HomeMy WebLinkAboutInvitation for BidCity of Miami
Procurement Department
Miami Rverside Center
444 SW 21 Avenue, 60' Floor
Ma , Florida. 33130
Web Site Address: w re4rigov com/orocuremert
Number:
Title:
Issue Date/Time:
Closing Date/Time:
Pre-Bid/Pre-Proposal Conference:
Pre-Bid/Pre-Proposal :Date/Time:
Pre-Bid/Pre-Proposal Location: .
Deadline for Request fur Clarification:
Contracting Officer:
flard Copy Submittal :Location:
Contracting Officer .E-Mail Address:
Contracting Officer Facsimile:
783382
Invitation for Bid for Poured -In -Place
Rubber Surface Repair Services
16-MAR-2018
04/10/2018 (it' 11:00:00
Voluntary"
March 28,201.8 at 10:00 a.m.
City of Miami NIRC Building 6tf floor
South.
Monday,April 2,2018 at 2:00 p.m.
Giraldo, Victoria
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
VictoriaGiraldo@miamigov.com
305-400-5361
Page 1 435
Certification Statement
Please quote on. this forn„ f applicable, net t)rices tbr 1la item(s) 'listed. :Return signed onriginal and
retain. a. copy tbr your files. Prices should includealt costs, including transportationto destination. The
City reserves the right to accept or reject all or illy part of this submission. Prices should be. Finn fier a
rainimunti of 180 days .following the time set fc)r closing of the subniissions.
In the. event (.n'l'or 111 extension of totals, the unit prices shall govern in. determining the quoted
prices.
We (1) certiry that we have read your solicitation, completed the necessary documents, and proposeto
f.7urnishand deliver, F.0..11. ESTINiAkTI.ON, the items or services specified herein...
The iindersigned. hereby certifies that neither the contractual party nor any of. its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in. section.
.18-.107 or Ordinance No. .1.227.1..
A.1 exceptions to tins submission have been documented in the section below (refer to paragraph and
se(1tion).
EXC.EPTIONS:
We (I) certify tillat any andat] infOrmation contained in this submission is true, and we 01 further certify
that this stibnlission k made without prior understanding, agreement, or connection with any
corporation, fit -oil, or person .submitting a submission for the same materials„ supplies, equipment, or
service., and is in all. respects fair and without col iusion or fraud.. We (h) agree to abide by alt terms and
conditions of 1ln. solicitation and certify th11 1 am authorized lo sign this submission for the submitter,
Please print the following and sign your nanie:
PIMP SER NAMF-
ADDRESS:
PHONE: FAX
EMAIL:
SIGNED BY:
TITLE: DATE:
F „Alt U RE. TO ('o l ITF, N
CELE(()ptional).
ND RI', I 1 RN THIS SII k , H11,11HY THIS
RESPONSE,
Page 2 of 35
Line: 1.
Description.: BH)DERS ARI. Nar R.EQUIRED '.1"0 .EN7IE R A 'UNTI PRICE ON THIS LANE.
BIDDERS SITA SUBM El THEIR BID PRICES UTLIZING ATTACHMENT13 - BID PRICE
SHEET, LocATEo uNDER THEHEADER AND ATTACHMENTS SECT:1(1)N OF THIS
SOLICTLATION IN THE IS UPPLIER. SOURCING SYSTEM.
Category: .91.394-0(
t.Jnit of Measure: Dollar
Unit Price:
Number of Units: 1 'Total:
Page 3 of 35
783382
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i(euomflConditions .... ...—............................ .—......... ---..... ..... —...—...... ..^-------—5
L|, GEN[RALTERMS AND CONDITIONS ----........... ........ ---- ...... ----_-------5
I5pecial�[ouJi6wos _-------_------_--...... --............. ............. --....... _---5
21pQ&P{1SG ......--'2j
22.DEADLINE FOR kECEKYOFREQDESTFOR &DD[OONA[
D4F0RMi\TION/CL1K1FlCAJ]0N -------.......... ............... —............... --........ ...--... �25
2IM Ell 8ODDFATVAKD --..... --- ...... ............ --....... _--_-----_-----_...... --'Z5
2ATERM DPCONTRACT ............. ......................... ---.......... —.......... —..... .... —25
2j�CONDITIONS FOR RENEWAL ---------........ ...... ....... --..... ... —............... --.---.25
2£EQUITABLE ACUl3TMENT -----------................. ............ --.......... .—...... —... ... ... -25
2lNOVAPPROPKJAT�ONOF" F'UNDS ..... ----_—_—......... —........ -----......... ,—_26
2.8,Q[DDGkS NON{&1U�M REOL113EMENTS --------------...... _—.............. ..—... -.2b
29,[NSUk8NC£K£8D>8£}4ENTS -----------------....... --........... --26
2JVYK£'13lDCONFERENCE _-----..—..---..—.—....... —.--- ............... 29
2|LPK0JECTMANAGER -------.................... —.......... --..-----......... —....... ..... -28
11I. COVTRACTORT3B8R2P&£S£NI£D ... -----------.—............... ---------.... 29
2�|lSUPER VTSiUN —....... .......... —........ ... ...... -----------------............ --29
2.i4.RESPONSE T[ME -----------....—....... .....—....... -------------.......... 29
2]1CONyLE7lONT[WE .... ......... .......... ---......... ----........... —.... .... ---------29
Z|&SP£C[PWA[!ON EXCEP'Dl)N __—.-------_--___—___........ ...... ---....... 30
2JTLOMPLET[DNV\]RK _--.-----.----...... ---...... ------------..---3D
2.|THOURLY LABOR RATE --------.----...----.......---.---...... —............ -30
Vt METHOD OFPAYMENT —..----.--------......... .......... —....... --...... —...---3O
Z.21LIQUIDATED DAMAGES -------....... ....... ..—.... ........ ......... ... --- .......... ----30
22LDAMAGES TOPUBLDCTK|\�ATEPROPERTY 38
221 WORKMANSHIP AND NLA7ER[{[S .--.......... —... --.............................. --......... ..----]8
I21NMrER[6[9/RDDOCIOUALQ~y -.---.--......----.---............. ...... ----..... 3l
221WARKANll................ --- .............. -----_---_---------_—........... ...... ....... 31
225 USE 0FPREMISES ------_---.....---__--__---------......... ---31
226SAFETY MEASURES ----_--_.~-----~.-.---...--_---............ --......... 3|
22TfATO8fJUPLKB}RM .--------------...... --......... -----...... --3i
22X.AyD|TW)NAL CON TK6CT8R(5)ORSDBCUNTR3(7OK(3) ------...... ......... ,.--32
229, ADDDlON3{DELET]0NS0F9R0DD{Tr3/SEDVUCETL0C8TxONS 32
2.30.TER&|[N6T[0N —......... ............. ...... .................................... —....... ----- ....... .--...... -32
23iADQ[T|OM/\LTERMS AND CDNDD|OMS .—...-.—... ---------........ .--.]2
I8pocitlicz6ma ---_--_-----........... ------....... —........... .------------.......... _,]4
3.LSPE(]F[C6T[ONSIC0PE0FWORK -----........... ........ —_—_—..—.............. --- ....... -24
Page 4o85
783382
Terms and Conditions
1. General Conditions
'I, 1 ..GENERAI.... TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services
with an estrinated aggregate cost of S25,000.00 or more.
Definition: A fonnal solicitation is, defined as issuance of an invitation for Bids, Request tbr Proposals, Request for
Qualifications, or Rec-pist for letters of Interest pursuant to the City of Miami Procurernent Code and/or Florida
as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein.
1.1., ACCEPTANCE ()IGOODS OR EQUIPMEN-F - Any good(s) or equipment delivered under this fonmil
solictrarion, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the
good is made, and thereafter is accepted as satisfactory to the City. it must comply with the terms herein and be
fully in accordance ‘vith speci (Mations and of the highest quality, In the event the goods/equipment supplied to the
(2ity 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 remmn the product to the Contractor at the Contractor's expense.
1.2. ACCEPTANCE (.")F OFFER The si.q,nod or electronic submission of your solicitation response shall be
considered an offer on the part or the bidder'proposer; such offer shall be deemed accepted upon issuance by the
City of a purchase order.
1.3. A CC EPTANCE/REJECTION - The City reserves the right to accept or reject any or all responses or parts of
a ft.,:r opening'closing date and request re -issuance on the goods/services described in the formal solicitation. In the
event of such rejection, the Director of Purchasing shall notify all affected bidders:proposers and make available a
written eNplanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer
wit° has previously failed to properly perform under the terms and conditions of a contract, to deliver on time
contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal
solicitation,. The City further reserves the right to waive any irregularities or minor informalities or technicalities in
any or all responses and may, at its discretion, re -issue this formal solicitation.
1.4. A DD EN DA - 1 tis the bidder's,'proposer's responsibility to ensure receipt of all Addenda. Addenda are available
at the City's rebs ear lattp://www.ei.miarni.fl.us/procurement
1.5. ALTERNATE RESPONSES WILE NOT BE CONSIDERED
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of
the resulting Contract, or any or all of" its right, title or interest herein, without City of Miami's prior written consent.
1.7 ATTORN EY'S FEES - In connection with any litig.ation, mediation and arbitration arising out of this Contract,
Ach, parry bear their ONV11 'iworney's fees through and including appellate litigation and any post -judgment
proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access
at all reasonable times to the City, or to any of its duly authorized representatives, to any books, doctunents, papers,
and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit,
ex,,inaination, excerpts, •,.1nd transcriptions. °The Successful Bidder/Proposer shall maintain and retain any and all of
Page 5 of 35
783382
the books, documents. papers and records pertinent to the Contract or three (3) years after the City makes 1nal
payinent and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition
shall result, in the inunediate cancellation of this contract. by the City.
1.9. AVAILABILITY 01 CONT RAC'T STATE-NVIDE - Any Governrnental, not -for -profit or
quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/servILL), specified herein from the successful bidder(s)/propo)er(s) at the contract price(s) established herein,
,xlieri permissible by federal. Zinc] local laws, rules, and regulations.
Each Governmental, not-lor-p,rolit or quasi -governmental entity which uses this formal solicitation and resulting bid
contract or ageen-ient will establish its own contract/agreement, place its own orders, issue its own purchase orders,
be invoiced there from and n-take its own payments,. determine shipping terms and issue its own exemrion
certificates as required by the successful bidder(Oiproposerts).
,1 0, .ANN°A RD OF CON TRA.Cr
.„‘,, The Formal Solicitation, ,Bider')/Propoers response, any addenda issued, and the purchase order shall
constitute theentire conuT6t, unless mocli frecl in accordance with. any ensuirtg contractlagreement„ arnendment or
addenda,
13, l'he aard of a contract where. there are -Ile Bids will be (kcided. by Me Director of Purchasing or designee in the
instance that Tie Bids can't he determined 1,)y applyin.g. 'Florida Statute 287.087., Preference to Businesses with
Drug -Free .Wi..irkplace Programs.
C. 'Idle award of this. contract rna.y be p.ici...mdition.ed on thesubsequent submission of otherdocuments as specified
in. the Special. (.2ondition.. or Technical Specifications, Bidder/Proposer shall be in defluilt of.' its contractual.
obligation. if slid" documents are not submitted in a timely manner anLi in the form required by the City,. Where
BidderProposer is in default of these contractual requirements, the City, through action taken by the..Purchasin.2.
l'.)reparti.-n.ent, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the
next lowest responsive, responsible Bidder or Proposal most advantageous to thc,'! City or re -solicit the City's.
requirements, The at its sole discretion,. may seek monetary restitution from. Bidder/Proposer and its.
bid:proposal bond or guaranty, irtpplicalple„ a.s a result of daniges or increased costs sustained as °..1 result of th.e
Bidder's/Proposer's default.
D. 'File term of the contract Shall he specified in one of' three documents ‘vhich shal.l be issued to the successful
Bidder/Proposer. These documents may either be a purchase order, notice ofaward andlor contract award sheet.
E. The City reserves the right to autoniatically extend this contract for up to one hundred twenty (120) cal.en.dar
days beyon.d. the stated. contract term in order to provide City departments .with continual service and supplies, while
to flew contract is being .solicited„ evalt.tated, and/or awarded. IT the right is exercised, the City shall notify the
Bidder/Proposer, in writing, of its intent to extend the contract at the same price., terms and conditions for a specific
nitather of days,. Additional extensions over the first one hundred nventy (120) day extension may occur, if,. the City
and the Successful Bidder.lProposer 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
completionof Ile expressed or implied warranty periods.
G. The City reserves the ri2ht: to award the contract on a split -order, lump sum or individual-itenl'l)asis, or such
combination as shalt hest serve the .interests of the City unless otherwise specified.
EL A Contractl.Agreement may beawarded to the Bidder/Proposer by the City Conmnssion based upon the
mininaurn qualti:Ocation requirements reflected herein. As a result of a RFP, RFQ, or RNA, the Cityreserves the
right ti,) ex.ecute or nol execute.. as applicible, in Agreeiment with the Proposer.whicheer is detertnined to, be in the
Page 6 of 35
783382
City's best interests. Such agreement wall be furnished by the City, will contain certain terms a.s are in. the City's
be interests, and will be subject to approval as to legal 1.brin by the City Attorney,
LI I, BID BOND/ 131.1) SECURETY - A. cashier's or certified check, or a Bid Bond signed by a recognized surety.
conapany that is licensed to do business in the State of Florida, payable to the City oCNItarrii, for the amount bu.! is
required from. 'bidclersThroposers„ if so indicated under the Special Conditions, This check or bond gttara tutees
that a 'bidder/proposer will acceptthe order or contract3agreement, as bidiproposed„ if it is awarded to
bidder/proposer. Bidder1Proposer shall tOrfeit bid cleposit to the City. should C'ity award contractlagreeinent to
Bidder/Proposer and BidderTroposer fails to accept the award, The C'ity reserves the 'right .to reject any and all
suretytendered to the (ity. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after
the award and successful bidder's/prop()ser's acce.piance of ...)Avard„ if sixty (60) days have passed after the date of the
Corn1.a! solicitation closing date,and no contract has been awuirded, all bid deposits will be returned on denjami.
1..12. RESPONSE FORNI (11.A.RDC()IlY - All fbrrns should be completed, signed and submitted
accordingly,
1.1.3. BID SECURITY FORFEITED EIOLIDATED DYNIA.GES - Failure to execute. an Agreement andaar flie
an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the
award and the tbrfeiture of -the Bid Security to the City, which forfeitu re shall be considered., not as a penalty, but in
Mitigation or damages sustained, Award may then be made to the next lowest responsive, responsible Bidder or
Proposal most advantageous to the City or ..,111. .responses may be rejected.
1.14. BRAND NAI ES - ttartd wherever in the ,specilications brand' narnes, makes, models., names of any
trilde MIMICS, or bidder/proposer c0tak)'411:LIMi/LTS are specified,. it is for the purpose o establi,shing
the. type, film:aloft, minimum. st.nulard c)1 design, efficiency, ,grade or qtntlity of goods only. 'When the. City does nol.
wish to rule out other competitors.° brands or makes, the phrase "Olt„ EQIJA.E," is added. When bidding/propostiag an
approved equal, Bidders/Proposers ‘call. submit, .with. their response, complete sets of necessary data (factory
information sheets, spectilcations, brochures, etc.) in order for the City to evaluate and determine the equality of the
irem(s) bid pwpoLII 1 h City shall he the sole judge of eqtudity and its decision shall be. final. Unless othen,vise
spec i (led, evidence in the tbrm of samples may be requested ir the proposed brand is other than specified by the
City, Such uo pL u to be fUrnislwd IDILI tortnl solicitation opening/closing only upon request of the City. If
samples should be requested., such samples must he received by. the City no later than seven (7) calendar days after
a formal request (lc.%
CA.NCELEAT1ON - The City reserves the right to cancel all .formal solicitations before its opening/closing.
In the event of bid/proposal cancellation, the Director of Purell„',itsing, h 01 notify all prospective bidders(proposers
and make available a written explanation for the cancellation,
1.16. CAPITAL EX PENINTURES ("font ractor understands that any capital expenditures that the Firm makes, or
prepares to make, n order to deli.veriperf(trin the goods/services required by the City, is a business risk which the
contractor must assume, The City, will not be obligated to re i rnburse amortized or unarnortized capital expenditures,
or to maintain the approved status or any contractor. If contractor has been .1.111able to recoup its capital expenditures
during the time it is rendering such goods/services., it shall nor have any (•:laitil upon the City,
1.17. C.11.-V NOT LIABLE FOR DELA1"S - It is further expressly agreed that in no event shall the Citybe liable
for., or responsible to„ the aidder/Proposer/Consultant„ any sub-contractodsub-consultam, or to any other person for,
or on account of, any stoppages or delayin the work herein provided for by injunction or other legal or equitable
proceedings or on account caf anydelay for any cause over which the City has no control.
1.18. COLIX:SION —Bidder/Proposer, by subrnittin. a response, certifies that its response is made without
previous undei standing,. agreement or connect Mn either with any perSon, firmor corpor Mon submitting a response
Page 7 of 35
'78.3382
for the same items/services or with the City. of Miami's 'Purchasing Department or initiating, ckpartment. The
Bidder/Privoser certifies that its response rs lair, without control, collusion., fraud or other illegal action.
BiddcriProposer certifies that it is in compliance\vith the Conflict of Interest and Code of Ethics Laws. The City
will investigate all potential situations \vhere collusion may have occurred and the City reserves the right to reject
any and all hicls!reisponses where collusion may have occurred,
CONIPLIANCE NVITI1 FEDEIO.L, STATE AND LOCAL LANN'S - Contractor understands that contracts
bet,xeen private er.tities tnd hx...113,..r..ernments are subject to certain Liws and reguiritions,. including law's pertaining.
to public records, conflict of interest, recorcis keeping, etc. City and C'ontriactor agree to comply with and observe all
i:ipplieable laws, codes and ordinances as that may in any way affect the floods or equipment offered, including but
not limited to:.
A. Executive Order I [246, which prohibits discrimination against any employee, applicant, or client because of
race, creed, color, national ori6n., sex, or age with regard to, but not limited to, the following, envloyment
practices, rare of pay or other compensation methods, and training selection.
B. Occupational, Safety ancl Health Act (OSHA), as applicable to this Formal Solicitation.
(2. The State of Florida Statutes, Section 287.133(3)(A) en Publr,: Entity Crimes,
D. Environment. Protection Agency (EPA), as applieable to this Formal Solicitation
E. 1,ti Corm Comineicial Code. (Florida Statutes, Chapter 672).
F. ,kinericans Wjtil Disabilities Act of 1990, as ainended.
G. National lnstitute orOceupational Safety I lazard5 (N10511), as applicable to this Formal Solicitation.
11. .Forest Products. Association (NEPA), as applicable to this Formal Solicitation,
1. City Procurement Ordinance City Code Section 15, Article III,
1. Conflict of Interest, City Code Section 2-61161.
Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 2 I &74. on Prompt Payment,
of knowledge by the bidder/proposer wi 110 no way be a cause fo01 relief from responsibility, Non-compliance
with all local, state, and federal directives, orders, and lasts naay be considered grounds for termination of
contract(s),
Copies of the City Ordinances Ma y be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18,74 of the City of Ntiami Code, a -Cone of Silence" is imposed
upon each RFP, RD), REEL or:1E3 after advertisement and terminates at the time the City Manaqer issues a written
recommendation to the Miami City Cotainlission. The Cone of Silence shall be applicable only to Contracts for the
provision of goods and services and public works or iinprovements for amounts greater than $200,000. 'The Cone of
Silence pr(.ahibits any communicLitiou re u drn RFPs, REf)s, RI L1 or 11'Bs (bids) 'ber,..veen, anwng others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but
not [United to, the City Nlanai.t.er and the City Manager's staff. the Mayor, City Commlissioners, or their respective
staffs and any member of the respective seiection'evaluation committee.
The provision does not apply to, inonother. conummic.,.ttions:
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Oral conuminications with the City purchasing staff, provided the communication is !United strictly to matters of
process or procedure already contained On the formal solicitation document, the provisions of the Cone of Silence do
not apHy to oral conmilmications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral
presentations befi'yre selection/evalmition COMM ittecs, contract negotnitions during :„my duly° noticed public inecting,
cr public presentations made to the Miami City Commission during a duly noticed public meeting: or
communications in writing or by email at any time with any City employee, official or member °Idle City
Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section
of the Special (onditions), or communications in connection with the collection of imiustry comments or the
performance of market research regarding a ['articular RFP, RFQ, Rfill OR IFB by City Purchasing staff
Proposers or bidders must file a copy orally written conuminications 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 (clerks(4miantigov.corn), \vhich shall be made v ni IbIL to any person upon request, Written
coninumications may be in the Ibnn of e-mail, with a copy to the Office of the City Clerk,
In addition to any other penalties pro‘ided by law, violation of the Cone of Silence by any proposer or bidder shall
render any award voidable. A .violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or
consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal
knowledge °fa violation of these provisions shall report such violation to the State Attorney and/or may file a
complaint with the Ethics Commission. Proposers or bidders should, reference Section 18-74 of the City or Miarni
Code tut further clarificr„ition„
This iari,akra;e is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code
Section 18-74 for a complete and tiwrou2h description of the Cone of Silence. You may contact the City Clerk at
305-2.50-5360, to obtain a copy of same.
1,21, CONFIDENTIALITY - As. a political subdivision, the City of Miami is subject to the Florida Sunshine Act
and Public 'Records Law. If this ContractrA2reenlent contains a confideulialiry provision, it shalt 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 Solicitatkm, certify that to
the best of their knowledge or belief, no electedappointed official or employee of the City of Miami is financially
interc:'sted, 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
inust disclose the mune of any (2ity employee who owns, directly or indirectly', an interest of five percent (5`)0) or
more of the total assets of capital stock in your firm.
A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may
be within his/her/its trust,, or perform his/her/its duties, to secure a special privilege, benefit, or exenvion for
himself. herseiritsel I', or others, E3idderrProposer 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 practiees, for hisjherlits personal gain or benefit or for the personal gain or benefit (Diary other person
or business entity.
BidderiPmposer hereby acknowledges that he/she/it has not contracted or transacted any business with the
City or any person or agency acting for the City, and has not appetred in representation of any third party before any
board, commission or agency of the City within the past two years, Biddcr/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; (Id) 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 °Idle IIV,Iximurn fine andlor any penalties allowed by law„
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783382
Acklitionally„ violattons may be considered by and subject to actionby the Miami -Dade County Conlrnission on
Ethics,
1.23. C:01"°YRIGITT OR PATENT RIGHTS Ilidders/Proposers warrant that there has been no violation of
copyright or patent rights in intr&acturing, producing, or selling the goods shipped or ordered and;or services
provided as a result (...)r this formal solicitation, and bidders/proposers ,.igree to hold the City harmless from any and
all Itabilfty, oss, ot . expense occasioned by any such violation.
1.24. COST INCURRED BVIIIDDERTROPOSER - All expenses involved with the preparation and submission
of Responses to the City,. or any work performed in connection therevith shall be borne by. the
Iiidder(s)/ProNser(s),
125. DERA.RAIENI" AND SUSPENSIONS (Sec 118-107)
(a) Authoriry. and requirement to debar and suspend. After reasonable notice to an actual or prospective (ontractual
Party, and after reasonable opportunity for such party to bo heard, the City N.I.aiu,,./„er,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 NLIllager S hal also have the authority to suspend a Contractual Party from consideration for
award oTc ty Contracts Of there is probable cause for debarment, pendii.v. the debarment determination. The
authority to debar and suspend contractors shall be exercised in accordance \Nadi regulations which shall be issued
by the ChicfProcurernem Officer after approval by the City Manager, the city attorney, and the City Commission.
(b.) for debTT; ent or suspension. (.1,7alk...;es for debiirment or suspension include the f011owing:
(1) Conviction ar corntnission of a criminal offense incident to obtaining or attempting lc) obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or subcontract.
(2) Com, tenon under state or federal statutes of enlbezzlement, theft, forLrery, bribery°. falsification or
destruction or 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 or the submission of Bids or
Proposals,
(4) Violation of Contract provisions, which is re,,,,arded by the Chier Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance, with the terms and conditions ofa Contract or to perform within the time limits provided in a
Contract, provided that failure to perform caused by acts beyond the control ofa party shall not be
considered a basis for debarment or suspension.
(5,) Debarment or suspension or the Contractual Party by any federal, state or other governmental
entity.
((t) False certification pursuant to paragraph (c) below.
(7) Fount in violation ofa zorting ordinance or any other city ordinance or regulation and for which
the violation ren/ains nonconviliant.
(8) Found in violation ofa zoning, ordinance or any other city ordinance or regulation and tar which a
civil penalty or fine is due and o\ving (.o the city.
(9) Any other caiis. judged by the City Man.',,iger to be so seri(Ais and compelling as t0. affect the
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78,3,382
responsibility or the Contractual Party performing city Contracts,
(c) Certification. All Contracts for goods ancl services, sales, and leases by the city shall contain, a certification that
neither the Contractual Party nor any Or its principal owners or personnel have been convicted of any or the
violations set forth above or debarred or suspended as set lbrth in paragraph (b)(
(d) Debarment and suspension decisions. Sul-fject to the provisions of paragraph (a), the City Maria4cr 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, akinri, with a .notice or said party's right to seek judicial relief.
1.26. D BARRE D/S1...",S FENDED N:ENDORS —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 wadi a puNic entity for the construction or repair of a public building
or public work-, may not submit response on leases of real property to a public. entity, may not award or perforna
',Nock as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and inay not
transact business with any public entity.
1.27. DEEA RE. TO PERF0101 - The City shall be the sole judge ,f.ft' nonperformance, Which slmli
inclucle fuly failure on the part of the succe.ffsful Bidder:Proposer to accept the award, to furnish required documents,
and, or to any portion of this contract within the time stipulated.
Upon delimit by the successful Bidder/Prop:Iser to meet any terms of this au -cement, the City will non CY the
[3idderTroposer of the default and will. provide the contractor three (3) days (weeknds 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 noti Fyn -I,. in writin, the contractor of its intentions and the
effective date of the termMatiom The lbllowing shall constitute default:
A. Failttre to perform the work or deliver the goods:services required under the Contract and. o.r"within the tirrie
required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree
specified in the Contract.
B. Eadure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with Sufficient materials to ensure timely
completion.
D. Neglecting or refusinLif to remove material.; or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract,
F. Becoming insolvent, being dectired banl(rupt, ,or continuing any act ot bfinkrtytc.y or. insolvency, or inftking an
assignment fonr the benefit of creditors. if the insoftency, bankruptcy or fissignnicnt renders the sticcessful
Bidder:Proposer incapable of performing the work- in accordance with and as Ncitiftecl by the Contract.
F. Failure to comply with any ante terms of the Contract in any nlaterial respect.
All costs and charges incurred by the City as a result of a default. or a default incurred beyond the time limits stated,
together with the cost of completing the work, shall be deducted from any monies due or which may become due on
this, Contract.
1.28. DETERIINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is
responsive to the submission requirements outlined
in Lie Formal Solicitation, A "responsive" response is one which
follows the requireinents of the formal solicitation, includes all documentation, is submitted On the format outlined in
the firmirill solicitfition. is of timely submission, and has appropriLite sif.matures as required on each document, Failure
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to comply with these requirements may (kern a Response non -responsive.
A. Respon;Ole Bidder shall mean a bidder/proposer who has submitted a hidiprposal and who has the capability,
as determined under the City Procurement Ordinance, in all respects rto fully perfOrm the contract tQCluirenicrts, and
the integrity and r..i'lUahility of 'which give reasonable assurance of good faith and performance.
1.29, DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response
shall he fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions,
S.COUIUS off the original prices quot,,ed in the response will be accepted from successful Bidder(s)/Proposer(s)
during the term of the contract. Such discoUntS shall remain in effect fora minimum or 120 days 'from approval by
the City Cominission Any discounts offered by a manufacturer to Bidder/Proposer vill be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or amibigunies in the Formal
Solicitation or addenda ))fany') should be reported in writing to the City's Purchasing r)epartn-ient. Should it be
found necessary, a written addendum will he incor[xirated in the Formal Solicitation and will become part of the
purchase ag„recnient (contract documents) The City will rh,pt, be responsible for any oral instructions, clarifications,
Or other communications,.
A. Order of Precedenc,,— Any inconsistency in this formal solicitation shalt be resolved by giving precedence to the
follo,„\010 ('Iocuments, the trst of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General "Ferms and Conditions
1.31. E41F.:RGENCY DISASTER PER FORNIANCE - ln the event of a hurricane or other emergency or disaster
situation, the successCul Vendor shall provide the City with the conlmodities/seCeS dCrnlk.'d within the scale of this
formal solicitation at the price contained within vendor's response. Further, successful vendor shall del.iver/perfbrm
for the city on a priority basis (luring such times of emergency.
1.32. ENTIRE BID (J)NTRACT OR AGREEMENT - The Bid Contract or Agreement consists Of this City of
Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written
agreement entered into by the (,,,fity of and Contractor in cases involving REPs RFQs, and RE'Lls, and
represents the entire understanding and agreement ber,veen the parties with respect to the :subject matter hereof and
supersedes all other negotiations, understanding and representations, ifany., made by and between the parties. To the
extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the
Formal Soliciuttin 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„
133. ESTI7ARTED (,)U,A,NTITIES —Estimated quantities or estimated dollars are provided for your guidance
only. No gux-antree is expressed or implied as to quantities that will be purchased during the contract period. The
City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates
may i.)e used by the City for purposes of" determining the low bidder or most advintageous proposer meeting
specifications. The City ,reserves the r`nlhi ioacquire additional quantities at the prices bid:proposed or at lower
prices in this Formal Solicitation,
1,34. EVALUATION OF RESPONSES,
A,Rejection or Responses
The City !laity reject a Response for any of the following reasons:
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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 FiKmal Solicitation;
4,) Response requires a conditional award that conflicts with the method oraward,
5) Response does not include required samples, certificates, licenses as requircd. and,
6) Response was 110t executed by the Bidder's/Proposer(s) authorized agent.
foreg,oing is not an all inclusive. list si in tbr which 1 Response may be rejected. Tilie City111 iJ reject and
re -advertise for all or any part of the 'Formal Solicitation whenever it is deemed in the best interest or the
Ciiy.
13.ii1fliI1JiOl1 F"rom Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debtor contract, or
whi:,...11 is a de';aulter as surety or wherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which is failed to perform under the terms and conditions
°Cony previous ointract. \vith the ir or deliver on time contracts ora stmdar nature.
3) .A contract nriay 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 Responslbility
RespLmses will only be considered from entities who are regularly enga2ed in the business of providing the
good/equipment seivices required by the Formal Solicitation, E3idderProposcr IllLISt be able to demonstratc a
sntisLictory 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 organizatice as
used herein shall be constnied to mean a fully equipped and weil 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
of a BidderTroposer, including past performance (experience) with the City or any other governmental
entity in rnaking the award.
3) The City may require the BidLlerts):Proposerts) to show proof that they ha \,e been designated as an authorized
representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal
Sdicitation.
EXCEPTMNS TO GENERAL. AND/OR. SPECIAL CONDEURS)NS OR SPECIFICATIONS -
1E.,.xceptions to the specifications shall be listed on the Response and shall reference the section, Any exceptions to
the General or Special. Conditions shall be cause for the bid GEM to he considered non -responsive. It .also may be
cause for a RFP, R..FQ, or RFLI to be con.sidered non -responsive, and, it' exceptions are taken to the terms and
conditions °fine resulting agreement it may lead. to terminating negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation., all prices quoted/proposed by
the bidderiprilposer must be F.O.F.3, DESTINATION, inside delivery, with all delivery costs and charges included in
the hid proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for
rejection of' bidlproposal.
1.37. FIRAI PTOCIS - The bidderlproposer warrants that prices, terms, and conditions quoted in its response will
be firmthroughout the duration of the contract unless otherwise specified in the Formal. Solicitation, Such prices
will remain firm for the period of performance or resulting purchase orders or contracts., which are to be performed
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783382
or supplied over a period or time.
1.38. FLORIDA ;111,N1),I UM 1VA G E - The Co.nstitution or the State or Florida, Article X, Section 24, states that
employers shall pay employee wages no less than the rilininatim w-Lige for .alI how worked in Florida, Accordingly,
it is the contnictor's .1nd its' subcontractor(s) responsibility to understand and comply with this Honda constitutional
minimum wage requirement and pay its employees the current established hourly ma nimum wage rate, \vhich is
subject to change or ',..idjusted by the rate or inflation using the consumer price index for urlazin wage earners and
clerical workers, CPI-W°, or a SUCcessor index as calculated by the United States 11)epartment or Labor. Each
adjusted minimmil 'wage rate calculated shall be determined and published by the Agency Workforce hmovation on
September 30th or each year and take effect or the following January 1st.
At the time oiresponding., it is bidder/proposer and his/her subcontractor(s), ir,:ipplicable, full responsibility to
determine whether any or its employees mav be inTactedl.)y this Florida Law at any given point in time during the
term or the contract. IC impacted, bidderlproposer must furnish employee name(s), job title(s),, job description(s),
and current pay ran(s). Failure to submit this in i'ormation at the time of submitting a response constitute successful
bidder's/piwoser's acknowledgement and understanding that the Florida Minimum \age Law \yin not toryact its
prices throtiehout the term of contract and waiver or any contractual price increase request(s) The City reserves the
right to request and successful bidder/proposer must provide for any and all iiifoi-mation to make a wage and
contractual price increase(s) determination.
1.39. GOVERN INC; LAW AND VENUE - The validity and effect or this Contract shall be governed by the laws
of the State of Florida. The parties a2ree that any action. mediation or arbitration arising., out of this Contract shall
take pl.tee in Miami -Dade County, Florida. In any action 1:0r proceeding each parthiIl he.ar their an respective
attorney's recs.
1.40. HEADINGS AN[) TER:11S - The headina.s to the various paragraphs or this Contract have been inserted for
con\ enient reference only and shall not in any manner be construed as modifyirm, ainending or affecting in any way
the expressed terms and previsions hereof,
1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (TIIPPA) - Any person or
entity that performs or assists the City of Miami with a function or aetn,,Ity involving the use or disclosure or
—individually identifiable health inforination and;or Protected Ilealth Information (P111) shall comply \vitil the
lealth Insurance Portability and Accountability Act (IIIPAA) of 1996 and the City or Miami Privacy Standards.
[ lPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to:
A. Use of infdrmation only for Rcuforming services required by the contract or as required by law;
B. rise or appropriate safeguards to prevent mm-permitted disclosures.
C. Reporting to the City of Miauni of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the
FiidderProposer and reasonable assmances that 11111/P111 will be held contldential.
E. Making Protected 1tealth Information (PIE) available to the customer;
F. Making PIII available to the customer for review and amendment., and incorporating any amendments requested
by the custorner,
G. Nfaking PHI available to the City of for an accounting of disclosures; and
11. Making internal practices, books and records related to PEN available to the City or Miami for compliance audits.
PH I shall maintain protected status regardless of the form and method of transmission (paper records, and:or
electronic transfer or data). The 13idderl Proposer must give its customers written notice or its privacy infOrmation
Page 14 of 35
783382
practices including specificathy% a description of the types or uses and d sclosurcs that he madewith protected
health intrination,
1,42 INDIA F I CAT ION - Co ntr2ctor shall indemnify, hol(Fsave harmless and defend at its o\vn costs and
expense the City. its officials.. officers agents, directors. and employees, from h ihIlflLs, damages, losses, tind costs,
including, but nim limited to reilei thie attorne:,i's fees, to the extent caused by the negligence, recklessness or
intemionai wrongful misconduct or Contractor and persons employed or utilized by Contractor in the performance
of this Contract and will Mdetimiry, hold harmless and defend the City, its. officials, officers, agents, directors and
employees against, any civil actions, stimitory or similitr c131InS, IflJLlHL or damages arising or resulting from the
permitted \,vork, even if it is alleged that the City, its officials and/or employees kiere negligent. These
indemnifications shah survive the term of this Contract. In the event that any action or proceeding is brought
against City by reason of any such Chian. or demand, Contractor shall, upnn written notice frOrn Ciy, resist and
defend such action or proceeding, by counsel sat s flictory to Cuy, The (llontractor expressly understands and agrees
that any insurance protection required by his Contract or otherwise provided by Contractor shall in no way limit the
responsibility to indemify, keep and save harmless and defend the City or its officers, eiryloyees, agents and
instrumentalities as herein provided.
The inderimilication provided above shall obliaate Contractor to defend at its own expense to and through appellate,
supplemeiMil or bankruptcy proceeding, or to. provide for such defense, at City's option, any and all clitims or
iind all. suits and acti0ns. of every name and description which may be 'brought itgainst City whether
performed by Contractor, or persons etrTioyeci or utilized by Contractor,
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under
the laws of the State of Florida, including without limitation. and which confOrms to the limitations of §725.06
and or §725.08, Fla. Statues, as amended kom time to time as applicable.
Contractor shad require all Sub -Contractor agreements to include a provision that they will Mideninify the City.
The Contractor iagrees and recognizes that the City shall not be held lii.i1.11c or responsible for any claims which may
result from any actions or onaissions of the Contractor in which the City participted either through review or
coneurrenCe Of the Contractors Lictions. In reviewing., approving or rejecting. may submissions by the Contractor or
other ants or the Contractor, the City On no way assumes or shares any responsibility or liability of the Contractor or
Sub-Conti:actor, uricler this Agreement,
1,43. FOR.N EVE ION ,,-1.ND D ESC R I PT I VE LITERATURE — Bidders/Proposcr must furnish all information
requested in INC spaces provided in INC Formal Solicitation. Further,„as may be specified elsewhere, each
Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, techmical specifications, and
Material Sarety Data Sheets (NISIDS)as required, covering the products offered. Reference to literature stthtnitted
\vitia a previous response or on 6 e With he Buyer will no4 .s.:11 is fy this provision,.
1.44. INS pEcTio NS - The City 'laity, at reasonable times during the term hereof, inspect Contractor's facilities and
perform such tests, as the City deems reasonhly necessary, to determine whether the goods andlor services
required m be provided by the Contractor under this Contract conform to the terms and conditions or the Formal
Solicitation, Contractor shall illake 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 m, and made in
accordance with, the provisions or the City of Miami Ordinance No. 12271 (Section 18-79), as same may be
amended or supplemented from time 0tinae,
1.45. INSPECTION 0 F RES PONS E - Responses received by the City pursuant to a Formal Solicitation will not
be made available until such time as the City provides notice of a decision or intended decision or within 30 days
after bid closing., whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via
fax or to the Sr. Procurement Spec halist issuing the Solicitation, 'Llbuhitions also are available on the City's
Page 15 of 35
78.3382
Web Site fOl(owing recommendation for tv.vard,
1.46. INSURANCE - km 10) days after receipt of Notice ortANard, the successrul Contractor, shall furnish
Evidence of insurance 0.0 the Purchasing Department, if applicable, Submitted evidence of coverage shall
demonstrate strict, contpliance to all requirements listed on the Special (..*Sonditions entided -lnsurance
Requirernents". The City shall be listed as an ".Additional Insured."
issuance of a Purchase Order is contimIent upon the 'receipt of proper insurance documents, Ur the insurance
certcare is received within the specified time frame but not in the manner prescribed in this Solicitation the
Contractor shall be verbally notified o such deficiency and shall have an additional rive (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. ithin fifteen ((5) calendar days alter receipt Notice or Award, the contractor shall be
On default oithe contractual. tentris and conditions and shall not be zuvarded the contract. Under such circumstances,
the Bidder'Prtvoser rnay be prohibited from subinitting future: responses to the C.'ity. infOrrnation regtiirding any
insurance requirements shall be directed to the Risk Administrator, Department or Risk Management, at 444 Slk."
2nd Avenue, 9th Floor, Miami, Florida 33130,, 305-41,6-1604,
The BiaddertTtroposer shall be responsible for assuring that the insurance certincates required in conjunction with this
Section remain in efficit for the chiration of the contractual period, including any and all option terms that may be
granted to the Bidder/Pro(oser,
1.47. INVOICES - ItyvOiCes51:1011 contain purchase order nutnber and details of goods and,lor services delivered
qutvdtjty, unit pride,„ extended price, etc): and in compliance with Chapter 218 of the Florida Statutes (Prompt.
Payment Act)„
1.48. LOCAL PREFERENCE
A., City CAI,: 8 uion IS-85., states, "when a responsive, responsible non -local bidder submits the to \vest hid
pr ..0 anel (Ire 0d submitted by ort,ti or more responsive, responsible local. bid&rs who maintain a local office, as
de rimed in Section I S-7.3, is within, fifteen percent (150 of the price submitte(i by the non -local bidder, then that
non -local bidder and each of the afbrernentioned responsive, responsiblelocal bidders shall havo the opportunity to
submit a best and final hid et:mai to or lover than the amount of the low bid previously stamitted lyyt the non -local
bidder, Contract award shall be triode to the lowest responsive, resp(iinsible bidder sultnnitting the lowest best and
final bid, in the case of a tie in the best and Final bid between a local bidder and a non -local bidder„ contract award
shall IDe made to the local bidder."
13, City Code Section 18-86, states, -the RFP, RE11. or RFQ, as applicable, may, in the exercise of the reasonable
professiontil discretion of the City M,mager, director of the using ,agency, and the Chief Procurement ()nicer,
include a five (5'0.0 percent e',..altiation criterion in favor of proposers \,vho maintain a local office, as defined in
Section 1 8-73. In such cases, this rive (5°0(,) percent evaluation criterion in favor of proposers who maintain a local
u00ce will be specitIcally dellned in the RFT, RFLI or RFQ, as applicable, otherwise, it will not apply.
1.49. M.VNUFACTLI(ER'S CER1"IEICATION -The City reserves the riLtht to request from bidders/proposers a
separate Manufacturer's Certification ()Taol statements made in the bid/proposal. Failure to provide such
cern tictition ITITy' result in the rejection of bidlpropost.,0 or termintuion of contract/agreement, for which th
bidderrpropser must bear full
1.50. HICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or
understanding to 'modify this Formal Solicitation and resultant purchase orders or contracts, ir applicable, shall be
binding ',Ton the City unless made in writing by the Director of Purchasing 0! th Ity or uni Florida through
the issuance of 1chi.im.je order, .iids.l.el diain. amendment, or supplement to the contrtict, purchase order or aws...ird sheet
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7833.82
as appropriate.
1.51. NO' PARTNERSIIII" ORJO INT VENTURE - Nothing contained in this Contract \vill be deemed or
construed to create a partnership or joint vent between the City of Miami and Contractor„ or tocreate any oilter
sinailar relationship between the parties,
1.52. NONCONFORNIA.NCE TO CONTRACT CONDITTONS - items may be tested liar compliance with.
specifications under the. direction of the Florida Department of Agriculture and Consunler Services or by other
appropriate testing; l,,aboratories as determined by the City. The data derived from any. test for compliance with
specifications is public record and open to exannimtion thereto in accordance with Chapter 119, Florida Statutes,
kerns delivered tic.,.t conlbiming to specifications redly .be rejectedandreturned at Bidder's/Propose r's expense„
These non-conformin,g. deals not delk."ered as per deln,....ery date in theresponse i...indiOr Purchase Order nlay result in
bidder/pmposer beirr.4 found in. doPwit in which oveni any and all re -procurement costs may be charged against..the
defaulted contractor, Any violation of these stipulations may also result. in the stvlier's name being removed from
the. City of Miami's Supplier's list,
N ON DISCRE\ I INAT1ON —Bidder/Proposer agrees that it shall rnyt cliserimixate as to race, sex, color, age,
religion, national origin, rnarir,',i1 st,',:ittis, or in connection ‘vith its perforrmince under this tbrinal
solicitation- F0.0 rtherrn ors. B idderi Proposer agrees that no other\vise qualified individual shall solely by reason of
hisiher race, sex„ color, age, religion,. national origin, tim'tri...n,11 suitus or be excluded from the piarncip,ation
in, be denied benefits of, or be subjected oo, discrirnination under any program or activity.
In connection with the conduct o t.s bus.inoss,. including perlbrinance of ser),...ices ant einployment of personnel,
Bidder,'Prop(ser. slt,111 not discrini i nate againstno person on the basis of race, color,1 J 1 a L001 do oH 1 Ok a2e, sex,
rir,:tritcil status or .rtatioril ori:(41n. All persons having '.:Ippropriate qualifications sl-K'.111 bLafrorded eqtK.d opportunity
for cniplovment.
NON -EXCL., USTVE CONTRACT! PI GGVEIACK PROVISION - Ao such. times as may serve its best
interest, the City. of Miami reserves the right to advertise for, receive, and award additional contracts [or these herein
goods in no services,. and to make use (..)4 other competitively bid (govermnerital) ,con tracts, aqreetrients„ or other
similar sources cor the purchase of these goods arid,or services as may be available.
It is hereby a'2,:reed and understood that this fbrmalsolicitation does not constitute the exclusive ri2hts of' the
successful bid&r(s)/proposells) to receive all orders that no'Lly be generated by tile City in conjunction \vith this
SoLicitation.
In addition. any and all commodities, equipment, and services required by the City in conjunction with construction
projects are solicited under a Liktinctl:v di ITerent solicitation process and shall not be purchased under the tertris,
conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best
interest of the City.
1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in
the or Nftuni and is submitting a Response under this Fornlal Solicitation :shall nieet the City's Occupational
License Tax requirements in accordance with Chapter 31.1, Article I of the City of Nliami (.,"harter„ Others with a
location outside the (.,ity of Miami shall meet their local Occupational License Tax requirements, A copy of the
license must be submitted with tl.w 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 daring the evaluation period, butprior to award.
1,56. ONE PROPOSAL - Only one l) lesponse from an individual, firrn, partnership., corporation or jt_ t venture
will be considered in response to this Formal Solicitation
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1.57. OWNERSHIP 01" DOCUMENTS -U is understood by and between the parties that any documents, records,
riles, or any other matter' whatsoever 1.v.hi2h iis given by the C.rny. to the successful Bidder/Proposer pursLiant to this
formal solicitation shall at all tilTIC'S rnann t he 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 INN:AE.11)1TV - any provision of this Contract or the application thereof to any person or
circumstance shah to u1y extent he held invalid, then the remainder of this Contract or the. application of such
provision to persons or etromilstanees other than those as to which it is held invalid shall not be affected thereby, and
each provision of this (:„"ontraet, shall be vand and enforced to the fullest extent permitted by. law.
1,59. P FRED R.11.11N(.:17PA N"MENT 130ND --A Contractor may be required to furnish a Performance/Payinent
Bond as part of. the requirements of this Contract, in an amount equal ter one hundred percent (1,00`Io) of the contract
price,
1.60. PREPARATION OF R ESP(TNS ES (11ARDCOPY FORAIAT) —Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed
amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be
at the Bidder's/Prqoser's risk.
A. Each .BiilIer/Proposer shall furnish the information required in the Formal Solicitation. The Bidder'Proposer
shall sign the Response and print inok or type the rEirrie of the. BidderTroposer, address, ,and telephone number on
the face page and on each continuation sheet thereof on which he/she makes an entry, as required.
13. II's° required.; the unir price for each unit offered shall be shown, ancl such price shall include packaging,.
handling and shipping, and F.O.B. liarni delivery inside City premises unless otherwise specified. Bidder/Proposer
shall include in the response all taxes, insurance, social security, w.orkncn's compensation, and any other benefits
normi,illy paid by the Bidder Prol}oser to its enaployees, It applicable, a unit price shall be entered M the -Unit
Price" column l'or each item. E3ased upon estimated quantity, an extended price shall be entered in the -Extended
Price- column for each item offered, in case of a discrepancy between the unit price and extended price, the unit
price will be presumed correct.
C. The Bidder'Proposer must stare a definite tine, if required, in. calendar days for delivery of goods amiior
services,
D. The BidderTroposer should retain a copy of all response documents for .ffiture reference.
E. All responses,w described, must be fully. conThleted and typed or printed 10 ink and must be sIi-aned in ink with
the firm's ro;iine and by an officer or employee Im ismn. authority to bind the compuly or firm by his/her signature,
Bids/Prq-.iostlsh 01 11 5 er,isUrS or comections must he Mitntled 11 ink by per01 igning the response or the
response may be rejected.
IF. Responses are to remain valid for at least ISO days. Upon award of a contract, the contentof the Successful
Bidder's/Prorioser's response may be included as part of the contract, at the City's discretion.
(.. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
Ilardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
IARD( ()PY EORNE10, TIIE ORIGINAL /1ND TIIREE (3) COPIES (1)0 TIIESE SETS OF FORM'1INLESS
(Tr!. HER s pEci F ED, AND ANY REQUIRED .ATTACHMENTS MUST BE RETURNEE) TO 1000 CITY
OR YOUR RESPONSE, MAY BE DEEMED NON -RESPONSIVE.
1.61. PR ICE A Di U STNI ENT'S — Any price decrease effectuated during the contract period either by reason of
Page 18
7,83.381
rnt...irket change or on. the part or tile contrictor to other customers shall be pLissed on to the. City or Nliami.
1.62. PRC)DI2C.71'StiliST.I1 U1 ES - I11. the event a. particular awarded ',Ind ,approved itaanoracturer's product
becomes unavailable during the terin of the Contract, the. Contractor awarded that item .inay arrange with the City's
authorized representativets) to sityply a substitute product at the awarded price or I.o\ver, provided that a s,;.iinple.
L,..n...Trovecl in ;Advance or (lelivery and that the ne\k, product meets or exceeds ail quality requirenlents.
1.63. CONI1.ICT ()F7 INTEREST,, .AND UNETHICAI.... BUSINESS PRACTICE 11.1:Z0.111BIEEIONS -
Coiltbactor representsind w...arrants, tn the City that it has not .entployed or rniined any t)erson or convany employed
by INC City solicit or secure this, f.,:ontract and that it. has not offered to pay, paid, or agrc,...ed to pay any person any
leo, conunission„ percenta2c, brokerage ree, or gift of any kind contingent upon or in connection with, the awardof
this Contract
164. PRC.).11PT PAY1 I ES-E ntay offer a cash dis,eottnt for prompt payilwrit however,
discciunts shall not be considerd. in. deterillilling the I10 net: cost for response evaluation purposes..
Bidders/Proposers are required provide thetr prompt payment terms in the sfmce provided on the .Fornlal.
Solicit...itiora. It'll() prompt payinent discotmt is being otTered, the Bidder/Proposer must enter zero (0) for the
percentage discount to indicate th.) discount. 11 the Bidder/Proposer rails to enter a percentage,..it is understocAl ind
agl ered. that the terms shall be 2) days, effective INer receipt .of invoice or final acceptance by the City,.
whichever is later.
\,,\i'hen the C.,"ity is entitled to 1 cash discount, the period oCconTutation II commence on the date ()Idelivery, or
receiptof a c(nrectly cornpkted .whichever is later. 1r an adjustment in paynlent is necessary' due to
dm-nage, the cash disc,Junt period shall commence on the date firial approval for payment is authorized, If a discount
is part or 1.110 contract, 1.)1t, the invoice d,i)es not reflect the existence of a cash discount, the City is entitled to a cash
discount ,..vith INC ^,.)eriod coinnencin't On the ch,tte. it is, determined by the City that a cash discount applies,
Price discounts °tithe original prices cpk:.;Itad on the Price Sheet will be accepted fronl successFul bidders/proposers
during the terim of INC cnrntract,
1.65. PROPERTY - Prr.)perty ovcned by It he City or Ntiami Os the responsibility of the City or Nt iarni. Such piwerty
farriished to a C.ontraetor tbr repair, modification, study, et> .,. shall renu,..iin INC property oldie City of Miomo
Damages to such property occurring while in the possession or the Contractor shall be the responsibility or the
Contractor,. Ilkini-tages occurring tr,,.) SUCh rrOperty o hile in route to the City or Miami shall be the responsibility of the
Contractor, In the event that such property is destroyed or declared a total loss, the Contr:Ltetor shall be responsible
for replacementvalue of the property at the currentmarket value, less depreciation of the property, if any.
166, PROVISIONS HINDI...NC; - E.Kcept as otherwise expressly provided in the resulting Contract, all covenants',
conditions and provisions of the resultim, (."."ontract shall 1.7e binding upon and hall inure to the benefit of the parties
hereu.) and their respective heirs, legalrepresemtatives, successors and assigns.
1.67. PUBLIC ENT 11-1." CRIMES - A person or a cni ,vho has been placed on the convicted vendor list
following a convict i,c:na for a public entity crime may not submit a response 0113 contract to provide any goods or
services to a pihlic entity, May TIM uhnii 1 ICSpOnSe on a contr,act with a public entity tbr the construction or repair
or a pUblaC building or public 'work,. may nig submit responses on leases or real property to ,a public entity, may 3>11
be awarded 1.7,H" perform work1, a contractor, supplier, subcontractor, or consultant under ;,.1 contract with any public
entity, and only 110t transact business ‘vith any public entity in excess or the threshold amount provided in Section
287,017, ror CAT E((:)P, Y 1 \VO ror a period of 36 months from the date of being placed on the convicted vendor
list,
Page I 9 or 35
783382
1.68. PUBLIC RECORI)S - Contractor understands that the ptthlie shall have access, at all reasonable times, to all
documents and informadon pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes,
ind City of N.Luni Code, Section 18, /Vrticle 111, and agrees to allow access by the City and the public to Lill
documents suhject to 1,1isclosurc under applickIe law. Contractor shall additionally comply with the provisions of
Section V 19.0701, Florida Statutes, entitled "Contracts: public records-. Contractor's failure or refusal to comply
with the provision or this section shall result in the Munediate cancellation or this Contract by the City.
1_69, QUALITY OF GOODS, ,NLITERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials
used in the manufacturino or construetjm of supplies, materials, or equipment covered by this, solicitation shall be
11CW. The items bid, proposed must be of the latest make or model,, or the best quality, and or the hi2hest grade or
workmanship, unless as otherwise specified in this Solicitation.
1.70. QUA L IT Y 0 I' N/OR K/S E RVIC ES - The worklservices performed Elitist be or the highest quality and
workmanship. Materials firnished complete the service shall be new and of the highest quality except as
otherwise specified in this Solicitation.
1.71. REMEDIES PRIOR TO AWARD (Se. 18-106) - It/prior to Contract award it is determined that a fOrtnal
solicitation or proposed award is in violation or law, then the solicitation or proposed award shall be cancelled by
the City Commission, the City Nlanager or the (."hie) Procurement Officer, as may be applicable,, or revised to
comply wilh the law.
1.72, RESOLUTION OF CONTRACT DISPUTES (Sec. 18-I 05)
(a) Authority to resolve Contract disputes_ -Ihe City Manager, after °Nan -ling th0 approval or the city attorney, shall
have .111e authority to resolve controversies between the 'Contractual Party and the city which arise under, or by .virtue
of, a Contract betw...een them, provided that, Ili cases involvim.1 an amount greater than S25,000, the City.
Commission must approve. the City Manager's decision., Such authority extends,without lirrdtatikxl, to controversies
based upon breach of:Contract, mistake, misrepresentation or. bck, of complete perfornlance, and shall be in:yoked by
a Contractual Party by submission of a protest to the City Manager..
())) Contract dispute decisions. 11,a dispute is not resoked by mutual consent, the City Managr shall promptly
render at written report stating the re'lsons, for the action 1 ik 11 by the 1 ii> Commission or the City'. Manager which
shL'Ill be fu 11 and conclusive. copy or 11 e. decision shall be irnmedkuely provided to the protestim2 party, .a long
wrth a notice of s.tich 1:quay's right tin 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. RESOLICTIO.N. or' PR(Yr EST ED SOLICETATR)NS AND AWARDS (See. 18-104)
(a) Right to protest, The follow-U.1,4 procedures shall be used for resolution of protested solicitations .,Ind awards
except for purchases of goods, sum.)lies, equipment., and services, the estimated cost of which does not exceed
.S25„000,
Pro.tests thereon shall he governed by the Administrative Policies and P.rocedures, of Purcftming.
I.Protest of Solicitation.
i. Any prospective proposer who perceives itself rig,aried in. connection .withthe solicitation. of .0,,t Cont.n.lct 010
protest to the Chief' Procurement Officer A 'written notice o,f intent to file a protest shall be tiled with the Chief
Procurement ()lifter vith1n three days after the Request for Proposals, Request tbr Qualifications or Request for
Letters of Interest is published in a newspaper of general circulation. A notice or intent to tile a protest is considered
filed when received by the Chief Procurement Officer or
Page 20 of 35
783382
ii. Any prosp.ectke bidder \vho intends to contest the Solicitation Specificatk.ms, or a solicitation may protest to the
Chief Procurement Officer A writi.c.11 notice or intent to file a protest shall be filed \vith the Chief Procurement
011-wer within three days after the solicitation is published M a. neAvspaper o r general circulation, ik notice or intent
to tile a protest is considered Ued when received by the Chief Procurement Officer.
2. Protest of A ward.
i. A written notice of intent to file a protest shall Ile filed with the C.Iiier Procurement Officer within two days after
receipt by the proposer of the notice of the City Manager's recommendation for award or Contract, which will be
posted on the City of Purclmsing Department website, in the Supplier (orner, Current Solicitations and
Notice of Recommendation of Award Section. The notice or the City Nlanager's recommendation can be found by
se lecti ri.2 the details of the solicitation and is listed as Recommendation or Award Posting Date and
Recommendation of Award To fields If " ny'aricnis" is !indicated in the Recommendation of Award To field, the
Bidder'Proposer must contact the buyer ror thatsolicitation to obtain the suppliers name. It shall be the
responsibility of the BidderPropoer to check this section or the welxate daily after responses are subnlitted to
receive the notice; or
ii. Any .,ictual Responsive and l.esponsible Bidder wl.lose Bid is lower than that of the recommended bidder !nay
protest to the Chief Procurement Officer, A written notice Or intent to file a protest shall be tiled with the Chief'
Procurement Officer within r.vo (Jays after recetpt by the bidder of the rmice of the city's determination of non
responsi%, mess or non responsibility. The receipt by bidder or such notice shall. be confirmed by the city by facsimile
or electronic mail or U,S. niol, return receipt requested, A notice of intent to filo a protest is considered filed when
recei,,,.ed by the Chief Procurement Officer.
A written protest based on an of tlie foregoimI must be submitted to the Chief Procurement Officer within five
t5) days after the date the notice of protest \vas filed, A written protest is considered .tiled when received by the
Chief Procurement (..)fricer,
The \:,,,rritten protest rimy not ch.illenqe the re) ni c of 'the en„.-aluation criteria or the forinula fcg assigning
points in mailing an award determination,
The .\ritten p otc1 drall state \rith particul..tri ty the specific facts and law upon which. theprotest of the solicitation
01 the award Os based„ and shall include all pertinent doeunments and evidence and shall be i.tecoinpanied by the
Filing Fee as provided in subsection ID. 'This shall rcirrn the basis tbr review. or the Written protest and no
facts, oround, documentation or eNici2nce rot contained in thc protester's subtrission tr) the Chief .Procuremen
Officer at. the time of filing the protest shall he permitted in the consideration or the .written protest,
No time will he added to thc. a.hove Iinii for service by mail. In computing any period of tillqu2 prescribed or allowed
Itry this sectiot ,. the day the kid 00010Or' dCfalll IrOrn which the designated period of time begins to rum shall not
be included. The. last Lo of the period so computed shall be. includedunless 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.,
Intertnediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the tinte for filing,
(b) Autlwrity to iresolv'e protests.. Ile Chief Procurement Officer .shall hise the authority, subject to the .approval or
the City Manail,er and die city; arwrney, to settle and resolve any .written protest_ The Chief Procurement Officer
shall obtain the requisiteapprovals and communiCae said decision. to the protesting party. and shall submit staid
decision to the.. City Cornmission within 30 days after he/she receives the protest. In cases involving more than
S25,000,, the decision or the Chief' Procurenient Officer shall be submitted for approval or disapproval thereof to the
City Commission after a favorable recommendation by the city attorney arid the City Manager
(c) Cciniplizimce wida filing requirements, Failure of a party10 imely rile either the notice or intent to tile a protest or
PL,tge 2 I or 35
I73.382
the written protest, to;iGiether .wtth the requited FilingFc as provided M. s-ubseetion \vitt) the Chief Procurement
OfFleet' \Nadalr). the time provided in subsection (a), above,. shall constitute a forfeiture of such party's right to file a
protest p u rs uant to this section.. The protestinglaarty shall not be entitled to seek judicilil tLIIJ ii1iit first having
followed the fxroced tore set forth in this section
(d) Stay or PrcGcurentients c..1uritig protests. EIpt)n receipt of a written protest pursurint to the requirenlents of this
section, the city shalt not proceed urth.er \vat]) the solicitation or with the award oldie Contract untiltheprotest is
resolved by the ChIer Procurement Officer or the City Commission as provided in subsection (1...)) above, liakSS. the
City Nianager makes a wriver determination that the solicitation process or the Contract award n-mst be ei)titinued
without delay in order to. avoid an immediate and serious danger to the public health..safety or welfare.
(e) Costs. All costs .accruing Cron) a protest shall be assumed bythe protestor.
(1) Filing. Fee. The ,,vritten protest must be acconvaniecl by a 'fihng fee in the flAtrri or a money order or cashier's
chock. payabile to the city. In. an af1101Int equal to one perCent Of the amount of the Bid or proposed Contract, or
S5000,0)„)„ whichever is less, which riling L. s.hall guiaramee the prtytnent of all costs which rutty be adjudged against
ths protestor in any administrative or court proceeding. IT a protest is upheld by the Chief Procurenaent Officer
arid, or no City Cit)mrnissian, as applicable, the i r fee shall be refunded. to the protestor less any costs assessed
under subsection te) above, If the protest is denied, th oo.fee shall be forfeited to the city in lieu of pia!,./tnent of
costs for the administrative proceedings as prescribed by subsection (e) above,
1.74. SX:\IPEES - Samples of items, \Olen required, .must be subrilitted within the time specified at no expense to
the City. lino( destroyed by testi0 g,. bidcler(s)/proposer(s.),,vill be noti fled to remove.samples„ at their expense,
vcithin 30 days. after notification. Failure to rginc)ve the samples twill result. in the samples beconlinia the .triperty of
the: City,
1.75. SELLING, `171"...ANSTERRI NC OR ASSIGNING RESPONSIBILITIES - Contraotor shall not sell, assign,
trariS cer Of SILIbcontri.ct at Li rly thile during the tern) of the ContrtICE 001 111 part or its operations, or assign any pOlfli.:111
Or tile. per required by this col:iv:net, except urld.(r and by virnie ot wrritten permission grtinted by the City
through Ilc proper officials, which ray' he .withheld or conditioned, in the City's sole discretion,
1.76. SERVICE ,ALND ‘VARR,AN'IN" hen specified, the 'bidder/proposer shall define all warranty,service and
replacements that n ill be provided. B idders,:Proposer .must explain or the Response to what extent warranty and
service facilities .are available. A copy of thc manivracturerls warranty, if applicable, should be submitted with your
response.
1.77. SILENCE OF SPECIFICATIONS - apparent silence or these specifications and any supplemental
specification as to any deu-Gtil or the olnission from it o detailed description concerning any point shall be regtarled
it only the hest cot-inner:Ell pri.tctiees are to prevtiil and thta only inattrials of iirst quality and correct
type„ size and design are to be used, All workmanship and services is to be tirst quality.
All tnterpretations or these specifications shall be made upon the basis of ftlis stamuenti
If your lirm has a current contract wiih the State of Florida, Department or General Services, to simply the items on
this solicitation, the bidderlproposer shall quote hot more than the contract price; failure to comply \rid) this request
will result in disqualification of bid proposal.
1.78. SIANIISS ION AND RECEIPT ()E 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 33133-55(74, at or before, the speci tie(1 closing date and time. as designated in the BIB, RFP,
REQ., or Rill. NO EXCEPTIONS, Bidders:Proposers are welcome to attend the solicitation closing; however„ no
Page. 27 ol 35
783382
ward wiil he made at that rinse.
A. liardcopy responses shall be enclosed in a sealed erivelope„ box package. Tile lace of the envelope, box or.
package timid. show the hour and date specified fi..)r receipt (..)If responses, the solicitation nunaber and title., and the
name and return adds or the Bidder/Proposer. Hardcopy responses not submitted 011. the requisite Response
Forms rnay be rejected. Dardeopy responses received at any other location than the specified shall be deemed
non-resporlsive„
Directions to City Hall:
FROM THE NORTH. 1-95 SOITTH UNTIL 1T TUP.NS INTO US 1. SOUTISI 10 27111 AVE.„ TURN LEFT,
PROCEED s(....)u-TH To so. FiF,AYSI-lt..)RF. DR, (314,1)T.R.AFFIC L14:114T), TURN I...FEY, 1 BLOCK TURN RlCil-IT
P,AN AMERICAN DR. CITY IS AT 1! lE END OF PAN /AMERICAN DR. PARKING IS ON RIGTIT.
FRON1 TILE SOUTH; 1,IS-1 Nital?,„Tlit TO 27TH AVENUE. 'TURN RIGHT, PROCEED 500/1711. 'I() SO.
l3AYSII014E DR. ORD TRAFFK7 IGHT), 'TURN I...EFT, 1 BLOC.K. TURN RICiITT ()N PAN i.ANIERICAN DR.
C.TFY tS „AT 1-11E. ENT) OF P.A,N, DR.„ IS ON RIGHT.
13. Facsimile responses not be .considered.
C. Failure to follow these. procedures is cause for rejection ()Chid/proposal
[). Trhe responsibili ty fOr obtaining. ancisubnaitting a response on or before thedose date. iis solely and strictly the
responsibility of Bidder/Proposer, The City of Miami is not responsible fir delays caused by the United States mail
delivery or caused by, occurrznic. Responses, received after the solicitation closing. date and time will be
returned unopened, and. skill not be considered. trbr award.
E. !Ate responses vill be rejected,
responses are .subject to the coni„Iiticins speci tied herein.. Those winch do not comply with these conditions
are subject to rejection.
.Nlodincrition of responses ',already submitted will be considered. only if received at the City before the time and
date set tbr s,..iiticitati on responses. All modilications must be submitted via the Oracle System or M.
\v-ritina. Once a solieitation closes )closed date and or time expires), the City will not consider any subsequent.
submission which alters the responses.
H. If hardcopy rcspons:es are submitted the same time ftir different solicitations. each response must be placed
in a separate en. -elope, box., or package and each envelope., box or packagemust contain the information previously
stated in. .1..82.A.
1.79. TAXES - The (...:A of Miami is exenTht frorn an taxes imposed by the State and/or Federal Goverarnent.
Exemption certificates will be provided upon request. Notwithstanding. Bidders/Proposers should be aware oldie
fact that all materials and supplies v,thich are purchased by the Bidder/Proposer fbr the .cornpletion of Me." contract is
s.ubject o the Florida State Sales Tax in accordance with. Section 21.2,08.. Florida Statutes, as amended and all
amendments thereto andshall be paid solely by the Bidder/Proposer,
1,80. TERAIINA.TION —The. C'ky Manaia„er on behalf of° the City of Nharni 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,
a pp ly:
'''[he contractor is determined by the C.„:ity to be in breach (34' any of the. terms and conditions of the contract.
°T/hie City InTs determined. that suchtern:Um:Irian. will be in the best interest of the City to terminate the contract for
Page 23 of 35
783382
its own com,enience.',.
C. Funds arc not available to cover the cost of the goods and/or services, The City's obli gatior s contingent upon
the a iiLbility orappropriate funds.
1.81, T ERNIS OE PAYMENT Payommt I be m.ade by the City after the goods and;or services awarded to 3
Bidder1Proposer have been received, inspected, and found to comply lv i (II award specifications, free or damage or
defect,, and properly invoiced, No advance payments or any kind will be made by the City of Nliarni.
P.ayrnent shall be made rafter dhvrv, within 45 days or receipt or an invoice and authorized inspectOn and
acceptance of the gIsfservices and pursuant to Section 218.74, Florida Statutes and other applicable law,
1.82. TINIE EY DELIVERY -Tima wdi b olfte essence for any orders placed as a result or this solicitation. The
City reserves the right to cancel such orders, orui piiirt thereof, without obligation, if delivery is not rni::ide within
the [inlets') specified on their Raspnc. Deli veiies are to ha made during rebular City business hours unless
otherwise specified in the Special Conditions.
1.83. 'TIME - ride to the goods or equipment shall not pass to the City until after the Ciry has accepted the
goods/equipment or used the goci,ds„ .whichever comes first,
1.84.TRADE SECRETS EXE(.71.51 ION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to
the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes, An exception may be made for
We secrets.,"
If the Response. contains information that constitutes a "trade secret'', all material thatqualifies for exemption from
Chapter' 1.19 mast 1)e submitted in a separate envelope, clearly identified as -TP,ADE SECRETS EXCEPTION,"
with your firm's natne and the Solicitation nurnber 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. parson..
By your designation of material in your It.esponse as a "trade secret- you agree to indemnify and hold harmless the
City for any award to a plaintiff for damaaies, costs or attorney's fees and rbr costs and attorneys fees incurred by
the City by reason or any legal action challeivitig your claim,
1„83, UNA.UTHORIZED N:\."01.K" OR DELIVERY ()E GOODS- Neither the qualified Bidderts)/Proposer(s) nor
any or his/her empkiyees shall perform any work. or .deliverinygoods unless a change order or purchase order is
issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid ikr any work performed
or goods delivered outside the scope or the contract or any work performed by an .employee not otherwise
previouslyauthorized,
1.86. USE (....)F NALE The City is not engaged in research for advertising, sales promotion, or other publicity
purposes. No advertising, sales promotion or other publicity materials, containing information obtained .from this
Solicitation are to be mentioned„ or imply' the name of the City, without prior express written permission of the. City.
Manager or the City Commission,
1.87. VARIATIONS OE SPECIFICATIONS For purposes of solicitation evaluation, bidders/proposers must
indicate any .,..,ariaincies from the solicitation specifleations and/or conditions,no matter how slight Ifvariations are
not stated on their Response, ir wiil be assumed that the product .fully complies with the City's specifications.
Page 24 of 3,5
783382
2. Special Conditions
2.1. PURPOSE
The purpose of [his Solicitation is to establish a contract, for rubber surfacinz, installation services, as specified
herein, from a sourcets), fully compliant with the terms, conditions and stipulations of the solicitation,
2..2. D E,A DUNE 1."'01Z. RECE I yr (yr, RI QI.JEST FOR „ADDIIIONAL... FORINTATION/C1....A.RIFICATION
/Any. questions ar clariricnion,,,s, concerning this solicit:it l01:1 SI'L:111 be sTabmined by enr„.til or facsimile to the
Procurctnent Departnlent, Attn: Victoria Clia'aldo, .fax: (305) 400-5361 or email: VictoriaGiraldogrniamigov,eoni,
and. a copy tiled w.ith the Office o0r the Cit.y Clerk, pursuant to Section. 1..20.. Cone of Silence. The solicitation tide.
and nunaber shall be referenced on all correspondence. All questions must be received no LItCr than Monchty, April
2,2018 at 200 p.m. All responses to question,s r„vill be sent to all prospective bidders/proposers in the form of an
addendunl. NO QUEsTioNs \\,11„.t. VE.R,BALL.N OR AFTER. SAID DEADLINE,
2.3. AlITHOD ()1"." ANA ARD
rile City reserves the right to make multiple awards, if it is tho best interest of the City, If a multiple a\vard is
given, request for Task Order assie,nments will 'be made on the basis or the unit prices submitted and the availability
of the bidders A..ork unit to the schedule sat by the City of NI iarni, The City will hoever, before selecting tlle vendor
from .whoin t(,) order, utilize the best hurl dependent upon availability at the time, as recittired during the contract
period,.
2.4. T ERA! OF CO N'I'PLXCT
The Contract shadcommence upon the date o.f notice of award and shall be effec tn, e for three (3) years \vdthi the
option to renev for three (3) additional one ;) year periods, subject to the availability of funds fbr succeeding fiscal
years,
Continuation of the contract beyond the initial period is aUity prerogative; not a right of the SUCCeSSfill Eifticler(s),
This preroafive will be exercised only when such continiunion is clearly, in the best: interest of the. Cray.
2.5. CONDITIONS IF(..)R RENEWAL
Each retie \‘ al of this contract is .subject to the following:
(I) Continued satisfactory pert-bran:Ince conwl Lance with the specifications, terns and conditions established
here in.
(.2) A vai itt bil ity or funds
2.6.. EQUITABLE ADJUSTMENT
The Procurement Department may,. in its sole discretion, make an equitable adjus(nient tit the contract terms and/or
Page 25 0r35
783382
pi on if pricing or ilability of supply is atTected by extreme or unforeseen volatility in the niarketplace, that is,
by circurnstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the
Successful Bidden( s) control, (2) the volatility affects the marketplace or industry, not just the particular contract.
sottrce or supply, (3) the effect on pricing or availability of supply is substantial, and (4) the vol tility so affects the
Successful Bid(erts) that continued perf,L.)rmance of the contract ,.votild result in a substantial loss, Successful
Bidder(sdl may ha,, e to supply doeunlenLition to 'Justify any requested percent;:tge tricrease in cost to the City
of Miami.
2.7. 7s0N-APPR(1)1(1 I1 1().N ()F NDS
In. the e\,ent no funds or insufficient funds are appropriated mI budgeted o,r are o.herwise unav-ailable in any fiscal
period for payments due under this cnnlr tot, then the City, two') written notice to the Successful Bidder(s) or his
assignee of such occurrence., shall have the unqualified ri,ght to teriyii nate the contract witllout ',my penalty or
expense in the CiE":!,N uor nL, yvarranty or representation Os im.ide that any project(s) will be awarded to any
tirnr(s).
18. BIDDERS 1)•11NIATUNI REQUIRENIEN'TS
CC)11.SiCkre.1.1 only from firms that are re:,t.tolarly engaged in the business of pro vidin2 goods and/or
services 13 (1,:"SeribeC.1 thiS Bid, that, have a record of pertbrinance .fcg. three (3) years: and that have
support, equiprnient org..tnization toinsure that they. can satisfactorily provide the goods
)r services if aw'arded a Contract under the terms and. conditions herein stated. Bidder shall:
) Not h.ave nlemb.er, officer, or stockholder that is in arrears or is in defaultof any debt or contract involvin.g
the City,. is a de,f.tulter suety otherwise, upon any oblioation to the City,lindor ha ailcil to perform faithfUlly on
any previous contract with the City.
(2) Have no recorcir.)1 pending lawsuits o: criminal actives, and have never been declared bankrupt 'within the last
three (3) years.
2.9. INSL"RANCE REQUIREMENTS
I217,;,, 1[1,,CA'r 0 N,
iecessful Bi(ider shalt raty on behalf of, indemnify and save City and its, officials harmless,. from ;.tncl a2ainst any
and all claims, liahi1itic losses, and CaLlSeS of action, which may arise out of Successful Bidder's performance.
under the provisions, of the contract, includinLt all acts or omissions to act Oil the part of Successful Bidder, including
any person perforal Mg under this C'ontract for or on Successful Bidder's behalf, provided that any such claims,
losses and causes of such action are not attributable to the negligence or misconduct of the City and, from
and against any orders, juckimerits or decrees which may be entered and whicia my result from. this Contract, unless
attrrlytdtable to tile negligence or misconduct of the City, and froni and agaMst all costs, attorneys' fees, expenses and
liabilities incurred in the defense of any, such claim, or the investigation thereof,
The Successful Bidder shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor,
.Florida 33 (30, Certi)iu.tte(s) of insurance which indicate that insurance coverage has been obtained which
[fleets the requireryients as outlined below
Page 26 01'35
Commercial General Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence
General Aggregate...Limit
Products/Completed Operations
Personut anci Advertising Injury
3.EnNirsenients Required
City of Nliami listed as an additional insured
l')rirriary Insurance Clause Endorscirent
Premises and Operations Liability
Com ingent nid Contractual Exposures
Rosiness ,,1otomohile Labiitv
of. Liability
$ 1 ,000,l)00'
S2,000,000
S 1,00(„),000
,S 1,000,000
BodiF:( Injury and Property Damage Liability
Combined Single Limit
Any Auto, Ow/ned or Scilduled ALAOS
Including [Bred, Borrowed or Non -Owned Autos
Any Ono Accident S 1,000,000
B, Erillorsements .Required
City otviaiiii listed as all iiiitiorai. insured
‘Vorker's Compensation
Limits of Licibiltty
Statutory State of Florida.
Waiver of. Subrogation
A„. Employer's Liithility
7833,82
Pane 27 of 35
783382
.S100,000 or bodily injury caused by ail accident, each accident.
S 100,000 for injury caused by disease, each empk)yee
S500,000 Col!bodily injury caused by disease,. policy limit
B. Elnthrel la Liability
Each Occurrene.e S1,00,0,000
Policy Aggregate S I ,00u,000
City &Miami listed as. additional insured. .Policy is. excess follow Corm over all applicable liability policies listed
herein.
BINDERS ARE UNACCEIYEA13LE.
!he insurance coverage required shall include those classifications, as listed in standard insurance manuals,
which most nearly reflect the operations of the Successful Bidder,
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida,. with the roll° \ving qualifications'.
The Company nura. he rated no less than —A- as to management, and no less than "Class V" as to financial strength,
by the latest edition of Best's Insurance Guide, published by A.M. Best Company, ()Idwick, New Jersey, or its
equivalent. All policies and; or certificates of insurance are subject to review and verification by 11sk Management
prior to insurance approval,
Certificates will indicate no modFication or change in insurance shall be made \vithout thirty (30) clays \vritten
ad\,ance notice to the certificate holder,
NC/I-E',. CITY BID NUNIBER AND/OR TITLE OI"" BID MLJS'Y APPEAR ON I CERl'IFIC'ATIE.
(Tompliance with tne forerztoing requirements shall not relieve the Successful Bidder or his liability and obligation
under this section or under any other section ol this AVOCrIlent
--If insurance certificates are schediided to expire duriw4 the contractual period, the Bidder shall be responsible
for submitting new or renewed insurance certif.ent:es, to the City at a unnimum of ten (10) calendar days in advance
of such expiration.
--In the event that expired certificates are not replaced with new or rene\ved eertiticates which over the
contractual period, the City shall:
(4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner
prescribed in the kvilat)on To Bid,
(5) The City may, at its sole discretion, terminate this contract for cause and seal< re -procurement damages from
the Bidder in conjunction with the (leneral and Special Terms and Conditions of the B)d,
The Successful Bidder shall be responsible for assuring that the insurance certificates required in conjunction with
this Section remain in force for the duration of the contractual period, including any and all option terms that may be
granted to the Successful Bidder,
Page 28 of 35
783382
2.10. P R E- 1 C (:).N FE RE NC E
Voluntary pre -bid conference will he held on March 28,2018 at I 0:00 a.m., at City or Miami MRC Building 6th
Boor South.. Dtirii this conference, a discti.on of the requirements of the solicitation will occur. The purpose of
the pred)id conference is to al t xpoIlenta1 B kiders an opportunity to present questions to staff and. obtain
clarification of the requirements of the solicitation documents. Each potential Bidder is required, prior to submitting
.a E3d, (..) acquaint itself thoroughly with any and alt conditions and/or requirements that may in any manner affect
the work to. he perf6rmed. No allx.rwances will be made because of lack of knowledge or these conditions.
All gLICSl:lOnS and anSwers adverciy afrecting the scope of workispecifications or the bid will be included in an
addendum and sent inunediately fi..)Ilowing the conference to all the attendees.
2.1 1. PR(.),IECT NIANAGER
Upon aw'ord. Successful Biddegs) shall report. and work directly •with Vladimir Jeannot, or desigttee,who shall be
designated as Ole Project .M;.1mrtgert) for the City.
2.1.2. CO NTRACTO R. TO 131' RI PRESENTED
lhe SUCC,..4l.SS fly] Bidder(s) at all times must either be personally pal at the worksire or be represented at. the
\.vorksite b:!.; a responsible azent or agents designated by the Successful Bitddeii s) in written notice to the City prior la)
the beginnine. or work, Suclinotification shall include lei data such as addresses,phone mumbers, etc., where
said ag.en or.i:-.tgent..s., may be contacted at J.irty Lillie of the day or night., The agent or .',.tgents shall be el()thed. wit.h.tull
authority to aot for the St.i.c.'..cess Bdder(s) in all .c.a:,;es., and to carry out any instructions relative to the work. may be
given by the City,
2.13. SUPE1VlS10N
Successful Bkiderts) shall employicompetent supervisor, in no additional costto the. City, who shall be in charge
of project an.d.monitor the quality of the workand perforn-umce of the Successful .Bidder's personnel during the
progress of the. project...The supervisor shall be the primary representative for the Successful 13idderts) and ail
communications given to and all decisions made by the. supervisor shall be binding to the Successful. Bidder(s).
Notwithstandin2, the supervisor be considered to be, at all times, an employee of the Successful Bidderts)
under its sole direction and not an employee or at of City of
2.14. RES PONS E TI E
A 1-1..\.."-COuir 12-1) 110 UT responsc 11100 is required. Failure t0 respond to a service call %vithin, the specified time may
result in the sUCCLSSfU Ve Ilk! i POlg any and all costs associated It0 he repairs performed by a secondary vendor.
2.15. CO:11PLEHON TIME
Substanial completion shall be achieved within a reasonable time period; weather permitting, front 'Notice to
Proceed,
.Pa2e 29 of .35
783382
2.16. SVECIFICAl'ION EXCEPTR)N
Any obvious cnor or omiss km in the speci fieations shall not be used to the benefit of the Bidder(s) but shall put the
Bidderts) on notice to inquire or identify the same from the City,
2.17. C 0 11 P E ET ED WORK
The City shall be notified by the Successful Bidder upon conwletion of work, The City shall inspect and approve
convicted work before authorizing payment. Work not satisfactorily completed shall be redone by the Successful
Bidder at tlo uIditiunadditional chari.2.iti to ihe City.
2.18. IiOURLY LABOR R...ATE
The. hourly rate quoted shall include full compensation tbr labor., equipment use, travel tirne, and any other cost to
the Bidder, "[his .rate is assumed ti.) 1)e at strLiight time for ',11.1 labor, except as otherwise noted.
2.19, .NIETHOD ()1, PAYN1ENT
Payment will be inade. upon final completion and acceptance of the project. The city will pay the .contract price
rninus any liquidated danlages and or other damages to the. Successful Bidderts) uponfinal conapletion and
acceptance. Payment uull bc niadc on partial veries accepted by i.he City when the amount due on such
deliveries so 'warrants at the discretion of the City.
2..20, LIQI.ADATED DA..NIAGES
Faiurc to conaplete the project in accordance with the specifications and to the satisfaction of the City within the
time stated., shall result in .I.iquidated damages. beim!. assessed„ The Successful Bidder shall be subject to an
assessment of 14u1dated damages in the amount of S lotibh for each and every calendar day the work remains
incomplete WI to exceed the total amount of the contract), as compensation due to the City for hss or use and for
additional costs incurred1 the due to such nonconvletion of the. work... The City shall l.lave the right to
de.duct said liquidated damages from. any amount due or .that may become due to the Successful Bidder under this
LI,reernen.t. or to invoice the S.ticcessfal Bidder for such daimtges if the costs incurred exceed. the aniount JUL to the
Successful Bidder.
2.21. D kAl N.GES 0 PUBLIC/PRIVATE PROPERTY
The Successful Bidder shall carry out the work with such care and methods as not to result in damage to public or
ite property adjacent to the work. Should any public or private property be (kirmiged or destroyed, the
Successful 13 Odder, at his/her expense,shall repair or make restoration as is practical and acceptable to the City
and/or owners of destroyed or ihniagcd property promptly within a reasonable length of time. (Not to exceed one
month from date damage was done).
2.22. NW .'tKH .AN..7TIP AND MATERIALS
Page 30 of 35
783382
parts installed and materials used in perfOrmance of this Contract shall be new and unused (of current design .or
inanufacture). Salvage materials will not be allowed. without the express consent of the City, All materials and
vvorkmanship shall be of the highest quality and shall conform to all applicable laws, statutes, codes and ordinances„
ftY ersure safe and functional oper„ation„ 71.11.e. City h 111 be the sole judge as 'to parts arid workmanship..
2.23. NI ATE RIA LS.TRODUCT QuALITy
The Successful. Bidder(s'i hereby acknowled:,'es and agrees that all materiallslproducts„ except where recycled content
is specifically requested suppli,':.d by the Successful Bidder(s) in conjunction with this Bid shall be new, warranted
for their merchantability, and fit f(...)r. particularpurpose. In the event any of the materialsiproducts supplied to the
CI ty by the Successful Bidder( s) are 'found to be defective or do not comfbrm to specifications, the City reserves the
right to cancel the order and return such 'inaterials/products to the Successful Bidder(s) to replace' the
materials/products at the Successful Bidder's expense.
2.24. ), VA R RANT 11'
The Successful Bidder(s) will be required to provide a warranty in which the Successful .W.dder(s) agrees to repair or
replace components of playground system that tad in nat,::rials or workmanship within the specified warranty
period. Warranty shall not be conditioned on the City providing periodic application or sealers or other coatings, or
any other maintenance, to the wear course during the 00-„irranty period, IF such coatings, arc required durin the
peri( d. they shall be pro,„ ided 1)y the Successfal ldds,) at no additti)nai cost to 'the City.
2.25. USE OF PRE:VINES
The Successful Eliddeils) shall confin0 his/her equipment,apparatus, the storage of materials, and the operation of
his/her 'w(„..)rkmen 0 the 111:11i LS indicated by law„ ordinances, perraits, or direction of the project manager,and shall
not unreasonably cretin:Iher the premises 'withhis/her materials. '1.-he Successnal Bidder(ij shall take all measures
necessary to protect his/her own materials.
2,26. SAFETY .11EASURES
The SUCC0tiSrLd Bidder(s) shall tako all necessary precautions for the safety of employees, and shall erect and
properly mairthlin at Lin 1([1k ill necess';',uiy safeguzirds for the protection of the employees and the public, Dattger
signs warning against hazards created by his/her operatium and work in progress must be posted_
All employees of the Stufcessful BicIder(s) sl-kAll be expecteld 't() wear safety glasses or goggles, appropriate clothing,
and hearing .protection 'when and wherever applic.able. The Successful 13idderf s) shall use only equipnaent that is
fullyoperational' and in safe operating order, The Successful Bidder(s) shall he especially careful when servicing
propery when pedestrians and:or vehicles are in close proximity - work shall cease until it iS sate to proceed.
2.27. FA II, I, I RE TO PER FO R
Should it not be possible to reach the Successful Bidder(s) or supervisor and:or should remedial action not be taken
within 48 hours of any failure to perform according to specifications, the City reserves the iiiil to
Page 31 r1 35
7'83382
declare Successful Bidden s) m default of the contract or make appropriate, reductions in the contract payment
2.28. A I)DITIO NAL CONTRACTOR(S) Ok SIACONTRACTOR(S)
-Mere are no implied or express guarantee that all Successful Bidders tinder this contract will receive work
assiLmments ring any given catastrophic events such as tornadoes, hurricanes, severe swrins or any other public
eflergency. ticwve,,er, the City reserves the right to assign work to multiple Successful Bidders at any given point in
time, add (....foractons) who were rot pat oldie initial award to the contract or direct Successful Biddertsi to hire
Subeontractorts), ich may or n lay not be part of' this bid contract, to expedite the ckan-up efforts of debris to
restore normalcy and order to the oes of Cut:, residents, busiitesses, aml general. public in an expeditious manner.
2.29. A DDITIONSIDELETIONS ()F PROE)UCTSISERVICES/LOCATIONS
Although this Solicitation identities specific locations/services/products to be serviced, it is hereby agreed and.
understood that any locationiservices/products may be addei,lideleted toirrom this contract at the option of the City,
When an addition to the cont.r...ict is. required, the successful bidder(s) tinder this contract. shall be invited to submit
price quotes for these new locationsiserviccsiproducts, If these. quotes arc comparable with market prices offered for
similar services/products., they shall be added to the contract whichever is in the best interest of the City and an.
addendum rand a separate purchase order shall be issued by the City,
2.30. TERMINATION
A. FOR 1)EFACIT
11 Successful Bidder defmilts On its performance under this Contract and does not cure the default within 30 days
after written notice a default, the City Nlanager may terminate this (ontrat, in whole or lit part, upon written notice
without penalty to the City of' In such event the Successful Bidder shall be liable for damtges including the
excess cost of procuring similar supplies or services: provided that it', ( I) it. is determined for any reason that
the Successful Bidder was not in default. or (2) the Successful Bidder's failure to perform is without his or his
Subcontractor's connl, fault or negliQzmcc, the, termination will be deemed to be a termination for the convenience
of the City of Miami,
B. FOR CONVENIE.NCE
The City Nlanager nay:' terminate this Contract,. in whole or in part, upon 30 days prior written notice when it i.s in
die best interest of the City oliMiami, 11 this Contract is for supplies., products, equipment, or software, and so
ternainated Cbr the con.venience by the City or Miami the Successful Bidder will be compensated in accordance with
an areed upon adjustnaent of cost. To the extent that this Contract is for services and so terminated, the City of
Nfiami shall he liable only for payment in accordance with the payment provisions of .the Contract for those services
rendered prior to termination..
231. ADDITION,‘L TERMS AND CONDITIONS
No additional terms and conditions included tts part of your ,solicitation response shall be evaluated or considered,
and any and all :such additional terms and conditions shall have no fOrce or effect and are inapplicable to this
3011L11 itioti I ubinitted either purposely, through intent or design, or inadvertently, appearing, separ.-itely in
transmittal letters, specill cations, literature, price lists or ‘varranties, it is imderstood and agreed that the Cieneral
Page 32 (.4'35
783382
(...:onditions and Spc.eial Conditions in this solicitation are the only ct...mt.li6ons applicable to this solicitation and that
the Bidder's authorized sun tture arrixed to the Bidder's acknowledgment fortri to thIS.
Page 33 0.1'35
78338.2
3. Specifications
SPECIFICATMNS/SCOPE OF WORK
Background
There are approximately 131 park facilities located in the City of Miami, This solicitation is designed to acquire
rubber surfacin4 services necessary to repair the City's playground areas in a timely, elTicient, and safe manner. This
contract will include ail current and flituri2 parksof the City ofManu, a weii as, use by any other user department of
the City,
The Successful Bidder
I. Furnish all labor, I -materials, supplie',,. tools, equipment, and heavy equipment necessary to perform work as
needed and as requested by the Pi,irks Recreation E)epartment (Ptirks)
2„ Provide and pay for all. niaterlak, labor, took,. equipment, safety/protection barriers, transportation, taxes,
insurance, etc. and ail things necessary to execute, complete, and deliver the work requested by Parks.
3. Visit the designated sites at the direction of Parks to identity and confirm the repairs recriested by Parks and to
provide a citiote for said repair prior to scheduling \.vork..
4„ .Provide and use only "new" repair parts and materials on any project, Factory "seconds", refinbished, defects,
discontinued, andlor surplus a fternlarket pars tuad, .supplies shi.:,t11 not be used„
5.. Be responsible for the removal of all debris from the site. Al! work areas shall be left in a clean and safe
condition,
6. Not use the City facility's dun pster to dispose of any debris related to the project's work..
7. Only proceed withrepai ranstal lation when existing and fbrecasted weather conditions pernait playground surface
system installation to be perfOrtned according to manufacturer's written instructions and warranty requirements.
8. .Provide a warranty in which. the Successful Bidder agrees to, repair or replace components of playground system.
that.fai I in na.aterials or i.vorkniariship within the specified warranty perkx1„.
Additionally:
I.. The playground safety surface system shall provide for resin .nt, seamless rubber surface installed meeting the
following ,requirernents:
A. Fall protection as required by Federal and State Statues, Standards, Regulations and any reference
material noted herein.
B. Acces.sibilir as required bv Federal and -tate Statutes, Standards and Regulations.
Page 34 of 35
783382
C. Surfaces intended t(:) serve as accessible paths of travel shall be firm, stable and slip -resistant and as
re,:t titre(' Ir)y Federal and State Statutes, Standards and Reguhndons,
2. Only installers approved by the safety suirfacing rtvintifacturer will be considered for qualifica
3. \Varranty shall not bti coti d t 'lolled, on the City. providing periodic application of sealers or other coatings, or any
other maintenance., to the wear course during the warranty period. if such coatings are required during the warranty
period, thev. shall be provided by the installer at no additional cost to the City.
11...arge Seale Projects and Other Ntaterials
AVI installation pr.)jects larger than 5$t)0 sq ft will be quoted on an as needed basis.
2 AVV patch repair requests over 350 sq 0 wili be quoted on an as needed basis.
3. All fencing that may be needed to protect the area fromthe public shl I he quoted by Successful Bidder on a
separate line item.
Note:
Any obvious error or onlission in the sp,,,cfticatious shall not 1,...)e used to the benefii of the Successful Bidder(s) but
shah put the Bidder!. s) on notice to 'Onquit%' •or identify the. same Croat Parks.
The City reserves to purchase priTts directly to complete any projects required under this contract.
Page 35 0135