HomeMy WebLinkAboutInvitation for BidANNIE TtREZ, CPPB}
Chief IrireEtrexnettt Officer
DANIEL J'. ALFONSO
Cfty&[anager
1FB No. 635380 August 11, 2016
The following changes, additions, clarifications,, and deletions amend the IFE3 documents of the above
captioned lFB., and shall become an integral part of1he-Contract. Documents. Words andlor figures
stricken. through shall be deleted. Underscored words I a I ndjor figures she 1 111 be . a dded The
m
remaining provisions are now In effect and rea I i.rj unchanged, Please note the. contents herein and
reflect same on the documents you have on. hand.
A. Section 2.18. has been deleted in Its entirety and replaced by the following:
2.18 HOURLY RATE
The hourly rate quoted shall include full compensation for labor (per person), equipment use, travel
tlme,and.any othercost to the Bidder.
Hourly labor rates are specified as follows:
�Hourly Labor Fate � Hourly rate per person, for straight time repairs, i.e., from: 8:00 A.M. to 5:00
.P.M..,. Monday through Friday.
Hourly Labor, Rate 11.. Hourly rate per person, for overtime repairs, i.e., from 8:00 A.M. to 5M P.K,
oh Weekends or, holidays,
P. The following are the City's, responses to questions received from prospective bidders,:
Q1. Who Will beproviding the buoy systems? Do these need to be partially -or completely
replaced?
All, The City will provide the buoys systems. When any part of the system needs replacement,
the complete unit is replaced.
02. is abild bond required, fortbis, lFB?
.A2, Abid bond 18 not, required for this IFB,
P, tgr Q 1
Q3. In Section 2.18 Hourly Rate - please clarify what hat should be included in the hourly rate
portion.
A3. Please refer to Section A above.
Q4. where can I, locate the required bid form in orderto submit our bid?
A4. Please see attached file titled "Hoer to Access City of Miami Solicitation,"
ALL OTHER TERMS AND CONDITIONS. OF THE JFB. REMAIN THE SAME.
API of
c: IFS File
"
Sin erely, 'Y
C
A)erPz,
leer OPPO
birector/Chlef ProcurementOfficer
Page -9
f PEREZ, CPPD
Chid kroauornent:Officer,
gFEWIfil•
IFC No. 05380 August '2016
invitation for Bid (IFBI for Scheduled and Qhergenc I
Reporting/Re qair
,
TO: ALLPROVECTIVEBIDDERS:
D,AxrF,L j. ALr, oNs b
City Manager
The followifigchariges, additions., clarifications, and deletions amend theIFB, documents of the
above captioned. IFS, and shall become an integral part of the:iContract Documents. Words
and/or figures stricken through shall be, deleted: Underscored words and I of figures I shall be
added. The remaining 'provisions are - now. ;in effect .and remain unchanged. Please note the
contents, herein and reflect same on the documents you have on hand..
The IFB Closing Date and time has been changed as follows
A. IFB Closing late/Time: Au_gust,14,_4046_at-2_-0" Auoust. 30, 2016 at 2.00PM
B. The following Line Item descriptions have been revised to include the following
information,.
Line Item. 7, Hourly Labor Rate I for Miscellaneous_ Services, (Please refer to Section
Line Item 8, Ho.url , y Labor Rote 11 for Miscellaneous Services.
ervices,: (Please refer to Section VA)
C. All references in the document. to Harbormaster have been deleted and replaced with
the followino.,
Contract, Administrator
D. Settlon 2.5,13IDDER'S MINIMUM QUALIFICATIONS has been: deleted In its entirety and
replaced by the below requirements
'age .1.
I .
2.
Ej
5, Have no record of Pendinglawsuits or criminal activities, and have never been declared
bankrupt and
6. Have positive feedback given by the references provided in Section ,2.10., References.
E. Section 2.18., HOURLY RATE has been amended to include the underlined information.
The hourly labor rate for miscellaneous servicesquoted shall include full compensation for labor
(per person), equipmenfuse, travel time, and any other post to the Bidder.
Hourly labor rates are specified, as follows:
Hourly 'Labor Rate.] - -Hourly labor rate for miscellaneo.us services per person, for straight time
repairs, Ie., from 8,;,00 A.M. to 5:00 P.M,, Monday through Friday..
Hourly Labor Rate 1.1;- Hourly Tabor ratefor miscellaneous services per person., for overtime
repairs, from '8-00A.M. to 5:00 P.M., on wedkendsot holidays.,
F. 'Section 2.20., CONSUMER PRICE INDEX (CPI) ADJUSTMENT has. been added to the
:contract terms,
Consumer Price Index {CPI) Adjustment
C. Section 3.11.1, has been -amended to odd the following subsection!
Page 2
H. Section 3.1.3., has had the following subsection deleted.
D. U1sQe1laneG.vs;w9Fk —a,y be r-harged at the hp6irly laborfate.�
I. Section. 3.1.4., has been amended to add the following subsection:
D, Whenever the miscellaneous services hourly labor rate is Utilized outside: of regularly scheduled
inspections or gddjtlona! services requested, the Successful Bidder .may charge for .0 full day's Work
(8 hours) times the number of divers used,
J. Section, titled "City Responsibilities." has been added
The following are the City's responses to que$tJorisreceived , from, prospective Bjdders*
Qj. Sectlon 2.5., Bidders Minimum. Qualifications states, ",Bidders shall. Be qualified,
ficens-ed, and insured to the City requirements as specified herein." Is the Bidder required
to have a State or County contractors license to perform this work?
Al. No. A contractor's license is not required to perform the requested services.,
02. is a Bid Bond BldSecurlty required,7
A2. This . I
. question was addressed1riAddendum No 1.
W. Section 1.69., Performance,/ Payment Bond states, "A Contractor may be required to
furnish a PerformancelPayment bond as part of the requirements of this Contract, in an,
'amount. equal to one hundred percent (1001%)
%) of the contract price". Will a performance and
.payment bond be required for this Project?
A3. No, A Performance /Paymant.Sond Is not required forthese services.
Q4. The initial term of this contract is for three vears with anoption to renew the Contract
for an additional three years.. Will the City consider zinadjustment to the pflcilng based on
the current Consurner.PrIce Indox'(01) for the option to renew period'?
A4. See Section F above.
Q5. Please :confirm that the City will provide parking for autos and boats during the
performance of this contract.
A6. See Section J above..
Page 9
Q6. is the company submitting a bid required to be a member of thaADCI and to be in good
standings?
A6. No, Only the divers Identified toperi orm the requested service are required to be certified by
the ADGI.
.Q7. Since this is a diving services contract what is the best way to prove and provide to the
City that the required United States Lon0hore and Harbor Workers Compensation Act
(USL&H) Insurance shows the proper workmen's compensation -code for divers that our full
time employees of the company'
AT The Workers Compensation policy should be underwritten and ;amended to capture the
.appropriate class code in terms of .the diving exposure. This should be reflected on the
Declaration's eclIaration's -page', which should be 'provided along with the certificate or policy of insurance,
Q8. As mentioned at the pre-bid meeting, many (live companies use free-lance divers. These
divers are not cons! dered.full time employees of the company thus are not covered by the
company's workmen'sand' comp insurance -and are paid as sub-contractors. How Is -the city
going to verify that. all divers on a project are properly Insured and are not sub-contractors
thathave not pre-screened and pre-approved by the City'
A8. The Contract Admin istr8tor or designee will have a sign-in sheet and check divers licenses
every stay that work .is required. Theywill have a copy of the submitted paperwork by the Successful
Bidder(s) to verify that they:,&e either an employeeor approved subcontractor. If they are not on
the list or their certificates of insurance are not up to date they will not be permitted to: work. For
further details see contract clauses ,2.1 3, and .2.14.
09.4. How will references (Section .2.10. of the bid document} of past performance be
evaluated?
A9. This is on Invitation for Bid,, and therefore there is no evaluation process.. The City viii utilize
past reference performance as a determination (if responsibility. See Section: 1.34. (c),
Determination :of Responsibility,
Ap/ef
c: IF B File
Sincerely,,
nie Per,e .CPPO
irector/Chlef Procurement Offlce*r
Page 4
ML of
Miami
IN.CBRP ORATED ..
Invitation for Biel (IFB)
18 go Q"
CQ,9 FL� Purchasing Department
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://ci.miami,fl.us/procurement
IFB Number:
635380,2
Title:
IFB for Scheduled and Emergency
Underwater Visual Inspection
Reporting/Repair
Issue Date/Time:
22 -AUG -2016
IFB Closing Date/Time:
30 -AUG -2016 @ 14:00:00
Pre -Bid Conference:
Voluntary
Pre -Bid Date/Time:
Tuesday, August 16, 2016 at 11:00 AM
Pre -Bid Location:
Dinner Key Marina - 3400 Pan American
Drive, Miami, FL 33133
Deadline for Request for Clarification:
Friday, August 19, 2016 at 12:OOPM
Buyer:
Falcon, Eduardo
Hard Copy Submittal Location:
City of Miami - City Cleric
3500 Pan American Drive
Miami FL 33133 US
Buyer E -Mail. Address:
efalcon@miamigov.com
Buyer Facsimile:
305-400-5390
Page 1 of 39
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 (1) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section),
EXCEPTIONS:
We (1) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all 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 THIS FORM SHALL DISQUALIFY THIS BID.
Page 2 of 39
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 acknowledge all: addendum/addenda 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/Articlle 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)
Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods
Page 3 of 39
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 1: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1
Reference No. 1: Date of Contract or Sale for above reference no. 1
Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 2: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2
Reference No. 2: Date of Contract or Sale for above reference no. 2
Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 3: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3
Reference No. 3: Date of Contract or Sale for above reference no. 3
Please acknowledge that all documents requested in the Minimum Qualifications Section have been
submitted.
Page 4 of 39
Line: I
Description: Inspection of Mooring Unit:
Category: 96226-00
Unit of Measure: Each
Unit Price: $
Line: 2
Number of Units: 250 Total: $
Description: Additional Services: Installation of Complete Mooring Unit:
Category: 96226-00
Unit of Measure: Each
Unit Price: $
Number of Units: 75 Total: $
Line: 3
Description: Additional Services: Removal of Complete Mooring Unit:
Category: 96226-00
Unit of Measure: Each
Unit Price: $ Number of Units: 50 Total: $
Line: 4
Description: Additional Services: Removal and Installation of Complete Mooring Unit with Boat:
Category: 9622600
Unit of Measure: Each
Unit Price: $
Line: 5
Number of Units: 40 Total: $
Description: Additional Services: Removal and Installation of Complete Mooring Unit without
Page 5 of 39
Boat:
Category: 96226-00
Unit of Measure: Each
Unit Price: $
Line: 6
Number of Units: 20 Total: $
Description: Emergency Service Call Charge (48 response time required):
Category: 9622600
Unit of Measure: Each
Unit Price: $ Number of Units: 2 Total: $
Line: 7
Description: Hourly Labor Rate 1: for Miscellaneous Services. (Please refer to Section 3.1.4.)
(Refer to Section 2.18, Hourly Rate)
Category: 96226-00
Unit of Measure: Hour
Unit Price: $ Number of Units: 10 Total: $
Line: 8
Description: Hourly Labor Rate 11: for Miscellaneous Services. (Please refer to Section 3.1.4.)
(Refer to Section 2.18, Hourly Rate)
Category: 96226-00
Unit of Measure: Hour
Unit Price: $
Number of Units: 10 Total: $
Page 6 of 39
Invitation for Bid (IFB) 63530,2
Table oYContents
I0000and Conditions ...................................................................................................................................................... 8
l.General Conditions -----.--...------_----.—.---.—.,-----_......--------_.8
l.l.GENERAL TERMS AND CONDITIONS ----._---.----.--..----.------.—...
8
2.Special Conditions .._.—.-------.--------..--------...-----...—.--.--...
28
2.1. P[IDP0SB ............ —.............................. ................................................................................................
28
2.2, PRE-BID CONFERENCE AND SITE VISIT .................
2.3. DEADLINE FOR RECEIPT OPREQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION —...----_.-----.-------.------..--^--..28
%.4,BIDDER FACILITY LOCATION .—.--..—.—.---.----..—.--.------.---.^—.—.28
2.j.BIDDER!8MINIMUM QUALIFICATIONS ................................ ....................................... .............
28
2.6.TERM OF CONTRACT -----..--------..—...-----.—.----.—.----.---%9
2.7. CONDITIONS FOR RENEWAL ---.—..--.--..---.—..---..------~.--,—.-2g
2.X.METHOD 0FAWARD .—..---.~--.-----^----.^--.—.....--.,—^--.....-2g
2.9.TIE BIDS .................... .........................................................................................................................
2y
2.10. REFERENCES --.-------------.--.--.----.------.—.._-----..—.3V
2.11. INSURANCE REQUIREMENTS .--.--.--..-----.--.-------..--------30
2.12, CONTRACT ADMINISTRATOR ......................................................—.----._...--.--32
2,13. SUBCONTRACTORS 0B\9OR�SHALL BE IDENTIFIED -----..~----.—..—..--.32
2.14. ..............................................................
33
2.15. ADDITIONAL 0R8lIB ....................................................
2l6USE 0F PI03MI8B8 _----.—.------..—.,----...----------------'33
2.17. SUPERVISOR ----------.—.—...-----~—.---.---------..,.—.----33
2.18. HOURLY RATE .------..—.---.---.--.-----.--..------..—.—,.—.34
2.10.QUALITY 0F WORK ..—..-----..--..—.—..—_--.------------....~--34
2,2OFAILURE T0PERFORM .---------....--.—.--...---.----.-----..—.,..
34
l2l.LIQUIDATED DAMAGES ._--------_..------._.—.—.---.,---.—.---.
34
2.22.DAMAGES T0 PROPERTY ---.--^-----~---...—.-----.34
223. OF FUNDS --.--------.----.._-------.—.----3j
2.24COMPLETED WORK —.-------..--.--.-----'--,._—.—.--.~--...—......35
2.25.METHOD 0FPAYMENT --------.--.---................................................................
2.26.OF .......
227. ..... ....... ............................. .....................................................................................
35
2,28. ADDITIONAL TERMS AND CONDITIONS --..-------.--,--.-----_----36
2,29. CONSUMER PRICE INDEX (CPD ADJUSTMENT --.---_--------..—.-----'.
36
]. ..---.—...-------.....,----..—.----.---_--...
37
3, 1. OF WORK ..—,—..—~.....--.----...--------..—..37
Page 7 of 39
Invitation for Bid (IFB) 635380,2
Terms and Conditions
1. General Conditions
I.I. 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 return the product to the Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be
considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the
City of a purchase order.
1.3. ACCEPTANCE/REJECTION —The City reserves the 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 further reserves the right to waive any irregularities or minor informalities or technicalities in
any or all responses and may, at its discretion, re -issue this formal solicitation.
1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available
at the City's website at: http://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 Successfitl 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
Page 8 of 39
Invitation for Bid (IFB) 635380,2
the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final
payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition
shall result in the immediate cancellation of this contract by the City.
19, 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
Dnig-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 successfiil
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
minimurn 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
Page 9 of 39
Invitation for Bid (IFB) 635380,2
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 form by the City Attorney.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety
company that is licensed to do business in 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 unsuccessfiil bidders/proposers within ten (10) days after
the award and successfiil 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 (HARDCOPY 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 may be 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 rile 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 evainate 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 fiirnished 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 formai 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 (NEPA), 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 may be in the
form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall
render any 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)/Propos er(s).
1.25. DEBARMENT AND SUSPENSIONS (See 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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Invitation for Bid (IFB) 635380,2
responsibility of the Contractual Party performing city Contracts,
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that
neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the
violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City 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 a public
entity, may not submit a response on a contract with a public entity for the construction or repair of a public building
or public work, may not submit response on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant tinder contract with any public entity, and may not
transact business with any public entity.
1.27. DEFAUIXFAILURE 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 successfal 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 suceessfal
Bidder/Proposer incapable of performing the work in accordance with and as required. by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a, result of a default or a default incurred beyond the time limits stated,
together 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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Invitation for Bid (IFB) 6353 80,2
to comply with these requirements may deem a Response non-responsive.
A. Responsible Bidder shall mean a bidder/proposer who has submitted a bid/prposal and who has the capability,
as determined under the City Procurement Ordinance, in all respects to fiilly 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
fo-und 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. EMERGENCY / 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 specifically this 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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Invitation for Bid (IFB) 635380,2
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 frilly 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
the 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 terms 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 maybe cause for
rejection of bid/proposal.
1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will
be firm throughout the duration of the contract unless otherwise specified in the 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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Invitation for Bid (IFB) 635380,2
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 minimum wage for all hours worked in Florida. Accordingly,
it is the contractor's and its' subcontractors) responsibility to understand and comply with this Florida constitutional
minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is
subject to change or adjusted by the rate of inflation using the consumer price index for urban wage 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 1 st.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, fall 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 famish 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 successfiil
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. READINGS 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 (HIPPA) - 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 (IIHI) and/or Protected Health Information (PHI) shall comply with the
Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards.
HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the
Bidder/Proposer and reasonable assurances that IIHI/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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Invitation for Bid (IFB) 635380,2
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 bankniptcy proceeding, or to provide for such defense, at City's option, any and all claims of
liability and all suits and actions of every name and description which may be brought against City whether
performed by Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract, This indemnity will be interpreted under
the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06
and/or §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 fiirnish 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 fiimished 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, 305-416-1604.
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 in compliance 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 of bid/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 maybe 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 found 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
successfiil bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this
Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with 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 joint venture, 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. PERFORMANCE/PAYMENT BOND —A Contractor may be required to filrnish 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. PREPARATIONOF RESPONSES (IIARDCOPY 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 fiiture reference.
E. All responses, as described, must be frilly 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 may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successfiil
Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
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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Invitation for Bid (IFB) 635380,2
becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's
authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is
approved in advance of delivery and that the new product meets or exceeds all quality requirements.
1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company employed
by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any
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 the Bidder/Proposer fails to enter a percentage, it is 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 representatives, successors and assigns,
1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction or repair
of a public building or public work, may not submit responses on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all
documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes,
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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 constriction 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 WORK/SERVICES - The work/services performed must be of the highest quality and
workmanship. Materials ftirnished 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 (Sec. 18-106) - If prior to Contract award it is determined that a formal
solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by
the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to
comply with the law.
1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(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 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.
1.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
ii. 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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Invitation for Bid (IFB) 63 53 80,2
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
H. 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 malting 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 rain 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 farther 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.
(f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's
check payable to the city in an. amount equal to one percent of the amount of the Bid or proposed Contract, or
$5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against
the protestor in any administrative or court proceeding, If a protest is upheld by the Chief Procurement Officer
and/or the City Commission, as applicable, the filing fee shall be refrmded 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. Hardeopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or
package must show the hour and date specified for receipt of responses, the solicitation number and title, and the
name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response
Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed
non-responsive.
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US 1. US 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.
F. 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 must 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 - 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 terniinate 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 firm's name and the Solicitation number and title marked on the outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person.
By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the
City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by
the City by reason of any legal action challenging your claim.
1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/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 fiilly 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 Scheduled and Emergency Underwater Visual
Inspection Reporting/Repair Services, as specified herein, from a source(s), fully compliant with the terms,
conditions and stipulations of the solicitation.
2.2. PRE-BID CONFERENCE AND SITE VISIT
A Voluntary pre-bid conference and site visit will be held on Tuesday, August 16, 2016 at 11:00 AM, at Dinner
Key Marina - 3400 Pan American Drive, Miami, FL 33133. At that conference all work will be discussed
and questions answered. During this conference, potential Bidders will have an opportunity to inspect the facility
and familiarize themselves further with the nature of the work. Questions and answers adversely affecting the
scope of work/specifications of the bid will be included in an addendum and sent immediately following the
conference to all the attendees. This will be the only opportunity for prospective Bidders to inspect the facility
and the sample mooring lines.
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: Eduardo Falcon; fax: (305) 400-5390 or email: efalcon@miamigov.com, and a copy
filed with the Office of the City Cleric, 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 Friday, August 19, 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. BIDDER FACILITY LOCATION
Bids will only be considered from Bidders who have a facility located in the State of Florida, and can mobilize from
their location to the marina facility within 48 hours when required.
2.5. 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 a minimum period of five (5) years; and that
have sufficient financial support, equipment and organization to insure that they can satisfactorily provide the goods
and/or services if awarded. a Contract under the terms and conditions herein stated.
Bidder shall:
1. Be qualified, licensed, and insured to City requirements as specified herein, and be experienced in the
installation, maintenance, and replacement of StormSoft or similar component -based mooring systems;
2. Provide a suitable dive vessel, all necessary diving equipment, and a minimum of three (3) person certified
commercial diving team, meeting all required government regulations of the United States Coast Guard (USCG),
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Invitation for Bid (IFB) 635380,2
and the Occupational Safety Hazard Administration (OSHA), 29CFR Part 1910 Subpart T- Commercial Diving
Operations;
3. Each diver must have a valid commercial diver certification card issued by the Association of Diving
Contractors International (ADCI). Commercial diving certifications or approved equivalent, commercial diving
certifications for all team members that may be used for these services, shall be submitted with bid proposal; any
new divers that are used during the duration of this contract must have the same documentation submitted and
approved by the City, prior to performing any services under the contract;
4. Not have any member, officer, or stockholder that is in arrears or 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 faitlhfiilly on any
previous contract with the City;
5. Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt and
6. Have positive feedback given by the references provided in Section 2.10, References.
Bidders that do not respond completely to all requirements may be considered non-responsive and eliminated
from the process.
2.6. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the
option to renew for one (1) additional three (3) year period, subject to the availability of fiords for succeeding fiscal
years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.7. CONDITIONS FOR RENEWAL
Each renewal of this contract is subj ect to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein.
(2) Availability of Rinds
2.8. METHOD OF AWARD
Award of this contract may be made to up to the two (2) lowest responsive and responsible Bidders in the
aggregate. Bidders must bid on all services. The City shall select tip to two (2) Suppliers, with the lowest deemed
the "Primary Supplier" and the next lowest the "Secondary Supplier", in the order of lowest prices provided to the
City. Should the "Primary Supplier" not be able to provide the services at the time needed, the City has the option to
select the next lowest "Secondary Supplier" to fulfill the order.
2.9. 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
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Invitation for Bid (IFB) 635380,2
implemented a drug-free workplace program shall be given preference in the award process. Established procedures
for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program, In order to
have a drug-free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawfiil manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against
employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of
the statement specified in subsection (1).
(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.
2.10. REFERENCES
Each Bid must include at least three (3) past performance references from similar sized customers who the Bidder
has provided these services to within the last five (5) years in the Header/Requirements Section of this Bid
document, which shall include the name of the company, dates of contract, description of goods or services supplied,
a contact person and the telephone number. For hard copy submittals this Section may be found in the Certifications
Sections of the printed bid.
NO BID WILL BE CONSIDERED WITHOUT THIS INFORMATION.
2.11. INSURANCE REQUIREMENTS
INDEMNIFICATION
Successfitl Bidder shall, indemnify, hold / save harmless and defend at its own costs and expense, the City and its
officials, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of
Successfid Bidder's performance under the provisions of the contract, including all acts or omissions to act on the
part of Successfitl Bidder, including any person. performing under this Contract for or on Successful Bidder's behalf,
provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or
misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which
may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against
all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claim, or the investigation
thereof,
The Successful Bidder shall fitrnish to the City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th
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Invitation for Bid (IFB) 635380,2
Floor, Miami, Florida 33130; Certificate(s) of Insurance which indicates that insurance coverage has been obtained
which meets the requirements outlined below:
I. Commercial General Liability (Primary & Non Contributory)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Products/Completed Operations $1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami listed an additional insured
Primary and Non Contributory Liability
Contingent and Contractual Liability
Premises/Operations
Explosion, Collapse and Underground Hazard
Loading and Unloading
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
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Invitation for Bid (IFB) 635380,2
Waiver of subrogation
USL&H
Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
IV. Installation Floater/Builder's Risk (If Applicable)
Causes of Loss: Special Form. with Replacement Cost
Deductible: $5,000 AOP, 5% Wind & Hail, Flood
V. Protection and Indemnity Coverage/Jones Act Included
Limits of Liability $1,000,000
City of Miami listed as an additional insured
The above policies shall provide the City of Miami with written notice of cancellation or material change from the
insurer not less than (30) days prior to any such cancellation or material change, or in accordance with policy
provisions.
Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all
insurance policies required. above:
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.
2.12. CONTRACT ADMINISTRATOR
Upon award, Successful Bidder shall report and work directly with Stephen Bogner, who shall be designated as the
Contract Administrator for the City.
2.13. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED
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Invitation for Bid (IFB) 635380,2
As part of its Bid, the Bidder is required to identify any and all Subcontractors that will be used in the performance
of the proposed contract, their capabilities, experience, minority designation, as defined in Ordinance 10062 and the
portion of the work to be done by the Subcontractor. Failure to identify any and all subcontractors in the Bid shall
render the Bid non-responsive; unless, the low Bidder submits this documentation to the City within five (5)
working days after the bid opening.
The Successful Bidder shall not, at any time during the tenure of the contract, subcontract any part of his operations
or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their Bid, except under
and by virtue of permission granted by the City through the proper officials.
Nothing contained in this specifications shall be construed as establishing any contractual relationship between any
Subcontractor and the City.
The Successful Bidder shall be frilly responsible to the City for the acts and omissions of the subcontractor and their
employees, as for acts and omissions of persons employed by Successful Bidder.
2.14. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS
Bidder must list any or all subcontractor(s) that may be utilized to assist in the performance of the work specificied
herein. Any subcontractor(s) listed must meet the same requirements and submit the same information listed under
the Bidder's Minimum Qualifications, Section 2.5. All information required shall be included in the solicitation
response. If Bidder does not include any subcontractor(s) as part of its bid submittal, it will be construed that Bidder
will be able to handle the entire workload by itself and will not be allowed to subcontract any of the work unless it
request in writing the hiring of subcontractor(s) with the aforementioned requirements attached to its request within
seventy two (72) hours of considering hiring subcontractor(s). The City will grant or deny such request in writing
within forty-eight (48) hours of receiving said request.
2.15. ADDITIONAL CONTRACTOR(S) OR SUBCONTRACTOR(S)
There are no implied or express guarantee that all Successful Bidders under this contract will receive work
assignments during any given catastrophic events such as tornadoes, hurricanes, severe storms or any other public
emergency. However, the City reserves the right to assign work to multiple Successful Bidders at any given point in
time, add Contractor(s) who were not part of the initial award to the contract or direct Successful Bidder(s) to hire
Subcontractor(s), which may or may not be part of this bid contract, to expedite the clean-up efforts of debris to
restore normalcy and order to the lives of City residents, businesses, and general public in an expeditious manner.
2.16. 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.
2.17. SUPERVISOR
The Successful Bidder shall employ a competent supervisor, at no additional cost to the City, who shall be in charge
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Invitation for Bid (IFB) 635380,2
of the project and monitor the quality of the work and performance of Successful Bidder's personnel during the
progress of the project. The supervisor shall be the primary representative for the Successful Bidder and all
communications given to and all decisions made by the supervisor shall be binding upon the Successful Bidder.
Notwithstanding, the supervisor shall be considered, at all times, an employee of the Successfiil Bidder under its
sole direction and not an employee or agent of City of Miami.
2.18. HOURLY RATE
The hourly rate quoted shall include full compensation for labor (per person), equipment use, travel time, and any
other cost to the Bidder.
Hourly labor rates are specified as follows:
Hourly Labor Rate I - Hourly labor rate for miscellaneous services per person, for straight time repairs, i.e., from
8:00 A.M. to 5:00 P.M., Monday through Friday.
Hourly Labor Rate II - Hourly labor rate for miscellaneous services per person, for overtime repairs, i.e., from
8:00 A.M. to 5A0 P.M., on weekends or holidays.
2.19. QUALITY OF WORK
All work shall be performed using superior maintenance standards and techniques. The frequencies established for
repetitive maintenance tasks are minimum frequencies, which must be increased if deemed necessary and requested
by the City.
2.20. FAILURE TO PERFORM
Should it not be possible to reach the Successfid Bidder or authorized representative and/or should remedial action
not be immediately taken on 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.
2.21. LIQUIDATED DAMAGES
Upon failure to perform, as stated in Section 2.20, or to complete the project in accordance with the specifications
and to the satisfaction of the City within the time stated, the Successful Bidder shall be subject to an assessment of
liquidated. damages in the amount of $500.00 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 Successfiil Bidder for such damages if the costs incurred exceed the amount due to the Successful Bidder,
2.22. DAMAGES TO PUBLIC/PRIVATE PROPERTY
The Successful Bidder shall carry out the work with such care and methods as not to result in damage to public or
private property adjacent to the work. Should any public or private property be damaged or destroyed, the
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Invitation for Bid (IFB) 635380,2
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).
2.23. NON -APPROPRIATION OF FUNDS
In the event no fonds or insufficient Rinds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this contract, then the City, upon written notice to the Successful Bidder(s) or his
assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or
expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any
firm(s).
2,24. COMPLETED WORK
The City shall be notified by the Successful Bidder upon completion of work. The City shall inspect and approve
completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Successful
Bidder at no additional charge to the City.
2.25. METHOD OF PAYMENT
Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments
will be made.
2.26. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS/SERVICES/SUPPLIERS
Although this Solicitation identifies specific facilities/items/products/services/suppliers to be serviced, it is hereby
agreed and understood that any facilities/items/products/services/suppliers may be added/deleted to/from this
contract at the option of the City. When an additional facilities/items/prodtccts/services/suppliers to the contract is
required, the suppliers shall be invited to submit price quotes for these new product(s). If prices are not competitive
or not carried, the City maintains the right to add additional suppliers to the contract to carry those items required. If
these quotes are comparable with market prices offered for similar facilities/products/suppliers, they shall be added
to the contract, whichever is in the best interest of the City, and an addendum and a separate purchase order shall be
issued by the City.
2.27, TERMINATION
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.
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Invitation for Bid (IFB) 635380,2
B. FOR CONVENIENCE
The City 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 agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of
Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services
rendered prior to termination.
2.28. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included as part of your solicitation response shall be evaluated or considered,
and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this
solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in
transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General
Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that
the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. If a Professional
Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this
solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or
conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered.
Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or
Agreement,
2.29. CONSUMER PRICE INDEX (CPI) ADJUSTMENT
After the initial contract term, the Successful Bidder(s) may request a percent price adjustment to the Bid Lines
based on the Consumer Price Index (CPI) for All Urban Consumers, Not Seasonally Adjusted, Annual Percent
Change in Miami -Fort Lauderdale for Services. This request, along with full written justification and data from the
United States Department of Labor, Bureau of Labor Statistics, must be presented at least 30 days prior to the end of
the contract term for approval by the Director of Procurement.
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Invitation for Bid (IFB) 635380,2
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
The City of Miami owns and operates the 225 unit Dinner Key Mooring Facility in Miami, Florida, for the purpose
of mooring recreational vessels in a mooring field on City -owned bay bottom. The moorings require regularly
scheduled and emergency inspections by a qualified commercial diving Contractor, to insure functional integrity and
safety.
The Successful Bidder shall provide all data regarding the current condition of the mooring units (as more fully
specified herein) to the Contract Administrator, or designee, who shall make all decisions regarding wear, erosion of
metal, chafe, and, if necessary, subsequent replacement of components for the mooring units. The Successful Bidder
shall furnish all labor, equipment, and tools; exclusive of mooring parts/systems as specified herein that are
necessary to effect repairs. All diving activity and practices are to comply with the Association of Diving
Contractors. At a minimum shall include:
A. Detailed inspection of the anchor head, underwater buoy, StormSoft down line. Pennant line, all shackles,
all swivels, all splices, all thimbles, and mooring buoys;
B. Cleaning for inspection purposes only, and shall be for the purposes of inspecting mooring system wear
points;
C. A detailed written report, by mooring, covering all of the specifications detailed below. The report shall be
submitted to the City no later than fifteen (15) days after inspection completion the completion of the
inspections;
3.1.1. Specifications for Inspections and Replacement of Mooring Units
A. Clean and check all shackles, swivels, and bolt heads/nuts for condition and wear. Visually inspect the
current thickness and structural integrity of this hardware to determine wear corrosion.
B. Light clean (no abrasion) and check all down line and pennant line components for wear or chafe. This is to
involve no scrubbing which could abrade or damage fiber.
C. Clean and inspect mooring buoy and; inspect numbering for wear or non -adhesion.
D. Clean and inspect the underwater buoy to detect cracks, splits, or deterioration; check for correct position
alignment on down line system.
E. Inspect area around anchor head on bottom to detect any objects that could cause damage to or wear on any
system components; inspect any exposed anchor shaft above mud line for wear or deterioration.
F. Upon the detection of excessive wear or component failure, Successful Bidder shall recommend removal or
replacement of that mooring system; Successfid Bidder shall secure the moored vessel (if applicable) to the
support vessel to allow for the removal and replacement of the mooring unit; Suceessfiil Bidder shall consult
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Invitation for Bid (IFB) 635380,2
with Contract Administrator before any action is taken.
G. Accurately log all inspections, repairs, and maintenance activity on a City -provided log sheet or equivalent
log sheet approved by the Contract Administrator and submit with report; detailing the condition of unit
components and work completed. Log sheets shall be certified correct, dated, and signed by the inspecting
diver and Successful Bidder (if different).
H. This service is all inclusive, meaning that no other fees may be charged for this item.
I. These services are usually scheduled weeks in advanced.
J. Upon arriving back to shore with the removed/old mooring systems, the Successfirl Bidder shall remove the
unit from their vessel and take them to the designated buoy cleaning area. The City will provide new mooring
systems for the Successful Bidder to load on to their vessel.
3.1.2. Specifications for Additional Services
In addition to the underwater inspection and reporting services detailed herein, the Successful Bidder shall be
required to perform additional services on an as -needed basis, including but not limited to: removal of discrepant
mooring units (partial or complete); replacement of new or refurbished mooring units provided to the Successfiil
Bidder by the City; installation of new or replacement mooring unit or boundary buoy anchor systems; underwater
locating of existing mooring unit hubs, securing vessels currently on mooring systems needing to be repaired, and
other services as required. This service is all inclusive, meaning that no other fees may be charged for any of these
items.
3.1.3. Specifications for Emergency Service Call Charge
A. The Successful Bidder shall provide an emergency service on charge which includes 48 hour response time
from Successful Bidders location to the marina for work that is deemed an emergency by the City. This
cost ;should include mobilization, vessel transportation, and any other indirect costs not associated with
mooring inspections or miscellaneous work, performed done by the hourly labor rate.
B. Any work that is scheduled in advanced by the City with the Successful Bidder will not be eligible for this
charge.
C. Once at the marina, the submitted prices will be applicable.
D. Emergency Response time will be 48 hours or less.
3.1.4. Specifications for Hourly Labor Rates for Miscellaneous Services
A. The Successful Bidder shall provide an hourly labor rate per person for miscellaneous services related to,
but not otherwise covered in this solicitation.
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Invitation for Bid (IFB) 63 53 80,2
B.Scheduled Miscellaneous work may be performed on an as needed basis, and will not allow for an emergency
service call charge.
C.These services are usually scheduled weeks in advanced.
D. Whenever the miscellaneous services hourly rate is utilized outside of regularly scheduled inspections or
additional services requested, the Successful Bidder may charge for a Rill days work (8 hours) times the
number of divers used.
3.1.5. Pricing
A. The Successful Bidder shall provide a bid price per buoy inspection pursuant to the specifications provided
on a per unit basis for each installed mooring unit (currently 175 installed mooring units and a total of 225
anchors). Refer to Line item 1 in the Lines Section of this Bid.
B. In addition to the per unit buoy inspections, the Successfiil Bidder shall provide a bid price for those
additional services as stated in Section 3.1.2, as noted therein, the City shall provide any needed replacement
parts. Refer to Line items 2 - 5 in the Lines Section of this Bid.
C. The Successful Bidder shall provide an emergency service on charge which includes 48 hour response time
from Successfal Bidders location to the marina for work that is deemed an emergency by the City. This cost
should include mobilization, vessel transportation, and any other indirect costs not associated with mooring
inspections or miscellaneous work performed done by the hourly labor rate.
D. There shall be hourly labor rate pricing for miscellaneous work related to, but not otherwise covered in this
contract. This work is normally scheduled business hours from Monday through Friday (8:00 AM through 5:00
PM); and weekends/holidays (8:00 AM through 5:00 PM). Refer to Line items 7 - 8 in the. Lines Section of this
Bid and Section 2.20 for further details.
3.1.6. City Responsibilities
The City Will:
A.Provide a boat slip for the vessel being used during its stay at the marina;
B.Provide parking spaces for the Suecessfirl Bidders staff and
C.Provide showers for the Successful Bidders staff.
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