a Section 3 resident.
Contractor will establish files to record and retain written documentation of all training and employment
outreach efforts and resources from agency representatives and job applicants.
Question #3
(ONLY APPLICABLE TO FIRMS THAT SUBCONTRACT)
Describe the contractor's activities to be taken for recruiting, soliciting, encouraging, facilitating and
selecting Section 3 subcontractors, where applicable.
RFQ No. 287259 Attachment C (Apr le to Community Development Projects Only)
• Firm Name Page 2 of 3
Contractor will take all feasible measures to recruit, solicit, encourage, facilitate, and select qualified Section 3
business subcontracting firms to perform at least 10% of the project award amount (contract sum) for each CITY OF
MIAMI project for which Contractor is the successful bidder.
Contractor will request the organizations, listed below, to provide lists of firms, organized by trade category, which
can perform required project work (in addition to these organizations, Contractor may also contact other
organizations that provide such listings):
1. Contractor's Resource Center
2. Small Business Administration
3. Minority Business Development Center
Contractor understands that, in addition to awarding work to qualified Section 3 businesses, it is our responsibility
to:
1. Use the contractor's or firms solicitation letter to advertise to the "greatest extent feasible" to all fuzes on lists
provided to us by the CITY OF MIAMI and other organizations about the type of work needed to complete each
CITY OF MIAMI project,
2. Advise fu-ms of Contractor's obligation to seek and award work to qualified Section 3 businesses, where feasible,
3. Clarify the definition of a Section 3 resident and business,
4. Explain how to qualify as a Section 3 business in order to be eligible to receive a preference from Contractor
when subcontractor work is to be awarded, and
5. Provide Section 3 certified firms that are qualified to perform work with an opportunity to submit price quotations
for CITY OF IVIIAMI project work, and where financially feasible, hire such firms as subcontractors.
Documentation of Outreach to find Eligible Section '3 Subcontracting Firms
1. Contractor will establish files to record and retain written documentation of all outreach efforts and responses
received from organizations and subcontractors who are contacted.
2. Contractor will fax the CITY OF IVIIAMI Solicitation Letter to all firms that these organizations identify, based
on each category of work required for each project.
3. Contractor will provide CITY OF M .AIvII with copies of its facsimile receipts to each of the organizations listed
in its Plan and their responses.
4. Contractor will provide CITY OF MIAMI with copies of its facsimile receipts and responses received from every
firm that is faxed for each CITY OF MIAMI project.
5. Contractor will provide CITY OF MIA1vfl with an outreach close-out letter for each project awarded that refers to
an attached outreach summary report. If Contractor is unable to meet CITY OF MIAMI's requirement to contract at
least 10% of the award amount to Section 3 businesses, Contractor will include in its close-out letter an explanation
as to why this requirement was not met.
6. The outreach summary report, referred to in No. 5, above, will list all contacts made to each organization or
association, the individual fines subsequently contacted, categorized by trade, and the bid amount or other type of
responses received from each firm (similar to the sample outreach summary report attached to Contractor's Plan.)
RFQ No. 287259
Attachment C (App 'e to Community Development Projects Only)
7. If a firm is non -responsive, Contractor agrees to make a second attempt at getting them to respond, failing which,
Contractor will move on to another company, all of which will be submitted to the CITY OF MIANII, and referred
to in the outreach close-out letter and summary report.
Question #4
(ONLY APPLICABLE TO FIRMS THAT SUBCONTRACT)
Describe plans to structure project activities in ways to create opportunities for Section 3 firms to participate,
where applicable.
Contractor will make every effort to structure project activities to increase
opportunities for Section 3 businesses. This will be accomplished by sub -dividing the work into smaller amounts, or
by using multiple firms to complete similar
types of work.
Submitted by: Submission Date:
President Name, President
RFQ No. 287259 Attachment C (Apr 'le to Community Development Projects Only)
CITY OF MIAMI
SECTION 3
NEW HIRES SECTION 3 MONTHLY COMPLIANCE FORM
This form is distributed to the General Contractor (GC) at the Pre -Construction Meeting. GC is also required to
provide this form to any subcontractor firms they hire for this project.
Review the information below, check all that apply to:
Project Name
Project Address
Additionally, please review and comply with Steps 1 and 2 below:
1. You must sign and date this form for every pay period in connection with this
project and hand deliver or mail:
City of Miami
Department of Community Development
444 SW 2 Avenue, 2nd Floor
Miami, Florida 33130 or
Diane Kraska, AICP
(305) 416-2029
2. When you hire a Section 3 resident in connection with this project, you must also complete and submit a
MONTHLY report (attached) for every pay period worked, to the designated Community Development Project
Manager.
Pay Period/MONTH: • from: to:
I have not hired any new employees during the pay period/MONTH specified.
I have hired Section 3 employees and/or non -Section 3 employees during the pay period shown
here.
I have taken one or more of the following recruitment steps to hire a Section 3
resident with the highest training and employment priority ranking: (check all that
apply)
I have advertised to fill vacancy(ies) at the site(s), where work is taking place, in connection with this project.
Below, I have checked the steps I have taken to find Section 3 low-income residents, from the targeted groups and
neighborhoods, to fill any vacancies.
Placed signs or posters in prominent places at each of the above listed developments.
Taken photographs of the above item to document that the above step was canied out
Distributed employment flyers to each of the residents at these developments
Posted employment flyers to each of the residents at these developments
Contacted City Environmental Specialist or City of Miami employment referrals and HUT) Youthbuild
Program referrals (if applicable)
RFQ No. 287259 Attachment C (Apr
le to Community Development Projects Only)
Contacted U.S. HUD State Officer at (305) 536-4421 to identify any HUD Youthbuild programs currently
operating in Miami -Dade County; then contacted these programs for Youthbuild referrals
Kept a log of all applicants and indicated the reasons why Section 3 residents who applied were not hired
Retained copies of any employment applications completed by public housing Section 8 certificate or voucher
holders or other Section 3 residents
Sent a notice about Section 3 training and employment requirements and
opportunities to labor organizations or to worker representatives with whom our finn has a collective bargaining or
other agreement
Sent proof of all checked items to City of Miami Section 3 representative above via fax at (305) 416-2090 and
deliver to:
City of Miami
Department of Community Development
Attn: Section 3
SW 2nd Avenue, 2nd Floor
Miami, Florida 33130
Authorized Name: Firrn Name:
Title:
Date