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HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement DATE: June 10, 2025 FILE SUBJECT: Recommendation for Approval of the Award for the Repair Services of the Mooring System at Dinner Key Marina and Watson Island REFERENCES: Invitation for Bid ("IFB") No. 2017390 ENCLOSURES: Bid Tabulation RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement"), hereby recommends award of Invitation for Bid ("IFB") No. 2017390 to the lowest responsive and responsible Bidder, Kearns Construction Company, ("Kearns") for the repair services of the Mooring System at Dinner Key Marina and Watson Island, on a bi-annual and as needed basis. The awarded vendor, contract terms, and amount are shown below: IFB No./Title: IFB No. 2017390 Repair Services of the Mooring System at Dinner Key Marina and Watson Island Contract Amount: Contract Term: Group I -Federally Funded Projects: $5,150.00 Bi-Annually (Approximately $72,100.00 in the aggregate). Group II -Non -Federally Funded Projects: $5,315.00 Bi-Annually (Approximately $74,410.00 in the aggregate). Three (3) years with the option to renew for two (2) additional two (2) year periods. Recommended Vendor: Kearns Construction Company BACKGROUND: On April 21, 2025, Procurement on behalf of the City of Miami's Department of Real Estate and Asset Management ("DREAM") issued IFB No. 2017390 for Repair Services of the Mooring System at Dinner Key Marina and Watson Island, on a bi-annual and as needed basis, under full and open competition. On May 16, 2025, at bid closing two (2) bids were received. The bids were evaluated and tabulated following the guidelines published in the IFB. Kearns was the lowest responsive and responsible Bidder. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. Approved: a "�" Arthur Noriega V, City Manager Date: June 11, 2025 1 19:31:33 EDT c: Larry M. Spring, Jr., CPA, Assistant City Manager, Chief Financial Officer Andrew Frey, Director, Real Estate and Asset Management Thomas M. Fossler, Assistant City Attorney Yadissa A. Calderon, CPPB, Assistant Director, Department of Procurement PR24353 TABULATION OF BIDS IFB 2017390 Repair Services of the Mooring System at Dinner Key Marina and Watson Island In Depth Inc. Kearns Group I -Federally Funded Projects Item Line Description Est. Qty UOM Unit Price Unit Price 1 Mooring System Inspection 1 Each $475.00 $375.00 2 Swap -Out System With Vessel Attached 1 Each $750.00 $1,750.00 3 Swap -Out System Without Vessel Attached 1 Each $450.00 $1,500.00 4 Mooring System Removal 1 Each $1,000.00 $400.00 5 Mooring System Installation 1 Each $1,500.00 $900.00 6 Regular Hourly Labor Rate: Monday -Friday, 8:00 AM-5:00 PM, Per Diver 1 Hour $525.00 $90.00 7 Overtime Hourly Labor Rate: Emergency, After Hours, Weekends and Holidays, 8:00 AM-5:00 PM, Per Diver 1 Hour $850.00 $135.00 $5,550.00 $5,150.00 Lowest Bidder In Depth Inc. I Kearns Group II -Non -Federally Funded Projects Item Line Description Est. Qty UOM Unit Price Unit Price 1 Mooring System Inspection 1 Each $475.00 $425.00 2 Swap -Out System With Vessel Attached 1 Each $750.00 $1,750.00 3 Swap -Out System Without Vessel Attached 1 Each $450.00 $1,500.00 4 Mooring System Removal 1 Each $1,000.00 $450.00 TABULATION OF BIDS IFB 2017390 Repair Services of the Mooring System at Dinner Key Marina and Watson Island In Depth Inc. Kearns Group II -Non -Federally Funded Projects Item Line Description Est. Qty UOM Unit Price Unit Price 5 Mooring System Installation 1 Each $1,500.00 $950.00 6 Regular Hourly Labor Rate: Monday -Friday, 8:00 AM-5:00 PM, Per Diver 1 Hour $525.00 $96.00 7 Overtime Hourly Labor Rate: Emergency, After Hours, Weekends and Holidays, 8:00 AM-5:00 PM, Per Diver 1 Hour $850.00 $144.00 Prepared by: Teresa Soto, June, 2025 PDS e? Approved by: $5,550.00 DocuSigned by: Anal,re,..i Frey $5,315.00 Lowest Bidder Director/Designee TABULATION OF BIDS IFB 2017390 Repair Services of the Mooring System at Dinner Key Marina and Watson Island In Depth Inc. I Kearns Group I -Federally Funded Projects Item Line Description Est. Qty UOM Unit Price Unit Price 1 Mooring System Inspection 1 Each $475.00 $375.00 2 Swap -Out System With Vessel Attached 1 Each $750.00 $1,750.00 3 Swap -Out System Without Vessel Attached 1 Each $450.00 $1,500.00 4 Mooring System Removal 1 Each $1,000.00 $400.00 5 Mooring System Installation 1 Each $1,500.00 $900.00 6 Regular Hourly Labor Rate: Monday -Friday, 8:00 AM-5:00 PM, Per Diver 1 Hour $525.00 $90.00 7 Overtime Hourly Labor Rate: Emergency, After Hours, Weekends and Holidays, 8:00 AM-5:00 PM, Per Diver 1 Hour $850.00 $135.00 $5,550.00 $5,150.00 Lowest Bidder In Depth Inc. I Kearns Group II -Non -Federally Funded Projects Item Line Description Est. Qty UOM Unit Price Unit Price 1 Mooring System Inspection 1 Each $475.00 $425.00 2 Swap -Out System With Vessel Attached 1 Each $750.00 $1,750.00 3 Swap -Out System Without Vessel Attached 1 Each $450.00 $1,500.00 4 Mooring System Removal 1 Each $1,000.00 $450.00 TABULATION OF BIDS IFB 2017390 Repair Services of the Mooring System at Dinner Key Marina and Watson Island In Depth Inc. I Kearns Group I -Federally Funded Projects Item Line Description Est. Qty UOM Unit Price Unit Price 5 Mooring System Installation 1 Each $1,500.00 $950.00 6 Regular Hourly Labor Rate: Monday -Friday, 8:00 AM-5:00 PM, Per Diver 1 Hour $525.00 $96.00 7 Overtime Hourly Labor Rate: Emergency, After Hours, Weekends and Holidays, 8:00 AM-5:00 PM, Per Diver 1 Hour $850.00 $144.00 Prepared by: Teresa Soto, June, 2025 /—DS Approved by: $5,550.00 $5,315.00 Lowest Bidder —DocuSigned by: AAet,re,.., Frey 76ee7.6EoeFE4.co... DirectorlDesignee DIVISION OF CORPORATIONS Driniofr of At(iji)p-/).org P 0 r 1 ij I j". � 1 -- wt offia•iui 3'utte of Florida web3ity Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation KEARNS CONSTRUCTION COMPANY Filing Information Document Number P01000015810 FEI/EIN Number 77-0615005 Date Filed 02/12/2001 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 10/11/2018 Principal Address 2550 SOUTH BAYSHORE DR, SUITE 206B MIAMI, FL 33133 Changed: 12/18/2018 Mailing Address 2550 SOUTH BAYSHORE DR, SUITE 206B MIAMI, FL 33133 Changed: 12/18/2018 Registered Agent Name & Address KUVIN, LOWELL J 17 EAST FLAGLER STE 223 MIAMI, FL 33131 Name Changed: 10/10/2016 Address Changed: 05/23/2011 Officer/Director Detail Name & Address Title CEO KEARNS, CHARLES S 2550 SOUTH BAYSHORE DR, SUITE 206B MIAMI, FL 33133 Title CFO KEARNS, JOHN Will 2550 SOUTH BAYSHORE DR, SUITE 206B MIAMI, FL 33133 Title COO SULLIVAN, JAMES BJR 2550 SOUTH BAYSHORE DR, SUITE 206B MIAMI, FL 33133 Annual Reports Report Year 2023 2024 2025 Filed Date 01/26/2023 04/03/2024 04/09/2025 Document Images 04/09/2025 --ANNUAL REPORT View image in PDF format 04/03/2024 --ANNUAL REPORT View image in PDF format 01/26/2023 --ANNUAL REPORT View image in PDF format 04/09/2022 --ANNUAL REPORT View image in PDF format 04/26/2021 --ANNUAL REPORT 06/29/2020 --ANNUAL REPORT 04/23/2019 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format 1 10/11/2018 -- REINSTATEMENT View image in PDF format 02/24/2017 --ANNUAL REPORT View image in PDF format 10/10/2016 -- REINSTATEMENT View image in PDF format 01/09/2015 --ANNUAL REPORT View image in PDF format 03/24/2014 --ANNUAL REPORT View image in PDF format 01/15/2013 --ANNUAL REPORT View image in PDF format 02/14/2012 --ANNUAL REPORT View image in PDF format 05/23/2011 --ANNUAL REPORT View image in PDF format 04/26/2011 --ANNUAL REPORT View image in PDF format 09/30/2010 -- REINSTATEMENT View image in PDF format 03/23/2009 --ANNUAL REPORT View image in PDF format 07/09/2008 --ANNUAL REPORT View image in PDF format 05/01/2007 --ANNUAL REPORT View image in PDF format 04/27/2006 --ANNUAL REPORT View image in PDF format 04/29/2005 --ANNUAL REPORT View image in PDF format 07/20/2004 --ANNUAL REPORT View image in PDF format 02/02/2004 --ANNUAL REPORT View image in PDF format 10/20/2003 -- REINSTATEMENT View image in PDF format 02/27/2002 --ANNUAL REPORT View image in PDF format 12/17/2001 -- Reg. Agent Change View image in PDF format 02/12/2001 -- Domestic Profit View image in PDF format Florida Department of State, Division of Corporations City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6'h Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/orocurement IFB Number: Title: Issue Date/Time: IFB Closing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 2017390, 2 Repair Services of the Mooring System at Dinner Key Marina & Watson Island 21-APR-2025 ® 9:00 A.M. 16-MAY-2025 @ 3:00 P.M. Voluntary 23-APR-2025 @ 10:00 A.M. Virtual via Microsoft TEAMS 02-MAY-2025 @ 5:00 P.M. Soto, Teresa TSoto@miamigov.com (305)400-5024 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: KEARNS CONSTRUCTION COMPANY ADDRESS: 2550 S. BAYSHORE DR., STE 206B, MIAMI, FL 33133 PHONE: 305.461.0310 FAX: 305.461.1892 EMAIL: JKEARNS@KEARNSCONSTRUCTION.COPk ELL(Optional): 305.975.8878 SIGNED BY: TITLE: CFO DATE: 5/12/2025 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISOL ALIFI THIS RESPONSE_ 4 Certifications Legal Name of Firm: KEARNS C.ONSTRI1 TION COMPANY Entity Type: Partnership, Sole Proprietorship, Corporation, etc. S-CORPORATION- Year Established: 2001 Office Location: City of Miami, Miami -Dade County, or Other CITY OF MIAMI / MIAMI-DADE Federal Employee Identification Number (FEIN): 77-0615005 Business Tax Receipt/Occupational License Number: #185372 Business Tax Receipt/Occupational License Issuing Agency: CITY OF MIAMI Business Tax Receipt/Occupational License Expiration Date: SEPTEMBER 30, 2025 Will Subcontractor(s) be used? (Yes or No) NO If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): N/A Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/1/25). If no addendum/addenda was/were issued, please insert N/A. ADDENDUM NO. 01, 05/05/2025 ADDENDUM NO. 02, 05/10/2025 If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? YES Does Bidder have any pending lawsuits with or against the City of Miami, any of its agencies and/or instrumentalities? (Yes or No) If Yes, please list. NO. SEE ATTACHED LITIGATION LETTER. Does Bidder have any record of criminal activities? (Yes or No) If Yes, please list. NO. Has Bidder declared bankruptcy within the past seven (7) years? (Yes or No) If Yes, when? NO. Does Bidder have any prior or pending litigation, either civil or criminal, involving a governmental agency, or which may affect the performance of the services to be rendered herein, in which the Bidder, any of its employees, or subcontractors is or has been involved in within the last five (5) years? (Yes or No) If Yes, please list. NO. SEE ATTACHED LITIGATION LETTER. Reference No. 1: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation, of has provided such services/goods in the past: RICKENBACKER MARINA Reference No. 1: Address, City, State, and Zip for above referenced company/agency listed: 3301 RICKENBACKER CAUSEWAY, MIAMI, FL 33149 Reference No. 1: Name of Contact Person, Telephone Number, and Email for above Reference No. 1: AABAD MELWANI, 305.361.1900, AM@RMIMARINA.COM Reference No.1 : Date of Contract or Sale for above Reference No. 1: VARIOUS Reference No. 2: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation, or has provided such services/goods in the past: ALIGNED BAYSHORE MARINA, LLC Reference No. 2: Address, City, State, and Zip for above referenced company/agency listed: 1450 BRICKELL AVE, SUITE 2180, MIAMI, FL 33131 Reference No. 2: Name of Contact Person, Telephone Number, and Email for above Reference No. 2: JOSE HEVIA, 305.858.9895, JHEVIA@ALIGNEDREH.COM Reference No. 2: Date of Contract or Sale for above Reference No. 2: OCTOBER 2017-JANUARY 2019 Reference No. 3: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation or has provided such services/goods in the past: SUNSET HARBOUR MARINA Reference No 3: Address, City, -State, and Zip -for- above-referenced-company/agency-listed: 1928 SUNSET HARBOUR DR., MIAMI BEACH, FL 33139 Reference No. 3: Name of Contact Person, Telephone number, and Email for above Referenced No. 3: DANIEL PRIETO, 305.398.4969, DPRIETO@SUNSETHARBOURYC.COM Reference No. 3: Date of Contract or Sale for above Referenced No. 3: ONGOING Invitation for Bid (IFS) 2017390 Table of Contents T-erms and Conditions- 1. General Conditions I.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 2. Special Conditions 2.1. PURPOSE 2.2. PRE -BID CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. METHOD OF AWARD 2.6. CONDITIONS FOR RENEWAL 2.7. METHOD OF PAYMENT 2.8. BIDDER'S MINIMUM QUALIFICATIONS 2.9. REFERENCES 2.10. INSURANCE REQUIREMENTS 2.11. CURES 2.12. SUBMISSION AND RECEIPT OF BIDS 2.13. GROUP I -FEDERALLY FUNDED PROJECTS (a) INTRODUCTION (b) CITY OF MIAMI LIVING WAGE (c) LOCAL PREFERENCE (d) COMPLIANCE WITH DAVIS-BACON ACT (e) COMPLIANCE WITH THE COPELAND "ANTI -KICKBACK" ACT (f) COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS (g) EQUAL EMPLOYMENT OPPORTUNITY (h) CLEAN AIR ACT (i) FEDERAL WATER POLLUTION CONTROL ACT (j) NO OBLIGATION BY FEDERAL GOVERNMENT (k) PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (1) BYRD ANTI -LOBBYING AMENDMENT, 31. U.S.C. § 1352 (AS AMENDED) (m) PROCUREMENT OF RECOVERED MATERIALS (n) DHS. SEAL, LOGO, AND FLAGS (o) COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS (p) ACCESS TO RECORDS (q) SUSPENSION AND DEBARMENT (r) PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES (s) DOMESTIC PREFERENCE FOR PROCUREMENTS (t) AFFIRMATIVE SOCIOECONOMIC STEPS (u) LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS (v) RIGHTS TO INVENTIONS MADE UNDER CONTRACT 2.14. GROUP II —NON -FEDERALLY FUNDED PROJECTS (a) INTRODUCTION (b) LOCAL OFFICE PREFERENCE (c) LIVING WAGE ORDINANCE Invitation for Bid (IFB) 2017390 2.15. 1'IE BIDS 2.16. NON -APPROPRIATION OF FUNDS 2.17. PROJECT MANAGER 2.18. WARRANTY, FITNESS -FOR -PURPOSE 2.19. COMPLETED WORK 2.20. QUALITY OF WORK 2.21. SUPERVISION 2.22. EMERGENCY SERVICE CALL CHARGE 2.23. HOURLY LABOR RATES FOR MISCELLANEOUS SERVICES 2.24. WORKMANSHIP AND MATERIALS 2.25. DAMAGES TO PUBLIC/PRIVATE PROPERTY 2.26. SAFETY MEASURES 2.27. PUBLIC SAFETY 2.28. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS 2.29. ADDITION/DELETION OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS 2.30. FAILURE TO PERFORM 2.31. LIQUIDATED DAMAGES 2.32. USE OF PREMISES 2.33. ANTITRUST VIOLATOR VENDORS 2.34. ANTI -HUMAN TRAFFICKING 2.35. PUBLIC ENTITY CRIMES 2.36. E-VERIFY EMPLOYMENT VERIFICATION 2.37. PRIMARY CLIENT (FIRST PRIORITY) 2.38. TERMINATION 2.39. ADDITIONAL TERMS AND CONDITIONS 2.40. PARTS AT PASS THROUGH COST 2.41. BID BOND 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Invitation for Bid (IFB) 2017390 IMPORTANT NOTIC L TO BIDDERS • FAILURE -TO -UPLOAD -THE -FOLLOWING DOCUMENTS WILL RENDER YOUR BID NON- RESPONSIVE: 1. CERTIFICATION STATEMENT 2. CERTIFICATION SECTION; 3. ATTACHMENT B-BID PRICE SHEET; 4. ATTACHMENT C-ANTI-HUMAN TRAFFICKING AFFIDAVIT (MUST BE NOTARIZED); AND 5. ATTACHMENT D-CERTIFICATION REGARDING LOBBYING FORM. • ALL UPLOADS SHALL BE IN THE PDF FILE FORMAT. NO OTHER FILE FORMAT WILL BE ACCEPTED BY THE CITY. • ATTACHMENT FILES SHALL BE NO MORE THAN 500MB IN SIZE EACH. SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED, SPLIT IN MULTIPLE FILES. • FOR BIDNET DIRECT TECHNICAL DIFFICULTIES AND/OR ISSUES, PLEASE CONTACT THE VENDOR SUPPORT TOLL -FREE NUMBER AT 800-835-4603, OR EMAIL BIDNET DIRECT AT SUPPORT a,BIDNET.COM. Terms and Conditions 1. General Conditions Invitation for Bid (IFB) 2017390 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 1. GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) - References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-73 of the City Code. References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code. Intent: The General Terms and Conditions described herein apply to the acquisition of goods/ services with an estimated aggregate cost of $25,000.00 or more. Definition: A Formal Solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami (City) Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall remain the property of the Bidder until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order. 1.3. ACCEPTANCE/REJECTION - The City reserves the right to accept, reject any or all, or portion of responses after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the Formal Solicitation. Invitation for Bid (IFB) 2017390 1.4. ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries-from-prosppeetive-Bidders-will be -provided -in the -form -of an -Addendum. Addendum are attached in the Items & Document Section of BidNet Direct. 1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the City. 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the City's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees through and including, appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and retain any and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure to, or refusal to comply with this condition, shall result in the nnmediate cancellation of this Contract by the City. The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorporated by reference herein. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - A n y governmental, not -for -profit, or quasi -governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi -governmental entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Bidder/Contractor. Invitation for Bid (IFB) 2017390 1.10. AWARD OF CONTRACT - A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contract, unless modified in accordance with any ensuing Contract, or amendment. B. The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of Procurement or designee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this Contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Specifications/Scope of Work. Bidder may be found non -responsive if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder is found non -responsive, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements. H. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful Bidder. These documents may either be, a Purchase Order, Notice of Award, and/or Contract Award Sheet. E. The City reserves the right to automatically extend this Contract for up to one hundred eighty (180) calendar days beyond the stated Contract term, in order to provide City departments with continual service and supplies while a new Contract is being solicited, evaluated, and/or awarded. If the right to extend is exercised, the City shall notify the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred eighty (180) day extension may occur, if, the City and the Successful Bidder/Contractor are in mutual agreement of such extensions. F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the Contract on a split -order, lump sum, individual -item basis, or such method of award in the best interest of the City, unless otherwise specified. H. A Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the minimum qualification requirements reflected herein. Invitation for Bid (IFB) 2017390 1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact .banking business_in_Elorida,_or aBidB.ond/Bid_Snourity_signed by._a_surety_comp_any that_is_licensed.to do business in the State of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if so indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract, as bid, if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's acceptance of award. if one hundred eighty (180) days have passed after the date of the Formal Solicitation closing date, and no Contract has been awarded, all bid deposits will be returned on demand. 1.12. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained which cannot be determined at the time of award. Award may then be made to the next lowest responsive and responsible Bidder, or all Bid responses may be rejected. 1.13. BID RESPONSE FORM - All required forms in the Formal Solicitation should be completed, signed, and submitted accordingly through the Bidnet Direct Electronic Portal, ("BidNet"). 1.14. BRAND NAMES - If, and wherever in the specifications, brand names, makes, models, names of any manufacturer, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade, or quality of goods only. When the City does not desire to rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole judge of equality, and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the proposed brand is other than specified by the City. Such samples are to be furnished after Formal Solicitation opening/closing, upon request of the City. If samples are requested by the City, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. Invitation for Bid (IFB) 2017390 When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or _ nodelnunaber, thatnanied item is_the_only item thatwill. be accepted by the City in that particular instance. 1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation, before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditure that the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful Bidder/Contractor. If Successful Bidder/Contractor has been unable to recoup its capital expenditure during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder, any subcontractor, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction, or other legal or equitable proceedings, or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION - Bidder, by submitting a response, certifies that its response is made without previous understanding, agreement, or connection either with any person, firm, or corporation submitting a Bid for the same goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies that its response is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred, and the City reserves the right to reject any and all Bids where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor understands that contracts between private entities and local governments are subject to certain laws, codes, and regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes, regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental agency and/or owner of intellectual property rights as that may in any way affect the goods or services offered, including, but not limited to: A. Executive Order 1I246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. Invitation for Bid (IFB) 2017390 C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance, City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.70 to 218.79, the Prompt Payment Act. Lack of knowledge by the Successful Bidder/Contractor will in no way be a cause for relief from responsibility. Non-compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may be considered grounds for termination of Contract at the option of the City Manager. Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each Formal Solicitation once advertised and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal Solicitations for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding Formal Solicitations between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs. The provision does not apply to, among other communications: oral communications with the City Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the Formal Solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -bid conferences, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by Invitation for Bid (IFB) 20I7390 email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable Formal Solicitation documents; or communications in connection with the collection of industry comments or the performance of markef resear regarding a iraiticular Formal - Solicitation by City Procurement staff. Bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the City Clerk's Office, which shall be made available to any person upon request. Written communications may be in the form of an e-mail, or fax with a copy to the City Clerk's Office being required. In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any award voidable. A violation by a particular Bidder, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Miami Dade County Commission on Ethics. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk's Office at 305-250-5360 or clerks@miamigov.com, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in the Sunshine (public Meetings) Act and Public Records Act. If this Contract contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST - Bidders, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in Bidder's firm. A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or others. Bidder may not disclose or use information not available to members of the general public and gained by reason of his/her position, except for information relating exclusively to governmental practices, for his/her personal, or benefit, or for the personal gain, or benefit of any other person, or business entity. Invitation for Bid (IFB) 2017390 B. Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any -person,-.or-agency-acting for the_City,-and-has-natappeared in representation -of - any _third party before_ any board, Commission, or agency ofthe City within the past two years. Bidder further warrants that he/she is not related, specifically the spouse, son, daughter, parent, brother, or sister, to: (i) any member of the Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder to immediate termination of any contract with the City, and imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this Formal Solicitation, and Bidders agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER - All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith shall be borne by the Bidder. 1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of riot fewer than three (3) years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of City Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar/suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission. B. Causes for debarment/suspension. Causes for debarment or suspension include the following: 1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. 2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. 3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. Invitation for Bid (IFS) 2017390 4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be -indicative of non -responsibility- Such-rciolation- may .include .failure_ without_good .cause to_perform in. accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment/suspension. 5) Debarment/suspension of the Contractual Party by any federal, state or other governmental entity. 6) False certification pursuant to paragraph C below. 7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. 8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. 9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. C. Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). D. Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a public entity; may not submit a Response to a solicitation with a public entity for the construction or repair of a public building or public work; may not submit response on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM -The City shall be the sole judge of nonperformance, which shall include any failure on the part of the Successful Bidder/Contractor to accept the award, to furnish required documents, and/or to fulfill any portion of this Contract within the time stipulated. Upon default by the Successful Bidder/Contractor to meet any terms of a Contract, the City will notify the Successful Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days (weekends and holidays excluded) upon notification, by the City, to remedy the default. Failure by the Invitation for Bid (IFB) 2017390 Successful Bidder/Contractor to correct the default within the required three (3) days, shall result in the Contract being terminated upon the City notifying. in writing. the. Successful _Bidder/Contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract, and/or within the time required, or failing to use the subcontractors, entities, and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful Bidder/Contractor incapable of performing the work in accordance with, and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default, or a default incurred beyond the time Inuits stated, together with the cost of completing the work, shall be deducted from any monies due, or which may become due on this Contract to the Successful Bidder/Contractor. 1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY Each Bid will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A.Responsive Bid is one which follows the requirements of the Formal Solicitation, includes all documentation, is submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Bid non -responsive. B. Determination of Responsibility. A Responsible Bidder shall mean a Bidder who has submitted a Bid and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. Invitation for Bid (IFB) 2017390 1) Bids will only be considered from any person or firm who are regularly engaged in the business of providing .the -good(s)/service(s).requiredby the_Formal So.licitation..Bidder must_be..abl.e. to._demonstrate.a__ satisfactory record of perfonnance and integrity, and have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. 2) The City may consider any information available regarding the fmancial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City or any other governmental entity, in making the award. 3) The City may require the Bidder(s) to provide documentation that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts, off the original prices quoted in the Response, will be accepted from Successful Bidder/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to Successful Bidder/Contractor will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department. Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (Contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence. Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the following documents, the first of such Iist being the governing documents. 1) Addenda (if applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. Invitation for Bid (IFB) 2017390 1.32. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal -Solicitation, including any -addenda, Bidders -Response and any -written agreement -entered into by the City of Miami and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any, made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the City and Successful Bidder/Contractor. 1.33. ESTIMATED QUAN1ITIES - Estimated quantities or dollars are provided for the Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the City may use these estimates to detennine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government, quasi -government or non-profit entities utilizing this Contract. No guarantee is expressed or implied as to quantities that will be purchased during the Contract period. The City is not obligated to place an order for any given amount subsequent to the award of the Contract. Said estimates may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES - A. Rejection of Bids. The City may reject a Bid for any of the following reasons: 1) Bidder fails to acknowledge receipt of addenda; 2) Bidder misstates or conceals any material fact in the Bid; 3) Bid does not conform to the requirements of the Formal Solicitation; 4) Bid requires a conditional award that conflicts with the method of award; 5) Bid does not include required samples, certificates, licenses; and, 6) Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re -advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City. B. Elimination from Consideration. 1) A Bid Contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A Bid Contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or failed to deliver on time, under contracts of a similar nature. 3) A Bid contract may not be awarded to any person or firm who has been debarred by the City, in accordance with the City's Debarment and Suspension Ordinance (Section 18-107), or is currently debarred by the State of Florida or any political subdivision, or is on the convicted vendor's list per Section 287.133, Florida Statutes. Invitation for Bid (IFB) 2017390 1.35. EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -- Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions to the General Terms and/or Special Conditions shall be cause for a Bid to be considered non- responsive. 1.36. Freight on Board (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid. 1.37. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance, or resulting purchase orders, or Bid Contracts. 1.38. FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves the right to request and the Successful Bidder/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017, by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code. and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. Please see provisions in Attachment A. Invitation for Bid (IFB) 2017390 If a solicitation requires services effective on January 1, 2017, Contractors must pay to all its employees, -who-provide-services-; a living -wage of no less --than $1S,QQ per- hour- without-healthbenefits,-or-a_wage- of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of the Bid Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any way, the expressed terms and conditions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm, or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI), and/or Protected Health Information (PHI), shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami Privacy Standards. HIPAA mandates for privacy, security, and electronic transfer standards, which include, but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that IIHI/PHI wiII be held confidential; E. Making PHI available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and Invitation for Bid (IFS) 2017390 H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI -shall -maintain its protected -status -regardless -of the -form -and met -hod -of transmission (i.e., paper records, and/or electronic transfer of data). The Successful Bidder/Contractor must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION -Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this Contract. The Successful Bidder/Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder/Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder/Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract. Invitation for Bid (IFB) 2017390 Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder/Contractor. 1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS) as required, covering the products offered. Reference to literature submitted with a previous bid, or on file with the City, will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful Bidder's/Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Successful Bidder/Contractor, under the Bid Contract conform to the terms and conditions of the Formal Solicitation. Successful Bidder/Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-101) City Code, as same may be amended or supplemented, from time to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45. INSPECTION OF BID - Bids 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 results will be tabulated and may be furnished upon request, via fax or e-mail, to the City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's website following a recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder/Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Successful Bidder/Contractor fails to submit the required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days after receipt of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305- 416-1384. Invitation for Bid (IFS) 2017390 The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in -conjunction with -thins Section -remain -in -effect -for the -duration of the -contractual --period; including any_ renewals and extensions that may be exercised by the City. 1.47. INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order number and description of goods and/or services delivered (i.e., quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non - local Bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award shall be made to the local Bidder." 1,49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder/Contractor shall bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable, shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as applicable. 1.51. MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly -situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local government. 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other appropriate testing laboratories as determined by the City. The data derived from any test for compliance with specifications is public record, and open to examination thereto in accordance with Invitation for Bid (IFB) 2017390 Chapter 119, Florida Statutes. Items delivered, not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's expense. The non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or Purchase Order, may result in SuccessfuI Bidder/Contractor being found in default, in which event, any and all re -procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above stipulations may also result in the Successful Bidder/Contractor being removed from the City's supplier's list. 1.54. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT — Successful Bidder/Proposer/Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Successful Bidder/Proposer/Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Successful Bidder/Proposer/Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Successful Bidder/Proposer/Contractor affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under the Formal Solicitation. Furthermore, Successful Bidder/Proposer/Contractor affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Successful Bidder/Proposer/Contractor shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve in the City's best interest, the City reserves the right to advertise for, receive, and award additional contracts for the goods and/or services described herein, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance with the applicable provisions of the City of Miami Procurement Ordinance. It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the Successful Bidder(s)/Contractor(s) to receive all orders that may be generated by the City, in conjunction with the Formal Solicitation. In addition, any and all goods, and/or services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under the Formal Solicitation, unless such purchases are determined to be in the best interest of the City. Invitation for Bid (IFB) 2017390 1.56. NOTICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum-quali-fications and -submission -requirements of -Request for - Qualifications (RFQ), Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINLMTM%I QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer understands that non -responsive Bids will not be evaluated. 1.57. OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any person, firm, corporation, or joint venture, with a business location within the City's municipal boundaries and is submitting a Bid under the Formal Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt must be submitted with the Bid; however, the City may, in its sole discretion, and in its best interest, allow the Bidder to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but prior to award. A Certificate of Use ("CU") will be required if applicable under City regulations. 1.58. ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation. 1.59.OWNERSHIP OF DOCUMENTS - It is understood by and between the parties, that any documents, records, files, or any other matter whatsoever, which is given by the City to the Successful Bidder/Contractor, pursuant to the Formal Solicitation shall at all times remain the property of the City, and shall not be used by the Successful Bidder/Contractor for any other purposes whatsoever, without the written consent of the City. 1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any extent be held invalid, then the remainder of the Bid Contract or, the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law. Invitation for Bid (IFB) 20I7390 1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a-Performance/Payment Bond -as -part o- f-the-requirements of -the -Bid Contract, Contract, in -an amount •equal --to one - hundred percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law and be in a form acceptable to the City of Miami Risk Management Director. 1.62. PREPARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print type or manually enter the name all requested information, sign and upload the Certification Statement. B. If so required, the unit price for each unit offered, shall be shown, and such price shall include packaging, handling and shipping, and F.Q.B. Miami delivery inside City premises, unless otherwise specified. Bidder shall include in their Bid all taxes, insurance, social security (if applicable), workmen's compensation, and any other benefits normally paid by the Bidder to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will prevail. C. The Bidder must state a definite time, if required, in calendar days, for delivery of goods and/or services. D. The Bidder should retain a copy of all response documents for future reference. E. All Bids, as described, must be fully completed and typed, or printed in ink and must be signed in ink with the Bidder's name, and by an officer or employee having authority to represent the Bidder by their signature. Bids having any erasures or corrections, must be initialed in ink by person signing the Bid or the Bid may be rejected. F. Bids shall remain valid for at least 180 days. Upon award ofa Bid Contract, the content of the Successful Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion. G. The City 's Bid Forms shall be used when Bidder is submitting its Bid. Use of any other forms will result in the rejection of the Bid. 1.63. PRICE ADJUSTMENTS - Any price decrease effectuated during the Bid Contract period, either by reason of market change, or on the part of the Successful Bidder/Contractor to other customers shall be passed on to the City. Invitation for Bid (IFB) 2017390 1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes- unavailable -during the term of the Bid-Centraet; the-Successful-Bidder/Contractor-awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery, and that the new product meets or exceeds all quality requirements. 1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Successful Bidder/Contractor represents and warrants to the City, that it has not employed, or retained any person, or company employed by the City to solicit or secure the Bid Contract and that the Successful Bidder/Contractor has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon, or in connection with, the award of the Bid Contract. 1.66. PROMPT PAYMENT - Bidders may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent (2%), 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidder(s) during the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable. 1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total Ioss, the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current market value, less depreciation of the property, if any. 1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resultant Bid Contract, all covenants, conditions and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns. Invitation for Bid (IFB) 2017390 1.69. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list, following a canviction-for-a public entity crime may not: A. Submit a Bid to provide any goods or services to a public entity. B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work. C. Submit responses on leases of real property to a public entity. D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.70. PUBLIC RECORDS - Successful Bidder/Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City Code, Section 18, Article I1I, and agrees to allow access by the City and the public, to all documents subject to disclosure under applicable law. Successful Bidder/Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. Invitation for Bid (IFB) 2017390 E. All electronically stored public records must be provided to the City in a format compatible with the City's informationtechnology systems. IF THE CONSULTANT FIAT QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDSAMIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE. 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF NI IAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. Successful Bidder/Contractor's failure or refusal to comply with the provision of this Section shall result in the immediate cancellation of the Bid Contract by the City. 1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the manufacturing, or construction of supplies, or materials, covered by the Formal Solicitation shall be new. The items bid shall be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in the Formal Solicitation. 1.72. QUALITY OF WORK/SERVICES - The work/services performed shall be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality, except as otherwise specified in the Formal Solicitation. 1.73. REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid award shall be cancelled and all bids rejected by the City Commission, the City Manager, or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74. RESOLUTION OF CONTRACT DISPUTES (SECTION 18-105): A.Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall have the authority to resolve disputes between the Successful Bidder/Contractor and the City which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. B.Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such patty's right to seek judicial relief, provided that the Invitation for Bid (IFB) 2017390 protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104): (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing. (1) Protest of solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. (2) Protest of award. a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the proposer of the notice of the city manager's recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the bidder of the notice of the city's determination of non -responsiveness or non -responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer. Invitation for Bid (IFB) 2017390 c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days affer the date tfie notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b)Authority to resolve protests; hearing officer(s). Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (I) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis. Invitation for Bid (IFB) 2017390 (2) Right of protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearingprocedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Invitation for Bid (IFB) 2017390 Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a fmaI order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. The decisions of the hearing officer are final in terms of city decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. (c)Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section. (d)Stay of procurements during protests Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection (b) above, unless the city manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (t)Filing fee. Invitation for Bid (IFB) 2017390 The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the chief procurement officer and/or the city commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. (Ord. No. I2271, § 2, 8-22-02; Ord. No. 13629, § 2, 9-8-16) 1.76. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, Bidder(s) will be notified by the City to remove such samples, at Bidder's expense, within 30 days after notification. Failure to remove the samples will result in such samples becoming the property of the City. 1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Successful Bidder/Contractor shall not sell, assign, transfer, or subcontract at any time during the term of the Contract, the Contract itself, or any portion thereof, or any part of its operations, or assign, sell, pledge, dispose, convey, or encumber any portion of the performance required by this Bid Contract, except under, and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.78. SERVICE AND WARRANTY - When specified, the Bidder shall define all warranty, service, and replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder's response. 1.79. SILENCE OF SPECIFICATIONS - The apparent silence of the scope of work/specifications, and any supplemental scope of work/specification as to any detail or the omission from it, of detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials of first quality and correct type, size, and design shall be used. All workmanship and services shall be first quality. All interpretations of the scope of work/specifications shall be made upon the basis of this statement. If Bidder has a current contract with the State of Florida, Department of General Services, to supply the items in the Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of the Bid. Invitation for Bid (IFB) 2017390 1.80. SUBMISSION AND RECEIPT OF BIDS - Electronic Bid submittals to this IFB are to be submitted through BrdNet Dire-ct Electronic Bidding -System (-"BidNet")- until the date and time as indicated in the Solicitation. The responsibility for submitting a Bid on/or before the stated closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Bids received and time stamped through BidNet, prior to the Bid submittal deadline, shall be accepted as a timely submittal and anything thereafter will be rejected. Additionally, BidNet will not allow for the electronic Bid submittal after the closing date and time has lapsed. Bids will be opened promptly at the time and date specified. All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith, shall be borne by the Bidder(s). Accordingly, Bidder(s): 1. Must register, free of charge, with BidNet Electronic Bidding System ("BidNet") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via BidNet. The use of any other forms and/or the modification of City forms will result in the rejection of the Bidder's Bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply with these requirements may cause the Bid to be rejected. 5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE BID NON -RESPONSIVE. 6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation. 1.81. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders should be aware that all materials and supplies that are purchased by the Bidder for the completion of the Bid Contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended, and all amendments thereto, and shall be paid solely by the Bidder. 1.82. TERMINATION - The City Manager, on behalf of the City, reserves the right to terminate the Bid Contract by written notice to the Successful Bidder/Contractor effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder/Contractor is determined by the City, to be in breach of any of the terms and conditions of the Bid Contract. Invitation for Bid (IFB) 2017390 B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid -Contract for -its -own -convenience; C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been received, inspected, and found to comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be made after delivery, within forty-five (45) days of receipt of an invoice, and authorized inspection and acceptance of the goods/services, and pursuant to Section 218.74, Florida Statutes, and other applicable law. 1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of the Formal Solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless otherwise specified in the Special Conditions. 1.85. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods or used the goods, whichever comes first. 1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids submitted to the City are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Bid contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119, must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with Bidder's name, the Formal Solicitation number, and title marked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and hold harmless the City for any award to a plaintiff for damages, costs, or attomey's fees and for costs and attorney's fees, incurred by the City, by reason of any legal action challenging Bidder's claim. 1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful Bidder's/Contractor's employee(s) not otherwise previously authorized. 1.88. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion, or other publicity materials containing information obtained from the Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from the City Manager, or the City Commission. Invitation for Bid (IFB) 2017390 1.89. VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Biddez(s) must indicate any variances frori the Formal -Solicitation scope-of-work/specifications and/or - conditions, no matter how slight. If variations, are not stated on their Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of worklspecif cations. 2.Special Conditions Invitation for Bid (IFB) 2017390 2.1. PURPOSE The purpose of this Solicitation is to establish a contract for repair services for the Mooring System off Dinner Key Marina and Watson Island, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2. PRE -BID CONFERENCE A Virtual Voluntary pre -bid conference will be held on Wednesday, April 23, 2025 at 10:00 A.M. via Teams Join the meeting now or via phone +1 786-598-2961, ID: 947 521 212# . A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Bid, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the IFB will be included in an addendum, that will be distributed through Bidnet Direct, following the Pre -Bid Conference to all the attendees. Because the City considers the Pre -Bid Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the BidNet Direct Portal. All questions must be received no later than Friday, May 2, 2025 at 5:00 P.M. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the option to renew for two (2) additional two (2) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative, not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. METHOD OF AWARD Award of this Contract will be made to the lowest responsive and responsible Bidder who bids on all line items as specified herein on a Group basis: Group I: Federally Funded Projects and Group II: Non - Federally Funded Projects. Bidders can bid on one group or both. 2.6. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (I) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds Invitation for Bid (1FB) 2017390 2.7. METHOD OF PAYMENT Full payment will be ru de upon -receipt and -acceptance ofacomplcteunit. No down partial payments will be made. 2.8. BIDDER'S MINIMUM QUALIFICATIONS Bids will only be considered from firms that are regularly engaged in the business of providing continuous services as described in this Bid. The Bidder(s) shall: 1. Have a minimum of three (3) consecutive years providing said services with the same Federal Employee Identification Number (FEIN); 2. Submit signed Certification Statement and Certifications Section; 3. Submit Attachment B-Bid Price Sheet; 4. Sign, notarize, and upload Attachment C-Anti-Human Trafficking Affidavit; 5. Submit signed Attachment D — Certification Regarding Lobbying form; 6. Submit three (3) references, as listed in the Certifications Section, evidencing the minimum three (3) consecutive years' experience in the services herein; 7. Have sufficient financial support, and equipment to ensure that they can satisfactorily provide the goods and/or services if awarded a contract compliant with the terms and conditions herein; 8. Have never filed for bankruptcy, be in sound financial condition, have no record of civil litigation or pending lawsuits involving criminal activities or a moral turpitude, and shall not have conflicts of interest with the City; and 9. Not have any member, principal, officer, or stockholder who is in arrears or in default of any debt or contract involving the City, is a defaulter or surety upon any obligation to the City, and/or has failed to perform faithfully any contract with the City. Failure to submit signed Certification Statement, Certifications Section with references, Attachment B-Bid Price Sheet, Attachment C-Anti-Human Trafficking Affidavit, and Attachment D — Certification Regarding Lobbying form, with your bid submittal, shall render your bid non- responsive. 2.9. REFERENCES Each bid must be accompanied by three (3) references as reflected hi the Certifications Section. which shall include the name of the name of the company, dates of contract, a contact person, the telephone number, and email. The Bidder may only use one (1) department as a reference from each entity. This is reflected in the Certifications Section of this Solicitation. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.10. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder(s) shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attomey's fees, to the extent caused by the negligence, Invitation for Bid (IFB) 2017390 recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder(s) and persons.. employed -or.utilized by -Successful Bidder(s) in thc-per-formance-of.this-Contract Successful Bidder(s) shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder(s) shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder(s) to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder(s), or persons employed or utilized by Successful Bidder(s). These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder(s) shall require all subcontractor agreements to include a provision that each sub- contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder(s) agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder(s) in which the City participated either through review or concurrence of the Successful Bidder(s)'s actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s) or sub -contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder(s). Refer to the Insurance Addendum for insurance definitions, requirements, and conditions. The Successful Bidder(s) shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Worker's Compensation • A. Limits of Liability Statutory - State of Florida Waiver of Subrogation Invitation for Bid (IFB) 2017390 USL&H Endorsement Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy Iimit (2) Marine General Liability: A. Limits of Liability Bodily Injury and Property Damage Liability — Each Occurrence: $1,000,000 General Aggregate Limit: $2,000,000 Products and Completed Operations: $1,000,000 Personal and Advertising Injury: $1,000,000 B. Endorsements Required: City of Miami included as an Additional insured Contingent and Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement (3) Automobile Liability (Owned, Hired and Non -Owned Autos) Each Accident- $1,000,000 B. Endorsements Required: City of Miami included as an Additional Insured (4) Protection and Indemnity Liability A. Limits of Liability Each Occurrence City of Miami as an additional insured Jones Act Included $1,000,000 Invitation for Bid (1FB) 2017390 (5) Umbrella Liability -Bodily-Injury-and-Property-Damage-Liability Each Occurrence $2,000,000 Aggregate $2,000,000 City of Miami listed as additional insured. Coverage is excess over the general liability and auto policies (6) Hull and Machinery/Mobile Equipmentper declared value (7) Pollution Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Mianu listed as additional insured The above policies shall provide the City of Miami with written notice of cancellation in accordance with policy provisions. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful Bidder(s). All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Bidders) of their liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Successful Bidder(s) shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the Contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. (2) The City may, at its sole discretion, terminate this Contract for cause and seek re -procurement damages from the Successful Bidder(s) in conjunction with the General and Special Terms and Conditions of the Bid. Invitation for Bid (IFB) 2017390 The Successful Bidder(s) shall be responsible for assuring that the insurance certificates required in conjunction with -this -Section remain in-foree-forthe duration ofthe-contractual-period;-including-any and all option terms that may be granted to the Successful Bidder(s). The City reserves the right to request copies of all insurance policies associated with this agreement, including any, and all applicable policy endorsements. 2.11. CURES Please refer to Section 1.56 Notice Regarding "Cures" of the General Terms and Conditions of this solicitation. 2.12. SUBMISSION AND RECEIPT OF BIDS Please refer to Section 1.80, Submission and Receipt of Bids of the General Terms and Conditions of this solicitation. 2.13. GROUP I — FEDERALLY FUNDED PROJECTS (a) INTRODUCTION This section applies to all projects funded with Federal Dollars. (b) CITY OF MIAMI LIVING WAGE ORDINANCE Living Wage Ordinance as stated in Section 1.38, Florida Minimum Wage and City of Miami Living Wage Ordinance does not apply to this section. (c) LOCAL OFFICE PREFERENCE Local Office Preference in Section 1.48 of the General Terms and Conditions of this IFB does not apply to this Section. (d) COMPLIANCE WITH THE DAVIS-BACON ACT 1. All transactions regarding this contract shall be done in compliance with the Davis -Bacon Act (40 U.S.C. 3141 3144, and 3146 — 3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractors shall comply with 40 U.S.C. 3141 —3144, and 3146 — 3148 and the requirements of 29 C.F.R. pt. 5 as applicable. 2. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. 3. Additionally, contractors are required to pay wages not less than once a week. (e) COMPLIANCE WITH THE COPELAND "ANTI -KICKBACK" ACT 1. The contractor shall comply with 18 U.S.C. § 3145, and the requirements of 29 G.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2. The contractor or subcontractor shall insert in any subcontractors the clause above and such other clauses as the FEMA may be appropriate instructions required, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. Invitation for Bid (IFS) 2017390 3. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as -a -contractor -and subcontractoras provided in 79.C.E.R. ..5,12. (1) COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS 1. Overtime Requirements: No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 2. Violation: liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (1) of this section, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 4. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (1) through (4) of this section. (g) EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: 1. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause Invitation for Bid (IFS) 2017390 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the .Contractor, state. that .allqualified.applicants._will_ree_ceive_considcrations_for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer or is consistent with the contractor's legal duty to furnish information. 4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice inconspicuous places available to employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary ofLabor. 6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Invitation for Bid (1FB) 2017390 The City of Miami further agrees that it will be bound by the above equal opportunity clause with respect to_. its own employ_ment.practices when it_participates in federally_ assisted construction work; Provided, that the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of the City which does not participate in work on or under the contract. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon (h) CLEAN AIR ACT 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (i) FEDERAL WATER POLLUTION CONTROL ACT 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (j) NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. (k) PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's action pertaining this contract. Invitation for Bid (IFB) 2017390 (1) BYRD ANTI -LOBBYING AMENDMENT, 31. U.S.C. § 1352 (AS AMENDED) Bidders who -bid -for an-award-of-$100;000-or-snore-shall-file-the required certification, Baehtier-certifies- to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer, or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that take place in connection with obtaining any Federal award. Such disclosures are forwarded form tier to tier to the recipient. (m) PROCUREMENT OF RECOVERED MATERIALS 1. In the performance of this contract, the contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance schedule; e. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designated items, is available at EPS's Comprehensive Procurement Guidelines web site, https ://www. epa. gov/smm/comprehensive-procurement-guideline-cpg-program. 3. The contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. (n) DHS. SEAL, LOGO, AND FLAGS The contractor does not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. (o) COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. (p) ACCESS TO RECORDS 1. The contractor agrees to provide the City of Miami, (Project Manager), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2. The contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. The contractor agrees to provide the FEMA Administrator or their authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. Invitation for Bid (IFB) 2017390 (q) SUSPENSION AND DEBARMENT 1-. This -contract is -a covered-transaction5or the _purposes_of2..C.E.R. pt. .1_80_and_2_G.F.R._pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 2. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 G.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower -tier transaction it enters into. 3. This certification is a material representation of fact relied upon by City of Miami. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4. The contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. (r) PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OF SERVICES I. Funds are prohibited from being used to: a. Procure or obtain; b. Extend or renew a contract to procure or obtain; or c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component or any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. For the purposes of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence of the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 2. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administrating loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment services, and to ensure that communications service to users and customers is sustained. Invitation for Bid (IFB) 2017390 3. See Public Law 115-232, section 889, and 2 C.F.R. § 200.471 for additional information. (s) DOMESTIC PREFERENCE FOR PROCUREMENTS 1. This contract includes a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). a. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. b. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and Iumber. 2. If funds are for an infrastructure project the contract is subject to the terms and conditions of the Buy America Act preferences in 2. C.F.R. pt. 184. (t) AFFIRMATIVE SOCIOECONOMIC STEPS If subcontractors are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(I)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (u) LICENSE AND DELIVERY OR WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS The contractor grants to the City of Miami, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For date required by the contract but not first produced in the performance of this contract, the contractor will identify such data and grant to the City of Miami or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the contractor will deliver to the City of Miami data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City of Miami. (v) RIGHTS TO INVENTIONS MADE UNDER CONTRACT If the FEMA award meets the definition of"funding agreement"; under 37 C.F.R. 401.2(a) and the City entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement", the City must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. Invitation for Bid (IFB) 2017390 2.14. GROUP II — NON -FEDERALLY FUNDED PROJECTS (a) INTRODUCTION This section applies to all projects that are non -federally funded. (b) LOCAL OFFICE PREFERENCE Proposers/Bidders wishing to apply for the local office preference shall comply with the General Terms and Conditions, Section 1.48 Local Preference of this solicitation and with Section 18-73 of the City of Miami Procurement Code, titled "Definitions", and shall submit with the Proposal or Bid at the time of the Proposal/Bid due date the following: Completion and submission of the attached City of Miami Local Office Certification Form; Submission of a copy of the Proposer's/Bidder's lease documents at the location being deemed a City of Miami Local Office; • Submission of a City of Miami Business Tax Receipt; • Submission of a Miami Dade County Business Tax Receipt; and • Submission of a copy of the license, certificate of competency, and certificate of use that authorizes the performance of the Proposer/Bidder. (c) LIVING WAGE ORDINANCE Living wage ordinance applies for all non -federally funded projects as stated in Section 1.38 Florida Minimum Wage and City of Miami Living Wage Ordinance, Subsection B. City of Maami Living Wage Ordinance. THE FOLLOWING SPECIAL CONDITIONS ARE APPLICABLE TO BOTH GROUPS: GROUP I — FEDERALLY FUNDED PROJECTS AND GROUP II —NON-FEDERALLY FUNDED PROJECTS 2.15. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy ofthe statement specified in subsection (1). Invitation for Bid (IFS) 2017390 (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.16. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this Contract, then the City, upon written notice to the Successful Bidder of such occurrence, shall have the unqualified right to terminate the Contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.17. PROJECT MANAGER Upon award, Successful Bidder(s) shall report and work directly with Thomas Nesbitt, Marinas Manager Assistant or designee, who shall be designated the Project Manager for the City of Miami. 2.18. WARRANTY, FITNESS FOR PURPOSE The Successful Bidder warrants the materials supplied and the work performed under this Contract conform to warranty materials provided and work performed for one (1) year from date of completion. In addition, all other warranties that may be supplied by the Successful Bidder, the Successful Bidder shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirements shall remain in force for the fuII one (1) year period, regardless of whether the Successful Bidder is under Contract with the City at the time of any defect. Any payment by the City on behalf of the goods or services received from the Successful Bidder does not constitute a waiver of these warranty provisions. The Successful Bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5) calendar days after the City notifies the Successful Bidder or such deficiency in writing. If the Successful Bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified in the notice, the City may, at its discretion, notify the Successful Bidder, in writing, that the Successful Bidder may be debarred as a City Bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten (10) calendar days or receipt of this notice. If the Successful Bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the Bidder in default of its contract, and/or (b) procure the products or services from another vendor and charge the Successful Bidder for any additional costs that are incurred by the City for this work or items, either through a credit memorandum or through invoicing. Invitation for Bid (IFB) 2017390 2.19. COMPLETED WORK The City shall -be notified by -the Successful -Bidder -upon completion -of -work. T-he-City shall -inspect and approve completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Successful Bidder at no additional charge to the City. 2.20. QUALITY OF WORK All work shall be performed using superior maintenance standards and techniques. The frequencies established for repetitive maintenance tasks are minimum frequencies, which must be increased if deemed necessary and requested by the City. 2.21. SUPERVISION The Successful Bidder shall employ a competent supervisor, at no additional cost to the City, who shall be in charge of project and monitor the quality of the work and performance of the Successful Bidder's personnel during the progress of the project. The supervisor shall be the primary representative for the Successful Bidder and all communications given to and all decisions made by the supervisor shall be binding to the Successful Bidder. Notwithstanding, the supervisor shall be considered to be, at all times, an employee of the Successful Bidder under its sole direction and not an employee or agent of the City of Miami. 2.22. EMERGENCY SERVICE CALL CHARGE The Successful Bidder shall provide the Project Manager or designee, with aftcrhours emergency service call charge to cope with an emergency situation which threatens public health and safety, as determined by the City. The Successful Bidder shall be immediately available via a twenty-four (24) hour, seven (7) days a week phone service. It is expected that non-scheduled requests for services (emergency calls, etc.) shall be responded to within forty-eight (48) hours after being contacted by the Project Manager or designee. The Successful Bidder shall ensure that the Project Manager or designee has the telephone numbers of all employees assigned, or who would be called to the facility, and the designated employee shall be directed to respond to direct calls from the Project Manager or designee. The cost of after-hours emergency service call charge should include mobilization, vessel transportation (from the Successful Bidder's location to Dinner Key Marina and Mooring Facility), and any other indirect costs not associated with mooring inspections or miscellaneous work performed done by the hourly labor rate. Notes: 1. Any work that is scheduled in advance by the City with the Successful Bidder will not be eligible for this charge; and 2. Emergency response time will be forty-eight (48) hours or less. Invitation for Bid (IFB) 2017390 2.23. HOURLY LABOR RATES FOR MISCELLANEOUS SERVICES The hourly labor rates for miscellaneous services will be applied for any additional work outside of regularly scheduled inspections and/or additional services. The Successful Bidder shall provide hourly labor rate per person for miscellaneous services related to, but not otherwise covered in this solicitation. The miscellaneous services shall be performed on an as needed basis, scheduled weeks in advance and the emergency service call charge will not be applicable. Whenever the miscellaneous service hourly rate is utilized outside of regularly scheduled inspections or additional services requested, the Successful Bidder may charge for a full days' work (eight (8) hours) times the number of divers used. Hourly Labor Rates are as follows: Hourly Labor Rate I -Regular Hourly labor rate for miscellaneous services per person, 8:00 AM - 5:00 PM, Monday -Friday Hourly Labor Rate II- Overtone Hourly labor rate for miscellaneous services per person, Weekends and Holidays, 8:00 AM - 5:00 PM 2.24. WORKMANSHIP AND MATERIALS All parts installed and materials used in performance of this Contract shall be new and unused, of current design or manufacture. Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of the highest quality and shall conform to all applicable Building Codes, so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship. 2.25. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder(s), at their expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.26. SAFETY MEASURES Successful Bidder(s) shall take all necessary precautions for the safety of employees and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by their operation and work in progress must be posted. Successful Bidder(s) shall provide adequate barriers, flag person, traffic cones, signs and/or warning devices during the performance of the contract. All employees of Successful Bidder(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. Equipment remaining on site shall be locked Invitation for Bid (IFB) 2017390 and secure. All hand tools shall be removed daily from the site. Successful Bidder(s) shall be especially carefil when servicing propery when pedestrians-andfor-vehicles-are in closeproximity-= work -shall -cease until it is safe to proceed. Any damage to public or private property as the result of operations of the Successful Bidder(s), shall be the sole responsibility of the Successful Bidder(s) and shall be repaired by the Successful Bidder(s), their forces, or their selected personnel, within a reasonable length of time (not to exceed one month from the date damage was done), to the satisfaction of the Project Manager, or designee. 2.27. PUBLIC SAFETY The Successful Bidder(s) shall conduct their work so as to interfere as little as possible with private business or public travel. The Successful Bidder(s) shall, at their own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and the Successful Bidder(s) shall be liable for all damages occasioned in any way by their actions or neglect or that of its agents or employees. The Successful Bidder(s) shall meet the following noise abatement performance standards for all construction equipment: Between the hours of 7:00 A.M. and 10:00 P.M. noise levels shall not exceed 65 dBA at the nearest residential or commercial property line. Operation of equipment should be avoided between the hours of 10:00 P.M. and 7:00 A.M., but if required, the noise level shall not exceed 65 dBA. 2.28. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The Successful Bidder hereby acknowledges and agrees that all materials/products, except where recycled content is specifically requested, supplied by the Successful Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to the City by the Successful Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the order and return such materials/products to the Successful Bidder to replace the materials/products at the Successful Bidder's expense. 2.29. ADDITION/DELETION OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS Although this Solicitation identifies specific facilities/products/items/services/suppliers, it is hereby agreed and understood that any facility/product/item/service/supplier may be added/deleted to/from this Contract at the option of the City. When an additional facility/product/item/service to the Contract is required, the supplier shall be invited to submit price quotes for these new facilities/products/items/services. If these prices are not competitive or not carried, the City maintains the right to add additional suppliers to the Contract to carry those items required. If these quotes are comparable with market prices offered for similar facilities/products/items/services, they shall be added to the Contract, whichever is in the best interest of the City, and an amendment and a separate purchase order shall be issued by the City. Invitation for Bid (IFS) 2017390 2.30. FAILURE TO PERFORM Should -it-not be -possible to -reach -the Successful-Bidder(s)-or-authorized-representatives) and/or should remedial action not be taken within twenty-four (24) hours on any failure to perform, the City reserves the right to declare Successful Bidder(s) in default of the contract or make appropriate reductions in the contract payment or terminate the contract for cause. 2.31. LIQUIDATED DAMAGES Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated shall result in liquidated damages being assessed. The Successful Bidder shall be subject to an assessment of liquidated damages in the amount of $100.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of the contract), as compensation due to the City for loss of use and for additional costs incurred by the City due to such noncompletion of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder under this agreement or to invoice the Successful Bidder for such damages if the costs incurred exceed the amount due to the Successful Bidder. 2.32. USE OF PREMISES The Successful Bidder shall confine their equipment, apparatus, the storage of materials, and the operation of their workmen to the limits indicated by law, ordinances, permits, or direction of the Project Manager or designee, and shall not unreasonably encumber the premises with their materials. The Successful Bidder shall take all measures necessary to protect their own materials. 2.33. ANTITRUST VIOLATOR VENDORS A person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 2.34. ANTI -HUMAN TRAFFICKING The Bidder confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Bidder shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as "Anti -Human Trafficking Affidavit". If the Successful Bidder fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Successful Bidder for any additional compensation or for any consequential or incidental damages. Please refer to Item & Documents Section of BidNet for Attachment C - Anti -Human Trafficking Affidavit. It is MANDATORY for the Bidders to return this form signed along with their bid. Failure Invitation for Bid (IFB) 2017390 to complete, sign and upload Attachment C - Anti -Human Trafficking Affidavit may render your bid non-respo nsiv_e... 2.35. PUBLIC ENTITY CRIMES To be eligible for award of a contract, firms wishing to do business with the City must comply with Section 287.133(2)(a) of the Florida Statutes, which provides that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO, as defined by Section 287.017(2) of the Florida Statutes, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 2.36. E-VERIFY EMPLOYMENT VERIFICATION Successful Bidder shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by any Successful Bidder of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Successful Bidder knowingly employs unauthorized aliens, such violation shall be cause for termination of the Contract. Furthermore, the Successful Bidder agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e-verifv.uscis.gov/emp , to verify the employment eligibility of all employees during the term of this Contract. The Successful Bidder shall also include a requirement in subcontracts that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. 2.37. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.38. TERMINATION A. FOR DEFAULT If Successful Bidder(s) defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder(s) was not in default or (2) the Successful Bidder(s)'s failure to perform is without their or their Subcontractor's control, fault, or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. Invitation for Bid (IFB) 2017390 B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami, the Successful Bidder(s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, for the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.39. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 2.40. PARTS AT PASS THROUGH COST The cost of all parts associated with any repairs will be at a pass -through cost to the City of Miami. Successful Bidder shall submit purchase receipt of parts along with labor invoice for payment. Successful Bidder shall be responsible for sourcing all parts necessary to complete the work requirements of each job specifications of this Contract. All equipment and materials shall be commercial quality and grade and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment shall not be used as replacements. 2.41. BID BOND Bid Bond or Performance Bond are not required for this project. Invitation for Bid (IFB) 2017390 3. . Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK City of Miami's ("City's") Department of Real Estate and Asset Management ("DREAM") is seeking bids from qualified firms to build, install, maintain, and replace the StormSoft equipped mooring system at the City of Miami Mooring Fields, twice per year, May and November, in accordance with the specifications set forth herein. The City's two hundred fifty (250) vessel mooring facility lies just offshore from Dinner Key Marina, located at 3400 Pan American Drive, Miami, Florida 33133 and the one hundred (100) vessel mooring facility from the Watson Island Mooring Field, located at 1050 MacArthur Causeway, Miami, FL 33133. The facility features moorings constructed of high -quality steel helix anchors coupled with Helmken StormSoft upline/buoy systems designed to safely accommodate vessels up to 60' ft. The facility accepts transient and long-term moorage customers, offers a variety of services and amenities, including: I. Harbormaster's Office & Lounge; 2. Restrooms that include showers, 3. Laundry facilities; 4. Dinghy dock with customer shuttle vessel service; 5. Vehicle & bicycle parking; and 6. Trash pickup and recycling. The facility will accept only seaworthy vessels, properly titled and registered, in full compliance with Federal, State, and Local Maritime Laws and Regulations. Specifications of Parts 1. Helmken heavy duty anchor head (HUB) with bolt; 2. 11/4" x 10' StormSoft elastic down line, fully rigged with u/w float; 3. 24" white mooring buoy with blue stripe and bumper and thru-rod system with all parts; 4. 1" x 8'3" strand nylon pennant line with white plastic Sea -Dog thimble and orange float 4 �h" OD, 3 'A" OAL, 7/8" ID on one end and 1" heavy duty galvanized thimble on other end, sleeve pennant line with white fire hose; 5. 7/8" hot dip galvanized safety bolt anchor shackle with stainless steel cotter pin; 6. 5/8" hot dip galvanized safety bolt anchor shackle with stainless steel cotter pin; and 7. 1" hot dip galvanized safety bolt anchor shackle with stainless steel cotter pin; 8. HDPE thimble; 9. Buoy through rod; 10. 1" eye -to -eye swivel; 11. Small pennant float; and 12. Cotter pin and rubber tape/heat shrink. Invitation for Bid (IFB) 2017390 General Requirements- 1. Upon the City's request, the Successful Bidder shall provide dive -log evidence and other related documentation -that each dive team rnennber -as training and- experience consistent with the performance requirements of the specifications stated herein. An Association of Diving Contractors International (ADCI) is acceptable training; 2. Provide a suitable dive vessel, and all necessary diving equipment to meet all government regulations of the United States Coast Guard (USCG), and the Occupational Safety Hazard Administration (OSHA), 29CFR Part 1910 Subpart T-Commercial Diving Operations; 3. Clean, inspect and repair mooring units including the anchor hubs at the Dinner Key Marina, located at 3400 Pan American Drive, Miami, FL 33133; Watson Island Mooring Field, and any future mooring fields operated by the City of Miami; 4. Coordinate with the Project Manager or designee and adhere closely to the agreed schedule, or liquidated damages may be assessed; 5. Provide all data regarding the current condition of the mooring units to the Project Manager or designee; 6. Complete all diving operations according to applicable commercial diving regulations and standards. This includes compliance with OSHA Commercial Diving Standards, 29 CFR 1910 Subpart T, the USCG Commercial Diving Regulations Subchapter V-Marine Occupational Safety, and Title 46 CFR 197, Subpart B-Commercial Diving Operations; 7. Conduct detailed inspections of the anchor head, underwater buoy, StormSoft down line, pennant line, all shackles, swivels, splices, thimbles, and mooring buoys; 8. Clean the area around for inspection purposes only and inspect mooring system wear points; and 9. Provide a detailed inspection digital report, covering all of the specifications stated herein. The report shall be submitted to the City no later than fifteen (15) days after the completion of the inspections. Assembly of Mooring Systems 1. Attach bottom of Down Line to anchor hub using 7/8" Safety Bolt Shackle; 2. Attach top of Down Line to bottom of 1" Eye to Eye swivel using 1' Safety Bolt Shackle; 3. Attach Pennant Line to top of 1" Eye to Eye swivel using 7/8" Safety Bolt Shackle; 4. Attach Mooring Ball to top of 1" Eye to Eye swivel using 5/8" Safety Bolt Shackle; 5. Attach 8" black rubber topper to top of Mooring Ball Thru-Rod System; 6. Affix heat shrink over cotter pin on end of Safety Bolt Shackles; and 7. Affix three (3") industrial strength numbers to mooring balls (list of numbers will be provided by the Marina). Inspections and Replacement of Mooring Units 1. Clean and check all moorings from bottommost shackle, including but not limited to, swivels, and bolt heads/nuts for condition and wear. Visually inspect the current thickness and structural integrity of the system to determine wear corrosion and ensure that they are functioning properly; 2. Conduct light cleaning (no abrasion) and check all down line and pennant line components for wear or chafe. This work should be done without scrubbing to avoid abrade and fiver damage; 3. Clean and inspect mooring buoy to ensure legibility and inspect numbering for wear or non - adhesion; 4. Clean and inspect the underwater buoy to detect cracks, splits, or deterioration, check for correct Invitation for Bid (IFB) 2017390 position alignment on down line system; 5: Inspect the area -around -the -anchor head to detect any -objects that -could cause -damage to any system components; 6. Inspect any exposed anchor shaft above mud line for wear or deterioration; 7. Detect any excessive wear of component failure and recommend removal or replacement of the mooring system; 8. Secure the moored vessel (if applicable) to the support vessel to allow for the removal and replacement of the mooring units; 9. Remove and clean old mooring system before returning to shore, unload the cleaned old systems from the vessel, take them to a designated area and load the new mooring system in the vessel and properly dispose of old system off site; and 10. Accurately log all inspections, repairs, and maintenance activity on a log sheet approved by the Project Manager or designee and submit with report, detailing the condition of unit components and work completed. Log sheets shall be certified correct, dated, and signed by the Successful Bidder and inspector. Additional Services In addition to the underwater inspection and reporting services detailed herein, the Successful Bidder shall be required to perform additional services on an as needed basis, including but not limited to the following: 1. Removal of discrepant mooring units (partial or complete); 2. Replacement of new or refurbished mooring units; 3. Installation of new or replacement of mooring unit or boundary buoy anchor systems; 4. Underwater locating or existing mooring unit hubs, securing vessels currently on mooring systems needing to be repaired; and 5. Other services as required, not specifically described. Notes: 1. The Successful Bidder shall complete any necessary repairs while they are onsite during the inspection. The Successful Bidder shall keep the exact time and charge by the minute for the three (3)-man dive team including the vessel and all equipment and other associated costs and would also charge for the actual part being replaced at pass through cost. The old part would be photographed showing that it was worn more than twenty five percent (25%) or was damaged and met the criteria for replacement. 2. Helmken heavy duty anchor head (HUB) with both should be re -used if in good condition. 3. The City shall provide the following: boat slip for the vessel being used during its stay at the marina, parking spaces for the Successful Bidder's staff, and showers for the Successful Bidder's staff. 4. Additional work outside the scope of work must be reported to the Project Manager or designee prior to the commencement of work. No work shall be completed without the written approval of the Project Manager or designee. Invitation for Bid (IFB) 2017390 Note: Services performed for the City will require licenses and permits in the same manner as private .construction projectswithin the City.. The Successful Bidder(s) shalt secure _.at_their..expense, all.liccnse and permits and shall fully comply with all applicable laws, regulations and codes as required by the State of Florida, county, or local ordinances. The Successful Bidder(s) must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any manner affecting the prosecution of the work. Any fines or penalties to the Successful Bidder(s) shall be paid at the Successful Bidder(s)'s expense. ANNIE-PEREZ, -CPPO ARTI IUR-NORIEGA-V Director of Procurement City Manager ADDENDUM NO. 1 IFB 2017390 MAY 5, 2025 INVITATION FOR BID ("IFB") REPAIR SERVICES OF THE MOORING SYSTEM AT DINNER KEY MARINA AND WATSON ISLAND TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents, Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Friday, May 16, 2025, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. 4. Can FOR Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement AP:ts c. Larry M. Spring, Jr., CPA, Assistant City Manager, Chief Financial Officer Andrew Frey, Director, Real Estate and Asset Management Thomas M. Fossler, Assistant City Attorney Yadissa A. Calderon, CPPB, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF F[RUI' JEARN3 CONSTRUCTION COMPANY SIGNATURE:'r��-� DATE: 0 PLa Attachment B — Revised Bid Price Sheet IFB 2017390 Repairs Services of the Mooring System at Dinner Key Marina and Watson Island Group I -Federally Funded Projects Line items Description Quantity Unit Total Unit Cost 1 Mooring System Inspection 1 Each $ 375.00 2 Swap -Out System With Vessel Attached 1 Each $ 1,750.00 3 Swap -Out System Without Vessel Attached 1 Each $1,500.00 4 Mooring System Removal 1 Each $ 400.00 5 Morring System Installation 1 Each $ 900.00 Regular Hourly Labor Rate: Monday -Friday, 8:00 AM-5:00 PM, Per Di6ver 1 Hour $ 90.00 Overtime Hourly Labor Rate: Emergency, After Hours, Weekends and Holidays, 8:00 AM-5:00 PM, Per Diver 1 Hour $ 135.00 Attachment B — Revised Bid Price Sheet IFB 2017390 Repairs Services of the Mooring System at Dinner Key Marina and Watson Island Group II- Non -Federally Funded Projects Line Items Description Quantity Unit Total Unit Cost Mooring System Inspection1 1 Each $ 425.00 2 Swap -Out System With Vessel Attached 1 Each $ 1,750.00 3 Swap -Out System Without Vessel Attached 1 Each $1,500.00 4 Mooring System Removal 1 Each $450.00 5 Mooring System Installation 1 Each $ 950•00 6 Regular Hourly Labor Rate: Monday -Friday, 8:00 AM-5:00 PM, Per Diver 1 Hour $ 96.00 Overtime Hourly Labor Rate: Emergency, After Hours, Weekends and Holidays, 8:00 AM-5:00 PM, Per Diver 1 Hour $ 144.00 Name: JOHN KEARNS - 1 Signature of Officer: ANTI-IIUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms. certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State. Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities. boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: KEARP�,S CONSTRUCTION COMPANY Officer Tide: CFO Office Address: 2550 SOUTH BAYSHORE DRIVE, SUITE 206B, MIAM, FL 33133 Email Address: JKEARNS@KEARNSCONSTRUCTION.COM Main Phone Number: 305.461.0310 FE1NNo. 7/7-0/6/1 /5/0/0/5 STATE OF FLORIDA COUNTY OF MIAMI-DADS The foregoin4 instrument was sworn to and subscribed before me by means of II26hysical presence or O online notarization, this day of t ul GLIV.06by f f jriK a'�Y� , as the authorized officer or representative for the nongovernmental entity.. He/she is rset�lryknown nr has produced as identification. (N TAPPUI°SLf'�c Ste of Florida use y V6zquez My Commission HH 566993 Expires 8/18/2028 My Commission Expires: 08/18/2028 gnat Efre of Person Taking Oath YUSLEIDY VAZQUEZ (Printed, Typed, or Stamped Name of Notary Public) EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) Select Year: 2024 The Statutes Title Chapter 787 View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED CLiapter CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the Length and nature of the Labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or Luring any person by fraud or deceit; or —� 7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of s. $93.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transportin_g, soliciting, recruiting,_ harboring, providing, enticing,maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.G. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. T75.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion fc;r labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.08Z, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g). fat commercial sexual activity in which any child younger than 18 years of age or an adult believed ll the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s.. 775.082(3.)(a)6.., s. _775_083.,._or_s.175..084,. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to selt or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. Z75.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.08Z, s. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for taw enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was' convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a fife felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (11) A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the vim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright 0 1995-2024 The Florida Legislature • Privacy Statement • Contact Us CERTIFICATION REGARDING LOBBYING The undersigned certifies,_to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that 11 subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. KEARNS CONSTRUCTION The Contractor, COMPANY , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor/ tractor's Authorized Official Name and Title of Contractor/Contractor's Authorized Official JOHN KEARNS, CFO Date: `1) c2 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: IFB 2017390 (i.e. IFQIIFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: REPAIR SERVICES OF THE MOORING SYSTEMS AT DINNER KEY MARINA AND WATSON ISLAND KEARNS CONSTRUCTION COMPANY (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM -City of Miami Local Office Certification 7/22/2013 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: 2550 S-. BA-YSHOR-E-DR., S-T-E 2DGB,-MAM-I-, FL 33-133 Does Bidder/Proposer conduct verifiable, full- tiine, on -site employment at the local office - for a minimum of forty (40) hours per calendar week? YES- ❑ NO If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? ✓❑ YES ❑ NO ❑ N/A City of Miami: ✓❑ YES ❑ NO ❑ Exempt Cite Exemption: Miami -Dade County: 1=1 YES ❑ NO ❑ Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business operations? 0 YES ❑ NO Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. JOHN KEARNS Print Name (Bidder/Proposer Authorized Representative) Signature 2 FORM -City of Miami Local Office Certification 7/22/2013 Date T-7 J 2CJ2�� STATE OF FLORIDA COUNTY OF /i/J/j%/- Certified to and subscribed before me this 11 day of hr1 Veavn,P 4 Notary Public State of Florida a 4 Yusieidy Vazquez fill My Commission fill 568993 Expires 8/18/2028 (NOTARY SEAL) ,20 25 by (Signatureary Public -State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced FORM -City of Miami Local Office Certification 7/22/2013 3 Docusign Envelope ID: 72A7DF42-7910-42C2-8DD8-205650EDE3A5 THIRD AMENDMENT TO LEASE THIS THIRD -AMENDMENT TO LEASE (this "Third Amendment'-'-) is -effective as of July 31, 2024 (the "Effective Date"), by and between COCONUT GROVE SMI SERIES, a registered series of COCONUT -GROVE $MI, -LLG, -a Delaware- limited liability company ("Landlord"), and KEARNS CONSTRUCTION CO., a Florida corporation ("Tenant"). RECITALS A. Landlord, as successor -in -interest to Aligned Bayshore Marina, LLC, a Florida limited liability company, and Tenant are the "landlord" and "tenant", respectively, under that certain Lease Agreement executed June 8, 2018 ("Original Lease"), as amended by that certain Amendment to Lease Agreement dated May 18, 2019 ("First Amendment") and that certain Second Amendment to Lease Agreement dated June 22, 2020 ("Second Amendment"; Original Lease, First Amendment and Second Amendment collectively, the "Lease"), pursuant to which Tenant leases from Landlord certain Premises as more particularly described and defined in the Lease, known as suite 206-B and contains approximately 587 square feet of space located on the second (2nd) floor of the office building at Bayshore Landings Marina located at 2550 South Bayshore Drive, Miami, FL 33133; B. The Term of the Lease is scheduled to expire on July 31, 2024; and C. Landlord and Tenant desire to amend the Lease to, among other things, extend the Term of the Lease, all on the terms and conditions set forth herein. AGREEMENT For good and valuable consideration which the parties acknowledge receiving, Landlord and Tenant hereby agree, and the Lease is amended, as follows: 1. Recitals. The Recitals are confirmed to be true and correct and are incorporated into this Third Amendment. 2. Application of Lease Terms. Capitalized terms used in this Third Amendment and not defined herein shall have the meanings given to them in the Lease; provided, however, that all references in the Lease to "the Lease" or "this Lease" or similar references shall be a reference to the Lease as amended from time to time, including by this Third Amendment. 3. Extension of the Term of the Lease. a. The Term of the Lease is hereby extended for a period of thirty- six (36) consecutive months to begin on August 1, 2024, and to expire at 11:59 p.m. local Fort Lauderdale, Florida time on July 31, 2027 (the "Third Extension Term") unless sooner terminated or extended by written agreement of the parties or as otherwise set forth in the Lease. b. The third and fourth sentences of Section 1.04 of the Lease are hereby deleted in their entirety and replaced with the following: "The Lease ends on July 31, 2027 ("Ending Date'), unless ended earlier or extended further as provided far under this Lease." c. All references in the Lease, as amended hereby, to the "Term," Page 1 Docusign Envelope ID: 72A7DF42-7910-42C2-8DDB-205650EDE3A5 mean the Term as extended hereby and include the Third Extension Term. 4. Base -Rent. -Nothing in this Third Amendment affects Tenant's obligations to -pay -Base Rent (plus applicable sales/surtax thereon) for the Premises accruing and payable prior to July 31, 2024, in accordance -with -the -Lease.--Base-Rent-payable. by Tenant -to Landlord -during the. Third _Extension Term shall be as follows: "2.01 Rent. (a) Base Rent. Tenant shall pay to Landlord Base Rent of One Thousand Nine Hundred and Twenty -Six and 97/100 Dollars ($1,92697) per month for the first Lease Year (defined below) of the Third Extension Term, plus applicable sales and use taxes. For each Lease Year thereafter, Base Rent shall be increased over the amount payable in the immediately preceding Lease Year ("Base Lease Year") by the greater of: (a) the product of multiplying five percent (5%) and the Base Rent payable in the Base Lease Year or (b) the product of the Consumer Price Index Increase ("CPI Increase") and the Base Rent payable in the Base Lease Year. For all purposes hereof the CPI Increase shall mean the most recently published 12-month percent change shown on the Consumer Price Index for All Urban Consumers ("CPI-U") for the Miami -Fort LauderdaIe- West Palm Beach area, as published by the United States Bureau of Labor Statistics. If the CPI-U is discontinued or substantially revised, then Landlord, in Landlord's reasonable discretion, shall use another government index or computation or the index with which the CPI-U is replaced in order to obtain essentially the same result as would have been obtained if the CPI-U had not been discontinued or revised. (b) Additional Rent. Tenant shall pay to Landlord Additional Rent of Nine Hundred and Ninety -Two and 77/100 Dollars ($992.77) per month for the first Lease Year of the Third Extension Term, and thereafter throughout the Term the amount of the Additional Rent shall be adjusted annually in accordance with Section 2.02 of the Lease." 5. Extension Option; Options to Terminate. Any and all options to extend or renew the Term of the Lease previously granted in the Lease or in any amendments thereto are hereby deleted. Section 4 of the First Amendment and Section 3 of the Second Amendment are hereby deleted in their entirety along with the options granted therein to terminate the Lease. 6. Assignment and Subletting. Section 4.02 of the Lease is hereby modified to add the following at the end of Section 4.02: "Anything contained in this Lease to the contrary notwithstanding, Tenant shall not sublet the Premises on any basis such that Rent or other amounts to be paid by the subtenant thereunder would be based, in whole or in part, on either (a) the net income or profits derived by the business activities of the subtenant, or (b) any other formula such that any portion of the Rent payable to Landlord under the lease would fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Internal Revenue Code of 1986, as amended (the "Code"), or any similar or successor provision thereto." 7. REIT Savings. The Lease is hereby amended to add Section 18 as follows: "SECTION 18 —REIT REQUIREMENTS: "18.01. Personal Property Limitation. Landlord and Tenant agree that (i) the fair market value Page 2 Docusign Envelope ID: 72A7DF42-79 t 0-42C2-BDDB-205650EDE3A5 of any personal property owned by Landlord that is located on the Premises, and used in connection with the Premises, and leased to Tenant under the Lease (the "Leased Personal Property"), shall not exceed fifteen percent-(15%) of -the fair market value of -the -Premises; -and (ii)-rent attributable - to any Leased Personal Property pursuant to Section 856(d) of the Code does not and will not, in any -calendar year, exceed -fifteen pereent-(-1-5%)- of the total- rent- payable with respect to the Premises. "18.02. REIT Savings. Notwithstanding anything to the contrary in this Lease, in the event that counsel or independent accountants for investors in Landlord ("REIT investor") (if applicable) determine that there exists a material risk that the receipt of any payments under this Lease ("Payments") payable hereunder by Landlord during a taxable year hereunder would generate income not described in Sections 856(c)(2)(A)-(H) and 856(c)(3)(A)-(I) of the Code (such income, "Non- Qualifying Income") and thereby create a material risk that REIT Investor would have Non - Qualifying Income for the applicable year in an amount in excess of 4.5% of gross income for such year (any amount so in excess, the "Excess Non -Qualifying Income"), the amount of Payments paid to Landlord pursuant to this Lease in such tax year shall not exceed the maximum amount that can be paid to Landlord in such year without causing REIT Investor to have Excess Non- Qualifying Income for such year. If the amount of Payments paid for any tax year under the preceding sentence is less than the amount of Payments which would otherwise be paid to Landlord pursuant to this Lease (the "Deferred Rent Amount"), then: Landlord shall not be entitled to any such amount, unless and until Landlord delivers to Tenant, at the sole option of Landlord, (i) an opinion of such Landlord's tax counsel to the effect that such amount, if and to the extent paid, should not constitute Excess Non -Qualifying Income, (ii) a letter from the independent accountants of such Landlord indicating the maximum amount that should be payable at that time to Landlord without causing REIT Investor to have Excess Non -Qualifying Income for any relevant taxable year, in which case Landlord shall be paid such maximum amount, or (iii) a private letter ruling issued by the Internal Revenue Service indicating that the receipt of any Deferred Rent Amount hereunder will not cause REIT Investor or an entity that holds a direct or indirect ownership interest in REIT Investor to be ineligible to be taxed as a real estate investment trust pursuant to Section 856 of the Code. The obligations of Tenant to pay any Deferred Rent Amount which is not paid as a result of this provision shall terminate five years from the original date such amount would have been paid without regard to this provision and Landlord shall have no further right to receive any such amount." 8. Landlord Notices. Notwithstanding anything in the Lease to the contrary, all notices to Landlord shall be sent to the following addresses: Coconut Grove SMI Series, a registered series of Coconut Grove SMI, LLC c/o Suntex Marinas 17330 Preston Road, Suite 100C Dallas, Texas 75252 Attn: Legal With a copy to: Bayshorc Landing Marina 2550 South Bayshore Drive Coconut Grove, Florida 33133 Attn: General Manager 9. Brokers. Tenant represents that it has had no dealings with any broker or agent in Page 3 Docusign Envelope ID: 72A7DF42-7910-42C2-8ad&20565OEDE3A5 connection with the negotiation or execution of this Third Amendment. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, costs, expenses or liabilities, including reasonable attorneys' fees, for commissions or other compensation claimed by any broker or agent with regard to this Third Amendment as a result of any dealings with Tenant or claiming by or through Tenant. 10. Entire Agreement This Third Amendment, including any exhibits attached hereto , contains the entire agreement of the parties hereto with respect to the matters covered hereby, and other than as set forth in the Lease which, as amended hereby is incorporated herein, no other agreement, statement or promise made by any party hereto, or to any employee, officer or agent of any party hereto, which is not contained herein, shall be binding or valid. 11. Representations. As of the Effective Date, Tenant hereby represents and warrants to Landlord the following, all of which shall survive the expiration or termination of the Lease: (i) Tenant is the sole legal and equitable owner of the leasehold estate of the "Tenant" under the Lease and is the only occupant of the Premises; (ii) Tenant has not previously assigned or transferred any interest in the Lease (other than as security for any indebtedness) or sublet the Premises or any portion thereof; and (iii) Tenant has full power and authority to execute and deliver this Third Amendment. 12. Ratification. As amended hereby, the Lease is ratified and confirmed as being in full force and effect. Each party agrees that, as amended hereby, the Lease is the binding and enforceable obligation of such party. To the extent of any conflict or inconsistency between this Third Amendment and the terms of the Lease, the terms of this Third Amendment shall control to the extent, but only to the extent, of such conflict or inconsistency. Nothing in this Third Amendment shall be deemed a waiver or release of any unperformed obligations of Landlord and Tenant under the Lease, including, without limitation, any delinquent rentals or other delinquent payments payable by Tenant under the Lease. 13. Counterpart Execution. This Third Amendment may be executed in a number of identical counterparts. If so executed, each of such counterparts is to be deemed an original for all purposes, and all such counterparts shall, collectively, constitute one instrument, but in making proof of this instrument, it shall not be necessary to produce or account for more than one such counterpart. Executed counterparts of this Third Amendment may be exchanged by electronic mail, which executed counterparts shall serve as originals for all purposes. 14. No Default. Tenant acknowledges that as of the Effective Date hereof, Landlord has performed all of its obligations under the Lease, Landlord is not in default under the Lease, and Tenant has no claims, counterclaims, set -offs or defenses against Landlord arising out of the Lease or relating thereto. 15. Expenses. In the event Tenant requests from Landlord the written consent of Landlord to any proposed action for which the Lease requires such consent, Landlord may require (in addition to the payment of reasonable attorneys' fees) the payment by Tenant of a fee representing the administrative cost incurred by Landlord in processing such request, regardless of whether such consent is granted. An estimate of such fee shall be made by Landlord, and such estimate shall be payable by Tenant at the time such request is made by Tenant. If such estimate is not accurate, Landlord or Tenant shall reimburse or pay the other party after the actual fee is determined, as appropriate. 16. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Page 4 Docusign Envelope ID: 72A7DF42-7919-42C2-8DD8-205650EDE3A5 17. Execution and Delivery of Third Amendment. This Third Amendment shall not be effective, and Tenant shall have no rights or obligations hereunder, unless and until this Third Amendment has been executed by both Landlord -and -Tenant, and a copy of such -fully -executed Third Amendment has been received by both Landlord and Tenant. [Signature Page to follow] Page 5 Docusign Envelope ID: 72A7DF42-7910-42C2-8DDB-205650EDE3A5 Landlord and Tenant have executed and entered into this Third Amendment to Lease effective as of the Effective Date. LANDLORD: COCONUT GROVE SMI SERIES, a registered series of COCONUT GROVE SMI, LLC, a Delaware limited liability company By: DocuSigned by: bCC8�3OC4PA34C8... Name: Thomas Tipton Title: President TENANT: KEARNS CONSTRUCTION CO, a Florida corporation By: Name: Title: 7�17 7--5 a .eol a-Th<5 7S-•-• Signature Page CITY OF MIAMI _BUSINESS_TAX RECEIPT FY 24- 25 ISSUED: Oct 01, 2024 "go-berF SanTas-Mbarna Dfrectnr; Code Compliance BUSINESS NAME: KEARNS CONSTRUCTION COMPANY DBA: BTR HOLDER NAME: BUSINESS ADDRESS: EXPIRES: ACCOUNT NUMBER: RECEIPT NUMBER: COMMENTS: RESTRICTIONS: KEARNS CONSTRUCTION COMPANY 2550 S BAYSHORE DR 206B Effective Year Oct. 1 2024 Thru Sep. 30 2025 161203 185372 ADMINISTRATIVE OFFICE This issuance of a business tax receipt does not permit the holder to violate any zoning Taws of the City nor does it exempt the holder from any licenseor permits that may be required by law. This document does not constitute a certification that the holder is qualified to engage in the business, profession or occupation specified herein. The document indicates payment of the business tax receipt only. • PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. • FAVOR DE MOSTRAR ESTE CERTIF!CADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. • TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDE'B NAN ADRES OKIPANS. www.miamigov.com * * IICIII ELAM 4, 1111 � R* CITY OF MIAMI CERTIFICATE OF USE FIRE-SAFE-fiY PERMIT FY 24- 25 ISSUED. BUSINESS NAME: KEARNS CONSTRUCTION COMPANY DBA: BUSINESS ADDRESS: 2550 5 BAYSHORE DR 206B EXPIRES: 2025-09-30 ACCOUNT NUMBER: 161203 CERTIFICATE NUMBER: 1611002613 COMMENTS: RESTRICTIONS: APPROVED USE(S): CUO6 -General Commercial - Office • PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. • FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. • TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. www.miamigov.com Local Business Tax Receipt Miami —Dade County, State of Florida -THIS IS NOT A BILL - DO NOT PAY 5342050 BUSINESS NAME/LOCATION KEARNS CONSTRUCTION COMPANY 2550 SOUTH BAYSHORE DR STE 206 B MIAMI, FL 33133 RECEIPT NO. RENEWAL 4363131 fF OWNER SEC. TYPE OF BUSINESS KEARNS CONSTRUCTION COMPANY 196 GENERAL BUILDING CIO JOHN KEARNS CONTRACTOR ILBT EXPIRES SEPTEMBER 30, 2025 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 Worker(s) MFAN FE4L7E• �9 PAYMENT RECEIVED BY TAX COLLECTOR 45.00 07/19/2024 1 CGC060194 CH ECK21-24-029063 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holdei s qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business, The RECEIPT NO. above must be displayed an all commercial vehicles - Miami -Dade Code Sec Ra-276. For more information, visit www.miamidade. iov/taxeolfector Ron DeSantis, Governor Melanie S. Griffin, Secretary STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 4$9, FLORIDA STATUTES KEARNS, CHARLES SWANSON KEARNS ,CONSTRUCTION COMPANY 4101 BRAGANZAAVE by 4wa, MIAMI lyr,r.� FL 33133 If A - LICENSE NUMBER: CGC060194 EXPIRATION DATE: AUGUST 31, 2026 Always verify licenses online at MyFloridaLicense.com ISSUED: 06/07/2024 Do not alter this document in any form. i This is your license. It is unlawful for anyone other than the licensee to use this document. KEARNS CONSTRUCTION CO • CGC 060194 Statement of Capability Scope of Services Kearns Construction is a Florida -based licensed general contractor with over 25 years of experience providing marine construction services to government and commercial clients always putting safety first. As one of Florida's most respected contractors with a specialization in marine construction, we own the modern equipment and know-how to successfully execute on all types of marine demolition and removal, design & permitting, dock and piling work and all types of crane and barge work. We have successfully executed large marine projects for the National Park Service, Port of Miami, Miami Dade County, City of Miami, City of Key West, and Private and Public Marinas. Professional Licenses and Certifications • State Certified General Contractor (GC) • Certified Crane Operators, Certified Riggers • Licensed Commercial Divers Capabilities • Marine permitting and design • Marine demolition and disposal of contaminated and non -contaminated material • Dredging and disposal • Fixed and Floating dock construction • Repair, remove & replace and new construction of concrete panel and steel sheet pile seawalls • Bulkhead repair and restoration • Crane barge services • Concrete, wood and steel pile driving • Commercial diving • Channel markers and mooring fields • Derelict vessel removal and disposal • Environmental mitigation, sea grass restoration, artificial reef construction, petroleum spill clean up • Coffer dams and tremie seals Professional Insurance USI Insurance Services LLC 5100 Popular Avenue, #1200 Memphis, TN 38137 Bonding Capabilities Single range of $50,000,000 Aggregate of $150,000,000 Kearns Construction has the financial capacity to increase its bonding based on the nature and scope of work. Hartford Fire Insurance Company A.M. Best's Rated A+ (XV) Point of Contact John Kearns, CFO Kearns Construction Company Office Phone: (305) 461-0310 Mobile Phone: (786) 774-6773 Email: jkearns@kearnsconstruction.com 2550 S. BAYSHORE DRIVE, suite 2068 • MIAMI, FLORIDA 33133 • TEL: 305- 46 1- 0310 • FAX: 305-461-1892 www.kearnsconstruction.com VESSEL YEAR MAKE DIMENSIONS NAME BARGES 2024 CONDRAD 159'-9" x 53'-11" x 7'-10" H-566 SPUD BARGE 2022 HANKO 40' x 12'2" x 11' ALUMINUM BOAT 2021 STEEL 24' x 60' x 5' RAKED SECTIONAL BARGE 2021 STERLING 86' X 32' X 6'-6" BIG DOG BARGE W/ PEDESTAL CRANE 5300 1993 STEEL 110' X 40' X 7' KS 436 BARGE 2019 CONRAD INDUST. 139 X 45 6-11 JENNIE K ABS BARGE 1985 STEEL 120 X 45 X 7 DECK DAVIS DECK BARGE 2014 STEEL 33 X 22 X 3 SECTIONAL SPUD BARGE "SELF PROPELLED" 2006 STEEL 100 X 36 X 8 HAIL MARY SPUD BARGE PUSHBOATS 2019 PROGRESSIVE PUSHBOAT 2016 PROGRESSIVE _ 25.5 X 14 X 6 _MICHELLE KAREN PUSHBOAT 2012 PROGRESSIVE X 14 X 6 ELLY PUSHBOAT _ 2008 PROGRESSIVE _25.5 25.5 X 14 X 6 FAT JACK PUSHBOAT CREW BOATS 1988 FIBERGLASS 25'-0" BOSTON WHALER WORK BOAT 2001 FIBERGLASS 20'-9" BOSTON WHALER JUSTICE FISHING BOAT _ 2012 FIBERGLASS 22'-11" CAROLINA SKIFF 23 ULTRA ELITE 2002 FIBERGLASS 18'-2" BOSTON WHALER W/ MERCURY 1990 FIBERGLASS 19' BOSTON WHALER W/ 150 YAMAHA 2000 FIBERGLASS 22`-3" BOSTON WHALER W/ 225 HP YAMAHA 1984 18' BOSTON WHALER W/ 115 HP YAMAHA MISC BOATS 2016 FIBERGLASS 2007 ALUMINUM 34r-8" 21'-0" ISLAND RUNNER "OFFICIAL BUSINESS II" PONTOON PARTY BOAT CRANES YEAR MAKE MODEL TONNAGE CRANES 1997 MANITOWOC 888 CRAWLER CRANE 230 1991 AMERICAN 5300 CRAWLER CRANE 70 1965 AMERICAN- 9299 C-RAWLER CRANE 1-65 2004 GROVE RT875E CRANE 75 1979 AMERICAN 9260 CRAWLER CRANE 125 1982 AMERICAN 5299A CRALWER CRANE 60 1987 AMERICAN 7225 CRAWLER CRANE 85 1984 AMERICAN 5300 CRAWLER CRANE 70 1992 AMERICAN 5299 CRAWLER CRANE 50 AMERICAN 9270 CRAWLER CRANE 150 AMERICAN 9320 CRAWLER CRANE 250 OTHER EQUIPMENT YEAR MAKE MODEL SKID -LOADER CATERPILLAR 262D3 S#ZB200532 2022 CATERPILLAR 262D3 -2005 CATERP1LAA i 762B EXCAVATOR CATERPILLAR 320GC 2019 CATERPILLAR 304 E 2 CR 2008 CATERPILLAR 314CLCR HAMMERS Chipping Hammer HMC 51-335 VIBRATORY HAMMER W/ POWER 2017 ATLAS SB702 CHIPPING HAMMER 2001 H&M H-2700 VIBRATORY HAMMER W/ POWER PACK MKT V5E VIBRATORY HAMMER W/ POWER PACK DUETZ PILE CUTTER MODEL 16 Chipping Hammer _ 30CY 20'x5'x7.5' KEARNS CONSTRUCTION CO • CGC 060194 Past and Current Litigation Kearns Construction Company has been involved in litigation over the years. Most of the litigation has involved the collections of Kearns Construction Company's completed projects. The following is a summary of Kearns' litigation history: CASE NAME Kearns Construction Company v. Superior DeMoya CASE NUMBER N/A DATE JANUARY 2024 DESCRIPTION DeMoya (Prime) has not paid Kearns (sub) the full amount invoiced for work performed at the Sanibel Bridge Project. There is a dispute over $250,000 owed to Kearns. SETTLEMENT Pending. CASE NAME Charles Pinner & Tiffany Bell v. Kearns Construction Company CASE NUMBER Claim #W2A71531-JS DATE September 12, 2022 DESCRIPTION Charles Pinner (driver) and Tiffany Bell (passenger) were involved in a minor fender bender with a Kearn Construction Company vehicle. Kearns Construction Company's employee, while driving a company vehicle, struck the vehicle that Mr. Pinner was driving at a stop sign. Mr. Pinner and Ms. Bell allegedly suffered injuries days later because of the accident. A claim was made against Kearns Construction company for injuries. SETTLEMENT/DETERMINATION Insurance carrier closed case with payment of $1,000,796.23. CASE NAME Kearns Construction Company v. City of Miami Beach CASE NUMBER Filing #122795878 DATE March 09, 2021 DESCRIPTION Kearns Construction Company is a plaintiff against the City of Miami Beach. Kearns Construction Company built a new floating dock, modified an existing seawall, and added sidewalks at Maurice Gibbs Park. The City of Miami Beach terminated their original engineer and never secured City permits for the upland work. The work performed by Kearns Construction Company was accepted by the City of Miami Beach. The City of Miami Beach has only paid 75% of the base contract and no change orders. Most of • 2550 S. BAYSHORE DRIVE, suite 206B • MIAMI, FLORIDA 33133 • TEL: 305- 46 1- 0310 • FAX: 305-461-1892 www. kea rn s co nstru cti on . co m KEARNS COINS I KUC I ION GU • UGC UtiU1Y4 the change order items are City design errors. The City of Miami Beach refuses to pay for their design mistakes. T{te City -has offered to -pay -for the base contrac-twith no change orders. Kearns Construction Company did not accept the City of Miami Beach's initial offer. SETTLEM ENT/DETE RMINATION The City of Miami Beach has settled with Kearns Construction. The City of Miami Beach paid 100% of the base contract and 80% of the change order amount to Kearns Construction Company. CASE NAME Emilio Vieyra v. Kearns Construction Company CASE NUMBER Case #2020-010673-CA-01 File #6061 OJCC Case #20-000662KF0 CNA #M1A13614 DATE November 11, 2019 DESCRIPTION Emilio Vieyra placed his hand under a large metal vibrator hammer. The crane rigging rotated, and Emilio's hand was pinched under the metal hammer (broken fingers and soft tissue damage). Emilio has filed a worker's compensation claim for his injury. Emilio continues to work for Kearns Construction Company. He has been promoted, given bonuses, raises and a company truck. SETTLEMENT/DETERMINATION Ongoing. CASE NAME Kearns Construction Company v. G G Weaver LLC CASE NUMBER Case #20-CC-000160-K DATE August 03, 2019 DESCRIPTION Kearns Construction Company has filed a complaint against the motor yacht, "Goin Galt". In the Summer of 2019, the 85' high speed motor yacht created a 5' wave in Key West Harbor. The wake from the motor yacht "Goin Galt" bent the $25,000 steel spud. Boat operators are responsible for their wake under maritime law. This complaint seeks to recover the replacement cost of the bent spud. SETTLEMENT/DETERMINATION Settled. 2550 S. BAYSHORE DRIVE, suite 206E • MIAMI, FLORIDA 33133 • TEL: 305- 46 1-0310 • FAX: 305-461-1892 www.kearnsconstruction.com KEARNS CONSTRUCTION CO • CGC 060194 CASE NAME Kearns -Construction Company v. Jones Superyacht Miami, Inc. CASE NUMBER Case #2019-023712-CA-01 DATE March 26, 2019 DESCRIPTION Kearns Construction Company is the plaintiff in a lawsuit against Jones Boat Yard on the Miami River. In summary, Kearns Construction Company hired and paid Jones Boat Yard $150,000 to sandblast and paint their Davis Barge (120' x 45'). Jones Boat Yard used the wrong sandblast materials, and their paint work was incomplete. Jones Boat Yard launched the barge with over 100 areas of exposed raw steel into the salt water. Immediately, the barge began to rust. Kearns Construction Company has filed a complaint to recover the money paid for the faulty paint work. SETTLEMENT/DETERMINATION Ongoing. CASE NAME Albelo, Yenell v. Kearns Construction Company CASE NUMBER OJCC #18-009297MGK Claim #555-257570-001 File #FL WF-05501 DATE April 10, 2018 DESCRIPTION Yenell Albelo filed a worker's compensation claim against Kearns Construction Company. On April 10, 2018, in the first hour of working, Mr. Albelo bent over and allegedly hurt his back. Mr. Albelo did not report the alleged accident to anyone for one week. Kearns Construction Company has multiple witnesses that saw Mr. Albelo pick-up his belongings and walked to his car without any sings of injury. One week later, Mr. Albelo informed Kearns Construction Company of his alleged injury. During discovery, it was learned that Mr. Albelo had two prior worker's compensation claims. Also, he was the only City of Miami police officer to be fired in the last five years for questionable conduct. SETTLEMENT/DETERMINATION This claim has been settled by the insurance carrier. 2550 S. BAYSHORE DRIVE, suite 206B • MIAMI, FLORIDA 33133 • TEL: 305- 46 1- 0310 • FAX: 305-461-1892 www.kearnsconstruction.com KEARNS C6NSTRUCTION CO • CGC 060194 CASE NAME Puerto, Jose R v. Kearns Construction -Company CASE NUMBER Case #16-011239 CA 30 Legal File #1151309082 CNA Claim #M1A02649-Bayard DATE May 28, 2014 DESCRIPTION On May 21, 2014, Kearns Construction Company removed and replaced greenheart piles at Crandon Marina. One week later, Jose R. Puerto's 32' power boat sank. Mr. Puerto did not have insurance as required and sued Kearns Construction Company for his sunken boat. During investigation it was learned that Mr. Puerto's boat had a major leak. The bilge pump was required to keep the boat afloat. The boat's battery and charger were needed to keep the boat from sinking. A few days prior to the sinking, it rained five inches in two days. SETTLEMENT/DETERMINATION Insurance paid $15,000 to settle this case. CASE NAME Ramsinghani, Raj v. Kearns Construction Company CASE NUMBER Case #14-002032 CA 01 Claim File #M1A01941 DATE June 26, 2009 DESCRIPTION Kearns Construction Company replaced the 75-year-old seawall with a new sheet pile seawall. The prime contractor on this project was EnviroWaste. The new seawall work occurred at the City of Miami Beach's Park on Sunset Island No. 4. The neighbor to the west claimed that KCC caused his 75-year-old seawall to move. The DERM's as -built photos from BEFORE the start of construction shows that the neighbor's seawall had failed prior to KCC starting work. Second, the year before KCC started work, the neighbor asked for a new seawall proposal from Dock and Marine Construction. Third, the neighbor cut and removed the seawall tie backs when he installed his new pool next to his seawall. This pool work was done without a City of Miami Beach permit. Fourth, the neighbor has never done any permitted repair work to his dock or seawall. The neighbor wanted a new pool, seawall, planters, and landscaping at no cost. SETTLEMENT/DETERMINATION Insurance company settled for approximately $28,000. • 2550 S. BAYSHORE DRIVE, suite 206E • MIAMI, FLORIDA 33133 • TEL: 305- 46 1- 0310 • FAX: 305-461-1892 www.kearnsconstruction.com CONSTRUCTION CO • CGC 080194 Prior to August 2012, Kearns Construction Company filed three lawsuits to collect final payment on completed projects. The following are a summary of these cases: Description: Amount: Resolution: Kearns Construction VS River Oaks Condo $15,000 Kearns collects. Final Payment Collection full and final payment Kearns Construction VS Residences of Vizcaya Condo $60,000 Kearns collects. Final Payment Collection full and final payment Kearns Construction VS Camp Biscayne Homeowners $20,000 Kearns collects. Final Payment Collection full and final payment In addition to the above, Kearns Construction Company was once sued by Leno Dredging and Hauling's employee, Willey Kirkland. Kearns Construction Company hired Leno Dredging and Hauling to provide trucking service. Leno Dredging and Hauling provided a fraudulent certificate of insurance to Kearns Construction Company. At the end of the job and off the construction site, Willey Kirkland started a fist fight with another Leno Dredging and Hauling employee. During mediation, it was discovered that Wiley Kirkland had prior worker compensation claims, prior cocaine arrests, indecent exposure arrest and a prior medical condition for which he was now claiming. The Willey Kirkland claim was settled for $5,000 (nuisance). • 2550 S. BAYSHORE DRIVE, suite 206E • MIAMI, FLORIDA 33133 - TEL: 305- 46 1- 0310 • FAX: 305-461-1892 www.kearnsconstruction.com nt#: 2 KEARNSCO ACORDTM CERTIFICATE OF LIABILITY INSURANCE lDOlYY E (MM5,E(MMDDI GATYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION -IS -WAIVED, subjecttothe terms and conditions ofthepolicy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Southwest 3850 N. CausewayBlvd., Suite 1200 Metairie, LA 70002 CONTACT Katie Lambert NAME: PHONE 504-355-5039 FAX I`(A/C, 610-537-4152 EE--MAIM.°' ADDREss: katie.lambert@usi.com INSURERS) AFFORDING COVERAGE NAiC # INSURER A: Mitsui Sumitomo Insurance USA Inc. 22551 INSURED KEARNS CONSTRUCTION COMPANY, INC 2550 S BAYSHORE DR STE 206B Coconut Grove, FL 33133 Florida DBPR LICENSE # CGC060194 INSURER B : Aspen American Insurance Company 43460 INSURERC: Manufacturers Alliance 36897 INSURER D: American Longshore Mutual Assn Ltd. INSURER E : Great American insurance Company16691 INSURER F : National Liability & Flre Insurance Co. 20052 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF (MMIDDWYYYY) POLICY EXP LIMITS (MMIDD!YYYY) A x COMMERCIAL GENERAL LIABILITY X X OHM4510326 03/29/2025 03/29/2026 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR PREMISES Ea occurrence) $100,000 MED EXP (Any one person) $10,000 X Marine GL PERSONAL & ADV INJURY $1,000,000 X HuII/P&l GENERAL AGGREGATE $2,000,000 GEM. AGGREGATE LIMIT APPLIES PRO - X JECT PER: LOC PRODUCTS-COMP/OP AGO $2,000,000 $ F AUTOMOBILE X LIABILITY r X SCHEDULED AUTOS NON -OWNED AUTOS ONLY X X 74APB008338 APP23576392 03/29/2025 03/29/2025 03/29/2026 03/29/2026 EOa aoc eot31NGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Peraccident) $ $ A B X X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X OLM2510616 OM010PV25 03/29/2025 03/29/2025 03)29/2026 03/29/2026 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 $ DEO X RETENTON$25,000 C D WORKERS COMPENSATION EMPLOYERS' LIABILITY ANFlPEW RIETO EXCLUDED? ECUTIVEYN (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N!A X 1600808Y ALMA02282508484701 03/29/2025 03/29/2025 03f29/2025 03/29/2026 X PER OTH- STATUTE ERAND EL. EACH ACCIDENT $1,000,000 E.L. DISEASE • EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 E Vessel Pollution Contractors Poll X X X X OMP5608841 CPL202668316 03/29)2025 07)10)2024 03/29/2026 07/10/2025 $5,000,000 OPA/CERCLA $2,000,000 Each Occ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached If more space is required} The Certificate Holder is included as Additional Insured where indicated below and as outlined in the policy forms. Additional Insured status is not applicable to Workers' Compensation. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Miami - Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 ACORD 25 (2016/03) 1 of 3 #S492091851M48624957 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KXLHM DESCRIPTIONS (Continued from Page 7 Marine General Liability: 75% Lead Mitsui Sumitomo Ins USA 25% lmperium Insurance Company PerProJect Aggregate - MUS-MCL-013T Rev-12.20 Additional Insured & Waiver of Subrogation (Blanket) - MUS MCL 0110 Rev 08.16 Primary Non -Contributory - MUS GEN 0117 Rev 09.16 Additional Insured - State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorization - MUS GEN 0021 Rev 08.16 Additional Insured - Owners, Lessee's or Contractors - w/Completed Operations - MUS GEN 0022 Rev 08.16 Insured Contract Amendment (Railroad) - MUS MCL 0160 Rev 02.23 Riggers Liability Coverage Form - MUS MCL 0525 Rev 05.21 Cross Liabilities - MUS GEN 0215 Rev 08.16 XCU Included Diving included 30 Day Notice of Cancellation, Except 10 Days for Nonpayment - MUS GEN 0115 Rev 10.20 Auto Liability (Owned Autos): Additional Insured (Blanket) included Waiver of Subrogation - when scheduled Physical Damage Deductibles: $1,000 Comprehensive 1$1,000 Collision Auto Liability (Hired and Non -Owned): Additional Insured (Blanket) included Waiver of Subrogation - when scheduled Excess Auto: Upland Specialty Insurance Company Policy #USXTL0590924 Policy Term: 03/29/2025 - 03/29/2026 $1,000,000 Excess of Underlying Auto Liability Workers' Compensation (State Act): Blanket Alternate Employer Endorsement per written contract Blanket Waiver of Subrogation per written contract Workers' Compensation (USL&H): United States Longshore and Harbor Workers' Compensation Act Coverage Blanket Alternate Employer Endorsement Blanket Waiver of Subrogation Endorsement Protection & Indemnity / Hull & Machinery/Maritime Employers Liability: 75% Lead - Mitsui Sumitomo Ins USA, Policy #OHM4510326 25% Follow - Imperium Insurance Company, Policy #TSOM25010500 P&I: $1,000,000 Each Occurrence - Combined Single Limit MEL Limit: $1,000,000 Any One Person / $1,000,000 Any One Accident or Disease - Combined Single Limit Automatic Acquisition Clauses - MUS HP10005 Rev 10.20 Privilege to Charter - MUS HPI 0025 Rev 08.16 Jones Act coverage provided. No stated number of Crew Limitation. XCU Included 30 Day Notice of Cancellation, Except 10 Days for Nonpayment - MUS GEN 0115 Rev 10.20 1st Layer Excess ($5M excess of Underlying Primary): 65% Lead - Mitsui Sumitomo Ins USA, Policy #0LM2510616 35% Follow - Imperium Insurance Company, Policy #TSOM25010600 Additional Assured -Waiver -NOG -Primary (Blanket) - MUS BST 0110 Rev 08.16 Blanket Waiver of Subrogation (Follow Form) - M-5B $5,000,000 Excess of Underlying Policies: MGL, Auto, Excess Auto, EL, P&I, MEL, Vessel Pollution SAGITTA 25.3 (2016/03) 2 of 3 #549209185/M48624957 DESCRIPTIONS (Continued from Page 1) 2nd Layer Excess ($5M excess of $5M Excess of Underlying Primary): 50% Lead -Aspen Mitsui Sumitomo Ins USA, Policy #OM010PV25 50% Follow - Imperium Insurance Company, Policy #0MS2400160901 Follow-Form- $5,000,000 Excess of Underlying Policies: lst Layer Excess, MGL, Auto, Excess Auto, EL, P&I, MEL, Vessel Pollution Total Excess Liability Limit: $10,000,000 Vessel Pollution: $5,000,000 OPAICERCLA Limit for Scheduled Vessels Blanket Additional Insured - GAI 2445 Blanket Waiver of Subrogation - GAI 2053 Contractor's Pollution Liability: Blanket Additional Insured Including Primary Non -Contributory and Completed Ops when required by written contract - CPLO 4038 0318 Waiver of Subrogation when required by written contract - ENV 2004 06 18 General Aggregate Limit: $2,000,000 Contractors Pollution Occurrence - Each Pollution Condition Limit: $2,000,000 Each Pollution Condition Retention: $5,000 Inland Marine: Carrier: Mitsui Sumitomo Ins Co of America (NAIC: 22551) Policy #: CIM4113066 Policy Term: 03/29/2025 - 03/29/2026 Leased or Rented Equipment from Others Limit: $500,000 Crane Deductible: $25,000 "All Risk" subject to policy terms, exclusions, and conditions. Contractors Professional Liability: Carrier: Ironshore Specialty insurance Company Policy #DCP7NACYNF4002 Policy Term: 01/16/2025 - 07/16/2025 Limit: $1,000,000 Each Claim Limit: $2,000,000 Aggregate Retention: $100,000 Each Claim Subject to all of the terms, conditions, exclusions and definitions of the above referenced policies as issued by the carrier(s). IFI3 Number: 2017390 Title: Repair Services of the Mooring System at Dinner Key Marina & Watson Island City of Miami is included as additional insured with waiver of subrogation as outlined above for the referenced project. SAGITTA 25.3 (2016103) 3 of 3 #5492091851M48624957 ANNIE PEREZ, CPPO Director of Procurement ADDENDUM NO. 2 ARTHUR NORIEGA V City Manager IFB 2017390 MAY 12, 2025 INVITATION FOR BID ("IFB") REPAIR SERVICES OF THE MOORING SYSTEM AT DINNER KEY MARINA AND WATSON ISLAND TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. A. Attachment B-Bid Pricing Sheet has been deleted in its entirety and is hereby replaced with Attachment B-Revised Bid Price Sheet. B. Section 2.41 Bid Bond is hereby added to the Special Conditions Section of this Solicitation: Section 2.41 Bid Bond Bid Bond or Performance Bond are not required for this Solicitation. C. Section 3.1 Specifications/Scope of Work, General Requirements, Line -Item No. 1, and Assembly of Mooring Systems, Line -Item No. 7 has been deleted in its entirety and hereby replaced with the following language: General Requirements 1. Upon the City's request, the Successful Bidder shall provide dive -log evidence and other related documentation that each dive team member has training and experience consistent with the performance requirements of the specifications stated herein. An Association of Diving Contractors International (ADCI) Certificate is acceptable training. Assembly of Mooring Systems 7. Affix three (3") industrial strength numbers to mooring balls (list of numbers will be provided by the Marina). 1 D. The following is a question received from Prospective Bidder(s) and the City of Miami's response: Q1. 1s-a Bid Bond required -for this -project? Al. Refer to Section B above. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement AP:ts c. Larry M. Spring, Jr., CPA, Assistant City Manager, Chief Financial Officer Andrew Frey, Director, Real Estate and Asset Management Thomas M. Fossler, Assistant City Attorney Yadissa A. Calderon, CPPB, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: -� S � `� r WDATE: 2 2 SIGNATURE: 2 John Kearns From: Soto, Teresa <TSoto@miamigov.com> Sent Wednesday, June-4, 2025 4:29 PM - To: John Kearns Subject: IFB 2017390 Repair Services of the Mooring System at Dinner Key Marina and Watson Island Attachments: Letter for Add. Info. Kearns.pdf; Addendum No. 2.pdf Good afternoon, Please see attached and respond to this email by said date and time. Thowuk/ yaw i Te re/sw Soto - Procurement Contracting Officer City of Miami Department of Procurement 444 SW. 2 Avenue, 6th Floor Miami, FL 33130 Phone: (305) 416-1919 Fax: (305) 400-5024 Email: tsoto@miamigov.com Mission: The City of Miami Department of Procurement's mission is to ethically procure quality goods and services, design, construction and construction management services at the best value for the City, while providing excellent customer service, process efficiency, transparency, fairness, competition, accountability, and maintaining public trust. For current solicitations please visit our Solicitation page Current contracts can be viewed by visiting our Contract Database For solicitations in the Cone of Silence please visit our Cane of Silence webpage If you're not already a Vendor, click on or scan the OR Code to register as a new vendor for the City of Miami. 2 3 ANNIE PEREZ, CPPO Director of Procurement ADDENDUM NO. 2 ARTHUR NORIEGA V City Manager IFB 2017390 MAY 12, 2025 INVITATION FOR BID ("IFB") REPAIR SERVICES OF THE MOORING SYSTEM AT DINNER KEY MARINA AND WATSON ISLAND TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. A. Attachment B-Bid Pricing Sheet has been deleted in its entirety and is hereby replaced with Attachment B-Revised Bid Price Sheet. B. Section 2.41 Bid Bond is hereby added to the Special Conditions Section of this Solicitation: Section 2.41 Bid Bond Bid Bond or Performance Bond are not required for this Solicitation. C. Section 3.1 Specifications/Scope of Work, General Requirements, Line -Item No. 1, and Assembly of Mooring Systems, Line -Item No. 7 has been deleted in its entirety and hereby replaced with the following language: General Requirements 1. Upon the City's request, the Successful Bidder shall provide dive -log evidence and other related documentation that each dive team member has training and experience consistent with the performance requirements of the specifications stated herein. An Association of Diving Contractors International (ADC!) Certificate is acceptable training. Assembly of Mooring Systems 7. Affix three (3") industrial strength numbers to mooring balls (list of numbers will be provided by the Marina). 1 D. The following is a question received from Prospective Bidder(s) and the City of Miami's response: Q1. Is a Bid Bond required for this project? Al. Refer to Section B above. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement AP:ts c. Larry M. Spring, Jr., CPA, Assistant City Manager, Chief Financial Officer Andrew Frey, Director, Real Estate and Asset Management Thomas M. Fossler, Assistant City Attorney Yadissa A. Calderon, CPPB, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: DATE: SIGNATURE: 2 ANNIE PEREZ, CPPO Director of Procurement ARTHUR NORIEGA V City Manager ADDENDUM NO. 1 IFB 2017390 MAY 5, 2025 INVITATION FOR BID ("IFB") REPAIR SERVICES OF THE MOORING SYSTEM AT DINNER KEY MARINA AND WATSON ISLAND TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Friday, May 16, 2025, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Ge" G� .(Y . c�-GCE GeeA-e-/1i FOR (/ Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement AP:ts c. Larry M. Spring, Jr., CPA, Assistant City Manager, Chief Financial Officer Andrew Frey, Director, Real Estate and Asset Management Thomas M. Fossler, Assistant City Attorney Yadissa A. Calderon, CPPB, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: DATE: SIGNATURE: City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement IFB Number: Title: Issue Date/Time: IFB Closing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 2017390, 2 Repair Services of the Mooring System at Dinner Key Marina & Watson Island 21-APR-2025 @ 9:00 A.M. 16-MAY-2025 @ 3:00 P.M. Voluntary 23-APR-2025 @ 10:00 A.M. Virtual via Microsoft TEAMS 02-MAY-2025 @ 5:00 P.M. Soto, Teresa TSoto@miamigov.com (305)400-5024 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: FAX: EMAIL: CELL(Optional): SIGNED BY: TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE_ Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Federal Employee Identification Number (FEIN): Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/1/25). If no addendum/addenda was/were issued, please insert N/A. If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? Does Bidder have any pending lawsuits with or against the City of Miami, any of its agencies and/or instrumentalities? (Yes or No) If Yes, please list. Does Bidder have any record of criminal activities? (Yes or No) If Yes, please list. Has Bidder declared bankruptcy within the past seven (7) years? (Yes or No) If Yes, when? Does Bidder have any prior or pending litigation, either civil or criminal, involving a governmental agency, or which may affect the performance of the services to be rendered herein, in which the Bidder, any of its employees, or subcontractors is or has been involved in within the last five (5) years? (Yes or No) If Yes, please list. Reference No. 1: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation, of has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above referenced company/agency listed: Reference No. 1: Name of Contact Person, Telephone Number, and Email for above Reference No. 1: Reference No.1 : Date of Contract or Sale for above Reference No. 1: Reference No. 2: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation, or has provided such services/goods in the past: Reference No. 2: Address, City, State, and Zip for above referenced company/agency listed: Reference No. 2: Name of Contact Person, Telephone Number, and Email for above Reference No. 2: Reference No. 2: Date of Contract or Sale for above Reference No. 2: Reference No. 3: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above referenced company/agency listed: Reference No. 3: Name of Contact Person, Telephone number, and Email for above Referenced No. 3: Reference No. 3: Date of Contract or Sale for above Referenced No. 3: Invitation for Bid (IFB) 2017390 Table of Contents Terms and Conditions 1. General Conditions 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 2. Special Conditions 2.1. PURPOSE 2.2. PRE -BID CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. METHOD OF AWARD 2.6. CONDITIONS FOR RENEWAL 2.7. METHOD OF PAYMENT 2.8. BIDDER'S MINIMUM QUALIFICATIONS 2.9. REFERENCES 2.10. INSURANCE REQUIREMENTS 2.11. CURES 2.12. SUBMISSION AND RECEIPT OF BIDS 2.13. GROUP I -FEDERALLY FUNDED PROJECTS (a) INTRODUCTION (b) CITY OF MIAMI LIVING WAGE (c) LOCAL PREFERENCE (d) COMPLIANCE WITH DAVIS-BACON ACT (e) COMPLIANCE WITH THE COPELAND "ANTI -KICKBACK" ACT (f) COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS (g) EQUAL EMPLOYMENT OPPORTUNITY (h) CLEAN AIR ACT (i) FEDERAL WATER POLLUTION CONTROL ACT (j) NO OBLIGATION BY FEDERAL GOVERNMENT (k) PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (1) BYRD ANTI -LOBBYING AMENDMENT, 31. U.S.C. § 1352 (AS AMENDED) (m) PROCUREMENT OF RECOVERED MATERIALS (n) DHS. SEAL, LOGO, AND FLAGS (o) COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS (p) ACCESS TO RECORDS (q) SUSPENSION AND DEBARMENT (r) PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES (s) DOMESTIC PREFERENCE FOR PROCUREMENTS (t) AFFIRMATIVE SOCIOECONOMIC STEPS (u) LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS (v) RIGHTS TO INVENTIONS MADE UNDER CONTRACT 2.14. GROUP II — NON -FEDERALLY FUNDED PROJECTS (a) INTRODUCTION (b) LOCAL OFFICE PREFERENCE (c) LIVING WAGE ORDINANCE Invitation for Bid (IFB) 2017390 2.15. TIE BIDS 2.16. NON -APPROPRIATION OF FUNDS 2.17. PROJECT MANAGER 2.18. WARRANTY, FITNESS FOR PURPOSE 2.19. COMPLETED WORK 2.20. QUALITY OF WORK 2.21. SUPERVISION 2.22. EMERGENCY SERVICE CALL CHARGE 2.23. HOURLY LABOR RATES FOR MISCELLANEOUS SERVICES 2.24. WORKMANSHIP AND MATERIALS 2.25. DAMAGES TO PUBLIC/PRIVATE PROPERTY 2.26. SAFETY MEASURES 2.27. PUBLIC SAFETY 2.28. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS 2.29. ADDITION/DELETION OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS 2.30. FAILURE TO PERFORM 2.31. LIQUIDATED DAMAGES 2.32. USE OF PREMISES 2.33. ANTITRUST VIOLATOR VENDORS 2.34. ANTI -HUMAN TRAFFICKING 2.35. PUBLIC ENTITY CRIMES 2.36. E-VERIFY EMPLOYMENT VERIFICATION 2.37. PRIMARY CLIENT (FIRST PRIORITY) 2.38. TERMINATION 2.39. ADDITIONAL TERMS AND CONDITIONS 2.40. PARTS AT PASS THROUGH COST 2.41. BID BOND 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Invitation for Bid (IFB) 2017390 IMPORTANT NOTICE TO BIDDERS • FAILURE TO UPLOAD THE FOLLOWING DOCUMENTS WILL RENDER YOUR BID NON- RESPONSIVE: 1. CERTIFICATION STATEMENT 2. CERTIFICATION SECTION; 3. ATTACHMENT B-BID PRICE SHEET; 4. ATTACHMENT C-ANTI-HUMAN TRAFFICKING AFFIDAVIT (MUST BE NOTARIZED); AND 5. ATTACHMENT D-CERTIFICATION REGARDING LOBBYING FORM. • ALL UPLOADS SHALL BE IN THE PDF FILE FORMAT. NO OTHER FILE FORMAT WILL BE ACCEPTED BY THE CITY. • ATTACHMENT FILES SHALL BE NO MORE THAN 500MB IN SIZE EACH. SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED, SPLIT IN MULTIPLE FILES. • FOR BIDNET DIRECT TECHNICAL DIFFICULTIES AND/OR ISSUES, PLEASE CONTACT THE VENDOR SUPPORT TOLL -FREE NUMBER AT 800-835-4603, OR EMAIL BIDNET DIRECT AT SUPPORT@BIDNET.COM. Terms and Conditions 1. General Conditions Invitation for Bid (IFB) 2017390 1.1.1. General Terms and Conditions for Invitation for Bids (IFB) 1. GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) - References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-73 of the City Code. References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code. Intent: The General Terms and Conditions described herein apply to the acquisition of goods/ services with an estimated aggregate cost of $25,000.00 or more. Definition: A Formal Solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami (City) Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall remain the property of the Bidder until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order. 1.3. ACCEPTANCE/REJECTION - The City reserves the right to accept, reject any or all, or portion of responses after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the Formal Solicitation. Invitation for Bid (IFB) 2017390 1.4. ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries from prospective Bidders will be provided in the form of an Addendum. Addendum are attached in the Items & Document Section of BidNet Direct. 1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the City. 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the City's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees through and including, appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and retain any and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City. The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorporated by reference herein. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi -governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi -governmental entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Bidder/Contractor. Invitation for Bid (IFB) 2017390 1.10. AWARD OF CONTRACT - A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contract, unless modified in accordance with any ensuing Contract, or amendment. B. The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of Procurement or designee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this Contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Specifications/Scope of Work. Bidder may be found non -responsive if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder is found non -responsive, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements. D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful Bidder. These documents may either be, a Purchase Order, Notice of Award, and/or Contract Award Sheet. E. The City reserves the right to automatically extend this Contract for up to one hundred eighty (180) calendar days beyond the stated Contract term, in order to provide City departments with continual service and supplies while a new Contract is being solicited, evaluated, and/or awarded. If the right to extend is exercised, the City shall notify the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred eighty (180) day extension may occur, if, the City and the Successful Bidder/Contractor are in mutual agreement of such extensions. F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the Contract on a split -order, lump sum, individual -item basis, or such method of award in the best interest of the City, unless otherwise specified. H. A Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the minimum qualification requirements reflected herein. Invitation for Bid (IFB) 2017390 1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact banking business in Florida, or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if so indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract, as bid, if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's acceptance of award. If one hundred eighty (180) days have passed after the date of the Formal Solicitation closing date, and no Contract has been awarded, all bid deposits will be returned on demand. 1.12. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained which cannot be determined at the time of award. Award may then be made to the next lowest responsive and responsible Bidder, or all Bid responses may be rejected. 1.13. BID RESPONSE FORM - All required forms in the Formal Solicitation should be completed, signed, and submitted accordingly through the Bidnet Direct Electronic Portal, ("BidNet"). 1.14. BRAND NAMES - If, and wherever in the specifications, brand names, makes, models, names of any manufacturer, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade, or quality of goods only. When the City does not desire to rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole judge of equality, and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the proposed brand is other than specified by the City. Such samples are to be furnished after Formal Solicitation opening/closing, upon request of the City. If samples are requested by the City, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. Invitation for Bid (IFB) 2017390 When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation, before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditure that the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful Bidder/Contractor. If Successful Bidder/Contractor has been unable to recoup its capital expenditure during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder, any subcontractor, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction, or other legal or equitable proceedings, or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION - Bidder, by submitting a response, certifies that its response is made without previous understanding, agreement, or connection either with any person, firm, or corporation submitting a Bid for the same goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies that its response is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred, and the City reserves the right to reject any and all Bids where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor understands that contracts between private entities and local governments are subject to certain laws, codes, and regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes, regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental agency and/or owner of intellectual property rights as that may in any way affect the goods or services offered, including, but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. Invitation for Bid (IFB) 2017390 C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance, City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.70 to 218.79, the Prompt Payment Act. Lack of knowledge by the Successful Bidder/Contractor will in no way be a cause for relief from responsibility. Non-compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may be considered grounds for termination of Contract at the option of the City Manager. Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each Formal Solicitation once advertised and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal Solicitations for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding Formal Solicitations between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs. The provision does not apply to, among other communications: oral communications with the City Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the Formal Solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -bid conferences, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by Invitation for Bid (IFB) 2017390 email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable Formal Solicitation documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular Formal Solicitation by City Procurement staff. Bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the City Clerk's Office, which shall be made available to any person upon request. Written communications may be in the form of an e-mail, or fax with a copy to the City Clerk's Office being required. In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any award voidable. A violation by a particular Bidder, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Miami Dade County Commission on Ethics. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk's Office at 305-250-5360 or clerks@miamigov.com, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in the Sunshine (public Meetings) Act and Public Records Act. If this Contract contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST - Bidders, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in Bidder's firm. A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or others. Bidder may not disclose or use information not available to members of the general public and gained by reason of his/her position, except for information relating exclusively to governmental practices, for his/her personal, or benefit, or for the personal gain, or benefit of any other person, or business entity. Invitation for Bid (IFB) 2017390 B. Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any person, or agency acting for the City, and has not appeared in representation of any third party before any board, Commission, or agency of the City within the past two years. Bidder further warrants that he/she is not related, specifically the spouse, son, daughter, parent, brother, or sister, to: (i) any member of the Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder to immediate termination of any contract with the City, and imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this Formal Solicitation, and Bidders agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER - All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith shall be borne by the Bidder. 1.2.5. DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of not fewer than three (3) years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of City Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar/suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission. B. Causes for debarment/suspension. Causes for debarment or suspension include the following: 1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. 2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. 3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. Invitation for Bid (IFB) 2017390 4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment/suspension. 5) Debarment/suspension of the Contractual Party by any federal, state or other governmental entity. 6) False certification pursuant to paragraph C below. 7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. 8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. 9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. C. Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). D. Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said parry's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a public entity; may not submit a Response to a solicitation with a public entity for the construction or repair of a public building or public work; may not submit response on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM -The City shall be the sole judge of nonperformance, which shall include any failure on the part of the Successful Bidder/Contractor to accept the award, to furnish required documents, and/or to fulfill any portion of this Contract within the time stipulated. Upon default by the Successful Bidder/Contractor to meet any terms of a Contract, the City will notify the Successful Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days (weekends and holidays excluded) upon notification, by the City, to remedy the default. Failure by the Invitation for Bid (IFB) 2017390 Successful Bidder/Contractor to correct the default within the required three (3) days, shall result in the Contract being terminated upon the City notifying in writing the Successful Bidder/Contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract, and/or within the time required, or failing to use the subcontractors, entities, and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful Bidder/Contractor incapable of performing the work in accordance with, and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default, or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due, or which may become due on this Contract to the Successful Bidder/Contractor. 1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A.Responsive Bid is one which follows the requirements of the Formal Solicitation, includes all documentation, is submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Bid non -responsive. B. Determination of Responsibility. A Responsible Bidder shall mean a Bidder who has submitted a Bid and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. Invitation for Bid (IFB) 2017390 1) Bids will only be considered from any person or firm who are regularly engaged in the business of providing the good(s)/service(s) required by the Formal Solicitation. Bidder must be able to demonstrate a satisfactory record of performance and integrity, and have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. 2) The City may consider any information available regarding the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City or any other governmental entity, in making the award. 3) The City may require the Bidder(s) to provide documentation that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts, off the original prices quoted in the Response, will be accepted from Successful Bidder/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to Successful Bidder/Contractor will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department. Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (Contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence. Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (if applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. Invitation for Bid (IFB) 2017390 1.32. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any, made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the City and Successful Bidder/Contractor. 1.33. ESTIMATED QUANTITIES - Estimated quantities or dollars are provided for the Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government, quasi -government or non-profit entities utilizing this Contract. No guarantee is expressed or implied as to quantities that will be purchased during the Contract period. The City is not obligated to place an order for any given amount subsequent to the award of the Contract. Said estimates may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES - A. Rejection of Bids. The City may reject a Bid for any of the following reasons: 1) Bidder fails to acknowledge receipt of addenda; 2) Bidder misstates or conceals any material fact in the Bid; 3) Bid does not conform to the requirements of the Formal Solicitation; 4) Bid requires a conditional award that conflicts with the method of award; 5) Bid does not include required samples, certificates, licenses; and, 6) Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re -advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City. B. Elimination from Consideration. 1) A Bid Contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A Bid Contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or failed to deliver on time, under contracts of a similar nature. 3) A Bid contract may not be awarded to any person or firm who has been debarred by the City, in accordance with the City's Debarment and Suspension Ordinance (Section 18-107), or is currently debarred by the State of Florida or any political subdivision, or is on the convicted vendor's list per Section 287.133, Florida Statutes. Invitation for Bid (IFB) 2017390 1.35. EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions to the General Terms and/or Special Conditions shall be cause for a Bid to be considered non- responsive. 1.36. Freight on Board (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid. 1.37. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance, or resulting purchase orders, or Bid Contracts. 1.38. FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves the right to request and the Successful Bidder/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017, by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. Please see provisions in Attachment A. Invitation for Bid (IFB) 2017390 If a solicitation requires services effective on January 1, 2017, Contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits, or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of the Bid Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any way, the expressed terms and conditions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm, or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI), and/or Protected Health Information (PHI), shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami Privacy Standards. HIPAA mandates for privacy, security, and electronic transfer standards, which include, but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; E. Making PHI available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and Invitation for Bid (IFB) 2017390 H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (i.e., paper records, and/or electronic transfer of data). The Successful Bidder/Contractor must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION -Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this Contract. The Successful Bidder/Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder/Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder/Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract. Invitation for Bid (IFB) 2017390 Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder/Contractor. 1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS) as required, covering the products offered. Reference to literature submitted with a previous bid, or on file with the City, will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful Bidder's/Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Successful Bidder/Contractor, under the Bid Contract conform to the terms and conditions of the Formal Solicitation. Successful Bidder/Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-101) City Code, as same may be amended or supplemented, from time to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45. INSPECTION OF BID - Bids 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 results will be tabulated and may be furnished upon request, via fax or e-mail, to the City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's website following a recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder/Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Successful Bidder/Contractor fails to submit the required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days after receipt of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305- 416-1384. Invitation for Bid (IFB) 2017390 The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and extensions that may be exercised by the City. 1.47. INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order number and description of goods and/or services delivered (i.e., quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non - local Bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award shall be made to the local Bidder." 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder/Contractor shall bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable, shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as applicable. 1.51. MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly -situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local government. 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other appropriate testing laboratories as determined by the City. The data derived from any test for compliance with specifications is public record, and open to examination thereto in accordance with Invitation for Bid (IFB) 2017390 Chapter 119, Florida Statutes. Items delivered, not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's expense. The non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all re -procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above stipulations may also result in the Successful Bidder/Contractor being removed from the City's supplier's list. 1.54. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT — Successful Bidder/Proposer/Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Successful Bidder/Proposer/Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Successful Bidder/Proposer/Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Successful Bidder/Proposer/Contractor affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under the Formal Solicitation. Furthermore, Successful Bidder/Proposer/Contractor affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Successful Bidder/Proposer/Contractor shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve in the City's best interest, the City reserves the right to advertise for, receive, and award additional contracts for the goods and/or services described herein, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance with the applicable provisions of the City of Miami Procurement Ordinance. It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the Successful Bidder(s)/Contractor(s) to receive all orders that may be generated by the City, in conjunction with the Formal Solicitation. In addition, any and all goods, and/or services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under the Formal Solicitation, unless such purchases are determined to be in the best interest of the City. Invitation for Bid (IFB) 2017390 1.56. NOTICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer understands that non -responsive Bids will not be evaluated. 1.57. OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any person, firm, corporation, or joint venture, with a business location within the City's municipal boundaries and is submitting a Bid under the Formal Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt must be submitted with the Bid; however, the City may, in its sole discretion, and in its best interest, allow the Bidder to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but prior to award. A Certificate of Use ("CU") will be required if applicable under City regulations. 1.58. ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation. 1.59. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties, that any documents, records, files, or any other matter whatsoever, which is given by the City to the Successful Bidder/Contractor, pursuant to the Formal Solicitation shall at all times remain the property of the City, and shall not be used by the Successful Bidder/Contractor for any other purposes whatsoever, without the written consent of the City. 1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any extent be held invalid, then the remainder of the Bid Contract or, the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law. Invitation for Bid (IFB) 2017390 1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law and be in a form acceptable to the City of Miami Risk Management Director. 1.62. PREPARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print type or manually enter the name all requested information, sign and upload the Certification Statement. B. If so required, the unit price for each unit offered, shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises, unless otherwise specified. Bidder shall include in their Bid all taxes, insurance, social security (if applicable), workmen's compensation, and any other benefits normally paid by the Bidder to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will prevail. C. The Bidder must state a definite time, if required, in calendar days, for delivery of goods and/or services. D. The Bidder should retain a copy of all response documents for future reference. E. All Bids, as described, must be fully completed and typed, or printed in ink and must be signed in ink with the Bidder's name, and by an officer or employee having authority to represent the Bidder by their signature. Bids having any erasures or corrections, must be initialed in ink by person signing the Bid or the Bid may be rejected. F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion. G. The City 's Bid Forms shall be used when Bidder is submitting its Bid. Use of any other forms will result in the rejection of the Bid. 1.63. PRICE ADJUSTMENTS - Any price decrease effectuated during the Bid Contract period, either by reason of market change, or on the part of the Successful Bidder/Contractor to other customers shall be passed on to the City. Invitation for Bid (IFB) 2017390 1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Bid Contract, the Successful Bidder/Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery, and that the new product meets or exceeds all quality requirements. 1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Successful Bidder/Contractor represents and warrants to the City, that it has not employed, or retained any person, or company employed by the City to solicit or secure the Bid Contract and that the Successful Bidder/Contractor has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon, or in connection with, the award of the Bid Contract. 1.66. PROMPT PAYMENT - Bidders may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent (2%), 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidder(s) during the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable. 1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current market value, less depreciation of the property, if any. 1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resultant Bid Contract, all covenants, conditions and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns. Invitation for Bid (IFB) 2017390 1.69. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list, following a conviction for a public entity crime may not: A. Submit a Bid to provide any goods or services to a public entity. B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work. C. Submit responses on leases of real property to a public entity. D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.70. PUBLIC RECORDS - Successful Bidder/Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access by the City and the public, to all documents subject to disclosure under applicable law. Successful Bidder/Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. Invitation for Bid (IFB) 2017390 E. All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS(a,MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. Successful Bidder/Contractor's failure or refusal to comply with the provision of this Section shall result in the immediate cancellation of the Bid Contract by the City. 1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the manufacturing, or construction of supplies, or materials, covered by the Formal Solicitation shall be new. The items bid shall be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in the Formal Solicitation. 1.72. QUALITY OF WORK/SERVICES - The work/services performed shall be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality, except as otherwise specified in the Formal Solicitation. 1.73. REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid award shall be cancelled and all bids rejected by the City Commission, the City Manager, or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74. RESOLUTION OF CONTRACT DISPUTES (SECTION 18-105): A.Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall have the authority to resolve disputes between the Successful Bidder/Contractor and the City which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. B.Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the Invitation for Bid (IFB) 2017390 protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104): (a)Right to protest The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing. (1) Protest of solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. (2) Protest of award. a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the proposer of the notice of the city manager's recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the bidder of the notice of the city's determination of non -responsiveness or non -responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer. Invitation for Bid (IFB) 2017390 c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days after the date the notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b)Authority to resolve protests; hearing officer(s). Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis. Invitation for Bid (IFB) 2017390 (2) Right of protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Invitation for Bid (IFB) 2017390 Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. The decisions of the hearing officer are final in terms of city decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section. (d)Stay of procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection (b) above, unless the city manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. Invitation for Bid (IFB) 2017390 (f)Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the chief procurement officer and/or the city commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629, § 2, 9-8-16) 1.76. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, Bidder(s) will be notified by the City to remove such samples, at Bidder's expense, within 30 days after notification. Failure to remove the samples will result in such samples becoming the property of the City. 1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Successful Bidder/Contractor shall not sell, assign, transfer, or subcontract at any time during the term of the Contract, the Contract itself, or any portion thereof, or any part of its operations, or assign, sell, pledge, dispose, convey, or encumber any portion of the performance required by this Bid Contract, except under, and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.78. SERVICE AND WARRANTY - When specified, the Bidder shall define all warranty, service, and replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder's response. 1.79. SILENCE OF SPECIFICATIONS - The apparent silence of the scope of work/specifications, and any supplemental scope of work/specification as to any detail or the omission from it, of detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials of first quality and correct type, size, and design shall be used. All workmanship and services shall be first quality. All interpretations of the scope of work/specifications shall be made upon the basis of this statement. If Bidder has a current contract with the State of Florida, Department of General Services, to supply the items in the Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of the Bid. Invitation for Bid (IFB) 2017390 1.80. SUBMISSION AND RECEIPT OF BIDS - Electronic Bid submittals to this IFB are to be submitted through BidNet Direct Electronic Bidding System (`BidNet") until the date and time as indicated in the Solicitation. The responsibility for submitting a Bid on/or before the stated closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Bids received and time stamped through BidNet, prior to the Bid submittal deadline, shall be accepted as a timely submittal and anything thereafter will be rejected. Additionally, BidNet will not allow for the electronic Bid submittal after the closing date and time has lapsed. Bids will be opened promptly at the time and date specified. All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith, shall be borne by the Bidder(s). Accordingly, Bidder(s): 1. Must register, free of charge, with BidNet Electronic Bidding System ("BidNet") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via BidNet. The use of any other forms and/or the modification of City forms will result in the rejection of the Bidder's Bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply with these requirements may cause the Bid to be rejected. 5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE BID NON -RESPONSIVE. 6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation. 1.81. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders should be aware that all materials and supplies that are purchased by the Bidder for the completion of the Bid Contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended, and all amendments thereto, and shall be paid solely by the Bidder. 1.82. TERMINATION - The City Manager, on behalf of the City, reserves the right to terminate the Bid Contract by written notice to the Successful Bidder/Contractor effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder/Contractor is determined by the City, to be in breach of any of the terms and conditions of the Bid Contract. Invitation for Bid (IFB) 2017390 B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid Contract for its own convenience; C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been received, inspected, and found to comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be made after delivery, within forty-five (45) days of receipt of an invoice, and authorized inspection and acceptance of the goods/services, and pursuant to Section 218.74, Florida Statutes, and other applicable law. 1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of the Formal Solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless otherwise specified in the Special Conditions. 1.85. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods or used the goods, whichever comes first. 1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids submitted to the City are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Bid contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119, must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with Bidder's name, the Formal Solicitation number, and title marked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and hold harmless the City for any award to a plaintiff for damages, costs, or attorney's fees and for costs and attorney's fees, incurred by the City, by reason of any legal action challenging Bidder's claim. 1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful Bidder's/Contractor's employee(s) not otherwise previously authorized. 1.88. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion, or other publicity materials containing information obtained from the Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from the City Manager, or the City Commission. Invitation for Bid (IFB) 2017390 1.89. VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Bidder(s) must indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how slight. If variations, are not stated on their Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of work/specifications. Invitation for Bid (IFB) 2017390 2.Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract for repair services for the Mooring System off Dinner Key Marina and Watson Island, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2. PRE -BID CONFERENCE A Virtual Voluntary pre -bid conference will be held on Wednesday, April 23, 2025 at 10:00 A.M. via Teams Join the meeting now or via phone +1 786-598-2961, ID: 947 521 212# . A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Bid, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the IFB will be included in an addendum, that will be distributed through Bidnet Direct, following the Pre -Bid Conference to all the attendees. Because the City considers the Pre -Bid Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the BidNet Direct Portal. All questions must be received no later than Friday, May 2, 2025 at 5:00 P.M. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the option to renew for two (2) additional two (2) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative, not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. METHOD OF AWARD Award of this Contract will be made to the lowest responsive and responsible Bidder who bids on all line items as specified herein on a Group basis: Group I: Federally Funded Projects and Group II: Non - Federally Funded Projects. Bidders can bid on one group or both. 2.6. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds Invitation for Bid (IFB) 2017390 2.7. METHOD OF PAYMENT Full payment will be made upon receipt and acceptance of a complete unit. No down or partial payments will be made. 2.8. BIDDER'S MINIMUM QUALIFICATIONS Bids will only be considered from firms that are regularly engaged in the business of providing continuous services as described in this Bid. The Bidder(s) shall: 1. Have a minimum of three (3) consecutive years providing said services with the same Federal Employee Identification Number (FEIN); 2. Submit signed Certification Statement and Certifications Section; 3. Submit Attachment B-Bid Price Sheet; 4. Sign, notarize, and upload Attachment C-Anti-Human Trafficking Affidavit; 5. Submit signed Attachment D — Certification Regarding Lobbying form; 6. Submit three (3) references, as listed in the Certifications Section, evidencing the minimum three (3) consecutive years' experience in the services herein; 7. Have sufficient financial support, and equipment to ensure that they can satisfactorily provide the goods and/or services if awarded a contract compliant with the terms and conditions herein; 8. Have never filed for bankruptcy, be in sound financial condition, have no record of civil litigation or pending lawsuits involving criminal activities or a moral turpitude, and shall not have conflicts of interest with the City; and 9. Not have any member, principal, officer, or stockholder who is in arrears or in default of any debt or contract involving the City, is a defaulter or surety upon any obligation to the City, and/or has failed to perform faithfully any contract with the City. Failure to submit signed Certification Statement, Certifications Section with references, Attachment B-Bid Price Sheet, Attachment C-Anti-Human Trafficking Affidavit, and Attachment D — Certification Regarding Lobbvin2 form, with your bid submittal, shall render your bid non- responsive. 2.9. REFERENCES Each bid must be accompanied by three (3) references as reflected in the Certifications Section. which shall include the name of the name of the company, dates of contract, a contact person, the telephone number, and email. The Bidder may only use one (1) department as a reference from each entity. This is reflected in the Certifications Section of this Solicitation. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.10. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder(s) shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, Invitation for Bid (IFB) 2017390 recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder(s) and persons employed or utilized by Successful Bidder(s) in the performance of this Contract. Successful Bidder(s) shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder(s) shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder(s) to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder(s), or persons employed or utilized by Successful Bidder(s). These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder(s) shall require all subcontractor agreements to include a provision that each sub- contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder(s) agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder(s) in which the City participated either through review or concurrence of the Successful Bidder(s)'s actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s) or sub -contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder(s). Refer to the Insurance Addendum for insurance definitions, requirements, and conditions. The Successful Bidder(s) shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Worker's Compensation • A. Limits of Liability Statutory - State of Florida Waiver of Subrogation Invitation for Bid (IFB) 2017390 USL&H Endorsement Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit (2) Marine General Liability: A. Limits of Liability Bodily Injury and Property Damage Liability — Each Occurrence: General Aggregate Limit: Products and Completed Operations: Personal and Advertising Injury: $1,000,000 $2,000,000 $1,000,000 $1,000,000 B. Endorsements Required: City of Miami included as an Additional insured Contingent and Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement (3) Automobile Liability (Owned, Hired and Non -Owned Autos) Each Accident- $1,000,000 B. Endorsements Required: City of Miami included as an Additional Insured (4) Protection and Indemnity Liability A. Limits of Liability Each Occurrence City of Miami as an additional insured Jones Act Included $1,000,000 Invitation for Bid (IFB) 2017390 (5) Umbrella Liability Bodily Injury and Property Damage Liability Each Occurrence $2,000,000 Aggregate $2,000,000 City of Miami listed as additional insured. Coverage is excess over the general liability and auto policies (6) Hull and Machinery/Mobile Equipmentper declared value (7) Pollution Liability Each Occurrence Policy Aggregate City of Miami listed as additional insured $1,000,000 $1,000,000 The above policies shall provide the City of Miami with written notice of cancellation in accordance with policy provisions. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful Bidder(s). All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Bidder(s) of their liability and obligation under this section or under any other section of this Agreement. - -If insurance certificates are scheduled to expire during the contractual period, the Successful Bidder(s) shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. - -In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the Contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. (2) The City may, at its sole discretion, terminate this Contract for cause and seek re -procurement damages from the Successful Bidder(s) in conjunction with the General and Special Terms and Conditions of the Bid. Invitation for Bid (IFB) 2017390 The Successful Bidder(s) 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(s). The City reserves the right to request copies of all insurance policies associated with this agreement, including any, and all applicable policy endorsements. 2.11. CURES Please refer to Section 1.56 Notice Regarding "Cures" of the General Terms and Conditions of this solicitation. 2.12. SUBMISSION AND RECEIPT OF BIDS Please refer to Section 1.80, Submission and Receipt of Bids of the General Terms and Conditions of this solicitation. 2.13. GROUP I — FEDERALLY FUNDED PROJECTS (a) INTRODUCTION This section applies to all projects funded with Federal Dollars. (b) CITY OF MIAMI LIVING WAGE ORDINANCE Living Wage Ordinance as stated in Section 1.38, Florida Minimum Wage and City of Miami Living Wage Ordinance does not apply to this section. (c) LOCAL OFFICE PREFERENCE Local Office Preference in Section 1.48 of the General Terms and Conditions of this IFB does not apply to this Section. (d) COMPLIANCE WITH THE DAVIS-BACON ACT 1. All transactions regarding this contract shall be done in compliance with the Davis -Bacon Act (40 U.S.C. 3141— 3144, and 3146 — 3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractors shall comply with 40 U.S.C. 3141— 3144, and 3146 — 3148 and the requirements of 29 C.F.R. pt. 5 as applicable. 2. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. 3. Additionally, contractors are required to pay wages not less than once a week. (e) COMPLIANCE WITH THE COPELAND "ANTI -KICKBACK" ACT 1. The contractor shall comply with 18 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2. The contractor or subcontractor shall insert in any subcontractors the clause above and such other clauses as the FEMA may be appropriate instructions required, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. Invitation for Bid (IFB) 2017390 3. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (f) COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS 1 Overtime Requirements: No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 2. Violation: liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (1) of this section, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 4. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (1) through (4) of this section. (g) EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: 1. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause Invitation for Bid (IFB) 2017390 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer or is consistent with the contractor's legal duty to furnish information. 4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Invitation for Bid (IFB) 2017390 The City of Miami further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of the City which does not participate in work on or under the contract. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon (h) CLEAN AIR ACT 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (i) FEDERAL WATER POLLUTION CONTROL ACT 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (j) NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. (k) PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's action pertaining this contract. Invitation for Bid (IFB) 2017390 (1) BYRD ANTI -LOBBYING AMENDMENT, 31. U.S.C. § 1352 (AS AMENDED) Bidders who bid for an award of $100,000 or more shall file the required certification. Eachtier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer, or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that take place in connection with obtaining any Federal award. Such disclosures are forwarded form tier to tier to the recipient. (m) PROCUREMENT OF RECOVERED MATERIALS 1. In the performance of this contract, the contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance schedule; c. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designated items, is available at EPS's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 3. The contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. (n) DHS. SEAL, LOGO, AND FLAGS The contractor does not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. (o) COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. (p) ACCESS TO RECORDS 1. The contractor agrees to provide the City of Miami, (Project Manager), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2. The contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. The contractor agrees to provide the FEMA Administrator or their authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. Invitation for Bid (IFB) 2017390 (q) SUSPENSION AND DEBARMENT 1. This contract is a covered transaction for the purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 2. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower -tier transaction it enters into. 3. This certification is a material representation of fact relied upon by City of Miami. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4. The contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. (r) PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OF SERVICES 1. Funds are prohibited from being used to: a. Procure or obtain; b. Extend or renew a contract to procure or obtain; or c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component or any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. For the purposes of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence of the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 2. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administrating loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment services, and to ensure that communications service to users and customers is sustained. Invitation for Bid (IFB) 2017390 3. See Public Law 115-232, section 889, and 2 C.F.R. § 200.471 for additional information. (s) DOMESTIC PREFERENCE FOR PROCUREMENTS 1. This contract includes a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). a. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. b. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. If funds are for an infrastructure project the contract is subject to the terms and conditions of the Buy America Act preferences in 2. C.F.R. pt. 184. (t) AFFIRMATIVE SOCIOECONOMIC STEPS If subcontractors are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (u) LICENSE AND DELIVERY OR WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS The contractor grants to the City of Miami, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For date required by the contract but not first produced in the performance of this contract, the contractor will identify such data and grant to the City of Miami or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the contractor will deliver to the City of Miami data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City of Miami. (v) RIGHTS TO INVENTIONS MADE UNDER CON TRACT If the FEMA award meets the definition of "funding agreement"; under 37 C.F.R. 401.2(a) and the City entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement", the City must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. Invitation for Bid (IFB) 2017390 2.14. GROUP II — NON -FEDERALLY FUNDED PROJECTS (a) INTRODUCTION This section applies to all projects that are non -federally funded. (b) LOCAL OFFICE PREFERENCE Proposers/Bidders wishing to apply for the local office preference shall comply with the General Terms and Conditions, Section 1.48 Local Preference of this solicitation and with Section 18-73 of the City of Miami Procurement Code, titled "Definitions", and shall submit with the Proposal or Bid at the time of the Proposal/Bid due date the following: • • • Completion and submission of the attached City of Miami Local Office Certification Form; Submission of a copy of the Proposer's/Bidder's lease documents at the location being deemed a City of Miami Local Office; Submission of a City of Miami Business Tax Receipt; Submission of a Miami Dade County Business Tax Receipt; and Submission of a copy of the license, certificate of competency, and certificate of use that authorizes the performance of the Proposer/Bidder. (c) LIVING WAGE ORDINANCE Living wage ordinance applies for all non -federally funded projects as stated in Section 1.38 Florida Minimum Wage and City of Miami Living Wage Ordinance, Subsection B. City of Maimi Living Wage Ordinance. THE FOLLOWING SPECIAL CONDITIONS ARE APPLICABLE TO BOTH GROUPS: GROUP I — FEDERALLY FUNDED PROJECTS AND GROUP II —NON-FEDERALLY FUNDED PROJECTS 2.15. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy ofthe statement specified in subsection (1). Invitation for Bid (IFB) 2017390 (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.16. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this Contract, then the City, upon written notice to the Successful Bidder of such occurrence, shall have the unqualified right to terminate the Contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.17. PROJECT MANAGER Upon award, Successful Bidder(s) shall report and work directly with Thomas Nesbitt, Marinas Manager Assistant or designee, who shall be designated the Project Manager for the City of Miami. 2.18. WARRANTY, FITNESS FOR PURPOSE The Successful Bidder warrants the materials supplied and the work performed under this Contract conform to warranty materials provided and work performed for one (1) year from date of completion. In addition, all other warranties that may be supplied by the Successful Bidder, the Successful Bidder shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirements shall remain in force for the full one (1) year period, regardless of whether the Successful Bidder is under Contract with the City at the time of any defect. Any payment by the City on behalf of the goods or services received from the Successful Bidder does not constitute a waiver of these warranty provisions. The Successful Bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5) calendar days after the City notifies the Successful Bidder or such deficiency in writing. If the Successful Bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified in the notice, the City may, at its discretion, notify the Successful Bidder, in writing, that the Successful Bidder may be debarred as a City Bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten (10) calendar days or receipt of this notice. If the Successful Bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the Bidder in default of its contract, and/or (b) procure the products or services from another vendor and charge the Successful Bidder for any additional costs that are incurred by the City for this work or items, either through a credit memorandum or through invoicing. Invitation for Bid (IFB) 2017390 2.19. COMPLETED WORK The City shall be notified by the Successful Bidder upon completion of work. The City shall inspect and approve completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Successful Bidder at no additional charge to the City. 2.20. QUALITY OF WORK All work shall be performed using superior maintenance standards and techniques. The frequencies established for repetitive maintenance tasks are minimum frequencies, which must be increased if deemed necessary and requested by the City. 2.21. SUPERVISION The Successful Bidder shall employ a competent supervisor, at no additional cost to the City, who shall be in charge of project and monitor the quality of the work and performance of the Successful Bidder's personnel during the progress of the project. The supervisor shall be the primary representative for the Successful Bidder and all communications given to and all decisions made by the supervisor shall be binding to the Successful Bidder. Notwithstanding, the supervisor shall be considered to be, at all times, an employee of the Successful Bidder under its sole direction and not an employee or agent of the City of Miami. 2.22. EMERGENCY SERVICE CALL CHARGE The Successful Bidder shall provide the Project Manager or designee, with afterhours emergency service call charge to cope with an emergency situation which threatens public health and safety, as determined by the City. The Successful Bidder shall be immediately available via a twenty-four (24) hour, seven (7) days a week phone service. It is expected that non-scheduled requests for services (emergency calls, etc.) shall be responded to within forty-eight (48) hours after being contacted by the Project Manager or designee. The Successful Bidder shall ensure that the Project Manager or designee has the telephone numbers of all employees assigned, or who would be called to the facility, and the designated employee shall be directed to respond to direct calls from the Project Manager or designee. The cost of after-hours emergency service call charge should include mobilization, vessel transportation (from the Successful Bidder's location to Dinner Key Marina and Mooring Facility), and any other indirect costs not associated with mooring inspections or miscellaneous work performed done by the hourly labor rate. Notes: 1. Any work that is scheduled in advance by the City with the Successful Bidder will not be eligible for this charge; and 2. Emergency response time will be forty-eight (48) hours or less. Invitation for Bid (IFB) 2017390 2.23. HOURLY LABOR RATES FOR MISCELLANEOUS SERVICES The hourly labor rates for miscellaneous services will be applied for any additional work outside of regularly scheduled inspections and/or additional services. The Successful Bidder shall provide hourly labor rate per person for miscellaneous services related to, but not otherwise covered in this solicitation. The miscellaneous services shall be performed on an as needed basis, scheduled weeks in advance and the emergency service call charge will not be applicable. Whenever the miscellaneous service hourly rate is utilized outside of regularly scheduled inspections or additional services requested, the Successful Bidder may charge for a full days' work (eight (8) hours) times the number of divers used. Hourly Labor Rates are as follows: Hourly Labor Rate I -Regular Hourly labor rate for miscellaneous services per person, 8:00 AM - 5:00 PM, Monday -Friday Hourly Labor Rate H- Overtime Hourly labor rate for miscellaneous services per person, Weekends and Holidays, 8:00 AM - 5:00 PM 2.24. WORKMANSHIP AND MATERIALS All parts installed and materials used in performance of this Contract shall be new and unused, of current design or manufacture. Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of the highest quality and shall conform to all applicable Building Codes, so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship. 2.25. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder(s), at their expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.26. SAFETY MEASURES Successful Bidder(s) shall take all necessary precautions for the safety of employees and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by their operation and work in progress must be posted. Successful Bidder(s) shall provide adequate barriers, flag person, traffic cones, signs and/or warning devices during the performance of the contract. All employees of Successful Bidder(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. Equipment remaining on site shall be locked Invitation for Bid (IFB) 2017390 and secure. All hand tools shall be removed daily from the site. Successful Bidder(s) shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. Any damage to public or private property as the result of operations of the Successful Bidder(s), shall be the sole responsibility of the Successful Bidder(s) and shall be repaired by the Successful Bidder(s), their forces, or their selected personnel, within a reasonable length of time (not to exceed one month from the date damage was done), to the satisfaction of the Project Manager, or designee. 2.27. PUBLIC SAFETY The Successful Bidder(s) shall conduct their work so as to interfere as little as possible with private business or public travel. The Successful Bidder(s) shall, at their own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and the Successful Bidder(s) shall be liable for all damages occasioned in any way by their actions or neglect or that of its agents or employees. The Successful Bidder(s) shall meet the following noise abatement performance standards for all construction equipment: Between the hours of 7:00 A.M. and 10:00 P.M. noise levels shall not exceed 65 dBA at the nearest residential or commercial property line. Operation of equipment should be avoided between the hours of 10:00 P.M. and 7:00 A.M., but if required, the noise level shall not exceed 65 dBA. 2.28. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The Successful Bidder hereby acknowledges and agrees that all materials/products, except where recycled content is specifically requested, supplied by the Successful Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to the City by the Successful Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the order and return such materials/products to the Successful Bidder to replace the materials/products at the Successful Bidder's expense. 2.29. ADDITION/DELETION OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS Although this Solicitation identifies specific facilities/products/items/services/suppliers, it is hereby agreed and understood that any facility/product/item/service/supplier may be added/deleted to/from this Contract at the option of the City. When an additional facility/product/item/service to the Contract is required, the supplier shall be invited to submit price quotes for these new facilities/products/items/services. If these prices are not competitive or not carried, the City maintains the right to add additional suppliers to the Contract to carry those items required. If these quotes are comparable with market prices offered for similar facilities/products/items/services, they shall be added to the Contract, whichever is in the best interest of the City, and an amendment and a separate purchase order shall be issued by the City. Invitation for Bid (IFB) 2017390 2.30. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s) or authorized representative(s) and/or should remedial action not be taken within twenty-four (24) hours on any failure to perform, the City reserves the right to declare Successful Bidder(s) in default of the contract or make appropriate reductions in the contract payment or terminate the contract for cause. 2.31. LIQUIDATED DAMAGES Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated shall result in liquidated damages being assessed. The Successful Bidder shall be subject to an assessment of liquidated damages in the amount of $100.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of the contract), as compensation due to the City for loss of use and for additional costs incurred by the City due to such noncompletion of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder under this agreement or to invoice the Successful Bidder for such damages if the costs incurred exceed the amount due to the Successful Bidder. 2.32. USE OF PREMISES The Successful Bidder shall confine their equipment, apparatus, the storage of materials, and the operation of their workmen to the limits indicated by law, ordinances, permits, or direction of the Project Manager or designee, and shall not unreasonably encumber the premises with their materials. The Successful Bidder shall take all measures necessary to protect their own materials. 2.33. ANTITRUST VIOLATOR VENDORS A person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 2.34. ANTI -HUMAN TRAFFICKING The Bidder confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Bidder shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as "Anti -Human Trafficking Affidavit". If the Successful Bidder fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Successful Bidder for any additional compensation or for any consequential or incidental damages. Please refer to Item & Documents Section of BidNet for Attachment C - Anti -Human Trafficking Affidavit. It is MANDATORY for the Bidders to return this form signed along with their bid. Failure Invitation for Bid (IFB) 2017390 to complete, sign and upload Attachment C - Anti -Human Trafficking Affidavit may render your bid non -responsive. 2.35. PUBLIC ENTITY CRIMES To be eligible for award of a contract, firms wishing to do business with the City must comply with Section 287.133(2)(a) of the Florida Statutes, which provides that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO, as defined by Section 287.017(2) of the Florida Statutes, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 2.36. E-VERIFY EMPLOYMENT VERIFICATION Successful Bidder shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by any Successful Bidder of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Successful Bidder knowingly employs unauthorized aliens, such violation shall be cause for termination of the Contract. Furthermore, the Successful Bidder agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e-verify.uscis.gov/emp , to verify the employment eligibility of all employees during the term of this Contract. The Successful Bidder shall also include a requirement in subcontracts that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. 2.37. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.38. TERMINATION A. FOR DEFAULT If Successful Bidder(s) defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder(s) was not in default or (2) the Successful Bidder(s)'s failure to perform is without their or their Subcontractor's control, fault, or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. Invitation for Bid (IFB) 2017390 B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami, the Successful Bidder(s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, for the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.39. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 2.40. PARTS AT PASS THROUGH COST The cost of all parts associated with any repairs will be at a pass -through cost to the City of Miami. Successful Bidder shall submit purchase receipt of parts along with labor invoice for payment. Successful Bidder shall be responsible for sourcing all parts necessary to complete the work requirements of each job specifications of this Contract. All equipment and materials shall be commercial quality and grade and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment shall not be used as replacements. 2.41. BID BOND Bid Bond or Performance Bond are not required for this project. Invitation for Bid (IFB) 2017390 3. . Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK City of Miami's ("City's") Department of Real Estate and Asset Management ("DREAM") is seeking bids from qualified firms to build, install, maintain, and replace the StormSoft equipped mooring system at the City of Miami Mooring Fields, twice per year, May and November, in accordance with the specifications set forth herein. The City's two hundred fifty (250) vessel mooring facility lies just offshore from Dinner Key Marina, located at 3400 Pan American Drive, Miami, Florida 33133 and the one hundred (100) vessel mooring facility from the Watson Island Mooring Field, located at 1050 MacArthur Causeway, Miami, FL 33133. The facility features moorings constructed of high -quality steel helix anchors coupled with Helmken StormSoft upline/buoy systems designed to safely accommodate vessels up to 60' ft. The facility accepts transient and long-term moorage customers, offers a variety of services and amenities, including: 1. Harbormaster's Office & Lounge; 2. Restrooms that include showers, 3. Laundry facilities; 4. Dinghy dock with customer shuttle vessel service; 5. Vehicle & bicycle parking; and 6. Trash pickup and recycling. The facility will accept only seaworthy vessels, properly titled and registered, in full compliance with Federal, State, and Local Maritime Laws and Regulations. Specifications of Parts 1. Helmken heavy duty anchor head (HUB) with bolt; 2. 1 I/4" x 10' StormSoft elastic down line, fully rigged with u/w float; 3. 24" white mooring buoy with blue stripe and bumper and thru-rod system with all parts; 4. 1" x 8'3" strand nylon pennant line with white plastic Sea -Dog thimble and orange float 4 1/2" OD, 3 1/2" OAL, 7/8" ID on one end and 1" heavy duty galvanized thimble on other end, sleeve pennant line with white fire hose; 5. 7/8" hot dip galvanized safety bolt anchor shackle with stainless steel cotter pin; 6. 5/8" hot dip galvanized safety bolt anchor shackle with stainless steel cotter pin; and 7. 1" hot dip galvanized safety bolt anchor shackle with stainless steel cotter pin; 8. HDPE thimble; 9. Buoy through rod; 10. 1" eye -to -eye swivel; 11. Small pennant float; and 12. Cotter pin and rubber tape/heat shrink. Invitation for Bid (IFB) 2017390 General Requirements 1. Upon the City's request, the Successful Bidder shall provide dive -log evidence and other related documentation that each dive team member has training and experience consistent with the performance requirements of the specifications stated herein. An Association of Diving Contractors International (ADCI) is acceptable training; 2. Provide a suitable dive vessel, and all necessary diving equipment to meet all government regulations of the United States Coast Guard (USCG), and the Occupational Safety Hazard Administration (OSHA), 29CFR Part 1910 Subpart T-Commercial Diving Operations; 3. Clean, inspect and repair mooring units including the anchor hubs at the Dinner Key Marina, located at 3400 Pan American Drive, Miami, FL 33133; Watson Island Mooring Field, and any future mooring fields operated by the City of Miami; 4. Coordinate with the Project Manager or designee and adhere closely to the agreed schedule, or liquidated damages may be assessed; 5. Provide all data regarding the current condition of the mooring units to the Project Manager or designee; 6. Complete all diving operations according to applicable commercial diving regulations and standards. This includes compliance with OSHA Commercial Diving Standards, 29 CFR 1910 Subpart T, the USCG Commercial Diving Regulations Subchapter V-Marine Occupational Safety, and Title 46 CFR 197, Subpart B-Commercial Diving Operations; 7. Conduct detailed inspections of the anchor head, underwater buoy, StormSoft down line, pennant line, all shackles, swivels, splices, thimbles, and mooring buoys; 8. Clean the area around for inspection purposes only and inspect mooring system wear points; and 9. Provide a detailed inspection digital report, covering all of the specifications stated herein. The report shall be submitted to the City no later than fifteen (15) days after the completion of the inspections. Assembly of Moorin2 Systems 1. Attach bottom of Down Line to anchor hub using 7/8" Safety Bolt Shackle; 2. Attach top of Down Line to bottom of 1" Eye to Eye swivel using 1' Safety Bolt Shackle; 3. Attach Pennant Line to top of 1" Eye to Eye swivel using 7/8" Safety Bolt Shackle; 4. Attach Mooring Ball to top of 1" Eye to Eye swivel using 5/8" Safety Bolt Shackle; 5. Attach 8" black rubber topper to top of Mooring Ball Thru-Rod System; 6. Affix heat shrink over cotter pin on end of Safety Bolt Shackles; and 7. Affix three (3") industrial strength numbers to mooring balls (list of numbers will be provided by the Marina). Inspections and Replacement of Moorin2 Units 1. Clean and check all moorings from bottommost shackle, including but not limited to, swivels, and bolt heads/nuts for condition and wear. Visually inspect the current thickness and structural integrity of the system to determine wear corrosion and ensure that they are functioning properly; 2. Conduct light cleaning (no abrasion) and check all down line and pennant line components for wear or chafe. This work should be done without scrubbing to avoid abrade and fiver damage; 3. Clean and inspect mooring buoy to ensure legibility and inspect numbering for wear or non - adhesion; 4. Clean and inspect the underwater buoy to detect cracks, splits, or deterioration, check for correct Invitation for Bid (IFB) 2017390 position alignment on down line system; 5. Inspect the area around the anchor head to detect any objects that could cause damage to any system components; 6. Inspect any exposed anchor shaft above mud line for wear or deterioration; 7. Detect any excessive wear of component failure and recommend removal or replacement of the mooring system; 8. Secure the moored vessel (if applicable) to the support vessel to allow for the removal and replacement of the mooring units; 9. Remove and clean old mooring system before returning to shore, unload the cleaned old systems from the vessel, take them to a designated area and load the new mooring system in the vessel and properly dispose of old system off site; and 10. Accurately log all inspections, repairs, and maintenance activity on a log sheet approved by the Project Manager or designee and submit with report, detailing the condition of unit components and work completed. Log sheets shall be certified correct, dated, and signed by the Successful Bidder and inspector. Additional Services In addition to the underwater inspection and reporting services detailed herein, the Successful Bidder shall be required to perform additional services on an as needed basis, including but not limited to the following: 1. Removal of discrepant mooring units (partial or complete); 2. Replacement of new or refurbished mooring units; 3. Installation of new or replacement of mooring unit or boundary buoy anchor systems; 4. Underwater locating or existing mooring unit hubs, securing vessels currently on mooring systems needing to be repaired; and 5. Other services as required, not specifically described. Notes: 1. The Successful Bidder shall complete any necessary repairs while they are onsite during the inspection. The Successful Bidder shall keep the exact time and charge by the minute for the three (3)-man dive team including the vessel and all equipment and other associated costs and would also charge for the actual part being replaced at pass through cost. The old part would be photographed showing that it was worn more than twenty five percent (25%) or was damaged and met the criteria for replacement. 2. Helmken heavy duty anchor head (HUB) with both should be re -used if in good condition. 3. The City shall provide the following: boat slip for the vessel being used during its stay at the marina, parking spaces for the Successful Bidder's staff, and showers for the Successful Bidder's staff. 4. Additional work outside the scope of work must be reported to the Project Manager or designee prior to the commencement of work. No work shall be completed without the written approval of the Project Manager or designee. Invitation for Bid (IFB) 2017390 Note: Services performed for the City will require licenses and permits in the same manner as private construction projects within the City. The Successful Bidder(s) shall secure, at their expense, all licenses and permits and shall fully comply with all applicable laws, regulations and codes as required by the State of Florida, county, or local ordinances. The Successful Bidder(s) must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any manner affecting the prosecution of the work. Any fines or penalties to the Successful Bidder(s) shall be paid at the Successful Bidder(s)'s expense.