HomeMy WebLinkAboutInvitation For BidANNIE PEREZ, CPPO DANIEL J. ALFONSO
Chief Procurement Officer City Manager
ADDENDUM NO. 1
IFB No. 609394 June 27, 2016
INVITATION FOR BID (IFB) A/C Repair & Maint. Services, Citywide
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and deletions amend the IFB documents of the above
captioned IFB, and shall become an integral part of the Contract Documents. 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.
A. The following parks will be added as the initial parks to be serviced pursuant to Section 3.1,
Specifications/Scope of Work:
• Manuel Artime Performing Arts and Community Center, 900 SW 1 Street, Miami,
FL 33130;
• Jose Marti Park, 434 SW 3 Avenue, Miami, FL 33131;
• Moore Park, 765 NW 36 Street, Miami, FL 33127;
• Gibson Park, 401 NW 12 Street, Miami, FL 33136;
• Williams Park, 1717 NW 5 Avenue, Miami, FL 33136; and
• Dorothy Quintana Community Center at Roberto Clemente Park, 101 NW 31
Avenue, Miami, FL 33127.
All others are on an "as needed" basis.
B. "Section 3.2 Parts Covered Under Quarterly Maintenance" has been deleted in its entirety
and replaced.
Sincerely,
erez
ief Procurement Officer
AP:ts
Cc: IFB: File
ANNIE PEREZ, CPPO DANIEL J. ALFONSO
Chief Procurement Officer City Manager
ADDENDUM NO. 2
IFB No. 609394
June 30, 2016
INVITATION FOR BID (IFB) A/C Repair and Maintenance Services, Citywide
TO: ALL PROSPECTIVE PROPOSERS:
The following changes, additions, clarifications, and deletions amend the IFB 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 has been extended to Wednesday, July 13, 2016 at 1:00 PM.
Sinc-rely,
Annie Perez CPPO
Chief Procurement Officer
AP:ts
Cc: IFB File
City of Miami
Purchasing Department
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
Number:
Title:
Issue Date/Time:
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:
609394,2
Invitation for Bid for A/C Repair &
Maint. Services, Citywide
01-JUL-2016
13-JUL-2016 @ 13:00:00
Mandatory
Wednesday, June 22, 2016 at 10:00 AM
Jose Marti Gym, 434 SW 3 Ave, Miami,
FL 33130
Wednesday, June 29, 2016 at 4:00 PM
Soto, Teresa
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
TSoto@miamigov.com
(305)400-5024
Page 1 of 57
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLIER NAME.
ADDRESS:
PHONE: FAX.
EMAIL: BEEPER.
SIGNED BY.
TITLE: DATE.
FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS BID.
Page 2 of 57
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Business Tax Receipt/Occupational License Number:
Business Tax Receipt/Occupational License Issuing Agency:
Business Tax Receipt/Occupational License Expiration Date:
Will Subcontractor(s) be used? (Yes or No)
If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will
be responsible for under this contract (a copy of their license(s) must be submitted with your bid
lresponse):
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)
Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods
Page 3 of 57
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 1: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1
Reference No. 1: Date of Contract or Sale for above reference no. 1
Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 2: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2
Reference No. 2: Date of Contract or Sale for above reference no. 2
Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 3: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3
Reference No. 3: Date of Contract or Sale for above reference no. 3
Page 4 of 57
Line: 1
Description: GROUP I: REPAIR AND ROUTINE MAINTENANCE SERVICES
Line: 1.1
Description: Quarterly Routine Maintenance Services for Chillers and Air Handlers Pursuant to
Section 3.1, Specifications/Scope of Work herein.
Category: 91036-00
Unit of Measure: Quarter
Unit Price: $ Number of Units: 4 Total: $
Manufacturer
Model Number
Supplier Part Number
Line: 1.2
Description: Annual Routine Maintenance Services for Chillers and Air Handlers Pursuant to
Section 3.1, Specifications/Scope of Work herein.
Category: 91036-00
Unit of Measure: Year
Unit Price: $
Manufacturer
Model Number
Supplier Part Number
Line: 1.3
Number of Units: 1 Total: $
Description: Monthly Routine Maintenance Services for Chillers and Air Handlers Pursuant to
Section 3.1, Specifications/Scope of Work herein.
Category: 91036-00
Unit of Measure: Month
Page 5 of 57
Unit Price: $ Number of Units: 12 Total: $
Manufacturer
Model Number
Supplier Part Number
Line: L4
Description: Regular Journeyman Labor Rate for Repair Services, Monday -Friday, 8:00 am -
5:00 pm., Pursuant to Section 3.1, Specifications/Scope of Work herein.
Category: 91036-00
Unit of Measure: Hour
Unit Price: $
Line: 1.5
Number of Units: 600 Total: $
Description: Overtime Journeyman Labor Rate for Repair Services, Monday -Friday, 5:00 pm -
8:00 am, Weekends and Legal Holidays Twenty Four (24) Hours Pursuant to Section 3.1,
Specifications/Scope of Work herein.
Category: 91036-00
Unit of Measure: Hour
Unit Price: $
Line: 2
Number of Units: 166 Total: $
Description: GROUP II: REPAIR AND ROUTINE MAINTENANCE SERVICES
Line: 2.1
Description: Quarterly Routine Maintenance for Condensers and Air Handlers Pursuant to
Section 3.1, Specifications/Scope of Work herein.
Category: 91036-00
Unit of Measure: Quarter
Page 6 of 57
Unit Price: $ Number of Units: 4 Total: $
Manufacturer
Model Number
Supplier Part Number
Line: 2.2
Description: Annual Routine Maintenance Services for Condersers and Air Handlers Pursuant to
Section 3.1, Specifications/Scope of Work herein.
Category: 91036-00
Unit of Measure: Year
Unit Price: $
Manufacturer
Model Number
Supplier Part Number
Line: 2.3
Number of Units: 1 Total: $
Description: Monthly Routine Maintenance Services for Condensers, Air Handlers, Cooling
Towers and Chillers pursuant to Section 3.1, Specifications/Scope of Work herein.
Category: 91036-00
Unit of Measure: Month
Unit Price: $
Manufacturer
Model Number
Supplier Part Number
Number of Units: 12 Total: $
Page 7 of 57
Line: 2.4
Description: Regular Journeyman Labor Rate for Repair Services, Monday -Friday, 8:00 am -
5:00 pm., Pursuant to Section 3.1, Specifications/Scope of Work herein.
Category: 91036-00
Unit of Measure: Hour
Unit Price: $
Line: 2.5
Number of Units: 600 Total: $
Description: Overtime Journeyman Labor Rate for Repair Services, Monday -Friday, 5:00 pm -
8:00 am, Weekends and Legal Holidays, Twenty Four (24) Hours Pursuant to Section 3.1,
Specifications/Scope of Work herein.
Category: 91036-00
Unit of Measure: Hour
Unit Price: $
Number of Units: 166 Total: $
Page 8 of 57
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Table of Contents
Terms and Conditions 11
1. General Conditions 11
1.1. GENERAL TERMS AND CONDITIONS 11
2. Special. Conditions 31
2.1. PURPOSE 31
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 31
2.3. PRE -BID MEETING AND SITE INSPECTIONS 31
2.4, TERM OF CONTRACT 31
2.5. CONDITIONS FOR RENEWAL 31
2.6. EQUITABLE ADJUSTMENT 32
2.7. NON -APPROPRIATION OF FUNDS 32
2.8. METHOD OF AWARD 32
2.9. BIDDERS MINIMUM QUALIFICATIONS 32
2.10. CERTIFICATE OF COMPETENCY 33
2.11. FAILURE TO PERFORM 33
2.12. INSURANCE REQUIREMENTS 33
2.13. PAYMENTS RELATED TO GUARANTEE OBLIGATIONS 35
2.14. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS 35
2.15. CONTRACT ADMINISTRATOR 35
2.16. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED 35
2.17, SUBCONTRACTOR(S)°S MINIMUM REQUIREMENTS 36
2.18. WORKMANSHIP AND MATERIALS 36
2.19. TIE BIDS 36
2.20. USE OF PREMISES 37
2.21. DAMAGES TO PUBLIC/PRIVATE PROPERTY 37
2.22. HOURLY RATE (FOR REPAIRS OUTSIDE THE ROUTINE MAINTENANCE PORTION OF
THE CONTRACT) 37
2.23. OVERTIME (FOR REPAIRS OUTSIDE THE ROUTINE MAINTENANCE PORTION OF THE
CONTRACT) 37
2.24. PARTS AT PASS -THROUGH COST (FOR REPAIRS OUTSIDE THE ROUTINE
MAINTENANCE PORTION OF THE CONTRACT) 38
2.25. WARRANTY, FITNESS FOR PURPOSE 38
2.26. REFERENCES 38
2.27. SPECIFICATION EXCEPTIONS 38
2.28. SAFETY MEASURE 39
2.29. QUALITY OF WORK 39
2,30. TERMINATION 39
2.31. ADDITIONAL TERMS AND CONDITIONS 40
2.32. PRIMARY CLIENT (FIRST PRIORITY) 40
2.33. LICENSES AND PERMITS 40
2.34, EMPLOYEES 40
2.35. SUPERVISORY MEETINGS/CONTACTS 41
2.36. NOTIFICATION TO PERFORM WORK 41
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2.37. DOCUMENTATION 41
2.38. DELAYS 41
2.39. LIQUIDATED DAMAGES IN CASE OF DELAY OR LOSS OF USE 41
2,40. ACCEPTANCE OF WORK 41
2.41. WORKMANSHIP AND MATERIALS 42
2.42. INVOICING 42
2.43. CONTRACTORS USE OF PROJECT SITE 42
2.44. CITY OCCUPANCY 42
2.45. GENERAL REQUIREMENTS 43
2.46. SAFETY PRECAUTIONS 43
2.47. EXAMINATION OF THE WORK 43
2.48. EMERGENCY SERVICE/CONTACT 44
2.49. FINAL CLEAN-UP 44
2.50. APPLICABLE STANDARDS 44
2.51. LEGAL HOLIDAYS 44
3. Specifications 45
3,1. SPECIFICATIONS/SCOPE OF WORK 45
Page 10 of 57
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Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services
with an estimated aggregate cost of $25,000.00 or more.
Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for
Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida
Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal
solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the
good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be
fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the
City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order
upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be
considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the
City of a purchase order.
1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of
after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the
event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a
written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer
who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time
contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal
solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in
any or all responses and may, at its discretion, re -issue this formal solicitation,
1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available
at the City's website at: http://www.ci.miami.fl,us/procurement
1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED.
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
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
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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.
G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such
combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the
minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the
right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the
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City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's
best interests, and will be subject to approval as to legal form by the City Attorney.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety
company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is
required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees
that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to
bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to
Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all
surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after
the award and successful bidder's/proposer' s acceptance of award. If sixty (60) days have passed after the date of the
formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) All forms should be completed, signed and submitted
accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file
an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the
award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in
mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or
Proposal most advantageous to the City or all responses may be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing
the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not
wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an
approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory
information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the
item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise
specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the
City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If
samples should be requested, such samples must be received by the City no later than seven (7) calendar days after
a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing,
In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers
and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or
prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the
contractor must assume. The City willnot be obligated to reimburse amortized or unamortized capital expenditures,
or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures
during the time it is rendering such goods/services, it shall not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable
for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for,
or on account of, any stoppages or delay inthe 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
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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.
L19. 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:
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:
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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 researchregarding 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 obtaina copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act
and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application
when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to
the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially
interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such
interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you
must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or
more of the total assets of capital stock in your firm.
A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may
be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for
himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of
the general public and gained by reason of his/her/its position, except for information relating exclusively to
governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person
or business entity.
B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the
City or any person or agency acting for the City, and has not appeared in representation of any third party before any
board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it
is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission;
(ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City.
C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional
services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law.
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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 contractorsshall be exercised in accordance with regulations which shall be issued
by the Chief Procurement Officer after approvalby the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits provided in a
Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which.
the violation remains noncompliant..
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a
civil penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
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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 parts 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 bankniptcy 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
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
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to comply with these requirements may deem a Response non -responsive.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response
shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions.
Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s)
during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by
the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal
Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be
found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the
purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications,
or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the
following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster
situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this
formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform
for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of
Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written
agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and
represents the entire understanding and agreement between the parties with respect to the subject matter hereof and
supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the
extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the
Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may
be modified only by a written agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance
only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The
City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates
may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting
specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower
prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates or conceals any material fact in the Response ;
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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 Faunal Solicitation. Bidder/Proposer must be able to demonstrate a
satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility,
personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as
used herein shall be construed to mean a fully equipped and well established entity in line with the best industry
practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications and
abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental
entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized
representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal
Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to
the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be
cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and
conditions of the resulting agreement it may lead to terminating negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by
the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in
the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for
rejection of bid/proposal.
1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will
be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices
will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed
or supplied over a period of time.
1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that
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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 lst.
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 deseription(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.
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,
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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
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
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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 evaluationcriterion 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
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.
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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
will be considered in response to this Formal Solicitation.
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
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circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such
provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and
each provision of this Contract shall be valid and enforced to the fullest extent permitted by law.
1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment
Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100°A) of the contract
price.
1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed
amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be
at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer
shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on
the face page and on each continuation sheet thereof on which he/she makes an entry, as required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging,
handling and shipping, and F.O,B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer
shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits
normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit
Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended
Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit
price will be presumed correct.
C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or
services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with
the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature.
Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the
response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful
Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS
OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY
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.
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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
287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all
documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes,
and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of
Section 119.0701, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refusal to comply
with the provision of this section shall result in the immediate cancellation of this Contract by the City.
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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
Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered
filedwhen 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
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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 anaward 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.
(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
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City Manager makes a written determination that the solicitation process or the Contract award must be continued
without delay in order to avoid an immediate and serious danger to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's
check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or
$5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which maybe 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,
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.
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Directions to City Hall:
FROM THE NORTH: 1-95 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.
B. The City has determined that such terminationwill be in the best interest of the City to terminate the contract for
its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon
the availability of appropriate funds.
1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a
Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or
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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 WORD 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.
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for Air Conditioning Maintenance and Repair
Services -Citywide, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations
of the solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Procurement Department, Attn: Teresa Soto; fax: (305) 400-5024 or email: tsoto@miamigov.com, and a copy filed
with the Office of the City Clerk, pursuant to Section 1.34. Cone of Silence. The solicitation title and number shall
be referenced on all correspondence. All questions must be received no later than Wednesday, June 29, 2016 at 4:00
PM. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO
QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.3. PRE -BID MEETING AND SITE INSPECTIONS
A Mandatory pre -bid conference will be held on Wednesday, June 22, 2016 at 10:00 AM at Jose Marti Gym, 434
SW 3 Ave, Miami, FL 33130, followed by an inspection of the equipment at this site. Attendees must meet in lobby
of the referenced address. The purpose of the pre -bid conference is to allow potential bidders an opportunity to
present questions to staff and obtain clarification of the requirements of the bid documents.
It is the bidder's responsibility, prior to submitting a bid, to visit all sites and acquaint himself/herself thoroughly,
regarding any and all conditions and/or requirements that may in any manner affect the work to be performed. The
bidder is also required to examine carefully the specifications and be thoroughly informed regarding any and all
conditions and requirements that m.ay in any manner affect the work to be performed under the contract. No
allowances will be made because of lack of knowledge of these conditions. Bidders may schedule site visits with the
Contract Administrator, Javier Olivera at jolivera@miamigov.com.
2.4. TERM OF CONTRACT
The Contract shall commence uponthe date of notice of award and shall be effective for three (3) years with the
option to extend for two (2) additional one (1) year periods, subject to the availability of funds for succeeding fiscal
years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.5. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions established
herein.
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(2) Availability of fiends
2.6. EQUITABLE ADJUSTMENT
The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or
pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is,
by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the
Successful bidder(s) control, (2) the volatility affects the marketplace or industry, not just the particular contract
source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the
Successful bidder(s) that continued performance of the contract would result in a substantial loss. Successful
bidder(s) might have to supply documentation to justify any requested percentage increase in cost to the City of
Miami.
2.7. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this contract, then the City, upon written notice to Successful Bidder or his assignee
of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the
City. No guarantee, warranty or representation is made that any particular or any project(s) will be awarded to any
firm(s).
2.8. METHOD OF AWARD
Award of this contract will be made to the lowest responsive and responsible bidder on a group by group basis, who
bids on all items within a group and whose bid offers the lowest price when all items in the group are added in the
aggregate. If bidder fails to bid on all items within a group its bid will be declared non -responsive for that group.
2.9. BIDDERS MINIMUM QUALIFICATIONS
In order to maintain the City's property at a high level, the City is seeking qualified bidders who have experience
and provide quality service. Bids shall be considered only from firms that are regularly engaged in the business of
providing services as described herein. The Bidder shall:
A. Have been in the business of commercial air conditioning maintenance and repair in good standing for not less
than three (3) years.
B. Possess a facility, or facilities, within City limits to enable its technician(s) a timely response to emergency and
non -emergency calls in compliance with the following:
1. Emergency: Within one (1) hour;
2. Non -Emergency: Within four (4) hours;
3. Project Estimates: Within two (2) days;
4. Emergency Project Estimates: Within one (1) day.
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C. Provide personnel to perform said services on City facilities who possess the following licenses: Miami -Dade
County Air Conditioning Mechanical Journeyman license or Journeyman General Mechanical license, and EPA 608
Technical Program. Certification. Current licenses should be provided with bid, and no personnel shall service City
facilities without said licenses.
Proof of holding such License shall be submitted at the time of bid submission. Failure to provide such proof
at time of bid submission may result in bid being deemed non -responsive. Successful Bidder must maintain
such licenses throughout the term of the contract, renewals and extensions thereof.
D. Have no record of pending lawsuits or criminal activities and not have any conflicts of interest which may be of
embarrassment to the City.
E. Not submit a bid should the Successful Bidder 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 or surety otherwise, upon any obligation to the City,
and/or has failed to perform faithfully any previous contract with the City.
2.10. CERTIFICATE OF COMPETENCY
Any person, firm, corporation or joint venture who offers a bid, at the time of such bid, shall hold a valid Certificate
of Competency or License for Air Conditioning Mechanical issued by the State or County Examining Board
qualifying saidperson, firm, corporation or joint venture to perform the work proposed. If any or all work required
in conjunction with this bid is performed by a subcontractor(s), an applicable Certificate of Competency issued to
the subcontractor(s) shall be submitted with the Bidder's proposal. A copy of the certificate must be submitted with
the bid proposal. Failure to submit this document may render this bid non -responsive.
2.11. FAILURE TO PERFORM
Should it not be possible to reach the Successful Bidder or supervisor and/or should remedial action not be taken
within 48 hours of any failure to perform according to specifications, the City reserves the right to declare
Successful Bidder in default of the contract or make appropriate reductions in the contract payment.
2.12. INSURANCE REQUIREMENTS
INDEMNIFICATION
Successful 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 Successful Bidder's performance
under the provisions of the contract, including all acts or omissions to act on the part of Successful Bidder, including
any person performing under this Contract for or on Successful 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 Successful Bidder shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor,
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Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which
meets the requirements as outlined below:
(1) Worker's Compensation
A. Limits of Liability - Statutory - State of Florida
(2) Commercial General Liability (Primary and Non -Contributory):
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. Products and Completed Operations and Fire Damage: $1,000,000.
B. Endorsements Required:
City of Miami included as an Additional insured.
Contingent and Contractual Liablity
Primary Insurance Clause Endorsement
Explosion, Collapse & Underground Hazard
(3) BusinessAutomobile Liability
A. Limits of Liability
Bodily injury and property damage liability combined single limits. Any Auto, including hired, borrowed
or owned, or non -owned autos used in connection with the work - $1,000,000
B. Endorsements Required:
City of Miami included as an Additional Insured
BINDERS ARE UNACCEPTABLE.
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.
The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals,
which most nearly reflect the operations of the Successful Bidder.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength,
by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent, All policies and/or certificates of insurance are subject to review and verification by Risk Management
prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written
advance notice to the certificate holder,
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the Successful 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
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of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which cover the
contractual period, the City shall:
(4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner
prescribed in the Invitation To Bid.
(5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the
Successful Bidder in conjunction with the General and Special Terms and Conditions of the Bid.
The Successful 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 Successful Bidder.
2.13. PAYMENTS RELATED TO GUARANTEE OBLIGATIONS
The City may withhold from payments to be made such sums as deemed reasonably necessary to ensure completion
of the Work with respect to defective work, equipment or materials which may be identified by the Contract
Administrator.
The City may deduct from any payment due the Successful Bidder an amount equal to its cost incurred on account
of the Successful Bidder's failure to fully perform its obligations under this Contract.
The Contract Administrator, prior to withholding or deducting any monies hereunder, shall give the Successful
Bidder notice of the defective work, equipment or material and the basis for the withholding or deduction.
Upon the Contract Administrator's determination that the Successful Bidder has fulfilled his obligations, the City
will pay the Successful Bidder any sum so retained, subject to Successful Bidder's submission of, or compliance
with any remaining documentation or obligation, as the case may be, in accordance with this Contract.
2.14. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS
Although this Solicitation identifies specific facilities/items/products to be serviced, it is hereby agreed and
understood that any facility/item/products may be added/deleted to/from this contract at the option of the City.
When an addition to the contract is required, the Successful bidder(s) under this contract shall be invited to submit
price quotes for these new services/items/products. If these quotes are comparable with market prices offered for
similar services/items/products, they shall be added to the contract whichever is in the best interest of the City and
an addendum and a separate purchase order shall be issued by the City.
2.15. CONTRACT ADMINISTRATOR
Upon award, the Successful Bidder shall report and work directly with Javier
Olivera, JOlivera@miamigov.com, who shall be designated as the Contract Administrator.
2.16. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED
As part of its Bid, the Successful Bidder is required to identify any and all Subcontractors that will be used in the
performance of the proposedcontract, their capabilities, experience, minority designation, as defined in Ordinance
10062 and the portion of the work to be done by the Subcontractor. Failure to identify any and all subcontractors in
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the Bid shall render the Bid non -responsive; unless, the low bidder submits this documentation to the City within
five (5) working days after the bid opening.
The Successful Bidder shall not, at any time during the tenure of the contract, subcontract any part of his operations
or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their Bid, except under
and by virtue of permission granted by the City, in writing, through the proper officials.
Nothing contained in this specifications shall be construed as establishing any contractual relationship between any
subcontractor and the City.
The Successful Bidder shall be fully responsible to the City for the acts and omissions of the subcontractor and their
employees, as for acts and omissions of persons employed by the Successful Bidder.
2.17. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS
Successful Bidder must list any or all subcontractor(s) that may be utilized to assist in the performance of the work
specificied herein. Any subcontractor(s) listed must meet the same requirements and submit the same information
listed under the Bidder's Minimum Qualifications section. All information required shall be included in the
solicitation response. If Successful Bidder does not include any subcontractor(s) as part of its bid submittal, it will
be construed that Successful Bidder will be able to handle the entire workload by itself and will not be allowed to
subcontract any of the work unless Successful Bidder requests in writing the hiring of subcontractor(s) with the
aforementioned requirements attached to its request within seventy two (72) hours of considering hiring
subcontractor(s). The City will grant or deny such request in writing within forty-eight (48) hours of receiving said
request.
2.18. WORKMANSHIP AND MATERIALS
All parts installed and materials used in performance of this contract shall be new and unused (of current design or
manufacture). Salvage materials will not be allowed without the written consent of the City. All materials and
workmanship shall be of the highest quality and shall conform to all applicable Building Codes, so as to ensure safe
and functional operation. The City shall be the sole judge as to parts and workmanship.
2.19. TIE BIDS
Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for
the procurement of commodities or contractual services, a Bid received from a business that certifies that is has
implemented a drug -free workplace program shall be given preference in the award process. Established procedures
for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to
have a drug -free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against
employees for violations of such prohibition,
(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a
drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations,
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(3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of
the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and
will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or
of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later
than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program, if suchis available in the employee's community, by any employee who is so convicted.
(6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section.
2.20. USE OF PREMISES
The Successful Bidder 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 Successful Bidder shall take all measures
necessary to protect his own materials.
2.21. DAMAGES TO PUBLIC/PRIVATE PROPERTY
The Successful Bidder 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
Successful Bidder, 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).
2.22. HOURLY RATE (FOR REPAIRS OUTSIDE THE ROUTINE MAINTENANCE PORTION OF THE
CONTRACT)
The hourly rate quoted shall include full compensation for labor, equipment use, travel time, and any other cost to
the Successful Bidder and shall be seperate and apart from any routine inaintenance service.
Journeyman hourly labor rates are specified as follows:
Regular Rate —Hourly rate for straight time repairs, i.e., from 8:00 A.M. to 5:00 P.M., Monday through Friday
(rate is to include labor and travel, parts are not included).
Overtime Rate —Hourly rate for overtime repairs, i.e., between 5:00 P.M. and 8:00 A.M. Monday through Friday
and 24 hours on weekends and legal holidays, (rate to include labor and travel, parts not included).
2.23. OVERTIME (FOR REPAIRS OUTSIDE THE ROUTINE MAINTENANCE PORTION OF THE
CONTRACT)
The City shall allow overtime payment at a maximum rate of one and a half times the regular hourly wages quoted
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by the bidder. This allowance shall only be provided in those instances where expressly authorized by a
representative of the City prior to the commencement of the overtime work. Further, overtime work shall not be
allowed during the normal work day.
2.24. PARTS AT PASS -THROUGH COST (FOR REPAIRS OUTSIDE THE ROUTINE MAINTENANCE
PORTION OF THE CONTRACT)
All cost for parts required for repair jobs and not otherwise included in the routine maintenance section of the
Specifications shall be billed at the successful Bidder's actual cost, and will be passed on to the City without
markup or any additional fees. Successful Bidder shall submit purchase receipt of parts along with labor invoice for
payment.
Successful Bidder shall be responsible for sourcing all parts necessary to complete the work requirements of each
job specification(s) of this contract. Replacement parts furnished must be of the same manufacturer or an equal
product. All equipment and materials shall be commercial quality and grade, and be from a regular product line.
Prototype, obsolete, and residential quality/grade equipment shall not be specified or installed in the facility.
2.25. WARRANTY, FITNESS FOR PURPOSE
The Successful Bidder warrants the materials supplied and the work performed under this contract conform to
warranty materials provided and work performed for one (1) year from date of completion.
In addition to all other warranties that may be supplied by the Successful Bidder, the Successful Bidder shall warrant
its products and/or service against faulty labor and/or defective material for a minimum period of one (1) year after
the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain
in force for the full one (1) year period; regardless of whether the Successful Bidder is under contract with the City
at the time of any defect. Any payment by the City on behalf of the goods or services received from the Successful
Bidder does not constitute a waiver of these warranty provisions.
The Successful Bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within five
(5) calendar days after the City notifies the successfiil Bidder of such deficiency in writing. If the Successful Bidder
fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified,
the City may, at its discretion, notify the Successful Bidder, in writing, that the Successful Bidder may be debarred
as a City bidder and/or subject to contractual default if the corrections or replacements are not completed to the
satisfaction of the City within ten (10) calendar days of receipt of the notice. If the Successful Bidder fails to satisfy
the warranty within the period specified in the notice, the City may (a) place the Successful Bidder in defaults of its
contract, and/or (b) procure the products or services from another Bidder and charge the Successful Bidder for any
additional costs that are incurred by the City for this work or items; either through a credit memorandum or through
invoicing.
2.26. REFERENCES
Each bid must be accompanied by a list of three (3) references, as reflected in the Header/Attributes Section of this
Solicitation, which shall include the name of the company, dates of contract, description of goods/services supplied,
a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST,
2.27. SPECIFICATION EXCEPTIONS
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Specifications are based on the most current literature available. Successful Bidder shall notify the City of
Miami Procurement Department, in writing, no less than ten (10) days prior to solicitation closing date of any
change in the manufacturers' specifications which conflict with the specifications. For hard copy bid submittals,
bidders must explain any deviationfrom the specifications in writing as a footnote on the applicable specification
page and enclose a copy of the manufacturer's specifications data detailing the changed item(s) with his/her
submission. For electronic bid submittals, bidders must explain in the Header Section or by an Attachment and, if
applicable, enclose a scanned copy of the manufacturer's specifications data detailing the changed item(s) with
his/her submission. Additionally, bidders must indicate any options requiring the addition of other options, as well
as those which are included as a part of another option. Failure of bidders to comply with these provisions will result
in bidders being held responsible for all costs required to bring the item(s) in compliance with contract
specifications.
2.28. SAFETY MEASURE
Successful Bidder 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 Successful Bidder shall be expected to wear safety glasses or goggles, appropriate clothing, and
hearing protection when and wherever applicable. The Successful Bidder shall use only equipment that is fully
operational and in safe operating order. Successful Bidder shall be especially careful when servicing property when
pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed.
2.29. QUALITY OF WORK
All work shall be performed using superior maintenance standards and techniques. The frequencies established for
repetitive maintenance tasks are minimum frequencies, which must be increased if deemed necessary and requested
by the City.
2.30. TERMINATION
A. FOR DEFAULT
If Successful Bidder defaults in its performance under this Contract and does not cure the default within (thirty) 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 Successful Bidder 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 Successful Bidder was not in default or (2) the Successful Bidder'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 (thirty) 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 Successful Bidder 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
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rendered prior to termination.
2.31. 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 authorized signature affixed to the bidder's acknowledgment form 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 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.
2.32. PRIMARY CLIENT (FIRST PRIORITY)
The Successful bidder(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) may have with any other cities and/or counties to perform similar services as a result of any catastrophic
events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or
approximately the same time,
2.33. LICENSES AND PERMITS
Services performed for the City will require licenses and permits in the same manner as private air conditioning
maintenance projects within the City. The Successful Bidder shall secure, at his/her expense, all licenses and permits
and shall fully comply with all applicable laws, regulations and codes as required by the State of Florida, county, or
local agency.
The Successful Bidder must fully comply with all federal and state laws, county and municipal ordinances, and
regulations in any manner affecting the prosecution of the work, Any fines or penalties to the Successful Bidder
shall be paid at the Successfitl. Bidder's expense.
2.34. EMPLOYEES
Work shoes (footwear which fully covers and protects the entire foot) shall be worn at all times as well. Shorts, tom
and/or dirty clothing, cut-off T-shirts, and the like, and clothing with unacceptable verbiage, as determined by the
City, shall not be worn,
The employee(s) shall at all times wear his / her company issued identification badge. Should the contractor not
issue such a form of identification, the employee(s) shall wear an issued badge from the facility being serviced. The
facility may require both a facility badge and a company badge.
The Successful Bidder's employee(s), regardless of the nature of the call, shall always identify him / herself to the
lobby security, request to speak with the facility liaison, and sign in and out.
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2.35. SUPERVISORY MEETINGS/CONTACTS
The Successful Bidder shall provide an executive -level manager representative to meet with the City's facility
liaison and/or his/her representative on a regular basis, at the discretion of the City, for the purpose of reviewing
contract compliance and performance. Meetings can take place on weekly basis; however, it is anticipated meetings
will be conducted on a monthly to quarterly basis.
The Successful Bidder shall supply the name and telephone numbers, home and office, of at least two (2) company
individuals with the authority to make management decisions and who can be reached at any time.
2.36. NOTIFICATION TO PERFORM WORK
The Successful Bidder shall notify the City's facility liaison when an employee is on the property and for what
purpose.
2.37. DOCUMENTATION
The Successful Bidder shall leave with the City's facility liaison a copy of the service order and/or other applicable
documentation of the visit. This documentation shall reflect, in detail, the work performed and recommendations, if
any. In the case of unscheduled visits, the documentation of the same shall be left wtih the City's facility liaison or
his/her representative, should the liaison not be available.
2.38. DELAYS
The Successful Bidder shall notify the City of any actual or potential delays in any maintenance or repairs.
2.39. LIQUIDATED DAMAGES IN CASE OF DELAY OR LOSS OF USE
The Successful Bidder is obligated and guarantees to meet the stipulated completion date(s) set forth in any work
order. In the event of a dealy in Substantial Completion beyond the date set forth by the Contract Administrator, as
such time may be extended by the City as provided in this Contract, the City shall be paid for damages for such
delay, or loss of use. In as much as the amount of such damages and the loss to the City will be extremely difficult
to ascertain, it is hereby expressly agreed that such damages will be liquidated and paid as follows:
The Successful Bidder shall pay to the City liquidated damages in the amount of $100.00 for each and every day of
unexcused delay, except Sundays and Holidays, which is hereby agreed upon not as a penalty but as liquidated
damages.
The City shall have the right to deduct such liquidated damage assessments from any monies due or which may
thereafter become due to the successful Bidder under this Contract; and in case the amount which may become due
hereunder shall be less than the amount of liquidated damages due to the City, the Successful Bidder shall pay the
difference upon demand by the City.
Should the Successful Bidder not pay the differences to the City, the City may also deny the successful Bidder any
future work under this Contract or any other Contract until the difference is paid to the City.
2.40. ACCEPTANCE OF WORK
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Should any work not meet the expectations of the City and/or the departmental liaison, the Successful Bidder shall
be required to correct the fault or faults at his/her expense in both time and material.
2.41. WORKMANSHIP AND MATERIALS
All parts installed and materials used in performance of this contract shall be unused, new (of current design or
manufacture). Salvage materials will not be allowed without the express consent of the City. All materials and.
workmanship shall be of the highest quality and shall conform to all applicable Building Codes, so as to ensure
safe and functional operation. The City shall be the sole judge as to parts and workmanship.
2.42. INVOICING
Invoices submitted for payment by the City shall contain purchase order number; work order number, if applicable;
details of service(s) performed; number of labor hours for each worker; hourly rate for each workder; total man
hours billed; and material/parts furnished and actual cost itemized separate from the labor rates and numbers of labor
hours. Copies of invoices or other appropriate documentation including available receipts for materials/parts
purchased or supplied shall be provided for each job to support their actual costs prior to reimbursement. Failure to
itemize the aforementioned will result in the invoice being returned for adherence to the same.
Material cost including unit prices shall be listed as separate item(s). Materials, parts or equipment installed shall be
invoiced. at Successful Bidder's actual cost to include any and all discounts offered by his/her supplier. Material
prices submitted are subject to verification by the City.
Failure to submit any required documentation, including properly prepared invoices and/or should the City
determine the invoice to differ from the actual work performed, the City will not be responsible for payment of
such. The City will only be responsible for payment of actual work performed, and upon properly submitted
invoices/documentation.
2.43. CONTRACTOR'S USE OF PROJECT SITE
The Successful Bidder shall limit its use of the facility or premises to the Scope of Work, so as to allow for the
City's continuous operation. This is necessary as the various sites where the work will be performed will remain in
operation during that time.
The Successful Bidder shall:
A. Confine operations at the sites to the areas permitted under the Scope of Work; not disturb portions of
the site beyond the specified areas; conform to site rules and regulations affecting the work;
B. Keep existing driveways and entrances serving the facility clear and available to the City and its
employees at all times; not use areas for parking and/or storage or materials except as authorized by the
Contract Administrator;
C. Assume all responsibility for its tools, equipment and materials, including any materials purchased for
the work and not accepted by the City, and it vehicles while performing work for the City and/or while
parked at a City facility. The City assumes no liability;
D. Keep areas such as hallways, stairs, elevator lobbies and toilet rooms free from accumulation of waste
materials, rubbish or construction debris.
2.44. CITY OCCUPANCY
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The City may occupy all or any portions of the facility during the entire period of work. The Successful Bidder
shall cooperate fully with the Contract Administrator during the work to minimize conflicts and to facilitate City
operations and the operations of any other contractors.
2.45. GENERAL REQUIREMENTS
The Successful Bidder agrees that the Successful Bidder shall at all times employ, maintain and assign to the
performance of the work a sufficient number of competent and qualified professionals and other personnel to meet
the requirements of the work to be performed.
The Successful Bidder agrees to adjust staffing levels or to replace any staff personnel if so ordered by the City,
should the City make a determination in it sole discretion, that said staffing is inappropriate or that any individual is
not performing in a manner consistent with the requirements for such position,
The Successful Bidder warrants and represents that its staff personnel have proper skill, training, background,
knowledge, experience, rights, authorizations, integrity, character and licenses as necessary to perform the work, in a
competent and professional manner.
The Successful Bidder shall at all times cooperate with the City and coordinate its respective work efforts to most
effectively progress the performance of the work.
The City and other agencies authorized by the City, shall have free access at all times to the work site.
Staff personnel shall be employees of the Successful Bidder, who shall be responsible for deducting all taxes and
payments of workman's compensation and unemployment insurance.
2.46. SAFETY PRECAUTIONS
The Successful Bidder must adhere to the applicable environmental protection guidelines for the entire duration of
the work. If hazardous waste materials are used, detected or generated at any time, the Contract Administrator must
be immediately notified of each and every occurrence. Successful Bidder shall comply with all codes, ordinances,
rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, Miami -Dade
County PDR South Florida Building Code) which bear on the performance of the work.
The Successful Bidder shall take the responsibility to ensure that all work is provided with the adequate safeguards,
including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades and ladders, that are
necessary for the protection of their employees, as well as the pubic and City employees. All riggings and
scaffolding shall be of good sound materials, of adequate dimensions for its intended use, and substantially braced,
tied or secure to insure absolute safety for those required to use it, as well as those in the vicinity. All riggings,
scaffolding and ladders must be OSHA approved.
If an emergency condition should develop during work, the Successful Bidder must immediately notify the Contract
Administrator of each and every occurrence. The Successful Bidder should also recommend any appropriate
courses of action to the Contract Administrator.
2.47. EXAMINATION OF THE WORK
The City shall be furnished with every means to verify whether or not the materials and work are in accordance
within the requirements and intent of these specifications. Failure to reject or condemn defective work at the time it
is done will not prevent its rejection whenever it is discovered before the project is finally approved and accepted.
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2.48. EMERGENCY SERVICE/CONTACT
The successful Bidder will provide the City with evening, weekend, and holiday service, as necessary, to cope with
an emergency situation which threatens public health and safety, as determined by the City. The Successful Bidder
shall be immediately available via a twenty-four (24) hour, seven (7) days per week phone service. It is expected
that non-scheduled requests for service (emergency calls, etc.) shall be responded to within one (1) hour after the
call is made to the service or directly to the Successful Bidder.
The Successful Bidder shall ensure that the facility liaison has the pager and home telephone numbers of all
employees assigned, or who would be called to the facility, and the designated employees shall be directed to
respond to direct calls from the facility liaison, his/her representative, or other designated individual(s).
2.49. FINAL CLEAN-UP
Upon completion of the work and before acceptance and final payment is made, the Successful Bidder shall clean,
remove, and properly dispose of from the premises, all surplus and discarded materials, rubbish, and temporary
structures, and shall restore in an acceptable manner all property, both public and private, which has been damaged
during the performance of the work, and shall leave the work in a neat and presentable condition.
2.50. APPLICABLE STANDARDS
The City reserves the right to reject work or materials if it does not meet the requirements set forth in these
Specifications, and must meet the requirements set forth herein upon arrival at the site, at the time services are
rendered, at the time of final inspection, and upon acceptance of completed project.
There shall be no substitution of equipment or materials unless authorized in writing, in advance, by the City of
Miami.
The Successful Bidder shall have labor crews controlled and directed by a foreman who will provide coordination
between the job site and the City.
2.51. LEGAL HOLIDAYS
Legal holidays for the City of Miami include the following:
New Year's Eve
Martin Luther King's Birthday
President's Day
Memorial Day
Fourth of July
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Friday after Thanksgiving Day
Christmas Day
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3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
Successful Bidder shallprovide all labor, parts, materials and equipment, including crane, necessary for A/C repair
and maintenance for Carrier and other A/C systems, Citywide.
The repair services are dividied as follows:
Group I (Carrier Systems):
Group II (All other systems)•
A. Repair Services for Group I (Carrier A/C systems):
Successful Bidder shall:
1. Provide an emergency response time of one (1) hour and non -emergency response time of four (4) hours
(Failure by Successful Bidder to adhere to these response time requirements will place that Successful Bidder in
default of contract);
2. Be available for repair service to the City twenty four (24) hours a day, seven (7) days a week, year round.
Regular hours shall be from Monday to Friday between 8:00 AM to 5:00 PM. Overtime hours shall be between 5:00
PM to 8:00 AM, weekdays and 24 hours on Saturday, Sunday and legal holidays;
3. Provide itemized cost of labor, materials, parts, hourly rate and work hours required to complete job. All
invoices for repairs shall itemize the cost of labor, materials/parts, including the hourly rate, number of work hours
required to complete work, and Successful Bidder's actual cost for materials/parts;
4. Furnish a periodic quarterly report on the overall operating system conditions wtih recommendations for
improvements as indicated;
5. Perform all service and maintenance with OEM equipped service vehicle to minimize down time.
*Note: City reserves the right to seek out cost quotes of parts from Successful Bidder and other competitors.
Maintenance Group I (Carrier A/C System):
Successful Bidder shall perform quarterly checks of the Chillers, including, but not limited to the following services:
o Record pertienet system data alarm codes, pressures, temperatures, electrical readings necessary to
determine the existing operating conditions of the system;
o Tighten all motor terminals and control panel terminals;
o Check and clean condensor coils;
o Check and tighten electrical connections;
o Check for refrigerant leaks;
o Check safety controls;
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o Tighten and replace fan belts;
o Replace filters;
o Check for excessive vibration;
o Clean strainers and check hand valves;
o Replace refrigerant as needed;
o Clean exterior and perimeter of chiller.
Successful Bidder shall perform quarterly checks of the Air Handlers, including, but not limited to the
following services:
o Clean exterior of air handlers;
o Check software and adjust temperatures to meet park manager's requirements, check user setting and
re -adjust in software, if required, to meet gym's demands;
o Furnish a periodic quarterly report on the overall operating system conditions with recommendations
for improvements as indicated;
o Record all motor amperages/voltages entering/leaving air and entering/leaving water temperatures;
o Inspect drain pans and clean drains, add algae tabs to pans;
o Check fan motor operating conditions;
o Check and adjust VAV dampers;
o Check solenoid valves;
o Check and adjust inlet vanes;
o Clean return air diffusers inside gym;
o Inspect drain pan and line;
o Inspect fan blower wheel;
o Inspect drives sleeves;
o Check belt alignment, condition and tension;
o Lubricate;
o Check all bearings and mountings;
o Replace fan belts;
o Change air filters;
o Check for any excessive vibration/noises;
o Check motor operating condition;
o Check electrical connections and contacts;
o Check and adjust static pressure dampers;
o Check, report and correct alarms.
Successful Bidder shall perform annual checks of the Chillers, including, but not limited to the following services:
o Clean oil strainer and replace filter driers;
o Replace all sensors at chiller;
o Conduct vibration test;
o Check contactor for wear, replace if required;
o Take oil samples, analyze for acid, moisture;
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o Meg compressor;
o Check and clean system water strainers;
o Check software operation;
o Cheak all water hand valves for proper operation;
o Check pump operation;
o Check water pump operation, perform efficiency checck packing and mechanical seals for water
leakage, replace and adjust as required per manufacturer's recommendations, treat with rust inhibitor
paint.
Successful Bidder shall perform an annual check of the Air Handlers, including, but not limited to the
following services:
o Check for proper sensor operation at air handlers, replace if required;
o Clean fans in variable frequency drives;
o Replace starter contactors if required;
o Clean evaporator coils and interior filter cabinets;
o Test and clean smoke detectors;
o Check and tighten all electrical connections;
o Lubricate motor and fan bearings;
o Check software operation;
o Check insulation on pipes.
B. Repair Services for Group II (Other A/C systems):
Successful Bidder shall:
1. Have an emergency response time of one (1) hour and non -emergency response time of four (4) hours (Failure by
successful Bidder to adhere to these response time requirements will place that successful Bidder in default of
contract);
2. Be available for repair service to the City twenty four (24) hours a day, seven (7) days a week, year round.
Regular hours shall be from Monday to Friday between 8:00 AM to 5:00 PM. Overtime hours shall be between 5:00
PM to 8:00 AM, weekdays and 24 hours on Saturday, Sunday and legal holidays;
3. Provide itemized cost of labor, materials, parts, hourly rate and work hours required to complete job. All invoices
for repairs shall itemize the cost of labor, materials/parts, including the hourly rate, number of work hours required
to complete work, and successful Bidder's actual cost for materials/parts;
4. Furnish a periodic quarterly report on the overall operating system conditions wtih recommendations for
improvements as indicated;
5. Perform all service and maintenance with OEM equipped service vehicle to minimize down time.
Maintenance Group II (Other A/C systems):
Successful Bidder shall perform a quarterly check of the Condensers, including, but not limited
following services:
o Clean condenser coils;
0
he
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o Remove corrosion from surfaces and repaint;
o Check for refrigerant leaks;
o Inspect control panel wirings;
o Inspect motor operation;
o Check safety controls;
o Check for corrosion in control boards;
o Lubricate motor.
Successful Bidder shall perform a quarterly check of the Air Handlers, including , but not limited to the
following services:
o Furnish a periodic quarterly report on the overall operating system conditions with recommendations
for improvements as indicated;
o Record all motor amperages, voltages, entering/leaving air, entering/leaving water temperatures;
o Inspect drain pans, clean drains, add algae tabs to pans;
o Check fan motor operating conditions;
o Check VAV dampers;
o Check solenoid valves;
o Check and adjust inlet vanes;
o Check zone sensor, test and replace all faulty sensors;
o Check central control panel (CCP;
o Check and correct for proper computer assisted Trane software, report any changes required to keep
system operating efficiently;
o Check proper operation of the communicating bypass controllers, record static pressure and check for
proper communications with UCM;
o Check for proper operaton of the varitrac zone dampers with static pressure measuring device;
o Check actuator operation;
o Replace DDC zone sensors when necessary;
o Check for proper operation of the bypass damper operation and replace when required;
o Check operation of temperature sensors, replace if needed;
o Inspect drain pan and drain line;
o Inspect fan blower wheel;
o Inspect drive sleeves;
o Check belt alignment, condition and tension;
o Lubricate;
o Check all bearings and mountings;
o Replace fan belts;
o Clean air filters;
o Check for any excessive vibration or noises;
o Check motor operating condition;
o Check electrical connections and contacts;
o Check and adjust static pressure dampers;
o Check and report alarms, correct.
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Successful Bidder shall perform an annual check of the Condensers, including, but not limited to the
following services:
o Clean oil strainer and replace filter driers;
o Check contactor for wear, replace if required;
o Meg compressor;
o Check software operation;
o Check all water hand valves for proper operation;
o Take and analyze oil sample for acid and moisture;
o Replace contactors.
Successful Bidder shallperform an annual check of the Air Handlers, including, but not limited to the
following services:
o Check for proper sensor operation at air handlers, replace if required;
o Clean fans in variable frequency drives;
o Replace starter contactors if required;
o Clean evaporator coils adn interior filter cabinets;
o Test and clean smoke detectors;
o Check and tighten all electrical connections;
o Lubricate motor and fan bearings;
o Check software operation;
o Check insulation on pipes;
o Inspect fan blower wheel;
o Inspect drive sleeves;
o Check belt alignment, condition and tension;
o Lubricate;
o Check all bearings and mountings.
Successful Bidder shall perform a quarterly check of the Package Units, including, but not limited to the
following services:
o Furnish a periodic quarterly report on the overall operating system conditions with recommendations
for improvements as indicated;
o Record all motor amperages, voltages, entering/leaving air, entering/leaving water temperatures;
o Inspect drain pans, add algae tabs to pans;
o Clean drains;
o Check fan motor operating conditions;
o Check VAV controllers MAH_T;
o Check RTU controllers Machl;
o Check BacNet Router -Mach ProCom;
o Check Tridium Jace (Front End_Web Server);
o Check operation of temperature sensors, replace if required;
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o Inspect drain line;
o Inspect fan blower wheel;
o Inspect drive sleeves;
o Check belt alignment, condition and tension;
o Lubricate;
o Check all bearings and mountings;
o Replace fan belts;
o Change air filters;
o Check for any excessive vibration or noises;
o Check motor operating condition;
o Check electrical connections and contacts;
o Check and adjust static pressure dampers;
o Check and report alarms and correct;
o Clean condenser coils;
o Remove corrosion from any surface and repaint;
o Check for refrigerant leaks;
o Inspect control panel wiring;
o Inspect motor operation;
o Check safety controls;
o Check for corrosion in control boards;
o Check operation of frequency drives;
o Test operation.
Successful Bidder shall perform an annual check of the Package Units, including, but not limited to the
following services:
o Clean oil strainer and replace filter driers;
o Check contactor for wear, replace if required;
o Meg compressor;
o Check software operation;
o Check all water hand valves for proper operation;
o Take and analyze oil sample for acid and moisture;
o Clean condenser coils;
o Remove corrosion from any surface and repaint;
o Check for refrigerant leaks;
o Inspect control panel wiring;
o Inspect motor operation;
o Check safety controls;
o Check for corrosion in control boards;
o Lubricate motor;
o Check operation of frequency drives;
o Test operation;
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o Check for proper sensor operation at air handlers, replace if required;
o Clean fans in variable frequency drives;
o Replace starter contactors if required;
o Clean evaporator coils and interior filter cabinets;
o Test and clean smoke detectors;
o Check and tighten all electrical connections;
o Lubricate motor and fan bearings;
o Check software operation;
o Check insulation on pipes;
o Inspect fan blower wheel;
o Inspect drive sleeves;
o Change air filters;
o Check belt alignment, condition and tension;
o Lubricate;
o Check all bearings and mountings.
Successful Bidder shall perform a monthly check the Air Handlers, Cooling Tower, and Chiller, including, but not
limited to the following services;
o Replace belts as needed;
o Check and lubricated all moving parts;
o Clean condensate pump;
o Check refrigerant pressures and adjust if necessary;
o Check motor amperage and voltage;
o Clean condenser coils;
o Check operation of water pump and motor;
o Drain cooling tower and clean inside of tower including air baffle, once every six (6) months;
o Clean with stainless steel cleaner the exterior of cooling tower;
o Check and adjust fill valve and filters;
o Clean strainers;
o Identify visually any refrigerant leaks;
o Clean and treat excessive corrosion;
o Submit check list upon completion of maintenance, record of operation;
o Submit survey of effectiveness of equipment with recommendations for improvements periodically;
o Include materials and parts; and
o Provide written estimate of work required.
3.2 PARTS COVERED UNDER QUARTERLY MAINTENANCE
The quarterly maintenance shall include service, repair, and replacement of parts, including oil, chemicals, belts, air
filters, lubricants, tapes, motor, starters, motor rotors, motor stators, dip and brake motor winding, fan belts, blower
assemblies/wheels, hubs, bearings, drive sleeves, travel, tolls, and any all other materials/supplies used and as
necessary in the routine maintenance section of the contract. Additionally, maintainable components, such as,
switches, relays, valves, and any other parts based on equipment manufacturer's recommendation for routine
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expendable parts, normal yearly replacement parts and multi -year replacement parts, will be included in the
routine quarterly maintenance portion of this contract,
The Successful Bidder shall supply all the necessary parts and supplies required to perform the quarterly preventive
maintenance and service work for all the equipment listed herein at no additional cost to the City.
The Successful Bidder shall have access to immediate delivery for the purpose of providing unscheduled service
parts from a store and maintain stock parts.
All parts used for normal wear or failed parts shall be new and obtained from authorized parts suppliers of the
appropriate equipment manufacturers. All of the parts and materials shall be new and equal to and/or better than the
existing parts.
Notes:
1. Successful Bidder shall return the Contract Administrator's call within one (1) hour of a repair call being
placed. If Successful Bidder fails to return the call to the Contract Administrator within one (1) hour, this
shall mean the Successful Bidder is non -responsive. The Contract Administrator reserves the right to
terminate this contract after Successful Bidder is non -responsive for three (3) repair calls;
2. Same Day Emergency Repair- If repair is of urgent nature, it will be communicated to the Successful
Bidder. If Successful Bidder fails to arrive within one (1) hour of the emergency repair request, the
Successful Bidder will be found non -responsive. For emergency repairs, the Successful Bidder is expected
to fix the problem within a total time of five (5) hours, one (1) hour to return call and four (4) hours to
repair. The City reserves the right to terminate this contract after Successful Bidder is non -responsive to
three (3) repair requests;
3. Non -emergency Repairs- When Successful Bidder has been notified of work and it is not an emergency
repair, the Successful Bidder shall arrive at the work site within four (4) hours from the first point of
contact with the Contract Administrator. If Successful Bidder fails to arrive within four (4) hours of repair
request, the Successful Bidder will be found non -responsive. The City reserves the right to terminate this
contract after Successful Bidder is non -responsive to three (3) repair requests;
4. Successful Bidder shall be allowed four (4) hours maximum for emergency repairs. If repair will exceed
the four (4) hours, the Successful Bidder must obtain authorization from the Contract Administrator;
5. In the event repairs not covered in the Scope of Work are expected to exceed $5000.00, the Successful
bidder shall return an estimate the same day services is requested in order to obtain a Notice to Proceed for
Repairs. Once Notice to Proceed has been issued, Successful Bidder may begin process or purchasing
materials and repairs. No repair can be started without the Notice to Proceed.
**Note; Additional repairs outside the scope of work must be reported to the Contract Administrator prior to the
commencement of repair. No work shall be completed without the approval of the Contract Administrator or
Designee. All error codes including alarm and alerts shall be reported to the Contract Administrator or Designee.
***Note; LICENSES AND PERMITS: Services performed for the City will require licenses and permits in the same
manner as private construction projects within the City. The Successful Bidder shall secure, at his/her expense, all
licenses and permits and shall fully comply with all applicable laws, regulations and codes as required by the State
of Florida, county, or local ordinances.
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The Successful Bidder must fully comply with all federal and state laws, county and municipal ordinances, and
regulations in any manner affecting the prosecution of the work. Any fines or penalties to the Successful
Bidder shall be paid at the Successful Bidder's expense.
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