HomeMy WebLinkAboutInvitation for BidCity of Miami
* INCORP 6flATE0
16 96�"
Purchasing Department
CQ1 ri �o� Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://cl.miami.fl.us/procurement
Number: 631380
Title: REBID - Invitation for Bid for Gym
Equipment Preventive Maintenance and
Repairs
Issue Date/Time: 15-JUL-2016
Closing Date/Time: 09 -AUG -2016 @ 15:00:00
Pre -Bid Conference:
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification:
Buyer:
Hard Copy Submittal Location:
Buyer E -Mail Address:
Buyer Facsimile:
July 26, 2016 at 12:OOPM
Gray, Tablia
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
tgray@miamigov.com
305-400-5019
Page 1 of 35
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original, and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all. or any part of this submission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in. all respects fair and without collusion or fiaud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLIER NAME:
ADDRESS:
PHONE: FAX:
EMAIL: BEEPER:
SIGNED BY:
TITLE: DATE:
FAILURE TO COMPLETE. SIGN, AND RETURN TRIS :FORM SHALL DISQUALIFY =S BID.
Page 2 of 35
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Business Tax Receipt/Occupational License Number:
Business Tax Receipt/Occupational License Issuing Agency:
Business Tax Receipt/Occupational License Expiration Date:
Will Subcontractor(s) be used? (Yes or No)
If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will
be responsible for under this contract (a copy of their license(s) must be submitted with your bid
response):
Please list and aclmowledge all addendumladdenda received. List the addendum/addenda number and
date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert
N/A.
If Bidder has a Local Office, as defined under Chapter 18/A belle III, Section 18-73 of the City Code,
has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office
Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the
Oracle Sourcing system ("iSupplier"), under. the Header/Notes and Attachments Section of this
solicitation)
Page 3 of 35
Line: 1
Description: Miscellaneous Fitness Equipment Hourly Repair Rate
Category: 93100-00
Unit of Measure: Hour
Unit Price: $ Number of Units: 1 Total: $
Line: 2
Description: Moore Park - Preventive Maintenance Program as per Section 3.1
Specifications/Scope of Work
Category: 93100-00
Unit of Measure: Month
Unit Price: $ Number of Units: 1 Total: $
Line: 3
Description: Charles Hadley Park - Preventive Maintenance Program as per Section 3.1
Specifications/Scope of Work.
Category: 93100-00
Unit of Measure: Month
Unit Price: $ Number of Units: 1 Total: $
Line: 4
Description: Gibson Park - Preventive Maintenance Program as per Section 3.1,
Specifications/Scope of Work.
Category: 93100-00
Unit of Measure: Month
Unit Price: $ Number of Units: 1 Total: $
Page 4 of 35
Line: 5
Description: Roberto Clemente Park - Preventive Maintenance Program as per Section 3.1,
Specifications/Scope of Work.
Category: 93100-00
Unit of Measure: Month
Unit Price: $ Number of Units: 1 Total: $
Line: 6
Description: Jose Marti Park - Preventive Maintenance Program as per Section 3.1,
Specifications/Scope of Work.
Category: 93100-00
Unit of Measure: Month.
Unit Price: $ Number of Units: 1 Total: $
Line: 7
Description: Shenandoah Park - Preventive Maintenance Program as per Section 3.1,
Specifications/Scope of Work.
Category: 93100-00
Unit of Measure: Month
Unit Price: $ Number of Units: 1 Total: $
Line: 8
Description: Miami Riverside Center Gym - Preventive Maintenance Program as per Section 3.1,
Specifications/Scope of Work
Category: 93100-00
Unit of Measure: Month
Unit Price: $ Number of Units: 1 Total: $
Page 5 of 35
Page 6 of 35
631380
Table of Contents
Termsand Conditions ............................................................................ ......................................................................... 8
1.General Conditions .-...--'.....-.--._-_..-_~~.--~.-._.--...'.-......._..
8
1.1.GENERAL TERMS AND CONDITIONS ................... ...... ............................. ........................ ..........
8
2. Special Conditions .........................
2.1. PURPOSE ..-.~..-.—....-...-.----~....--....-..-._--....-.--.-....-,.28
22.VOLUNTARY SITE INSPECTION -.-....--...-.--........-.._-...----.-..-28
2.3. DEADLINE FOR RECEIPT 0FREQUEST FOR ADDITIONAL
-.........................................................................................
2.4.TERM OFCONTRACT -.—..-.-......--_.,.-..-..----..-.--..-..-....---.28
2.5.METHOD 0F AWARD .—.------.-...---.-.-..-.....-----.-..-.---_-2V
2.6. CONTRACT ADMINISTRATOR ............................... ..................................................... ................. 29
2.7.8ICDIR!SMINIMUM QUALIFICATIONS ................................. ....................................................
2y
2.8, INSURANCE REQUIREMENTS .-..---.—~-.-...-.---.__--.—...-.-....---2D
2.yLIQUIDATED DAMAGES ..-~.,.-.--.....--....---...--..-~.--.~----.--.31
210.7IB8ID8 --......_.-._---'--~_-...,--.----_--'-...—..—.'.-.3l
2,11. RESPONSE TIME .......................................................... ...................................................................
31
2.1lPART AND MATERIAL COST -.--.---.....-.....~.~...--.--.-..,-.-..-._....-...32
2.13. WARRANTY ..-.—....-.....-.----...--_-.-.--..,..-...-.--.....--.---32
214. COMPLETED WORK .---..-.-.-.-.----.--.....-...-._----.--..--....32
2.l5.USE 0F PREMISES ---..._,-....--....--.—.---....---....--_.-..-.--..33
2.l6.DAMAGES TOPUBLIC PROPERTY ...--._~..-.—.._-..—.--..-.__.-....._.33
2LC\SAFETY MEASURES ---.....--.----..--..---....----...----..-.-....33
21O.FAILURE 7OPERFORM ---------..----.-.—...-..-.-.-...-----.--.
33
2.19. OF FUNDS -....^---.~--..._..-...~_.~..-.--.33
22OMETHOD 0FPAYMENT ..................... .... ... ..... ... -........................................................................
33
2.21. OF FACILITIESATEMS ,....--..-.-_''-..—.—..,........
34
2.22ADDITIONAL TERMS AND CONDITIONS .--.-_-..—...---.-.-..-_.-.-~.-.—.34
2.23. TERMINATION ..--..-._.--....—._.-_.-..—.-.--~--,---.--,--_....
34
l....,--_—.—.......—_..._--.-.—_-..--3S
3.I. OF WORK ..--.--.-_.---,.--__-.....-..—_—...35
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Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services
with an estimated aggregate cost of $25,000.00 or more.
Definition: A formal solicitation is defined, as issuance of an Invitation for Bids, Request for Proposals, Request for
Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida
Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this 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
fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the
City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order
upon written notice to the Contractor and retain 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 right to accept or reject any or all responses or parts of
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 bidder/proposer
who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time
contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal
solicitation. The City farther 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://www.ei.miami.fl.us/procurement
1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of
the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent.
1.7. 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
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631380
the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final
payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition
shall result in the immediate cancellation of this contract by the City.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not-for-profit or
quasi -governmental entity in 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 successful bidder(s)/proposer(s).
1,10. AWARD 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/agreement, amendment or
addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the
instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with
Drug -Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified
in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual
obligation if such documents are not submitted in a timely manner and in the form required by the City. Where
Bidder/Proposer is 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 term of the contract shall be specified in one of three documents which shall be issued to the successful
Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar
days beyond the stated contract term in order to provide City departments with continual service and supplies while
a new contract is being solicited, evaluated, and/or awarded. 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 goods to the City, the contract term shall conclude upon
completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split -order, lump sum 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 qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the
right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the
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631380
City's best interests. Such agreement will be furnished. by the City, will contain certain terms as are in the City's
best interests, and will be subject to approval as to legal foam by the City Attorney.
1.11. BID BOND/ BID SECURITY- A cashier's or certified check, or a Bid Bond signed by a recognized surety
company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is
required from all bidders/proposers, 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 Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all
surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after
the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the
formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand.
1.12. RESPONSE FORM (11ARDCOPY 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 be just cause for the annulment of the
award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in
mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or
Proposal most advantageous to the City or all responses maybe rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing
the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not
wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an
approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory
information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the
item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise
specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the
City. Such samples are to be furnished after 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 further expressly agreed that in no event shall the City be liable
for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for.,
or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable
proceedings or on account of any delay for any cause over which the City has no control.
1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without
previous understanding, agreement or connection. either with any person, firm or corporation submitting a response
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for the same items/services or with the City of Miami's Purchasing Department or initiating department. The
Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action.
Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City
will investigate all potential situations where collusion may have occurred and the City reserves the right to reject
any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts
between private entities and local governments are subject to certain laws and regulations, including laws pertaining
to public .records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all
applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but
not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of
race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment
practices, rate of pay or other compensation methods, and training selection.
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672),
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.74 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 Miami Code, a "Cone of Silence" is imposed
upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written
recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the
provision. of goods and services and public works or improvements for amounts greater than $200,000. The Cone of
Silence prohibits any communication. regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but
not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective
staffs and, any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
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oral communications with the City purchasing staff, provided the communication is limited strictly to matters of
process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do
not apply to oral communications at duly noticed site 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, which shall
be made available to any person upon request. The City shall respond in writing and file a copy with the Office of
the City Clerk, which shall be made available to any person upon request. Written communications maybe 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 award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or
consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal
knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a
complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City 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 18-74 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 Formal Solicitation. Any such
interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you
must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or
more of the total assets of capital stock in your firm.
A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may
be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or 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
governmental 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/she/it
is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission;
(ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City.
C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional
services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law.
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Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on
Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of
copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services
provided as a result of this formal solicitation, and 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 therewith shall be borne by the
Bidder(s)/Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority 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 Manager, after consultation with the
Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes
listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than
three years. The City Manager shall also have the authority to suspend a Contractual Party 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 after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following;
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to 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 Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in. violation of a zoning ordinance or any other city ordinance or regulation and for which
the violation remains noncompliant.
(8) Found. in violation of a zoning ordinance or any other city ordinance or regulation and for which a
civil penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
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responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that
neither the Contractual' Party nor any of its principal owners or personnel have been convicted of any of the
violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a
written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided
promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida
debarred or suspended vendor list may not submit a response on a contract to provide goods or services to apublic
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 with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall
include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents,
and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the
Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to
remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall
result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the
effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time
required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree
specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely
completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an.
assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful
Bidder/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 andcharges.incurred by the City as a result of a default or a default incurred beyond the time limits stated,
together with the cost of completing the work, shall be deducted from any monies due or which may become due on
this Contract.
1.28. 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
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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 Rilly perform the contract requirements, and
the integrity and reliability of which give reasonable assurance of good faith and performance.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response
shall 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)/Proposer(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 manufacturer 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 writing to the City's Purchasing Department. Should it be
found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the
purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications,
or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the
following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCE' / DISASTER. PERFORMANCE - In the event of a hurricane or other emergency or disaster
situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this
formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform
for the city on a priority basis during such times of emergency..
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of
Miami Formal Solicitation and specificallythis General Conditions Section, Contractor's Response and any written
agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and
represents the entire understanding and agreement between the parties with respect to the subject matter hereof and
supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the
extent that the 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. ESTIMATED 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:
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1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates or conceals any material fact in the Response
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and,
re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the
City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or
which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under 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 Formal Solicitation. Bidder/Proposer must be able to demonstrate a
satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility,
personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as
used herein shall be construed to mean a fully equipped and well established entity in line with the best industry
practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications and
abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental
entity in making the award.
3) The City may require the Bidder(s)/Proposer(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.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to
time General or Special 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 teams and
conditions of the resulting agreement it may lead to terminating negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by
the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery 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 ofbid/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 Formal Solicitation. Such prices
will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed
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or supplied over a period of time.
1.38. FLORIDA MINIMUM WAGE The Constitution of the State of Florida, Article X, Section 24, states that
employers shall pay employee wages no less than the minimi -un 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 earners and
clerical workers, CPI -W, or a successor index as calculated by the United States Department of Labor. Each
adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on
September 30th of each year and take effect on the following January 1st.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to
determine whether any of its employees may be impacted by this Florida Law at any given point in time during the
term of the contract. If impacted, bidder/proposer must firmish 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 the 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 TERMS - The headings to the various paragraphs of this Contract have been inserted for
convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way
the expressed terms and provisions hereof.
1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (RIPPA) - Any person or
entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of
"individually identifiable health information (HHI) and/or Protected Health Information (PHI) shall comply with the
Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards.
HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the
Bidder/Proposer and reasonable assurances that IIIII/PHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested
by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or
electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information
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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 harmless and defend the City, its officials, officers,
agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of
Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify,
hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions,
statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that
the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this
Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand,
Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory
to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or
otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and
defend the City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate,
supplemental or bankruptcy proceeding, onto 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 §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 recognizes that the City shall not be held liable or responsible for any claims which may
result from any 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. FORMATION AND DESCRIPTIVE LITERATURE—Bidders/Proposer must furnish all information
requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each
Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and
Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted
with a previous response or on file with the Buyer will not satisfy this provision.
1.44. INSPECTIONS - 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 18-79), as same may be
amended or supplemented from time to time.
1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not
be made available until such time as the City provides notice of a decision or intended decision or within 30 days
after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be famished upon request via
fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's
Web Site following recommendation for award.
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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 requirements listed on the Special Conditions entitled "Insurance
Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance
certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the
Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit
a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner
prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be
in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances,
the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any
insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW
2nd Avenue, 9th Floor; Miami, Florida 33130, 305416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in effect for the duration of the contractual period; including any and all option terms that may be
granted to the Bidder/Proposer.
1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered
(i.e.. quantity, unit price, extended price, etc); and incompliance with Chapter 218 of the Florida Statutes (Prompt
Payment Act),
1.48. 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 local bidders who maintain a local office, as
defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that
non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to
submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local
bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and
final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award
shall be made to the local bidder."
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%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in
Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local
office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply.
1.49. MANUFACTURER'S CERTIFICATION -The City reserves the right to request from bidders/proposers a
separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such
certification may result in the rejection ofbid/proposal or termination of contract/agreement, for which the
bidder/proposer must bear full liability.
1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or
understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be
binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through
the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet
as appropriate.
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1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or
construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other
similar relationship between the parties.
1.52. NONCONFORMANCE TO CONTRACT CONDITIONS Items may be tested for compliance with
specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other
appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with
specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes.
Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense.
These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in
bidder/proposer being foiuid in default in which event any and all re -procurement costs may be charged against the
defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from,
the City of Miami's Supplier's list.
1.53. NONDISCRIMINATION—Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age,
religion, national origin, marital status, or disability in connection with its performance under this formal
solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of
his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation
in, 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, age, sex,
marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity
for employment.
1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best
interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein
goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other
similar sources for the purchase of these goods and/or services as may be available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the
successful bidders)/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 constriction
projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms,
conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best
interest of the City.
1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or jointventure, with a business 'location in
the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational
License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a
location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the
license must 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.
1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture
will be considered in response to this Formal Solicitation,
1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records,
files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this
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formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for
any other purposes whatsoever without the written consent of the City.
1.58. PARTIAL INVALIDITY -• If any provision of this Contract or the application thereof to any person or
circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such
provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and
each provision of this Contract shall be valid and enforced to the fullest extent permitted by law.
1.59. PERFORIYIANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment
Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract
price.
1.60. PREPARATION OF RESPONSES (HARD COPY FORMAT)—Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed
amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be
at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer
shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on
the face page and on each continuation sheet thereof on which he/she makes an entry, as required.
B. If so required, the 'unit price for each unit offered shall be shown, and such price shall include packaging,
handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer
shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits
normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit
Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended
Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit
price will be presumed correct.
C. The Bidder/Proposer must 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 firm 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 a contract, the content of the Successful
Bidder's/Proposor'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
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS
OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY
OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE.
1.61. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of
market change or on the part of the contractor to other customers shall be passed on to the City of Miami.
1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product
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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 -
Contraetor represents and warrants to the City that it has not employed or retained any person or company employed
by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any
fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of
this Contract.
1.64, PROMPT PAYMENT—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 theDidder/Proposer fails to enter a percentage, itis understood and
agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City,
whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or
receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to
damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount
is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash
discount with the period commencing on the date it is determined by the City that a cash discount applies.
Price discounts off the original prices quoted on the: Price Sheet will be accepted from successful bidders/proposers
during the term of the contract.
1.65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property
furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami.
Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the
Contractor. Damages occurring 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 BINDING - 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 the parties
hereto and their respective heirs, legal representati res, 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 constriction 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
287.017, for. CATEGORY TWO for a period of 3 6 months from the date of being placed on the convicted vendor
list.
1.68. PUBLIC RECORDS - Contractor understaads 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,
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and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of
Section 119.0701, 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 covered 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.
1.70. QUALITY OF WORKISERVICES - The work/services performed must be of the highest quality and
workmanship. Materials furnished to complete the service shall be new and of the highest quality except as
otherwise specified in this Solicitation.
1.71. REMEDIES PRIOR TO AWARD (See. 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 (See. 18-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall
have the authority to resolve 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 $25,000, the City
Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies
based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by
a Contractual Party by submission of a protest to the City Manager.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly
render a written "report stating the reasons for the action taken by the City Commission or the City Manager which
shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along
with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to
such judicial relief without first having followed the procedure set forth in this section.
1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards
except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed
$25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
]..Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may
protest to the Chief Procurement Officer. A written notice of, intent to file a protest shall be filed with the Chief
Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for
Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered
filed when received by the Chief Procurement Officer; or
H. 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
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Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent
to file a protest is considered :filed when received by the Chief Procurement Officer.
2. Protest of Award.
L A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after
receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, 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
fl. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief
Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non
responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile
or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when
.received by the Chief Procurement Officer.
W. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five
(5) days after the date the notice of protest was filed. A written protest is considered filed when received by the
Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning
points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation
or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the
required Filing Fee as provided in. subsection (f). This shall form the basis for review of the written protest and no
facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement
Officer at the time of filing the protest shall be permitted in the consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed
by this section, the day of the act, event or default from which the designated period of time begins to run shall not
be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday
in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday.
Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing.
(b) Authority to resolve protests. 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
$25,000, 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
the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement
Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a
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protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having
followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this
section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is
resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the
City Manager makes a written determination that the solicitation process or the Contract award must be continued
without delay in order to avoid an immediate and serious danger to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(1) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's
check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or
$5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which maybe 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)/proposer(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 property of
the City.
1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign,
transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion
of the performance required by this contract, except under and by virtue of written permission granted by the City
through the proper officials, which may be withheld or conditioned, in the City's sole discretion.
1.76. SERVICE AND WARRANTY—When specified, the bidder/proposer shall define all warranty, service and
replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and
service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your
response.
1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental
specification as to any detail or the omission from it of detailed description concerning any point shall be regarded
as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct
type, size and design are to be used. All workmanship and services is to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on
this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request
will result in disqualification of bid/proposal.
1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the
Oracle System or responses may be submitted in hardcopy format to the City Cleric, City Hall, 3500 Pan American
Drive, Miami, Florida 33133••5504, at or before, the specified closing date and time as designated in the IFB, RFP,
RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no
award will be made at that time.
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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 maybe rejected. Hardcopy responses received at any other location than the specified shall be deemed
non-responsive.
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO USI, USI SOUTH 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 THE SOUTH: USI NORTH TO 27TH AVENUE, TURN RIGHT, 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.
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 Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail
delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be
returned unopened, and will 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 closing of solicitation responses. All modifications roust be submitted via the Oracle System or in
writing. 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 s The City of Miami is exempt from any taxes imposed by the State and/or Federal Government.
Exemption certificates will be provided -upon request. Notwithstanding, Bidders/Proposers should be aware of the
fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is
subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all
amendments thereto and shall be paid solely by the Bidder/Proposer.
1.80. TERMINATION —The City Manager 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
its own convenience;
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C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon
the availability of appropriate funds.
1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a
Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or
defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and
acceptance of the goods/services and pursuant to Section 218.74, 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 goods or equipment shall not pass to the City until after 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 "TRADE SECRETS EXCEPTION,"
with your farm'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)/Proposer(s) nor
any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is
issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed
or goods delivered outside 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.
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for gym equipment maintenance and repair services, as
specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation.
2.2. VOLUNTARY SITE INSPECTION
Prior to submitting the bid, the Bidder is encouraged to visit the site of the proposed work to become familiar with
any conditions, which may in any manner, affect the work to be done or affect the equipment, materials and labor
required. The Bidder should examine carefully the specifications and be thoroughly informed regarding any and all
conditions and requirements that may in any manner affect the work to be performed under the contract. No
additional allowances will be made because of lack of knowledge of these conditions. Bidders can request a site visit
through July 25, 2016 until 2:00 PM. For a site visitation appointment contact:
Location Name
Address
Phone
Supervisor
Moore Park
756 NW 36th Street
305-960-5166
Tyrone Miller
Charles Hadley Park
1300 NW 50th Street
305-960-4630
Antavius Howell
Gibson Park
401 NW 12th Street
30579604646
Ben Hanks
Roberto Clemente Park
101 NW 31st Street
305-960-2902
Jose Moran
Jose Marti Park
351 SW 4th Street
305-960-2945
Sabrina Martinez
Shenandoah Park
1800 SW 21 Ave
305-859-2702
Adina Diaz
Miami Riverside Center (MRC
444 SW 2nd Ave
305-416-1467
Nancy Dorta
Gym)
2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Procurement Department, Attn: Tahlia Gray; fax: (305) 4005019 or email: tgray@miamigov.com, and a copy filed
with the Office of the City Clerk, pursuant to Section 1.20. Cone of Silence. The solicitation title and number shall
be referenced on all correspondence. All questions must be received no later than July 26, 2016 at 12:OOPM. All
responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO
QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.4. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the
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option to renew for two (2) additional one (1) year periods, subject to the availability of funds for succeeding fiscal
years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the Successful Bidder.
This prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.5. METHOD OF ANVARD
Award of this contract will be made to the lowest responsive and responsible Bidder who bids on all items and
whose bid offers the lowest price when all items are added in the aggregate. Failure to bid on all items shall deem
your bid non-responsive.
2.6. CONTRACT ADMINISTRATOR
Upon award, Successful Bidder/Proposer shall report and work directly with Lara DeSouza, Juan Ovas, or designee,
who shall be designated as the Contract Administrator(s) for the City.
2.7. BIDDER'S MINIMUM QUALIFICATIONS
Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or
services as described in this Bid; that have a record of performance for three (3) 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. Successful Bidder shall:
(1) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving
the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on
any previous contract with the City.
(2) Have no record of pending lawsuits or criminal activities, and. have never been declared bankrupt within the last
three (3) years.
(3) Provide at least three (3) past performance reference checks from similarly sized customers who the Successful
Bidder has provided these services to within the past three (3) years as requested in the Reference Form attached in
the Header Section of this solicitation.
2.8. INSURANCE REQUIREMENTS
INDEMNIFICATI0
Successful Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any
and all claims, liabilities, losses, and causes of action, which may arise out of Successful Bidder's performance
under the provisions of the contract, including all acts or omissions to act on the part of the Successful Bidder,
including any person performing tinder this Contract for: or on the 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 of any such claim, or the investigation thereof.
The Successful Bidder shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor,
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Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which
meets the requirements as outlined below:
(1) Worker's Compensation
A. Limits of Liability - Statutory - State of Florida
(2) Commercial General Liability (Primary and Non -Contributory):
A. Limits of Liability
Bodily Injury and Property Damage Liability - Each Occurrence: $1.000,000
General Aggregate Limit: $2,000,000
Personal and Adv. Injury. Products and Completed Operations and Fire Damage: $1.000.000,
B. Endorsements Required:
City of Miami included as an Additional insured. Employees included as insured. Contractual Liability,
(3) BusinessAutomobile Liability
A. Limits of Liability
Bodily injury and property damage liability combined single limits. Any Auto, including hired, borrowed
or owned, or non -owned autos used in connection with the work - $1,000,000
B. Endorsements Required:
City of Miami included as an Additional Insured
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals,
which most nearly reflect the operations of the Successful Bidder.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength,
by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management
prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written
advance notice to the certificate holder.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the Successful Bidder 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:
(4) Suspendthe contract until such time as the new or renewed certificates are received by the City in the manner
prescribed in the Invitation For Bid.
(5) 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.
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The Successfiil 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.
2.9. LIQUIDATED DAMAGES
Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the
time stated, the Successfal Bidder shall be subject to an assessment of liquidated damages in the amount of
$100.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of the
contract), as compensation due to the City for loss of use and for additional costs incurred by the City due to such
noncompletion of the work. The City shall have the right to deduct said liquidated damages from any amount due or
that may become due to the Successful Bidder under this agreement or to invoice the Successful Bidder for such
damages if the costs incurred exceed the amount due to the Successful Bidder.
2.10. TIE BIDS
Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for
the procurement of commodities or contractual services, a Bid received from a business that certifies that it has
implemented a drug-free workplace program shall be given preference in the award process. Established procedures
for processing tie Bids will be followed if none of the tied vendors have a drag -free workplace program. In order to
have a drug-free workplace program, a business shall:
(1) Publish a.statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against
employees for violations of such prohibition.
(2) Inform employees about the dangers of drag abuse in the workplace, the business' policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drag abuse violations.
(3) Give each employee engaged in providing the commodities or contractual -services -that areunderBid 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 that are under Bid, the employee will abide by the terms of the statement and
will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or
of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later
than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program, if such is available in the employee's community, by any employee who is so convicted.
(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
2.11. RESPONSE TIME
A twenty-four (241 hour response time is required. Failure to respond to a service call within the specified time will
result in the Successful Bidder paying any and all costs associated witli the repairs performed by a secondary
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vendor.
2.12. PART AND MATERIAL COST
Parts shall be invoiced at a rate no more than five percent (5%) of the Successful Bidder's cost. Evidence of said
costs shall be submitted with invoice, for each repair or service call requiring non -warranty part replacement. Other
material and equipment costs shall be included in the monthly maintenance service rate and the hourly repair rate.
2.13. WARRANTY
Specifications, brands and manufacturers' names, where given, are to establish product type and quality required.
Any equal thereto will be considered, subject to the approval of the City of Miami. All materials shall be new, of
current manufacture, and shall carry standard warranties. No substitutions shall be allowed after the bid is awarded
unless so authorized by the City.
The Successful Bidder hereby acknowledges and agrees that all materials supplied by the Successful Bidder in
conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the
event any of the materials supplied to the City by the Successful Bidder are found to be defective or do not conform
to specifications, the Successful Bidder is to replace the materials at the Successful Bidder's expense.
The manufacturer's warranties on items covered by this contract shall be considered, whereas Successfill Bidder
shall obtain warranty schedules and call upon manufacture for warranty claims.
The Successful Bidder will be required to warrant all work performed. The Successful Bidder warrants the materials
supplied and the work performed under this contract conform to warranty materials provided and work performed
for one (1) year from date of completion. This warranty requirement shall remain in force for the full one (1) year
period; regardless of whether the Successful Bidder is under contract with the City at the time of any defect. Any
payment by the City on behalf of the services received from the Successful Bidder does not constitute a waiver of
these warranty provisions.
2.14. COMPLETED WORK
The City shall be notified by the Successful Bidder upon completion of work. The City shall inspect and approve
completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Successful
Bidder at no additional charge to the City.
The Successful Bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within five
(5) calendar days after the City notifies the Successful Bidder of such deficiency in writing. If the Successful
Bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the period
specified, the City may, at its discretion, notify the Successful Bidder, in writing, that the Successful Bidder may be
debarred as a City bidder/proposer and/or subject to contractual default if the corrections or replacements are not
completed to the satisfaction of the City within ten (10) calendar days of receipt of the notice. If the Successful
Bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the Successful
Bidder in default of its contract, and/or (b) procure the products or services from another contractor and charge
the Successfill Bidder for any additional costs that are incurred by the City for this work or items; either through a
Page 32 of 35
631380
credit memorandum or through invoicing.
2.15. USE OF PREMISES
The Successful Bidder shall confine his/her equipment, apparatus, the storage of materials, and the operation of
his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager, and shall
not unreasonably encumber the premises with his/her materials. The Successful Bidder shall take all measures
necessary to protect his/her own materials.
2.16. DAMAGES TO PUBLIC PROPERTY
The Successful Bidder shall carry out the work with such care and methods as not to result in damage to public or
private property adjacent to the work. Should any public or private property be damaged or destroyed, the
Successful Bidder, at his/her expense, shall repair or make restoration as is practical and acceptable to the City
and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one
month from date damage was done).
2.17. SAFETY MEASURES
The Successful Bidder shall take all necessary precautions for the safety of employees, andshall erect and properly
maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs
warning against hazards created by his/her operation and work in progress must be posted.
All employees of Successful Bidder shall be expected to wear safety glasses or goggles, 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. Successful Bidder shall be especially careful when. servicing property when
pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed.
2.18. 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,
2.19. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this contract, then the City, upon written notice to the Successful Bidder or 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 firm(s).
2.20. METHOD OF PAYMENT
Payment will be made upon final completion and acceptance of this project. The City will pay the contract price
Page 33 of 35
631380
minus any liquidated damages and/or other damages to the Successful Bidder upon final completion and acceptance
. Payment will be made on partial deliveries accepted by the City when the amount due on such deliveries so
warrants at the discretion of the City.
2.21. ADDITION/DELETION OF FACILITIES/ITEMS
Although this Solicitation identifies specific facilities/items to be serviced, it is hereby agreed and understood that
any facility/item may be added/deleted to/from this contract at the option of the City. When an addition to the
contract is required, the Successful Bidder under this contract shall be invited to submit price quotes for these new
facilities/items. If these quotes are comparable with market prices offered for similar facilities/items, 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.
2.22. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included as part of your solicitation response shall be evaluated or considered,
and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this
solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in
transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General
Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that
the Successful Bidder's authorized signature affixed to the Successful Bidder's acknowledgment form attests to this.
If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as
part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the
terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be
considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to
this PSA or Agreement.
2.23. TERIVIINATION
A. FOR DEFAULT
If Successful Bidder defaults in its performance under this Contract and does not cure the default within 30 days
after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice
without penalty to the City of Miami. In such event the Successful Bidder shall be liable for damages including the
excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that
the Successful Bidder was not in default or (2) the Successful Bidder's failure to perform is without 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 C#y Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in
the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so
terminated for the convenience by the City of Miami the Successful Bidder will be compensated in accordance with
an agreedupon 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
rendered prior to termination.
Page 34 of 35
631380
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
The purpose of this solicitation is to establish a term contract for Gym Equipment Preventive Maintenance and
Repair, as specified herein, from a source fully compliant with the term, conditions, and stipulations of the
solicitation. The preventive maintenance program shall include a minimum of one (1) visit every month. Each visit
shall consist of all preventive maintenance suggested by the manufacturer, diagnostic evaluations for wear and tear,
and proactive service in addition to the items specified for individual pieces of equipment.
A) The following is a list of gym equipment for which preventive maintenance and repair shall be performed:
1. Treadmills - Check and adjust all belts, drive systems, screws, nuts, and bolts as needed. Clean and lube
running deck, clean electronics. Report on wear of the equipment.
2. Cycles - Check and adjust all belts, drive systems, screws, nuts, and bolts as needed. Clean and lube drive
systems, clean electronics. Report on wear of the equipment.
3. Climbers - Check and adjust all belts, drive systems, screws, nuts, and bolts as needed. Clean and lube
drive systems, clean electronics. Report on wear of the equipment.
4. Single stations - Check and adjust all belts, drive systems, screws, nuts, and bolts as needed. Clean and lube
drive system, frame and upholstery. Report on wear of the equipment.
B) Bidder shall provide rates that are inclusive of all trip, labor, material and equipment costs.
C) Bidder's rate shall not include (non -warranty) parts. Additional repair services shall be billed on a separate
invoice for additional work or unscheduled service visits. Parts used shall be listed in detail and be charged at no
more than. 5% of Successful Bidder's cost. Invoice shall show manufacturer's cost, mark-up and final cost of part. No
additional service shall be performed without prior written approval from the contract administrator or designee.
D) Successful Bidder shall provide a monthly report on the condition of all equipment shall be provided no later
than the last business day of the month, at a minimum of five (5) days before the next scheduled monthly visit.
The apparent silences of these specifications as to any details or the apparent omission from it of a detailed
description concerning any point, shall be regarded as meaning that only materials and workmanship of first quality
are to be used. All interpretations of these specifications shall be made upon the basis of this statement. G
See the Header Section of this solicitation for a list of the facilities and their respective equipment.
Page 35 of 35
IFB NO:: 631380
BID SUBMITTAL FOR:
GYM EQUIPMENT PREVENTIVE MAINTENANCE AND REPAIRS
FIRM NAME:
Reference Section
Summarized Requirements: Refer to the details in Section 2, Paragraph 2.7 (1-3) to verify that the
information provided will suffice as proof of meeting the requirements of this solicitation.
Section 2,
Paragraph 2.6(1)
Primary Contact Information
Primary Contact:
Primary Address:
E-mail Address:
Contact Telephone Number:
Cellular Phone Number (if applicable):
Company Main -Phone Number:
Fax Number (if applicable):
Section 2,
Paragraph 2,6(1)
Secondary Contact Information (OPTIONAL)
Secondary Contact:
Secondary Address:
E-mail Address:
Contact Telephone Number:
Cellular Phone Number (if applicable):
Company Main Phone Number:
Fax Number (if applicable):
Website
Information:
Successful bidder(s) shall provide their firm's website information where a listing of the available
items may be viewed.
http://
IFB NO.: 631380
Reference
Section
Summarized Requirements: Refer to the details in Section 2, Paragraph 2.7 (1-3) to verify that the
information provided will suffice as proof of meeting the requirements of this solicitation.
Section 2,
Paragraph
2.6(4)
Past Performance Reference Check #1
Company/Organization Name:
Address:
Contact Person:
Contact Phone Number:
Contact E-mail (if applicable):
Date of Contract or Sale:
Section 2,
Paragraph
2.6(4)
Past Performance Reference Check #2
Company/Organization Name:,
Address:
Contact Person:
Contact Phone Number:
Contact E-mail (if applicable):
Date of Contract or Sale:
Section 2,
Paragraph
2.6(4)
Past Performance Reference Check #3
Company/Organization Name:
Address:
Contact Person:
Contact Phone Number:
Contact E-mail (if applicable):
Date of Contractor Sale:
GIBSON
GIBSON
GIBSON
GIBSON
GIBSON
GIBSON
GIBSON
JOSE MARTI
JOSE MARTI
JOSE MARTI
JOSE MARTI
JOSE MARTI
JOSE MARTI
JOSE MARTI
JOSE MARTI
JOSE MARTI
JOSE MARTI
JOSE MARTI
MOORE
MOORE
MOORE
MOORE
MOORE
MOORE
MOORE
MOORE
MOORE
ROBERTO CLEMENTE
ROBERTO CLEMENTE
ROBERTO CLEMENTE
ROBERTO CLEMENTE
ROBERTO CLEMENTE
ROBERTO CLEMENTE
ROBERTO CLEMENTE
ROBERTO CLEMENTE
ROBERTO CLEMENTE
SHENENDOAH
SHENENDOAH
SHENENDOAH
SHENENDOAH
SHENENDOAH
SHENENDOAH
SHENENDOAH
SHENENDOAH
CHARLES HADLEY
CHARLES HADLEY
Park Equipment Listing
401 NW 12th Street
401 NW 12th Street
401 NW 12th Street
401 NW 12th Street
401 NW 12th Street
401 NW 12th Street
401 NW 12th Street
351 SW 4th Street
351 SW 4th Street
351 SW 4th Street
351 SW 4th Street
351 SW 4th Street
351 SW 4th Street
351 SW 4th Street
351 SW 4th Street
351 SW 4th Street
351 SW 4th Street
351 SW 4th Street
765 NW 36th Street
765 NW 36th Street
765 NW 36th Street
765 NW 36th Street
765 NW 36th Street
765 NW 36th Street
765 NW 36th Street
765 NW 36th Street
765 NW 36th Street
1101 NW 31st Street
10 NW 31st Street
101 NW 31st Street
101 NW 31st Street
101 NW 31st Street
101 NW 31st Street
1101 NW 31st Street
1101 NW 31st Street
101 NW 31st Street
1800 SW 21st Ave
1800 SW 21st Ave
1800 SW 21st Ave
1800 SW 21st Ave
1800 SW 21st Ave
1800 SW 21st Ave
11800 SW 21st Ave
1800 SW 21st Ave
11350 NW 50th Street
1350 NW 50th Street
Brand
Item Description
4 Stex
Treadmill
2 Promaxima
Benches
1 Promaxima
Ab Bench
3 Promaxima
Power Cages
1 Promaxima
Twin Tower Crossover
2 Promaxima
Dumbbell Racks
1 Promaxima
Dumbbells (Set) 10 to 100 lbs
5 Lifel'itness
Treadmill
1 StairMasters
Stepmil
4 Cybex
Arc Trainers
3 Stex
Bikes
1 Promaxima
Dual Pulley
1 Promaxima
Smith Machine
2 Promaxima
Benches
1 Promaxima
Ab Bench
1 Promaxima
Back Extension
1 Promaxima
Stretch Trainer
7 Promaxima
Single Stations
3 Promaxima
Treadmill
2 Promaxima
Bikes
2 Promaxima
Crosstrainers
1 Promaxima
Dumbbells (Set)10 to 100 lbs
2 Promaxima
Benches
1 Promaxima
Ab Bench
1 Promaxima
Smith Machine
1 Promaxima
Twin Tower Crossover
4 Promaxima
Single Stations
2 Stex
Treadmill
1 Stex
Recumbent
1 Stex
Crosstrainers
1 Promaxima
Smith Machine
1 Promaxima
Benches
1 Promaxima
Ab Bench
1 Promaxima
Dumbbell Racks
1 Promaxima
Dumbbells (Set)10 to 100 lbs
3 Promaxima
Single Stations
4 Stex
Treadmill
2 Stex
Crosstrainers
2 True
Bikes
4 Stex
Bikes
1 Promaxima
Dumbbell Racks
1 Promaxima
Dumbbells (Set) 10 to 100 lbs
1 Promaxima
Ab Bench
1 Promaxima
113enches
5 BH
ITreadmill
2 BH
Bikes
Park Equipment Listing
CHARLES HADLEY
1350 NW 50th Street
1 InFlight
Multi Tower
CHARLES HADLEY
1350 NW 50th Street
5 InFlight
Single Stations
CHARLES HADLEY
1350 NW 50th Street
2 Promaxima
Benches
CHARLES HADLEY
1350 NW 50th Street
1 Promaxima
Dumbbell Racks
CHARLES HADLEY
1350 NW 50th Street
1 Promaxima
Dumbbells (Set)10 to 100 lbs
CHARLES HADLEY
1350 NW 50th Street
2 BH
Crosstrainers
MRC
444 SW 2nd Ave
1 Cybex
Treadmill
MRC
445 SW 2nd Ave
1 Cybex
Functional Trainer Compact
MRC
446 SW 2nd Ave
4 True
Elliptical
MRC
447 SW 2nd Ave
4 True
Recumbent Bike
MRC
448 SW 2nd Ave
1 FreeMotion
Lat Pull -High Row
MRC
449 SW 2nd Ave
1 FreeMotion
Chest Shoulder
MRC
450 SW 2nd Ave
1 FreeMotion
Ab -Bicep
MRC
451 SW 2nd Ave
1 FreeMotion
Quad -Ham
MRC
452 SW 2nd Ave
1 FreeMotion
Lift -Step
MRC
453 SW 2nd Ave
1 FreeMotion
Deltoid.
MRC
454 SW 2nd Ave
1 FreeMotion
G2 Squat
MRC
455 SW 2nd Ave
1 Cybex
Adjustable 10 to 80 Bench
MRC
456 SW 2nd Ave
1 Cybex
Bent Ab/Leg Board
MRC
457 SW 2nd Ave
1 True
Recumbent Bike
MRC
458 SW 2nd Ave
1 jTrue
1 Recumbent Bike
MRC
459 SW 2nd Ave
1 Cybex
145 Degree Back Extension
MRC
460 SW 2nd Ave
10 Schwinn
IC Pro Indoor Cycling. Bike