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Invitation For Bid
Number: Title: Issue Date/Time: Closing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: City of Miami Deadline for Request for Clarification: Contracting Officer: Hard Copy Submittal Location: Contracting Officer E -!►fail Address: Contracting Officer Facsimile: Procurement Department Miami Riverside Center 444 SW 2Rd Avenue. &I Floor Miami, Florida 33130 Web Site Address: www miamieov.comroroourement 676380,7 IFB for Indoor Firearms Range Decontamination, Disposal, and Maintenance. 11 -AUG -2017 08/1412017 C 15:00:00 Voluntary Thursday August 3, 2017 at 10:30 ANI Miami Police College Indoor Firearm Range, 350 NNV 2nd Ave, Miami, FL 33128 Tuesday August 8, 2017 at 3 PAI McLaren, Richard City of N'liami - City Clerk 3500 Pan American Drive Miami FL 33133 US RMcLarenCa miamigov.com 305-400-5104 Page 1 of 39 Certification Statement Plcase quote on this form, if applicable, net prices for the items) 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 ISO 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. a We (1) 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 (1) 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 Lot -ins 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: EMAIL: SIGNED BY: TITLE: FAX: CELL(Optional): DATE: F.AIIA? RE TO COMPLETE. SIGN, AN -D RETI'RN THIS FORNI SHAIJ. DISQUA1.IFI THIS RESPONSE, Page 2 of 39 Certifications Legal Name of Finn: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Occupational License/Business Tax Receipt Number: Occupational License./Business Tax Receipt Issuing A,ency: Occupational License..Business Tax Receipt Expiration Date: Will Subcontractor(s) be used'? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they wilt be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): Please list and acknowled-c all addendum/addenda received. List the addendrun/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. Reference No. 1: Name of Cornpany/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above referenced company/agency listed: Patye 3 of 39 Reference No. 1: Name of Contact Person and Telephone Number for above referenced No. I Reference No. 1: Date of Contract for above referenced No. I Reference No. 2: Name of Coin pan v'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. Stats and Zip for above referenced companviagcncy listed: Reference No. 2: Name of Contact Person and Telephone Number for above referenced No. 2 Reference No. 2: Date of Contract for above referenced No. 2 Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation. or has provided such services/goods in the past: Reference No. 3: Address, Citv, State, and Zip for above referenced company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above referenced No. 3 Reference No. 3: Date of Contract for above referenced No. 3 PaQc 4 of 39 Line: 1 Description: Initial Visit (see Section 3.1) Category: 93669-00 Unit of Measure: Each Unit Price: S Number of Units: 1 Line: 2 Description: Second Visit (see Section 3.1) Category: 93669-00 Unit of Measure: Each Unit Price: S Number of Units: 1 Line: 3 Description: Third Visit (see Section 3.1) Category: 93669-00 Unit of wieasure: Each Unit Price: S Number of Units: 1 Line: =4 Description: Fourth Visit (see Section 3.1) Category: 93669-00 Unit of Measure: Each Unit Price: S Number of Units: 1 Line: 5 Description: Emergency Visit (see section 3.1) Total: S Total: S Total: S Total: S Pagc 5 of 39 Catcoory: 93669-00 Unit of iVleasure: Hour Unit Price: S Number of Units: 10 Total: S Line: 6 Description: Hourly rate for Successful Bidder to oversee sub -contractors when additional trips are required. Category: 93669-00 Unit of Measure: Hour Unit Price: S Number of Units: 10 Total: $ Page 6 of 39 676380,2 Table of Contents Termsand Conditions.......................................................................................................................................................8 1. General Conditions............................................................................................................................................8 1,1. GENERAL TFRMS AND CONDITIONS.............................................................................................8 2. Special Conditions................................................................................................ ....28 2.1. PURPOSE............................................................................................................................................28 2.2. BIDDERS MINIMUM QUALIFICATIONS.......................................................................................28 2.3. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS............................................................... 28 2.4. PRE-BID CONFERENCE AND SITE VISIT.....................................................................................w8 2.5. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION ............... ............ ......... .................. ......................... .............. .......... 8 2.6. TERM OF CONTRACT.......................................................................................................................29 2.7. INSURANCE REQUIREMENTS ............ ............................................................................................ 9 2.8. REFERENCES.......................................................................................... .................31 2-9- METHOD OF AWARD ........................................................ ......................... ..................................31 2.10. TIE BIDS -•-.•................................................................................. .... 32 2.l 1. CONDITIONS FOR RENEWAL.......................................................................................................32 2.12. NON -APPROPRIATION OF FUNDS...............................................................................................32 2.13. FAILURE TO PERFORM . ........ .................. ........_.......... ...... .............. .....33 2.14. i4IETHOD OF PAYNIENT.................................................................................................................33 2.13. RESPONSE TIME................................•....--..,........,...,..............,.......................... ......33 2.16. PROJECT MANAGER ......................................................................................................................33 2.17. SUPERVISION...................................................................................................................................33 2.18. PARTS AND MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS ........33 2.19. COMPLETE SERVICES....................................................................................................................33 220. SAFETY MEASURES................................................................................ ..34 2.2 L QUALITY OF %VORK........................................................................................................................3=4 2.22. ADDITIONS'DELETIONS OF FACILITIES!PRODUCTS/SUPPLIERS ........................................3=1 2.23. TERMINATION............................................................................................................ .....34 2.24 ADDITIONAL TERMS AND CONDITIONS ............................... ................................................. ..35 .......... 3. Specifications...................................................................................... .............. ................................ .....36 3-1. SPECIFICATIONS; SCOPE OF WORK ...........................................................................................36 32. SERVICES TO BE PERFORNIED......................................................................................................36 33. CITY REQUIREMENTS......................................................................................................................39 Page 7 oF39 676330,2 Terms and Conditions I. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment:'services with an estimated aggregate cost of 525,000.00 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 .%hami Procurement Code and: or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation. if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fttlly in accordance with specifications and of the highest quality. in the event the goods.'equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION The City reserves the ric-ht to accept or reject any or all responses or parts ol' after opening'closing date and request re -issuance on the goods/services described in the formal solicitation_ In the event of such rejection, the Director of Purchasing shall notify all affected bidders'proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidderproposer who has previously failed to properly perforrn under the tents and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's.'proposer's responsibility- to ensure receipt of all Addenda. Addenda are available at the City's website at; http_ �vw%a•.ci,ntiami.fl.us procurement I... ALTERNATE RESPONSES NVILL NOT BE CONSIDERED. 1.6. ASSIGNATENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent, 1.7. ATTORNEY'S FEES- In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post -judgment proceedings. 1,8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder`Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers. and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of Pace 8 of 39 676350,2 the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation ofthis contract by the City. 1.9, AVAILABILITI' OF CONTRACT STATE-WIDE - Any Governmental, not-for-profit or quasi-govennlental entity in the State of Florida, may avail itself of this contract and purchase any and all goods.'services, specified herein from the successful bidder(s),proposer(s) at the contract price(s) established herein. when permissible by Federal, state, and local laws, rules, and regulations, Each Governmental.. not-for-profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract, agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successfid bidders) proposer(s). 1,10. ANVARD OF CONTRACT: A. The Formal Solicitation, Bidder's,,Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract Iagreement. amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 257.037, 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 orTeehnical Specifications. BidderProposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where BiddenTroposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's.'Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements, The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid.'proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The teen of the contract shall be specified in one of three documents which shall be issued to the successful Bidder'Proposer. These documents may either be a purchase order, notice of award andior contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty ( 130) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and or awarded. If the right is exercised, the City shall notify the Bidder'Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty { 120) day extension may occur, if, the City and the Successful Bidder.!Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of :gods 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 or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract agreement maybe awarded to the Bidder.' Proposer by the City Commission based upon the minimum quali fication requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the Page 9 of 39 676380,3 C'ite's best interests. Such aareernent will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to lei=al form by the City Attorney. 1.11. BID BOND/ BID SECURITY- A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in tine State of Florida, payable to the City of Miami, for the amount bid is required from all bidderslproposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder proposer will accept the order or contract. agreement, as bid, proposed, if it is awarded to bidder,proposer. Bidder`Proposer shall forfeit bid deposit to the City should City award contract, agreement to Bidder/Proposer and BidderTroposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders proposers within tell (10) days after the award and successful bidder's proposer's acceptance of award. If sixty 160) days have passed after the date of the formal solicitation closing date, and no contract has been awarded. all bid deposits will be returned on demand. 1.12. RESPONSE FORM (MARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and or file an acceptable Performance Bond, when required, as provided herein, shall bejust cause for the annulment of the award and the forfeintre of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advnntazeous to dee City or all responses may be rejected. 1,14. BRAND NAM ES - If and wherever in the specifications brand navies. makes, models, names of any manufacturers. trade names. or bidder proposer catalog numbers are specified. it is for the purpose of establishin_ the type, fti action, minimum standard of design, efficiency, grade or quality of goods only. When the City does not N ish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding'proposing an approved equal. BiddersrPropose rs will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the iteat(s) bid. proposed. The City shall be the sole judve of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples ntav be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening, closing. In the event of bid, proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver perform the goods,'services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods'services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is farther expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder' Proposer'Consttltant, any sub-contractor/sub-consultant, or to any other person for, OF 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. Y 1.18. COLLUSION—Bidder 'Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person. fine or corporation submitting a response Page 10 of 39 676330,2 for the same iterns!services or with the City of Miami', Purchasing Department or initiating department. The Bidder'Proposer certifies that its response is fair. N%ithont control. collusion. fraud or other illegal action. Bidder°'Proposer certifies that it is in compliance with the Conflict of interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids.eresponses vu here collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to. A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or ave 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 (OS11A), 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. 11. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. 1. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest. City Code Section 2-61 1;61. N. Cone of Silence. City Code Section 18-74. L. The Florida Statutes Sections 218,73 and 313.74 on Prompt Payment. Lack of knowledge by the bidder,proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City- Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of %Rami Code, a "Cone of Silence" is imposed Upon each RFP, RFQ, RFL1, or IFB after advertisement and terminates at the time the City iVlanager issues a written recommendation to the Miami City Commiitiion. The Cone of Silence shall be applicable only to Contracts for the provision of goods and sets ices and public a arks or improvements for amounts greater than 5200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, anion- 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 and any member of the respective selectioa%evaluation committee. The provision does not apply to, among other communications: Page I I of 39 676380.2 oral communications with the City purchasing staff, provided the communication is limited strictly to matters of processor procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duty noticed site visits,'inspections, pre -proposal or pre-bid conferences. oral presentations before selection evaluation committees, contract negotiations during any duly noticed public meeting or public presentations made to the Miami City Commission during a duly noticed public meeting: or communications in writing or by email at any time with any City- employee. official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ. RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ. RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, whicli shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon reciuest. Written communications may be in the form, of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any m and voidable. A violation by a particular Bidder, Proposer. Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney andor may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section I8-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract'Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST —Bidders. Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no 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 Format Solicitation. Any such interests on the part of the BidderProposer or its employees must be disclosed in writing to the Citv. Further, you must disclose the name of any City employee who owns, directly or indirectly. an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidd&Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his her its trust, or perform his ]teriits duties, to secure a special privilege, benefit, or exemption for himself herself'itself, or others. Bidder Proposer may not disclose or use information not available to members of the general public and gained by reason of his, her its position, except for information relating exclusively to Qovemmental practices, for his/her,its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder. Proposer hereby acknowledges that he she it has not contracted or transacted any business with the City or 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, Proposer further warrants that he/shzfit is not related, specifically the sponse, son, daughter.. parent. brother or sister, to: (i) any member of the commission: (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder.1Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and or any penalties allowed by law. Page 12 of 39 676380,2 Additionally. violations may be considered by and subject to action by Elie Miami -Dade County Commission on Ethics. 1,23. COPYRIGHT OR PATENT RIGHTS — Bidders, Proposers warrant that there has been no violation of copyright or patent ri4ghts in manufaeturing. producing. or selling the goods shipped or ordered and or services provided as a result of this formal solicitation, and bidders,' proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24, COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection there%% ith shall be borne by the Bidder(s); Proposer(s ). 1.25. DEBARMENT AND SUSPENSIONS (See 13-107) (a) Authoritn and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Matrtger, after consultation with the Chief PrOclnYment 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 debarnient shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination, The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer atter approval by the City Manager, tilt cin attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal stattnes of embeZZlerrent. dieft, 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 nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract,. provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contracnial Parn , by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below•. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the Page 13 of 39 6763817,2 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 Nlanager shall render a written decision statin, 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 oil a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant Under contract with any public entity, and may not transact business A ith any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The Citv shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder Proposer to accept the award, to famish required documents, and,or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bicider' Proposer to meet any terms of this agreement, the City will notify the BidderProposer of the default and will provide the contractor three (3) days (weekends and holidays escluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in %kritin_ the contractor of its intentions and the effective date orthe termination. The following shall constitute default: A. Failure to perform the work or deliver the goods, services required under the Contract and. or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconformin- with the terms of the Contract. E. Becomin,1 insolvent. being declared bankrupt, or committing any act of bankruptcy or insolvency, or making* an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder Proposer incapable of 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 xvith the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.38. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document, Failure Page 14of39 676330.2 to comply with these requirements may deem a Response non-responsive. A. Responsible Bidder shall mean a bidder proposer who has submitted a bid, prposal and who has the capability, as determined under the City Procurement Ordinance, in all respects to fully perforin the contract requirements, and the integrity and reliability of which Rive reasonable assurance of good faith and performance. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions, Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)jProposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a mamrfacturer to Bidder'Proposer will be passed on to the City. 1.30, DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any ) should be reported in %vriting to the City's Purchasing Department, Should it be found necessaru, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City N ill 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 givin<, precedence to the following documents, the first of such list being the governing documents - 1) Addenda (as applicable) 2) Specitieatioris 3) Special Conditions #) General Terns and Conditions 1.31. EMERGENCY/ DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successfttl , endor shall provide the City w ith the commodities ser- ices defined tit: ithin the scope of this formal solicitation at the price contained within vendor's response. Further, successfut vendor sltall del irer,•/perfornt for the city on a priority basis during such times of etnergeney. 1,32. ENTIRE BI D CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involing RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the pansies with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and or Response. the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIM.iTED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid. proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: Page 15 of 39 6763 St).? 1) Bidder Proposer fails to acknowledge receipt of addenda: 2) Bidder Proposer mistates or conceals any material fact in the Response ; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; S) Response does not include required samples. certificates, licenses as required: and, 6) Response was not executed by the Bidder's.Troposer(s) authorized agent. The fore_=oing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of [lie City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which hai failed to perform tinder the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing, the goods. equipment. services required by the Fornial Solicitation. Bidder Proposer must be able to demonstrate a satisfactory record of performance and integrity: and, have sufficient financial, material. equipment, facility. personnel resources. and expertise to meet all contractual requirements. The terns "equipment and organization" as used herein shall be constFued to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial. technical and other qualifications and abilities of a Bidder'Proposer, including, past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(sYProposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.33. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIO`S OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Speciat Conditions shall be cause for the bid (IFB) to be considered non-responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating netotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Fornial Solicitation. all prices quotedproposed by the bidder proposer must be F.O.B. DESTINATION. inside delivery, with all del ivery costs and charges included in the bid, proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid, proposal. 1.37. FIRM PRICES - The bidder proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Fortttal Solicitation. Such prices w il[ remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed Page 16 of 39 676380,? or supplied over a period of time. 1.38. FLORIDA .1,IIMNIUM WAGE - The Constitution of the State of Florida. Article X. Section ?d, states that employers shall pay employee wages no Icss than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractors) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage carriers and clerical workers. CPIAV, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum weave 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 I st. At the time of responding, it is bidder proposer and his'her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at anygiven point in time during the term of the contract. If impacted, bidder'proposer must fiu-nish employee name(s). job title(s), job description(s). and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's. proposer's acknowledgement and understanding that tine Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND TER -NIS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in anv manner be construed as moditvin,. amending or affecting in any wvay the expressed terns and provisions hereof. V 1.41. HEALTH INSURANCE PORTABILITY .AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Mianni with a function or activity involving, the use or disclosure of "individually identifiable health mformation (IIHI) andbr Protected Health Information (PEI[) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. I [IPAA 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 [lie City of Nfianmi of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder'Proposer and reasonable assurances that IIHI/PH[ will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Xlaking PI 11 available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of.fiatni for an accounting of disclosures: and H. Making internal practices, books and records related to PILI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data), The Bidden Proposer must give its customers written notice of its privacy information Paae 17 of 39 676350.? practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify, hold -save harmless and defend at its own costs and expense the City, its officials, officers, agents, directors, and employees, front liabilities, damages, losses, and costs, includin ,. but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents. directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resultin4 from the permitted work, even if it is alleged that the City, its officials andior employees were negligent. These indemnifications shall survive the term of this Contract_ In the event that any action or proceedintig is brought a�aminst City by reason of any such claim or demand. Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that anv insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnity. keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided, V The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding. or to provide for such defense, at City's option. any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and or a 725.08. Fla. Statues. as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and reco;_=nizes that the City shall not he held liable or responsible for any claims which may result from anv actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor,. the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43. FOR_-MATION AND DESCRIPTIVE LITERATURE —Bidders Proposer must furnish all inforrnation requested in the spaces provided in Elie Formal Solicitation. Further, as may be specified elsewhere, each Bidder,Proposer must submit for evaluation, cuts, sketches. descriptive litcrarure, technical specifications, and Nlaterial Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on rile with the Buyer will not satisfy this provision. 1.44. INSPECTION'S - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and, or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall 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 15-79), as same may be amended or supplemented from time to time. 1.43. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are a%ailable on the City's Page 18 of 39 676380.2 Web Site following recommendation for award 1,46. INSURANCE - Within ten ( 10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirenlents listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar darn to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award. the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder`Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirernents shall be directed to the Risk Administrator, Department orRisk alanagement, at 444 SA' ?nd Avenue. 9th Floor. Miami. Florida 33130, 305-416-1604. The BidderProposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period: including any and all option terms that may be .ranted to the Bidder/Proposer. 1.47. INVOICES - Invoices shall contain purchase order number and details of goods andlor services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes {Prompt Payment Act). 1.18. LOCAL PREFERENCE A. 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 locat bidders who maintain a local office, as defined in Section 13-73. is within fifteen percent (15"o) 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 opportunin- to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be niade to the lowest responsive, responsible bidder submittin_ 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 aware[ shall be made to the local bidder." B. City Code Section 18-86, states, -'the RFP, RFLI or RFQ. as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer. include a five (5"o) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 13-73. In such cases. this five (5"') percent evaluation criterion in Favor of proposers v. -ho maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise. it will not apply. 1.49. 'MANUFACTURER'S CERTIFICATIO:1 -The City reserves the right to request from bidders,"proposers a separate wlanuf'acturer's Certification of all statements made in the bid, proposal. Failure to provide such certification may result in the rejection of bid. proposal or termination of contract agreement. for which the bidder.'proposer must bear fill liability. 1.50. MODIFICATIONS OR CHANCES IN PURCHASE ORDERS ;AND COtiTRAACTS -Ivo contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, ifapplicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami. Florida through the issuance of a change order, addendunn, amendment, or supplement to the contract, purchase order or award sheet Pane 19 of 39 676380.? as appropriate 1,51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership orjoint venture between the City of Nlianii and Contractor, or to create any other similar relationship between the parties. 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not confonninvw to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items riot delivered as per delivery date in the response and or Purchase Order may result in bidder proposer being found in default in which event any and all re -procurement costs may be charged a-ainst the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NON DISC RIM INATION' —Bidder'Proposer a-rees that it shall not discriminate as to race, sex.. color, age, religion, national origin. marital status, or disability in connection with its performance tinder this formal solicitation. Furthermore, Bidder Proposer agrees that no otherwise qualified individual shall solely by reason of hisrher race, set, color, alae.. religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of. or be subjected to. discrimination under any program or activity. In connection with the conduct of its business, including= performance of services and employment of personnel. Bidder'Proposer shall not discriminate against any person on the basis of race, color, religion, disability. ale, sex. marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. r 1.54. NOyi-E\CLLSIVE CONTRACT/ PiGGYBACK PROVISION - At such times as mar serve its best interest. the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and.'or services, and to make use of other competitively bid (governmental) contracts, agreements. or other similar sources for the purchase of these goods and. or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of due successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased tinder the terms. conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55, OCCUPATiONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of )Banti and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others %with a location outside the City of Miatni shall meet their local Occupational License Tax requirements. A copy of the license Hurst be submitted with the response, however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 156. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. Page 20 of 39 676380.2 1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records. files, or any other matter whatsoever w hick is given by the City to the successful Bidder Proposer pursuant to this fonnal solicitation shall at all times remain the property of the City and sha)1 not be used by the Bidder Proposer for any other purposes whatsoever without the written consent of the City. 1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law, 1.59. PER FORMANCEIPAY'MENT BOND —A Contractor may be required to furnish a Performance Payment Bond as pail of the requirements of this Contract, in an amount equal to one hundred percent I l00° o) of the contract price. 1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT)—Bidders/Proposers are expected to examine the specifications_ required delivery, drawing=s. and all special and general conditions. All bid proposed amounts, if required. shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's,'Proposer's risk. A. Each Bidder Proposer shall furnish the information required in the Formal Solicitation, The Bidder'Proposer shall sign the Response and print in ink or type the name of the Bidder Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall incitrde packaein r. handling and shipping. and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder Proposer shall include in the response all taxes, insurance, social security, workmen's compensation. and any other benefits normally paid by the Bidder Proposer to its employees. If applicable, a unit price shall be entered in the "Unit f rice" column for each itom. Based upon estimated quantity, an extended price shall be entered in the --Extended Mee'* column for each item otTered. In case of a discrepancy between the unit price and extended price. the unit price will be presumed correot. C. The Bidder'Proposer must state a definite time, if required, in calendar days for delivery of goods and"or services. D. The Bidder Proposer should retain a copy of all response documents for future reference. E. All responses. as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firth by his. her signature. Bids,'Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response maybe rejected. F. Responses are to remain valid for at least 180 days. Upon award of contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder'Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING IIARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS. UNLESS OTHERWISE SPECIFIED. AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEE` IED NON-RESPONSIVE, L61. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of Pazge 21 of 39 676380.2 market chanut or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturers product becomes unavailable during the term of the Contract. the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fez, commission, percentage, brokerage fee, orgift of any kind contingent upon or in connection with, the award of this Contract. L Y 1.64. PRO.NIPT PAN"NIENT —Bidders; Proposers may offer a cash discount for prompt payment, however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders. Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder Proposer must enter zero (0) for the percentage discount to indicate no discount. If the BidderTroposer fails to enter a percentage, it is understood and agreed that the terns shall be Tto 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 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 tite Price Sheet will be accepted from successful bidders proposers durinu the term of the contract. 1.6;, PROPERTY- Property owned by the City of iMianri is the responsibility of the City of ]Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurrimi to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BI\DING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of tltc parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases 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 2S7.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Page 22 of 39 676350,2 1.68, PUBLIC RECORDS - Contractor understands that the public shall have access. at all reasonable times, to all documents and information pertaining to City contracts. subject to the provisions of Chapter 119, Florida Statutes. and City of Miami Code, Section 18. Article 111. and a_>rees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section 1 19.0701, Florida Statutes. entitled "Contracts;. public records". Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City-. 1.69. QUALITY" OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT -All materials used in the manufacturing or construction of supplies, materials, or equipment cowered by this solicitation shall be new. The items bid. proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.71). QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. ivlaterials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.71. REMEDIES PRIOR TO ANVARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable. or revised to comply with the law. 1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-10-5) (a) Authority to resolve Contract disputes. The City Manager, atter obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them: provided that, in cases involving an amount greater than S-15,000, the City Commission must approve the City \lanagers decision. SUCK authority extends. %%ithout limitation, to controversies based upon breach of Contract, mistake. misrepresentation or lack of complete pctlorniance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. Ira 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 h[anager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting patty, along with a notice of such parry's right to seek judicial relief, provided that thr protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shalt 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 S25.000. L Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing 1.Protest of Solicitation. i. Any prospective proposer who perceives it -elf 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 tiled when received by the Chief Procurement Officer; or Page 23 of 39 676380,2 if, Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer wvithin three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered tiled when received by the Chief Procurement Officer. 2. Protest of Award. i. A written notice of intent to file a protest shall be filed with the Cthief Procurement Officer widen rvo days after receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing* Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field. the Bidder Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be tiled with the Chief Procurement Officer within two days atter 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 continued 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. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer wvithin five (3) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The wwrillen protest may not challenge the relative weight of the evaluation criteria or the forrmila 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 M. 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 film, 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 tin until the end of the nest 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. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he,'she receives the protest. In cases involving more than S25.000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or Page 34 of 39 676330,3 [lie 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 orthis 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 detennination that the solicitation process or the Contract award must be continued Without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a tiling fee in the form of a money order or cashier's cheek payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or 55000,00, whichever is less, which filing fee shall-Liarantee 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. 1.74. SAMPLES - Samples of items, when required. must be submitted within the time specified at no expense to the City. If not destroyed by testing. bidder(s)iproposer(s) will be notified to remove samples. at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the proper of the City. 1.75. SELLING, TRANSFERRING OR .-ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except tinder and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned. in (lie City's sole discretion. 1.76. SERVICE AND NVARRaNTY —When specified. the bidder proposer shall define all warranty, service and replacements that will be provided. Bidders Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SI L.ENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meanings that only the best commercial practices are to prevail and that only materials of first quality and correct type. size and design are to be used. All workmanship and sen -ices is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. Ifyour firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidderproposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid,proposal. 1.75. SUB-NIISSION' AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the 1F13, RFP, RFQ, or RFLI. NO EXCEPTIONS. B i dders,' Proposers are welcome to attend the solicitation closing, however, no Page 25 of 39 676330,2 award will be made at that time A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder'Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non-responsi ti e. Directions to City Hall: FRO -'%I TI IE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US]. US I SOU'TI I TO 27TH AVE.. TURN LEFT. PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT). TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM TI fE SOUTH: US I NORTII TO 27TH AVENUE. TURN RIGHT. PROCEED SOUTH TO SO. BAYSIIORE DR. ORD TRAFFIC LIGHT), TURN LEFT, I BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY IIALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid proposal - D. The responsibility for obtaining and submitting, a response on or before the close date is solely and strictly the responsibility of Sidder'Proposer, The City of Miami is not responsible for delays caused by the United States mail delivery or caused by anv other occurrence. Responses received after the solicitation closing date and time will be retumed unopened. and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closin, of solicitation responses. All modifications must be submitted via the Oracle System or in writin4. Once a solicitation closes (closed date and.'or time expires). the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope. box or package must contain the information previously stated in 1.82.A. 1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and.`or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders,Proposers should he aware of the fact that all materials and supplies which are purchased by the Bidder'Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.03, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder.Proposer. 1.80. TERM INATION —The City ManaLaer on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply. A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for Page 26 of 39 676380 .2 its own convenience; C. Funds are not available to cover the cost of the goods and. or services. The City's obligation is contingent upon the availability of appropriate rands. 1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and. or services awarded to a Bidder`Proposer have been recei� ed, inspected. and found to comply with award specitteations. free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of.Mianhi. Payment shall be made after delivery, within 45 days of receipt ofan invoice and authorized inspection and acceptance of the goods.'services and pursuant to Section 213.7.1, Florida Statutes and other applicable law_ 1.82, TIMELY DELIVERY- Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.83, TITLE - Title to the VIMS or equipment shall not pass to the City until atter the City has accepted the goods/equipment or used the goods, whichever comes first. 1.84.TRADE SECRETS EXECUTION'TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret', all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope. clearly identified as "TR.-kDE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person, By your designation of material in your Response as a "trade secret' you agree to indemnify and hold harmless the City_ for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)IProposer(s) nor any orhis her enhployees shall perform any work: or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work perfornhed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.86. 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 this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders."proposers must indicate any variances from the solicitation specifications and or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 27 of 39 6715380,2 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Decontamination, Maintenance, and Disposal of Waste for Miami Police Indoor Firearm Ranke, as specified herein, from a sourec(s). fiilly compliant with the temts. conditions and stipulations of the solicitation. 2.2. BIDDERS MINIMUM QUALIFICATIONS Bids will be considered only #rom firms that are regularly engaged in the business of providing goods andor services as described in this Bid, that have a record of performance for five (5) years: and that have adequate financial support. equipment and organization to insure that they can satisfactorily provide the goods and or services if awarded a Contract under the terms and conditions herein stated. Bidder shall: ( I ) Not have anv member. officer, or stockholder that is in arrears or is in default of any- debt or contract involcinu the City, is a defaulter surety othenvise. upon any obligation to the City, and or has failed to perform faithfully on� any precious contract with the City. (2) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt within the last three (3) years. 2.3. SUBCONTRACTOR(S)'S Ml_NI.<IUNI REQUIREMENTS Bidder mast list any or all subcontractor(s) that may be utilized to assist in the performance of the -work specificied herein_ Any subcontractors) listed must meet the same requirements and submit the same information listed under the Bidder's Vlrnrtnum Oviahfrcatians section. All informiation required shall be included in the solicitation response. If Bidder does not include any subcontractor(s) as part of its bid submittal, it will be construed that Bidder will be able to handle the entire workload by itself and will not be allowed to subcontract any of the woric unless it request in uridug the hiring of subcontractor(s) with the aforementioned requirements attached to its request within seventy tvyo (72) hones of considering hiring subcontractor(s). The City "ill grant or deny such request in writing within forty-eight (48) hours of receiving said request. 2.4. PRE-BID CONFERENCE AND SITE VISIT A Voluntary pre-bid conference and site visit will be held on Thursday An«ust 3, 2017 at 10:30 ANT, at Miami Police Collevtye Indoor Firearm Ran -e, 350 NW 2nd Ave, Miami, FL 331'8. Dtnrins: this conference, all potential Bidders will have an opportunity to inspect the facility and familiarize themselves further with the nature of the work. All questions and answers adversely affecting the scope of work'specitications of the bid will be included in an addendum and sent immediately following the conference to all the attendees. 2.5, DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFOR3IATIO.N/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: Richard McLaren, C.P.M., far: (305) 400-510.4 or email; rmclarenCimiamigov.com, and a copy filed with the Office of the City Clerk, pursuant to Section 1.20. Cone of Silence. The solicitation title Page 28 of 39 676330,? and number shall be referenced on all correspondence. All questions must be received no later than Tuesday Au -rust 3. 2017 at 3 P%l. 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 DEADUNE. 2.6. TERNI OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for duce (3) years with the option to renew for one (1) additional three (3) year period, subject to the availability of tends 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. 2.7. INSURANCE REQUIREMENTS INDEMNIFICATION Successfitl Bidder shall. indemnify, hold'save harmless and defend at its oven costs and expense, the City and its officials, from and against any and all claims. liabilities, losses, and causes of action, which may arise out of Successful Bidder's performance under the provisions of the contract, including all acts or omissions to act on the part of Successful Bidder, including any person performing under this Contract for or on Successful Bidder's behalf. provided that any such claims. liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract. unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense ofany such claim. or the investigation theieuf. The Successful Bidder shall furnish to City of Miami, c o Procurement Department, 443 Sib 2nd Avetnle, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance cmcra,e has been obtained which meets the requirements as outlined below: (1) NN-orker's Compensation A. Limits of Liability Statutory - State of Florida Waiver of subrouation Employer's Liability B. Limits of Liability S 1,000,000,00 for bodily injury caused by an accident, each accident. S 1,000,000.00 for bodily injury caused by disease. each employee 51,000,000.00 for bodily injury caused by disease, policy limit (2) Commercial General Liability: (Primary & Non -Contributory) A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence: S 1,000,000.00 Page 29 of 39 676330,' General A-ereaate Limit: S2.000,000.00 Personal and Adv. Injury: 51,000,000.00 Products 'Completed Operations: 51,000,000.00. B. Endorsements Required: City of Miami included as an Additional insured. Contingent Liability& Contractual Exposures "XCU' hazards ineluded Premises,'Operations Liability Primary Insurance Clause Endorsement (3) BusinessAutotnobile Liability A. Limits of Liability Bodily injury and property danua-c liability combined single limits. Any Auto. Owned autos. or scheduled, includin.- hired, borrowed or owned, or non -owned autos used in connection with the work - Anv one accident S 1.000,000.00 B. Endorsements Required: City of `Miami listed as an Additional Insured Pollution Endorsement, if applicable (q) Umbrella Policy (Excess Follow Form) A. Limits of Liability Bodily Injury and Property Dama.-c Liability Each OCCnrrence 51,000,000.00 Aaareaate S 1,000,000.00 B. Endorsements Required: City of Miami included as an Additional Insured (5) Pollution Liability (If applicable) A. Limits of Liability Each occurrence S 1,000,000.00 Policy Aggregate 51,000,000.00 B. Endorsements Required: City of Miami included as an Additional Insured (6) Professional Liability/Error's & Omissions A. Limits of Liability Each claim: S 1,000,000.00 Page 30 of 39 676330,2 General aggregate limit: S1,000,000.00 Retro Date Included BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the 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 4"' as to financial strength. by the latest edition of Best's Insurance Guide, published by A.N1. Best Company. Oldwick, New Jersey, or its V 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 iWIUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Bidder of his 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 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: (A) Suspend the contract until such time as the new or renewwed certificates are received by the City in (lie manner prescribed in the ]nwitation for Bid. (B) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Successful Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Bidder. The City reserves the right to request copies of all insurance policies, including, but not limited to all applicable coverage endorsements from the provider. Successful Bidder, shall upon City's request, promptly comply and furnish the City with the requested documentation. 2.8. REFERENCES Bidder shall submit the required information for three (3) Client References as outlined in the Attributes portion of the Header section of this IFB. NO BID SUBMITTAL SHALL BE CONSIDERED WITFIOUT THIS I`FQRNIATIQN 2.9. METHOD OF AWARD Page 31 of 39 676380 Award of this contract will be made to the lowest responsive and responsible Bidder who meets Specifications. herein. 2.10. TIE BIBS Whenever two or more Bids which are equal with respect to price, qualm- 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 fol lowed if none of the tied vendors have a drug-free workplace prograrn. 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 cotMsehrig. 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 sen ices that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1). notify the employees that, as a condition of working on the commodities or contractual services iliac 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 anv controlled substance lav of the United. States or any state, for a violation occurring in the workplace no later than five (a) days after such con'iction. (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 2,11. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: ( I ) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of hinds 2.12. 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 tinder this contract. then the City, upon written notice to the Successful Bidder or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any Bidder(s). Page 32 of 39 67638M 2.13. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder or supervisor and or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Successful Bidder in default of the contract or make appropriate reductions in the contract payment, 2.14. METHOD OF PAYMENT Full payment shall be made upon receipt and acceptance of all completed, properly invoiced, and approved billings. No partial payments shall be made. 2.15. RESPONSE TIME A forty-eiglit 1481 ]tour response time shall be required for service calls. Failure to respond to a service call within said timeframe may result in the Successful Bidder paying any and all costs associated with another vendor's provision of those services. 2.16. PROJECT MANAGER Upon award, SLIeCeSSfnl Bidder shall report and work directly with Angel Blanco, CGC, City of Miami Police Department Facilities Maintenance Manager or designee, who shall be designated as the Project Manager. 2.17. SUPERVISION The Successful Bidder at all times must either be personally present at the worksite or be represented at the worksite by a responsible agent or agents designated by the Successful Bidder in written notice to the City prior to the beginnin..4 ofwork. Such notification shall include pertinent data such as addresses, phone numbers, etc., where said agent or agents may be contacted at any title of the day or night. The agent or agents shall be clotlxed with dull authority to act for the Successful Bidder in all cases, and to carry out any instructions relative to the work that may be required by the City. 2.18. PARTS ANDMATERIALS SHALL BE NENV AND WARRANTED AGAINST DEFECTS All parts installed and materials used in perforntance of this contract shall be new and unused (of current design or manufacture). Salvage parts and materials shall not be allowed without the express consent of the City. All parts and materials shall be of the highest quality, shall be warranted and fit for the particular purpose intended, and shall conform with all applicable standards and requirements so as to ensure safe and functional usage_ In the event any such parts and materials supplied to the City by the Successful Bidder are found to be defective or non -conforming with the specifications herein, the City shall reserve the right to return said parts and materials to the SUCCeSSful Bidder for replacement of the same at the SuC 5Sftl Bidder's sole expense. 2.19. COMPLETE SER'V'ICES Upon completion of set -vices, Successful Bidder shall notify the City. The City shall inspect and approve Page 33 of 39 676330.2 the Services prior to the authorization of payment. Services not satisfactorily- completed shall be provided again by the Successful Bidder at no additional charge to the City. 2.20. SAFETY MEASURES Successful Bidder shall take all necessary precautions for the safety of employees. and shal I erect and properly maintain at all times all necessary safe,uards for the protection of the employees and the public. Danger signs warning against hazards created by his.'her operation and work in progress must be posted. y All employees of Successful Bidder shall be expected to a ear safety glasses or Uoggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder shall use only equipment that is fully operational and in safe operating order. 2.2 1. QUALITY OF WORK All work shall be performed using superior maintenance standards and techniques. The frequencies established for repetititie maintenance tasks are minimum frequencies. which may be increased if deemed necessary and requested by the City. 2.22. ADDITIONS/DELE'Tiom OF FACILITIES'PRODUCTS/SUPPLIERS Although this Solicitation identities specific facilities/products to be serviced. it is hereby agreed and understood that any facilities, products suppliers may be added;deleted to' from this contract at the option of the City. When an additional product to the contract is required, the suppliers shall be invited to submit price quotes for these new product(s). If prices are not competitive or not earried. 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.'suppliers, they shall be added to the contract, whichever is in the best interest of the City, and an addendum and a separate purchase order shall be issued by the City, 2.23. TER.NII\ATION' A. FOR DEFAULT If SnCCeSSful Bidder defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City \Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of \liami. In such event the Successful Bidder shall be liable for damaues includinv the excess cost of procuring similar supplies or services: provided that if, ( [) it is determined for any reason that the Successful Bidder was not in default or (2) the Successful Bidder's failure to perform is without his or his Subcontractor's control. fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Itlanager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interest of the City of %l iami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of,\iiami the Successfitl Bidder will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated.. the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services Page 34 of 39 676340,? rendered prior to termination - 2.24 , ADDITIONAL TERMS AND CONDITIONS No additional tennis and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shalt 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 afti.eed to the Bidder's acknowledgment form attests to this. Page 35 of 39 676380 3. Specifications. 3.1. SPECIFICATIONS/SCOPE, OF WORK The Successful Bidder shall schedule wvith Project .Manager or designee and complete full decontamination, maintenance. and legal disposal services. inclusive of all materials and supplies as needed on a quarterly (every three (3) months) and as needed basis at the Miami Police Colle+,e Indoor Firearms Ran„e located at .350 NAV. 2nd Avenue. Miami. FL 33138 (ati_iacent to the Miami Police ileadquarters Building). The Successful Bidder shall subcontract as needed authorized technicians to service the Cartier HVAC Svstem, Action Target System, Mancom System. Johnson Controls System, and Lutron System. In addition, the service shall include legal disposal of all waste materials. These costs will be a pass through (no markup) to the City, prior approval ol'Project 4lanager and proper documentation is required for reimbursement. Successful Bidder shall comply %with all Federal, State, and local regulations and codes as listed below, but not limited to the following: A. Occupational Safety and 1-lcalth Administration (OSHA) 1. 29 CFR 1910 General Industry Standard 2. 29 CFR 1910.1025 Lead 3. 29 CFR 1910.134 Respiratory Protection q. 29 CFR 1910.1200 Hazard Communication 5. 29 CFR 1910.145 Specifications for Accident Prevention signs and Tags 6. 20 CFR 1926 Constriction Industry Standard B. Environmental Protection Agency -(EPA) I . 40 CFR 260, 261, 262, 263, 264, and 265 hazardous Waste Regulations C. Department of Transportation (DOT) 1. 49 CFR 172, 173, 178. and 179 Regulations for Labeling, Mailing, and Transporting Hazardous Waste D. American rational Standard Institute (ANSI) Publications 1. 233.2-80 Practices for Respiratory Protection 3.2. SERVICES TO BE PERFORMED A. General Services: At a minimum, Services shall include the following: 1. Mobilization of any and all equipment necessary for the job site, and initial set-up of a de -contamination unit. 2. Clean Action Target bullet trap, auger system and dust collection unit and remove and dispose of all ballet material per applicable code. There should always be two (2) empty barrels at the auger system. Inspect, lube, adjust. and repair 'inline fan in Dust Collection Unit (DCU). Service to include Action Target system, ,Mancom Page 36 of 39 676380,? system. Johnson Controls, and Lutron panels, 3. Exhaust system: Inspect and lube motor and fan bearings. Inspect and clean fan wheel. Inspect and lube motor bearings per manufactures instructions. 4. Supply System: Inspect for free smooth operation of the linkage. Lube the motor supply bearings and fan bearings, Inspect and,or adjust tension of belts if applicable. Inspect supply fan wheel and clean as required. 5. Replace belts used for the intake and exhaust as needed. 6. Recycle all lead, copper, zinc dust generated in the range, dispose recycle all according to applicable Citv'State.'Federal Code. 4 7. Provide chain of custody and signed certified disposal documents, per applicable code. 8_ Empty each and every 3.5 gallon bucket under the DCU, inspect the bucket and seal, replacement of the same, and adjust as necessary. Also, inspect air compressor oil levels, air lines for leaks, repair/replenish as needed. Drain water from compressor tank and drier, change drier filter and air filter, lube and adjust per Action Target specifications and test the unit. 9. Replace any and all damaged and or broken buckets with new factory supplied colored buckets; repair or replacement of brackets: and, replace, as necessary, with new style fasteners. 10. Provide for full and thorough High Efficiency Particulate Air (HEPA) Vacuuming of the entire surface area in the range, from the back wail behind the firing line to the backstop, as well as the entire interior area behind (lie backstop from the floor to a 10' minimum height, inclusive of all floor area, walls, baffles (front and rear) and associated equipment. Decontaminate the Control Booth, inspect deflector edges in between positions for deformation damage, fasten properly to the wall. inspect for gaps between the deflector and the vvall for proper angle, grind or replace for proper operation. Decontaminate above vertical surfaces of target track rails and remove bullet casings, inspect and lube track and leave in proper operating condition. 11. Provide for full and thorough Lend, Zinc_ and Copper wipe -down -- a full decontamination -- of any and all exposed surfaces in both horizontal and Vertical positions at the range, inclusive of any and all walls, floors, counters, etc., with a fiull cleaning and HEPA vacuuming: as well as. the oiling lubrication of impact plates and range deceleration chambers in front of the range and in front of the impact plates. 12. For filters and service of the DCC: Removal of all contaminated 95% DCC filters as well as the dismantling, bagging, transportim, ILU-NIAT recycling and disposal of old filters. 13. Provide for a thorough cleaning, HEPA vacuuming, and D -Lead wipes to wipe -down interior of air handling system after removal of all contaminated filters. 14. Replace Supra High -Efficiency, 95"'o DCU cartridge filters (4 filters) as specified by Action Target and load compound to achieve proper operating pressure differential, as specified by Action Target, This service shall be performed at least annually. V 15. Thorough cleaning and Lead. Copper. and Zinc wipe down of the concrete area surrounding the drum and the surrounding area around the auger unit. W Replace tillers and service the air handling unit (upstairs): 24" x 24" x 11.5" FIEPA filters (99.97",o (4 .3 micron) (30 filters), I ligh Capacity, header less wood box frame with full seal, This service shall be perforated at least annually. 17. Removal, processing, bagging. sealing, transportin_r, and IIAZ-,IAT recycling of each contaminated HEPA filter, and replacement with a ne\V filter after cleaning of the air handling unit. 18. Replace 24" x 24" x 22" Camfil Hi -Flo Safe Range Ultra hi -h dost holding capacity, severe duty, \liniolunm Efficiency Reporting Value (MERV) 14 bag filter (20 filters), specifically designed for gun ranges. This service shall be performed at least semi-annually. Page 37 of 39 676380.2 19. Removal of all contaminated 851N ash-trav filters, as well as processing. ba -ging, transporting, and HAZ-MAT recycling. Including installation of new filters after cleaning of the air handling trait. 20. Replace 24" e 24" c 2" I ligh capacity, High efficiency. MI=RE' V pleated pre-filter(s) (20 filters). Removal, processing, bagging, sealing, transporting, and FIAZ-NIAT recycling of each Lead. Copper, and Zinc contaminated pre -filter, and replacement with a new filter. This service shall be performed at least quarterly. 21. Full inspection of the range and ventilation systems. especially noting= any safety concerns in the range and air leakage:. insuring negative pressure, checking and recording titter pressure readings, etc.: and, making any necessary repairs or adjustments as may be required including doors. locksfgaskets, B. Exhaust System: Successful Bidder shall: I . Inspect and lube motor and fan bearings. Inspect and clean fan wheel. Inspect and lube motor bearings per manufacturer's instntctions. C. Supply System: Successful Bidder shall: 1. Inspect for free and smooth operation of the linkage. 2. Lube the motor supply bearings and fan bearings. 3. Inspect and adjust tension of belts. 4. Inspect supply fan wheel and clean the same. 5, Replace belts used for intake and exhaust, and re -tensioning as may be necessary. 6. Recvcle Lead. Copper, and Zinc dust generated on the range, as well as the sealing, weighing. and sending of the same to an (EPA) permitted facility. Properly ;end all recyclable Lead, Copper and Zinc related materials (pre -determined as recyclable) to an EPA certified smelter in the State of Florida in sealed Health Impact Assessment (HIA) chums and recycled in compliance with all national, state, and local reygulations. D. Miscellaneous: Successfril Bidder shall: I . Provide eight (8) Pre and eight (8) Post confirmation lead testing samplin=gs Cit a threshold of 500 parts per million (ppm) in range floor areas and 200 ppm in classroom areas designated by the Miami Police Department Project Manager or designee. y 2. Provide up to forty (40) hours of consultation services (if requested) on an annual basis for the designated staff at the Miami Police Col[eee Indoor Firearms Range concerning range maintenance, safety, and daily clean -tip measures, at no additional cost to the City. 3. Credit any and all monies received from recycling to the City as a credit on the invoice. 4. Perform annual air samplings to include at least 2 officers that are using the range and one background. 5. Provide ©SI IA lead awareness training twice per year as required by OSHA, E. Visits In addition to the minimum services. the Successful Bidder shall perforin the following service checks as indicated Page 38 of 39 6763 80,2 below for visits one 0 ) throttalt four (4). Initial Visit (Line l) to include: 1, Thorough cleaning to establish a baseline. 2. Change pre -filters. document hours on HVAC and perform regular range maintenance. 3. Replace all 4 Supra High -Efficiency filters. 4. Replace all 20 [-TEPA filters, a. Replace all 20 Camfil Hi -Flo Safe Range filters 6. Empty any and all barrels, that are located on the premises Second Visit (Line r2) (regular quarterly visit) I. Clean range to maintain baseline. 2, Replace all 20 pre-fi€Iters. 3. Perform other maintenance as specified Third Visit (Line#3) 1. Clean range to maintain baseline. 2. Replace all 20 pre -filters. 3. Replace all 20 Camtil Hi -Flo Safe Range filters. 4. Perform other maintenance as specified Fourth Visit (Line 04) 1. Clean range to maintain baseline. _'. Replace all 20 pre -filters. 3, Perform other maintenance as specified Emergency Visit ( Line i*3) [ [ourly rate plus required parts at pass through cost (no markup). Parts need preapproval by Project Manager or designee. 3.3. CITY" REQUIREMENTS The City's Action Target System communicates wk ith the Johnson Controls and %lancom panels. All quarterly deeontaminatiotti'maintenance visits will need to include representatives of Johnson Controls, 'Mancom and Carrier HVAC technicians to insure all control points are working properly. Police Project iwlanarer or designee will work closely with Successful Bidder to coordinate quarterly decontaminationOmairttenance visits. Page 39 of 39