HomeMy WebLinkAboutBack-Up DocumentsCity 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:
2010386, 2
Concrete Removal and Installation
at Various City of Miami Parks
23-APR-2025 @ 9:00 A.M.
21-MAY-2025 @ 3:00 P.M.
Voluntary
29-APR-2025 @ 10:00 A.M.
Virtual Via Microsoft TEAMS
07-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:
Invitation for Bid (IFB) 2010386
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.
Invitation for Bid (IFB) 2010386
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS
RESPONSE.
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 Contractor Sale for above Reference No. 1:
Invitation for Bid (IFB) 2010386
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:
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS
RESPONSE.
Invitation for Bid (IFB) 2010386
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. NON -APPROPRIATION OF FUNDS
2.6. METHOD OF AWARD
2.7. CONDITIONS FOR RENEWAL
2.8. BIDDER'S MINIMUM QUALIFICATIONS
2.9. LEVEL II BACKGROUND SCREENING
2.10. GROUPS
2.11. REFERENCES
2.12. INSURANCE REQUIREMENTS
2.13. CURES
2.14. SUBMISSION AND RECEIPT OF BIDS
2.15. GROUP I -FEDERALLY FUNDED PROJECTS
a. INTRODUCTION
b. CITY OF MIAMI LIVING WAGE ORDINANCE
c. LOCAL OFFICE PREFERENCE
d. COMPLIANCE WITH THE DAVIS-BACON ACT
e. COMPLIANCE WITH THE COPELAND ANTI -KICKBACK ACT
f. COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS ACT
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-LOBBYIING 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 PREFERENCES FOR PROCUREMENTS
t. AFFIRMATIVE SOCIOECONOMIC STEPS
u. LICENSE AND DELIVERY OR WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS
v. RIGHTS TO INVENTIONS MADE UNDER CONTRACT
w. COMPLIANCE WITH FEDERAL REGULATIONS
2.16. GROUP II -NON -FEDERALLY FUNDED PROJECTS
a. INTRODUCTION
b. LOCAL OFFICE PREFERENCE
c. LIVING WAGE ORDINANCE
Invitation for Bid (IFB) 2010386
2.17. TIE BIDS
2.18.NON-APPROPRIATION OF FUNDS
2.19. WARRANTY
2.20.MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS
2.21.EQUITABLE ADJUSTMENT
2.22.PROJECT MANAGER
2.23.DAMAGES TO PUBLIC/PRIVATE PROPERTY
2.24. SAFETY MEASURES
2.25.PUBLIC SAFETY
2.26.METHOD OF PAYMENT
2.27.ADDITION/DELETION OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS
2.28.ANTITRUST VIOLATOR VENDORS
2.29.ANTI-HUMAN TRAFFICKING
2.30.FAILURE TO PERFORM
2.31.LIQUIDATED DAMAGES
2.32.PUBLIC ENTITY CRIMES
2.33.EVERIFY EMPLOYMENT VERIFICATION
2.34.PRIMARY CLIENT (FIRST PRIORITY)
2.3 5. TERMINATION
2.36.ADDITIONAL TERMS AND CONDITIONS
2.37.NO SUBSTITUTION
2.38.BID BOND
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
Invitation for Bid (IFB) 2010386
IMPORTANT NOTICE TO BIDDERS
• FAILURE TO COMPLETE, SIGN, AND UPLOAD THE FOLLOWING WILL RENDER YOUR BID NON-
RESPONSIVE:
1. CERTIFICATION STATEMENT AND CERTIFICATION SECTION;
2. THE ANTI -HUMAN TRAFFICKING AFFIDAVIT (MUST BE NOTARIZED);
3. ATTACHMENT B-BID PRICE SHEET; AND
4. ATTACHMENT E-CERTIFICATION REGARDING LOBBYING.
• ALL UPLOADS 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.
• ALL UPLOADS SHALL BE IN THE PDF FILE FORMAT. NO OTHER FILE FORMATS WILL BE
ACCEPTED BY THE CITY.
• FOR BIDNET DIRECT TECHNICAL DIFFICULTIES AND/OR ISSUES, PLEASE CONTACT THE
VENDOR SUPPORT TOLL -FREE NUMBER AT 800-835-4603, OR EMAIL BIDNET AT
SUPPO RT (cr�B IDNET. COM.
Terms and Conditions
1. General Conditions
Invitation for Bid (IFB) 2010386
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.
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.
1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the
City.
Invitation for Bid (IFB) 2010386
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.
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
Invitation for Bid (IFB) 2010386
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.
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 BidNet Direct Electronic Portal.
1.14. BRAND NAMES - If, and wherever in the specifications, brand names, makes, models, names of any
manufacturers, 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
Invitation for Bid (IFB) 2010386
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.
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 expenditures 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 expenditures during the time
it is rendering such goods/services, it shall not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable for,
or responsible to, the Bidder, 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
Invitation for Bid (IFB) 2010386
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.
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.
Invitation for Bid (IFB) 2010386
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 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.
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.
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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 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.
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.
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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 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.
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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.
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.
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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.
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,
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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.
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.
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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.
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
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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.
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
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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.
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
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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 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
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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.
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.
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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.
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 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.
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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.
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.
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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.
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@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 CON TRACT.
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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 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
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b. 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.
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
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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.
(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
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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 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.
f. 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.
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(e) Costs.
All costs accruing from a protest shall be assumed by the protestor.
(f Filing fee.
The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to
the city in an amount equal to one percent of the amount of the bid or proposed contract, or $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.
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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 Direct 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.
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.
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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.
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) 2010386
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for the removal and new installation of concrete, pavers,
and walkways, 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 Tuesday, April 29, 2025 at 10:00 A.M. via Teams Join the
meeting now or via phone +1 786-598-2961, ID: 909 999 86#. 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 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 Portal.
All questions must be received no later than Wednesday, May 7, 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 one (1) additional three (3) year period, 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. 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).
2.6. METHOD OF AWARD
Award of this Contract will be made to the lowest responsive and responsible Bidder who meets the minimum
requirements set forth in this solicitation.
2.7. 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) 2010386
2.8. BIDDER'S MINIMUM QUALIFICATIONS
Bids will only be considered from firms that are regularly engaged in the business of providing services, for a
minimum of three (3) consecutive years, as described in this Bid. The Bidder(s) shall:
1. Have and submit a current General Contractor's License as issued by the State of Florida, and be able to pull
permits required by the City of Miami, and Miami -Dade County and the State of Florida necessary and
required to perform the proposed work;
2. Have a minimum of three (3) consecutive years' experience in the proposed work herein;
3. Have the same Federal Employee Identification Number ("FEIN") for the past three (3) consecutive
years;
4. Sign and submit the Certification Statement and Certification Section;
5. Submit three (3) references, in the Certification Section, evidencing the minimum three (3) consecutive
years' experience in the work specified herein. The Bidder may only use one (1) department as a reference
from each entity. This is reflected in the Certification section of this solicitation;
6. Sign, notarize, and upload the Anti -Human Trafficking Affidavit;
7. Sign and submit Attachment E-Certification Regarding Lobbying Form;
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.
Notes:
1. Copies of the General Contractor's License, Anti -Human Trafficking Affidavit, Attachment E-Certification
Regarding Lobbying Form, and Reference Sheet, as listed above, shall be provided with your bid submittal;
and
2. Failure to submit your General Contractor's License, Anti -Human Trafficking Affidavit, Attachment
E-Certification Regarding Lobbying Form, and Reference Sheet, with your bid submittal shall render your
bid non -responsive.
2.9. LEVEL II BACKGROUND SCREENING
Prior to services being rendered, the Successful Bidder(s) and all of its employees who provide or may provide services
under this Contract will complete criminal history checks and all background screening requirements, including Level
2 screening requirements as outlined in Florida State Statute 435.04, as amended from time to time. Upon City review
of resulting reports, the Successful Bidder(s) shall immediately replace/reassign any individual who, in the opinion of
the City, does not pass the background check. In its sole discretion the City reserves the right to request updated
background screening reports at any time, and as the City deems necessary.
Background checks shall be required for any projects/services performed under this Contract, concerning City property,
within close proximity of a school, park, or any non -instructional facility occupied by children.
Successful Bidder(s) shall bear any and all costs associated with acquiring the required background screening, including
any costs associated with fingerprinting and obtaining the required photo identification badge. Successful Bidder(s)
shall require all involved employees to sign a statement, as a condition of employment with Successful Bidder(s) in
relation to performance under this Contract, agreeing that the employee will abide by the heretofore described
background screening requirements, and also agreeing that the employee will notify the Successful Bidder(s)/Employer
of any arrest(s) or conviction(s) of any offense within (forty-eight) 48 hours of its occurrence.
Invitation for Bid (IFB) 2010386
Successful Bidder(s) shall provide the City with a list of all of its employees who have completed the background
screening as required by the above -referenced statutes and who meet the statutory requirements contained therein.
Successful Bidder(s) shall have an ongoing duty to maintain and update these lists as new employees are hired and in
the event that any previously screened employee fails to meet and/or maintain the statutory standards. Successful
Bidder(s) shall also notify the City immediately upon becoming aware that one of its employees, who was previously
certified as satisfactorily completing the background check and meeting the statutory standards, is subsequently arrested
or convicted of any disqualifying offense. Failure by Successful Bidder(s) to notify the City of such arrest or conviction
within five (5) business days of the occurrence of a qualifying arrest or conviction, shall constitute grounds for
immediate termination of this Contract by the City.
2.10. GROUPS
Group I -Federally Funded Projects
Group II -Non -Federally Funded Projects
2.11. REFERENCES
Each bid must be accompanied by a three (3) past performance references for each Line or Group for which Bidder(s)'
firm submitted a response from similar sized customers who the Bidder has provided these services to within the last
three (3) years in the Certification Section of this solicitation. References provided shall include the name of the
company, dates of contract, description of goods or services supplied, 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.
2.12. 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, 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.
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Successful Bidder(s) shall require all sub -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(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).
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
Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
(2) Commercial 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
Primary Insurance Clause Endorsement
Premises and Operations Liability
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(3)
Business Automobile Liability
A. Limits of Liability
Bodily injury and property damage liability
Combined single limits.
Any Auto, Owned/scheduled autos,
Including hired, borrowed, or non -owned autos
Any one accident-
B. Endorsements Required:
City of Miami included as an Additional Insured
$1,000,000
(4) Pollution Liability
Each Occurrence $1,000,000
Police Aggregate $1,000,000
City of Miami listed as an additional insured.
The above policies shall provide the City of Miami with written notice of cancellation in accordance with
policy provisions.
BENDERS 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:
(4) Suspend the Contract until such time as the new or renewed certificates are received by the City in the manner
prescribed in the Invitation To Bid.
(5) The City may, at its sole discretion, terminate this Contract for cause and seek re -procurement damages from
the Successful Bidder(s) in conjunction with the General and Special Terms and Conditions of the Bid.
Invitation for Bid (IFB) 2010386
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).
2.13. CURES
Please refer to Section 1.56 Notice Regarding "Cures" of the General Terms and Conditions of this solicitation.
2.14. 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.
2.15. 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 Preference as referenced in Section 1.48 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 contractor
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. § 874,40 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 subcontracts the clause above and such other clauses as
the FEMA may be appropriate instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
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.
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f. COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS ACT
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,
sexual orientation, gender identity, 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.
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, sexual orientation, gender identity, or national origin.
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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 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 (1) 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.
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
Invitation for Bid (IFB) 2010386
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 contractors and subcontractors by the administering agency
or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees
that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the
following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee);
refrain from extending any further assistance to the applicant under the program with respect to which the failure
or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and
refer the case to the Department of Justice for appropriate legal proceedings.
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 (FEMA), 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 (FEMA), 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 actions pertaining to this contract.
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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. Each tier 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 up
to the recipient.
Please refer to the Item & Documents section of BidNet for the Attachment E-Certification Regarding Lobbying
(Byrd Anti -Lobbying) Form. It is MANDATORY for the Bidders to sign and submit this form along with their bid.
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 requirements; or
c. At a reasonable price.
2. Information about this requirement, along with the list of EPA -designate items, is available at EPA'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 shall 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 this contract only. 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, and Nicole Gray (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 its authorized representatives' access to
construction or other work sites pertaining to the work being completed under this contract.
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q, SUSPENSION AND DEBARMENT
1. This contract is a covered transaction for 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's 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 covered 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 OR
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 substantial or essential component of 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 equipment produced by Huawei Technologies Company
or ZTE Corporation (or any subsidiary or affiliate of such entities).
i. For the purposes of public safety, security or government facilities, physical security surveillance of
critical infrastructure, and other national security purposes, video surveillance and telecommunications
equipment produced by Hytera Communications Corporation, Hangzhou Hikvsion 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 or provided 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 administering 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 and
services, and to ensure that communications services to users and customers is sustained.
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3. See Public Law 115-22, Section 889, and 2 C.F.R. § 200.471 for additional information.
s. DOMESTIC PREFERENCES FOR PROCUREMENTS
1. This contract include 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 subcontracts 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.
w. COMPLIANCE WITH FEDERAL REGULATIONS
Please refer to the following attachments for complete compliance with FEDERAL Regulations:
• Attachment C-Section 3 Clause;
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• Attachment D-HUD 4010-Federal Labor Standards Provisions; and
• Attachment E-Certification Regarding Lobbying -to be signed and returned with Bid submittal.
2.16. GROUP II -NON -FEDERALLY FUNDED PROJECTS
a. INTRODUCTION
This section applies to all projects that are non -federally funded.
b. LOCAL OFFICE PREFERENCE
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 Bid at the time of the Bid due date the following:
• Completion and submission of the attached City of Miami Local Office Certification Form;
• Submission of a copy of the 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 a license, certificate of competency, and certificate of sue that authorizes the
performance of the Bidder.
c. LIVING WAGE ORDINANCE
Living wage ordinance applies for all non -federally funded project as stated in Section 1.38 Florida Minimum
Wage and City of Miami Living Wage Ordinance, Subsection B. City of Miami Living Wage Ordinance.
THE FOLLOWING SPECIAL CONDITIONS ARE APPLICABLE TO BOTH GROUPS: GROUP I -
FEDERALLY FUNDED PROJECTS AND GROUP II -NON -FEDERALLY FUNDED PROJECTS
2.17. 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
of the statement specified in subsection (1).
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(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.
2.18. 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(s) or their
assignee of such occurrence, shall have the unqualified right to terminate the contract without penalty or expense to
the City. No guarantee, warranty or representation is made that any project will be awarded to any firm.
2.19. WARRANTY
Equipment hereinafter specified shall be fully guaranteed by the Successful Bidder(s) against factory defects. Any
defects which may occur as the result of either faulty material or workmanship within the period of the
manufacturer's standard warranty will be corrected by the Successful Bidder(s) without expense to the City of
Miami. Successful Bidder(s) shall indicate the terms of the manufacturer's standard warranty, and any specially
offered optional warranty available.
The manufacturer's warranties on items covered by this contract shall be considered, whereas Successful Bidder(s)
shall obtain warranty schedules and call upon manufacturer for warranty claims If the Successful Bidder(s) fails to
honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City
may, at its discretion, notify the Bidder, in writing, that the Bidder may be debarred as a City Bidder and/or subject
to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten
(10) calendar days of receipt of this notice. If the 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 Bidder for any additional costs that are incurred by the City for this work or items:
either through a credit memorandum or through invoicing.
2.20. 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.
2.21. EQUITABLE ADJUSTMENT
The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or
pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is,
by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful
Bidder's control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply,
(3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the
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Successful Bidders that continued performance of the contract would result in a substantial loss. Successful Bidder
may have to supply documentation to justify any requested percentage increase in cost to the City of Miami.
2.22. PROJECT MANAGER
Upon award, Successful Bidder shall report and work directly with Nicole Gray, Special Projects Coordinator,
Parks and Recreation Department ("Parks"), or designee, who shall be designated as the Project Manager for the
City.
2.23. DAMAGES TO PUBLIC/PRIVATE PROPERTY
Any damage caused by the Successful Bidder(s) shall be reported to the Project Manager, or designee, either in person
or in writing. Successful Bidder(s) shall be responsible for paying for any and all damages of which may be paid via
credit against monthly billing or by direct payment.
The Successful 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).
2.24. 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 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.
2.25. 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:
Invitation for Bid (IFB) 2010386
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.
2.26. METHOD OF PAYMENT
Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments
will be made.
2.27. 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 addendum and a separate purchase order shall be issued
by the City.
2.28. ANTITRUST VIOLATOR VENDORS
Pursuant to Section 287.137, Florida Statutes, 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.
2.29. 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 the "Anti -Human Trafficking Affidavit" attachment. It
is MANDATORY for the Bidders to return this form signed along with their bid. Failure to complete, sign and
upload the Anti -Human Trafficking Affidavit may render your bid non -responsive.
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.
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2.31. LIQUIDATED DAMAGES
Successful Bidder shall provide all items at the guaranteed delivery time specified by the various City departments
on the Purchase Order. If the Successful bidder fails to deliver within the specified delivery time, it is understood
that one percent (1%) of the unit price per calendar day per time will be deducted, as liquidated damages, for each
day beyond the specified delivery time (not to exceed the total amount of the contract), not as a penalty but as
compensation for the loss of the product's use during such time.
2.32. 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.
2.33. 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.
2.34. 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.
2.35. 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.
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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.
2.36. 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.
2.37. NO SUBSTITUTION
When "No Substitution" is used in combination 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.
2.38. BID BOND
Bid bond or Performance Bond are not required for this Solicitation.
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3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
Successful Bidder shall provide all labor, materials, tools, equipment, for the removal of existing concrete walkways,
slabs, walls, pavers and/or the installation of new concrete slabs, walkways, and/or pavers throughout the City of
Miami Parks. This work is primarily for outdoor park facilities managed by the City of Miami Parks and Recreation
Department (Parks), this includes but is not limited to walkways, trails, parking lots, sports courts, and picnic areas.
Some work may also occur at buildings and related facilities within the Parks' Department's jurisdiction.
The Successful Bidder shall include full turnkey services including but not limited to all labor, materials, tools,
staging, fees, engineering, permitting, licenses, site conditions, hoisting, hauling, equipment, and supervision
required for the proper and complete performance of the installation of new concrete.
Successful Bidder shall:
1. Remove and dispose of existing debris off -site;
2. Provide protection of worksite, inclusive of surrounding surfaces against damage (i.e., barricades, caution
tape, windscreens, etc.);
3. Include the construction and removal of any temporary access to site;
4. Furnish and install new walkways, pavers, and concrete pads in accordance with the specifications listed
herein;
5. Furnish a full set of engineered design plans with required stabilization, obtain appropriate City of Miami
permits, and perform the full installation or removal of concrete pads, walkways, pavers, or flooring;
6. Provide a one (1) year No Dollar Limit ("NDL") Materials and Labor Warranty;
7. Submit weekly progress updates to the Project Manager or designee;
8. Provide a schedule indicating project duration, and start and end dates (weather permitting);
9. Comply with City, State, and Federal standards;
10. Perform environmental testing (if applicable) to ensure soil and surrounding conditions are suitable for
concrete installations;
11. Ensure all debris has been removed and disposed off site; and
12. Leave entire site in ready for use conditions.
MOBILIZATION
Successful Bidder shall:
1. Conduct a site visit for each project to assess conditions and finalize the scope of work;
2. Coordinate with the Project Manager or designee to establish schedules and project milestones;
3. Ensure all necessary personnel, equipment, and materials are transported to the job site;
4. Obtain any required permits, as needed, before commencing work;
5. Provide protection of work site and trees as required; and
6. Ensure the work area is clearly marked and set up for safety.
ENVIRONMENTAL TESTING
Successful Bidder shall:
1. Conduct soil and environmental testing as necessary to assess conditions for the installation of concrete and
pavers;
2. Ensure compliance with environmental protection standards and local regulations; and
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3. Submit test results and recommendations to the Project Manager or designee for review prior to
commencing the project.
PREPARATION OF WORK AREA
Successful Bidder shall:
1. Prepare the designated areas for excavation and concrete installation;
2. Clearly mark the area where the concrete pads, walkways, or pavers will be installed;
3. Verify the work area is free from obstructions and utilities, using call -before -you -dig services, if
applicable; and
4. Coordinate any required permits related to site preparation or tree/root work.
REMOVAL OF EXISTING CONCRETE
I. DEMOLITION AND REMOVAL
Successful Bidder shall:
1. Break and remove existing concrete, including walkways, slabs, curbs, and other structures;
2. Haul all debris to an approved disposal site or recycling facility; and
3. Ensure proper disposal of all material in compliance with local and state regulations.
II. SITE RESTORATION
Successful Bidder shall:
1. Fill and compact voids created by concrete removal where new installation is not required; and
2. Restore landscaping disrupted during removal activities.
EXCAVATION OF EXISTING SURFACE
Successful Bidder shall:
1. Remove the top layer of grass and soil to create a level surface for the concrete pad;
2. Excavate the designated area to a uniform depth to prepare for base course;
3. Properly dispose of grass, soil, and other organic material removed during excavation; and
4. Root Pruning- 1) prevent future root interference with the concrete structure, 2) install root barriers, i.e.,
sections of metal pipe or root deflectors at the discretion of the Project Manager or designee, 3) identify and
prune roots that may pose a risk of lifting or damaging the concrete pads over time, and 4) all root pruning
shall comply with arboricultural best practices to ensure tree health is not compromised.
BASE MATERIAL INSTALLATION
Successful Bidder shall:
1. Excavate and level areas as needed to ensure proper installation;
2. Base course shall be existing soil unless otherwise specified, if existing subbase is not suitable, provide and
install new suitable subbase;
3. Spread base material uniformly, scarify and then shape to produce required grades and cross sections after
completion;
4. Rough grade and roll to finish grade and then water and roll base until a thoroughly bonded, unyielding,
and uniform compacted base is obtained;
5. Compact the subbase thoroughly, using a mechanical plate compactor or similar equipment. Thickness after
compaction 4-6 inches (in) minimum depending on if areas are subject to heavy loads;
6. Compact base course to ninety-eight (98%) maximum density under provisions of AASHTO T-180; and
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7. HIRE A LAB COMPANY TO PERFORM THE REQUIRED DENSITY TEST, AND COPY OF
THESE REPORTS SHALL BE SUBMITTED WITH THE FINAL INVOICE FOR PAYMENT.
CONCRETE INSTALLATION
I. FORMWORK AND PLACEMENT
Successful Bidder shall:
1. Install formwork as required to obtain the exact size, shape, dimensions, line, level, alignment, location,
elevation, and grades.
2. Construct forms to prevent loss of concrete; and
3. Ensure that forms are level and properly secured to maintain the intended dimensions.
II. FURNISHING AND POURING OF CONCRETE
Successful Bidder shall:
1. Install a durable concrete surface capable of withstanding environmental and load pressures;
2. Provide and install fiber mesh;
3. Pour, spread, and compact concrete to prevent voids;
4. Use control joints, expansion joints, or dowels as specified to minimize cracking;
5. Use a concrete pump to reach locations, ensuring proper placement;
6. Concrete shall be leveled and finished to meet project specifications;
7. All concrete materials shall contain recycled content such as fly ash, granulated ground blast -furnace slag,
and normal weight aggregates;
8. Cement: ASTM C150, Type I or Type II -Normal, gray color; and
9. ASTM C94, normal Portland cement, 3,000 psi strength at twenty-eight (28) days, four (4) in. slump,
fiber -reinforced to specified dimensions. Ensure uniform thickness and smooth finish for all slabs.
III. PAVERS
Successful Bidder shall:
1. Provide a selection of paver types, including concrete interlocking pavers, permeable pavers to improve
drainage, or decorative pavers for aesthetic enhancement, when requested;
2. All pavers shall comply with ASTM C936 or equivalent standards for quality and durability;
3. Subbase preparation may require an additional bedding layer to achieve uniform leveling prior to pavement
placement;
4. Lay pavers in patterns or configurations as specified in project plans (e.g., herringbone, basketweave, or
running bond);
5. Ensure pavers are uniformly spaced with proper joint alignment;
6. Install edge restraints to maintain the integrity of the paver system;
7. Sweep polymeric sand or approved joint sand into the joints to lock pavers in place and prevent shifting;
8. Compact the pavers using a plate compactor to ensure proper seating and joint stabilization;
9. Remove excess joint sand and clean the surface to prevent staining; and
10. Provide options for decorative finishes, such as stamped or stained pavers, and custom designs or logos
embedded into the paver layout (if requested).
IV. FINISHING
Successful Bidder shall:
1. Provide broom finishes for walkways and smooth finishes for decorative slabs unless otherwise directed;
2. Ensure proper slope and drainage for outdoor installations to prevent water pooling; and
Invitation for Bid (IFB) 2010386
3. Provide colored concrete or stamp finishes (decorative finishes) when requested.
PROTECTION OF WORK SITE AND SURROUNDING AREAS
Successful Bidder shall:
1. Safeguard surrounding surfaces and structures from damage during construction;
2. Install protective barriers or tarps to prevent damage to adjacent areas; and
3. Use protective equipment around trees, plants, and any nearby structures.
DAILY CLEANUP AND DEBRIS DISPOSAL
Successful Bidder shall:
1. Keep the work site clean and organized throughout the project;
2. Remove all debris, including concrete scraps, wood forms, and excess material daily;
3. Dispose of waste materials at a licensed facility; and
4. Ensure that the site remains hazard -free for both workers and the public.
FINAL CLEANUP AND SITE CONDITION
Successful Bidder shall:
1. Restore any areas impacted by construction, including repairing damaged landscaping, concrete, bricks,
foundations, utilities, or irrigation systems. Sod: St. Augustine Grass (Floratum) Solid Sod, firm texture,
having a compacted growth and good root development, and contain no weeds or objection vegetation, and
be from fungus, vermin or diseases;
2. Ensure the site is ready for use immediately following project completion;
3. Remove all temporary equipment and barriers;
4. Final sweep of the area to ensure no leftover materials or debris remain including any environmental waste;
and
5. Perform a final quality check to confirm that all pads are installed correctly, and the site is ready for use.
PERMITTING AND COMPLIANCE
Successful Bidder shall:
1. Ensure all necessary permits are secured and the work complies with local regulations
2. Secure excavation and construction permit;
3. Ensure compliance with all building codes related to concrete pad installation, subbase requirements, and
waste disposal;
4. Coordinate with any necessary inspectors for project sign offs before and after the work;
5. All work shall comply with: ASTM International Standards for materials and construction methods;
Americans with Disabilities Act (ADA) requirements for walkways and public areas, and local building
codes and ordinances; and
6. Maintain safety protocols in compliance with OSHA standards.
WARRANTY
Successful Bidder shall:
1. Provide a minimum one (1) year warranty for workmanship and materials. Any defects shall be repaired at
no additional cost to the City.
Invitation for Bid (IFB) 2010386
STUCCO AND CONCRETE REPAIRS
Successful Bidder shall:
1. Conduct a thorough inspection of the stucco and concrete surfaces;
2. Identify areas requiring repair, including cracks, spalls, delamination, and surface imperfections;
3. Prepare the surfaces by cleaning, removing debris, and repairing any underlying issues such as water
infiltration or structural damage;
4. Patch and repair any cracks, holes, or damaged areas in stucco walls or surfaces;
5. Patch and repair any cracks, spalling, or damaged areas in the concrete walkways, pathways, or other concrete
surfaces within or outside of the facility;
6. Clean and remove any stains, dirt, or debris from stucco and concrete surfaces to restore appearance;
7. Apply a protective sealant to stucco and concrete to enhance durability and resistance to weathering and
staining;
8. Inspect and repair any damaged or deteriorated expansion joints in the stucco and concrete surfaces to prevent
water infiltration and maintain structural integrity;
9. Apply a fresh coat of paint to surfaces, to match existing color, finish and texture. Paint shall be purchased
from Lanco (NO SUBSTITUTION);
10. Apply waterproofing treatment to stucco and concrete surfaces to prevent damage and water penetration.
Some Park facilities need excavation around the surfaces and footings to address capillary action issues;
11 Maintain molding, textures, and patterns on surfaces for visual appearance;
12. Provide documentation of all repair projects upon completion of the restoration and related repairs;
13. Provide before and after pictures;
14. Furnish certification of completion indicating the repairs have been completed;
15. Ensure all debris has been removed and disposed of off site; and
16. Leave entire site in ready for use conditions.
In accordance with Section 2.8, Bidder's Minimum Qualifications, Bidders shall submit with their quote submittal
the following:
1. General Contractor's License;
2. Anti -Human Trafficking Affidavit;
3. Reference Sheet located in the Header/Notes and Attachment Section of this Solicitation, for your firm,
evidencing the minimum three (3) consecutive years' experience in stucco and concrete repair services; and
4. Failure to submit the above license, Anti -Human Trafficking Affidavit, and Reference Sheet, with your
quote submittal shall render your quote non -responsive.
BACKGROUND CHECK PROCESS
Background Check requests shall be scheduled upon notice of award of the Contract and completed before a Purchase
Order is issued and Contract commences. The Successful Bidder shall contact Mendez Fingerprinting, at 305-986-
8368, for an appointment. The Successful Bidder is required to pay for services at the time of appointment. Once the
services are completed, the Successful Bidder shall contact Ms. Teresa Soto, at tsotogmiamigov com, or at 305-416-
1919 and advise of the same.
Note:
1. Any damage to public or private property as the result of operations of the Successful Bidder, including
walkways, site furnishings, sod, irrigation systems, and adjacent vegetation to be protected, shall be the sole
responsibility of the Successful Bidder, and shall be repaired by the Successful Bidder, their forces, or their
selected employees, to match existing conditions or that surpasses it to the satisfaction of the Project Manager
or designee of the Parks Department;
2. Parks will provide a boundary survey when necessary and available;
Invitation for Bid (IFB) 2010386
3. As built design for significant installations, shall be provided upon request;
4. Any damages to the surrounding area shall be repaired at the Successful Bidder's own cost;
5. All repairs shall be conducted in compliance with applicable health and safety regulations. Personnel
involved in the repair services shall adhere to proper safety protocols and wear appropriate personal
protective equipment ("PPE");
6. Additional repairs outside the scope of work must be reported to the Project Manager prior to the
commencement of repair. No work shall be completed without the written approval of the Project Manager
or designee;
7. Final approval and inspection shall be done by the Project Manager or designee prior to payment; and
8. Provide a detailed schedule indicating project duration to the Project Manager or designee no later than five (5)
working days after issuance of purchase order and adhere closely to the agreed schedule.