HomeMy WebLinkAboutInvitation for BidCity of Miami
Invitation for Bid (IFB)
Purchasing Department
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
IFB Number:
Title:
Issue Date/Time:
IFB Closing Date/Time:
Pre -Bid Conference:
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification:
Buyer:
Hard Copy Submittal Location:
Buyer E-Mail Address:
Buyer Facsimile:
371334,5
Invitation for Bid to Furnish/Install
Exhaust Systems at Various Fire Stations
12-NOV-2013
20-NOV-2013 @ 14:00:00
Voluntary
Wednesday, October 23, 2013 at 10:00
AM
Fire Station No. 1, 144 N.E. 5th St.
Miami. Visits to the other nine (9) Fire
Stations will follow immediately
thereafter.
Wednesday, October 24, 2013 at 5:00 PM
Calderon, Yadissa
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
ycalderon@ci.miami.fl.us
305-400-5369
Page 1 of 52
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 DISOUALIFY THIS BID.
Page 2 of 52
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Address, City, State, Zip, Contact Name, Contact Title, Phone, Fax, Email:
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Occupational License Number:
Occupational License Issuing Agency:
Occupational License Expiration Date:
Will Subcontractor(s) be used? (Yes or No)
If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will
be responsible for under this contract (a copy of their license(s) must be submitted with your bid
response):
Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 1: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1
Page 3 of 52
Reference No. 1: Date of Contract for above reference no. 1
Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 2: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2
Reference No. 2: Date of Contract for above reference no. 2
Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 3: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3
Reference No. 3: Date of Contract for above reference no. 3
Are you seeking local preference? YES OR NO? If Yes, you are required to complete and submit at the
time of bid submittal the attached City of Miami Local Office Certification Form.
Page 4 of 52
Line: 1
Description: Furnish and install an exhaust removal system at Fire Station #1, per specifications.
Category: 41552-30
Unit of Measure: Dollar
Unit Price: $
Manufacturer
Model Number
Supplier Part Number
Line: 2
Number of Units: 1 Total: $
Description: Furnish and install an exhaust removal system at Fire Station #2, per specifications.
Category: 41552-30
Unit of Measure: Dollar
Unit Price: $
Manufacturer
Model Number
Supplier Part Number
Line: 3
Number of Units: 1 Total: $
Description: Furnish and install an exhaust removal system at Fire Station #3, per specifications.
Category: 41552-30
Unit of Measure: Dollar
Unit Price: $
Manufacturer
Model Number
Supplier Part Number
Number of Units: 1 Total: $
Page 5 of 52
Line: 4
Description: Furnish and install an exhaust removal system at Fire Station #4, per specifications.
Category: 41552-30
Unit of Measure: Dollar
Unit Price: $ Number of Units: 1 Total: $
Manufacturer
Model Number
Supplier Part Number
Line: 5
Description: Furnish and install an exhaust removal system at Fire Station #5, per specifications.
Category: 41552-30
Unit of Measure: Dollar
Unit Price: $ Number of Units: 1 Total: $
Manufacturer
Model Number
Supplier Part Number
Line: 6
Description: Furnish and install an exhaust removal system at Fire Station #6, per specifications.
Category: 41552-30
Unit of Measure: Dollar
Unit Price: $ Number of Units: 1 Total: $
Manufacturer
Page 6 of 52
Model Number
Supplier Part Number
Line: 7
Description: Furnish and install an exhaust removal system at Fire Station #7, per specifications.
Category: 41552-30
Unit of Measure: Dollar
Unit Price: $ Number of Units: 1 Total: $
Manufacturer
Model Number
Supplier Part Number
Line: 8
Description: Furnish and install an exhaust removal system at Fire Station #8, per specifications.
Category: 41552-30
Unit of Measure: Dollar
Unit Price: $ Number of Units: 1 Total: $
Manufacturer
Model Number
Supplier Part Number
Line: 9
Description: Furnish and install an exhaust removal system at Fire Station #9, per specifications.
Category: 41552-30
Unit of Measure: Dollar
Page 7 of 52
Unit Price: $ Number of Units: 1 Total: $
Manufacturer
Model Number
Supplier Part Number
Line: 10
Description: Furnish and install an exhaust removal system at Fire Station #10, per specifications.
Category: 41552-30
Unit of Measure: Dollar
Unit Price: $
Manufacturer
Model Number
Supplier Part Number
Number of Units: 1 Total: $
Page 8 of 52
Invitation for Bid (IFB) 371334,5
Table of Contents
Terms and Conditions 11
1. General Conditions 11
1.1. GENERAL TERMS AND CONDITIONS 11
2. Special Conditions 31
2.1. PURPOSE 31
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 31
2.3. METHOD OF AWARD 31
2.4. PROGRESS PAYMENTS 31
2.5. RETAINAGE 32
2.6. BIDDER'S MINIMUM QUALIFICATIONS 32
2.7. CERTIFICATE OF COMPETENCY 33
2.8. FAILURE TO PERFORM 33
2.9. EQUAL PRODUCT 33
2.10. INSURANCE REQUIREMENTS 33
2.11. FEDERAL REQUIREMENTS 35
2.12. LICENSES, PERMITS AND FEES 39
2.13. COMPLETION TIME 39
2.14. COMPLETED WORK 39
2.15. TESTING SUBMITTALS 40
2.16. ACCEPTANCE AND FINAL PAYMENT 40
2.17. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS 41
2.18. PRE -BID CONFERENCE AND SITE VISIT 41
2.19. CONTRACT ADMINISTRATOR 41
2.20. SUPERINTENDENCE AND SUPERVISION 41
2.21. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED 42
2.22. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS 42
2.23. WORKMANSHIP AND MATERIALS 42
2.24. MANUFACTURE'S INSTRUCTIONS 42
2.25. TIE BIDS 43
2.26. PERFORMANCE BOND 43
2.27. LIQUIDATED DAMAGES 44
2.28. USE OF PREMISES 44
2.29.DAMAGES TO PUBLIC/PRIVATE PROPERTY 44
2.30. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS 44
2.31. WARRANTY BY MANUFACTURER 44
2.32. WARRANTY, FITNESS FOR PURPOSE 44
2.33. WARRANTY OF PARTS 45
2.34. QUALITY AND MANUFACTURE 45
2.35. REFERENCES 46
2.36. CONTRACTOR TO BE REPRESENTED 46
2.37. SPECIFICATION EXCEPTIONS 46
2.38. PUBLIC CONVENIENCE AND SAFETY 46
2.39. SAFETY MEASURES 47
Page 9 of 52
Invitation for Bid (IFB) 371334,5
2.40. QUALITY OF WORK 47
2.41. TERMINATION 47
2.42. ADDITIONAL TERMS AND CONDITIONS 47
2.43. PRIMARY CLIENT (FIRST PRIORITY) 48
3. Specifications 49
3.1. SPECIFICATIONS/SCOPE OF WORK 49
Page 10 of 52
Invitation for Bid (IFB) 371334,5
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 altemate 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,
each party shall bear their own attorney's fees through and including appellate litigation and any post -judgment
Page 11 of 52
Invitation for Bid (IFB) 371334,5
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 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 Govermnental, 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 mariner 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.
Page 12 of 52
Invitation for Bid (IFB) 371334,5
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 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
Page 13 of 52
Invitation for Bid (IFB) 371334,5
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.
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.
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:
Page 14 of 52
Invitation for Bid (IFB) 371334,5
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but
not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective
staffs and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
oral communications with the City purchasing staff, provided the communication is limited strictly to matters of
process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do
not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral
presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting,
or public presentations made to the Miami City Commission during a duly noticed public meeting; or
communications in writing or by email at any time with any City employee, official or member of the City
Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section
2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the
performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall
be made available to any person upon request. The City shall respond in writing and file a copy with the Office of
the City Clerk, which shall be made available to any person upon request. Written communications may be in the
form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall
render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or
consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal
knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a
complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami
Code for further clarification.
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
Page 15 of 52
Invitation for Bid (IFB) 371334,5
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
providedas a result of this formal solicitation, and bidders/proposersagree to hold the City harmless from any and
all liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission
of Responses to the City, or any work performed in connection therewith shall be borne by the
B i dder(s)/Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual
Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the
Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes
listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than
three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for
award of city Contracts if there is probable cause for debarment, pending the debarment determination. The
authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued
by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or
destruction of records; receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits provided in a
Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below.
(7)
Found in violation of a zoning ordinance or any other city ordinance or regulation and for which
Page 16 of 52
Invitation for Bid (IFB) 371334,5
the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a
civil penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that
neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the
violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a
written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided
promptly to the Contractual Party, along with a notice of said parry's right to seek judicial relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida
debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public
entity, may not submit a response on a contract with a public entity for the construction or repair of a public building
or public work, may not submit response on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not
transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall
include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents,
and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the
Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to
remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall
result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the
effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time
required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree
specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely
completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an
assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful
Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated,
together with the cost of completing the work, shall be deducted from any monies due or which may become due on
Page 17 of 52
Invitation for Bid (IFB) 371334,5
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 Contractor 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
Page 18 of 52
Invitation for Bid (IFB) 371334,5
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates or conceals any material fact in the Response ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and
re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the
City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or
which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions
of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with
the City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing the
goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a
satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility,
personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as
used herein shall be construed to mean a fully equipped and well established entity in line with the best industry
practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications and
abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental
entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized
representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal
Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to
the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be
cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and
conditions of the resulting agreement it may lead to terminating negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by
the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in
the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for
rejection of bid/proposal.
Page 19 of 52
Invitation for Bid (IFB) 371334,5
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. 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.
1.39. 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.
1.40. 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.
1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or
entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of
individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the
Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards.
HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the
Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested
by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits.
Page 20 of 52
Invitation for Bid (IFB) 371334,5
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.
1.42 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. 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.
1.43. FORMATION 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.
1.44. 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.
1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not
be made available until such time as the City provides notice of a decision or intended decision or within 30 days
after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be famished upon request via
Page 21 of 52
Invitation for Bid (IFB) 371334,5
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.
1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall fumish
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.
1.47. 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).
1.48. 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.
1.49. 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.
1.50. 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
Page 22 of 52
Invitation for Bid (IFB) 371334,5
the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet
as appropriate.
1.51. 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.
1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with
specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other
appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with
specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes.
Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense.
These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in
bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the
defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from
the City of Miami's Supplier's list.
1.53. 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.
1.54. 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 constriction
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.
1.55. 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.
1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture
Page 23 of 52
Invitation for Bid (IFB) 371334,5
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".
1.57. 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.
1.58. 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.
1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment
Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract
price.
1.60. 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
Page 24 of 52
Invitation for Bid (IFB) 371334,5
OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE.
1.61. 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.
1.62. 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.
1.63. 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.
1.64. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the
percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and
agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City,
whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or
receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to
damage, the cash discount period shall commence on the date final approval for payment 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.
1.65. 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.
1.66. 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.
1.67. 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
Page 25 of 52
Invitation for Bid (IFB) 371334,5
287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
1.68. 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 shall additionally comply with the provisions of
Section 119.0701, Florida Statutes, entitled "Contracts; public records". 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.
1.69. 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.
1.70. 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.
1.71. 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.
1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall
have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue
of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City
Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies
based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by
a Contractual Party by submission of a protest to the City Manager.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly
render a written report stating the reasons for the action taken by the City Commission or the City Manager which
shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along
with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to
such judicial relief without first having followed the procedure set forth in this section.
1.73. 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
Page 26 of 52
Invitation for Bid (IFB) 371334,5
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, retum receipt requested. A notice of intent to file a protest is considered filed when
received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five
(5) days after the date the notice of protest was filed. A written protest is considered filed when received by the
Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning
points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation
or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the
required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no
facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement
Officer at the time of filing the protest shall be permitted in the consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed
by this section, the day of the act, event or default from which the designated period of time begins to run shall not
be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday
in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday.
Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of
the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer
shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said
decision to the City Commission within 30 days after he/she receives the 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.
Page 27 of 52
Invitation for Bid (IFB) 371334,5
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or
the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement
Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a
protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having
followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this
section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is
resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the
City Manager makes a written determination that the solicitation process or the Contract award must be continued
without delay in order to avoid an immediate and serious danger to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's
check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or
$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.
1.74. 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.
1.75. 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.
1.76. 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.
1.77. 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.
1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the
Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American
Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP,
Page 28 of 52
Invitation for Bid (IFB) 371334,5
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 retum address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response
Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed
non -responsive.
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE., TURN LEFT,
PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT
ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: US 1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR.
CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the
responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail
delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be
returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions
are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the time and
date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in
writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent
submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed
in a separate envelope, box, or package and each envelope, box or package must contain the information previously
stated in 1.82.A.
1.79. 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.
1.80. 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.
Page 29 of 52
Invitation for Bid (IFB) 371334,5
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.
1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a
Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or
defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and
acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law.
1.82. 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.
1.83. 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.
1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to
the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for
"trade secrets."
If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from
Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION,"
with your firm's name and the Solicitation number and title marked on the outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person.
By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the
City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attomey's fees incurred by
the City by reason of any legal action challenging your claim.
1.85. 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.
1.86. 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.
1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must
indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are
not stated on their Response, it will be assumed that the product fully complies with the City's specifications.
Page 30 of 52
Invitation for Bid (IFB) 371334,5
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for exhaust systems replacement at ten (10) Fire Stations,
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, October 24, 2013 at 5:00 PM. All responses to questions will be sent to all prospective
bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER
SAID DEADLINE.
2.3. METHOD OF AWARD
Award of this contract will be made to the lowest responsive and responsible bidder who bids on all items and
whose bid offers the lowest price when all items are added in the aggregate. Failure to bid on all items shall deem
your bid non -responsive.
2.4. PROGRESS PAYMENTS
1. Contractor may make Application for Payment for Work completed at each Project Site during the Project at
intervals of not more than once a month. Separate Applications for Payment must be submitted for each Project Site.
Contractor's Application for payment shall show a complete breakdown of the Project Site's components, the
quantities completed and the amount due, together with such supporting evidence as may be required by Consultant
shall include, but is not limited to, an updated progress schedule acceptable to. the Project Manager and a partial
release of liens or consent of Surety relative to the Work, which is the subject of the Application and any other
information required by the Project Manager. Each Application for Payment shall be submitted in triplicate to the
Project Manager for approval. City shall make payment to Contractor within thirty (30) days after receipt of an
acceptable Contractor's Application for Payment and submission of an acceptable updated progress schedule.
For any payment issuance the Contractor shall submit the following items:
a. payment invoice on company letterhead;
b. copy of purchase order;
c. the original permit card for each Fire Station with approved inspector's signature;
d. the authorized permit fee receipt issued by the Building Depaitalent;
e. the original permit set;
f. each station permit package shall be in a binder.
2. Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Completion and
acceptance of all Project Sites by City.
Page 31 of 52
Invitation for Bid (IFB) 371334,5
2.5. RETAINAGE
All progress payments shall be subject to a ten percent (10%) retainage. For projects whose completion time is more
than six (6) months, there shall be retained ten percent (10%), until the work reaches fifty percent (50%) completion.
When fifty percent (50%) of the work is complete and in place (not including stored materials), the contractor may
submit a written request to the project manager that no additional retainage be withheld for the remaining work. The
project manager may approve this request; provided however, the work has proceeded to the satisfaction of the
project manager. At any time, if in the director's sole opinion the contractor is failing to prosecute the work in
accordance with the contract documents, the director may reinstate the full ten percent (10%) retainage. Retainage
may be increased for deficiencies including, but not limited to, schedule slippage, delinquent submittals, or defective
work. The director shall retain an amount that the City considers adequate protection of the City and may release all
or a portion of any excess amount. All remaining retainage shall be requested in the final payment after final
acceptance of the work by the City.
2.6. BIDDER'S MINIMUM QUALIFICATIONS
The following represent the minimum qualification requirements for a Bidder to be deemed responsive by the City,
and Bidders shall satisfy each of the following minimum requirements cited below. Each of these minimum
qualifications must be addressed in detail in Bid submission to determine Bidder's responsiveness. Failure to meet
each of the following qualification requirements, and/or failure to provide sufficient detail and/or documentation in
its Bid to determine responsiveness by the City, will result in the Bid being deemed non -responsive.
A. Bidder shall have been providing the services as described in this IFB for a minimum of five (5) years as
evidenced by their date of incorporation, have sufficient financial support, equipment and organization to insure that
it can satisfactorily execute the services if awarded a Contract under the terms and conditions herein stated. As proof
of compliance with this requirement, a minimum of three (3) Client References shall be provided with the response
submittal.
The City reserves the right to verify and/or visit these Client References as part of the evaluation and shall use the
same as a disqualifier conceming the work to be performed under this Invitation for Bid (IFB) should the Client
References reveal poor performance.
B. Receipt of Past Performance Evaluation Questionnaires from each of the three (3) Client References identified in
the Attributes portion of the Header Section of this IFB.
C. Bidder shall have no record of judgments, bankruptcies, pending lawsuits against the City or criminal activities
involving moral turpitude, and not have any conflicts of interest that have not been waived by the City Commission.
D. Neither Bidder nor any principal, officer, or stockholder of Bidder shall be in arrears or in default of any debt or
contract. involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any
previous contract with the City.
E. Bidder and/or Bidder's Subcontractor(s) must provide proof that they have furnished and installed Air Cleaning
Devices ("ACD's")within the last five years which have successful operation in at least five (5) existing fire
stations.
F. All bidders, as well as any Subcontractors used, must hold and submit with their bid response (and maintain
throughout the duration of the contract) a valid State of Florida General Contractor's License or a Miami -Dade
County issued Certificate of Competency for Electrical and/or General Mechanical. Failure to submit proof may
deem your bid response non -responsive.
Page 32 of 52
Invitation for Bid (IFB) 371334,5
G. Bidder and/or Bidder's Subcontractor(s) shall demonstrate five (5) years experience in the field of
electrical/HVAC controls to include wiring and programming of vehicle exhaust systems coordinated with new
exhausts fans and CO2 sensors (per the scope of work).
2.7. CERTIFICATE OF COMPETENCY
Any person, firm, corporation or joint venture who offers a bid, at the time of such bid, shall hold a valid Certificate
of Competency or License for Electrician/General Mechanical issued by the State or County Examining Board
qualifying said person, firm, corporation or joint venture to perform the work proposed. If any or all work required
in conjunction with this bid is performed by a subcontractor(s), an applicable Certificate of Competency issued to
the subcontractor(s) shall be submitted with the Bidder's proposal. A copy of the certificate must be submitted with
the bid proposal. Failure to submit this document may render this bid non -responsive; provided, however that the
City may at its sole option, allow the Bidder to supply the Certificate to the City within seven (7) calendar days from
the date of the bid opening.
2.8. 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.
2.9. EQUAL PRODUCT
Manufacturer's name, brand name and modellstyle number when used in these specifications are for the sole
purpose of establishing minimum requirements of levels of quality, standards of performance and design required
and is in no way intended to prohibit the bidding of other manufacturer's brands of equal material, unless otherwise
indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of
performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be
accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit
bid as equal. Failure to do so at time of bid may deem your bid non -responsive.
2.10. INSURANCE REQUIREMENTS
INDEMNIFICATION
Bidder shall pay on behalf of, indemnify and save the City of Miami and its officials harmless, from and against any
and all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the
provisions of the contract, including all acts or omissions to act on the part of bidder, including any person
performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes
of such action are not attributable to the negligence or misconduct of the City and, from and against any orders,
judgments or decrees which may be entered and which may result from this Contract, unless attributable to the
negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities
incurred in the defense of any such claim, or the investigation thereof.
The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor, Miami,
Page 33 of 52
Invitation for Bid (IFB) 371334,5
Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the
requirements as outlined below:
I. Garage Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence
General Aggregate Limit
Products/Completed Operations
Non Owned Autos
$1,000,000
$2,000,000
$1,000,000
$1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
Primary insurance clause
II. 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
1II. Garage Keepers Legal Liability
A. Limits of Liability $ 100,000
Coverage written on a Legal Liability Basis, Primary
B. Deductibles- $2,500 maximum
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the bidder.
The above policies shall provide the City of Miami with written notice of cancellation or material changes in
accordance to policy provisions.
Companies authorized to do business in the State of Florida with the following qualifications, shall issue all
insurance Policies required above:
Page 34 of 52
Invitation for Bid (IFB) 371334,5
The company must be rated no loss than "A-" as to Management, and no less than "Class V" as to Financial
Strength by the latest edition of Best 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.
2.11. FEDERAL REQUIREMENTS
Article V - Financial Guidelines
The grantee ("MFRD") and any sub -grantee ("CONTRACTOR or its SUBCONTRACTORS") shall comply with the
most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive
list of regulations commonly applicable to FEMA grants are listed below. Copies of below requirements are
available at the request of Contractor:
A. Administrative Requirements
1.44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments
2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations (OMB Circular A-110)
B. Cost Principles
1. 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87)
2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21)
3. 2 CFR Part 230, Cost Principles for Nonprofit Organizations (OMB Circular A-122)
4. Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with
Commercial Organizations
C. Audit Requirements
1. OMB Circular A-133, Audits of States, Local Governments, and Nonprofit Organizations
Article VI - Prohibition on Using Federal Funds
Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal; modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of FEMA.
Article VII - GPD Allocations
The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2011
Assistance to Firefighters Grant Program guidance and application kit.
Assurances and Certifications
FEMA Form SF 424B
O.M.B Control Number 4040-0007
Assurances Non -Construction Programs
Note: Certain of these assurances may not be applicable to your project or program. If you have any questions,
please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to
additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant I certify that the applicant:
Page 35 of 52
Invitation for Bid (IFB) 371334,5
1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and
completion of the project described in this application.
2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State,
through any authorized representative, access to and the right to examine all records, books, papers, or documents
related to the award; and will establish a proper accounting system in accordance with generally accepted
accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovemmental Personnel Act of 1970 (42 U.S.C. Section 4728-4763) relating to
prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations
specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart
F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title
VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or
national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age
Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101-6107), which prohibits discrimination on the
basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the
Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other
nondiscrimination statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Title II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable
treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs.
These requirements apply to all interest in real property acquired for project purposes regardless of Federal
participation in purchases.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which limit
the political activities of employees whose principal employment activities are funded in whole or in part with
Federal funds.
9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the
Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40
U.S.C. §§327-333), regarding labor standards for federally -assisted construction sub agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or
more.
Page 36 of 52
Invitation for Bid (IFB) 371334,5
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and,
(h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. Section 1271 et seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development,
and related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.)
pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by this award of assistance.
16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. Section 4801 et seq.) which
prohibits the use of lead based paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act
Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit
Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies
governing this program.
FEMA Form 20-16C
Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters and Drug -Free
Workplace Requirements.
O.M.B Control Number 1660-0025
1. Lobbying
A. As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons
(entering) into a grant or cooperative agreement over $100,000, as defined at 44CFR Part 18, the applicant certifies
that:
(a) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of congress, or an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement and extension, continuation, renewal amendment or
modification of any Federal grant or cooperative agreement.
(b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities", in accordance
Page 37 of 52
Invitation for Bid (IFB) 371334,5
with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all
the sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements and sub
contract(s)) and that all sub recipients shall certify and disclose accordingly.
2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient)
A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67, for
prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510-A, the
applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of
Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal
department or agency.
(b) Have not within a three-year period preceding this application been convicted of or had a civilian judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain or perform a public (Federal, State, or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property.
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State,
or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification: and
(d) Have not within a three-year period preceding this application had one or more public transactions (Federal,
State, or local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this application.
3. Drug -Free Workplace (Grantees other than individuals)
As required by the Drug -Free Workplace Act of 1988, and implemented at 44CFR Part 17, Subpart F, for grantees,
as defined at 44 CFR part 17, Sections 17.615 and 17.620:
(A) The applicant certifies that it will continue to provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken
against employees for violation of such prohibition;
(b) Establishing an on -going drug free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantees policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of
the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the
grant, the employee will:
(1) Abide by the terms of the statement and
(2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the
workplace no later than five calendar days after such conviction.
(e) Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph (d)(2) from.
Page 38 of 52
Invitation for Bid (IFB) 371334,5
an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees, must
provide notice, including position title, to the applicable DHS awarding office, i.e. regional office or DHS office.
(f) Taking one of the following actions, against such an employee, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with
the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by Federal, State, or local health, law enforcement or other appropriate agency.
(g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs
(a), (b), (c), (d), (e), and (f).
2.12. LICENSES, PERMITS AND FEES
Pursuant to the Public Bid Disclosure Act, each license, permit or fee REQUIRED BY THE CITY AND PAYABLE
TO THE CITY by virtue of this construction as part of the bid is waived as follows:
"City of Miami Master Permit Fee and applicable Major Trade Permit fees (i.e. Mech,, Plumbing, Elec., & Fire) are
waived. Any other permit fees not directly related to the actual construction of the project (i.e. Permits for
dumpsters, job trailers) are not waived"..."Licenses, permits and fees which may be required by Miami -Dade
County, the State of Florida, or other governmental entities are not waivable."
LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY MIAMI-DADE COUNTY THE STATE
OF FLORIDA, OR OTHER GOVERNMENTAL ENTITIES ARE NOT INCLUDED IN THE ABOVE LIST.
2.13. COMPLETION TIME
Work will commence within 30 calendar days upon receipt of Purchase Order and shall be completed within 180
calendar days of commencement or be subject to liquidated damages.
1. Contractor shall be issued a Notice of Award by the Project Manager. Contractor shall commence scheduling
activities, permit applications and other preconstruction work within five (5) calendar days after receipt of the
Notice of Award. The Purchase Order and Notice to Proceed will not be issued until Contractor's submission to the
City of Miami Purchasing Department all required documents (including but not limited to: Payment and
Performance Bonds, and Insurance Certificates).
2. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with
the specifications, submittal schedule and schedule of values is a condition precedent to the issuance of the Notice to
Proceed to mobilize on the Project site and commence with physical construction of the work. The Contractor shall
submit all necessary documents required by this provision within forty-five (45) calendar days of the issuance of the
Notice of Award.
3. Time is of the essence. Project Work shall be performed concurrently. The Work and Project Closeout shall be
completed within one -hundred and eighty (180) calendar days from the issuance of the Notice to Proceed, ready for
final payment.
2.14. COMPLETED WORK
The City shall be notified by the Contractor upon completion of work. The City shall inspect and approve
Page 39 of 52
Invitation for Bid (IFB) 371334,5
completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Contractor at
no additional charge to the City.
2.15. TESTING SUBMITTALS
Schedule of Tests and Inspections: This shall include the following:
1. Description of test and inspection.
2. Identification of test and inspection methods.
3. Number of tests and inspections required. Costs for retesting and reinspecting construction that replaces or is
necessitated by work that failed to comply with the Contract Documents will be charged to Contractor.
4. Time schedule or time span for tests and inspections.
Reports: Prepare and submit certified written reports that include the following:
1. Date of issue.
2. Project title.
3. Name, address, and telephone number of testing agency.
4. Dates and locations of samples and tests or inspections.
5. Names of individuals making tests and inspections.
6. Description of the Work and test and inspection method.
7. Complete test or inspection data.
8. Test and inspection results and an interpretation of test results.
9. Comments or professional opinion on whether tested or inspected Work complies with the Bid Document
requirements.
10. Name and signature of inspector.
2.16. ACCEPTANCE AND FINAL PAYMENT
1: Upon receipt of -written notice from Contractor that the Work at all Project Sites are ready for final inspection and
acceptance, Consultant shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Project
Manager find the Work acceptable, the requisite documents have been submitted and the requirements of the Bid
Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final
Certificate for Payment shall be issued by the Project Manager, over its signature, stating that the requirements of
the Bid Documents have been performed and the Work is ready for acceptance under the terms and conditions
thereof.
2. Before issuance of the Final Certificate for Payment, Contractor shall deliver to the Project Manager a complete
release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers
and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid,
and a consent of the surety to final payment; the final corrected as -built drawings; and the final bill of materials, if
required, and invoice. Contractor shall deliver the written Contractor's and all Manufacturer's warranties prior to
issuance of the Final Certificate for Payment.
3. If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault
of Contractor, and the Project Manager so certifies, City shall, upon certificate from the Project Manager, make
payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made
Page 40 of 52
Invitation for Bid (IFB) 371334,5
under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.
2.17. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS
Although this Solicitation identifies specific facilities/items/products to be serviced, it is hereby agreed and
understood that any facility/item/products may be added/deleted to/from this contract at the option of the City.
When an addition to the contract is required, the successful bidder(s) under this contract shall be invited to submit
price quotes for these new services/items/products. If these quotes are comparable with market prices offered for
similar services/items/products, they shall be added to the contract whichever is in the best interest of the City and
an addendum and a separate purchase order shall be issued by the City.
2.18. PRE -BID CONFERENCE AND SITE VISIT
A Voluntary pre -bid conference and site visit will be held on Wednesday, October 23, 2013 at 10:00 AM, at Fire
Station No. 1, 144 N.E. 5th St. Miami. Visits to the other nine (9) Fire Stations will follow immediately thereafter..
During conference/site visits all work will be discussed and all questions answered. During this conference/site
visits, all potential bidders will have an opportunity to inspect the facility and familiarize themselves further with the
nature of the work. All questions and answers adversely affecting the scope of work/specifications of the bid will be
included in an addendum and sent immediately following the conference/site visits to all the attendees.
2.19. CONTRACT ADMINISTRATOR
Upon award, contractor shall report and work directly with Capt. Gary Perkins, who shall be designated as the
Contract Administrator.
2.20. SUPERINTENDENCE AND SUPERVISION
1. The successful bidder shall employ a competent supervisor, at no additional cost to the City, who shall be in
charge of each project (except emergencies) and monitor the quality of the work and performance of Bidder
personnel during the progress of the project. The supervisor shall be the primary representative for the Bidder and all
communications given to and all decisions made by the supervisor shall be binding to the Bidder. Notwithstanding,
the supervisor shall be considered to be, at all times, an employee of the Bidder under its sole direction and not an
employee or agent of City of Miami.
2. The orders of the City are to be given through the Project Manager, which instructions are to be strictly and
promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent
English speaking supervisor and any necessary assistants, all satisfactory to the Project Manager. The supervisor
shall not be changed except with the written consent of the Project Manager, unless the supervisor proves to be
unsatisfactory to Contractor and ceases to be in its employ. The supervisor shall represent Contractor and all
directions given to the supervisor shall be as binding as if given to Contractor and will be confirmed in writing by
the Project Manager upon the written request of Contractor. Contractor shall give efficient supervision to the Work,
using its best skill and attention. The City shall be provided telephone number(s) for the supervisor where the
supervisor can be contacted during normal working hours as well as after hours for emergencies.
3. Daily, Contractor's supervisor shall record, at a minimum, the following information in a bound log: the day; date;
weather conditions and how any weather condition affected progress of the Work; time of commencement of work
Page 41 of 52
Invitation for Bid (IFB) 371334,5
for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site;
visitors to the Project site, including representatives of the Consultant, regulatory representatives; any special or
unusual conditions or occurrences encountered; and the time of termination of work for the day. All information
shall be recorded in the daily log in indelible ink. The daily log shall be kept on the Project site and shall be
available at all times for inspection and copying by City and Consultant.
2.21. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED
As part of its Bid, the Bidder is required to identify any and all Subcontractors that will be used in the performance
of the proposed contract, their capabilities, experience, minority designation, as defined in Ordinance 10062 and the
portion of the work to be done by the Subcontractor. Failure to identify any and all subcontractors in the Bid shall
render the Bid non -responsive; unless, the low bidder submits this documentation to the City within five (5) working
days after the bid opening.
The Contractor shall not, at any time during the tenure of the contract, subcontract any part of his operations or
assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their Bid, except under and
by virtue of permission granted by the City through the proper officials.
Nothing contained in this specifications shall be construed as establishing any contractual relationship between any
subcontractor and the City.
The contractor shall be fully responsible to the City for the acts and omissions of the subcontractor and their
employees, as for acts and omissions of persons employed by contractor.
2.22. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS
Bidder must list any or all subcontractor(s) that may be utilized to assist in the performance of the work specificied
herein. Any subcontractor(s) listed must meet the same requirements and submit the same information listed under
the Bidder's Minimum Qualifications section. All information required shall be included in the solicitation
response. If bidder does not include any subcontractor(s) as part of its bid submittal, it will be construed that bidder
will be able to handle the entire workload by itself and will not be allowed to subcontract any of the work unless it
request in writing the hiring of subcontractor(s) with the aforementioned requirements attached to its request within
seventy two (72) hours of considering hiring subcontractor(s). The City will grant or deny such request in writing
within forty-eight (48) hours of receiving said request.
2.23. WORKMANSHIP AND MATERIALS
All parts installed and materials used in performance of this contract shall be new and unused (of current design or
manufacture). Salvage materials will not be allowed without the express consent of the City. All materials and
workmanship shall be of the highest quality and shall conform to all applicable Building Codes, so as to ensure safe
and functional operation. The City shall be the sole judge as to parts and workmanship.
2.24. MANUFACTURE'S INSTRUCTIONS
The Contractor shall:
1. Comply with manufacturer's requirements for the handling, delivery and storage of all materials. Where required
Page 42 of 52
Invitation for Bid (IFB) 371334,5
by the Contract Documents, Contractor shall submit manufacturer's printed instructions for delivery, storage,
assembly, and installation.
2. Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to
the extent that these instructions and recommendations are more explicit or more stringent than requirements
indicated in the Bid Documents. Inspect each item of material or equipment immediately prior to installation and
reject damaged and defective items.
3. Recheck measurements and dimensions of the Work, as an integral step in starting each portion of the Work.
4. Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the necessity of
uncovering Work for that purpose.
2.25. TIE BIDS
Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for
the procurement of commodities or contractual services, a Bid received from a business that certifies that is has
implemented a drug -free workplace program shall be given preference in the award process. Established procedures
for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to
have a drug -free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against
employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a
drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of
the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and
will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or
of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later
than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program, if such is available in the employee's community, by any employee who is so convicted.
(6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section.
2.26. PERFORMANCE BOND
Within ten (10) working days following notice of award by the City, the successful bidder shall furnish to the City
of Miami, a Performance Bond in the total amount of the Cost to the City for the period of the contract (to be
determined at the time of award). The Performance Bond can be in the form of a Cashier's Check, made payable to
the City of Miami; a bond written by a surety company authorized to do business in the State of Florida and shall
comply with State Statute 287.0935; or an Irrevocable Letter of Credit. If the latter is chosen, it must be written on a
bank located in Miami -Dade County, be in the amount of the contract and should clearly and expressly state that it
Page 43 of 52
Invitation for Bid (IFB) 371334,5
cannot be revoked until express written approval has been given by the City of Miami. The City, to draw on same,
would merely have to give written notice to the bank with a copy to the successful contractor.
2.27. LIQUIDATED DAMAGES
Upon failure to complete the project in accordance with the specifications and to the satisfaction of the City within
the time stated, the bidder shall be subject to assessment of liquidated damages in the amount of $150.00 for each
and every calendar day the work remains incomplete (not to exceed the total amount of the contract), as
compensation due to the City for loss of use and for additional costs incurred by the City due to such noncompletion
of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may
become due to the bidder under this agreement or to invoice the bidder for such damages if the costs incurred exceed
the amount due to the bidder.
2.28. 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.
2.29. 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).
2.30. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS
The Bidder hereby acknowledges and agrees that all materials/products, except where recycled content is
specifically requested, supplied by the Bidder in conjunction with this Bid shall be new, warranted for their
merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to the City by
the Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the
order and return such materials/products to the Bidder to replace the materials/products at the Bidder's expense.
2.31. WARRANTY BY MANUFACTURER
A copy of the manufacturer's standard warranty must be submitted with bids. Failure to comply with this provision
may disqualify bids.
2.32. WARRANTY, FITNESS FOR PURPOSE
Page 44 of 52
Invitation for Bid (IFB) 371334,5
The vendor warrants the materials supplied and the work performed under this contract conform to warranty
materials provided and work performed for five (5) years from date of completion.
In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and/or
service against faulty labor and/or defective material for a minimum period of five (5) years after the date of
acceptance of the labor, materials and/or equipment by the City. this warranty requirement shall remain in force for
the full five (5) years period; regardless of whether the bidder is under contract with the City at the time of any
defect. Any payment by the City on behalf of the goods or services received from the bidder does not constitute a
waiver of these warranty provisions.
The bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5)
calendar days after the City notifies the bidder of such deficiency in writing. If the bidder fails to honor the warranty
and/or fails to correct or replace the defective work or items within the period specified, the City may, at its
discretion, notify the bidder, in writing, that the bidder may be debarred as a City bidder and/or subject to
contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten (10)
calendar days of receipt of the notice. If the bidder fails to satisfy the warranty within the period specified in the
notice, the City may (a) place the bidder in defaults of its contract, and/or (b) procure the products or services from
another vendor and charge the bidder for any additional costs that are incurred by the City for this work or items;
either through a credit memorandum or through invoicing.
2.33. WARRANTY OF PARTS
Vendor warrants the parts to be free from defects in material and workmanship. The vendor's obligation is limited
to finishing, on an exchange basis, replacements for parts which have been promptly reported by the City as having
been defective.
2.34. QUALITY AND MANUFACTURE
The apparent silences of these specifications as to any details or the apparent omission from it of a detailed
description concerning any point, shall be regarded as meaning that only materials and workmanship of first quality
are to be used. All interpretations of these specifications shall be made upon the basis of this statement.
Specifications, brands and manufacturers' names, where given, are to establish product type and quality required.
Any equal thereto will be considered, subject to the approval of the City of Miami. Bidders shall indicate on the Bid
Sheets, the manufacturer, brand and model or style number they intend to supply to the City, for each item bid. All
materials shall be new, of current manufacture, and shall carry standard warranties. No substitutions shall be
allowed after the bid is awarded unless so authorized by the City.
The City reserves the right to perform its own testing procedures or to send any and all samples to any certifiable
laboratory for analysis. Any and all costs for testing shall be borne by bidder. On the basis of this testing and
analysis, the City shall be sole judge of the acceptability of the sample in conjunction with the bid specifications and
it's decision shall be final. Any sample submitted shall create an express warranty that the whole of the goods
and/or services to be provided by the bidder during the contract period shall conform to the sample submitted. The
bidder shall be required to provide adequate restitution to the City, in the manner prescribed by the City, if this
warranty is violated during the term of the contract.
Page 45 of 52
Invitation for Bid (IFB) 371334,5
2.35. REFERENCES
Bidder shall submit the required information for three (3) Client References as outlined in the Attributes portion of
the Header section of this IFB. The Past Performance Evaluation Questionnaire attached to the Header section of
this IFB shall be required from each of these same three (3) Client References identified in the above mentioned
Attributes -- FAILURE TO PROVIDE THE COMPLETED PAST PERFORMANCE EVALUATION FORM
BEFORE AND/OR AT THE TIME OF BID SUBMITTAL MAY DEEM BIDDER NON -RESPONSIVE.
2.36. CONTRACTOR TO BE REPRESENTED
The contractor at all times must either be personally present at the worksite or be represented at the worksite by a
responsible agent or agents designated by the contractor in written notice to the City prior to the beginning of work.
Such notification shall include pertinent data such as addresses, phone numbers, etc., where said agent or agents may
be contacted at any time of the day or night. The agent or agents shall be clothed with full authority to act for the
contractor in all cases, and to carry out any instructions relative to the work may be given by the City.
2.37. SPECIFICATION EXCEPTIONS
Specifications are based on the most current literature available. Bidder shall notify the City of Miami Purchasing
Department, in writing, no less than ten (10) days prior to solicitation closing date of any change in the
manufacturers' specifications which conflict with the specifications. For hard copy bid submittals, bidders must
explain any deviation from the specifications in writing as a footnote on the applicable specification page and
enclose a copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. For
electronic bid submittals, bidders must explain in the Header Section or by an Attachment and, if applicable, enclose
a scanned copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission.
Additionally, bidders must indicate any options requiring the addition of other options, as well as those which are
included as a part of another option. Failure of bidders to comply with these provisions will result in bidders being
held responsible for all costs required to bring the item(s) in compliance with contract specifications.
2.38. PUBLIC CONVENIENCE AND SAFETY
The contractor shall conduct his work so as to interfere as little as possible with private business or public travel.
He shall, at his own expense, whenever necessary or required, maintain barricades, maintain lights, and take such
other precautions as may be necessary to protect life and property, and he shall be liable for all damages occasioned
in any way by his actions or neglect or that of his agents or employees.
The contractor shall meet the following noise abatement performance standards for all construction equipment:
Between the hours of 7:00 A.M. and 6:00 P.M. noise levels shall not exceed 80 dBA at the nearest residential or
commercial property line.
Operation of equipment should be avoided between the hours of 6:00 P.M. and 7:00 A.M., but if required, the noise
level shall not exceed 65 dBA.
Page 46 of 52
Invitation for Bid (IFB) 371334,5
2.39. SAFETY MEASURES
Contractor shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at
all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against
hazards created by his/her operation and work in progress must be posted.
All employees of contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing
protection when and wherever applicable. The contractor shall use only equipment that is fully operational and in
safe operating order. Contractor shall be especially careful when servicing property when pedestrians and/or
vehicles are in close proximity - work shall cease until it is safe to proceed.
2.40. QUALITY OF WORK
All work shall be performed using superior maintenance standards and techniques. The frequencies established for
repetitive maintenance tasks are minimum frequencies, which must be increased if deemed necessary and requested
by the City.
2.41. TERMINATION
A. FOR DEFAULT
If Contractor defaults in its performance under this Contract and does not cure the default within 30 days after
written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice
without penalty to the City of Miami. In such event the Contractor shall be liable for damages including the excess
cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor
was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or
negligence, the termination will be deemed to be a termination for the convenience of the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in
the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so
terminated for the convenience by the City of Miami the Contractor will be compensated in accordance with an
agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami
shall be liable only for payment in accordance with the payment provisions of the Contract for those services
rendered prior to termination.
2.42. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included as part of your 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
Conditions 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. If
Page 47 of 52
Invitation for Bid (IFB) 371334,5
a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as
part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the
terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be
considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to
this PSA or Agreement.
2.43. PRIMARY CLIENT (FIRST PRIORITY)
The successful bidder(s)/proposer(s) agree upon award of this contract that the City of Miami shall be its primary
client and shall be serviced first during a schedule conflict arising between this contract and any other contract
successful bidder(s)/proposer(s) may have with any other cities and/or counties to perform similar services as a
result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency
impacting various areas during or approximately the same time.
Page 48 of 52
Invitation for Bid (IFB) 371334,5
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
The City of Miami Fire -Rescue Department (MFRD) is soliciting lump sum, "turnkey" bids for the furnishing and
installation of vehicle exhaust removal systems at ten (10) Fire Stations. Contractor shall provide all labor, parts,
materials, equipment, services and incidentals necessary, including any costs associated with permits, sealed
drawings, inspections and certifications required, including all permit processing, calculations, electrical and
mechanical drawings. The system shall be designed to meet and or exceed all National Fire Protection Association
(NFPA 91), National Institute for Occupational Safety and Health (NIOSH), American Society of Heating,
Refrigerating and Air -Conditioning Engineers (ASHRAE) and Occupational Safety and Health Administration
(OSHA) Standards, including all federal, state and local codes. This project will be a "turnkey "operation, and the
MFRD will not provide any technical or mechanical advice conceming this project.
A. THE FOLLOWING ARE MINIMUM STANDARDS FOR EACH VEHICLE EXHAUST REMOVAL
SYSTEM:
1. Air Cleaner Device (ACD's) — The ACD's shall be UL listed and be able to produce a minimum airflow through
the unit of 2000 cubic feet per minute (cfm) with clean filters that are specified in the specifications herein.
Acceptable Manufacturers include the following: Airflow Systems Inc — Safe Air Corp, Airhawk — MagneGrip
Group or approved equal.
2. Air Exchange Rate (AER) — The air exchange rate (AER) for the apparatus bay area shall be no less than one air
change every 10 minutes. The minimum standard must be calculated on the full area (L x W x H) of the apparatus
bay. This means the full height of the area from finished floor to ceiling and the full width / length of area from wall
to wall. The 10 minute AER shall be provided by the air cleaners alone and can not include any other exhaust fans,
HVAC system air make up or exhaust volume. The total air change rate for the ACDs and the general exhaust fans
(GEFs) shall be a 5 minute AER/12 air changes an hour and the system must run for a minimum of 15 minutes on
each start up and return to station. The system must also run both the ACDs and the GEFs for as long as the vehicle
is running in the apparatus bays without interruption. Contractor shall engineer the AER air changes to bring their
air quality within/exceed the standards of NIOSH, ASHRAE and OSHA.
3. Air Cleaner Device Construction — The ACD's shall be manufactured for long life as an industrial quality product
that is a minimum of 16 gauge welded zinc coated steel cabinet finished with two coats of two part chemical and oil
resistant paint.
4. Filter Access and Holders — The ACD's filter/blower access shall be designed to allow accessibility for
maintenance personnel. The filter shall be retained by a filter track that will not allow for air to
bypass filter elements that are under pressure from particulate accumulation as the filter becomes dirty. Filter tracks
must have track and seal design to meet the maximum pressure drop of all filters when dirty as per filter
manufacturer specifications for recommended final pressure drop in inches water gauge.
5. Filtration System — The filtration system must be capable of removing hydrocarbons, CO/other gases and bringing
the air quality within/exceeding the standards of NIOSH, ASHRAE and OSHA. The filters listed below are the
minimum type, quality and efficiency that will be allowed in all air cleaning devices offered. Contractor shall
provide MFRD with all manufacturers of filters used in the system with make, model, technical data, and test reports
for following:
a. Pre -Filter - shall be the first filter that addresses the incoming airflow with a MERV-11 rating.
b. Primary Filter - shall be a second filter that addresses the incoming airflow with a MERV-16 rating.
c. Gas/Odor Absorption Filter - shall be the third filter that addresses the incoming airflow designed for adsorption
of diesel exhaust gases and odors, i.e. Nitro Dioxide, Sulfur Dioxide and Benzene in their gas phase.
Page 49 of 52
Invitation for Bid (IFB) 371334,5
6. Dirty Filter Alarm - The ACD's shall be equipped with a pressure differential switch that activates an LED
indicator light that can be viewed from floor mounted in the ACD's and on the Central Ventilation Controller (CVC)
outlined below. This switch shall be hard wired to the control box and indicate when a filter needs to be changed due
to a dirty filter condition based on total pressure drop across the unit. The Alarm shall be able to notify station when
change is required and send an electronic notification via network computer.
7. ACD Air Handling Blower — the ACD's airflow blower shall be capable of producing a minimum of 2000 cfm at
1.58" water gauge (wg) with clean filters and maintain the air flow volume until 2.5" wg with dirty filter load is
achieved. The Blower shall be direct drive one (1) horse power and be upgradable to a higher output blower to
handle higher static pressures (5"wg) or airflows volumes to (2500 cfm) if one wishes to upgrade to HVAC option.
8. ACD Electrical Supply and Controls — The ACD's shall have electrical supply voltage of 208V or 240V
depending on the system voltage available (HP specified on permitted plans for each station), and have a Tag Out /
Lock Out switch to turn off and kill power to the ACD's unit. The ACD's shall be controlled with an auto start
control box that starts all the air cleaner devices. The control box shall have a motor starter with overload protection
that starts the system. The electrical system for the ACD's shall interface with a carbon monoxide detection system.
The ACD's system and the carbon monoxide system must work together to start both the blowers of the air cleaner
devices and the central exhaust fans per below sequence. Sequence for system start shall be as follows: when
overhead door opens, GEFs shall turn on to high speed, when overhead door closes, the GEFs shall remain on but
speed shall be reduced to low speed and ACD shall be turned on. One/Both types of units shall remain on until air
quality of the bay returns to NIOSH, ASHRAE and OSHA standards. Contractor shall engineer the units to be able
to determine the length of time units shall be on/off.
Controls Sequence Of Operation:
Condition
Doors Closed CO/NO2 < 10 ppm
Doors Open or Closed CO/NO2 10-24 ppm
Doors Open or Closed CO/NO2 > 25 ppm
Doors Open (First 20 min.)
"Doors Closed (First 20 min.)"
9. Central Ventilation Controller (CVC) - The purpose of the Central Ventilation controller is to control up to two
different sets of blowers (blowers/filters) for the purpose of maintaining the highest air quality in the firehouses.
a. Components - The control unit shall consist of a key -lockable weather tight control enclosure which houses a
24VAC control transformer, microprocessor based circuit board, a backup battery and miscellaneous fuses,
terminals, etc. located on the outside of the enclosure shall be a self-adhesive membrane keypad/indicator overlay
with all indicators and buttons, a stack Iight/alarm with yellow and red indicators and a 94db alarm horn. The
control box will maintain U1506A approval and have a UUETI Seal.
b. Functionality - The system shall have the ability to monitor/control multiple system blowers and alarming
functions. There shall also be an LED on the circuit board indicating when the blower is running.
10. General Exhaust Fans (GEFS); Greenheck or equivalent
a. A minimum of 2 GEFs shall be installed at each station when space permits. The function of the GEFs shall be to
draw exhaust gases out of the building, as detected by CO/NO2 sensors and /or when the overhead doors are
activated. When a "low level" or "danger level" of exhaust gases is detected, the blowers will activate and continue
Page 50 of 52
Invitation for Bid (IFB) 371334,5
to run for an adjustable number of minutes after the signal is removed.
b. There shall also be an LED indicator on the circuit board to signal when the blower is running.
c. Operators on the control for GEFs will include a button which toggles through OFF/AUTO/ON and an indicator
which indicates the blower is running.
11. Gas Monitoring (CO) (NO2) — Separate gas monitoring devices shall be hardwired into the circuit board for the
purpose of activating both the GEFs and AGDs. When CO/NO2 Monitor meters over ten parts per million and/or
during overhead door activation, the GEF shall switch to high speed.
12. Fire/Smoke detection — N/A.
13. Installation of System — The installation and mounting of the system must be in accordance with all mechanical,
electrical and building codes. Units shall be suspended from ceiling, above areas of activity. The hanging of ACD
units shall not interfere with fire equipment, sprinklers, garage doors, or HVAC systems.
14. Testing - The ACD's shall be tested by a City approved third party air balancing consultant contracted by the
contractor to ensure the units provided by Contractor operate within the proposed specifications and meet all air
quality standards of NFPA 91, NIOSH, ASHRAE and OSHA. The summary of the tests shall be submitted to
MFRD by the Contractor and any failures reported shall be corrected by Contractor at no additional cost to MFRD,
to include re -testing.
15. Maintenance Service — Contractor to provide maintenance plan to be performed quarterly for one year. Service
shall include preventative tasks plus tasks which may require major disassembly, overhauling and reassembly. As
part of the quarterly maintenance, Contractor shall replace filters for one year at no additional cost to MFRD.
16. Notification of non -working product: Contractor within 24 hours, after notification of non -working equipment
shall respond to the site and immediately correct any/all deficiencies, thereafter report to MFRD with a status.
17. Contractors are required to be responsible for moving any/all wall or ceiling mounted products in order to
accomplish their task. Such removal of items shall first be brought to the attention of the MFRD Contratct
Administrator prior to commencement of work.
18. Contractor shall be fully responsible for supplying a clean finish on all walls and floors.
19. The Contractor shall be responsible to disconnect all electrical and mechanical systems prior to commencement
of work when necessary.
20. Written notification to the MFRD Contract Administrator shall be required at the end of each installed system,
when system is in complete operation.
21. The Fire Station must be kept in full service operation at all times while the work is being performed. The Fires
Station must be secured at all times. All debris related to the construction must be removed from the Fire Station at
the end of each work day and floors must be broom swept clean. Awarded Contractor shall place barricades during
construction for the safety and well-being of the public and Fire Department personnel.
22. Contractor shall be responsible for properly sealing and leveling all holes and gaps in the walls, but not paint
when installing the vent systems.
23. The Contractor shall supply a work schedule identifying the projected start date, completion date and inspection
date for each Fire Station, prior to commencement of work.
24. Contractor shall have enough man power to construct three fire stations at a time with a maximum of 5 fire
stations. A schedule shall be provided for MFRD review and approval prior to commencement of work identifying
the entire project from commencement to completion.
25. Construction Meetings will be held every two weeks upon project commencement. It will be the responsibility
of the awarded contractor to have an authorized same company representative, with decision making powers, at each
meeting. The meetings will be at an MFRD Facility selected by the MFRD Contract Administrator.
Page 51 of 52
Invitation for Bid (IFB) 371334,5
26. Contractor is to provide a detailed Schedule of Values and Project Work Schedule with commencement &
completion dates, per contract, immediately after the award of the bid.
27. The project bid shall also include daily station clean-up, barrier protection of work area, permit processing with
the Authorities Having Jurisdiction (AHJ), permit inspections/re-inspection fees, and project close-out.
28. At the time of removal of the existing electrical or mechanical MFRD Equipment on floors walls, ceiling, etc.,
MFRD shall have the rights to select and retain removed equipment prior to contractor disposal. Contractor is
responsible for properly storing all removed equipment in a contractor secured location and advise MFRD Contract
Administrator for the product selection. Non -selected items by MFRD shall be disposed by the contractor at a proper
dumping location, as required by law.
29. MFRD equipment that has to be moved in order for the contractor to work properly shall be requested in writing
to the MFRD Contract Administrator. At no time is the contractor allowed to handle MFRD equipment.
30. Storage of contractor items will be allowed during construction, as long as it does not interfere with the Fire
Station operation, but not before construction commencement. MFRD will not be responsible for the contractor
storage of equipment whether misplaced, loss, damaged or other.
31. Contractor will be fully responsible for removing and re -installing electrical fixtures, conduits, J-Boxes, etc.
Contractor to coordinate with MFRD prior to disconnection and removal of any station equipment, to include
turnout gear rack, electrical fixtures, fans, switches, J-Boxes, conduits, etc. Contractor is not responsible for code
compliance items outside the contractor scope of work.
32. Electrical shut down of a Fire Station operation shall be coordinated with the MFRD Contract Administrator,
with sufficient planning time. Generator power will be required by the contractor for their own work. MFRD will
provide generator power for the Fire Station. No permit for temporary power will be required, since generator power
is the requirement. All other shut down of station utilities, i.e. mechanical, fire alarm, plumbing, etc., shall have the
same requirements as previously listed. MFRD Contract Administrator will contact all MFRD personnel. Contractor
is NOT to schedule work with the Fire Station directly. All planning of events/work and/or communications shall be
through the MFRD Contract Administrator, unless otherwise specified.
33. Contractor is to install electrical compression fittings in the Fire Station's Apparatus Bay, although the Fire
Station's Apparatus Bays are NOT considered wet locations.
Station locations:
Station 1 144 N.E. 5th Street
Station 2 1901 N. Miami Avenue
Station 3 1103 N.W. 7th Street
Station 4 1105 S.W. 2nd Avenue
Station 5 1200 N.W. 20th Street
Station 6 701 N.W. 36th Street
Station 7 314 Beacon Blvd.
Station 8 2975 Oak Ave.
Station 9 69 N.E. 62 St.
Station 10 4101 N.W. 7th St.
Page 52 of 52