HomeMy WebLinkAboutInvitation for Bid(rite of iami
ANNIE: PECREZ. (PP() l i vv. 1 I
C lita' Pr, ur:molt
u,
ADDENDUM NO. 1
February 28, 2017
INVITATION FOR BID (IFB). No. 681384, Court Resurfacing at Various City
of Miami Parks
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. 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 bid opening time has been changed to Tuesday, March 7, 2017 at 2:00 PM.
Sincer y,
atifA—A
Arnie Perez, CPPO
ief Procurement Officer
AP:ts
Cc: IFB: File
City of Miami
Procurement Department
Miami Riverside Center
444 SW 210 Avenue. ae Floor
Miami. Florida 33130
Web Site Address 3
Number:
Title:
Issue Date/Time:
Closing Date/Time:
Pre-Bid/Pre-Proposal Conference:
Pre-Bid/Pre-Proposal Date/Time:
Pre-Bid/Pre-Proposal Location:
Deadline for Request for Clarification:
Contracting Officer:
Hard Copy Submittal Location:
Contracting Officer E-Mail Address:
Contracting Officer Facsimile:
681384,1
Invitation for Bid for Court Resurfacing
at Various City of Miami Parks
28-FEB-2017
07-MAR-2017 ( 14:00:00
Voluntary
Friday, February 17, 2017 at 10:00 AM
City of Miami MIRC Building, 444 SW
2ncl Ave, 6th Floor Conference Room,
Miami, FL 33130
Monday, February 27, 2017 at 4:00 PM
Soto, Teresa
City of Miami - Cite Clerk
3500 Pan American Drive
Miami FL 33133 US
TSoto'a miamigoN.com
(305)400-5024
Pthze 1 of 40
Certification Statement
Please quote on this form. if applicable. net prices for the itemts) listed. Return signed original and
retain a copy for your tiles. 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 I 80 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 detennining 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 undcrsiveneci hereby certifies that neither the contractual party nor anv of its principal owners or
personnel ha\ e 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 hate 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 understandin<g, 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 certifv that 1 am authorized to sign this submission for the subanitter.
Please print the Follow ing and sign your name:
PROPOSER NAME:
ADDRESS•
PHONE: FAX.
E'�IAIL: CELL(Optional):
SIGNED BY•
TITLE: DATE.
FAILURE TO COMPLETE. SIG, AND RETURN TFIIS FORM SHALL DISQUALIFY THIS
RESPONSE.
Nue2of-Itl
Certifications
Legal Name of Firm:
Entity Type: Partnership. Sole Proprietorship. Corporation. etc.
Year Established:
Office Location: Cite 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(;) be used? (Yes or No)
If subcontractor)sl 4+ill be utilireci, provide their name. address, and the portion of the work they w ill be
responsible OF under this contract. A copy of subcontractor's lieense(s) must be submitted with your
bid response.
Please list and acicnowledte all addendum addenda received. List the addendum. addenda number and
date of receipt ( i.e. Addendum No. 1. 7 1 07). It no addendum, addenda was, were issued. please insert
N A.
1f 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 A2ency for which Bidder is currently pro‘ iding the services goods
Page 3 of 40
as described in this solicitation. or has provided such services. goods in the past:
Reference No. I :.Address. City, State. and Zip for above reference company agency listed:
Reference No. 1: Name of Contact Person and Telephone Number for abo\ e reference no. 1
Reference No. I: Date of Contract for above reference no. 1
Reference No. 2: Name of Company Agency COI. \vhich Bidder is currently providing the services. goods
as described in this solicitation. or has pro ided 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.
Reference No. 2: Date of Contract for above reference no. 2
Reference No. 3: Name of Company Agency for which Bidder is currently providing the sery ices goods
as described in this solicitation. or has prop ided such services goods in the past:
Reference No. 3: Address. City. State. and Zip for above reference company agency listed:
R,:fercncc No. 3: Name of Contact Person and Telephone Number for above reference no. 3
Reference No. 3: Date of Contract for above reference no. 3
Page 4 of 40
Line: I
Description: Court Resurfacing, Pursuant to Section 3.1, Specifications/Scope of Work Herein.
Category: 91484-00
Unit of Measure: Square Foot
Unit Price: S
Line: 2
Number of Units: 1 Total: S
Description: Crack Repair, Pursuant to Section 3.1, Specifications/Scope of Work Herein.
Category: 91484-00
Unit of NL:asurc: Linear Foot
Unit Price: S
Line: 3
Number of Units: 1 Total: S
Description: Color Coating. Pursuant to Section 3.1. Specifications/Scope of Work Herein.
Category: 91484-00
Unit of `Measure: Square Foot
Unit Price: S
Line: 4
Number of Units: 1 Total: S
Description: Court Line, Pursuant to Section 3.1, Specifications/Scope of Work Herein.
Category: 91434-00
Unit of Measure: Square Foot
Unit Price: S
Lint:
Number of Units: 1 Total: S
Description: Add One (1"f inch .tsphalt. and Omit Line 2, Pursuant to Section 3.1,
Page 5 of40
Specifications/Scope of 'Nod, Herein.
Category: 91484-00
Unit of Nleasurc: Square Yard
Unit Price: S
Line: 6
Number or units: [ Total: S
Description: Hourly Repair Rate.
Category: 93 [65-00
Unit of \leasure: Hour
Unit Price: S
Number of Units: 1 Total: S
Page 6or-40
681384,1
Table of Contents
Terms and Conditions 8
1. General Conditions 8
I.E. GENERAL TERMS AND CONDITIONS
2. Special Conditions
2.1. PURPOSE
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFOR\1ATION CLARIFICATION '8
2.3. PRE-B[D PRE -PROPOSAL CONFERENCE '8
2.4. VOLUNTARY SITE INSPECTION '8
2.5. TERM OF CONTRACT '8
2.6. ESCALATION CLAUSE '8
2.7. CONTRACT ADMINISTRATOR '9
2.8. METHOD OF AWARD 29
2.9. HOURLY REPAIR RATE 29
2.10. BIDDER'S MINIMUM REQUIREMENTS '9
2.11. REFERENCES 30
2.12. BACKGROUND CHECKS 30
2.13. INSURANCE REQUIREMENTS 30
2.14. STANDARDS AND GUIDELINES ;?
2.15. PERFORMANCE 35
2.16. COMPLETED WORK . .32
2.17. QUALITY OF WORK 32
2.18. FAILURE TO PERFORM 33
2.19. ADDITION DELETION OF FACILITIES ITEMS PRODUCTS SERVICES 33
2.20. LABOR, SUPERVISION. AND EQUIPMENT 33
2.21. CITY OF \IIAMI LIVING WAGE ORDINANCE 33
2.22. PERSONNEL . 34
2.23. SUBCONTRACTOR(S1'S MINIMUM REQUIREMENTS - 34
2.24. TIE BIDS 34
2.23. LIQUIDATED DAMAGES 35
2.26. USE OF PREMISES 35
2?7. DAMAGES 35
2.28. NON -APPROPRIATION OF FUNDS- 35
2.29. LEGAL HOLIDAYS 36
2.30. WARRANTY 36
2.31. PUBLIC CONVENIENCE AND SAFETY 36
2.32. SAFETY MEASURES 37
2.33. METHOD OF PAYMENT 37
2.34. TERMINATION 38
2.35. ADDITIONAL TERMS AND CONDITIONS 38
2.36. PRIMARY CLIENT( FIRST PRIORITY) 38
2.37. FORCE MAJEURE 38
3. Specifications 39
3.1. SPECIFICATIONS SCOPE OF WORK 39
8
'8
,8
Page 7 of -0
681384.1
Terms and Conditions
I. General Conditions
I.I. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of goods equipment services
with an estimated aggregate cost of S25,000.00 or more.
Definitir.rn:.-A formal solicitation i; defined as issuance ofan 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 EQL IP\IENT -Any Woodts) 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 nor conform to specifications. the CIO.- 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. ACCEPT:ONCE/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
eL ent 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 Linder 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 waiLe 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 Citv's wehsite 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. Lvit out City or Miami's prior written consent.
1.7. ATTORNEY 'S FEES - fn connection with any litigation. mediation and arbitration arising out of this Contract,
each party shall bear their own attornev's fees throuygh 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 ali 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 fiarmal solicitation. for the purpose of audit.
examination, excerpts. and transcriptions. The Successful Bidder Proposer shall maintain and retain any and all of
Page 8 of40
681384,
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) proposerlsl 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 ins oiced there from and make its own payments. determine shipping terms and issue its own exemption
certificates a required by the successful bidderis) proposerlsl.
1.19. 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 contractagreement, amendment or
addenda.
B. The ate and 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
Dnt__g-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 requireInernts, 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 lots est responsive. responsible Bidder or Proposal most ad\ anta'=eous to the City or re -solicit the Cite'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 ofd.una'ges or increased costs sustained as a result of the
Bidder's. Proposer's default.
D. The terra of the contract shall be specified in one of three documents t%hich 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 rielht to automatically extend this contract for up to one hundred twenty ( 1_2ll) 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. terns 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 ufsuch extensions.
F. Where the contract involves a single shipment of goods to the City. the contract tend 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.
11. A Contract Agreement may be awarded to the Bidder Proposer by the Cite Commission based upon the
minimum qualification requirement; reflected herein. As a result ofa 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
Page 9 of40
681384.1
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 gtaarantees
that a bidder proposer will- accept the order or contract. agreement. as hid proposed. if it is awarded to
kidder 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 ail
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 (H.IRDCOPY FORMAT) - All forms should be completed. signed and submitted
accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement an.d.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 NANIES - Ifand wherever in the specifications brand names, makes. models. names of any
mantifaetu.'ers. trade names. or bidder proposer catalott 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 "Oft EQUAL" is added. When bidding proposing an
approved equal_ Bidders Proposers will submit, with their response. complete sets of necessary data 1 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 judee of equality and its decision shall be final. Unless otherwise
specified. ee idence 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 bidproposal cancellation, the Director of Purchasing shall notify all prospective bidders proposers
and make available a written explanation for the cancellation.
1.16. C.-1PIT.AL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes. or
prepares to stake, in order to deliver perform the goods services required by the City, is a business risk which the
contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures.
or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures
during, the time it is rendering such goods services, it shall not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAY'S - It is further expressly agreed that in no event shall the City be liable
for, or responsible to. the Bidder Proposer Consultant, any sub -contractor sub -consultant, or to any other person for,
or on account of. any stoppages or delay in the work herein provided for by injunction or other legal or equitable
proceedings or on account orally 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
Page 10 of 40
681384.1
for the saute items services or with the City of Miami's Purchasin_z 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 ha\ e occurred and the City_ resets es the right to reject
any. and all bids responses where collusion may have occurred.
1.19. COMPLIANCE %VJTH FEDERAL, STATE .AND LOCAL LAWS - Contractor understands that contracts
between nritiate entities and local 201,ernments 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 Fauods or equipment offered. includin<< but
not limited to:
A. Executive Order 11246. which prohibits discrimination against any employee. applicant. or client because of
race. creed. color. national or:ain. sex. or atte 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 (OSHAI, as applicable to this Formal Solicitation.
C. The Siatc of Florida Statutes, Section 87.133(3)(Al on Public Entity Crimes.
D. Environment Protection Agency (EPA). as applicable to this Formal Solicitation.
E. Uniform Commercial Code { Florida Statutes. Chapter 6721.
F. Americans with Disabilities .act of 1990. as amended.
G. National Institute of Occupational Safety Hazards INIOS11). as applicable to this Formal Solicitation.
11. National Forest Products Association (NFPA). as applicable to this Fomtal Solicitation.
I. City Procurement Ordinance City Code Section 18. Article III.
.1. Conflict of Interest. City Code Section 2-611:61.
K. Cone ot'Silence. City Code Section I8-74.
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 !8-74 of the City of Miami Code. a "Cone of Silence" is imposed
upon each RFP. REQ. RFLI. or IFB :utter advertisement and terminates at the time the City Manager issues a written
recommendation to the Miami City Conitnission, The Cone of Silence shall be applicable only to Contracts for the
provision of goods and services and public works or improvements for amounts greater than S200.000. The Cone of
Silence prohibits any communication re4earding RFPs. RFQs. RFLI or IFB; (bids) between. among others:
Potential \ endors. 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 and member of the respective selection, evaluation committee.
The provision does not apply to, among other communications:
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68i354,1
oral communications with the City purchasing staff. provided the communication is limited strictly to nutters or
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 conference;. 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
perfomxutce of market research regarding a particular RFP. RFQ. RFLI OR iFB by City Purchasing staff.
Proposers or bidders must file a copy of any 4vritten 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. %4 high shall be made available to any person upon request. Written communications may be in the
form ore -mail. with a copy to the Office of the City Clerk.
in addition to any other penalties pro ided by Iaw. 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 ha% ing personal
knowledge of a violation of these pro%isions shall report such v iolation to the State Attorney and or may tile a
complaint with the Ethics Commission. Proposers or bidders should reference Section I S-"-I 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 lS-'4 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at
305-25r)-3360. to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision. the City of Miami is subject to the Florida Sunshine Act
and Public Records Law. Ifthis Contract Agreement contains a confidentiality provision. it shall have no application
w hen disclosure is required by Florida Yaw 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 or 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 or any City employee who owns, directly or indirectly. an interest of five percent (S"o) or
more of the total assets of capital stock in your tinri.
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
ggovernmental 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 anv person or agency actin; for the City. and has not appeared in representation or 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:
) the mayor: 1 iii) anv 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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681384,1
.Additionally.. iolations may be considered by and subject to action by the N1iami-Dade County Commission on
Ethics.
1.23. COPY RIGIIT OR PATENT RIGHTS — Bidders, Proposers warrant that there has been no violation of
copyright or patent ri =ht in manufacturing. producing, or sellin, the good; shipped or ordered and or services
pro; ided as a result of this formal solicitation, and bidders proposers agree to hold the City harmless from any and
ail liability. loss. or expense occasioned by any such violation.
1.24. COST INCURRED B1 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 helot . from consideration for award of city Contract;. 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 detennination. The
authority to debar and suspend contractors shall be exercised in accordance with re2ulations which shall be issued
by the Chief Procurement Officer after approval by the City N1anaaer, the city attorney, and the City Commission,
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following.:
(1) Con iction for commission of a criminal offense incident to obtaining_ or attemptin_> to obtain a
public or private Contract or subcontract. or incident to the performance of such Contract or subcontract.
(2) Com, iction under state or federal stanites of embezzlement. then. forgery. briber-. falsification or
destruction of record.:. receiving stolen property, or any other offense indicating_ a lack of business
intc,rity or business honesty.
(3) Conn iction under state or federal antitrust statutes ari;ii12 out of the submission of Bids or
Proposals.
14) Violation of Contract proisions. which is regarded by the Chief Procurement Officer to be
indicative of nonresronsibitity. 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 prox ided in a
Contract. provided that failure to perform caused by acts beyond the control of a party shall not he
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 iolation of a zoning ordinance or any other city ordinance or regulation and for which
the violation remains noncompliant.
(li) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a
civil penalty or tine 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 pertorming city Contracts.
(c) Certification..- I1 Contracts for goods au.l 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 Barth abo4 e or debarred or suspended as set forth in paragraph l b II 5 i.
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a). the City Manager shall render a
44 ritten decision staring the reasons for the debarment or suspension..- copy of the decision shall be pro ided
promptly to the Contractual Party. alon_! 44 ith a notice of said party's right to seek judicial relief.
1.26. DEBARRED: SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida
debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public
entity. may not submit a response on a contract with a public entity for the construction or repair of a public building
or public work. may not submit response on leases of real property to a public entity. may not award or perform
44 ork 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 prokide the contractor three 131 days tweekends and holidays excluded) to
remedy the default. Failure on the contractor's part to correct the default within the required three t ;1 days shall
result in the Contract being terminated and upon the City notifying in Liritlli T the contractor of its intentions and the
eftecti+e date of the termination. The follow mg shall constitute default:
A. Failure to perform the 44orIk or deliker the goods ;e.ryices required under the Contract and or 4vitllin the time
required or 1bilino 10 use the subcontractors. entities and personnel as identified and set forth. and ro the degree
specified in the Contract.
B. Failure to begin the w ork under this Contract within the time specified.
C. Failure to perform the work with sufficient kvorkers 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 tends of the Contract.
E. Becoming inso{tent. being declared bankrupt. or committing any act of bankruptcy or insolvency. or making an
assignment for the benefit o; creditors. ifthe insolvency. bankruptcy. or assignment renders the successful
Bidder Proposer incapable ofperfornaing the work in accordance with and as required by the Contract.
F. Failure to comply t.ltll any of the terns 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 !Units 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 re4iewed to determine ilk is
responsixe to the submission requirements outlined in the Formal Solicitation. A "responsike" response is one which
follows the requirements oldie 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.
A. Responsible Bidder shall mean a bidder proposer who has submitted a bid prposal and who has the capability.
as determined under the City Procurement Ordinance, in all respects to fully perform the contract requirements. and
the integrity and reliability of which gi‘e reasonable assurance of good faith and performance.
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 Bidders i Proposerls)
during. the term of the contract. Such discounts shall remain in effect for a minimum of 1 _'0 days from approval by
the City Commission Any discounts offered by a manufacntrer 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 i 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 I contract documents). The City will not be responsible for any oral instructions. clarifications.
or other communications.
A. Order of Precedence — Anv inconsistency in this forrhal solicitation shall be resolved by giving precedence to the
following documents. the first of -such list being the governing documents_
1) Addends (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY f DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster
situation. the successful vendor shall pro%ide the City with the commodities services defined within the scope of this
formal solicitation at the price contained within vendor's response. Further. successful endor shall deliver perform
for the city on a priority basis during such tines 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 tetras 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 a«reement 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:
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I) Bidder Proposer fails to acknowledge receipt of addenda:
2) Bidder Proposer mistates or conceals any material fact in the Response
3) Response does not conform to the requirements of the Formal Solicitation:
4) Response requires a conditional award that conflicts with the method of award:
5) Response does not include required samples. certiflea tes. licenses as required: and.
6) Response was not executed by the Bidder's Proposer(s) authorized agent.
The fore=oine is not an all inclusice 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 tends and conditions
of any precious contract with the City or deliver on time contracts ofa 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 Debanaent and Suspension Ordinance.
C. Determination of Responsibility
1) Response; will only be considered from entities who are re<_zularly engaged in the business of pro%iding the
goods equipment services required by the Formal Solicitation. Bidder Proposer must be able to demonstrate a
satisfactory record ofperformanee and inte_rity: 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 meats a (filly 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 ec idence available re iardini the tinancial_ technical and other qualifications and
abilities ofa Bidder Proposer. including past performance (experience) with the City or any other ,2ovetnmental
entity in making the award.
3) The City niav require the Bidders) Proposals) to show proof that they ha%e been designated as an authorized
representative ofa 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 SPECiFICATIO`S -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Anv exceptions to
the General or Special Conditions shall be cause for the bid (1FB) to be considered non -responsive. It also may be
cause for a RFC'. RFC?. 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 nee*otiations.
1.36. F.O.Q. 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 deliver 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
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68I3`-1.1
or supplied over a period of time.
1.38. FLORIDA \IINIML'tii %%AGE - The Constitution of the State of Florida. ,Article X. Section 24, states that
employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. .Accordingly.
it is the contractor's and its' subcontraetor(s) responsibility to understand and comply with this Florida constitutional
minimulll wage requirement and pay its employees the current established hourly minimum wage rate. which is
subject to change or adjusted by the rare of inflation using the consumer price index for urban wage earners and
clerical workers. C'P1-V , or a successor index as calculated by the United States Department of Labor. Each
adjusted minimum wvagge rate calculated shall be determined and published by the Agency Workforce Innovation on
September 30th ot'each year and take effect on the following January- Ist.
.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
terns of the contract. If impacted. bidder proposer must furnish employee name(s). job titlost. job description( s).
and current pay rate(;). Failure to submit this information at the time of submitting a response constitute successful
bidder's proposer's acknou ledgenment and understanding that the Florida Minimum Wage Law will riot impact its
prices throughout the term of contract and waiver orally 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 increases) 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. In any action or proceeding each party shall bear their own respective
attorney's fees.
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 terns 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 1 li1 f1) and or Protected Health Information ( Pill) shall comply with the
Health Insurance Portability and _Aceountability .Act (I I1P.A_A) of 1996 and the City- of Miami Privacy Standards.
EIIP.AA 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 ofappropriate safeguards to pre%ent 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 11111 P111 will be held confidential:
E. Nlakinvg Protected health Information (P111) available to the customer:
F. Making PI 11 available to the customer for review and amendment: and incorporating any amendments requested
by the customer:
G. Making P1-11 available to the City. of \.Bari for art accountintg of disclosures: and
11. Making internal practices_ books and records related to P111 available to the City of Miami for compliance audits.
Pill shall maintain its protected status regardless of the fornl 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
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b8 13 84,1
practices including specifically-. a description of the types of'uses and disclosures that would be made ‘vith protected
health information.
1.42 INDEMNIFICATION - Contractor shall indemnify. hold save harmless and defend at its own costs and
expense the City. its official;, officers. agents. directors, and employees. from liabilities, damages. losses. and costs.
including. but not limited to reasonable attorney's tees. 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 hamiless and defend the City. its officials. officers. agents. directors and
employees against. anv 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
Mat any insurance protection required by this Contract or other -rise pro\ ided by Contractor shall in no way limit the
responsibility to indemnify. keep and sa\ e 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 ofewery name and description \\-hick 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 confirms to the limitations of 725.06
and. or ;;73.08, Fla. Statues. as amended from time to time as applicable.
Contractor shall require all Sub -Contractor agreement; 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 front any actions or omissions of the Contractor in which the City- participated either through re\ie\\ or
concurrence of the Contractors actions. In re\ie\\ ing. approving or rejecting any submissions by the Contractor or
other acts or 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. FOR`1.4TIO` 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 e\aluation, cuts. sketches. descriptive literature. technical specifications. and
Material Safety Data Sheets lMSDSlas required. covering the products offered. Reference to literature submitted
ith 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. Alt 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
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Web Site following recommendation for award.
1.46. INSURANCE - Within ten (10) days after receipt pf Notice of Award. the successful Contractor, shall furnish
Evidence of Insurance to the Purchasing Department. if applicable. Submitted evidence of coverage shall
demonstrate strict compliance to all requirements listed on the Special Conditions entitled -Insurance
Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of -proper insurance documents. If the insurance
certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the
Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit
a corrected certificate to the City. If the Contractor tads 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 or 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 2 13 of the Florida Statutes (Prompt
Payment .Act).
1.48. LOCAL PREFERENCE
A. City Code Section l8-83. states, "ashen a responsive. responsible non -local bidder submits the lowest bid
price. and the bid submitted by one or more responsive. responsible local bidders 1vho maintain a local office. as
defined in Section 18-73. is within fifteen percent 1 I 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 ofa tie in the best and final bid between a local bidder and a non -local bidder, contract award
shall he made to the local bidder'...
B. City Code Section I S-Sb. 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 (3° u1 percent evaluation criterion in favor of proposers who maintain a local office, as defined in
Section 18-73. In such cases. this Live (;'ii) percent evaluation criterion in favor ofproposers rvho maintain a local
office will be specifically defined in the RFP, RFLI or RFQ. as applicable: otherwise. it will not apply.
1.49. \1.#\UFACTURER'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
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as appropriate.
1.51. NO PARTNERSHIP OR ,JOINT VENTURE - .Nothing contained in this Contract will be deemed or
construed to create a partnership or joint venture between the City of Miami and Contractor. or to create any other
similar relationship between the parties.
1.52. \ONCONFOR\I.-t,\CE TO CONTRACT CONDITIONS - Items may be tested for compliance with
specifications under the direction of the Florida Department of Ariculture 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. Proposers expense.
These non -conforming items not deli tered as per delver` date in the response and. or Purchase Order may result in
bidder proposer being found in default in tlhich event any and all. re -procurement costs may be charged aualnst the
defaulted contractor. Any violation of these stipulations niay also result in the suppliers name being remoked from
the City of tiliami'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. Furthennore. 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.
En 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, avue. sex.
marital status or national on 3in..All persons having appropriate qualitieations ;hall be afforded equal opportunity
for employment.
1.54. NON-EXCLUSIVE CONTRACT! PIGGYBACK PROVISION - At such times as may sere its best
Interest. the City of Miami reser\es the right to adterttse for, reeei e. and award additional contracts for these herein
woods and or services. and to make use of'other conlpentilely bid (governmental' contracts, agreements. or other
similar sources for the purchase of these goods and or ser\ ices as may be available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the
successful bidder( s1 proposerts) to recci'e 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 distinct'. different solicitation process and shall not be purchased under the terns.
conditions and awards rendered under this solicitation. unless such purchases are determined to be in the best
interest of the City.
1.55. OCCUPATIONAL LICE\SE - Any person. firm. corporation or joint venture. with a business location in
the City of Miami and is subnuttinu a Response under this Formal Solicitation shall meet the City's Occupational
License Tae requirements in accordance with Chapter 3 I. I, .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.
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681?84.1
1.57.OWNERSIIIP OF DOCUMENTS - It is understood by and between the parties that any documents. records.
tiles. or any other matter whatsoever which is given by the City to the successfttl Bidder Proposer pursuant to this
formal solicitation shall at all times remain the property oldie City and shall not be used by the Bidder Proposer for
any other purposes whatsoever without the written consent oldie City.
1.58. PARTIAL, INVALIDITY - If any provision of this Contract or the application thereof to any person or
circumstance shall to any extent be held invalid. then the remainder or 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. PERFOR\I.aNCEIPAl NIENT 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 11O0"o) of the contract
price,
1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders Proposers are expected to
examine the specifications. required delivery, drawing;, 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 mill be
at the Bidder's Proposers 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 Lace page and on each continuation sheet tltereoron which he she makes an envy. 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
nomad\ paid by the Bidder Proposer to its employees. Inapplicable. 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 items 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 tirm's name and by an officer or employee having authority to bind the company or firm by his, her signature.
Bids Proposals ha\ ins 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 ofa 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 \vhen Bidder Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection oldie response. IF SUBMITTING
I1ARDCOPY FORMAT. TIIE ORIGINAL AND THREE (_) COPIES OF THESE SETS OF FORMS. UNLESS
OTHERWISE ISE SPECIFIED. AND ANY REQUIRED ATTACHMENTS \ILST 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
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681384.1
market change or on the part of the contractor to other customers shall be passed on to the City of \liami.
I.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 representativetsl to supply a substitute product at the awarded price or lower. provided that a sample is
approved in advance of delivery and that the nevv product meets or exceeds all quality requirement;.
1.63. CONFLICT OF INTEREST, ,4ND 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 ofanv kind contingent upon or in connection with. the award of
this Contract.
1.64. PRO\IPT 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.
Bidder; 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 rust enter zero t01 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 20. 20 days. effectiy e after receipt of invoice or final acceptance by the City.
whichever is later.
'Y,k"hen 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 in Dice. vv hichever is later. 1 f an adjustment in payment is necessary due to
damage. the cash discount period shall conimetice on the date final approval for payment is authorized. If a discount
is part of the contract. but the invoice dots not reflect the existence of Li cash di: count, 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 \tianti 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 o hile 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 Ioss. the Contractor shall be responsible
tin- replacement value oldie 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 respectiv e heirs. legal representatives. successors and assigns.
1,67. PUBLIC ENTITY CRI\IES - .\ person or affiliate vvho 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
ofa 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 or 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.
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681384.1
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 prov isions 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 retinal to comply
' ith the prov ision of this section shall result in the immediate cancellation of this Contract by the City.
1.69. QUALITY OF GOODS. 3I.\TERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials
used in the manufacturing or construction of supplies. material;. or equipment covered by this solicitation shall be
new. The item; bid proposed must be of the latest make or model. of the best quality. and of the highest grade or
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. \laterials furnished to complete the sere ice 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 lave. 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 or the city attorney. shall
hag e 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 in oh,in__= an amount greater than S25,000. the City.
Commission: must approve the City 'Manager's decision. Such authority extends. without limitation. to controversies
based upon breach of Contract. mistake. misrepresentation or lack of complete performance. and shall be invoked by
a Contractual Party by submission of a protest to the City M1anager.
(b) Contract dispute decisions. if a dispute is not resolved by mutual consent. the City \iantuer 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 partys right to seek judicial relief. provided that the protesting= party shall not be entitled to
such judicial relief without first hag ing followed the procedure set forth in this section.
1.73. RESOLUTION OF PROTESTED SOLICITATIONS .-\ND AWARDS (Sec. 18-10.1)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitation; and awards
except for purchases of goods_ supplies. equipment. and services. the estimated cost of which does not exceed
S25.000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1.Protest of Solicitation.
i. Any prospective proposer who perceives itself a,./grieved in connection with the solicitation ora Contract may
protest to the Chief Procurement Officer_ A written notice of intent to file a protest shall be tiled 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, ,-'1 notice of intent to file a protest is considered
filed when received by the Chief Procurement Officer: or
Page 23 of-l)
b,S 1 3 S4.1
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 the a protest shall be filed with the Chief Procurement
Officerwithin three days after the solicitation is published in a newspaper of izeneral circulation. A notice of intent
to tile a protest is considered tiled when received by the Chief Procurement Officer.
2. Protest of Award.
i. Awritten notice of intent to file a protest shall be tiled with the Chief Procurement Officer within two days after
receipt by the proposer of the notice of the City Managers recommendation for award of Contract.' hick will be
posted on the City of Miami Purchasing Department website. in the Supplier Comer. Current Solicitations and
:Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by
selecti t the details of the solicitation and is listed as Recommendation of Award Postinu 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 ehee( 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 tile a protest shall be tiled 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 nonce shall he 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
receiv ed by the Chief Procurement Officer.
w ritten protest based on any of the foreL,oine must be submitted to the Chief Procurement Officer within five
t5 days after the date the notice of protest was filed..A written protest is considered filed when receitied by the
Chief Procurement Officer.
The written protest may not challenge the relative weight of the ekaluation criteria or the formula for assiuning
points in malting an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation
or the award is based. and shall include all pertinent documents and evidence and shall be accompanied by the
required Filin_i Fee as pro ided in subsection (f). This shall Corm the basis for review of the written protest and no
facts. uounds. documentation or evidence not contained in the protester's submission to the Chief Procurement
Officer at the time of tiling 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 conlputim! any period of time prescribed or allowed
by this section. the day of the act. event or default from which the deli==Hated period of time begins to run shall not
be included. The last day ofthe 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 w hich is neither a Saturday. Sunday or let al 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 protestin« party and shall submit said
decision to the City Commission within it) days after he she receives the protest. In eases involving more than
S, 5.000. the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereat() the
City Commission after a favorable recommendation by the city attorney and the City \tanager.
(c) Compliance with tilin u requirements. Failure of a party to timely tile either the notice of intent to tile a protest or
Page 24 of 40
6SI3Sq.l
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 tile a
protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first haying.
followed the procedure set Forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest tiled pursuant to the requirements of this
section. the city shall not proceed further with the solicitation or with the award of the Contract until the protest is
resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above. unless the
City Manager makes a written determination that the solicitation process or the Contract award must be continued
without delay in order to avoid an immediate and serious danger to the public health. safety or welfare.
(c) Costs. All costs accruing. from a protest shall be assumed by the protestor.
(f) Filing Fee. The written protest must be accompanied by a tiling tee 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 Biel or proposed Contract. or
S5000.00. whichever is less. which tiling fee shall guarantee the payment of all costs which may be adjudged against
the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer
and or the City Commission.. as applicable. the tiling fee shall be refunded to the protestor less any costs assessed
under subsection (e) above. If the protest is denied, the tiling 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. bidderts) 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 assitm any portion
of the performance required by this contract. except under and by virtue of written permission !Iranted by the City -
through the proper officials. which may be withheld or conditioned. in the Citv'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, shoulcl 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 hest commercial practices are to prevail and that only materials of first quality and correct
type. size and design are to be used. All ‘vorknzanship and services is to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
Ifyour 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. yliami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB- ItFP,
RFQ- or RFLI. NO EXCEPTIONS. Bidders, Proposers are welcome to attend the solicitation closing: however, no
Paue 25 of 40
6S1 84.1
award will be made at that time.
A. [ lardcopy 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 oldie Bidder Proposer. fIardcopy responses not submitted on the requisite Response
Fonds may be rejected. I lardcopy responses received at any other location than the specified shall be deemed
non -responsive.
Directions to City Hall:
FRO\1 THE NORTH: 1-95 SOUTH UNTIL IT TURNS INTO L:SI. LSI SOLTII TO 27TII AVE._ TLRN LEFT,
PROCEED SOLTII TO S0. BAYSIIORE DR. (3RD TRAFFIC LIGI[T), TURN LEFT, I BLOCK TLRN RICiIIT
ON PAN AMIERfCA\ DR. CITY HALL [S AT THE END OF PAN A\IERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: US I NORTH TO 27TI l AVENUE. TURN RIGHT. PROCEED SOUTH TO SO.
BAYSHORE DR, (3RD TRAFFIC LICd-HT). TURN LEFT. 1 BLOCK TURN RIGI lT ON PAN A`IERICAN DR.
CITE' HALL 1S AT THE END OF PAN AMIERICAN DR. PARKING IS ON RIGIIT.
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 submittini, 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
deliver~ or caused bv any ether occurrence. Responses received after the solicitation closing date and time will be
returned unopened. and «ill not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those tivhich do not comply with these conditions
are subject to rejection.
G. Modification of responses already submitted will be considered only it 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. Ifhardcopy 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 Stare 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 2 12.03. Florida Statutes_ as amended and all
amendments thereto and shall be paid solely by the Bidder Proposer.
I.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 termination will be in the best interest of the City- to terminate the contract for
Page 26 of-1.0
6813S-I.I
its own convenience:
C. Funds are not available to cok er the cost of the `oods 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 Cite after the goods and. or services awarded to a
Bidder Proposer have been receiwed. inspected. and found to comply with award specifications. free of damage or
defect, and properly- invoiced. No advance payments or any kind will be made by the City of Miami.
Payment shall be made after deliver!.-. within 45 days of receipt of an invoice and authorized inspection and
acceptance of the goods. serve ices 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. krithout obligation. if delivery is not made within
the timels} 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 alter 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 Stances, An exception may be made for
"trade secrets."
If the Response contains information that constitutes a "trade secret". all material that qualities for exemption from
Chapter 119 must be submitted in a separate envelope. clearly identified as "TRADE SECRETS EXCEPTION."
ww ith your tirm's name and the Solicitation number and title marked on the outside.
Please be aw are 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 artoritey's fees incurred by
the City by reason of any legal action challenging your claim.
1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidderis) Proposerlsl nor
any of his her employees shall perfin•m any work or deliver any goods unless a change order or purchase order is
issued and reeeit ed by the Contractor. The qualified Biidderfs), Proposer(s) shall not be paid for anv work performed
or goods deliw ered outside the scope of the contract or any work perforated by an employee not otherwyi;e
previously authorized.
1.86. USE OF NAME - The City is not engaged in research for adw ertisimt. sales promotion. or other publicity
purposes. No adk ertisina. sales promotion or other publicity materials containing information obtained from this
Solicitation are to be mentioned. or imply the name or 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 front the solicitation specifications and. or conditions. no matter how slight. If variations are
not stated on their Response. it krill be assumed that the product fully complies wvith the City's specifications.
Page 27 of 40
6S 13X4.1
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract. for court resurfacing at Various City of Miami Park, as
specified herein. from a source(;). fully compliant with the terms. conditions and stipulations of the solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FORADDITIONAL INFORMATION/CLARIFICATION
.-1ny questions or clarifications concerning this solicitation shall be submitted by entail or facsimile to the
Procurement Department. Attn: Teresa Soto: fax: (305) 400-5024 or email: tsoto,a miamigov.com. and a copy tiled
with the Office of the City Clerk. pursuant to Section 1.20. Cone of Silence. The solicitation title and number shall
be referenced on :ill correspondence. All questions must be received no later than Monday. February 27. 2017 at
4:00 PM. All responses Lc.) questions will he 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;PRE-PROPOSAL CONFERENCE
A Voiuntan pre -bid conference I1 ill be held on Friday. February 17, 2017 at 10:00 AM. at City of Nliami \IRC
Buildinta. 444 S11 2nd Ave. t5th Floor Conference Room, Miami. FL 33130. At that conference all work will be
discussed and questions answ ered. Questions and answers ad%ersely affecting the scope of work specifications of
the bid w ill be included In an addendum and sent immediately following the conference to all the attendees. Please
refer to Section 2.2. Deadline for Receipt of Request for Additional Information Claritication. for further
information.
2.4. VOLUNTARY SITE INSPECTION
The sites listed below will be n ail able for inspection by appointment only up until . which is also
the deadline for all requests for additional information. clarification. per Section 2.2 of this solicitation. The Bidder
may visit the site of the proposed work to become familiar with any conditions, which may in any manner, affect the
work to be done or affect the equipment. materials and labor required.
The Bidder is also required to examine carefully the specifications and be thoroughly informed regarding any and all
conditions and requirements that may in any planner affect the work to be performed under the contract. No
additional allowances will be made because of lack of knowledge of these conditions.
2.5. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be etfecti . e for three (3) years with
the option to renew for two (2) additional one ( l) year periods. The Contract may be extended at City's discretion
(refer to Article 1.11)).
2.6. ESCALATION CLAUSE
Page 28 of4t)
(SI 84.I
The City acknowledges the fluctuating nature of prices for items specified. Accordingly an escalator de -escalator
clause %vial be accepted only under the following conditions:
( 1 ) Prices must remain fixed and firm for the first three (3) years of the contract: price increasers) comparable to
documented manufacturers price changes are provided. Escalated prices for years four (4) and five 1a1. and
subsequent extension. if anv. shall remain fixed and tirnt during the applicable contract year:
12 1 Successful Bidder shall provide in writing to the Procurement Department. any request for price increase.
inclusi'e ofa justification for such price increase: and
(3) All price increase';) must be appro%ed disapproved by the Procurement Director.
The City may. after re%iew. refuse to accept the adjusted costs if they are not properly documented. increases are
considered to be excessive, In the event the City does not wish to accept the adjusted costs. and the matter Cannot be
resoLE ed to the satrstaetro❑ of the City. the City reserves the right to cancel the contract upon giving thirty ( 1) days
notice to the successful Bidder(:).
In the event of price decreases. the City may request additional documentation.
2.7. CONTRACT .#D111N1STR.ATOR
Upon ax ard. Successful Bidder's) shall report and work directly Cl ith Vladimir Jeannot. who shall be designated as
the Contract administrator for the City.
2.8. `IETHOD OF .AWARD
_award of the contract will be made to the lowest responsive and responsible Bidder(s) on a primary. secondary and
tertiary basis. w ho bids on all items and whose bid offers the lowest price when all items are added in the aggregate.
In the event the prinxitti Successful Bidder is unable to accept a project clue to capacity. time constraints. or other
reasons acceptable to the City. the City will offer the project to the secondary Successful Bidder. and s0 on.
The City resew es the right to accept or reject any or all bids or part of bids. waive informalities and re -bid these
services specified herein.
2.9. HOURLY REPAIR RATE
I lourly labor rates ;haul be proposed for repairs completed from 8:00 A.M. to 5:01) P.M.. Monday through Friday
(rate shall include labor. and travel: materials are not included).
2.10, BIDDER'S NIINIMUII REQUIREMENTS
The City is seeking qualified Bidders who have the relevant experience and who provide quality service. Bids will
be considered only from firms that are regularly- engatzed in the business of providing goods and or services as
described herein.
The Bidders shall:
a.) Employ personnel trained for application of court surface color coating systems (provide training certification):
Page 29 of -11)
681384.1
b.) Ilawe sound financial conditions and sufficient support. equipment. and personnel to insure that they can
satisfactorily execute the services if awarded a contract under the terms and conditions stated herein:
c. 1 Not have any member. officer. or stockholder that is in arrears or is in default of any debt or contract inv oh inti
the City, is a defaulter surety otherwise. upon an obligation to the City and or has failed to perform faithfully on any
previous contract with the City:
il.) I lave no record ofpendinu lawsuits with the City or Miami, its agencies and or instrumental ides. and have not
declared bankruptcy within the past seven (71 years: and
e.1 Not have any conflicts of interest with the City-
2.11. REFERENCES
Each hid must be accompanied by a list of three (= 1 references. or as reelected in the "leader attribute; Section of
this Solicitation, which shall include the name or the company. dates of contract, description of goods services
supplied. a contact person and the telephone number. NO BID WILL BE CONSIDERED 6t 1T1!OCT TI IIS LIST.
2.12. BACKGROUND CHECKS
Successful Bidder; sI must be required to comply with the background screening specifications as listed in the
Jessica Lansford act. Fla. Statute ; 1012.32. during the term ot'the contract..
The law requires that before contract perstmnel are permitted access on grounds when children are present. or if they
w ill have direct contact with , hildren. or have access to or control of school funds. they must have completed Level
tWo (21 screenin requirements.
Prior to commencement of the project. Successful Bidder's) must provide Level Two (2) background screening
results for all employees completing the ~work on park grounds.
2.13. INSURANCE REQUIREMENTS
I\DEN1\IFICATION
Successful Biddens) shall indemnity and hold save harmless. and defend at its own costs and expense. the City and
its officials from and a eainst any and all claims. liabilities. losses. and causes of action. which may arise out of
Successful Biddertsl's performance under the provisions of the contract. including all acts or omissions to act on the
part of Successful Biddertsi. including any person performin=e under this Contract for or on Successful Bidderfs)'s
behalf. provided that any such claims. liabilities. losses and causes of such action are not attributable to die
neoli.,ence or misconduct of the City and. from and against any orders. judgment; or decrees which may be entered
and which may result from this Contract. unless attributable to the neoli' ence or misconduct of the City. and from
and main t all costs. attorneys' fees. expenses and liabilities incurred in the defense or any such claim. or the
investization thereof:
The Successful Bidderts) shall furnish to City of Mlianii. c o Procurement Department. 444 SW 2nd Avenue. f'th
Floor. Miami. Florida 33130. Certificate(s) of insurance which indicate that insurance coverage has been obtained
which meets the requirements as outlined below:
(1) Worker's Compensation
Page 30 of40
6813S4.1
A. Limits of Liability - Statutory - State of Florida
Waiver of Subrogation
Employer's Liability
A. Limits of Liability
SI 00.000 for bodily injury caused by an accident. each accident
S100.000 for bodily injury caused by disease. each employee
S500.000 for bodily injury caused by disease. policy limit
(2) Commercial General Liability (Primary and lion -Contributory):
A. Limits of Liability
Bodily Injury and Property Damage Liability - Each Occurrence: SI000000
General A,./ grea.ate Limit: S2.000.000
Personal and Adw. trijury. Products and Completed Operations and Fire Damage: S 1,000.000.
B. Endorsements Required;
City of aliami included as an Additional insured,
Contingent and contractual liability
Primary Insurance clause endorsement
Premises and Operations Liability
(3) BusinessAutomobilc Liability
A. Limits of Liability
Bodily injury- and property damage liability combined sin_*le limits. Anv Auto. including hired. borrowed
or owned and scheduled. or nun -owned autos used in connection with the work - S 1,000.000
B. Endorsements Required:
Cir: ot'Miami included as an Additional Insured
(1) Payment and Performance Bond (IF APPLICABLE)
City of Miami listed as obligee
BINDERS ARE UNACCEPTABLE.
The insurance co` eraoe required shall include those classification;. 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 die following qualifications:
The Company must be rated no less than "A" as to management. and no less than "Class `... as to financial strength.
by the latest edition of Bests Insurance Guide, published by A.M. Best Company, Oldww ick. Nev Jersey. or its
equivalent, All policies and or certificates of insurance are subject to review,- and verification by Risk \1anagement
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's) of his Liability and obligation
under this section or under any other section of this Agreement.
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fik 1354.1
--If insurance certificates are scheduled to expire during the contractual period. the Successful Bidder{Si shall be
responsible for,ttbntitrinti new or renewed insurance certificates to the Cite at a minimum of ten 4 I t}1 calendar day
in advance of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which cover the
contractual period. the City shall:
(4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner
prescribed in the Invitation To Bid.
151 The City may. at its sole discretion, terminate this contract for cause and seek re -procurement danianes from the
Successful Bidden s i in conjunction with the General and Special Terms and Conditions of the Bid.
The Successful Bidden s I 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 .i.
2.14. STANDARDS AND GUIDELINES
The Successful Bidderts; shall follow all gguidelines. rules and regulations. as it pertains to court resurfacing_ set
forth in the most recent State of Florida codes. as well as the standards of the following agencies. whichever is more
stringgent, for the following:
• American Sports Builders Association IASBA;
• City of Miami and `lianti-Dade County Codes
2.15. PERFORM.ANCE
The Successful Biddertsl shall he held tally responsible for performing* all the work necessary to meet City
standards in a safe. neat. and guodi workmanlike manner. nsinl only izeneralIaccepted method in Carrying out the
work and complvinz with all federal and state laws as well as any and all City of `Miami ordinance and codes
relating to such work.
2.16. CO'1IPLETED WORK
The City shall be notified by. the Successful Bidders) upon completion of work. The City shall inspect and approve
completed work before authorizinvg payment. Work not satisfactorily completed. shall be redone by the Successful
Bidder( s ) at no additional charge to the City.
2.17. 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-. Failure to perform under the terms and conditions of this Contract will cause the Contract
.ldministratcr to submit a Vendor Performance Form to the Procurement Department for action. Should the
Procurement Department receive three {31 "Unsatisfactory" Vendor Performance Forms, during the term of the
Contract, then the Successful Bidder( s) will be immediately- removed from the Contract for the remainder of
Page 32 of-10
68 I3it-t.1
the Contract period.
2.18. FAILURE TO PERFORM
Should the Successful Bidders! tail to perform in full accordance, at any time. with the specifications as cited in this
IFB. Successful Bidderlsl may be determined to be in default of the Contract. Successful Bidders shall be required
to have sufficient equipment. supplies. and materials. at all tinge; shall be grounds for default. At no time shall the
Successful Bidder(si be paid for anv day that Successful Bidder(s!'s personnel fail to show up at a facility- or fail to
perform in full accordance with the specifications and to the satisfaction oldie Contract Administrator. Should this
occur. the City will deduct liquidated damages as indicated under said provision. Should the Successfiut Bidden
fail to perform in accordance %vith the Contract as determined solely by the City, the City shall slake the
determination to deem the Successful Biddertsl in default. The City shall be the sole judge of non-performance.
failure to perform. and default of contract. The date of termination shall be stated in written notice.
Should it not be possible to reach the Successful Bidder) s1 or Successful Bidder(s1's Supervisor and or should
remedial action not be taken within forte -eight (48) hours of any failure to perform according to specification;. the
City reserves the right to deem the Successful Bidderis( in default of the Contract or make appropriate reductions in
the Contract payment.
2.19. ADDITIO\,'DELETION OF F.ACILITIESIITEMSiPRODUCTS/SERVICES
Although this Solicitation identities specific facilities items products services to be serviced, it is hereby agreed and
understood that any facility item products services may be added deleted to from this Contract at the option of the
City. When an addition to the Contract is required. the Successful Biddertsl under this Contract shall be invited to
submit price quotes for these new items products ser. ices. If these quotes are comparable with market prices offered
for similar items products services. they shall be added to the Contract whichever is in the best interest of the City
and an addendum and a separate purchase order shall be issued by the City.
2.20. LABOR, SUPERVISION. AND EQUIPMENT
The Successful Bidder(s) shall furnish. at his her own expense. all labor. supervision. supplies. and equipment
necessary for satisfactory completion of all the services as specified in the solicitation. All equipment shall be
maintained in an efficient and safe operating condition while performing work under the Contract, Equipment must
hay-0 all proper safety devices required by law which shall be properly maintained and in use at all times. To this
regard. the City reserves the right to request a list of such equipment for approval of use. It near require a change of
designated equipment that are deemed by the City as unsafe or which may create an uncomfortable en'. ironment
and or service to City employees or patrons.
Successful Bidden sl shall be solely responsible for the equipment used in this contract. The City will not provide
any storage facilities for said equipment or supplies.
2.21. CITY OF \IIAMII LIVING WAGE ORDINANCE
The City of Miami adopted a Lii ing Wage Ordinance for City Serti ice Contracts with a total contract value
exceeding S 100.000 annually-, and that have been competitively solicited and awarded on. or after January 1. 2017
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681384.1
by the City.
-Service Contract" means a contract to provide services to the City. excluding. however. professional services a
defined by the "Consultants Competitive Negotiation ,Act" set forth in F.S. 287,055. and Section 18-87 of the City
Code. and. or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as
.Attachment A. Please see provisions in .attachrncnt .4.
Ifa solicitation requires services. effective on January 1. 2017. contractors must pay to all its employees. who
provide services. a living %%age of no less than S 15.00 per hour without health benefits: or a wage of no less than
S13.19 an hour. with health benefits.
This Ianwage is only a summary of the ke' pro isions of the City of Miami Living (Wage Ordinance. Please review
.Attachment A. attached hereto. for a complete and thorough description of the City of Miami Living Wage
Ordinance.
2.77. PERSONNEL
The Successful Bidder(s) shall be deemed to represent that it has. or will have upon the award of the Contract. all
necessary personnel required to perform all services arising from the award of the Contract.
All sere ices required herein shall be performed by the Successful Bidder) s) and all personnel engaged in performing
the services shall be qualified to perform such services.
2.23. SL BCONTRACTOR(SYS \IINIML 11 REQUIREMENTS
Successful Bidder(sl must list any or all subcontractor(s) that may be utilized to assist in the performance of the
work specificied herein. Any subcontractor{;)listed must meet the same requirements and submit the saute
information listed under the Bidder's Minimum Qualifications section. All information required shall be included in
the solicitation response. If Successful Biddertsl does not include any subcontractor(s) as part of its bid submittal. it
will be construed that Successful Bidders s1 will be able to handle the entire workload by itself and will not be
allowed to subcontract any of the work unless it request in writing the ]tiring of subcontractor(s) with the
aforementioned requirements attached to its request %within seventy-two (72) hours of considering hiring
subcontractor(sI. The City %will grant or deny such request in writing within forty-eight (-I ) hours or receiving said
requetit.
2.24, 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 or commodities or contractual services. a Bid received from a business that certifies that it 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:
I I 1 Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing. possession. or
use ofa controlled substance is prohibited in the workplace and specifying the action that will be taken against
Page 34 of 40
681384.1
employees for violations of such prohibition.
12 1 Inform employees about the dangers of drug abuse in the workplace. the business' policy of maintaining a
drug -free tivorkplace. any available drug counseling. rehabilitation. and employee assistance programs. and the
penalties that may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing. the commodities or contractual services that are under Bid a copy of
the statement specified in subsection (11.
(-Ili In the statement specified in subsection l 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 cnn‘iction of or plea orguilty or nolo contendere to. any violation of Chapter 893 or
of any controlled substance law or the United States or any state. for a violation occurring- in the workplace no later
than fine 15) days after such conviction.
(5) Impose a sanction on. or require the satisfactory participation in a drug abuse assistance or rehabilitation
program. it' such is available in the employee's community. by any employee who is so convicted.
461 Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section.
2.25. LIQUIDATED DAMAGES
Successful Bidders) shall provide all services for each location as listed in Section 3,1.. Specifications Scope of
‘I-ork. lithe Successful Bidder( sl fail to deliver the necessary maintenance and or repair services. it is understood
that S 100.00, per calendar day. per location not serviced. will be deducted, as liquidated damages. not as a penalty.
but as a fora of -compensation for the loss allot hay ing the use and enjoyment of a functining plavcourt to maintain
the quality of -life and public image of the City of Mianzi.
2.26. USE OF PREMISES
The Successful Bidderis) shall confine his her equipment. apparatus. the storage of materials. and the operation of
his. her workmen to the limits indicated b. law. ordinances. permit:. or direction of the Contract Administrator, and
shall not unreasonably encumber the premises with his her materials. The Successful Bidden sl shall take all
measures necessary to protect his own materials.
2.27. D;AMI.kGES
Any dainaee caused by the Succestul Bidders shall be reported to the Contract Administrator either in person or in
writing. Successful Bidders I shall be responsible for paying for any and all damages of which may be paid via
credit against monthly billing or by direct payment.
The Successful Bidderts) shall cane 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(s). 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
(I) month from date damage was done).
2.28. NON -.APPROPRIATION Of FUNDS
Page 35 of 40
(,;t I3`(d.1
In the event no funds or insufficient Roads 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 the Successful Bidders) or
his her 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).
2.29. LEGAL HOLIDAYS
Legal holidays for the City of Miami include the following:
New Year's Dav
Dr. Martin Luther King Dav
President's Dav
Memorial Day -
Independence Dav
Labor Day
Columbus Day
Veterans' Day
Thanksilivine Dav
Dav after Thanksgiving Day
Christmas Day
2.30. W .ARRANT\
The Successful Bidder(s) «ill be required to warrant all \vork performed and be required to provide a standard
t\:trrantE *r all products provided herein. The Successful Bidder(s) warrants that at the time of delivery all supplies
furnished under this Contract. will be free from defects in material or workmanship and will conform with the
specifications and all other requirements of the Contract: provided. however. that w ith respect to City furnished
property. the Successful Bidder(sfs warranty shall extend only to its proper installation. unless the Successful
Bidders) performs some modification of other work on such property. in which case the Successful Bidder(sft:
u arrant)/ shall extend to such modification or other work.
The Successful Bidder(s) shall be responsible for promptly correcting any deficiency. at no cost to the City. within
Live (5) calendar days after the City notifies the Successful Bidders) or such deficiency in writing. If the Successful
Bidder(s) fools 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(s). in writing. that the Successful Bidders)
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 tent 10) calendar days of receipt of the notice. If the Successsful
Bidder( s fails to satisfy the warranty within the period specified in the notice. the City niav (a) place the Successful
Bidders) in defaults of its Contract. and or (b) procure the products or services from another Successful Bidder(s).
and charge the Successful Bidder(s) for any additional costs that are incurred by the City for this work or items:
either throueh a credit memorandum or through invoicing.
2.31. PUBLIC CONVENIENCE :AND SAFETY
Page 36 of4))
681384.l
The Successful Bidder's) shall conduct his her work so as to interfere as little as possible with private business or
public travel. Successful Bidder shall. at their own expense. whenever necessary or required. maintain barricades.
maintain lights. and take such other precautions as may be necessary to protect life and property. and they shall be
liable for all damages occasioned in any way by his actions or neglect or that of his agents or employees.
The Successful Bidder(s) shall meet the following noise abatement performance standards for all construction
equipment:
Between the hours of 7:00 A.M. and 6:00 P.M. noise levels shall not exceed St) dB.\ at the nearest residential or
commercial property. line.
Operation ofequipntent should be avoided between the hours of6:00 P.M. and 7:00 A.M., but if required. the noise
level shall not exceed 65 dBA.
2.32. SAFETY" MEASURES
Successful Bidderts) 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 higher operation and work in progress must be posted. Successful Bidderlsl
shall provide adequate barriers. flag person. traffic cones. signs and or warning devices during the performance of
the Contract.
All employees of Successful Bidderts) shall be expected to wear safety glasses or goggles. appropriate clothing. and
hearing protection when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully
operational and in safe operating, order. Equipment remaining on site shall be locked and secure. Stockpiled soil nux
shall be protected from inclement weather and erosion by placement of secured and anchored tarpaulins or
comparable coxerings. All hand tools shall be removed d.uiIy from the site. Successful Bidderlsl 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.
:Any damage to public or private property as the result of operations of the Successful Bidderlsl, shall be the sole
responsibility of the Successful Bidderts). and shall be repaired by the Successful Bidderls). his forces. or his
selected personnel.
2.33. METHOD OF P.AN.MENT
Payment will be made within thirty (30) days arrears for services rendered the previous month. upon submission of
properly certified. approved invoices or inspection reports. All such information shall be provided to the Director of
the City fitci lity serviced for his. her approval in advance of payment.
'rile City will paw the Contract price minus any liquidated damages and. or other damages to the Successful Bidders
upon final completion and acceptance. Damages caused by the Successful Bidder(;) employeets) shall be estimated
by the Director of the City facility and computed actual costs of repairs shall be deducted from the Successful
Bidder(s)`s monthly billing(s).
Proven theft made by the Successful Bidder(s)'s employees. shall result in the replacement of the identified itemfs),
and all replacement costs shall be deducted from the Successful Bidder(s)'s total monthly billingss).
Page 37 of-l0
681384_ I
2.34. TERMINATION
A. FOR DEFAULT
if Successful Bidder(s) default; in its performance under this Contract and does not cure the default within thrity
(30) days alter written notice or default. the Cite ylanager may terminate this Contract. in whole or in part. upon
written notice without penalty to the City of Miami. In such event the Successful Bidders) shall be liable For
damage; including the excess cost of procuring similar supplies or services: provided that if. (l) it is determined for
any reason that the Successful Bidder(st was not in default or (2) the Successful Bidderts)'s failure to pert-um-1 is
w ithout his or his subcontractor's control. fault or negligence. the temiination will be deemed to be a termination for
the con enience of the City of Miami,
B. FOR CONVENIENCE
The City \tanauer may terminate this Contract. in w hole or in part. upon thirty (301 days prior written notice when it
is in the best interests ache City of Miami. 1f this Contract is for supplies. products. equipment. or software. and so
terminated for the convenience by the City- of Miami the Successful Bidden s) w ill 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 set -vices
rendered prior to termination.
2.35..\DDITIOAL 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. I f submitted either purposely. through intent or deskn. 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 Successful Biddensl's authorized signature affixed to the Successful Bidden s)'s acknowledgment fowl attests to
this.
2.36. PRI31:AR1 CLIENT( FIRST PRIORITY)
The Successful Bidden s I 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) sl may have with anv other cities and or counties to perform similar services as a result of any catastrophic
e1 ents such as tornadoes. hurricanes. seNere storms or any other public emergency impacting various areas during or
approximately the same time.
2.37. FORCE MAJEL RE
Successful Bidder's) shall not be liable for anv failure of or delay in the performance of this Contract for the period
that sueh failure or delay is due to causes beyond its reasonable control. including but not limited to acts of God.
war. strikes or labor disputes. embargoes. government orders or any other force majeure event.
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6813 8-I.1
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
This scope of work shall include all labor. materials. tools. fees. licenses. hoisting. hauling, equipment and
supei—ision required for the proper and complete performance of the resurfacing of various City of Miami
Parks play courts.
Successful Biddertsl shall:
1. Perform all work in strict accordance to the Contract document; and specifications in Attachment
B-Section 02986 Repair and Resurface. located in the Ileader•Attachment Section of this solicitation:
2. Pressure clean existing court to remove mildew and dirt prior to resurfacing:
3. Patch all cracks prior to resurfacing.:
4. Flood the courts to identify low areas and "bird baths". patch low areas that retain more than 18" inches of
water after flooding:
5. Apply weed killer over entire asphalt to be resurfaced:
6. Apply one t 1 I coat of acrylic resurfacing product to repair minor depressions and imperfections:
7. Apply three (3) coats of acrylic color paint:
8. Repair or replace damaged landscaping, including irrigations:
9. Repair any and all damages to poured in place. fencing, or surrounding. areas;
10. Include protection of work site. (i.e.. barricades. caution tape, windscreen. lock for gatets). etc.):
II. Add one I l") inch asphalt overlay on eNiStin; Court if more than fort: (40",") percent ofplay court surface
is covered +with cracks. Acceptance of this item shall be at the sole discretion of Contract Administrator:
l Saw cut existing edges to provide uniformity and stable existing pa+ ement prior to adding one (I") inch
asphalt:
13. Remove and dispose of all debris off site: and
14. Lea+e site in "ready" for use conditions.
In addition. Successful Biddertsl shall:
1. Deduct the cost to patch all cracks. should the one II") inch asphalt option be selected:
'. Include in the bid the construction and removal of any temporary access to site (if applicable): and
3. Provide detailed schedule indicating project duration to Contract :Administrator no later than five (5)
working days after issuance of -purchase order. and adhere closely to the agreed schedule.
Please refer to "attachment B-Section 02986 Repair and Resurfacing" in the Header/Attachment Section of
this solicitation for additional specifications/scope of work.
Notes:
1. Successful Bidder(s) acknowledges that the Successful Bidder(s) shall work continuously at the projectts)
site(s) for the full duration of the projectts) to ensure a tinsel+ completion of the project(s):
_'. .An. obvious error or omission in specifications shall not be used to the benefit of the Successful Biddertsl
but ;hall put the Successful Bidderts} on notice to inquire of or identify the saute from the Parks and
Recreation Department:
Insurance MIL'ST be pro+ided within forty-eight (48) hours from time of notification.
q .Additional repairs outside the scope of work must be reported to the Contract Administrator prior to the
Page 39 of 40
68 13 4, l
commencement of work. No 5vork shall be completed without the approval of the Contract Administrator
or Desi<<nee.
**.Vole: Sc'r1Yc'es Jh')'Jhrtirc J Jr),' Ilk City )will rc'c111irL' hL•L'71.5'c:S c111c1 pL'1'1n/l,., 1)t the s'c11)ts.' Tc11111kV' tis p!'ll'c11L'
cm1S(r1rc'tio)1 proj,.'cts a /thin tl7L' City. The S11cL•essfi1J Bichlcrt's) shall secure, al his her e. ypensc. all licenses wtd
permits and shall fully comply trials cell applicable fetus. regulations curd codes as required hr the State of'Florida.
cmum., or local orclinturces.
The' Successful BicOLA:1'I+1 intr.+a 111111 comply with all !'ticral cm,1 state lcnrv, ct)untr and municipal ()rtlil?Lrnc's, e1nc1
ref uloti n in am minuet- atIL•c'lin! the 12ro 'L1ttlr)la 1?I the work. .1nl'fines en. pc'ncrlties to the S1/ccL'.C.SJill Bhklerro
,hull he paid Lit the .S"11Lcc.Svittl 6iJJLJL'rti)'s t'.tpcnsL'.
Pa,e 40 of 40