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HomeMy WebLinkAboutInvitation for BidPABLO VELEZ, ESQ, CPPB • JOHNNY MARTINEZ, P.E. Interim Director City Manager ADDENDUM NO. 1 IFB No. 391319 January 27, 2014 Invitation For Bid (IFB) for Testing of Fire Apparatus Aerial Devices & Ground Ladders TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the solicitation documents of the above captioned IFB, and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. THE CLOSING DATE AND TIME FOR THIS IFB HAS BEEN CHANGED AS FOLLOWS: IFB CLOSING DATE/TIME: 4'291701A ..a 11 00 A ne 2/4/2014 at 11:00 AM THE FOLLOWING SECTIONS OF THE IFB HAVE BEEN MODIFIED AS FOLLOWS: SPECIAL TERM AND CONDITION SECTION 2.8 — BIDDERS MINIMUM QUALIFICATIONS (6) meet the reguiremen+ be accredited in accordance with the requirements of ISO/IEC 17020, General criteria for the operation of various types of bodies performing inspections, if bidder is a third party testing company organization per NFPA Standard 1911, 2012 Edition SECTION 3 — SPECIFICATIONS C. PERSONNEL: 1. If bidder is a third party testing organization per NFPA Standard 1911, 2012 Edition, bidder shall meet the requirements be accredited in accordance with the requirements of ISO/IEC 17020, General criteria for the operation of various types of bodies performing inspections. The changes above have been made to comply with the latest requirements published in NFPA Standard 1911, 2012 Edition, attached as Exhibit A to this Addendum. END OF CHANGES TO THE IFB. Page 1 ANSWERS TO QUESTIONS SUBMITTED BY PROSPECTIVE BIDDERS: Q. 1 Will the bidder be responsible for driving the apparatus at all? Will the apparatus be shuttled to the bidder? A. 1 The bidder will not be responsible for driving the apparatus nor will the apparatus be shuttled to the bidder. The apparatus will be tested in the locations indicated in Section 3 - Specifications, sub -section G, of the IFB which indicates: "The City of Miami requires alt aerial ladder testing be conducted at the City of Miami Fire Garage facility located at 1151 NW 7 Street, Miami, FL 33136. Operational tests requiring a large open area will be conducted at a location specified by the City of Miami Fire -Rescue Department. Ground ladder testing shall be conducted at the City of Miami Fire Garage facility and the Fire -Rescue Training Facility located at 3425 Jefferson Street, Miami, FL 33133." In the case of the aerial ladders, the apparatus will be driven by a driver or mechanic of the Fire -Rescue Department. Q. 2 The bid indicates that aerial and ground ladders will be tested in January / February; is that accurate? A. 2 Yes, that is accurate. Aerial and ground ladders may also be tested during the month of March. Q. 3 Can testing for the pumps be completed in 5 working days in 1 session? The bid indicates that pump testing and certification shall be conducted in 2 separate 5 day sessions. How many hours a day is the bidder allowed to work? A. 3 Whenever possible, the Fire -Rescue Department will attempt to schedule the pump testing and certification so that it is conducted in 1 session of five (5) working days. The Fire -Rescue Department will not impose extreme time limits on a bidder to perform these tests. The Fire -Rescue Department will work with the bidder to set up a schedule where all the pumps can be done as a group, followed by the aerial ladders and then the ground ladders. Bidders will be allowed to work up to ten (10) hours per day. Q. 4 The IFB indicates that the bidder needs to have the tolerances from the vehicles manufacturers. What are the manufacturers? (Pierce, E One, Seagrave...etc) A. 4 The Fire -Rescue Department's trucks are all manufactured by Pierce. Q. 5 Under the pump testing section, it states that the bidder needs to supply the flow measuring, pressure monitoring, and engine speed equipment. Does the bidder need to supply the discharge hoses, suction hoses, and caps? A. 5 No. Discharge hoses, suction hoses and caps will be supplied by the Fire -Rescue Department. Q. 6 Section 1.11 of the Invitation for Bid indicates that a bid bond is required if so indicated under the Special Conditions section. Bidder does not see a bid bond requirement under the Special Conditions section. Does the bidder need a bid bond for contract 391319? A. 6 No. A bid bond is not required for IFB 391319. Q. 7 Pump Testing: will Fire Department personnel be operating the pump during pump testing? A. 7 Yes. There will be an assigned driver engineer with the truck at all times during pump testing; the driver will be operating the controls as required. Page 2 Q. 8 Item #10 on page 34 of the IFB: regarding the schedule for the aerial devices and ground ladders, will the testing be done in one session (continuously until everything has been completed)? Also, will there be any limitations as to the amount of equipment available for testing per day? A. 8 Testing will be done continuously, as per the type of test. Pumps will be tested first, followed by all of the aerial devices, and then all of the ground ladders. The Fire -Rescue Department will only allow one (1) truck out of service at a time, but the next one will be standing by for its turn so as to not waste any time in between apparatus. The Fire -Rescue Department is available for testing between 0600 (6:00 AM) and 1600 (4:00 PM) Monday to Friday, except Holidays. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. PV:yg Cc: Bid File Enclosure Sincerely, Pablo Velez, Esq, CPPB Interim Director, Procurement Department Page 3 )64 ; 14. A 1911-12 INSPECTION, MAINTENANCE, TESTING, AND RETIREMENT OF IN-SERVICE AUTOMOTIVE FIRE APPARATUS 3,3,111 Rotation Gear Reduction Eox.. The mechanism of an aerial device that transfers hydraulic or electric power to the ro- tation gear, creating the torque necessary to rotate the turntable. 3.3.112 Rotation Lock, A strong friction or other positive - locking device (e.g.., holding valve) that retains the turntable in any desired position, 3.3,113 Rung Cap Casting. A casting that can be riveted to the outside of the base rail over the ends of each rung on an aerial ladder. 3.3.114 Safety Stop Mechanism. A device that is located on the aerial device and prevents raising the elevating platform booins or sections beyond safe operating horizontal or vertical angles. 3.3.115 Service Tests. See 3.3,95, Performance Tests, 3.3.116 Severe Service. Those conditions that apply to the rigorous, harsh, and unique applications of fire apparatus, in- cluding, but not limited to, local operating and driving condi- tions, frequency of use, and manufacturer's severe service (duty) parameters. 3.3.117 Slide Blocks. Blocks made of a variety of materials (e.g., brass, nylatron) that act as spacing devices, wear strips, or wear pads. 3.3.1.18 Stabilizer. A device integral with or separately at- tached to the chassis of a fare apparatus with an aerial device that is used to increase the moments tending to resist over- tuming •the apparatus. 3.3.119 Stabilizer Pad. A plate inserted beneath a stabilizer shoe to give greater surface bearing area. [1901, 2009] 3,3.120 Stabilizer Shoe. A permanently mounted sboc on a stabilizer to provide a ground surface area, [1901, 2009] 3.3,121 SteeringAxle(s). Any axle(s) designed such that the wheels have tbe'ability to tarn the vehicle.' 3.3.122 Stressed -Sidi- Type Boom Section. Aboom framework that is fabricated by the welding of metal into full box sections with internal torsional members. 3,3.123 Telescopic. Extended or retracted by sliding of the overlapping sections. 3.3.124 Test. To verify serviceability by measuring the mechani- cal, pneumatic, hydraulic, or electrical characteristics of an item and comparing those characteristics with prescribed standards. 3.3.125 Top Rail The top chord (rail) of an aerial ladder to which reinforcements are attached. [1901, 2009] 3,3,126 Torque Box. Astructural component placed between the turntable and the chassis or part of the chassis frame of an aerial device to absorb the stresses of operation, 3.8.127 Torque Value. A measure of tightness or the amount of stress that is put on a fastening device (i.e., bolt) to secure it properly. 3.3.128 Total Continuous Electrical Toad. The total current required to operate all of the devices permanently connected to the apparatus that can be simultaneously energized exclud- ing, intermittent -type loads such as primers and booster -reel rewind motors. [1901, 2009] 3.3.129 Transfer Pinup. Awater pump mounted on the appa- ratus that is used to transfer water to and from the fire apparatus. 2012 Rdition 3.3,130 Trussed -Lattice -'Type Boom Section. An open truss boom framework with vertical and diagonal braces that are fastened to horizontal beams of the frame. 3.3,131 Twist, The degree of rotational movement from a given position. 3.3,132 Ultrasonic Inspection. A nondestructive method of inspection in which high -frequency vibrations are injected through the surface of the test material and bounced back to their source from the opposite surface; if a flaw exists, signals return in a different pattern, revealing the location and extent of the flaw. 3.3.133t' Vacuum. The reduction in atmospheric pressure in- side a pump or suction hose, 3.3.134 Visual Inspection. inspection by the eye without re- course to any optical devices, except prescription eyeglasses. 3.3.135 Water Tower. An aerial device consisting of perma- nently mounted power -operated booths and a waterway de- signed to supply a large -capacity mobile elevated water stream. The booms can be of articulating design or telescoping de- sign. [1901, 2009] 3,3,136 Weldinent. A structure that is formed by the welding together of several components. Chapter 4 General Requirements 4.1s' General. All fire apparatus that couldbe placed in service for emergency response shall be inspected, maintained, tested, and retired as required by this standard. 4.1.1 Chassis, Driving and Grew Coxnpartenent, and Body. 4.1.1.1 The chassis, driving and crew compartment, and body shall be inspected and maintained as required by Chapter 7. 4,1,1.2 The chassis components shall be performance tested as required by Chapter 16, 4.1.2 Electrical Systems. 4.1.2.1 The low.voltage electrical systems on the fire appara- tus shall be inspected and maintained as required by Chapter 8 and performance tested as required by Chapter 17. 4.1.2.2 If the apparatus is equipped with a line voltage elec- trical system, that system shall be inspected and maintained as required by Chapter 13 and performance tested as required by Chapter 22, 4.1.8 Water Pumping System or Water Tank. 4.1.3,1 If the fire apparatus is equipped with awater pump- ing system or a water tank, the water pumping system(s) or the water tank(s) shall be inspected and maintained as required by Chapter 9, 4.1.3.2 If the apparatus is equipped with a fire pump or an industrial supply pump, the fire pump system or industrial supply pump system shall be performance tested as required by Chapter 18, 4.1.4 Aerial Device. 1f the fire apparatus is equipped with an aerial device, the aerial device shall be inspected and maintained as required by Chapter 10 and performance tested as required by Chapter 19. 664(t(64- GENERAL ILIEQU.IREMENTS 4.1.5 Foam proportioning System. If the fire apparatus is equipped with a foam proportioning system, the system shall be inspected and maintained as required by Chapter 11 and performance tested as required by Chapter 20, 4.1.6 Compressed Air Foam System (CAM), If the fire appara- tus is equipped with a compressed air -foam system, the system shall be inspected and maintained as required by Chapter12 and performance testedas required by Chapter 21, 4.1,7 Compressed Air Systems. 4.1.7.1 If the fire apparatus is equipped with a compressed air system, the system shall be inspected and maintained as re- quired by Chapter 14. 4.1.7.2 If the apparatus is equipped with .a breathing air sys- tem, the system shall be performance tested as required. by Chapter 23. 4.1.8 Winches. If the fire apparatus is equipped with awinch, the winch shall be inspected and maintained as required by Chapter 15, 4.1.9 Other Components or Auxiliary Systems. If there are other fixed components or auxiliary systems on the fire appa- ratus, those components or auxiliary systems shall be in- spected, maintained, and tested in accordance with the com- ponent manufacturer's recommendations and this standard to the extent that the requirements are applicable. 4,2 Taking Fire Apparatus Out of Service. It shall be the re- sponsibility of the authority having jurisdiction (ABJ) to en- force the criteria for when the apparatus is to be taken out of service in accordance with the requirements in Chapter 6. 4.3 Qualifications of Personnel. 4.3.1 Inspections, maintenance, and testing on fire apparatus shall be performed by qualified personnel as required by 4.3,1.1, 4.3,1,2 or 4.3.1,3. 4.3.1.1* Any person performing diagnostic checks, inspec- tions, testing, or maintenance of the fire apparatus shall meet the qualifications of NFPA 1071, Standard ferEmergency Vahide Technician Professional Queliftcations, or the equivalent. 4.3.1.2's The AbIJ shall determine who is qualified to perform the daily/weekly inspection and the operational checks of fire apparatus. 4.3.1.3 Pump tests and annual' aerial tests shall be performed by personnel who are qualified in accordance with NFPA1071, Standard for Emergency Vehicle Technician Professional Qualifica- tions, or the equivalent or by an organization that is accredited for inspection and testing systems on fire apparatus in actor• dance with ISO/IEC 17020, General criteria for the operadian of various types of bodies peferming- inspections. 4.4 Safety. 4.4.1's Anyone performing operational checks, diagnostic checks, inspections, or taintenance on fire apparatus shall consult the appropriate operator's, service, and maintenance manuals before starting any work on the apparatus. 4.4.2 All safetywarnings and recommendations shall be read and followed. 4.4.3* All federal, state, and local laws and regulations govern- ing workplace safety shall be followed when performing main- tenance on :Ere apparatus. 1911-13 4,4.4 All federal, state, and local laws shall be followed in the use and disposal of chemicals and hazardous materials. 4.4,5 Rernediation equipment and methods shall be used prior to and during preventive maintenance when dealing with possible contaminadon by, and exposure to, hazardous materials, medical and biological waste, and other hazards. 4.4.6 Personal protection, including eye protection, hearing protection, and suitable respirators for breathing protection, shall be used when the maintenance operations require such protection. 4,4,7 Asystem or method shall be utilized to remove exhaust emissions from an operating engine in a confined area. 4.4.8 Proper methods shall be utilized to lift, support, secure, and stabilize as appropriate, the fire apparatus undergoing maintenance, 4.4.9 Proper tools and equipment shall be selected fob• the task to be performed. 4.5 ,Inspections and Maintenance. 4.5.1 The fire apparatus shall meet all federal, state or provin- cial, and local laws for motor vehicle inspection. 4.5.2* All inspections and maintenance shall be conducted in accordance with the manufacturer's recommended procedures. 4.5.3* It shall be the responsibility of the AIIJ to develop and implement a schedule for the operational checking, inspec- tion, diagnostic checking, and maintenance of the fire appa rains and its systems and components in accordance with this document, the manufacturer's recommendations, local expe- rience, and operating conditions. 4.5.4 An operational check and visual check of the fire appa- ratus shall be performed on a, daily/weekly basis to ensure the operational readiness of the unit. 4.5.4.1 Defined systems of the apparatus shall be checked, including the fire pump, aerial device, warning lights, audible warning devices, cab and pump panel instrumentation, seat belts, tires, engine, transmission, drivetrain, and brake system. 4.5.4,2 An inspection -farm shall be utilized to record the results of the operational and visual check. (See Annex C.) 4.5,5'' A complete inspection and diagnostic check of the fire apparatus shall be conducted at least as frequently as recom- mended by the apparatus manufacturer or once per year, whichever comes first. 4.5.6 Component inspections shall be performed at least as frequently as recommended by the nuawufacturer and when the fire apparatus or any component is suspected or reported to have defects or deficiencies, 4.5.7 All deficiendes found during an inspection shall be repaired or corrected by a qualified person. 4.6 Maintenance and Repairs. 4,6.1 Maintenance and repairs shall be made in accordance with the manufacturer's recommendations. 4.6.2 Parts or components used to maintain or repair the fire apparatus shall meet or exceed the original manufacturer's specifications. 2012 Edition (i64,t4 1911-40 INSPECTION, MAINTENANCE, TESTING, AND RETIREMENT OF IN•SERVICEAUTOMOTIVE FIRE APPARATUS 19.1.3,3 The aerial device shall be tested to the full opera- tional load and NDT of this standard before it is placed back in service. 19.1.4'A The inspections and tests specified herein shall be the minimum performance test requirements for all aerial devices. 19.1.4:1 Since each manufacturer's lull twill be somewhat dif- ferent, specific attention shall be given to the manufacturer's instructions concerning periodic maintenance and inspection checks. 19.1.4.2 The testing personnel shall have written documenta- tion identifying the aerial device manufacturer's operating pro- cedures, component performance specifications, and. tolerances. 19.1.5* Only qualified persons, acceptable to the AIIJ, shall be permitted to operate the apparatus during testing procedures. 19.2 Inspection Personnel. 19.2.1 The inspections and tests outlined in this standard shall be performed by qualified persons, a third -party testing company, or the manufacturer, as determined acceptable by the AE J. 19.2.2 The person actually performing the nondestructive test work shall be certified as at least a Level II NDT technician in the test method -used, as specified inASNT CP-189, Standard forQuali- fication and Certification of Nondestructive Testing Personnel 19.2.3 Trainees and personnel certified to Level 1 NDT in the test method used shall be permitted to conduct the nondestruc- tive tests so long as they work under the direct and immediate supervision of either a Level ll or anASNT Level III NDT techni- clan holding current certification in the same test method, 19.3 Third -Party Test Companies. If a third -party test com- pany is employed to perform NDT, that company shall be ac- credited to the requirements of ISO/IEC 17020, General crite- ria for the operation of various types of bodies performing inspection. 19.4 Visual inspection. Avisual inspection shall be performed in accordance with the requirements of Section 19.8,19.9, or 19.10, depending on the aerial device. 19.4.1 The visual inspection shall be conducted prior to any operational or load testing and shall be carried out in a system- atic sequence. 19.4.2 The visual inspection shall be to detect ally visible de- fects, damage, or improperly secured parts. 19.5 Weld Inspection. 19.5,1 When the inspections required by 19.1.1 are per- formed, all accessible structural welds shall be visually in- spected for fractures. 19.5.2 When the NDT required by 19,1.2 is performed, all accessible structural welds shall be inspected by technicians who meet the criteria of Section 19.2 for the test methods used. 19.5.3 Welds on Steel. 19.5.3.1 All accessible structural welds on steel shall be in- spected in accordance with the applicable provisions of AWS D1,1, Structural Welding Code — Steek. 19.5,3.2 All structural welds shall comply with weld quality as specified in the visual inspection acceptance criteria ofAWS 171.1. 2012 Edition 19.5.4 Welds on Aluminum, 19.5,4,1 All accessible structural welds on aluminum shall be inspected in accordance with the applicable provisions of AWS D 1,2, Structural Welding Code —Aluminum. 19.5,4.2 All structural welds shall comply with weld quality as specified in the visual inspection acceptance criteria ofAWS D1.2. 19.5.5 The application of a particular NDT weld inspection technique shall be as recommended by AWS B1.10, Guide far the Nondestructive Examination of Welds. 19.6 Bolt and Pin Inspection. Bolts and pins that are sub- jected to ultrasonic testing shall contain no ultrasonic cathode ray tube (CRT) indications that can be interpreted as cracks or elongated material. 19.7 Nondestructive Testing Procedures. 19.7.1 All test procedures shall be consistentwithASTME1316, Standard Terminology for Nondestructive Testing: 19,7.2 All ultrasonic inspections shall be conducted in accor- dance with the following standards: (1) ASTM E 114, Standard Practice for Ultrasonic ,Paadse-Echo Straight -Beam Examination by the Contact Method (`2) ASTM E 797, Standard Practice for Measuring Thickness by Manual Ultrasonic Pulse -Echo Contact Method 19.7.3 All magnetic, particle inspections shall be conducted in accordance with ASTM E '709, Standard Guide for Magnetic Particle Examination, 19.'7,4 All liquid penetrant inspections shall be conducted in accordance with the following standards: (1) ASTM E 165, Standard Test Method for Liquid Penetrant Ex- amination (2) ASTM E 1220, Standard Test 1Viethod for Visible Penetrant Ex- amination Using the Solvent -Removable Process (3)` ASTM 5 1418, Standard Test Method fdrsblePenetrantEx- amination Using the Water -Washable Pnroeess' 19.7,5 All hardness readingsshall be conducted in accor- dance with the following standards: (1) ASTM P. 647, Standard Test Method for Indentation Hardness of Aluminstm Alloys by Means of a `Webster Hardness Gage (2) ASTM 13 648, Staandard Test Method forindentation Hardness of Aluminum Alloys by Means of a Barad Imjiressor (3) ASTM E 6, Standard Terminology Relating to Methods of Me- chanicalTesting (4) ASTM E 10, Standard Test Method for Brinell Hardness of Me- tallic Materials (5) ASTM E 18, Standard Test Methods for Rockwell Hardness and Rockwell Superficial Hardness of Metallic Materials (6) ASTM E 92, Standard Test Method for Vickers Hardness of Me- tallic Materials 19.7.6 All acoustic emission inspections shall be conducted in accordance with the following standards: (1) ASTM E 569, Standard Practice for Acoustic Emission Monitor- ing of Structures During Controlled Stimulation (2) ASTM E 650, Standard Guide forMauntingPiezoeiectricAcaus- tic Emission Sensors 19.7.7 All eddy current inspections shall be conducted in ac- cordance with ASTM E 1004, Standard Practice for Determining Electrical Conductivity Using the Electromagnetic (Eddy -Current) Method. CITY OF MIAMI LOCAL OFFIC P-i; CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a peitnanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM -City of Miami Local Office Certification 7/22/2013 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? Y YES NO If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? YES NO N/A Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? City of Miami: YES NO Exempt Cite Exemption: Miami -Dade County: YES NO Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business operations? YES N NO Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Print Name (Bidder/Proposer Authorized Representative) Signature Date 2 FORM -City of Miami Local Office Certification 7/22/2013 STATE OF FLORIDA COUNTY OF Certified to and subscribed before me this day of , 20 , by (NOTARY SEAL) (Signature of Notary Public -State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced FORM -City of Miami Local Office Certification 7/22/2013 3 City of Miami Invitation for Bid (IFB) Purchasing Department Miami Riverside Center 444 SW 2nd Avenue, 6ch 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: 391319,1 Testing of Fire Apparatus Aerial Devices & Ground Ladders 08-JAN-2014 04-FEB-2014 @ 11:00:00 None Friday, January 17, 2014 at 5:00 PM Gonzalez, Yusbel City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US YGonzalez@miamigov.com (305)400-5104 Page 1 of 36 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 36 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Address, including City, State, and Zip Code: Full Name of Bidder's Representative, including Telephone Number, Fax Number, and Email Address: Business Tax Receipt Number: Business Tax Receipt Issuing Agency: Business Tax Receipt Expiration Date: Total Bid Amount: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. If Bidder has a Local Office, as defined under Chapter 18/Articlle III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this solicitation) Page 3 of 36 Line: 1 Description: Fire Apparatus Pump Testing Category: 96145-00 Unit of Measure: Each Unit Price: $ Line: 2 Number of Units: 26 Total: $ Description: Fire Apparatus Aerial Ladder Testing Category: 96145-00 Unit of Measure: Each Unit Price: $ Line: 3 Number of Units: 12 Total: $ Description: Fire Apparatus Ground ladder testing (price per foot) Category: 96145-00 Unit of Measure: Foot Unit Price: $ Line: 4 Number of Units: 2,500 Total: $ Description: Fire Apparatus Re -Inspection charges Category: 96145-00 Unit of Measure: Dollar Unit Price: $ Number of Units: 1 Total: $ Page 4 of 36 Invitation for Bid (IFB) 391319,1 Table of Contents Terms and Conditions 6 1. General Conditions 6 1.1. GENERAL TERMS AND CONDITIONS 6 2. Special Conditions 26 2.1. PURPOSE 26 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 26 2.3. TERM OF CONTRACT 26 2.4. CONDITIONS FOR RENEWAL 26 2.5. PRICE ADJUSTMENTS 26 2.6. NON -APPROPRIATION OF FUNDS 27 2.7. METHOD OF AWARD 27 2.8. BIDDERS MINIMUM QUALIFICATIONS 27 2.9. INSURANCE REQUIREMENTS 28 2.10. METHOD OF PAYMENT 30 2.11. CONTRACT ADMINISTRATOR 30 2.12. PRE-BID/PRE-PROPOSAL CONFERENCE 30 2.13. USE OF PREMISES 30 2.14. DAMAGES TO PUBLIC/PRIVATE PROPERTY 30 2.15. WARRANTY 30 2.16. REFERENCES 30 2.17. SAFETY MEASURES 31 2.18. TERMINATION 31 2.19. ADDITIONAL TERMS AND CONDITIONS 31 2.20. PRIMARY CLIENT (FIRST PRIORITY) 32 3. Specifications 33 3.1. SPECIFICATIONS/SCOPE OF WORK 33 Page 5 of 36 Invitation for Bid (IFB) 391319,1 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 infornialities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post -judgment Page 6 of 36 Invitation for Bid (IFB) 391319,1 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 Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. Page 7 of 36 Invitation for Bid (IFB) 391319,1 G. The City reserves the right to award the contract on a split -order, hunp 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, fimction, 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 8 of 36 Invitation for Bid (IFB) 391319,1 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 9 of 36 Invitation for Bid (IFB) 391319,1 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 contractedor 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 10 of 36 Invitation for Bid (IFB) 391319,1 board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (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 11 of 36 Invitation for Bid (IFB) 391319,1 the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required -under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of banlcniptcy 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 12 of 36 Invitation for Bid (IFB) 391319,1 this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Response non -responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES Page 13 of 36 Invitation for Bid (IFB) 391319,1 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 14 of 36 Invitation for Bid (IFB) 391319,1 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 perfoiuiance 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 15 of 36 Invitation for Bid (IFB) 391319,1 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 furnished upon request via Page 16 of 36 Invitation for Bid (IFB) 391319,1 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 furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. 1.47. 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 17 of 36 Invitation for Bid (IFB) 391319,1 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 construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. 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 18 of 36 Invitation for Bid (IFB) 391319,1 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 fiimish 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 nnist 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 19 of 36 Invitation for Bid (IFB) 391319,1 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 20 of 36 Invitation for Bid (IFB) 391319,1 287.017, 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 docimlents 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 21 of 36 Invitation for Bid (IFB) 391319,1 Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be 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 22 of 36 Invitation for Bid (IFB) 391319,1 (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (1) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.74. 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 23 of 36 Invitation for Bid (IFB) 391319,1 RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive. Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.79. 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 24 of 36 Invitation for Bid (IFB) 391319,1 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 fluids. 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 attorney'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 25 of 36 Invitation for Bid (IFB) 391319,1 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for annual testing and certification of aerial devices, ground ladders, and fire apparatus pumps, as specified herein, from a source(s) of supply that will give prompt and efficient service ftilly 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: Yusbel Gonzalez; fax: (305) 400-5104 or email: ygonzalez@ci.miami.fl.us. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Friday, January 17, 2014 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. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with the option to extend for three (3) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.4. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.5. PRICE ADJUSTMENTS Prices quoted shall be firm for the initial contract term (two years). Thereafter, any extensions which may be approved by the City shall be subject to the following: Costs for any extension terms shall be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based on the latest yearly percentage change in the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers, Not Seasonally Adjusted, Miami -Fort Lauderdale, FL, Current Base Period: 1982-84 = 100, All Items, Monthly, as published by the Bureau of Labor Statistics, U.S. Department of Labor, and shall not exceed five percent (5%). The yearly increase or decrease in the CPI shall be that latest Index published and available for the calendar year ending 12/31, prior to the end of the contract year then in effect, as compared to the index for the comparable month one year prior. Page 26 of 36 Invitation for Bid (IFB) 391319,1 It shall be the Successful Bidder's responsibility to request any upward pricing adjustment under this provision. Any requested adjustment shall be fully documented and submitted to the Procurement Department at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved contract extension. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the Contract will be considered cancelled on the scheduled expiration date. 2.6. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any project(s) will be awarded to any firm(s). 2.7. METHOD OF AWARD 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 may deem your bid non -responsive. 2.8. BIDDERS MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described in this Bid; that have a record of performance for a reasonable period of time; and that have sufficient financial support, equipment and organization to insure that they can satisfactorily provide the goods and/or services if awarded a Contract under the terms and conditions herein stated. BIDDER SHALL: (1) not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City. (2) have no record of pending lawsuits or criminal activities, and have never been declared banknipt. (3) be a nationally recognized testing laboratory, recognized by Occupational Safety & Health Administration (OSHA) in accordance with the OSHA regulations set forth at 29 Code of Federal Regulations, Section 1910.7, Appendix A, "OSHA Recognition Process for Nationally Recognized Testing Laboratories." NO EXCEPTIONS. (4) comply with the American Society for Testing and Material Standards ASTM E543, "Standard Practice for Agencies Performing Nondestructive Testing" and ASTM E548, "Preparation of Criteria for Use in the Evaluation of Testing Laboratories and Inspection Bodies." NO EXCEPTIONS. (5) have a minimum of five (5) years of Fire Department equipment safety testing experience as a company, not just individual employees. (6) be accredited in accordance with the requirements of ISO/IEC 17020, General criteria for the operation of various types of bodies performing inspections, if bidder is a third party testing company organization per NFPA Page 27 of 36 Invitation for Bid (IFB) 391319,1 Standard 1911, 2012 Edition. (7) have inspectors currently certified as Level II NDT technicians, as outlined in American Society for Nondestructive Testing (ASNT) document CP-189, Standard for Qualification and Certification of Nondestructive Testing Personnel. (a)inspectors must have received training at various aerial manufacturing locations so as to become familiar with the assembly and operation of aerial devices for fire service use. BIDDER'S FAILURE TO MEET THE ABOVE LISTED MINIMUM QUALIFICATIONS AT TIME OF BID, MAY DEEM BIDDER AS NON -RESPONSIVE. 2.9. INSURANCE REQUIREMENTS INDEMNIFICATION Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of the contract, including all acts or omissions to act on the part of bidder, including any person performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Worker's Compensation A. Limits of Liability - Statutory - State of Florida Employers 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 (2) Commercial General Liability: A. Limits of Liability Bodily Injury and Property Damage Liability: Each Occurrence: $1,000,000 General Aggregate Limit: $ 2,000,000 Personal and Adv. Injury: $ 1,000,000 Products/Completed Operations: $ 1,000,000 B. Endorsements Required: City of Miami listed as additional insured Contingent & Contractual Liability Page 28 of 36 Invitation for Bid (IFB) 391319,1 Premises and Operations Liability Primary Insurance Clause (3) BusinessAutomobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability; Combined Single Limit; Owned/Scheduled Autos; Including Hired, Borrowed or Non -Owned Autos. Any One Accident: $ 1,000,000 B. Endorsements Required: City of Miami included as an Additional Insured (4) Professional/Errors and Omissions Liability Combined Single Limit Each Claim: $1,000,000 General Aggregate Limit: $1,000,000 Retro Date Coverage included The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A-" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Bidder. Page 29 of 36 Invitation for Bid (IFB) 391319,1 2.10. METHOD OF PAYMENT Payments under this contract shall be made in accordance with the requirements stated in General Terms and Conditions Section 1.81, Term of Payment, of this IFB. Successful Bidder shall invoice the City in accordance with the requirements stated in General Terms and Conditions Section 1.47, Invoices, of this IFB. Services provided without the prior issuance of Blanket Release shall be considered UNAUTHORIZED, in accordance with General Terms and Conditions Section 1.85 of the IFB. 2.11. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Lieutenant Jose A. Gomez, who shall be designated as the Contract Administrator. 2.12. PRE-BID/PRE-PROPOSAL CONFERENCE None 2.13. 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. 2.14. 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). 2.15. WARRANTY The successful bidder will be required to warrant all work performed. Warranty shall be described in detail on the Bid submittal. 2.16. REFERENCES Each bid must be accompanied by a list of references which includes the name of the company, dates of contract, description of goods supplied, a contact person, telephone number, and email address. The list of references shall include a list of ten (10) Fire Departments for which the bidder has tested similar aerial devices, ground ladders, and fire pump systems as the units to be tested. The list shall also include a minimum of Page 30 of 36 Invitation for Bid (IFB) 391319,1 two (2) aerial and pumper apparatus manufacturers for whom testing is currently being conducted on a regular basis. Bidder's failure to submit the list of references, as specified, at time of bid of submittal, may deem bidder non -responsive. 2.17. 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. 2.18. 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. 2.19. 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 fowl attests to this. If 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 Page 31 of 36 Invitation for Bid (IFB) 391319,1 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. 2.20. 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 32 of 36 Invitation for Bid (IFB) 391319,1 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The City of Miami Fire -Rescue Department is seeking bids, to establish a term contract, for the annual testing and certification of aerial devices, ground ladders, and fire apparatus pumps. A. GENERAL: 1. At time of bid, the bidder shall submit a complete outline of their certification requirements for evaluation by the City of Miami Fire -Rescue Department. Failure to comply may cause automatic rejection. 2. All exceptions and deviations to the specifications shall be noted. The absence of exceptions and/or deviations shall be interpreted as total compliance to the published specifications. 3. Total exception to the specifications may disqualify a bidder. 4. The bidder shall not represent nor be in the business of manufacturing or repairing aerial equipment, ground ladders, or fire pumps. NO EXCEPTIONS. 5. The aerial examination and test report provided to the City shall specify the point of inspection and the results of such examinations and test. The test report as required by NFPA 1911, Chapter 19, 2012 Edition shall include the following: (a) When the torque verification of mounting bolts, as required by NFPA 1911, Chapter 19, 2012 Edition is performed; the bolt size, grade, and torque specification shall be recorded. (b) When NDT is conducted, the test record will indicate the NDT method used in each area inspected. (c) Where NFPA 1911, Chapter 19, 2012 Edition requires measurements to be taken, such as: bearing clearance and backlash, cylinder drift, relief pressure, ladder section twist, hardness readings, base rail thickness, extension brake drift, winch drift, and the like, these measurements shall be recorded in the test record in order that a year-to-year comparison can be made. (d) All aluminum structural weldments shall be inspected for compliance with the American Welding Society Standard DI .2, "Structural Welding Code L Aluminum.L (e) All test work outlined in NFPA 1911, Chapter 19, 2012 Edition including nondestructive testing shall be conducted, NO EXCEPTIONS 6. The ground ladder examination and test report provided to the City shall specify the method used to conduct each test performed on the ground ladder during the day of examination and results of such examinations and tests. Ground ladders shall be tested as outlined in NFPA 1932, Standard on Use, Maintenance, and Service Testing of Fire Department Ground Ladders, 2010 Edition. NO EXCEPTIONS 7. Ground ladders upon successfully meeting the requirements of all test work, as outlined here, shall be issued by Page 33 of 36 Invitation for Bid (IFB) 391319,1 the testing company / bidder a Certificate of Ground Ladder Examination and Test stating the total footage that is in compliance with the NFPA 1932, Standard on Use, Maintenance, and Service Testing of Fire Department Ground Ladders, 2010 Edition. 8. The fire pump system examination and test report provided to the City shall specify the method used to conduct each test performed on the fire pump system during the day of examination and results of such examinations and tests as specified in NFPA 1911, Chapter 18, 2012 Edition. All test work outlined in NFPA 1911, Chapter 18, 2012 Edition shall be conducted, NO EXCEPTIONS. 9. Fire pump systems upon successfully meeting the requirements of all test work, as outlined here, shall be issued by the testing company/bidder a Certificate of Service Tests of Fire Pump Systems on Fire Apparatus stating compliance with the NFPA 1911, Standard for the Inspection, Maintenance, Testing and Retirement of In -Service Automotive Fire Apparatus, Chapter 18, 2012 Edition. 10. The testing and certification of aerial devices and ground ladders shall take place during the months of January and February. Pump testing and certification shall be conducted in two (2) sessions during the months of March, April, and May. Each session will be approximately five (5) working days. Makeup days may be required due to weather and other factors beyond the Fire -Rescue Departmenti,s control. Makeup dates will be mutually agreed upon by the City and the bidder. 11. The City of Miami currently has various aerial devices between 62 and 104 feet in length. The bidder shall provide a price per aerial device that includes all required testing as outlined in this specification. 12. The City of Miami currently has various ground ladders between 10 and 50 feet in length, including straight, extension, folding, Pompier, and Bangor ladders. The bidder shall provide a price per foot for testing all ground ladders as outlined in this specification. 13. The City of Miami currently has various pumpers that range in GPM from 1250 to 1500 GPM. The bidder shall provide a price per pumper unit that includes all required testing as outlined in this specification. B. REFERENCES: 1. The bidder shall submit a list of ten (10) Fire Departments for which the bidder has tested similar aerial devices, ground ladders, and fire pump systems as the units to be tested. 2. The bidder shall submit a list of a minimum of two aerial and pumper apparatus manufacturers for whom testing is currently being conducted on a regular basis. NO EXCEPTIONS. C. PERSONNEL: 1. If bidder is a third party testing organization per NFPA Standard 1911, 2012 Edition, bidder shall be accredited in accordance with the requirements of ISO/IEC 17020, General criteria for the operation of various types of bodies performing inspections. Page 34 of 36 Invitation for Bid (IFB) 391319,1 2. The inspectors performing the test work on the units shall be currently certified as Level II NDT technicians, as outlined in American Society for Nondestructive Testing (ASNT) document CP-189, Standard for Qualification and Certification of Nondestructive Testing Personnel, in all methods used in the aerial inspection. 3. The inspector shall also have had training at various aerial manufacturing locations so as to become familiar with the assembly and operation of aerial devices for fire service use. 3. Prior to award of contract, bidder may be asked to provide as proof copies of personnels Level II NDT technician certification. 4. Prior to submittal to the Fire Department, the final report shall be reviewed by qualified staff that is directly involved with the aerial, ground ladder, and fire pump certification program at their company. D. NECESSITY OF RE -INSPECTIONS: 1. If a unit has minor defects, which cannot be repaired before the inspector leaves the inspection area, the City shall make the necessary repairs and notify the testing company/bidder in writing when the repairs have been completed. No re -inspection shall be necessary. 2. If a unit has major defects, the aerial load test shall not be conducted until such time as repairs are made and the repair work is inspected and found to be acceptable by the bidder. Charges for re -inspection shall be for actual time spent at the Department of Fire -Rescue conducting the required tests. E. CERTIFICATION: 1. When the aerial unit successfully meets all NFPA 1911, Chapter 19, 2012 Edition requirements, the testing company/bidder shall issue a certificate of aerial lift device examination and test stating the uniti,s compliance with NFPA 1911, Chapter 19, 2012 Edition. 2. When the ground ladder successfully meets all the requirements outlined, the testing company/bidder shall issue a certificate of ground ladder examination and test stating compliance with NFPA 1932, 2010 Edition. 3. When the pumping unit successfully meets all the requirements outlined below, the testing company/bidder shall issue a certificate of In Service Pump Test and Examination stating compliance with NFPA 1911, Chapter 18, 2012 Edition. F. NOTIFICATION TO ALL BIDDERS: In order to comply with this specification, the bidder must have in his possession the following tolerances from the manufacturer. NO EXCEPTIONS. Proof of compliance may be required prior to award of contract. 1. Rotation bearing clearance and backlash. Page 35 of 36 Invitation for Bid (IFB) 391319,1 2. Critical mounting bolt grade and torque. 3. Elevation cylinder drift tolerance. 4. Extension cylinder drift tolerance. 5. Outrigger cylinder drift tolerance. 6. Hydraulic relief pressure. 7. Ladder section twist. 8. Hardness for aluminum devices. 9. Hollow I-beam base rail thickness. 10. Rated load of the device. 11. Maximum rated working pressure of water system. G. TEST SITE AND EQUIPMENT: The City of Miami requires all aerial ladder testing be conducted at the City of Miami Fire Garage facility located at 1151 NW 7 Street, Miami, FL 33136. Operational tests requiring a large open area will be conducted at a location specified by the City of Miami Fire -Rescue Department. Ground ladder testing shall be conducted at the City of Miami Fire Garage facility and the Fire -Rescue Training Facility located at 3425 Jefferson Street, Miami, FL 33133. Accurate and calibrated measuring equipment is required and essential for a successful aerial and ground ladder test. The testing organization/bidder shall provide calibrated equipment and calibration records of their equipment as part of the testing program. Proof of calibrated equipment is required prior to beginning aerial ladder testing The NFPA 1911 Standard, 2012 Edition for testing of fire pumps recommends that the test site be adjacent to a clean water source that is at least four feet deep, while allowing the strainer to be submerged at least two feet below the surface of the water when connected to the pump by twenty feet of suction hose. The City of Miami currently has a pump testing pit which meets the NFPA requirements for testing. All pump tests shall be conducted at the City of Miami Fire Garage facility located at 1151 NW 7 Street, Miami, FL 33136. Accurate and calibrated flow measuring equipment as well as pressuremonitoring and engine speed recording equipment is required and essential for a successful pump test. The testing organization/bidder shall provide calibrated equipment and calibration records of their equipment as part of the testing program. Proof of calibrated equipment is required prior to beginning pump testing Page 36 of 36