HomeMy WebLinkAboutInvitation for Bid - Lot ClearingCity 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:
287258,1
Title: Invitation For Bid - Lot Clearing
Services - Citywide
Issue Date/Time: 23-JAN-2012
Closing Date/Time: 01-FEB-2012 @ 14:00:00
Pre -Bid Conference: Mandatory
Pre -Bid Date/Time: Tuesday, January 17, 2012 at 9:00 AM
Pre -Bid Location: Miami Riverside Center, 444 SW 2
Avenue, 7th FL Sout Conference Room,
Miami, FL 33130
Deadline for Request for Clarification: Wednesday, January 18, 2012 at 5:00 PM
Buyer: Calderon, Yadissa
Hard Copy Submittal Location: City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
Buyer E-Mail Address:
Buyer Facsimile:
ycalderon@ ci.miami.fl.us
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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 firm 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 DISQUALIFY THIS BID.
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Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Address, City, State, Zip:
Office Location: City of Miami, Miami -Dade County, or Other
Occupational License Number:
Occupational License Issuing Agency:
Occupational License Expiration Date:
Do you expect to create new positions in your company in the event your company was awarded a
Contract by the City? Yes or No
In the event your answer to question above is yes, how many new positions would you create to
perform this work?
Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration
of all new positions which might be created as a result of this award of a Contract.
Will Subcontractor(s) be used? (Yes or No)
Is this service contract a citywide contract? (Yes or No)
If the above answer is no, please indicate the name of the city. (end user) department that your contract
will serve:
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Provide brief description of the project or service to be provided
References #1- Dates of Contract- 2008
References #1- Former Agency/Firm Name
References #1- Address, City, State, Zip
References #1- Contact Name
References #1- Phone Number
References #1- Description of Work Done
References #2- Dates of Contract- 2009
References #2- Former Agency/Firm Name
References #2- Address, City, State, Zip
References #2- Contact Name
References #2- Phone Number
References #2- Description of Work Done
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References #3- Dates of Contract- 2010
References #3- Former Agency/Firm Name
References #3- Address, City, State, Zip
References #3- Contact Name
References #3- Phone Number
References #3- Description of Work Done
References #4- Former Agency/Firm Name
References #4- Address, City, State, Zip
References #4- Contact Name
References #4- Phone Number
References #4- Description of Work Done
References #5- Dates of Contract- 2011
References #5- Former Agency/Firm Name
References #5- Address, City, State, Zip
Page 5 of 42
References #5- Contact Name
References #5- Phone Number
References #5- Description of Work Done
Subcontractor #1- Contractor Name
Subcontractor #1- Contractor Address, City, State, Zip
Subcontractor #2- Contractor Name
Subcontractor #2- Contractor Address, City, State, Zip
Subcontractor #3- Contractor Name
Subcontractor #3- Contractor. Address, City, State, Zip
Have you provided proof of ownership or lease for all equipment required to perform work in Category
A and B? (Yes / No)
Page 6 of 42
Line: 1
Description: Category A Services (To include tipping/dumping fees)
Category: 91219-00
Unit of Measure: Square Foot
Unit Price: $
Line: 2
Number of Units: 500 Total: $
Description: Category B Services (To include tipping/dumping fees)
Category: 91219-00
Unit of Measure: Square Foot
Unit Price: $ Number of Units: 500 Total: $
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287258,1
Table of Contents
Terms and Conditions 9
1. General Conditions .9
1.1. GENERAL TERMS AND CONDITIONS 9
2. Special Conditions 27
2.1. PURPOSE 27
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 27
2.3. PRE -BID CONFERENCE 27
2.4. TERM OF CONTRACT 27
2.5. CONDITIONS FOR RENEWAL 27
2.6. NON -APPROPRIATION OF FUNDS 27
2.7. METHOD OF AWARD 28
2.8. BIDDER'S MINIMUM QUALIFICATIONS 28
2.9. FIXED AND FIRM PRICING 29
2.10. LIQUIDATED DAMAGES 29
2.11. FAILURE TO PERFORM 29
2.12. INSURANCE REQUIREMENTS 29
2.13. RESPONSE TIME 31
2.14. ADDITIONS/DELETIONS OF SERVICES/SUPPLIES 31
2.15. CONTRACT ADMINISTRATOR 31
2.16. SUPERVISION 31
2.17. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED 31
2.18. SUBCONTRACTORS MINIMUM REQUIREMENTS .32
2.19. ADDITIONAL CONTRACTOR(S) OR SUBCONTRACTOR(S) 32
2.20. TIE BIDS 32
2.21. USE OF PREMISES 33
2.22. DAMAGES TO PUBLIC/PRIVATE PROPERTY 33
2.23. REFERENCES 33
2.24. REFERENCE LETTERS ... 33
2.25. COMPLETE PROJECT REQUIRED 33
2.26. CONTRACTOR TO BE REPRESENTED 33
2.27. PUBLIC CONVENIENCE AND SAFETY 33
2.28. SAFETY MEASURES 34
2.29. QUALITY OF WORK 34
2.30. TERMINATION 34
2.31. ADDITIONAL TERMS AND CONDITIONS 34
2.32. PRIMARY CLIENT (FIRST PRIORITY) 35
3. Specifications 36
3.1. SPECIFICATIONS/SCOPE OF WORK 36
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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 $25,000.00 or more.
Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals.
Request for Qualifications, or Request for Letters of Interest pursuant to the City of
Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be
defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this
formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and
actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with
the terms herein and be fully in accordance with specifications and of the highest quality. In the event the
goods/equipment supplied to the City are found to be defective or does not conform to specifications, the
City reserves the right to cancel the order upon written notice to the Contractor and return the product to the
Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall
be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon
issuance by the City of a purchase order.
1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or
parts of after opening/closing date and request re -issuance on the goods/services described in the formal
solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected
bidders/proposers and make available a written explanation for the rejection. The City also reserves the
right to reject the response of any bidder/proposer who has previously failed to properly perform under the
terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a
position to perform the requirements defined in this formal solicitation. The City further reserves the right
to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its
discretion, re -issue this formal solicitation.
1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are
available at the City's website at: http://www.ci.miami.fl.us/procurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate
response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate
response offers a different product that meets or exceeds the formal solicitation requirements. In order for
the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form
and shall mark "Alternate Response". Alternate response shall be placed in the same response. This
provision only applies to formal solicitations for the procurement of goods, services, items, equipment,
materials, and/or supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise
dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's
prior written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this
Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through
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
determined to be in the City's best interests. Such agreement will be furnished by the City, will contain
certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City
Attorney.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized
surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the
amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check
or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it
is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award
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i
contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the
right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful
bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of
award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract
has been awarded, all bid deposits will be returned on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and
submitted accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement
and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the
annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be
considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may
be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of
establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only.
When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is
added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response,
complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the
City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of
equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be
requested if the proposed brand is other than specified by the City. Such samples are to be furnished after
formal solicitation opening/closing only upon request of the City. If samples should be requested, such
samples must be received by the City no later than seven (7) calendar days after a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its
opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all
prospective bidders/proposers and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm
makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a
business risk which the contractor must assume. The City will not be obligated to reimburse amortized or
unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has
been unable to 'recoup its capital expenditures during the time it is rendering such goods/services, it shall
not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City
be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to
any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction
or other legal or equitable proceedings or on account of any delay for any cause over which the City has no
control.
1.18. COLLUSION—Bidder/Proposer, by submitting a response, certifies that its response is made without
previous understanding, agreement or connection either with any person, firm or corporation submitting a
response for the same items/services or with the City of Miami's Purchasing Department or initiating
department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other
illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of
Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the
City reserves the right to reject any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that
contracts between private entities and local governments are subject to certain laws and regulations,
including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor
agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect
the goods or equipment offered, including but not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client
because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following:
employment practices, rate of pay or other compensation methods, and training selection.
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B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3) (A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation.
Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a
condition precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility.
Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds
for termination of contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is
imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City
Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be
applicable only to Contracts for the provision of goods and services and public works or improvements for
amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs,
RFLI or IFBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff
including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City
Commissioners, or their respective staffs and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
oral communications with the City purchasing staff, 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 toany other penalties provided by law, violation of the Cone of Silence by any proposer or
bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent,
lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person
having personal knowledge of a violation of these provisions shall report such violation to the State
Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference
Section 18-74 of the City of Miami Code for further clarification.
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This language is only a summary of the key provisions of the Cone of Silence. Please review City of
Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may
contact the City Clerk at 305-250-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City 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 perform 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
information 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.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or
subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification
or destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
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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
Department. Should it be found necessary, a written addendum will be incorporated in the Formal
Solicitation and will become part of the purchase agreement (contract documents). The City will not be
responsible for any oral instructions, clarifications, or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving
precedence to the following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency
or disaster situation, the successful vendor shall provide the City with the commodities/services defined
within the scope of this formal solicitation at the price contained within vendor's response. Further,
successful vendor shall deliver/perform for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this
City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response
and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs,
RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect
to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any,
made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or
changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal
Solicitation and then the Response shall control. This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your
guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The City is not obligated to place an order for any given amount subsequent to the award
of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most
advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities
at the prices bid/proposed or at lower prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Bidder/Proposer fails to acknowledge receipt of addenda;
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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 whichhas 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 first -source hiring agreement policy and requires
as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants
and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring
agreements between the organization or individual receiving said contract and the authorized representative
unless such an agreement is found infeasible by the city manager and such finding approved by the City
Commission at a public hearing.
(b) For the purpose of this section, the following terms, phrases, words and their derivations shall have
the following meanings:
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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 Department of Labor. Each adjusted minimum wage rate calculated shall
be determined and published by the Agency Workforce Innovation on September 30th of each year and
take effect on the following January 1st.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full
responsibility to determine whether any of its employees may be impacted by this Florida Law at any given
point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s),
job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of
submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that
the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of
any contractual price increase request(s). The City reserves the right to request and successful
bidder/proposer must provide for any and all information to make a wage and contractual price increase(s)
determination.
1.40. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by
the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this
Contract shall take place in Miami -Dade County, Florida.
1.41. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been
inserted for convenient reference only and shall not in any manner be construed as modifying, amending or
affecting in any way the expressed 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 (IIHI) and/or Protected Health Information (PHI)
shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City
of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards,
which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to
the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential;
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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, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami,
Florida 33130, 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in
conjunction with this Section remain in effect for the duration of the contractual period; including any and
all option terms that may be granted to the Bidder/Proposer.
1.48. INVOICES - Invoices shall contain purchase order number and details of goods and/or services
delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida
Statutes (Prompt Payment Act).
1.49. LOCAL PREFERENCE
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 at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The
Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address,
and telephone number on the face page and on each continuation sheet thereof on which he/she makes an
entry, as required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include
packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise
specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's
compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If
applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated
quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case
of a discrepancy between the unit price and extended price, the unit price will be presumed correct.
C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods
and/or services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in
ink with the firm's name and by an officer or employee having authority to bind the company or firm by
his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person
signing the response or the response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the
Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS,
UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE
RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE.
1.62. 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 $25,000, the City Commission must approve the City Manager's decision. Such authority extends,
without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of
complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City
Manager.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall
promptly render a written report stating the reasons for the action taken by the City Commission or the City
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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 $25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1.Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications
or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to
file a protest is considered filed when received by the Chief Procurement Officer; or
ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the
Chief Procurement Officer within three days after the solicitation is published in a newspaper of general
circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement
Officer.
2. Protest of Award.
i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two
days after receipt by the proposer of the notice of the City Manager's recommendation for award of
Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier
Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City
Manager's recommendation can be found by selecting the details of the solicitation and is listed as
Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is
indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that
solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this
section of the website daily after responses are submitted to receive the notice; or
ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's
determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be
confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of
intent to file a protest is considered filed when received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer
within five (5) days after the date the notice of protest was filed. A written protest is considered filed when
received by the Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
assigning points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the
solicitation or the award is based, and shall include all pertinent documents and evidence and shall be
accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review
of the written protest and no facts, grounds, documentation or evidence not contained in the protester's
submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the
consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed
or allowed by this section, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is
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 $25,000, the decision of the Chief Procurement Officer shall be
submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by
the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a
protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the
Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of
such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek
judicial relief without first having followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the
requirements of this section, the city shallnot proceed further with the solicitation or with the award of the
Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided
in subsection (b) above, unless the City Manager makes a written determination that the solicitation process
or the Contract award must be continued without delay in order to avoid an immediate and serious danger
to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed
Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which
may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by
the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded
to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee
shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by
subsection (e) above.
1.75. 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 hour and date specified for receipt of responses, the solicitation number and
title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the
requisite Response Forms may be rejected. Hardcopy responses received at any other location than the
specified shall be deemed non -responsive.
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE.,
TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1
BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN
AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and
strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by
the United States mail delivery or caused by any other occurrence. Responses received after the
solicitation closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle
System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider
any subsequent submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be
placed in a separate envelope, box, or package and each envelope, box or package must contain the
information previously stated in 1.82.A.
1.80. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal
Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers
should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for
the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08,
Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer.
1.81. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate
this contract by written notice to the contractor effective the date specified in the notice should any of the
following apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the
contract.
B. The City has determined that such termination will be in the best interest of the City to terminate the
contract for its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is
contingent upon the availability of appropriate funds.
1.82. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services
awarded to a Bidder/Proposer have been received, inspected, and found to comply with award
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specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be
made by the City of Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection
and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable
law.
1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this
solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if
delivery is not made within the time(s) specified on their Response. Deliveries are to be made during
regular City business hours unless otherwise specified in the Special Conditions.
1.84. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted
the goods/equipment or used the goods, whichever comes first.
1.85.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses
submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An
exception may be made. for "trade secrets."
If the Response contains information that constitutes a "trade secret", all material that qualifies for
exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE
SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the
outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any
person. By your designation of material in your Response as a "trade secret" you agree to indemnify and
hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and
attorney's fees incurred by the City by reason of any legal action challenging your claim.
1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified
Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a
change order or purchase order is issued and received by the Contractor. The qualified
Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the
contract or any work performed by an employee not otherwise previously authorized.
1.87. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other
publicity purposes. No advertising, sales promotion or other publicity materials containing information
obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express
written permission of the City Manager or the City Commission.
1.88. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers
must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If
variations are not stated on their Response, it will be assumed that the product fully complies with the
City's specifications.
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for Lot Clearing Services - Citywide, as specified
herein, from a source(s) of supply that will give prompt and efficient service fully compliant with the terms,
conditions and stipulations of the solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Purchasing Department, Attn: Yadissa Calderon; fax: (305) 400-5369 or email: ycalderon@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 at 5:00 PM. All responses to questions will be sent to all
prospective bidders/proposers in the form man addendum. -NO QUESTIONS WILL BE RECEIVED
VERBALLY OR AFTER SAID DEADLINE.
2.3. PRE -BID CONFERENCE
Potential Proposers are required to attend the Mandatory Pre -Proposal Conference, which will occur
on Tuesday, January 17, 2012 at 9:00 AM, at Miami Riverside Center, 444 SW 2 Avenue, 7th FL Sout
Conference Room, Miami, FL 33130. A discussion of the requirements of the solicitation will occur at that
time. Each potential Proposer is required, prior to submitting a Proposal, to acquaint itself thoroughly with
any and all conditions and/or requirements that may in any manner affect the work to be performed. No
allowances will be made because of lack of knowledge of these conditions.
The purpose of the pre -proposal conference is to allow potential Proposers an opportunity to present
questions to staff and obtain clarification of the requirements of the solicitation documents. Because the
City considers the conference to be critical to understanding the solicitation requirements, attendance is
Mandatory.
Proposers who arrive more than one-half (1/2) hour late to said Pre -Bid Conferences, shall not have met
this mandatory requirement and will be deemed non -responsive.
2.4. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with
the option to extend for two (2) additional one (1) year periods, subject to the availability of funds for
succeeding fiscal years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.5. 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
2.6. 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
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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).
2.7. METHOD OF AWARD
This contract will be awarded to the three lowest responsive and responsible bidder(s), as determined by
the City of Miami, for Category A and Category B combined, meeting specifications as described in
Section 3.0. The City, at its own discretion, shall award to those firms meeting the Bidder's Minimum
Qualifications per Section 2.8. All Successful Bidders must be qualified and able to do the work specified
in both Category A and B. The Office of Code Enforcement shall utilize the Successful Bidders in a
Primary, Secondary and Tiertiary basis. The City of Miami Purchasing Department reserves the right to add
or delete bidders as necessary to maintain an adequate quantity and insure the proper performance by the
Successful Bidders.
2.8. BIDDER'S MINIMUM QUALIFICATIONS
In order for bids to be considered, bidder must be able to demonstrate its qualifications by listing its
references for similar work performed as required by the City's Specifications for each of the past three (3)
years or more. For example, one reference for each year for work performed MUST be listed and it does
not have to be consecutive years.
Bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified
work. Evidence shall include all information necessary to certify that the bidder; maintains a permanent
place of business; has technical knowledge and practical experience included in this scope of work; has
available the organization and qualified manpower to do the work; has adequate financial status to meet the
financial obligations incidental to the work; has not had just or proper claims pending against him/her or
his/her work; and has serviced similar type, size and complexity of equipment as specified herein.
REQUIRED EQUIPMENT / SUPPLIES / PERSONNEL
Demonstrate your ability to perform lot clearing services by submitting proof of ownership or leasing
documents under the company's or corporate officer's name at the time of bid submission for the following
minimum equipment described.
Bidders shall have sufficient personnel, supplies, tools, and equipment in order to provide the required
services. As the work to be performed varies from Category to Category, bidders shall possess as a
minimum, all the necessary equipment to perform lot clearing services under the Category selected by the
City. In order to be deemed responsive, the Bidder is required to own all of the listed equipment below
when needed. All equipment utilized must be maintained in good working condition. Failure to comply
with this section at the time of bid submission, shall deem your bid non -responsive.
Failure to maintain required equipment may be cause for removal from the Contract.
If any equipment considered critical to the performance of this contract experiences excessive down time,
the City may require the Successful Bidder to replace the equipment at his/her cost or immediately rent
equipment in good working order until own equipment is repaired to good working order, or be subject to
removal from the Contract.
Equipment / supplies / personnel for the performance of work under Category A include, as a minimum,
the following:
* In -office existing email capabilities and fax machine
* At least a one(1) person crew per job location
* Commercial Power Mower
* Weed Eater Type Unit, industrial size.
* Chain Saw, gas powered.
* Machete
* Gas Powered Blower, Edge Trimmer, and Hedger
* Garbage Cans
* Garbage Bags
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* Gloves
* Instant Camera (preferably digital) and Film if necessary.
Equipment ./ supplies / personnel for the performance of work under Category B include, as a minimum,
the following:
* In -office existing email capabilities and fax machine
* At least a one (1) person crew per job location
* Commercial Power Mower
* Large Mower (Bush Hog type)
* Weed Eater Type Unit, industrial size.
* Chain Saw, gas powered.
* Machete
* Gas Powered Blower, Edge Trimmer, and hedger
* Bobcat Type Skid Steer Loader
* Dump Truck with minimum 10 cu. yd. body capacity
* Garbage Cans
* Garbage Bags
* Gloves
* Instant Camera (preferably digital) and Film if necessary.
2.9. FIXED AND FIRM PRICING
The bidder warrants that prices, terms, and conditions in its bid will be fixed and firm throughout the
duration of the contract unless otherwise specified in the IFB. Such prices will remain fixed and firm for
the period of performance or resulting purchase orders or contracts, which are to be performed or supplied
over the designated period of time.
DUMPING/TIPPING FEES:
All dumping (tipping) fees are to be included as part of the rate per square foot as bid.
2.10. 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 charges for liquidated damages in the amount of
$25.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of the
contract) not as a penalty, but as compensation due the City for loss of enjoyment of having a clean lot and
the potential elimination of hazardous, injurious pollutant materials; and, for additional costs incurred by
the City due to such noncompletion of the work, the City shall have the right to deduct the said liquidated
damages from any amount due or that may become due to the bidder under this agreement or to invoice the
bidder for such damages if the costs incurred exceed the amount due to the bidder.
2.11. 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.
2.12. INSURANCE REQUIREMENTS
INDEMNIFICATION
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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 arenot 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, do Purchasing Department, 444 SW 2nd Avenue, 6th
Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has
been obtained which meets the requirements as outlined below:
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE LOT CLEARING
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Products/Completed Operations $ 1,000,000
Personal and Advertising Injury $ 1,000,000
Endorsements Required
City of Miami included as an Additional Insured
Premises and Operations Liability
Contingent and Contractual Liability
Underground Exposure Coverage
B.
II. Business Automobile Liability
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
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident.
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
The above policies shall provide the City of Miami with written notice of cancellation or material
change in accordance to policy provisions.
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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.
2.13. RESPONSE TIME
A twenty-four (24) hour response time is required. Failure to respond to a service call within the specified
time will result in the selected successful bidder paying any and all costs associated with the lot
clearing performed by another bidder .
2.14. ADDITIONS/DELETIONS OF SERVICES/SUPPLIES
Although this Solicitation identifies specific services, it is hereby agreed and understood that any services
may be added/deleted to/from this contract at the option of the City. When an addition to the contract is
required, the Successful Bidder(s) under this contract shall be invited to submit price quotes for these new
services. If these quotes are comparable with market prices offered for similar services, they shall be added
to the contract whichever is in the best interest of the City and an addendum and a separate purchase order
shall be issued by the City.
2.15. CONTRACT ADMINISTRATOR
Upon award, contractor shall report and work directly with Sergio Guadix, Chief of Code Enforcement,
who shall be designated as the Contract Administrator.
2.16. SUPERVISION
Contractor shall assign one working "On Duty" Supervisor when designated by the contract administrator
or his/her designee: Contractor shall also advise the name and telephone number where a responsible
Supervisor, or the Contractor, may be reached at any time for purposes of taking complaints and receiving
information as to daily contract performance. In the event the assigned Supervisor demonstrates an
inability to properly supervise his/her personnel as determined by the contract administrator or his/her
designee, then the contract administrator or his/her designee have the authority to request the immediate
dismissal of said Supervisor of his/her responsibilities at the facility and Contractor is to assign another
individual upon four (4) hour notice (if requested by the City) to supervise staff in a satisfactory manner as
determined by the contract administrator or his/her designee. The City shall only be liable for payment of
the actual hours worked by said Supervisor(s).
2.17. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED
As part of its Bid, the Successful Bidder(s) is required to identify any and all Subcontractors that will be
used in the performance of the proposed contract, their capabilities; experience, minority designation, as
defined in Ordinance 10062 and the portion of the work to be done by the Subcontractor. Failure to identify
any and all subcontractors in the Bid shall render the Successful Bidder(s) non -responsive; unless,
the successful bidder submits this documentation to the City within five (5) working days after the bid
opening.
The Contractor shall not, at any time during the tenure of the contract, subcontract any part of his
operations or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their
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Bid, except under and by virtue of permission granted by the City through the proper officials.
Nothing contained in this specifications shall be construed as establishing any contractual relationship
between any subcontractor and the City.
The contractor shall be fully responsible to the City for the acts and omissions of the subcontractor and
their employees, as for acts and omissions of persons employed by contractor.
2.18. SUBCONTRACTOR'S MINIMUM REQUIREMENTS
Bidder must list any or all subcontractor(s) that may be utilized to assist in the performance of the work
specificied herein. Any subcontractor(s) listed must meet the same requirements and submit the same
information listed under the Bidder's Minimum Qualifications section. All information required shall be
included in the solicitation response. If bidder does not include any subcontractor(s) as part of its bid
submittal, it will be construed that bidder will be able to handle the entire workload by itself and will not be
allowed to subcontract any of the work unless it request in writing the hiring of subcontractor(s) with the
aforementioned requirements attached to its request within seventy two (72) hours of considering hiring
subcontractor(s). The City will grant or deny such request in writing within forty-eight (48) hours of
receiving said request.
2.19. ADDITIONAL CONTRACTOR(S) OR SUBCONTRACTOR(S)
There are no implied or express guarantees that all Successful Bidders under this contract will receive
work assignments during any given catastrophic events such as tornadoes, hurricanes, severe storms or any
other public emergency. However, the City reserves the right to assign work to multiple Successful
Bidders at any given point in time, add Contractor(s) who were not part of the initial award to the contract
or direct successful bidder(s) to hire subcontractor(s), which may or may not be part of this bid contract, to
expedite the clean-up efforts of debris to restore normalcy and order to the lives of City residents,
businesses, and general public in an expeditious manner.
2.20. TIE BIDS
Whenever two or more Bids which are equal with respect to price, quality and service are received by the
City for the procurement of commodities or contractual services, a Bid received from a business that
certifies that is has implemented a drug -free workplace program shall be given preference in the award
process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a
drug -free workplace program. In order to have a drug -free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the action that
will be taken against employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that are under Bid a
copy of the statement specified in subsection (1.).
(4) In the statement specified in subsection (1.), notify the employees that, as a condition of working on
the commodities or contractual services that are under Bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction. -
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is so
convicted.
(6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this
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section.
2.21. USE OF PREMISES
The contractor shall confine his/her equipment, apparatus, the storage of materials, and the operation of
his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager,
and shall not unreasonably encumber the premises with his/her materials. The contractor shall take all
measures necessary to protect his own materials.
2.22. 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.Z3. REFERENCES
Each Bid must be accompanied by a list of references as reflected in the Header/Attributes Section of this
Solicitation, which shall include the name of the company, dates of contract, description of goods or
services supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED
WITHOUT THIS LIST.
2.24. REFERENCE LETTERS
Bidders need to provide a minimum of two (2) current letters of reference from the three (3) listed
references.
2.25. COMPLETE PROJECT REQUIRED
These specifications describe the various items or classes of work required, enumerating or defining the
extent of same necessary, but failure to list any item or classes under scope of the several sections shall not
relieve the contractor from furnishing, installing or performing such work where required by any part of
these specifications, or necessary to the satisfactory completion of the project.
2.26. CONTRACTOR TO BE REPRESENTED
The contractor at all times must either be personally present at the worksite or be represented at the
worksite by a responsible agent or agents designated by the contractor in written notice to the City prior to
the beginning of work. Such notification shall include pertinent data such as addresses, phone numbers,
etc., where said agent or agents may be contacted at any time of the day or night. The agent or agents shall
be clothed with full authority to act for the contractor in all cases, and to carry out any instructions relative
to the work may be given by the City.
2.27. PUBLIC CONVENIENCE AND SAFETY
The contractor shall conduct his work so as to interfere as little as possible with private business or public
travel. He shall, at his own expense, whenever necessary or required, maintain barricades, maintain lights,
and take such other precautions as may be necessary to protect life and property, and he shall be liable for
all damages occasioned in any way by his actions or neglect or that of his agents or employees.
The contractor shall meet the following noise abatement performance standards for all construction
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equipment:
Between the hours of 7:00 A.M. and 6:00 P.M. noise levels shall not exceed 80 dBA at the nearest
residential or commercial property line.
Operation of equipment should be avoided between the hours of 6:00 P.M. and 7:00 A.M., but if required,
the noise level shall not exceed 65 dBA.
2.28. SAFETY MEASURES
Contractor shall take all necessary precautions for the safety of employees, and shall erect and properly
maintain at all times all necessary safeguards for the protection of the employees and the public. Danger
signs warning against hazards created by his/her operation and work in progress must be posted.
All employees of contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and
hearing protection when and wherever applicable. The contractor shall use only equipment that is fully
operational and in safe operating order. Contractor shall be especially careful when servicing property
when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed.
2.29. QUALITY OF WORK
All work shall be performed using superior lot clearing standards and techniques. The City reserves the
right to require the contractor to return to the job site to complete the lot clearing if it is determined by the
City that the initial work was not completed at no additional cost to the City.
2.30. 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.
2.31. 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.
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2.32. PRIMARY CLIENT (FIRST PRIORITY)
The successful bidders)/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.
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3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
3.1 BACKGROUND: This Invitation for Bid (IFB) is issued to ensure that properties located within the
City of Miami (City) are maintained free of debris and excessive vegetative growth, and free from
non -vegetative bulk items that are unsightly and create unsanitary and hazardous conditions. This bid is
prepared to establish a contract to clear lots containing vegetative and/or non -vegetative debris in an
expeditious manner.
3.2 DEFINITIONS: The following definitions are an attempt to provide successful bidders with a general
description indicative of the items which the City intends to remove from various properties and the work
involved utilizing the services of qualified successful bidders.
a) Debris: The remains of something broken down or destroyed; the accumulation of fragments of
rock; something discarded - rubbish; something in a crumbled or broken condition or mass; useless waste
or rejected matter - trash, etc.
b) Vegetative Debris: Living plants allowed to grow in an uncontrolled manner, or not cared for or
maintained on a regular basis; growing, or having the power of growing; promoting plant growth; relating
to, composed of, or suggesting vegetation; of or relating to the division of nature comprising the plant
kingdom, etc.
Vegetative debris additionally includes Yard Trash, which is defined as abandoned vegetative material
from landscaping, maintenance or land clearing operations, and includes such materials as tree and shrub
trimmings, grass clippings, palm fronds, tree limbs, tree stumps, and similar materials.
c) Non -Vegetative Debris: Items that do not grow or have the power of growing; not related to the
plant kingdom, etc. Includes all Waste, which encompasses garbage, rubbish, and refuse from residential,
commercial, or industrial activities, including kitchen and table food waste, animal, or vegetative waste that
is attendant with or results from the storage, preparation, cooking, or handling of food material; paper,
wood scrape, cardboard, cloth, glass, rubber, plastic, discarded tires and automobile fixtures; household
goods and appliances; toys, tools and equipment; and similar materials.
d) Litter: Things lying about in disorder, particularly bits or scraps of paper or rubbish scattered about,
etc.
e) Abandoned Property: Abandoned property as defined in Chapter 33 of the City of Miami Code.
This shall not include automobiles, trucks, or boats.
f) Chipping: The mulching, crushing, chopping, and cutting of vegetation into small pieces through a
mechanical device known as a chipper.
g) Heavy Disposal: Debris or materials requiring the use of a front end loader and dump truck.
h) Light Disposal: Debris or materials loaded under manual pick-up.
i) Manual Pick -Up: The clearing of land through the use of hands, to include but not be limited to:
raking, pitchforking, shoveling, picking up paper, cardboard, cans, bottles, litter and any other debris
(debris not to exceed seventy (70) pounds and one hundred thirty (130) inches in length).
j) Mechanical Clearing: The clearing of land by mechanical means, utilizing a device such as a
bulldozer or equivalent device, which scrapes the surface of the land whether it is an even ground or
whether it has mounds, and frees it from weeds, brush and debris. The device must back blade (level off)
the lot.
k) Tractor Mowing: The clearing of land by mechanical means utilizing a device such as a tractor
mower or equivalent device which mows or cuts through the use of blades, the grass, weeds and brush to a
height not to exceed three (3") inches from the ground surface (except for valuable trees, plants and
vegetation such as palmettos or native shrubs). Mowing will be used as the means to clear lots when the
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terrain is level but containing high weeds and/or brush.
A commercial type mower is defined as a high wheeled, walk behind mower with a minimum of seven (7)
horse power, or a riding tractor equipped with a mowing deck and powered by an engine developing a
minimum of ten (10) horse power. The commercial type mower is to be used on residential work sites. At
the discretion of the City, the successful bidder(s) may be required to mow the lot with the commercial type
mower and not the "bush hog" tractor mower.
1) Trimming: The removal, clipping, lopping, cutting, pruning and/or clearing of all trees, bushes,
vines and shrubs (except for valuable trees, plants and vegetation such as palmettos or native shrubs).
m) Weed -eating: The trimming of grass, weeds, shrubs, brushes and vines on the perimeter or border
of the lot or swale area and around mounds, trees, boulders, and any other similar areas.
n) Office of Code Enforcement: The Code Enforcement Office will approve and monitor lot clearing,
requests, dispatching the Successful Bidder to perform lot clearing services, responding to complaints from
successful bidders, and authorizing payments. Code Enforcement Inspectors will verify that the property
has been cleared to the City's satisfaction.
o) Blanket Release: This form is utilized by Code Enforcement to notify a successful bidder(s) of the
location of a lot(s) to be cleared, total square footage of lot(s) and price to be paid by the City, and to
authorize work to the successful bidder, on a rotational basis, to provide Category A or B lot clearing
services. A Blanket Release shall be used to track and monitor specific lot(s) for these services and for
successful bidder work performance. The Blanket Releases shall also be required as support documentation
of successful bidders' invoices.
p) Vendor Non -Performance Form: An occasion of unsatisfactory, untimely, or deficient performance
of work by a successful bidder. Non -Performance shall include, but not be limited to, the following
situations: (1) did not complete all required lot clearing services within three (3) or five (5)calendar days;
(2) performed lot clearing services but work is deemed unsatisfactory by the Code Enforcement Inspector;
(3) awarded successful bidder fails to perform any lot clearing services on the assigned lot(s); (4) fails to
respond when requested by Code Enforcement for lot clearing services. The City reserves the right to add
or change other areas of work deficiencies as a "Non -Performance."
3.3 CATEGORIES OF WORK:
It is the intention of the City to utilize the successful bidders to provide services for the two (2) Categories
of Work to be performed:
a) Category A: Rate per square foot shall include any and all tipping/dumping fees for mowing,
trimming, chipping, and other lot clearing services, so as to leave any grassy areas cleanly mowed; any
hedge, bush or the like neatly trimmed and in general leave the property in a state of good repair and
maintenance; including the removal of all vegetative debris and minor non -vegetative debris not exceeding
one cubic yard in volume (concrete blocks, rocks, small appliances, etc.), and the proper disposal of all
debris removed at a legal disposal site located in Miami -Dade or Broward County; and
b) Category B: Rate per square foot shall include any and all tipping/dumping fees for removing,
hauling, and properly disposing of major non -vegetative (large concrete debris, large rocks, large
appliances, etc.) and the proper disposal of all debris removed at a legal disposal site located in
Miami -Dade or Broward County.
The City will not be responsible for payment of any additional fees outside the rate per square foot
specified in your bid submittal.
If and when necessary, successful bidders are required to provide Category A services, but the lot contains
both vegetative and non -vegetative debris, the Office of Code Enforcement may require the successful
bidders to initially remove and properly dispose of all Category B, non -vegetative debris. and subsequently
provide all services stipulated under Category A for the removal of vegetative debris.
The City, at its sole discretion, may require the successful bidders to perform both Category A and B
services for a given lot(s).
3.4 PAYMENT BY CITY TO SUCCESSFUL BIDDER(S) FOR SERVICES
a) Category A: All successful bidders shall be paid by the City based upon the square foot cost in the bid
submission, for the provision of all required services as described above for the removal of vegetative
debris and minor non -vegetative debris. No other costs shall be paid by the City for this Category of service
unless specifically authorized in writing, in advance, by the City.
b) Category B: All successful bidders shall be paid by the City based upon the square foot cost in the bid
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submission, for the provision of all required services as described above for a lot(s) to be cleared, hauled
and properly disposed of all major non -vegetative debris.
No other costs shall be paid by the City for this Category of service unless specifically authorized in
writing, in advance, by the City.
3.5 SCOPE OF WORK:
The requirements of this solicitation include the provision of all labor, supervision, materials, supplies,
tools, and equipment necessary for the efficient performance of all work called for in this IFB. All work
shall be performed in strict accordance with the specifications and upon instructions by the City. Successful
bidders shall be qualified to provide lot clearing services for both Category A and Category B services. The
names of those successful bidder's shall be maintained on the List. Successful bidders shall work closely
with the Code Enforcement in the clearing of all lots under the Contract.
Category A: Services for this Category include the complete removal of vegetative debris and minor
non -vegetative debris such as rubbish, trash, debris, dead trees or other unsightly, unsafe, or unsanitary
matter on property; and/or removal of weeds, as well as proper mowing of all grassy areas. The hauling and
legal disposal of all vegetative and minor non -vegetative debris shall be made at the Resource Recovery
Site located at 6990 N.W. 97th Avenue, Miami, Florida, or other legal disposal sites in Miami -Dade or
Broward County. The Successful bidder(s) shall be responsible for the payment of all tipping fees. The
Successful bidder(s) shall satisfactorily complete, as a minimum, each of the following service
requirements for Category A within five (5) calendar days after receipt of an authorized Blanket Release.
• Overall services include hand or tractor mowing, trimming, weed -eating, manual pick-up, mechanical
clearing, chipping, raking, loading and hauling, and the proper and total disposal of all of the
vegetative debris on that lot(s).
Pick up any paper or other litter prior to the initiation of any mowing so as to eliminate the mowing
over of litter and its scattering around the lot.
Cut grass in the lot and swale area to a height of not more than three (3) inches.
Remove all grass and weed growth within the sidewalks bordering the property and swale area in
question.
Trim tree branches so that a six (6) foot high area around the tree canopy is clear, and legally dispose
of all large tree trimmings.
Clear, mow lot and swale area, rake all cuttings and trimmings, and remove all vegetative debris.
Take photographs of the site to be cleared before any work is done, and immediately after completion
of all work on by the Successful bidder. These photographs shall be provided to the Code
Enforcement to document his/her work.
Remove all excessive vegetation of any matter from the entire parcel unless otherwise specified.
Repair any irrigation pipes, ditches and gates damaged by the Successful bidder to the satisfaction of
the City and at Successful Bidder's expense. Irrigation water flow to users must not be interrupted.
Sweep clean all sidewalks and streets as needed to prevent injury to pedestrians and upon the
completion of any parcel. Whenever necessary, barricades and traffic control will be used. All
sidewalks, driveway entrances, alley entrances, curbs, gutters and streets which are damaged by the
Successful bidder during his/her operations shall be repaired to the satisfaction of the City and paid
by Successful bidder.
Rake, bag, collect, and properly dispose of all cuttings from grass, leaves, and weeds at a legitimate
disposal site. Branches and other woody materials must also be removed and properly disposed.
All vegetative debris under this category must be properly disposed of and in accordance with
federal, state and local laws and ordinances, when applicable. Any citations received for the violation
of any regulation, ordinance or law, or the receipt of a fine for the same, shall be borne solely by the
Successful Bidder. At no time shall Successful bidder(s) leave piles of debris on sidewalks or
easements, nor shall debris be placed into containers on or around the lot(s) to be disposed of by
another hauler at a later time.
Sidewalks and swales adjacent to the lot must be left broom clean. All cuttings, trimmings, etc. must
be properly disposed at a legitimate site.
There will be no scraping of lots leaving indentures, holes, or excavation areas on any lot(s).
Remove, haul, and properly dispose of all material to a legal disposal site. The improper disposal of
any debris may subject the Successful bidder to fines and criminal penalties pursuant to the violation
of any local, county, state or other applicable laws, regulations, and ordinances, up to and including
arrest and confiscation of vehicle. Any violation may lead to the termination of successful bidder's
participation in the Contract.
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Category B: Specific work performed under Category B includes, but is not limited to, the satisfactory
removal and legal disposal of the following within five (5) calendar days after receipt of an authorized
"Blanket Release."
Building Materials, such as wood, rock, dirt, concrete, roofing materials, metal, etc.;
Tires, plastic, and other miscellaneous debris;
Paper, cardboard, cans, bottles, and other types of litter;
Abandoned private property to include such items as vehicle parts; refrigerators, stoves, furniture,
and any other such types of bulky items.
Successful bidder shall also clear designated parcels of rubble, to include various amounts of building
materials, old tires, refuse, trash, fences, and other non -vegetative garbage, rubbish or waste.
In order to control dust, if necessary, the Successful bidder shall apply adequate dust palliative (such
as water) to the ground and to the debris in an amount sufficient to adequately control dust
disbursement to adjoining properties.
Take photographs of the site to be cleared before any work is done, and immediately after completion
of all work on by the successful bidder. These photographs shall be provided to the Code
Enforcement to document his/her work.
The dumping or discarding of any materials and debris shall be done in accordance with federal, state
and local laws and ordinances, when applicable. Any citations received for the violation of any
regulation, ordinance or law, or the receipt of a fine for the same, shall be borne solely by the
successful bidder.
All non -vegetative debris under this category must be properly disposed. At no time shall successful
bidder(s) leave piles of debris on sidewalks or easements, nor shall debris be placed into containers or
dumpsters on or around the lot(s) to be disposed by another hauler at a later time. The payment of all
tipping fees is the responsibility of the successful bidder(s).
On an as -needed basis, successful bidder(s) shall respond to request for emergency clean-up(s) in
addition to scheduled clean up of illegally dumped debris.
Category B may also be required to provide Category A services for any given lot(s). In those
instances, the successful bidder shall be required to perform first Category B services before
performing any Category A services.
For Both Category A and B:
Services to be performed include the removal of bulk debris and its proper disposal at the Resource
Recovery Site or other designated sites by the City. City shall pay the successful bidder based upon its
lowest quote to remove, haul and properly dispose of the same. Successful Bidders is responsible for the
payment of all tipping fees and submit receipt with invoice.
Be advised the above list is not all-inclusive and lot clearing duties may include other services to ensure
the lot(s) is totally clear of all non -vegetative debris within five (5) calendar days after receipt of an
authorized Blanket Release.
3.6 LOT CLEARING PROCEDURES:
Procedures for Category A and B:
a) All awarded bidders will receive a Blanket Purchase Agreement outlining all lot clearing services
under these Categories. However, no successful bidder is to perform work until a Blanket Release is
issued, specifying the exact lot location, total square footage of lot and price to be paid by the City. No
successful bidder shall perform services and/or process invoices which exceed the amount of the Blanket
Release issued by the City.
b) Code Enforcement utilizes a pre -numbered Blanket Release specifying, for each lot to be cleared of
vegetative debris and/or minor non -vegetative debris, the address(s) and size of the lot(s), its total square
footage, and total cost as determined by the City. There should be no more than one (1) lot on a Blanket
Release and multiple releases may be issued by Code Enforcement for those lots that are contiguous to, or
in the immediate proximity of one another.
c) Upon receipt of Blanket Release, the successful bidder has five (5) calendar days to clear the lot(s).
d) Upon receipt of Blanket Release, successful bidders shall immediately perform all lot clearing
services described in the Blanket Release and in accordance with the General and Special Terms and
Conditions of this bid, regardless of the location of the lot(s) or its size(s). At no time shall any successful
bidder be selective as to which lot or which Code Enforcement area he/she will respond. Refusing work
will lead to immediate removal from the contract.
e) Prior to the commencement of any lot clearing services, successful bidder shall take a photograph
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("prior") to document the condition of the lot(s) before any work is initiated. This photograph(s) should
clearly show the total lot(s) to be cleared.
0 All debris must be dumped at a legal disposal site, and proof of the disposal of debris (via disposal
ticket) must be provided to the City with photographs and invoice before payment can be processed.
g) Once a lot(s) has been cleared in accordance with specifications, successful bidder shall take a
second photograph ("after") to document the successful bidder's work. This photograph(s) should clearly
show the total lot(s) cleared.
h) Successful bidder shall immediately (within 24 hours) notify the respective Code Enforcement Field
Office or Inspector of the clearance of the lot and the need for inspection, by telephone or visit.
i) Should additional dumping take place following the "after" photograph of the cleared lot (and before
an inspection by the City), the Code Enforcement Field Office should be immediately contacted by the
successful bidder. Code Enforcement shall follow procedures for Category A or B services and seek the
return of the successful bidder that cleared the lot the first time. This decision shall be at the City's sole
discretion and approval.
j) The Code Enforcement Inspector shall respond, within two (2) working days after notification by a
successful bidder(s) that a lot(s) has been cleared, to inspect the lot(s) pursuant to the Blanket Release. If
approved, the Inspector shall notify Code Enforcement Office or Field Office verifying the work has been
completed to the satisfaction of the City. The Inspector shall provide the approved Blanket Release, within
the specified period of time, to an authorized designee at the Code Enforcement Office.
k) Once an Inspector has determined the work has been completed in an acceptable manner, Successful
bidder will not be held liable for any other services required on that lot(s).
1) Upon receipt of authorized Blanket Release approved by the Inspector, successful bidder should
immediately (within 24 hours) submit the two (2) photographs (before and after) referencing the Blanket
Release number and respective address, the invoice referencing the authorized Blanket Release number
and a copy of the respective disposal ticket to the legal disposal site, to the respective Code Enforcement
Representative for authorization for payment for services rendered.
The Office of Code Enforcement shall document the receipt of the invoice, review the invoice relative to
the pre -numbered Blanket Release and determine if all documentation correlates to the original request for
service by that Code Enforcement Office. The City reserves the right to add, delete, or modify these
procedures.
3.7 NON-PERFORMANCE FOR CATEGORY A AND B SERVICES
It is the expectation of the City that all qualified successful bidders perform lot clearing services according
to specifications and within the required five (5) calendar days as per category. Should a successful
bidder not respond to perform work within the days stipulated herein, the Office of Code Enforcement shall
document successful bidder's non-compliance on a Vendor Performance Form and submit to Purchasing
Department for follow-up disciplinary action. Should this occur three (3) times, the City reserves the right
to remove the successful bidder from the contract. Should a successful bidder fail to notify the Office of
Code Enforcement, in advance, of an intended absence, and his/her name is referred to provide lot clearing
service, the successful bidder shall be subject to the issuance of an "instance" for non performance as
indicated below.
Please be advised that any successful bidder found to have disposed of any debris at a location other than a
legal disposal site will be subject to the consequences for the violation of all federal, state, county, or local
laws and ordinances pertaining to illegal dumping, including arrest and fines, and shall be terminated from
the contract by the Contract Administrator. In addition, the City reserves the sole right to terminate any
successful bidder from the Contract when City determines the successful bidder(s) has perpetuated an
egregious act while performing lot clearing services, or it continues to compile over a period of time
excessive complaints and/or instances that cannot be rectified after sufficient warnings by the City. All
terminations from the Contract are subject to approval by the Purchasing Department.
3.8 METHOD OF PAYMENT:
The City shall pay successful bidders according to the following:
Category A: Per square foot to be based on the City record for total square footage of the lot(s) to be
cleared, debris hauled and properly disposed of at the Resource Recovery Site located at 6990 N.W. 97th
Avenue, Miami, or other legal disposal sites in Miami -Dade or Broward County. Payment is in arrears and
only when the City has approved for payment the invoice(s) submitted. Successful Bidders are responsible
for the payment of all tipping fees at dumping Site. All tipping (dumping) fees are to be included as part of
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the rate per square foot as bid and receipts must be included with the invoice, copy of blanket
release, before and after photos taken and delivered to the nearest Office of Code Enforcement for review
and approval. Code Enforcement Office will forward the approved package to Finance Department for
payment.
Category B: Payment shall be made on the City record for total square footage of the lot(s) to be cleared,
haul and properly dispose of all Category B debris, in accordance with the specifications, to the Resource
Recovery Site located at 6990 N.W. 97th Avenue, Miami, or other legal disposal sites in Miami -Dade or
Broward County. Successful Bidders are responsible for the payment of all tipping fees at dumping Site.
All tipping (dumping) fees are to be included as part of the rate per square foot as bid and receipts must
be included with the invoice, copy of blanket release and before and after photos taken and delivered to the
area Office of Code Enforcement for review and approval. Code Enforcement Office will forward the
approved package to Finance Department for payment. The City further reserves the right to designate
other dumping sites at any time if it is in the City's best interest. In addition, if approved by the City, the
successful bidder may be required to also perform Category A services on the same lot(s).
Payment is in arrears and only when the City has approved payment pursuant to the invoice(s) submitted.
3.9 EMERGENCY SERVICES:
When a job is deemed to be an emergency by the City, successful bidders shall provide emergency
Category A and/or B services as designated herein and respond to the lot(s) to begin clearing the same,
upon approval by the Office of Code Enforcement, and shall commence work no later than four (4) hours
after notification to proceed when conditions pose a hazard to the public, health, safety, and/or welfare of
the general public. Emergency requests shall be initiated by the Field Office with approval from the Office
of Code Enforcement before any work takes place on the property.
3.10 HAZARDOUS MATERIALS:
Hazardous materials means any toxic or hazardous substance, material, or waste, and any other
contaminant, pollutant or constituent thereof, whether liquid, solid, semi -solid, sludge and/or gaseous,
including without limitation, chemicals, compounds, pesticides, petroleum products including crude oil and
any fraction thereof, asbestos containing materials or other similar substances or materials which are
regulated or controlled by, under, or pursuant to any federal, state or local statutes, laws, ordinances, codes,
rules, regulations, orders or decrees, not limited to the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended by the Superfund Amendment and Reauthorization
Act of 1986; the Solid Waste Disposal Act; the Hazardous Material Transportation Act; the Clean Water
Act, the Clean Air Act, Occupational Safety and Health Act of 1970 ("OSHA"), or other similar law or
statute. The Successful bidder must immediately advise the Code Enforcement when hazardous materials
are found at the clean-up site. The City will determine the appropriate action to take before the Successful
bidder may proceed or resume work.
3.11 LIMITATIONS OF OPERATIONS:
No work shall be done on any day between the hours of 7:00 p.m. and 7:00 a.m., unless permission to do
so is provided by the City.
3.12 PROTECTION OF IMPROVEMENTS AND UTILITIES:
It shall be the Successful bidder's responsibility to exercise all caution in the vicinity of any improvement
or utility. The Successful bidder shall be responsible for any damages done to any improvement or utility
by the Successful bidder.
A. Structures: The Successful bidder shall note the location of all structures and exercise care to avoid
damaging any building, wall, curb, sidewalk, driveway, or other structure located on, or adjacent to, the
work site.
B. Driveways: Successful bidder shall, at its own expense, promptly repair any damage to driveways
caused by his/her operations, and such repair shall restore the damaged area to a condition equal to or better
than that of the existing driveway, in accordance with City of Miami specifications and requirements for
such work.
C. Sidewalks: Prior to commencing any work, the Successful bidder shall examine the condition of any
sidewalk located on or adjacent to the site, noting any cracked or broken areas, or potholes. Any sidewalk
damaged as a result of the Successful bidder's work shall be repaired or replaced by him/her at his/her own
expense, in accordance with current City of Miami specifications and requirements for such work. New
concrete sidewalk sections required for such repair shall consist of full flags only, and they shall match the
grade, dimensions, color and fmish of the existing adjacent sidewalk. Repairs to damaged sidewalks
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consisting of limerock base with surface treatment shall be made by replacement of patching as directed by
the City.
D. Parkways: Parkways between the property line and the street pavement which are damaged by the
Successful bidder shall be restored to a condition similar to that existing prior to commencement of the
work. The Successful bidder shall locate any existing drainage inlets and structures within the parkway and
shall avoid causing interference with the drainage function of the parkway swale by his/her operations or
by any repair work or restoration of facilities damaged by the work.
E. Utilities: The Successful bidder shall make all necessary arrangements with the utility companies
concerned for protection of their lines during the work period. Prior to commencing work at each site, the
Successful bidder shall locate and mark any existing gas lines, water lines, sprinkler heads, fire hydrants
sewers, septic tanks, drain fields, wells drainage structures, telephone and power cables, buried markers and
other utilities that may be endangered by, or be a hazard to, the Successful bidder's operation. The
inspection of the site shall include seeking any downed power or telephone lines which may be hidden in
the undergrowth. If any is found, he/she shall report it to the City for notification of the proper authority
immediately. No work shall be performed at the site until after such utility damage has been repaired by the
utility company.
F. Valuable Trees: The Successful bidder shall note the location of all valuable trees, shrubs, hedges, and
similar cultivated plants as defined in County Ordinance 72-20, and shall mark each as necessary and take
particular care to avoid damaging them by his/her operations. Subject to approval by the City, the
Successful bidder may be permitted to trim shrubs or trees to remove their lower branches to facilitate the
lot clearing work. Limbs lower than six (6) feet in height shall be trimmed at the trunk on those trees and
plants where so specified by the City.
3.13 COMPLAINTS:
Should any of the successful bidder(s) encounter a problem with a Code Enforcement Inspector, or other
City personnel in performing any services under the ensuing Contract, contact should be made with the
Contract Administrator in the Office of Code Enforcement to resolve the same.
It shall be the responsibility of the Office of Code Enforcement and the Purchasing Department to maintain
documentation of instances of non-performance and unsatisfactory performance via the Vendor
Non -Performance Form to Purchasing Department, which after three (3) occurrences may be cause
for removal from contract. It shall also be the responsibility of the Office of Code Enforcement and
Purchasing Department to ensure that its active, lot clearing successful bidders maintain current and
approved insurance coverage at all times.
Unsatisfactory or non-performance by any successful bidder will not be tolerated by the City as it is the
City's expectation to clear its lots of vegetative and non -vegetative debris in the most expedient and least
costly manner, and is responsive to the City's needs. The City reserves the sole right to terminate any
successful bidder deemed to have perpetuated an egregious act while performing lot clearing services.
Although the City desires to maintain a positive working relationship, non-performance or unsatisfactory
performance for any reason is unacceptable.
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