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HomeMy WebLinkAboutBack-Up Documentsi l AWARD RECOMMENDATION AND APPROVAL FORM Date: 10/ 24/2014 Department/Division: Citywide Department Contact Name/Number: Richard McLaren, C.P.M. Bid/Contract Number: IFB 371326,1 Sr. Buyer: Richard McLaren, C.P.M. Summary/Description of Purchase: Decontamination, Disinfection and Disposal of Bio-Hazardous Waste and Spills Justification for Award/Contract: Award of this 1FB will enable the City to deal with spills and waste in a timely and proper manner on an as needed basis Type of Contract: Method of Purchase: ❑ Single Purchase /1 Formal Bid (include bid tabulation) ❑ Short -Term Contract ❑ Competitive Negotiation (include documentation) L. Lease ❑ Other Governmental Contracts (include documentation) M Term Contract ❑ Contract Increase Contract Period Two (2) Years OTR: Three (3) Additional One (I) Year Periods * Recommended Vendor(s): Location Status: Award/Contract Value Bioresponse Corporation Local <$50,000.00 * Total Bid Award/Contract (including value associated vit }otential OTR): $50,000.00 ji Award Recommended By: /Jr • . i3 i% ari` !# i rl ent Director/Designee Signat[I e * Allocating funds from t e various our s of the user department, subject to availability of funds and Source(s) of Funds: budgetary approval at the time f n d. Account Code(s): Funding Approval: Certified By: Approved: VA I illoP rt DMB Director/Designee Chie-f.Ero urement Officer/Designee Cit M ana aat *Not applicable for tern contract A!Al ATl1 CCn`(Y.i1SCMIlA—�� J. SAIfl Axof+!AI =1 JII Tabulatlo i or Bids 1E5371325,1 For Decontamination. Disinfection and Disposal :f Blo-Hazardct.s Waste Hydrocarbons or Cher; cal Spi la Biorerponso Corp Spaulding Decor, LIC Line H Lino Description 1 Unit of Measure Estimated Mgt nit Price Quantity Unit Price I •Group 1. ^1contaminatlon and Blo-Hazardous and/cr Hazmat Cleanup Services - Fla`. Nate (all :news vel for incldenz considered "normal" ard will be capped at one (1) hour maximum bll:ing (also choose one of the Included attributes below) See Sp=-dfi=atlons Section 3,7 for group descriptions, car 1 $94.00 $121Ao 4 1a a. Above 3ld irking Is or Decontamination aic Ble-Hazardous Clean-up Services (indicate Yes or No) Yam, YES d Lb b. Abcue Bid Pricing 1s for Decorstarninatian and Hazmat Clean -ad Services (indicate Yes or ii'ol YES' YES it lc C. Above Lid Pr cing is for Botr - Bid Price will be a standard flat rate fee for Decontamination and 11 o-HezardousiHazmat dean- up se -vices !I^;.Ivaco Yes or No) YES' YE3 if 2 Group 2- Decontamination and 313-Hazaraous and/or -lama CleanupSe-Wces - flat Rate (all Inclusive) for Incicents capped at two (2; ^.nt.r rraxlntutn billing (also choose ore of tie included attributes below) See SpeciPcaticns Section 3.7 far group dos. riptIons. 'lager 1 $1118.00 5550.00 ri 2a ar. Above Bld Pr airy is far Derontartira1on and 8'o-haaardcas Ciaan•up Se rvlees jidicate Yes or No) YES' YES 4 2b b. Above 31d Pricing rs for Decontamination and Hazmat Clean-up Services (indicate Yes n^ Mc; veld YES' YES 42c c..4oave Prk:irg Is `or P01:11- DM Prlca will ba a standard tsar rate fee for' Decortaminallorand elo-Hazardous/Hacmatc.eart- up services (Indicate Yes or Nel YES' YES il3 Group 3- Decantainicarlon and Blo•Hazardous aid/or Hezmat Cleanup Services. Any scene invoivhtg more time beyond the two ;2) how flat rate, disposal anti/or bio-hazer ti technicians - Rate oor }'lour per technidan (also choose or of the included attributes below) Sea Sonelflt tions Section 3.7 or group descriptions. HOW li 534.D0 $75.00 it 3a ail, Above old Pricing is for Decontamination and Bks-Hazardous Clean-up Services (indicate Yes or No) r YES* Y25 p 3l1 b, Above Bld Prlclrg Is for DecortarntratIon and :Aiwa-. at Clean up Services Br d!c at'e Yes or No) YES* YES 4 3c C. Above mid Prcing s for Both - Ifid Pr',e will be a standard gat rate fed for Demoting radon and B'o-Hazardous/Hazmat clear- up services (indicate Yes or No) YES" YES 4 ail Under Group 3- Decontamination and Bic-Elazar.ous and/or Hazmat Cleanup Services - Itate tor an additional liquid 'diu-ifizard and/or Hazmat container, up to a thirty-`ive 135) gallons, lnd..chig legal disocsal Container 1 $50.00 $10C.00 it 5 Under Group 1- Decontan'sraticn and 0'o--lazardous and/o• Hasrrat Cloanup Services - Rate for an additional liquid Blo-Hazard a'tc/ar -azmat contain a', up to a nlrty-six (951 gallons, Including legal oirprlsal Container 1 $11Q,30 $f_95.00 'I G Group s: Ail-Inr-ktsive cost for Priissum Cleaning an ealst!re. 'nlat/manhdes 'mended by accident or legal soills as indre9ted by Public Works or City Engineer (I.e. such es motor car oil/tra'•sm'ssion spills, hct.sehold paint, ant -freeze, grease, cnoldng ,R, etc.) lob 1 $149.30 $750,00 :tar clarification letter doted i0) 10/ L4 and supplier res:sar sr datod30/14/14 Croatrdl by A'dtard'vlt:Laren 10/70/1014 Page 1 Of a App-aved by_ -actor orb, I1' Detail by Entity Name Page 1 of FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS . °:: Detail by Entity Name Florida Profit Corporation BIORESPONSE, CORP. Filing Information Document Number P05000078630 FEWEIN Number 202954991 Date Filed 05/31/2005 State FL Status ACTIVE Principal Address 7351 NW 7 Street #H MIAMI, FL 33126 Changed: 02/27/2014 Mailing Address PO Bo 558711 MIAMI, FL 33255 Changed: 02/27/2014 Registered Agent Name & Address POZO, MANUEL 7351 NW 7 Street H MIAMI, FL 33126 Address Changed: 02/27/2014 Officer/Director Detail Name & Address Title D POZO, MANUEL 8264 SW 107 Street MIAMI, FL 33156 Title D DE JESUS, RICARDO M http::`search.sunbiz.orgg'inquiryCorporationSearch.`SearchResultDetail Entity Name "dom... 10.23'2014 Detail by Entity Name Page 2 of 2 8465 SW 107 ST MIAMI, FL 33156 Annual Reports Report Year 2012 2013 2014 Filed Date 04/18/2012 03/26/2013 02/27/2014 document Images 02/27/2014 --ANNUAL REPORT 03/2312013 -- ANNUAL REPORT 041 18/2012 -- ANNUAL REPORT 01/20/2011 --ANNUAL REPORT! 01/12/2010 -- ANNUAL REPORT 04/20/2009 ANNUAL REPORT 01123/2008--ANNUAL REPORT 04'19/2007 -- ANNUAL REPORT 03/28120.06 -- ANNUAL REPORT 0513 1/2005 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format httpa/search.sunbiz.orgllnquiry!Corpora,tionSearchlSearchResultDetail/Entity Namefdom... 10�23�2014 Quote: 2099315 (RFQ 371326.1 Page 1 of 7 Requisitions Sourcing Negotiations Quote: 2099315 (RFQ 371325,1) .Intelligence Title FS Time Left Quote St; ie Quote Currency Contact Suppliers' Quote Number Quote Status Note to Buyer Title A:tncllimr;ts No results found. Requirements 0 seconds Sealed USD Pozo, Manuel Active �= I ^c._. H 1 Details Section General Requirements Actions Hv .� Ly`g= `• P-afa";rc Ha' 37 " 7 Online Discussions Close Date 03-Oct-2014 14:00:00 Ranking Price Only Supol;er Bioresponse, Corp. Supplier Site Qua, Va1d lint] Purchase Order 5hortiist included Type Description Category Last Updated Usage Update Delete Requirement Legal Nance of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Address, City, State, Zip: Office Location: City of Miami, Miami -Dade County, or Other Occupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: Provide copies of all required licenses/certifications to operate this contract. Attach to Header/Attachments Section. Will Subcontractor(s) be used? (Yes or No) Maximum Score 0 Score 0 11-25 of 26 Target Value Quote Value Bioresponse, Corp. Corporation 7351 NW 7 street number 14F Miami, FI, 33126 Miami. -Dade County 5867321 Miami -Dade County 31-Aug-2015 Department of Health 13-6409539 13- 6410889 13- 641385326 no Maximum Score, Score http:"imapI.riverside.erngov.net:8003 OA_HTML/OA.jsp?OAFunc=PONRESENQ_VIE... 10'10 2014 Quote: 2099 315 (RFQ 371326.1) Page 2 or 7 If subcontractor(s) will be util'zed, provide their name, address and the the portion of the work they wrRi be responsible for under this contract (a copy of their licenses) must be submitted with your bid response): Is this service contract a citywide cont-act? (Yes or No) If the above answer is no, please ind,cate the name of the city (end user) department that your contract yr{il serve: Provide brief description of the project or service to be provided Please list and acknowledge all addendum/addenda rece.ved. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/}were issued, please insert N'A.. Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above referenced company/agency listed: Reference No. 1: Name of Contact Person and Telephone Number for above referenced no. 1 Reference No. l: Date of Contract or S=a'e for above referenced no. 1 P.efe,•ence. N.. 2: Nanle of Compare'Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 2: Address, City, State, and Zip for above referenced company/agency- listed: Reference No. 2: Name of Contact Person and Telephone Number for above referenced no. 2 Reference No. 2: Date of Contract or Sale for above r_fere.nced no. 2 P.eference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: P.eference No. 3: Address, City, State, and Zip for above referenced company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above referenced no. 3 Total Contract Terms Variables Details Section Clause Variable No Subcontractors Yes Bio-Haz Mat cleaning, disposal and response. Amendment 1 10/06/2014 P,liami-Dade County Police Department 9105 NW 25 Street Dural, Florida 33126 Bill Hanlon 954-816- .5309 Since 2003 to present -- Cit'/ of Miami Police Department 400 NW 2 Ave. Miami, FI. 33123 Wendall Harris 305- 216-1180 ;Since 2010- present Miami Beach Police Depa,rtn lent 1100 Washington Ave Miami Beach, Florida 33139 ].0 Pedrosa 305-673- 7932 Pre,; iaus 11-25 of 26 V II N =xt 1 0 Description Value 0 http: "imap 1.river•side.cmgov.net:800 3'OA_HTML/O a.fsp?OAFunc=PONRESENQ_VIE... 10'I b, 2014 Quote: 2099315 (RFQ 371326 '" Page 3 or 7 No variables found. Deliverables _ I^:d'_a`.rs deliverable is b••,e.rdue Deliverable Narne No deliverables Found. Lines X Ird,cat's re5 `rr;.:l flat/ fa "end to perform tie deli''erable Due Date �'TiP A!I prices are In USD• Quote Total (UJSD) 6,85,00 :' r� c 's 1 Start Target Quote Details Line Rank Price Price Price Unit Hwy l Group 1- 1 94 Dollar Decontam inatron and Bio- Hazardous andR or Hazmat Cleanup S ri ces - Flat Rate (all inclusive) for incidents considered "normal" and will be capped at one (1) hour maximum billing (also choose one of the included attributes below) See 'Specifications Section 3.7 for group descriptions. Attributes Status Alert Update Target Quote Minimum Minimum Estimated Release Release Quantity Amount Amount 1 Attribute a. Above Bid Pricing is for Decontamination and Bio-Hazardous Clean-up Services (Indicate Yes or No) b. Above Bid Pricing is for Decontamination and Hazmat Clean-up Services General (Indicate Yes or No) c. Above 64.1 Pricing is for Both - Bid Price will be a standard flat rate fee for General Decontamination and Bio-Hazardous/Hazrnat clean-up services (Indicate Yes or No) - Target Group Value G"�i,�ral Line Active Total Quotes 94.d6L Quote Value yes no http:l/imap 1.riverside.crngov.net:8003'OA_HTNIL/OA.jsp?©AFunc-PONRESENQ_VIE... 10;10'2014 Quote: 2099315 (RFQ 371326 Page 4 of 7 Attachments Title No results found. Type Description Category Last Updated �+ '-: 2 Group 2- 1 138 Dollar 1 Decontamination and 8io- Hazardous and/or Hazmat Cleanup Set -vices - Flat Pate (all inclusive) for incidents capped at two (2) hour maximum billing (also choose one of the included attributes below) See Specifications Section 3.7 for group descriptions. Attributes !Attribute 'a. Above Ed Pricing as for Decontamination and B:o-Hazardous Clean-up Services (Indicate Yes or No) :b. Above Bid Pricing is for Decontamination and Hazmat Clean-up Services (Indicate Yes or No) c. Above Bid Pricing is for Both - Bid Price will be a standard fiat rate fee for Decontamination and Bio-Hazardous/Hazmat dean -up services (Indicate Yes or :No) Attachments Title No results found. Type Description J H e 3 Group 3- 2 Decontamination and Bic - Hazardous and/or Hazmat Cleanup Services. Any scene involving more time beyond the two (2) hour Flat Category Last Updated 94 Hour Group Value General General ,General Usage Update Delete 153.00 Target Quote Value yes no no Usage Update Delete 94.00 2 http:/'imap1.riverside.cmgov.net:800 3'OA_HTNIL/OA.jsp?©,AFunc=PONRESENQ_VIE... 10/10'2014 Quote: 2099315 (RFQ 371326 11 Page 5 of 7 rate, disposal and/or bio- hazard technicians - Rate per hour per technician (also choose one of the included attributes below) See Specifications Section 3.7 for group descriptions. Attributes Attribute No results found. Attachments Title No results found, Group Target Value Quote Value Type Description Category Last Updated Usage Update Delete !i _ .}Under Group 3- Decontamination' .and Bio- Hazardous and/or Hazmat Cleanup Services Rate for an additional liquid Bio-Hazard and/or Hazmat `container, up to a thirty-five (35) gallons, including legal disposal Attributes Attribute No results found. Attachments Title :No results found. 50 Conta,r er 1 Group Target Value. 50.00 Quote Value Type Description Category Last Updated Usage Update Delete H :'? Sunder Group 1 110 Container 1 110.00 2 §ltti�: imap 1.riti erside.cmgov.net:8003'0.A_HT NIL/OA.jsp?O:1Func=PONRESENQ_V[E... 1010;201- Quote: 2099315 (RFQ 371326 11 Page 6 of 7 3- Decontamination and Bio- Hazardous and/or Hazmat Cleanup Services - Rate for an additional liquid Bio-Hazard and/or Hazmat container, up to a ninty-six (96) gallons, including legal disposal Attributes Attribute No results found. Attachments Tide No results found. Group Target Value_ Quote Value Type Description Category Last Updated Usage Update Delete 6 Group 4: Ail- 1 inclusive cost for Pressure Cleaning an existing inlet/manholes impacted by :_accident or illegal spills as indicated by Public Works or City Engineer (i.e. such as motor car al/transmission spills, household .paint, anti - :freeze, grease, cooking oil, etc.) Attributes Attribute No results found. Notes 149 Job Group Target Value 1 149.00 Quote Value http: imapl .rlverside.cmgov.net:8003`0A_HTNIL/O.A.jsp?OAFunc=PONRESE VQ_` 1F.... 10 `10 2014 Quote: 2099315 (RFQ 371326 1' Page 7 of 7 Note to Bayer If no water containment is needed Attachments Title No results found. Type Description Category Last Updated Usage Update Delete (PFQ 37I37'.3 fl Actions lOnline Discussions 72, Ir, N,r}� r Pre ices H&p iv Go http://imap 1.riverside.cmaov.net:8003'O a_HTNIL/OA.j sp?OAFunc=PONNRESENQ_VIE... 10/10/201-1 eitg of 41 ANNIE PEREZ, CPPO DANIELJ. ALFONSO Director of Procurement Oily Mrlanager ADDENDUM NO. 1 IFB No, 371626 October 6, 2014 Decontamination, Disinfection & Disposal of Bio-Hazardous Waste & Spills 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 following lines in the IFB document have been revised to read as follows: Line #4: Under Group 3-Decontamination and Bio-Hazardous and/or Hazmat Cleanup Services -Rate for an additional liquid Bio-Hazard and/or Hazmat container, up to thirty-five (35) gallons, including legal disposal Category: 47577-75 Unit of Measure: Container Unit Price: S Pian{+fastureF Mal44u a-ber gla.l-iar Part Nit/€nbe Line #6: Unit Price: $ Number of Units: 1 Total:S Number of Units: 5 1 ALL OTHER TERMS AND CONDITIONS OF THE IFS REMAIN THE SAME. Sincerely, Annie Perez, CPPO Director/Chief Procurement Officer City of Miami Invitation for Bid (IFB) Purchasing Department Miami Riverside Center 444 SW 2ml Avenue, r Floor Miami, Florida 33130 Web Silo Address: http:I1ci.miaml.fl.us;procuroment IFB Number: 371326,1 Title: IFB for Decontamination, Disinfection & Disposal of Bio-Hazardous Waste & Spills Issue Date/Time: 06-OCT-2014 IFB Closing Date/Time: 10/08/2014 ® 1.4:00:00 Pre -Bid Conference: Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Wednesday October 1, 2014 at 3:00 PM Buyer: McLaren, Richard Hard Copy Submittal Location: City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US Buyer E-Mail Address: RMcLarcn(amlamigov.corn Buyer Facsimile: 3054005104 Page 1 of 40 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in detennining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F 0.B, DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-I07 or Ordinance No, 12271, All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting. a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and condition, of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIER NAME. ADDRESS: PHONE: FAX. EMAIL: BEEPER: SIGNED BY: TITLE: DATE. FAILURE'1'0 COMPLETE. SIGN. AND RI; ;URN TELLS mat SII. Li.. DISQUAIJFY TIIIS Page 2 of 40 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Address, City, State, Zip: Office Location: City of Miami, Miami -Dade County, or Other Occupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: Provide copies of all required licenses/certifications to operate this contract. Attach to Header/Attachments Section. Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their na►ne, address and the the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): Is this service contract a citywide contract? (Yes or No) If the above answer is no, please indicate the name of the city (end user) department that your contract will serve: Provide brief description of the project or service to be provided Page 3 of 40 Please list and acknowledge ail addendum/addenda received. List the addenduniiaddenda number and date of receipt (i.e. Addendum No, 1, 7/1/07). Um) addendum/addenda was/were issued, please insert NiA. Reference No. I: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above referenced company/agency listed: Reference No. l: Name of Contact Person and Telephone Number for above referenced no. 1 Reference No. 1: Date of Contract or Sale for above referenced no. 1 Reference No. 2: Name Of Company. Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 2: Address, City, State, and Zip for above referenced company/agency listed: Reference No, 2: Name of Contact Person and Telephone Number for above referenced no. 2 Reference No. 2: Date of Contract or Sale for above referenced no. 2 Reference No, 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above referenced company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above referenced no. 3 Page 4 of 40 Reference No. 3: Date of C'ontraet or Sale for above referenced no. 3 Page 5 of 40 Line: 1 Description: Group 1- Decontamination and Bio-Hazardous and/or Hazmat Cleanup Services - Flat Rate (all inclusive) for incidents considered "normal" and will be capped at one (1) hour maximum billing (also choose one of the included attributes below) See Specifications Section 3.7 for group descriptions. Category: 96127-00 Unit of Measure: Dollar Unit Price: $ a. Above Bid Pricing is for Decontamination and Bio-Hazardous Clean-up Services (Indicate Yes or No) b. Above Bid Pricing is for Decontamination and Hazmat Clean-up Services (Indicate Yes or No) c. Above Bid Pricing is for Both - Bid Price will be a standard flat rate fee for Decontamination and Bio-Hazardous/Hazmat clean-up services (Indicate Yes or No) Line: 2 Number of Units: 1 Total: $ Description: Group 2- Decontamination and Bio-lazardous and/or Hazmat Cleanup Services - Hat Rate (all inclusive) for incidents capped at two (2) hour maximum billing (also choose one of the included attributes below) See Specifications Section 3.7 for group descriptions. Category: 96127-00 Unit of pleasure: Dollar Unit Price: $ a. Above Bid Pricing is for Decontamination and Bio-Hazardous Clean-up Services (Indicate Yes or No) b. Above Bid Pricing is for Decontamination and Hazmat Clean-up Services (Indicate Yes or No) _ c. Above Bid Pricing is for Both - Bid Price will be a standard flat rate fee for Decontamination and Number of Units: 1 Total: $ Page 6 of 40 Bio-Hazardous/Hazmat clean-up services (Indicate Yes or No) Line: 3 Description: Group 3- Decontamination and Bio-Hazardous and/or ltazniat Cleanup Services. Any scene involving more time beyond the two (2) hour flat rate, disposal and/or bio-hazard technicians - Rath per hour per technician (also choose one of the included attributes below) See Specifications Section 3.7 for group descriptions. Category: 96127-00 Unit of Measure: Hour Unit Price: $ a. Above Bid Pricing is for Decontamination and Bio-Hazardous Clean-up Services (Indicate Yes or No) b. Above Bid Pricing is for Decontamination and Hazmat Clean-up Services (Indicate Yes or No) c. Above Bid Pricing is for Both - Bid Price will be a standard flat rate fee for Decontamination and B io-Hazardous/Haznnat clean-up services (Indicate Yes or No) Line: 4 Number of Units: 1 Total: $ Description: Under Group 3- Decontamination and Bio-Hazardous and/or Hazmat Cleanup Services - Rate for an additional liquid Bio-Hazard and/or Hazniat container, up to a thirty-five (35) gallons, including legal disposal Category: 47577-75 Unit of Measure: Container Unit Price: $ Line: 5 Number of Units: 1 Total: $ Description: Under Group 3- Decontamination and Bio-Hazardous and/or Hazmat Cleanup Page 7 of 40 Services - Rate for an additional liquid Bio-Hazard and/or Hazmat container, up to a ninty-six (96) gallons, including legal disposal Category: 47577-75 Unit of Measure: Container Unit Price: $ Line: 6 Number of Units: 1 Total: $ Description: Group 4: All-inclusive cost for Pressure Cleaning an existing inlet/manholes impacted by accident or illegal spills as indicated by Public Works or City Engineer (Le. such as motor car oil/transmission spills, household paint, anti -freeze, grease, cooking oil, ctc.) Category: 96127-00 Unit of Measure: Job Unit Price: $ Number of Units: 1 Total: $ Page 8 of 40 Table or Contents Invitation for Bid (OFB) 371326,1 Terms and Conditions 10 1, General Conditions 10 1. I. GENERAL TERMS AND CONDITIONS 10 2. Special Conditions .30 2.1. PURPOSE .... 30 2.2. DEADLINE FOR RECEIPT OE REQUEST FOR ADDITIONAL INFORMATION -CLARIFICATION ,,. .30 2.3, TERM OF CONTRACT 30 2.4. CONDITIONS FOR RENEWAL 30 2,5. NO` -APPROPRIATION OF FUNDS 30 2.6. METHOD OF AWARD .30 2.7. FIXED AND FIRM PRICING 31 2,8, BIDDERS MINIiMIJM QUALIFICATIONS 31 2,9, CERTIFICATE REQUIREMENTS/COMPLIANCE WITH FEDERAL STANDARDS 31 2.10. LICENSES, PERMITS AND FEES 32 2.11. RESPONSE TIME 32 2.12. FAILURE. TO PERFORM 32 2.13, INSURANCE REQUIREMENTS FOR BID -HAZARDOUS WASTE CLEAN UP SERVICES ..,32 2.14. METHOD OF PAYMENT 35 2.15. COMPLETED SERVICES 15 2.16, RECORD KEEPING 35 2.17. ADDITIONS; DELETIONS OF FACILITIES/ITEMSISERVICES/SUPPLIER(S) 35 2.18. CONTRACT AMAINMS1'RATOR(S) 35 2.19I. SUPERVISION AND AUTHORITY 35 2.20. TIE -BIDS 36 2.21. LIQUIDATED DAMAGES 36 2.22. USE OF PREMISES 36 2.23. DAMAGES TO PUBLIC/PRIVATE PROPERTY 37 2.24. REFERENCES 37 2,25. SAFETY MEASURES 37 2,26. TERMINATION . 37 2.27. ADDITIONAL TERMS AND CONDITIONS 38 2.28. PRIMARY CLIENT (FIRST PRIORITY) 38 3. Specifications 39 3.1. SPECIFICATIONS/SCOPE OF WORK .... 39 3.2. DECONTAMINATION 39 3,3, DISPOSAL 39 3,4. RESPONSE TIME 39 3.5. DETAILS 39 3.6. RECORD KEEPING 39 3.7. GROUPS 40 Page 9 of40 Invitation for Bid (IFB) 371326:1 Tears and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request fur Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law. as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this forinal solicitation, if applicable, shall remain the property of the .seller until a physical inspection and actual usage ot'the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods.!equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the biddertpropescr; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION —The City reserves the right to acceptor reject any or all responses or parts of after openingiclosing dale and request re -issuance on the goods/services described in the formal solicitation. In the event ot'such rejection, the Director of Purchasint shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation, 1.4. ADDENDA — it is the bidder'slproposer's responsibility to ensure receipt daft Addenda. Addenda are available at the City's website at: http:!/www.ci.miatni.fl.usiprocurcment 1.5.. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response Prose the sank Bidder/Proposer for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate Response", Alternate response shall be placed in the same response, This provision only applies to formal solicitations for the procurement of goads, services, items, equipment, materials, and'or supplies. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resul ling Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - in connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post -judgment Page 10 of40 Invitation for Bid (IFB) 371326,1 proceedings. 1.8. AUDIT RICFITS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at. all reasonable tunes to the City, or to any of its duly authorised representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City, 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi -governmental entity in die, State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract prices) established herein, when permissible by federal, state, and local laws, roles, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the snccessfitl bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's:Propcser's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract'agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tic 13ids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award ot'this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder1Proposer 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 hi default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/'`Proposcr's Response and may accept the Response from the next lowest: responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution front Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's'Proposer's default, D. The terra of the contract shall be specified in one of three documents which shall be issued to the successful Bidder: Proposer. These documents may either be a purchase order, notice of award and: or contract award sheet. E. The City reserves the tight to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. lithe right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same: price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) clay extension may occur, if, the City and the Successful Bidder:Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion or the expressed or implied warranty periods. Page 11 of40 Invitation for Bid (IEB) 371326,1 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. FT. A Contract'Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida. payable to the City of Miami, for the amount bid is required from all bidders/proposers, it so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract'agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder.'Proposer shall forfeit bid deposit to the City should City award corttract;'agreement to Bidder; Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders; proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date dale formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORM) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/cr 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 nwst advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - Wand wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidderiproposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard ofdesian, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When biddingiproposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures. etc.) in order for the City to evaluate and determine the equality of the items) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City, Such samples are to be furnished after fo mai solicitation opening closing only upon request of the City. If samples should he requested, such samples ntttst be received by the City no lat;.r than seven (7) calendar days after a formal request is made. 1,15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid'proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deli veriperform the goods?services required by the City, is a business risk which the contractor trust assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. Ifcontractor has been unable to recoup its capital expenditures during the time it is rendering such goodsfservices, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable Page 12 of 40 Invitation for Bid (IFB) 371326,1 for, or responsible to, the BiddcriProposcr.'Consultant, any sub-contractor'suh-consultant, or to any other person for, or on account of. any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18, COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is tnade without previous understanding, agreement or connection either with any person, firm or corporation submitting a response for the same itcros'services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that it 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 investiga c all potential situations where collusion may have occurred and the City reserves the right to reject any and all bidslrcponscs where collusion may have occurred, 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including,but not limited t0: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin,, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287,133(3)(A) on Public Entity Crimes, D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation, E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. 1. City Procurement Ordinance City Code Section IS, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-•74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. Lack of knowledge by the hiddcr,'proposcr will in no way he a cause for relief from responsibility, Non-compliance with all local, Mate, and federal directives, orders, and laws may be considered grounds for termination of eontract(s). Copies o f the City Ordinances may be obtained from the City Clerk's Office. 1.20, CONE OF SILENCE - Pursuant to Section 18-7-4 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or 1F13 after advertisement and tenninates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Page 13 of40 Invitation for Bid (IFB) 371326.1 Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to. the City Manager and the City Manager's staff°, the 'Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation corntnillee. The provision does not apply to, among other conununications: oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visitslinspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or inch -ibex oldie City Commission unless specifically prohibited by the applicable RFI', RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions), or communications in connection with the collection of industry comments or the performance of market research. regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing scat% Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any persor, upon request. Written communications may be in the form of c-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject saute to potential penalties pursuant to the City Code, Any person having personal knowledge ora violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission, Proposers or bidders should reference Section 13-74 of the City of Miami Code for further clarification. This language is only a summary or the key provisions of the Cone ot'Silence. Please review City of Miami Code Section 1 S-74 fur a complete and thorough description of' the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY IALIiTY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law, If this Contract'Agrcemcnt contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no eleetedrappoiuted official or employee of the City ofhvliami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation, Any such interests on the part of the Bidder'Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidderr'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 himsclflhcrself./itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for Itistlierlits personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges Ihat he/she/it has not contracted or transacted any business with the City or any person or a<oency acting for the City, and has not appeared in representation early third party before any Page 1/4 of 40 Invitation for Bid (IFB) 371326, l board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of' any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1,.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and biddersfproposcrs agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1,24, COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)iProposer(s). 1.25. DEB, RNIENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party. and aster reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party front consideration for award or city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to he indicative of nonresponsibiliry. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) (7) False certification pursuant to paragraph (c) below. Found in violation ofa zoning ordinance or any other city ordinance or regulation and for which Page 15 of40 Invitation for Bid (IFB) 371326,1 the violation remains noncompliant. (8) Found in violation ofa zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city, (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARREDrSUSPENDED 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 ofa public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAUL"TIFAILLRE TO PERFORM - The City shall be the sole judge of nonperformance, which shall Include any failure on the part of the successful Bidcler/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 BidderProposcr of the default and will provide thc contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to pet -limn the work or deliver thc goods/services required under the Contract and/or within the time. required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in thc Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform thc work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of pert'onning thc work in accordance with and as required by the Contract. F. Failure to comply with any ofthe teens of the Contract in any material respect. All costs and charges incurred by the City as a result ofa default or a default incurred beyond the time limits stated, together with the cost cif completing the work, shall he deducted from any monies duo or which may become due on Page 16 of 40 Invitation for Bid (iFB) 371326,1 this Contract. 1.28. DETERMINATION OF RESPONSiVENES.S - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which Follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation. is of timely submission, anti has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Response non -responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT- Discount Price, offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)iProposer(s) during the tern of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to iiidderTroposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be repotted in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents), The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence— Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being he governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the cornmcditiesfscrviccs defined within the scope of this formal solicitation a the price contained within vendor's response, Further, successful vendor shall deliver/perform for the city on a priority basis during such times ofernergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Nliasui 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 represent; the entire understanding and agreement between the parties with respect to the subject matter hereof and si:r'e: cedes all other negotiations, understanding and representations, if any,. trade by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of tale terms and conditions contained in the Formal Solicitation and.or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33, ESTII'IATED QUANTITIES —Estimated quantifies er estimated dollars are provided for your guidance only. No guarantee is expres ed 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. 1.3q. EVALUATION OF RESPONSES Page 17 of40 Invitation for Bid (IFB) 371326,1 A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response; 3) Response does not conform to the requirements or the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re-aci.vertise for all or any part oldie 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 whichh has failed to pertbrm under the terms and conditions of ary previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City`s Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the got± dsoNoipmer.t:'services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient Financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder.'Proposer, including past performance (experience) with the City or any other governmental entity in making the award, 3) The City may require the Bidder(s)rProposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the ForInal Sol ici lation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be Listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall he cause for the bid (IEB) to he considered non -responsive. it also may be cause for a RFP, RFQ, or RFI..i to be considered non -responsive; and, if exceptions are taken to the terms and conditions ot'the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quotediproposed by the bidder:'proposcr must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the hidproposai price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. Page 18 of 40 Invitation for Bid (iFB) 371326,1 1.37. FiRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will he firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38, FLORIDA iMINIMU yI WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its. employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder. proposer and his/her subcontractor(s). if applicable, full responsibility to determine whether any of its employees inay be impacted by this Florida Law at any given point in time during the term or the contract. If impacted, bidder'propcser trust furnish employee narne(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposcr's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term cf contract and waiver cf any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The panics agree that any action, mediation or arbitration arising out ot'this Contract shall take place in Miami -Dade County, Florida. 1.40, HEADINGS AND TERMS - The headings to the various paragraphs or this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or atTccting in ally way the expressed terms and provisions hereof. 1.41. IIEALTII INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (f IPPA) - 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 (1II-II) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami or 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 [IFILP[II will be held confidential: E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment, and incorporating any amendments requested by the customer; G. INlaking PI -[I available to the City ofNlianti for an accounting of disclosures; and H. Making internal practices, books and records related to fill available to the City of Miami for compliance audits. Page 19 or 40 Invitation for Did (IFB) 371326,1 PHI shall maintain its protected status regardless of the fiirm and method of transmission (paper records, and/or electronic transfer of data). The Bidder' Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42INDEMNIFiCATION - Contractor shall indemnify , hold harmless and defend the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses.. and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agent;, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its of tieiats and•'or employees were negligent. These indemnifications shall survive the term of this Contract. in the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in ne way limit the responsibility to inilcamtify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at Ciiy's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws ot'the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.03, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or emissions or the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43. FORMATION AND DESCRIPTIVE LITERATCRE—Biddcrs:Proposcr must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (N1SDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1. i4.1VSI'T.CTtC) S - 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 snake available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miiami Ordinance No. 12271 (Section 15-79), 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. BidlProposat results will be tabulated and may be furnished upon request via Page 20 of 40 Invitation for Bid (IFB) 371326,1 fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.46. INSLR4NCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Eividence of Insurance to the Purchasing Department, if applicable, Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. if the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, thc B iddor/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 44.1 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. 1.4 7, INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PRFFERF.NCE A, City Code Section 1 8-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible 1oeaI bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by thc non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible. local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tic in the best and final bid between a local bidder and a non -local bidder, contract award shall be rnade to the local bidder." B. City Code Section 1.8-86, states, "the RFP. RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director oldie using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the. RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. MANUFACTURER'S CERTIFICATION ION - The City reserves the right to request from biddersfproposers 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/agr'eernent, for which the kidder./proposer inust 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 Page21 of 40 Invitation for Bid (IFB) 371326,1 thc issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1,51. NO PARTNERSHIP OR JOINT VENTURE -Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture hemeen the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived. from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposcr's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder'rroposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result it: the supplier's name being removed from the City of Miami's Supplier's list. 1,53. NONDISCR1MMINAT1O,N—Bidder/Proposer agrees that it shall nut discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, BidderiProposer 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, he denied benefits of, or be subjected to. discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and -'or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful biddcr(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchacs are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE - Any person, firth, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter, Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must he submitted with thc response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.56. ONE PROPOSAL - Only one (1) Response from an individual, Firm, partnership, corporation or joint venture Page 22 of 40 invitation for Bid (1F13) 371326,1 will be considered in response to this Formal Solicitation. When submitting an alternate response, please refer to the herein condition for "Alternate Responses May Be Considered". 1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as pare of the requirements of this Contract, in an amount equal to on,; hundred percent (100%) of the contract price. 1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT)—Bidde.rsiProposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bidiproposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder.Proposer shall sign the Response and print in ink or type the name of the Bidder; Proposer. address, and telephone number on the face page and on each continuation sheet thereof on which he!she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder'Proposer to its employees. if applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column Fot each item offered, in case of a discrepancy between the unit price and extended price, the unit price will he presumed correct. C. The Bidder/Proposer must state; a definite time, if required, in calendar days for delivery of goods andior services. D. The BidderiProposer 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 mast be signed in ink with the firm's nano and by an officer or employee having authority to bind the company or firm by his -her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing thc response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Biddcr's'Proposcr's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Usc ()lacy other forms will result in the rejection of thc response. IF SUBMITTTNC} HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY Page 23 of 40 Invitation for Bid (IFB) 371326,1 OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.61. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1,62, PRODUCT SUBSTITUTES - In the event a pmticular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.64. PROMPT PAYMENT—BiddersfProposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost For response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder'Prvposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder:Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt ofa correctly completed invoice, whichever is later, If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence ofa cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract, 1.65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property Furnished to a Contractor for repair, modification, study, etc,, shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shalt be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility oldie Contractor. in the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions aad provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successca:s and assigns. 1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section Page 24 of 40 Invitation for Bid (IFB) 371326,1 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. 1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and informatiwt pertaining to City contracts, subject. to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionatly comply with the provisions of Section 1 19.07701, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refusal to comply with the: provision of this section shall result in the immediate cancellation of this Contract by the City. 1.69. QUALIITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMIEN'T -All materials used in thc manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The ir;,ms bidlproposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation, 1.70. QUALITY OF Ir ORKISERViCES -'The work/services performed must be of the highest quality and workmanship, Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-I05) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the. Contractual Party and the city which arise under, or by virtue of, a Contract between ihnnt provided that, in cases involving an amount greater than .$25,000, the City Commission trust approve the City Mltnager's decision. Such authority extends, without limitation, to controversies based upon bleach of Contract. mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by subrnissior. of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating thc reasons far the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLiCIT:ATIONS AND AWARDS (Sec. 18-194) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,00t1. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation, i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to tlic Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Page 25 of 40 Invitation for Hid (IFR) 371326,1 Letters cflnterest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective kidder who intends to contest the Solicitation Specifications or a solicitation may protest the Chief Procurement Officer. A written notice of intent to tile a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper ofgeri rat circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of' Award. I. A written notice of intent to file a protest shall be file with the Chief Procurement Officer within two days after receipt by the proposer of the notice oldie City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. Ir"various" is indicated in the Recommendation of Award To field, thc Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. [t shall be the responsibility of the Bidder Pr•opos`r to check this section of the website daily after responses are submitted to receive the notice; or IL Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be tiled with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination anon responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested, A notice of intent to the a protest is considered filed when received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing trust be submitted to die Chief Procttremoot Officer within five (5) days after thc date the notice of protest was filed_ A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the sward is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to time 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 computing any period of time prescribed or allowed by this section, the day of thc act, event or default from which the designated period of time begins to run shall not be included. The last day of -the period so computed shall he included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (h) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to thc 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 saki decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. to cases involving more than $25,000, the decision of die Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission alter a favorable recommendation by the city attorney and the City Manager. Page 26 of 40 Invitation for Bid (TFB) 371326,1 (e) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (0, with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, .safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fec. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.40, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Comtission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (0) above. If the protest is dceied, the filing fee shall he forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (c) above. 1.74. SAMPLES - Samples of items, when required, must be submitled within the time specified at no expense to the City. If not destroyed by testing, hidder(s)/preposer(s) will be notified to remote samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES -Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.76. SERVICE AND WARR%N'TY --When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only material; of first quality and correct type, size and design arc to be used. All workmanship am!.. services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. lfyour firm has a current contract with the State ofFlorida, 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 birl:proposal. 1.75. SUBtMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5544, at or before, the specified closing date and time as designated in the IFB, REP, Page 27 of4t4 Invitation for Bid (IFB) 371326,1 RFQ, or RI:LI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the BiddcriProposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall he deemed non -responsive. Directions to City Ell: FROM THE NORTH: 1-95 SOUTH UNTIL IT TURNS INTO US I. USI SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. B,AYSHORE DR, (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS Al' 'Ft 1E LNfJ OF PAN AMERICAN DR. PARKING iS ON RIGHT. FROM THE SOUTH: USI NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSFIORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN Die. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING ES ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection ofbidfproposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder~Tropeser. 'The City of Miaini is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will rot be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein, Those which do not cornply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date andlor time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate: envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government, Exemption certificates will be provided upon request. Notwithstanding, Bidders/ Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder.'Proposcr for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposcr. 1.80. TERMINATION —The City 14lanager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. Page 28 of 40 Inviration For Bid (IFB) 371326,1 B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and'or services. The City's obligation is contingent upon the availability of appropriate funds. 1.81. TERMS OF PAYMENT -Payment will be made by the City after the goods and/or services awarded to a Bidder Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 2[8.74, Florida Statutes and other applicable law. 1.82. TI,NIELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves die right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions, 1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever conies first, 1.84.TRiDE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- Ail Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." Effie Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the .Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of'any legal action challenging your claim. 1.85. UNAUTIIORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)IProposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s);Proposer(s) shall not be paid for any work performed or goods delivered outside tl'e scope of rho contract or any work performed by an employee not otherwise previously authorized. I.86. USE OF NAME - The City is nor engaged in research for advertising, sales promotion,, or other publicity purposes. No advertising. sates promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City_ Nfanager or the City Commission. 1.87. VARIATION'S OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation sped tiCatil)ns and/or conditions, no matter how slight. If variations are not stated on their Response. it will be assumed that the product fully complies with the City's specifications. Page 29 of 40 Invitation for Bid (IFB) 371326,1 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Decontamination, Disinfection and Disposal of Bic -Hazardous Waste, Hydrocarbon or Chemical Spills, as specified herein, from a sources) of supply that will give prompt and efficient service fully compliant with the terms, conditions and stipulations of the solicitation, 2.2. DEADLINE FOR RECEIPT OF REQUFS't FOR ADDITIONAL INFOR\I.ATIONiCLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Purchasing Department, Attn: Richard McLaren, C.P.M.; fax: (305) 400-5104 or email: rntclaren miamigov.cont The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Wednesday October 1, 2014 at 3:00 PM. All responses to questions will be sent to all prospective biddersipt'oposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. TERM OF CONTRACT The Contract shall commence upon the date of notice or award and shall he effective for two (2) years with the option to extend for two (2) additional one (I) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a bidder's right. This prerogative will be exercised only when such continuation is clearly in the best interest of the City, 2.4. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (l) Continued satisfactory performance compliance with the specifications, terms and conditions established herein and (2) Availability or funds. 2.5. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable ut any fiscal period for payments due under this contract, then the City, upon written notice to Successful Bidder(s) or its 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 project(s) will be awarded to any firm(s). 2.6. METIIOD OF AWARD Award of this contract will bu made to the lowest responsive and responsible bidder(s) whose bid(s) offer(s) the Page 30 of 40 Invitation for Bid (IFB) 371326,1 lowest prices by group. Bidder(s) must bid on all items, as applicable, in a group or be considered non -responsive for that group. 2.7. FIXED AND FIRM PRICING The Successful Bidder(s) warrant(s) that the General and Special Terms and Conditions and Prices, quoted in this bid will retrain fled and Firm throughout the full term of the contract including any extension thereof. 2.8. BIDDERS MINIhMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described in this Bid; that have a record of performance for a minimum period of five (5) years; and that have sufficient financial support, equipment and organization to insure that they can satisfactorily provide the services if awarded a Contract under the terms and conditions herein stated. Bidder shall furnish all equipment, labor, services and materials and perform all work necessary to provide decontamination, ramediation, disinfecting or all typos of Bio-Hazardous Waste, Hydrocarbons or Chemical Hazards (Haztnat) or Spills. Successful Bidder shall respond to incidents such as, but not limited to, hazardous Materials Cleanup (Hazmat), including blood and other biological hazardous waste cleanup, crime scene cleanup and more as deemed necessary by the City of Miami. Specifically provide, but not limited to, cleaning. decontamination and disposal services for the following: (I) automobiles (vehicles. of all types); (2) traffic accidents; (3) homicides; (4) suicides; (5) decompositions; (6) tear gas; (7) rodentldroppin gs; (8) hoardersfclutier; (9) fingerprint dusting; (10) hrrnania.nimal waste/odor; (I I) fire damages; (12) water damage and (13) hydrocarbon or chemical spills; Bidder shall not have: (I) any member, officer, or stockholder that is in arrears or in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City or (2) any record of pending lawsuits or criminal activities or have ever been declared bankrupt. 2.9. CERTIFICATE REQUIREMENTS/COMPLIANCE WI'I'Ii FEDERAL STANDARDS Page 3 I of 40 Invitation for Bid (iFB) 371326,1 Any person, firm, corporation or joint venture who offers a bid, at the time of such bid, shall hold valid Certificates issued by Occupational Safety and Health Administration (OSHA) for Blood Borne Pathogens Training, the Bio-Hazardous Medical Waste Transport License and individual proof of receipt of Hepititus shot or Declination Certificate, qualifying said person(s), firm, corporation or joint venture to perform the work proposed. Also, any and all requirements from the National institute of Occupational Safety Hazards (NIOSI I), and the National Fire Protection Association (NFPA). The collection, preservation, delivery, disposal and reporting of waste and/or samples whether done solely or in part by the Successful Bidder(s), its pei'soiml or sub -contractors, must be in accordance with the Department of Environmental Protection Standard Operating Procedures (FD13P SOP) for Field Activities, DEP-SOP-001/01 . Successful 1idder(s) shall remain liable for all of any sub -contractors activities, Perspective bidders for hazardous materials response mast be able to demonstrate compliance with OSHA Hazardous Waste Operations and Emergency R_sponse (IIAZWOPER) per Section 19 0.120 of OSHA rules. 2.10, LICENSES, PERMIITS AND FEES The bidder(s) shall obtain and pay for all licenses, permits and inspection fees required for these services; and shall comply with all federal, state and/or local laws, ordinances, rules and regulations applicable to the work contemplated herein. Damages, penalties and or fines imposed on the City or the Successful Bidder(s) for failure to obtain required licenses, permits or Fines shall be borne by the Successful Bidder(s), 2.11. RESPONSE TIME A maximum two (2) hour response time is required subsequent to notification of need by authorized City of Miami Police or Fire: Rescue personnel or be subject to Liquidated Damages as reflected in Section 2.21. 2.12. FAILURE TO PERFORM Should Successful Bidder(s) not respond or fail to perform within timefranie required in Section 2.11. above or become non -responsible, the City reserves the right to declare Successful Bidder(s) in default of the contract and may be subjected to Liquidated Damages as reflected in Section 2,21. 2.13. INSURANCE REQUIREMENTS FOR RIO-TI.17.ARDOUS WASTE CLEAN UP SERVICES INDEMNIFICATION Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims. liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of the contract, including all acts or omissions to act on the part of bidder, including any person performing under this Contract for or on bidder's behalf, provided that any such claims, liabiIities, losses arid causes of such action are not attributable to the negligence or misconduct ofthe City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The bidder shall furnish to the City of Miami, cio Purchasing Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130; Certificate{s) of Insurance which indicates that insurance coverage has been obtained which meets Page 32 of 40 Invitation for Bid (IF1'3) 371326,1 the requirements outlined below: 1. Commercial General Liability (Primary & Non Contributory) A. Limits of Liability Bodily injury and Property Damage Liability Each Occurrence $ 1,000,000 General Augregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $ L000,000 B. Endorsements Required City of Miami included as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability il. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including 'tired, Borrowed or Non -Owned Autos Any One Accident B. Endorsements Required City of Miami included as an Additional Insured Pollution Liability endorsement S 1,000,000 Page 33 of 40 Invitation for Bid (1FT3) 371326,1 LIT. Worker's Compensation Limits of Liability Statutory State of Florida Waiver of subrogation IV, Employer's Liability A. Limitsofl.iability $ 100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit V. Professional/Pollution Liability A, Limits of Liability Bodily injury and Property Damage Liability Each Occurrence S1,0O0,000 Aggregate $1,000,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than"A-" as to managenienI, and no Icss than "Class V" as to Financial Strength, by the latest edition of Nest's insurance Guide, published by A.M. Best Company, Oldwick, New Jersey. or its equivalent. All policies and or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Page 3-1 of 40 Invitation for Bid (IW'I3) 371326,1 2.14. METHOD OF PAYMENT Full payment will be made upon receipt of invoice and acceptance of a completed cleanup job. No down or partial down payments will be made. 2.15. COMPLETED SERVICES The City shall be notified by the Successful Bidder upon completion of services performed. The City shall inspect and approve same before authorizing payment. Services not satisfactorily completed shall be redone by the Successful Bidder at no additional charge to the City. 2.16, RECORD KEEPING As stated in Section 3.6, the Successful Bidder shall prepare and submit a response form, detailing incident particulars to the requesting City of Miatni Department. Response technician and City of Miami authorized representative at the incident location must sign the form following any cleanup. A copy of the form is to be left with the City of Miami authorized representative following cleanup and submit a copy with the invoice, The Successful Bidder shall retain a record of all reports, information, receipts and clean up documentation and keep all files confidential. Duly authorized City of Miami representative(s) shall have access to all City of Miatni files retained by Successful Bidder. 2.17. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/SERVICES/SUPPLIER(S) Although this Solicitation identifies specific facilities!itetns/services/supplier(s) to be serviced, it is hereby agreed and understood that any facilities/items/servicesIsupplier(s) inay be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, the Successful Bidder(s) under this contract shall he invited to submit price quotes for these new facilities/items/serviccs/supplier(s). If these quotes are comparable with market prices offered for similar facilitiesiitenis/services;supplier(), 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. 2.1 ll. CONTRACT ADNIINISTR4TOR(S) Upon award. Successful Bidder(s) shall report and work directly with Major Keith Cunningham for Police and Chief of Special Operations, Ron Khawly for Fire/Rescue, who shall be designated as the Contract Administrator for each of their respective departments. 2.19. SUPERVISION AND AUTHORITY The Successful Bidder shall employ a competent supervisor, at no additional cost to the City, who shall be in charge Page 35 of 40 Invitation for Bid (IFB) 371326,1 of each project assignment and monitor the quality of the work and performance of Successful Bidder's personnel during the progress of the project. The supervisor shall be the primary representative for the Successful Bidder and all communications given to and all decisions made by the supervisor shall be binding on the Successful Bidder. Notwithstanding, the supervisor shall be considered, at all times, an employee of the Successful Bidder under its sole direction and not an employee or agent of City of Miami, The supervisor, at all tunes, must either be personally present at the worksitc or be represented at the worksite by a responsible agent(s) designated by the Successful Bidder in written notice to the City prior to the beginning of work. Such notification shall include pertinent data such as addresses, phone nurnbers, etc,, where said agent(s) may be contacted at any time ache day or night. The agent(s) shall be clothed with full authority to act for the Successful Bidder in all cases, and to carry out any instructions relative to the work given by the City. 2.211.'t IL -BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shalt 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) publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition; (2) inform employees about the dangers of drug abuse in the workplace, the business policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations; (3) give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (I); (4) in the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid. the employee will abide by the terms of the statement and wilt notify the employer of any conviction or plea of guilty or nolo contendere to any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace Ito later than five (5) days after such conviction; (5) impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted and (6) make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.21. LIQUIDATED DAMAGES Successful Bidder(s) shall respond to all items by the guaranteed reponse time specified by the City in Section 2,11. Response Time, of this Solicitation, Vale Successful Bidder(s) fails to arrive within the specified arrival time, it is understood that up to a tS 150.00 amount of the total invoice price may be deducted, as liquidated damages, for each one (l) hour period beyond the specified arrival time (not to exceed the total amount of the job), not as a penalty but as compensation for the potential Risk, Health, Safety and Liability exposure to the City. 2,22. USE OF PREMISES Page 36 of 40 Invitation for Bid (IFB) 371326,1 The Successful Bidders) shall confine equipment, apparatus, the storage of materials, and the operation of technicians to the limits indicated by law, ordinances, permits, or direction oldie Project Manager, and shall not unreasonably encumber the premises with the same. The Successful Bidder(s) shall take all measures necessary to protect its own materials and equipment. 2.23. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder(s) shall assume the expense and repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time (not to exceed one month from date damage occurred). 2.24. REFERENCES Each bid must be accompanied by a list of three (3) references as Listed in the Header/Attributes Section, which shall include the name of the company, dates of contract, description of goods/services supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.25. SAFETY MEASURES Successful Bidder(s) shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessaty safeguards for the protection of the employees and the public. Danger signs warning against hazards created by Successful Bidder's operation and work in progress must be posted. All employees of Successful Bidder(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and protective gear when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. Successful Bidder(s) shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed.. 2.26. TERMINATION A. FOR DEFAULT If Successful Bidder defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful 1.3idder shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder was not in default or (2) the Successful Bidder's failure to perform is without Successful Bidder or its subcontractor's control, fault or negligence, the termination will be deemed to he a termination for convenience of the City of Miami. 13. FOR CONVENIENCE The City 'Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for convenience by the City of Miami the Successful Bidder will be compensated in accordance with an Page 37 of 40 Invitation for Bid (1FB) 371326,1 agreed upon adjustment of oast. To the extent that this Contract is for services and so terminated, the City or Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.27. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the bid 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 bid. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General and Special Conditions in this bid solicitation arc the only conditions applicable to this bid and that the Bidder's authorized signature affixed to the Bidder's acknowledgment forth attests to tho same. 2.23. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agree upon award or this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder(s) may have with any other cities andter counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. Page 38 of 40 Invitation for Bid (IFB) 371326,1 3. Specifications 3.1. SPECiFICAT1ONS/SCOPE OF WORK Bidder shall furnish all equipment, labor, services and materials and perform all work necessary to provide decontamination, remediation, disinfecting of all types of Bio-Hazardous Waste., Hydrocarbon or Chemical Hazards (Hazmat) or Spills. Successful Bidder(s) shall respond to incidents such as, but not limited to, Hazardous Materials Cleanup (Hazmat), including blood and other biological hazardous waste cleanup, crime scene cleanup and more as deemed necessary by the City of Miami. 3.2. DECONTA,MINATION Area to be decontaminated with a broad spectrum of EPA Registered/Approved cleansers (i,e. Cavicide) and retnediation materials. 3.3. DISPOSAL All contaminated materials will be treated and lawfully disposed of as bio-hazardous (Ramat) waste as regulated under Florida Department of Health Chapter 64E-16 F.A.C. Successful Bidder(s) shalt provide the City of Miami with a Certificate of Destruction from the bio-hazard destruction company for ail bio-hazardous materials destroyed. 3.4. RESPONSE TIME Successful Bidders) shall be available to provide services twenty-fuur (24) hours per day, seven (7) days per week. Upon notification, Successful Bidder(s) must be on site within the required two (2) hours. 3.5. DETAILS Contamination areas may include, but are not limited to, the following: police vehicles (interior and exterior), police facilities and perimeters, inclusive of anything witltin the police facilities (holding cells, floors, ceilings, furniture, walls, countertops and equipment used by the Crime Scene Technicians); and any City of Miami owned public buildinas or any other areas which may or may not be publically owned by the City (i.e. hydrocarbon or other spills, fire or water damage, human or animal waste cleanup). 3.6. RECORD KEEPING The Successful Bidder(s) shall prepare and submit a response form, detailing incident particulars to the affected City of Miatni Department, Response technician and City of Miami authorized representative at the incident location must sign the form following any cleanup. A copy of the form is to be left with the City of Miami authorized representative following cleanup and a copy is to be submitted with the invoice, The Successful Bidder(s) shall retain a record of all reports, information, receipts and clean up records and keep all Page 39 of 40 Invitation for Bid (IFB) 371326,1 files confidential. Only authorized City of Miami representative(s) shall have access to al] City of Miami files retained by Successful Bidder(s). 3.7. GROUPS A. GROUIP I: Bio-Hazardous Cleanup Services- Decontamination, Remediation and Disinfection of all Bio-Hazardous Waste, Hydrocarbon or Chemical Hazards (Hazmat) or Spills shall be billed based upon the following requirements: The following incidents are considered "normal" and will be set at a flat fee for one (1) hour maximum billing: a. Police Vehicle Cleanup; b. Police Interview Room Cleanup and c. Company will provide cleanup of all surfaces that are contaminated with blood borne pathogens, semen and vaginal andior other secretions that might contain these fluids suet) as saliva, vomit, urine or feces of a significant quantity or size. Normal -Hazmat Cleanup-Oil/gasoline spills: Hazardous material is any product that, when releascd from its container, is likely to cause death or serious injury. Generally the hazardous material is a liquid form however this does not preclude other forms such as gases. B. GROUP 2: Any time that the Successfrt Bidder(s) is/are dispatched to a trauma seem. or any other scene on City owned public properly, will be charged at an established twa (2) hour maximum flat fee for Decontamination, Remediation and Disinfection of all Bio-Hazardous Waste., Hydrocarbon or Chemical Hazards (Hazmat) or Spills shall be billed based upon the following requirements a. A two (2) crew member teas: of Biohazard or Hazmat Remediation Technicians, as required; b. Up to twa (2) hours labor; c. All transportation is included in rate; d. Up to two (2), thirty-five (35) gallon Bio-I-lazardiHazmat boxes including lawful disposal; e. Lawful Disposal of up to ninty-six (96) gallons of liquid Bio-HazardHazntat waste and f. Basic supplies for cleaning and remediation including personal protective equipment (PPE), Hazmat materials, red bags, chemicals, etc. C. GROUP 3: Any scene involving more time, beyond the twa (2) hour flat fee for Decontamination, Remediation and Disinfection of all Bio-Hazardous Waste, Hydrocarbon or Chemical Hazards (Hazmat) or Spills shall be billed based upon the following requirements will be billed additionally as determined below: a. l [ourly Rate Per Technician; b. Rate per additional thirty-five (35) gallon Bio-Hazard f-fazmat box including lawful disposal and c. Flat rate per additional ninty-six (96) gallon liquid Bio-Hazard?Hazmat container including lawful disposal. D. GROUP 4: All-inclusive cost for Pressure Cleaning an existing inlet/manholes impacted by illegal spill as indicated by Public Works Engineer (i.e. such as motor car oil/transmission spills, household paint, anti -freeze, grease, cooking oil, etc.) Page 40 of 40