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i l AWARD RECOMMENDATION AND APPROVAL FORM Date: 10/ 2-4/2014 Department/Division: Citywide [Department Contact Name/Nunnber: Richard MlcLaren, C.P.M. Bid;Contract Number: IFB 371326,1 Sr. Buyer: Richard M eLaren, C.P.M. SummarylDescription of Purchase: Decontamination, DisinFection and Disposal of Bio -Hazardous Waste and Spills Justification for Award/Contract: Award of this IFB will enable the City to deal with spills and waste in a timely and proper manner on an as needed basis Type of Contract: Method of Purchase: ❑ Single Purchase ® Formal Bid (include bid tabulation) ❑ Short -Term Contract ❑ Compet i tive 'Negotiation (include documentation) ❑ Lease ❑ Other Governmental C©ntfactS (include documentation) Term Contract ❑ Contract Increase: Contract Period Two 2) Years OTR: Three (3) Additional One (1) Year Periods Recommended Vendor(s): Location Status: Award/Contract Value Bioresponse Corporation Local X550,000.00 Total Bid Award/Contract (including value associated A}otential OTR): $50,000.00 Award Recommended By:/ }- rr em Directorfnesignee Signatri c ,r Allocating funds from t e various our s of the user department, subject to availability of funds and Source(s) of Funds: bud eta approval at the time f rz d. Account Code(s): Funding Approval: Certified By: Approved: <nN c: N/A DMB Director:'Designce Chiu Ero irement Officer/Designee Cit N na 7,or at *Not apol.ica :Le for tern contract f Tabutatla i or Bids 1. IFMR32i ,1 For Decontaminatlon. Disinfection and Oispnsal :f Blo-Hazardccs Waste Hydro arbons or Cher, of W 12 I Biorerponso Spaulding Cnrn nein n_rLC Lina H :Line Description Unit of Est9mated Unit Prito Vnit Price ; Measure C uantlt I ;Group 1. ^-contarnlnatlon and Blu-Hazardous and/cr Ha ximk ' d 1 ! Cleanup Services - Fla`. Nate (all :nc'us ve) fo. Incident considered ooi.3- 1 $9;.�0 $ 1=ti.00 ar.d will be eappad A one (1) hear moxlmum bil:ing (also I"rormal" choose one of :he Included 3ttributas below-) See Sp=-dfi_ations Sectlon 33 for Broup descrl -Ions, Y 1a a. Above Bid'flcing Is `or Cecontarnlnatlon anc Bic -Hazardous YES, Clean-uo Serzlces jWficata Yes or 1,10 YES -1 tb b. AL•c{e Bid Pflcleg Is for Decoi.arninanan and Hazmat Clean•jp YES' Services findicite Yes or No) YES c. Above Bic Pr cing Is for Bot!, - Bid Price will be a slardard Ha[ it lc rate fee `or Uecontami,natlon 3rd B o•FlaxardbuslHazrtat dean- vES' 1. se^vices - -^ Icate `les or No YE3 Group 2- Gecontairinatlo- and 913 -Hazardous and/or -fazmat CleanupSa•v!ces -flat Rate (all Inclusive) for Indcanrs rcpped at if 2 two (2; rmu naxlmum billing (afro chaos" ore of tie indlided -�allar ] $1t38.i70 $5.50.00 attrlba'ss below) See specirc3ticns Secticn 3.7 for group :-roti Clans, it 23 r. Above Bid Pr dry fs far GerontarifraHon and 3'04-mrdcis YES. .laan•upSeMr.es IidlcateYasorNo) YES d 2b b. Above 31d Prldng is for Oecontaminatten and Hazmat Clann•up YES' Servlces i Ind I,ato Yes n ^ Yc } Y -S c..4oeve 19d Pricing is `or Roth - Did Prf4:3 will ba a standar) ttat } 42c rate fee fc''Decor tamhtiation and 9lo-HazardousjHazmatczar- YES' up services (Indicate Yes or NO YS3 Group 3- r-'ocwntaminadon and Blo•Hazardcus a-ad/or Hazmat Cleanup SerAces. Any scene Invoivhtg mere time beyond the two ;Z) huu- flat rate, disposal ants/orblo-hazard technicians -Me Hou,t 534,30 $75,m dor }'tour p-er m&ui'clan {also choose or=- of the fr diide(i attrlbutes below) Sea 3Poclf catlons Sectlon 3.7 Ur 3roup dearrlvtlrrns. _ 039 a, Above Old Priclrg Is for Decantarnlnation and Blo-Hazardous Y:'S• Glean -Lm 5ar4ces Vmll�-ate Yes or Not Y_5 ft 3b b, Abeve Bid Prlclrg Is for peccrtanitratlon and lie -'r A Clean up y Sr Services N `dlta'-" Yes Ur N0 YES c. Uov' Wet Prcing s for "noth - Ifid Pr,e wil be a standard f at H U 1up rate fed for IM-mritamiratton and Wo-ffazardous/Itazrrm clear- YES* serr'rLls jlndkate Yes orNo) YES Under Group 3- Oecontarrdnatfon and Blc-f-lazart!m and/or 04 Hazmat Cleanup Services-Itatetaranaddltlonalliquid'335-Huard Container 1 $50.00 $100.00 and/or Hazmat container, up to a thirty-=ive 135) galfons, Ind--ing tegal disposal Under Croup 3. Decantawinatlen and Urn--iazardous andjo- h 5 Ha¢n at Cleanup Sarvices - Raltr for an MrIltloncl Ilyuic Blo-Hazard Container 1 $1dQ,30 $�5.0a aie/or Hama container, up to a nlety-slx (95l gallons, Including ! le a� �lspr3sal Group s: Ail-Inrkisive cost for Pr sure Cleaning an exlsl!rg. Inlet/manheles'rgvinted by accident or'llegal scills as indre3ted G by Public A/orks or City Engineer (I.e. such as motorcar Inc 1 $.149.30 $750,00 oll/tra^sm'ssion spills, hct.sehold paint, ant -freeze, grease, cnoldng ,K, etc.t 1.'>er darlficatfon lc te.- darted i0j10114 and supplier resLm sp datod10/14/14 creatrul by A'cltard ` cLaren 10/70/2014 Paga,1 of 1 a App-aved by Detail by Entity Name Pa�,,c 1 of Detail by Entity dame Florida Profit Corraoration BIORESPONSE, CORP Filina Information Document Number P05000078630 FEI/EIN Number 202954991 Date Filed 05/31/2005 State FL Status ACTIVE Principal Address 7351 NW 7 Street #H MIAMI, FL 33126 Changed: 02/27/2014 Mailinq Address PO Bo 558711 MIAMI, FL 33255 Changed: 02/27/2014 Realstered Aaent Flame & Address POZO, MANUEL 7351 NW 7 Street H MIAMI, FL 33126 Address Changed: 02/2.7/2014 Officer/Director Detail Name & Address Title D POZO, MANUEL 8264 SW 107 Street MIAMI, FL 33156 Title D DE JESUS, RICARDO M http:'`search.sunbiz.or4g'inqLit rti/Corporatio nSearcli,'SearchRe5ultDetaiI EntimName'dom... 10.23� 1014 Detail by Entity Name 8465 S W 107 ST MIAMI, FL 33156 Annual Reports Report Year Filed Date 2012 04118/2012 2013 03/26/2013 2014 02/27/2014 Document Images 02/27/2014 -- ANNU.1\L REPORT View image in PDF format 0312812013 -- ANNIJ ?L REPORT View image in PDF format 04! 18/2012 -- A"•J^ILIAL REPORT View image in PDF format 01!2012011ANNUAL REPORT View image in PDF forma# 0V12/2010. -- ANr� U kL REPORT View image in PDF format 04!20/'2003 -- ANNUAL RESORT View image in RDF format 01!2512008 -- ANNUAL REPORT View image in PDF format 0410!2007 -- ANIN AL REPORTJ View image in PDF format 03/28/200;3 -- ANINU L REPORT Vfew image in PDF format 051`? Quote: 2099315 (RFQ 371326.1 � Page I of 7 Sourcing �r Requisitions- Negotiations .Intelligence j.y } 2 Quote: 2099315 (RFQ 37132n,1) Actions joniine Discussions Go Title 1=3 �:...........:'_..:`_.''--...'s.._�_.._; Close Da'-- 0$ -act -2013 14:00:00 .:-:"':__ Panking Price Only - SUppl;er Bioresponse, Corp. Time Ler: 0 seconds Supplier Situ Quote St., ie sealed Qi-,ct V_-i1id U,`l Quay Currency USD Purchase Order Contact Polo, Manuel Sh3rtiist S-�` ;s included Suppliers' Quote Number Quote Status Active riota to Buyar Title Type Description Category Last Updatad Usage Update Delete A;r_�chn;er,ts No results found. -.. ........... _ Requirements H ar= A i Details Section -1,� Gere Requirements Requirement Legal Name of Firm: Entity Type: Partnership, Sale Proprietorship, Corporation, etc. Address, Cit/, State, Zip: ... . ....... ..... I I .. .... ...-... Office Location: City of Nliami, €Miami -Dade County, or Other Occupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: Provide copies of a!I required licenses,'certifications to operate this contract. Attach to Header/Attachments Section. Will Subcontractor(s) be used? (Yes or No) Maximum Score Score 0 0 -25 of 26 1 Target Maximum Value Quote Value Score, Score Bnresponse, Corp, Corporation 7351 NIN 7 street number 14F Miami, FI, 33126 Miami -Dade County 5867321 . .............. I liami-Dade County 31 -Aug -2015 Department of Health 13-6409539 13- 6410889 13- 641385326 no http:"i map 1. rivers ide.emoov.net: 8003 O.-t_HT14IL/O;'k jsp?©:-�Func=PONRE-SENQ_VIE... 1010'2014 Quote: 2099' 15 (KFQ 3 713 26. r If subcontractor(s) will be utilized, provide their name, address and the the portion of te work, they j i+i be responsibl for Unger this contract (a copy of their kcense(s) must be sijbmitted with your bid response): Is this service contract a cit ,vide cont -act? (Yes or No) If the above ansvier is no, please indicate the name of the city (end user) department that your contract vi{ll serve: Provide brief description of the project or service to be provided Please list and acknowledge all addendum/addenda rece.,,ad. List the addenmduaddenda number and c'ate of receipt (i.e. Addendum No. 1, 7111/07). If no addendum/addenda was/v,ere issued, please insert N'A.. Fef.aren,ce No. 1: Nance of Company/Agency for which bidder is currently providing the serr:ces/goods as c! -'scribed in the s solicitation, or has provided such services/goods in the past: Reference No. 1: Address, Cih/, Stat--, and Zip for abok, r-ferenced company/agency listed: Fef-rence No. 1: Name of Contact Person and Telephone Number for above referenced no. 1 Reference No. t: Date of Contract or S=a'e for a' --(>,- referenced no. 1 Pefe-•er,ce N.). 2: Narne of Cor? pan-,'Agen<:y for which bidder is currer:tly 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 atov-= referenced company/agency listed: Reference No. 2: Name of Contact Person and Telephone Number for above referenced no. 2 Reference No. 2: Date of Contract or Sale for above r_fvr-�nced no. 2 Reference No. 3: Nance of Company/Agency for vihich bidder is currently providing the services/gDsGs as described in this solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above referenced company !agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above referenced no. 3 Total Contract Terms Variables Details Section Clause Variable Page 2 of 7 NO Subcontractors yes Bio -Hal, Mat cleaning, disposal and response. Amendment 1 10/06,12014 Miami -Dade Coonty Wolice Department 91:;5 fi','; 25 Street Dural, Florida 33126 Bill Hanlon 954-810'- 5309 S nce 2003 to present - Cite of M ami Police Department 400 NW! 2 Ave. Miami, FI. 33123 Yi2ndail Harris 305- 216-1150 ;since 2010- present Miami Beach Police Depa,�*n �2nt 1100 Washington Ave Miami Beach, Florida 33139 ].0 Pedroso 305-673- 7992 Fre,, iris 1-25 of 26 N --:et 1 C Description _ 0 Value 11tip: ' imap 1.rir-er•skit.cni�,o�-.net:8(X03'0A_HTML/Oa.fsp?OAFunc=PONPESEtiQ_v'IE— 10 10,2014 Quote: 2099115 (RFQ J71326 11 PaLze 3 of 7 No variables found. Deliverables t� `fa e�'ldcal.-nsdeliverable is overdue Irdcates res`r;.:eptpratt+e del,,erablnto e Deliverable Name Due Date Na deliverables Found. Lines -/TIP All prices are in USD. Quote Total (iJSD) 635.00 Start Target Quote Details Line Rank Price Price Price Unit is J Hwd �2 1 Group 1- 1 9-I Dollar Decontamm enation and Bio - Hazardous a.1d; rnr Hazmal` Cleanup Se-iices - Flat Rate (all Inclusive) for incidents considered "normal" and will be capped at one (1) hour maximum billing (also choose one of the included attributes belovi) See Specifications Section 3.7 for group descriptions. ....... ..... __.. __. ... ........... Attributes Status Alert Update Target Quote Minimum Minimum Estimated Release Release Line Active Quantity Amount Amount Total Quotes 1 94,002 Target Quote Attribute Group Value Value a. Above Bid Pricing is for Decontamination and Bio -Hazardous Clean-up Services G"�_f gyral yes .(Indicate Yes or No) b. Above Bid Pricing is for Decontamination and Hazmat Clean-up Services General no (Indicate Yes or No) c. Above Bid Pricing is for Both - Bid price will be a standard flat rate fee for General ru Decontamination and Bio-Hazardous/Hazmat clean-up services (Indicate Yes or No) http://imap 1.riversidexnigov. net: $00')'0A_HTX1L/OA.jsp'?©AFunc=PONRESENQ_VIE... 10,10'-1014 QUOte: 2099315 (RFQ 371326 E � Attachments Title Type Description Category Last Updat:,d No results f=ound. .:j_'- 2 Group 2- 1 183 Dollar 1 Decontamination and Do - Hazardous and/or Hazmat Cleanup Servfces - Plat Pate (all inclusive) for incidents capped at two (2) hoer maximum billfng (also choose one of the included attrib{Ales below) See Specifications Section 3.7 for group descriptions. Attributes Page 4 of 7 Usage Update Delete I33.tJr} Target ;Quote Attribute Croup Value Value a. Above 6,d Pricing is for Decontam nat.;nn a, -id S*-Hazarlous Clean-up Seroces General yes (Indicate Yes or No) tr. Above Bid Prid tg is for Decontamination and Hazmat Clean-up Services General no (Indicate Yes or No) c. Above Bid Pricing is for Both -Bad Price will be a standard fiat rate fee for General no Decontamination and Bio-Hazardous/Hazmat clean-up services (Indicate Yes or .No) _. Attachments ;Title Type Description Category Last Updated Usage Update Delete No results found. J H r: 3 Group 3- 2 94 Hour 1 94.002 Decontamination and Bic - Hazardous and/or Hazmat Cleanup Services. Any scene involving more time beyond the two (2) hour Flat http:,"imap1.rivers ide.cm-ov.net: 800)'0A_HTNIL/OA.jsp`OAFunc=PONRESENQ_VIE... 10'10:'2014 Quote: 2049315 (RFQ 371326 11 rate, disposal and/or bio- hazard technicians - Rate per Baur per technician (also choose one of the included attributes below) See Specifications Section 3.7 for group descriptions. Attributes Paye 5 of 7 Attribute Group Target Value Quote Value No resijits fog -rid. _ ._ _.. . .. ...... .... _ .......... Attachments _...._ ..... .......... ....... ........... Title Type Description Category Last Updated Usage Update Delete No results found, ! I _ .4 Under Group 1 3 - Decontamination' .and Bio - Hazardous and/or Hazi-nat Cleanup Services Rate for an additional liquid Bio -Hazard and/or Hazmat container, up to a thirty -Fire (35) gallons, including legal disposal Attributes Attribute Group No resuRs found. Attachments Title Type Description flo results found. jM cf 5Under Group 1 50 Coma t-er 1 50.00 2 110 Container 1 110.00 htil,: imap 1.ritierside.cnngov,net:8X0"MA _I-1TNIL/OAjsp?OAFunc=PONRESENQ_VIE... I0,IO'L2}14 Quote: 2099315 (RFQ 371326 11 Page 6 of 7 3- Decontam nation and Bio - Hazardous and/or Hazmat Cleanup Services - Pate for an additional liquid Bio -Hazard and/or Ha'rnat container, up to a hint/ -six (96) gallons, including legal disposal ................ _. ....._ ......__._ _.... ....... ............ ..... .... ........ ...... ..... _..... Attributes Attribute Group Target Value Quote Value No results found. Attachments "fide 'Type Description Category last Updated Usage Update delete Plo results found. 6 Grow 4: A I 1 149 Job 1 p inclusive cast for Pressure Cleaning an existing inlet/manholes impacted b4/ accident or illegal spMs as indicated by PubPic Vgork:s or City Engineer (i.e. such as motor car al/transmission spills, household .paint, anti- freeze, grease, cooking oil, etc.) Attributes Attribute Group Target Value No results found. .............................. Notes.. - - Quote Value 149.00 httli: inial .ri%- rside.eni o%-.net:800')`O.a_HT%ML/OA.jsp` OAFunc=PO`SRESEVQ_`'IF... 10'10'2014 Quote: 209931 S (RFQ 371326 1' Page 7 of 7 Mote to Buyer if no water containment is needed Attachments Title Type Description Category Last Updated Usage Update Delete No results found. P, :,r 4.;: PF 3 7 I3 t' -W ns ti, rAcns jonlin? Discussions Go P,Heap http:,!Iimap1.riverside.cmgov.net:8003'Oa_HTML/OA jsp"OAFunc=POtiNRESENQ_VIE... 10/10f2014 ANNIE PEREZ, CPPD Director of Procurement 117ttLI of $ji-allt- DAN TI -J. ALFONSO Cil,/ Manager ADDENDUM NO. 1 IFB No. 371626 October 6, 2014 Decontamination, Disinfection & Disposal of Bio -Hazardous Waste & Spills TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB; and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. The following lines in the IFB document have been revised to read as follows: Line #4: Under Group 3 -Decontamination and Bio -Hazardous and/or Hazmat Cleanup Services -Rate for an additional liquid Bio -Hazard and/or Hazmat container, up to thirty-five (35) gallons, including legal disposal Category: 47577-75 Unit of Measure: Contasner Unit Price: S Man4fastureF Mad,&4_Nu.rA b9r suppliar p'a4-N-um w Line #6: Unit Pnce: $ Number of Units: 1 Number of Units: 5 1 ALL OTHER TERJUS AND CONDITIONS OF THE IFF REMAIN THE SAME_ Sincerely, Annie PererezCPPD Director/Chief Procurement Officer Total:$ City of Miami fNGQAP ORATED Invitation for Bid (IFB) Purchasing ❑epertment Mlami Riverside Center IFB Number: Title: Issue Date/Time; IFB Closing Date/Time: Pre -Bid Conference: Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Buyer: Hard Cony Submittal Location: Buyer E -Mail Address: Buyer Facsimile: 444 SW 2'A Avenue, r Floor Miami, Florida 33130 Web Silo Address: hMp:/,ci.miami.fl.us,procurement 371326,1 IFB for Decontamination, Disinfection & Disposal of Bio -Hazardous Waste & Spills 06 -OCT -2014 10/08/2014 Cw 14:00:00 Wednesday October 1, 2014 at 3:00 PM McLaren, Richard City of Miami - City Clerk 3500 Pan American Drive Nliami FL 33133 L'S RNIcLaren(a mlamigov.com 3054005104 Page 1 of 40 Certifcstion 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 ttnit 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, 17,0.8, DESTI\ATION, the items or services specified herein. 7'he 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-L07 or Ordinance No, 12271, All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) farther 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 sot -vice, and is in all respects fair and without collusion or fraud. We (1) agree to abide by at] terms and condition, of this solicitation and certify that l am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIER nANLE: ADDRESS: P14ONE: FAX: EMAIL: SIGNED BY: TITLE: BEEPER: DATE: FML TRI. TO COMPLE T:. STON, AND 11FTURN TIRS F010t SRALL DISQLI Ary "rlfis 811), Page 2 of 40 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Address, City, State, Lip: Office Location: City of Miami, Miami -Dade County, or Other Occupational License Number: Occupatioral License Issuing Agency: Occupational License Expiration date: Provide copics of all required liceiveslcertifications to operate this contract. Attach to Header/Attachments Section. Will Subcontractor(s) be used? (Yes or No) If subcontractors) 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): Is this service contract a citywide contract? (Yes or No) If the above answer is no, please indicate the name of the city (end user) department that your contract will serve: Provide brief description of the project or service to be provided Page 3 of 40 Please list and acknowledge all addendum addenda received. List the addendurn;addenda number and date of receipt (i.e. Addendum No, 1, 7i 1107), if no addendum/addenda was/were issued, please insert NiA, Reference No, 1: Name of CompanyiAgency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and zip for above referenced company/agency listed: Reference leo. L Name; of Contact Person and Telephone Number for above referenced no. 1 Reference No. 1: Date o f Contract or Sale for above referenced no. 1 Reference No. 2: Nana 0 Company,"Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such SCC-Vi4eS/goods in the past: Reference No. 2: Address, City, State, and Zip for above referenced company agency listed: Reference No. 2: Name of Contact Person and Telephone Number for above referenced no. 2 Reference No. 2. Date of Contract or Sale for above referenced no. 2 Reference No. 3: Name of Company'Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above referenced company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above referenced no. 3 Page 4 of 40 Reference No, 3: Date of Contractor Sale for above references! no. 3 Page S of 4q Line: 1 Description: Group 1- Decontamination and Bio-flazardous and/or Hazmat Cleanup Services - Flat Rate (all inclusive) for incidents considered "normal" and will be capped at one (1) hour maximum billing (also choose one of the included attributes below) See Specifications Section 3.7 for group descriptions. Category: 96127-00 Unit oflfeasurc: Dollar Unit Price: $ Number of Units: 1 Total: $ a. Above Bid Pricing is for Decontamination and Bio-Hazarduus Clean-up Services (Indicate Yes or No) b. Above Bid Pricing is for Decontamination and Hazmat Clean-up Services (Indicate; Yes or No) c. Above Bid Pricing is for Both - Bid Price will be a standard flat rate fee for Decontamination and Bio-Hazardous/Hazmat clean-up services (Indicate 1'es or No) Line: 2 Description: Group 2- Decontamination and Bio -Hazardous and/or Hazmat Cleanup Services - Flat Rate (all inclusive) for incidents capped at two (2) hour maximun► billing (also choose one of the intiuded attributes below) See Specifications Section 3.7 for ;roup descriptions. Category: 96127-00 Unit of pleasure: Dollar Unit Price: $ Number of Units: 1 Total: $ a. Above }aid Pricing is for Decontamination and Bio -Hazardous Clean-up Services (Indicate Yes or No) b. !!above Bid Pricing is for Decontamination and Hazmat Clean-up Services (Indicate Yes or No) c. Above Bid Priem- is for Botb - Bid Price will be a standard flat rate fee for DecontatnirraLion and Page 6 of 40 Bio-Hazardous/'Hazmat clean-up services (Indicate Yes or No) Line: 3 Description: Group 3- Decontamination and Bio -Hazardous anWor llazmat Cleanup Services. Any scene involving more time beyond tate two (2) hour flat rate, disposal and/or bio -hazard technicians - Rate per hour per technician (also choose one of the inchided attributes below) See Specifications Section 3.7 for group descriptions. Category: 96127-04l Unit of Mcasure: Hour Unit Price: $ Number of [;snits. 1 Total: S a. Above Bid Pricing is for Decontamination and Bio -Hazardous Clean-up Services (Indicate Yes or No) b. Above Bid Pricing is for Decontamination and Hazmat Clean-up Services (Indicate Yes or Flo) c. Above Bid Pricing is for Both - Bid Price will be a standard flat rate fee for Decontamination and B io-Hazardous/HazEnat clean-up services (Indicate Yes or No) F I..Ene: 4 Description: Under Group 3- Decontamination and Bio -Hazardous and/or Hazmat Cleanup Services - Rate for an additional liquid Bio -Hazard. and/or Hazmat container, up to a thirty-five (35) galloffi. including legal disposal Category: 47577-75 Unit of Measure: Container Unit Price: $ Number of Units: I Total: $ Line: 5 Description: Under Group 3- Decontamination and Ilio -Hazardous and/or flazmat Cleanup Page 7 of 40 Services - Rate for an additional liquid Bio -Hazard and/or Hazmat container, up to a ninty-six (96) gallons, including legal disposal Category: 47577-75 Unit of Measure: Container Unit Price: $ Number of Units: 1 Total: $ Line: 6 Description: Group 4: All-inclusive cost far Pressure Cleaning an existing inlet/manholes impacted by accident or illegal spills as Indicated by Public Works or City Engineer (i.e. such as motor car oil/transmission spills, household paint, anti -freeze, grease, cooking oil, etc.) Category: 96127-00 Unit of N-leasu.e: Job Unit Price: $ Number of Units: 1 Total: $ Page 8 of 40 Invitation for Bid (IFB) 371326,1 Table of Contents Termsand Conditions....................................................................................................................................................10 1, General Conditions..........................................................................................................................................10 L I. GENI=RAL TERMS AND CONDITIONS ............................ .......,...............t0 2. Special Conditions...........................................................................................................................................30 2.1. PURPOSE............................................................................................................................................30 2.2. DEADLINE FOR RECEIPT OC RLQLTST FOR ADDITIONAL INFO RNIATION.CLARIFICATION..........................................................................................................30 2.3. TERM( OF CONTRACT................................................................. ...................30 2.4. CONDITIONS FOR RENEWAL.........................................................................................................30 2,5. NON -APPROPRIATION OF FUNDS.................................................................................................30 2.6. 11ETHOD OF AWARD.......................................................................................................................30 2.7. FIXED AND FIRM PRICiNG......... ............................. ........ ..................................................... .........31 2.8. BIDDERS NIINIiWUNI QUALIFICATIONS.......................................................................................31 2.9 CERTIFICATE REQL;IRENIENTSICOMPLIANCE WITH FEDERAL STANDARDS ...................31 2.10. LICENSES. PERMITS AND FEES...................................................................................................32 2.11. RESPONSE TINIE ..............................................................................................................................32 . 2.12. FAILURE TO PERFORIM.......... ................... I ........ I....".................................... .................................32 2,13, INSURANCE REQUIRF.NIFNTS FOR 1310 -HAZARDOUS WASTE CLEAN UP SERVICES ..,.32 2.14. METHOD OF PAYMENT.................................................................................................................35 2.1 . COMPLETED SERVICES.................................................................................................................35 2.16, RECORD KEEPING..........................................................................................................................35 2.17. ADDITIONS; DELETIONS OF FACILITIES/ITENiSI'SERVIC-ES/SUPPLIER(S) ..........................35 2.13. CONTRACT ADkIINISI'RATOR(S)................................................................................................ - 2.19. SUPERVISIOJti AND AUTHORITY.................................................................................................35 2.20, TIE-BJDS..........................................................................................................................................36 2.21. LIQUIDATED DAMAGES...............................................................................................................36 2.22. USE OF PREMISES...........................................................................................................................36 2.23. DAINIAGES TO PUBL.10T'RIVATE PROPERTY............................................................................37 2.24. REFERENCES....................................................................................................................................37 2,2e. SAFETY MEASURES.....................................................................................................................3' 2,26. TF..Rb4INATION ........................................................................................... .. ..............................37 2.27. ADDITIONAL TERMS AND CONDITIONS..................................................................................38 2.23. PRIMARY CLIENT (FIRST PRIORITY).........................................................................................38 3. Spcci11cations..................................................................................................................................................39 3.1. SPECIFICATIONS/SCOPE O1~ WORK..............................................................................................39 3.2. DECONT.kMINATION.......................................................................................................................39 3.3. DISPOSAL................................................................................................. .39 3,4. RESPONSE TIME................................................................................................................................39 3.5. DETAILS..............................................................................................................................................39 3.6. RECORD KEEPING................................................................ .1.....39 3.7. GROUPS...............................................................................................................................................d0 Page 9 of 40 Invitation for Bid (IFB) 371326:1 Terns and Conditions 1. General Conditions I.I. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goodslerjttipmentlscrvices with an estimated aggregaite cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request fur Proposals, Rmtuest for Qualifications. of Request for Letters of Interest pursuant to the City of Miami Procurement Code and.br Florida Lary, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. I.I. ACCEPTANCE OF GOODS OR ) QLINNIENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the .seller w,.til 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 tennis 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 - T'he signed or electronic 5ub1r1issi011 of your solicitation response shall be considored an offer on the part of the bidder/proposer; such offer shall be deamed accepted upon issuance by the City of a pureltase urdcr. 1.3, ACC_EPTANCURE.IEUIFION —The City reserves the right to accept or reject any or all responses or parts of after openingiclosing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such roicction, the Director of Purcliasing shall notify all affected biddersiproposers and [Hake 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 ofa 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 of 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: littp:!,wwiv.ci.miatni.fl.tWprocttrcment 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (t) alternate response from the sanic Bidder/Proposer for the sanic formal solicitation; provided, that the alternate response offer's a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the BiddenTroposer shall complote a separate Price Sheet form and shall marls "Alternate Response", Alternate response shall be placed in the same response, This provision only applies to formal solicitations for the procurement of goads, services, items, equipment, materials, -tnc,;or supplies. 1.6. ASSIGNJiFNT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resul ling Contract, or any or all of its right, title or interest herein, without City of Ntiami'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 Page 10 of 40 Invitation for Bid (IFB) 371325,1 proceedings 1.13. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder"Proposer agrees to provide access at. all reasonable times to the City, or to any of its duly authorized representatives, to any hooks, 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 the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all outer pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City, 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not-for-profit or quasi -governmental entity in die Slate of Florida, may avail itself of this contract and purchase any and all goods;'service.s, specified herein from the successful bidder(s)/proposcr(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rales, and regulations. Fach Governmen'al, not-for-profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contrail agreernent, 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 snccessfid bidder(s)/proposer(s). 1.14. AWARD OF CONTRACT: A. The Forn>al Solicitation, Bidder's.Tropeser's response, any addenda issued, and tate purchase order shall constitute tlty entire contract, unless modified in accordance with any ensuing contracVagreement, amendment or addenda. 16. The awani of a contract where there are Tic Bids will be decided by the director of Purchasing or designee in the instance that Tic Bids can't be determined by applying Florida Stawte 237.0$7, Preference to Businesses with Drua-Frec'"'orkplace programs. C. The award of this contract may be preconditio tied on &..e subsequent submission of other documents as specified in the Special C:onditiops 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 BiddenTroposer is in default of diose contractual requirements, the. City, through action taken by the Purchasing Department, will void its acceptance of the Bidder'sMroposer's Response and may accept the Response from the neat 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 Bidde0roposer and its bidrproposal bond or guaranty, if applicable, as a result of damages or increaser) costs sustained as a result of the Bidder'&Troposcr's default, D. The tens of the contract shall be specified in one of three documents which shall be issued to the successful Biddcr. Proposer. These documents way either be a purchase order, notice; of award and: or contract award sheet. E, The City reserves the right to automatically extend this contract far up to one hundred twenty (120) calendar days beyond the stated contract tem) in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, anti/or awarded. If the right is exereised, the City shall notify the Bidder.Traposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific numbcr of days. Additional extensions over [lie first one hundred twenty (120) clay 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, tho contract term shall conclude upon completion of the expressed or implied warranty periods. Page I l of 40 Invitation for Bid (iFB) 371326,1 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. FI. A ContractlAgreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. Asa rcsuft 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 City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, mid will be subject to approval as to legal form by the City Attorney, 1.11. BiD BONDI BID SECURITY - A cashier's or ccrtiflerl 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 4fiami, for the amount bid is required from all bidders;propose rs, Jr in indicated under the Special Conditions. This check or bond guarantees that a bidder.'proposer will accept the order or cotstract'agrcemetit, as bid/proposed, if it is aN,varded to bid+der'propwier. Bidder. Propoder shall forfeit bid deposit to The City should City award con tract'agreament to Bidder; Proposer and BidderTroposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders; proposer; within ten (10) day's after the award and successful bid der's,proposerIs acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closinv elate, and no contract has been awarded, all bid deposit; will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All firm,% should be completed, signed and submitted accordingly. 1.13. BiD SECURITY FORFEITED LiQi:IDATED DAMAGES - Failure to execute an Agreement andr'cr file ,in acceptable Performance Bord, when required, as provided herein, shall be just cause for the annulment of the award anei the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in initig:ttion of damages sustained. Award may then be made: to the next lotbect responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRUiND NAMES - If and wherever in the specifications brand names, snakes, models, names of any manufacturers, trade names, or bidderiproposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule otit other competitors' brands or makes, the phrase "OR EQUAL" is added. When biddingiproposing an approved equal, Bidder0roposers will submit, with their response, complete sets of necessary data (factory infortatation sltccls, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the items) bidlproposcd. The City shall be the sole judge of equality and its decision ihall be final. Unless otherwise specified, evidence in t1w firm of samples maybe requested if the proposed brand is other tl.an specified by the City, Such samples are to be furnished after 6rmal solicitation opcninl lclosing only upon request of the City. If samples should be requested, such samples must be received by the City no tater than seven (7) calendar days after a formal request is made. 1,13. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening, closing. In the event of bid''proposal cancellation, die Director of Purchasing shall notify all prospective bidders,'proposers and make available ra 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 delivcr.'perfonn the goods?services required by the; City, is a business risk which the contractor trust assume. The City will not be obligated to reimburse amortized or una nortized capital expenditures, or to maintain the approved status of any contractor. Ifcontraclor 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 ICOR DELAYS - It is further expressly agreed that its no event shall the City be liable Page 12 of 40 Invitation for Bid (IFB) 371326,1 for, or responsible to, the BiddevPropose r.'Consultant, any sub-contractor'sub-cnnsrilrant, or to any other person For, Or an account of. any steppages 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 Clic City has no control. 1,18, COLLUSION —Bidder/Proposer, by subiilittin� a response, certifies that it; response is tnadc without previous undcrstandin, agreement or connection either with any person, firm or corporation submitting a response for thr same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder -'Proposer certifies that its response is fait•, without control, collusion, fraud or other illegal action. Bidder-Troposzr certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws, The City will investig.we all potenrial situations where collusion may have occurred and the City reserves the right to reject any and all bids,'rc ponscs 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. Occupalior.al, Safety and Health Act (OSHA), as applicable to this Formal Solicitation C. The State of Florida Statutes, Section 2877133(3)(A) on Public Entity Criines. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation, E. Uniform Commercial Code (Florida Statutes, Chapter 6722). 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 (1VFPA), as applicable to this Formal Solicitation, 1. City Procurement Ordinance City Code Section 18, Article 111, J. Conflict of fnterest, City Codc Section 2-611;61. K. Cone of Silence, City Code Section 18-•7.1. L. The; Florida Statutes Sections 213.73 and 2 48.7-4 on Prompt Payment. Lacy of knowledge by the hidder,'propmer 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 or thQ City Ordinances may be obtained from the City Clerk's Office. 1.20, CONE OF SILENCE - Pursuant to Section 18-7-4 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or lFI3 after advertisement and terminates at the time the City Manager issues a tivrirtctt 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 Cotte of Silence prohibits any communication regarding RFPs, RFQs, RFLI or 1FBs (bids) between, among others: Page 13 o f 40 Invitation for Bid (IFB) 371325,1 Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City 4lanager and the City Manager's staff°, the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation cotnrnittee. The provision does not apply to, among other coni municaLions: 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 ot'Silence do not apply to oral communications at duly noticed site v is itslinspections, pre -proposal or pre-bid conferences, oral pr.sentat ions 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 ofthe City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Stiction 2.2. of the special Conditions), or communications in connection with 0,.e collection of industry comments or the performance ormarket re.warch 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 Lite City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall rcndtr any award voidable. A violation by a particular Bidder, Proposer, Of cror, Respondent, lobbyist or consultant shall subject sante to potential penalties puv3nant 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 137.1 of the City of Miami Code for further clarification. This language is only a summary or the key provisions of tL•e Cone of Silence. Please review City of Mliaivi 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 coley of same. 1.21. CON FIDF.N'i IAUTY - As a political subdivision, the City of Mianv is subject to tho Florida Sunshine Act and Public Records Law, if this Contracu'Agreement contains a confidentiality provision, it shall have no application when diseloaure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders"Proposers, by responding to this Formal Solicitation, cer'ti'fy that to the best of their knowledge or belief, no elceted appointed official or entployce of the City of lbiiami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of tare BidderTroposor or its employees must be disclosed in writing to the City, Further, you must disclose the narne of arty 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. Biticim,'Proposcr further agrees not to use or attempt to use any knowledge, property or resource which may be withijr his/her/its trust, ar perform his/herAts duties, to secure a special privilege, benefit, or exemption for Irimsclf'hcrselflitself, or others. Bidder "Proposer may net 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 histlrerr'its personal gain or benefit or for the personal pain or benefit of any other person or business entity. B. Bidder./Proposer hereby acknowledges That lie/she/it has not contracted or transacted any business with the City or any person or a<ecncy acting for the City, and has not appcured in representation of any third party before any Page 14 of 40 Invitation for Bid (IFB) 371326,1 board, cnmmi .sion or agency of the City within the past two years. Bidder!proposer further warrants that he/she/it is not related, speci Really the spouse, son, daughter, parent, brother or sister, to: (i) any member of the conzinission; (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 BiddevProposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penaltics allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRiGHT OR PATENT RIGITTS — BiddersTroposers 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 a.; a result of this forinal solicitation, and bidder5`proposers agree to (told the City harmless from any and all liability, loss, or expense occasioned by any such violation.. 1,21, COST INCI;RRED BY $1DDERIPROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (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 tilanager, 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 debarinenr shall be for a period of not f :ver than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award or city Contracts if there is probable cause for dabarmenr, 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 debarmcnt or suspension include the following: (1) Conviction for cenimission 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, f.-ilsitication or destruction orrccords, receiving stolen property, or any other offense indicating a lack of business integrity or busineis honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract pinvisioas, which is regarded by the Chief Procurement Officer to be indicative of ronresponsibiliry. Such violation may include failure without good cause to perform itt accordancc 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 goverunheetal entity. (6) False certification pursuant to paragraph (c) below. (7) Found in violation of zoning ordinance or any over eirw ordinance or rcaulatioa and for which Page 15 of 40 Tnvitation for Bid (IFB) 37131.6,1 the violation remains noncompliant. (8) Found in violation ofa zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city, (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a "reification that neither the Contractual Party nor any of its principal owner or personnel have leen convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment anti suspension decisions, Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons fur the debarment or suspension. A copy of the decision sliall 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 public building or public work, ntay not submit response an leases of real property to a public entity, may not award or perform work as a contractor, supplier, sul--contractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAUL"T:'F ULURE 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 wirhin the time stipulated, Upon default by tl.e successful Bidder.Proposer to meet any terms of this agreement, the City will notify the Bidder Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effwctine clnte of the termination. The following shall constitute default; A. Failure to pert'orin the work or deliver the goods/services required under the Contract and/or within die time. required or failing to use the subcontractors. entities andpersonnel 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 (o perform the work with sufficient workers and equipment or with sufficient materials to ensurc timely Completion. D. Neulect* or refusing to remove materials or perforin 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 dtc successful Bidden'Proposer incapable of pert'arming the work in accordance with and as required by the Contract. F. Failure to comply with any of the teens of the Contract in any material respect. All costs and clt.trges incurred by the City as a result of a default or a default incurred beyond the time limits statad, together with the cast ofcompletill" the work, shall be deducted from any monies due or which may become due on Page 16 of 40 Invitation for Bid (iFB) 371326,1 this Contract. 1.28. DETERNIINATION OF RESPONSiVENES.S - 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 rcquirements of the formal solicitation, includes all documentation. is submitted in the format outtined in the formal solicitation. is of time4y submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deom a Response non-responsive. 1.29. DISCOUNTS OFFERED DURING TERyI 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)rPropmer(;) durin, the term of die contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the Ciry Cornmission Any discounts offered by a manufacturer to iiitide riproposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (ifany) should be reported in writing to the City's Purchasing Department. Should it be founts necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase ag-tuetncut (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 solieitadun shall be resolved by giving precedence to the following docuniettts, the first of such list being d>c governing documents. 1) Addenda (as applicable) 2) Specifications 3} Special Conditions 4) Gcncral Terms and Conditions 1.31. EMERGENCY I DiS ASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide late City with the commoditicsfserviecs defined within the scope of this formal solicitation at the price contained vvithin vendor's response, Further, successful vendor shall doliver!perforin for the city on a priority basis during such times ofcn ergency. 1.32. ENTIRE: BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and spccitically this General Conditions Section, Contractor's Response and any written aurdement entered into by the City of Mfsami and Contractor in cases involvia�, RFPs, RFQs, and RFLIs, and represenk the entire understanding and agreement between the parties with respect to the subject matter hereof and stole: iedes all other negotiations, understardiny and representations, if any, trade by and between the parties. To the ement that the agreement conflicts with, nodi: -Les, alters or changcs any of die terms and conditions contained in the Formal Solicitation an( 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 Contractus. 1.33, ES'rim. TED QUANTITiES—Eaimated quantities or 4;stimated dollars arc provided for your guidance only. No guarantee is expres+ed or implied m 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 tate award of this contract. Said estimates may be used by d:c City for purposes of determining the low bidder or must advantageous proposer meeting specifications. The City reserve; tho right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Sol icitation. 1.34. EVALUATION OF RESPONSES Page 17 of40 Invitation for Bid JFB) 371326,1 A.Rejection of Respotmes The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) f3idder,•'I'reposer mistates or conceals any material fact in the Response ; 3) Response docs not conform to the requirements or the Formal Solicitation; 4) Response requires a conditional award that conflicts with the tnethod of award; 5) Response does not include rcgeireti samples, certificates, licenses as required; and, 6) Response was not executed by the Bidd:r's,'Proposcr(5) authorized agent. The Foregoing is not an all inclusive list of reasons for which a Response may be rejectc:l. The City may reject and ro-advertise for all or any part of the Fon-tial 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 farm 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 tirm w'hicIa has failed to perform tinder the terms and conditions of any previous con!ract wide tic 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. Deter niination of Responsibility 1) Res onses will only be considcred from ontilies who are regularly engaged in the business of providing the gat±d,:�.Tuipmer.t'stivices required by dic Formal Solicitation. Biddcr,,Troposer roust be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terns "equipment and organization" as used herein shall be construed to nican a fully equipped and well established entity in line with the best industry practices in [he 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)'?roposer(s) to show proof that they have been designated as an authorized representatiA,a of It inannfildtlrer or supptier which is the actual source of supply, if required by theForInal Solicitation. 1.35. EXCEPTIONS TO GENERAL A!flliOR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be Listed on the Response and shall reference the section. Any exceptions to the General ar Spacial Conditions shall be: cause for the bid (117B) to be considered non-responsive. it also may be cause for a RFI', RFQ, or RF1.i to be considered non-responsive; and, if exceptions are taken to the terms and conditions of the resulting agreemctit it may lead to tenninating negotiations. 1.36. F.O.B. DESTINATION - Tlnlcss otherwise specified in the Formal Solicitation, all prices quoted,''pmposcd by tic bidder:'proposer crust be F.O.B. DESTINATION, inside- delivery, with all delivery costs and charges included ist the bidproposai price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid,'propkxsal. Page 18 of 40 Invitation for Bid (iFT3) 371326,1 1.37. FIRM PRICES - The bidder,'proposer warrants that prices, terms, and conditions quoted in its response will be Firth tEu•auphout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period ofperforrnance or resulting purchase orders or contract. which are to be performed 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 shat I pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional Minimum wage regttir'emcnr and pay its employees the current established hourly minimum wage rate, which is subject to change Of auiusted 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 Stateg Department of Labor. Each adjusted minimum wake rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following J uhuary Ist. At the time of responding, it is bidder. propo,cr and hisiher subcontractor(s). if applicable, full responsibility to determine whether any of its employees tnay be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidderfpropcser trust furnish arnployeo name(s), jo3 title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute sucecssfiul bidder's,'proposcr's ackcnowled-ement 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. GOVERNItiG LAW AND VENUE - The validity and effect of this Contract shall be governed by the htWS of the State of Florida. The parties agree that any action., mediation or arbitration arising out of this Contract shall take place in Miami -made County, Florida. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed a; modifying, amending or atTcetine in any way the expressed terms and provisions hercoF. 1.41. IIEALTII 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 disclosurc of "individually Eentiliable health information (lIHI) and'or Protected Health Information (PHI) shall comply with the Health hisarance Portability and Accountability Act (HIPAA) of 1996and the City of Miami Privacy Standards. HIPAA niardates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services requited by the contract or as required by law: B. Use of appropriate_ safeguards to prevent tion-permilted disclosures; C. Reporting to the City of Miarni of any non -permitted use or disclosure; D. Assurances that any agents and &6contractors agree to the same restrictions and conditions that apply to the Biddcr;Proposer and reasonable assurances that IIHIrPIII will be hold confidential: E. Making Protected Health Information (PILI) available to the customer; F. tMaking PHI available to the customer for review and amendment, and incorporating any amendments requested by the customer; G. Iblaking PI -I1 available to the Cit_v of141ianhi for an accounting of disclosures; and H. Making intcrnal practices, books and records related to P111 available to the City of Miami for compliance audits. Page 19 or 40 Invitation for Bid {11711} 371326,1 PHI shall maintain its protected status regardlc;s of the firm and method of u•nnsmission (paper records; and/or electronic transfer ofdata). The Bidder' Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDE.MNIFiCATiON - 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 frons the permitted work, even if it is alleged that the City, its of ticiais and•'or employees were negligent. These indentnificatiotts 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 dcfcnd such action or proceeding by counsel satisfactory to Citv. The Contractor expressly understanus and agrees that any insurance Protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indoinnify; keep and save harmless and defend the City or its officers, employees, agents and irstrunlcntalities as heroin provided. The indemnification provid.d above shall obligate Contractor to defend at its o%vn expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at 01-'s cption, any and all claims of liability and alt suits and actions of every name and description which may be brought, against City whether perforated by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of die Contract. This indemnity will be interpreted under the laws of the Stat;; of Floridn, including without limitation and which conforms to the limitations of §§726.06 and,'or §726.03, 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. Tho Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actiors or cmi.ssions of the Contractor in which the City participated either through review or concurrence of the C3ntractor';i act;«no. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, flit City it: no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this agreement. 1.43. FOR NIATION AND DESCRIPTIVE LITERATURE —Bidders: Proposcr must furnish all information requested Irl the spaces provided in the Formal Solicitation, Further, as may be specified elsewhere, each Bidder:T'roroser must submit for evaluation, cuts, sttetchos, descriptive literature, technical specifications, and Matorial Safety Data Sheets (NISDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this proviaiun. 1. i4. INSPECTIONS -'rhe City may, at reasonable times during the: term hereof; inspect Contractor's facilities and perform such tests, as the City deers reasonably necessary, to dt termine 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 inspection,.; by City re;prescntatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Nfiami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented froth time to tinge, 1.45. INSPECTiON OF RESPONSE - Response,, received by the City pursuant to a Format Solicitation will not be made available until such time as the City provides notice ora decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid,`Proposal results will be tabulated and may be furnished upon request via Page 20 of 40 Invitation for Bid (IFB) 371326,1 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_ 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 coMplianee 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 havean additional five (5) calendar days to submit a corrected certificate to the City. it the Contractor fails to submit the required insurance docurtients in the m:inner 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 B iddcnTroposer may be prohibited from. submitting future responses to the City. Information regarding ally insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 44.1 SW 2nd Avenue, 96 Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance: certificates required in conjunction with this Stiction remain in effect for the duration of the contracraal 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 andror services delivered (i.e. quantity, unit price, extended price, etc), and in compliance with Chapter 213 of the Florida Statutes (Prompt Payment Act), 1.48. LOCAL PREFERENCE A. City Code Section 18-85, stares, "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 mnintain 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 tic in the best and final bid belween 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. IRFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Nlatnager, director of the using agency, and th•c 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. MAIWFACTURER'S CERTI FICATION -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 tic rejection of bidiproposal or tcrinination of contractlagreetnent, for which the bidder./proposer must bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contraet 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 cfPurchasing of the City ofMianii, Florida through Page 21 of 40 Invitation for Bid (IrB) 371326,1 the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.51. NO RALRTNERSHIP OR JOINT VENTURE-Nothinn contained in this Contract will be deemed or construed to create a partnership or joint venture berNcen the City orNliami and Contractor, or to create any other similar relationship between the parties. 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direetion of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as detenns'ned 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 riot conforming to specifications may be rejected and returned at Bidder'sTroposer's expense. Thetie nott-conformin:,2 iters not delivered as per delivery date in the response andror Purchase Order may result in biduer'rropmar being found in default in which event any and all re -procurement costs may be charged against the defaul.ed contractor. Am violation of these stipulations may also result in the supplier's name being removed fi'otm the City or Miami's Supplier's list. 1,53, NONDISCRIMINATION —BidderrProposer agrees that it shall nut discriminate as to race, ser, color, age, rcliginn, nationat origin, marital status, or disability in connection with its performnnce under this forri.al solicitation. Furthermore, BidderiProposer 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, he 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 oFpersonnel, niddcr-Pt'opaset'shall not discriminate against, any person ou 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. 1,55-1. NON-EXCLUSIVE CONTRACT, PiGGYBACK PROVISION - At such times as may serve its best IESCeCest, the Cityof iMianti 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 andror services as ntny be available, It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)rproposer(s) to rteive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly diflerent solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases arc determined to be in the best interest ofthe 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 Rcsponsc under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Artielc I of the City ot"Miarni Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of tl►e license must he 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 it.dividual, Firm, partnership, corporation or joint venture Page 22 of 40 invitation for Bid (1FB) 371326,1 will be considered in response to this Formal Solicitation. When submitting an alternate response, please refer to the herein condition for "Alternate Responses May Be Considered". 1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any docannents, records, riles, or any other matter whatsoever which is given by the City to the successful Bidder/Proposes pursuant to This Formal solicitation shall at all tines renlain the property of the City and shall not be used by 1[me Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.58. PARTIAL IN4'ALiDITY - 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 chose as to which it is held invalid shall not be affected thereby, and each provision of this Cataract shall be valid and enforced to the fullest extent permitted by law. 1.54. C°I;RFURttANCE/PAY:VI E`'I' BOND —A Contractor may be required to furnish a Performance/Payment Bond as pari of the requit-cinents of this Contract, in an amount equal to ono hundred percent (1001,a) of the contract price. 1.50. PREPAR.VTION O1' RESPONSES (H *►RDCOPY FORINIAT)—Biddors,Proposers are expected to examine the specifications, required delivery, drawings, and all special and genersl conditions. All bidfproposed 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 Bidde0roposer shall furnish the information required in the Fornnal Solicitation, The Bidder.Proposer small sign the R,,sponsc and print in ink or type the namd of the Bidder; Proposer. address, and telephone number on the face page and on each conrinvation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offcrcd :shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Nlianti 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 ctmaployees. if applicable, a unit price shall be entered in the "Unit Prig:" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offcrcd. in case of a discrepancy between the unit price and extended price, the unit price wiII be presumed correct. C. Tltc Biddcr/Proposer must stato a definite tune, if required, in calendar days for delivery of goods andior servtce5. D. The BidderrProposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with time firm's nano and by an offi",r or employee having authority to bind the company or firm by hisfher 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 Success:ul Bidder's'Proposcr's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Rcsponso Forms shall be used when Bidder;Proposer is submitting its response in hardcopy format. Use of any other forums will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (.i) COPIES OF THESE- SETS OF FORIMS, UK -LESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACIMENTS MUST BE RETURNED TO THE CITY Page 23 of 40 Invitation for Bis (IFA) 371326,1 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 tite 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 becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's atathorizcd represcntative(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 tNTEREST, 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, said, 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 Contact. 1.64. PROtIIPT PAYMENT—Bidd:rsfProposers 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 ciscount to indicate no discount. If the BiddenTroposer 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 correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, thecash discount period shall corimence on the date final approval For payitlent is authorized. If a discount is part of the contract, but the invoice dues not reficct the c:dstcncc 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. Ili -ice discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders.'proposers dtiring the terns 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. Dar,tages occurring to such property while in route to the City of :Miami shall be the responsibility of the Contractor. fn the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacctt,,:at value of the property at the current market value, less depreciation of the property, if any. 1,66. PROVISIONS BEN DING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions aad provisions of the resulting Contract shall be bindin upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successer:s and assigns. 1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a ccmviction 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 ofrenl 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 n,ay not transact business with any public entity in excess of the threshold amount provided in Section Pa,c 24 of 40 Invitation for Bid (IFB) 371326,1 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. 1.65. PUBLIC RECORDS - ConlraetOr understands that the public shall have access, at all reasonable times, to all documents and informadmi pertaining to City contracts, suhjeet to the provisions of Chapter 119, Florida Statutes, and City oi'Ivliami Code, Section 18, Article III, and agrees to allow access by the City and tl;c public to all documents subject to disclosure under applicable lacy. Contractor shall additionally comply with the provisions of Section l 19.0701, Florida Sta,_ates, entitled "Contracts; public records". Contractor's failure or refusal to comply with. the provision of this section shall result in the immediate cancellation of this Contract by the City. 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT -All materials used in the manufacturing or construction orsupplies, materials, or equipment covered by this solicitation shall be new. The it ms bidlproposed must be of the tat;.st make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation, y 1.74. QUALITY OF 4i°ORK;SEliVICE S -'fhc work,'scrvices performed must be of the highest quality and workmanship, lfaterials furnished to complete tlae 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 soliciralion or proposed award is in violation of law, then the solicitatian or proposed award shall be cancelled by the City Commission, the City Manager or the Chic rProcurement Officer, as may be applicable, or revised to comply with the law. 1.72. RESOLUTION OF CONTRACT DispurEs (see. 18-111 ) (a) AuQtoriiy 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 tl.eirn provided that, in cases involving an amount greater than .525,000, the City Con.r.;is.iion trust approve the City Mf anager's decision. Such authority extends, without limitation, to controversies based upor, brach of Contract. mistake, misrepresentation or lack of complete performance, and sliall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. Ira dispute is not resolved by mutual consent, the City Manager shall promptly render a written report statirrG the reasons ror the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of Itis decision shall be imniediarely 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. RESOLE" f foaiN` OF PRUVESTED SOLiCIT:MONS ANIS ANVARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations mud awards except for purchases of goods., supplies, equipment, and services, the estimated cost of which docs not exceed S 25,0011. Protosts lhcrcon shall be governed by the Admin'tstradve Policies and Procedures of Purchasing 1.Protesl of solicitation, i. Any prospective proposer who perceives itscif argarieved 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 Page 25 of 40 Invitation foi- Hid (IFB) 371326,1 Letters efInterest 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 or intent to file a protest shall be filed with the Chief Procurement 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. i. 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 1�-Ianager's recommendation for award of Contract, which will be posted on tire City of Mianhi Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommci dation of Award Section. The notice of the City Manager's recommendation can be found by selecting fhc details of the solicitation and is listed as Recommendation of Award Posting. Date and Recommendation of Award To fields. Ir"various" is indicated in the Recommendation of Award To field, the Bidder'Prop user must contact tho buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidderl'r•opos`r to check thi.; section of the website daily after responses are submitted to receive the notice, or ii, Any actual Rrsporsive and Responsible Bidder whose Bid is lower than that of tl►e recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to filo a protest shall be tiled with the Chief Procurement Officer within two clays 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 stall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protist is considered filed when received by the Chief Procurement Officer. W. A written prot,-st based on any of tike foregoing trust be submitted to the Chief Procttretnont Officer within five (5) days after the date the notice of protest was filed_ A written protest is considered tiled when received by the ChiefProcu•ement Ofd cer. The writton protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicilation or the sward is based, and shall include all pertinent docunhents and evidence andd 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 Prucurenhent Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No lime tic-! I I be add; d to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, die 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 nm until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays ard legal holidiys shall be excluded iii the computation of the time for filing. (b) Authority to resolve protests. The C'hiel"Procurement Officer shall have the authority, subject to the approval of the Circ Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said devision to the protesting party and shall submit said decision to Lie City Corti mission within 30 days after helshe receives the protest. In cases involving more than 525,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to die City Commission after a favorable recommendation by die city attorney and the City Manager, Page 26 of 40 Invitation for Bid (IFB) 37 1326, 1 (e) Compliance with fling requirements. Failure of a party to timely file zither the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (0, with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to Me a protest pursuant to this section. The protesting party shall not be entitled to aeekjudicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until t1.e 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 ]aid or proposed Contract, or MOM, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. if a protest is upheld by the Chief Procurement Officer and:or the City Commission, as applicable, the filing fee shall be refunded to the prutestor less any costs assessed under subsection (c) above. if the protest is denied, the filing fLe shall be forfeited to the city in lieu ofpayment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.74. SAMPLES - SampIcs of items, when required, must be submitted within the time specified at no expense to the City. [fact destroyed by tenting, hidder(s)/proposer(s) will be nolified to remote samples, at tl.eir expense, within 30 days after notification. Failure to ren.ovo the samples will result in the samples becoming the property of the City. 1.75. SELLING, TRANSFERRING OR ASSiGNI\G RESPONSIBIL1TLES -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 perfon-nance required by this contract, except under and by virtue of written permission granted by the City through rite proper of icials, which may be withheld or conditioned, in the City's sale discretion. 1.76. SERVICE AND WARR N'rY --When specified, the bidder.proposer shall define all warrant;,, service and replacements that will be provided. DidderslProposer 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 derail or the ontiission 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 arc to be used. All worlcinan,hip and services is to be first quality. All interpretations of these specifications shall be mads upon the, basis of this statement. If your firm has a current contract with the State of Florida, I)cpartment of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than thy: contract price, failure to comply with this request will result in disqualification of birl:proposal. 1.75. SUBNIiSSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via die Oracle System or responses may be submitted in hardcopy format to the City Clerk, City hall, 3500 Pan American Drive, Miami, Florida 33133-504, at or before, the specified classing date and brie as desisnated in the IFB, RFP, Page 27 of 40 Invitation for Bid (IFB) 371326,1 RFQ, or RFLI. NO EXCEPTIONS. Bidders./Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder'Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy respons.s received at any other location than d,,c specified shall he deemed non-responsive. Directions to City hall: FRONI THE NORTH: 1-97 SOUTH UNTIL 17 TURNS INTO US1. USI SOUTH TO 27TH AVE., TURN LEFT, PROCELD SOUTH TO SO. BAYSHORE DR, (3RD TRAFFIC LIGHT), TURN LEFT, I BLOCK TURN RIGHT ON PAN AIME.RICAN DR, CITY HALL IS AT THE: LND OF PAN AMERICi�N DR. PARKING iS ON RIGHT. FROM THE SOUTH: US I NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LE -.-:;T, I BLOCK TURN RIGHT ON PAhi AIMERICAN Die. CITY HALL TS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Faesirrtiie responses will not be considered. C. Failure to follow these procedures is cause for rejection ofbid, proposal. D. The responsibility for obtaining and submitting a response on or before the close data is solely and strictly the responsibilityof Bi;idct~Tropi)ser. The City of :Miami is not responsible for Belays caused by the United States mail delivery or caused by any other occurrence. Responses received ager the solicitation closin; date and time wilt be returned unopened, and will not be considered for award. E. Late responses will be rejected, F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the lime and date set for closing of srilicit,rtion responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closest date and.'or time expires), the City will not consider any subsequent submission which alters dee responses. K. If hardcopy responses are submitted at the sante time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package mast contain the intlormation previously ser;ted in 1.82.A. 1.79. TAXES - The City of Miami is exempt from any lazes imposed by the State and/or Federal Government, Exemption certificates will be provided upon request. Notwitttstandin4, Ridders/Proposers should be aware of the fact that all materials and supplies which are purchased by die 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/Proposcr. 1,34. TERMINATION —The City Manager on beltalfofthe City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of die contract. Page 28 of 40 Inv iration ror Bid (IFB) 371326,1 B. The City has determined that such termination %vill be in the best interest of the City to terminate the contract for its own convenience; C. Funds arc not availahle 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'Proposcr have peen 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 orMiarni. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goodsr'serviccs and pursuant to Section 2 18.74, Florida Statutes and other applicable lavv. t.82. TI,NIELY UELIV> RY - Time will be of the essenc: for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, widiout obligation, if delivery is not made within the times) 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 th-, goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever costes first, I.84.TRiDE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter t t9, Florida Statutes. An exception may be mad-, for "trade secret,.'. If the response con=tains information that constitutes a "traria secret", till 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 dosignaticn of an item as a trade secret by you may be challen«_d in court by any person. By your dcsianation of material in your Response as a "trade secret" you agree to indenhnify and hold harmless the City fur any ay.,ard to a plaintiff for damages, costs or attorney's fees and for costs and altorney's fees incurred by the City by reason uFan_y tegal action challenging your claim. 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidders)/Proposer(s) nor any of hisncor employees shall perform any work or deliver any goods unles. a change order or purchase order is issued and received by the C=onlracror. The qualifi,-d Bidd;-r(s);Troposer(;) 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. I.86. USE OF NAME - The Cily is not engaged in research for advertising, sales promotion, or ot;tcr publicity purposes. No advertising. sales promotion or other publicity materials containing information Obtained frorn this Solicitation circ to be mentioned, or imply the nantc of the City, without prior express written lxrmissior. ortlte City_ lvfan:tger or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS - For purposes Of solicitrttion evaluation, bidders/proposers amts[ indicate any varia+ ccs From the solicitation specificafions and/or conditions, no matter how,lieht. It variation are not stated on their Responsc, it will be assumed that the product fully complies with the City's spe&.Ications. Page 29 of 40 Invitation for Bid (IFB) 371326,1 2, Special Conditions 2.1. PURPOSE The purpos, of this Solicitation is to establish a contract, for Decontamination, Disinfection and Disposal of Bio -Hazardous Waste, Hydrocarboa or Chemical Spills, as specified herein, from a source(%) of supply that will give prompt and efficient service fishy compliant with die terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST ICOR ADD111ONAL INFORNIATIONiCLARIFICATION Any questions or clari:ications concerning this soli:itaiion %ball be submitted by entail or facsimile to the Purchasing Department, Attn: Richard McLaren. C.P.iM.; fax: (305) 400-5104 or email; rmclaren aniamigov.com. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Wednesday October 1, 2014 at 3:00 PM. All responses to que tions will be sent to all prospective bidders, in the form on an addendum. NO QUESTION'S WILL BE RECEIVED VERBALLY DR AFTER SAIL? DEADLINE. 2.3. TERM OF CONTRACT The Contract slsall coninience. upon the date of notice oraward and shall he effective for two (2) years with the option to extend for two (2) additional one (1) year periods, subject to dto availability of funds for succeeding fiscal years. Continuation of the contract beyond Ilse initial period is a City prerogative; not a bidder's right. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.4. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (l) Continued satisractory perfunnar.ce compliance with the specifications, terms and conditions establislicd liercin and (2) Availability orfunds. 2.5. NON -APPROPRIATION OF FUNKS In die event no finds or insufficient runds 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 Successful Bidder(s) or its assiCnco of inch occurrence, shall have the unqualified right to terminate the contract without any penalty or expenso to die City, No euar:ttitec, warranty or representation is trade that any particular project{s) will be awarded to any firm(s). 2.6. METHOD OIC" AWARD Award of this contract will bu made to the lowest responsive and responsible bidder(s) whose bid(s) offer(s) the Page 30 of 40 Invitation for Bid (IFB) 371326,1 [owes', prices by group. Bidder(s) must bid on all items, as applicable, in a group or be considered non-responsive for that group. - 2.7. FIXED AND FIRM PRICING The Successful Bidder(s) warrant(s) that the General and Special Terms and Conditions and Prices, quoted in this bid will remain fixed and Firm throughout the full term of dic contract including any extension thereof. 2.8. BIDDERS RIiNIhIUM QUALIFICATIONS Bids will be considored only frons 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 rninirnum period of five (5) years; and that have sufficient. financial support, equipment and organization to insure that they can satisfactorily provide the services if awarded a Contract under the terins and conditions herein stated. Bidd:.r shall furnish all equipment, labor, services and rnast,.rials and perform all worse necessary to provide decontammition, remediation, disinfecting ofall types of Bio -Hazardous Waste, Hydrocarbons or Chemical Hazards (Hazinat;I or Spills. Successful Bidder shall respond to incidents such as, but not limited to, hazardous up Materials Clean(Hazrnat), including blood and other biological hazardous waste cleanup, crime scene cleanup and more as decined necesaary by the City of &liami. Specifically provide, but not :iittitcd Io, cleaning, decontamination and disposal services For the following: { 1) auturriubiles (vehicles of all types); (2) traffic accidents; (3) hoinicides, (4) suicides; (S) decompositions; (6) tear gas; (7) roIcnddroppings; (3) hoardersic[utter; (9) fingerprint dusting; (10) hErnanianimal waste/odor; (11) fire damages; (12) water damage and (t 3) hydrocarbon or chemical spills; Bidd.r shall not have; (1) any mcntber, 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 Cir., andiur has failed to perform faithfully ort any previous contract with the City or ('_) any record of pending lawsuits or criminal activities or have ever been declared bankntpt. 2.9. CERTIFICATE REQUIRENH-iVTS,'Cns'NIPLIANCE WITH FEDERAL STANDARDS Page 31 of 40 Invitation for Bid (IFB) 3'?1326,1 Any person, firm, corporation or joint venture who offers a hid, at the time of such bid, shall holt) valid Certificates issued by Occupational Safety and Health Administration (OS.IA) for Blood Borne Pathogens Training, the Bio -Hazardous Medical Waste Transport License and individual proof of receipt of Hepititus shot or Declination Certificate, qualifying said lx:rson(s), f rin, corporation or joint venture to perform the work proposed. Also, any and all requirements from the National lnstitutc of Occuliahonal Safety Ilazards (NIOSII), and the National hire Protection Association (ivFPA). The collection, preservation, delivery, disposat anis retorting of waste an&or samples whether done solely or in part D- y tl.e Successful Bidder(s), its personnol or sub -contractors, must be in accordance with the Department of Environmental Protection Standard Operating Procedures (FDEP SOP) for Field Activities, DEP-SOP-001/0I . Successt'ul I3idder(s) shall remain liable for all of any sub -contractors activities. Perspective bidders for hazardous materials response inrrst be able to demonstrate compliance with OSHA Hazardous Waste Operations anti Emera-ency R_spor.se (IIAZWOPI:R) per Section 1410.120 of OSHA rules. 2. 10, LICENSES, PERMITS AND FEES The bidder(s) shall obtain and pay for all licenses, pennits and inspection fees required for these services; and shall comply +xith all federal, state and/or local laws, ordinances, rules and reg; dations applicable ri the work eontomplated herein. Damages, penalties and or fines imposed on the City or the Successful Bidder(s) for failure to obtain requirced licenss. permits or Fines shall be borne by the Successful Bidder(s). 2.11. RESPOi SE TIME A masiinuin two (2) hour response time is required suhsequcnt to notification of need by authorized City of Miami Police or Fire: Rescue personnel or be subject to Liquidated Damages as reflected in Section 2.21. 2.11. FAILURE TO PERFORM Should Successful Bidder(s) not t•cspond or Fail to perform within timeframe required in Section 2.11. abeve or become non -responsible, the City reserves the right to declare Successfiil Bidder(s) in dufault of the contract and may be subjected to Liquidated Damagcs as reflected in Section 2.21. 2.13. INSURANCE REQI,IIRENIENrS F01Z RI0-I1AZARDO>uS WASI'E CLEA , UP SERVICII.S IN 1)Ei41Nti1FfCATLQN Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of the Contract, including all acts or ones<icns to stet on the part of bidder, Including tiny person performing tinder this Contract for or on bidder's behalf, provided that any such claims, liabiIitics, losses and causes of such action are not attributable to the negligence or misconduct ofthe 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 at misconduct of the City, and from and against all costs, attorneys' fees, expcn,;cs and liabilities incurred in the dof, nsc of any such claim, or the investigation thereof. The bidder shall furnish to the City of Mian}i, c,'o Purchasing Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130; Certificate(;) of Insurance which indicates that insurance coverage has been obtained which reels Page 32 of 40 Invitation for Bid (IFB) 371326,1 the requirements outlined below: 1. Commercial General Liability (Primary &Ikon C'ontribu(ary) 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 S 1,000,000 B. EndorsementsRequu•ed City of Miami included as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability It. Business Automobile Liability A. Liraits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including I tired, Borrowed or Non -Owned Autos Any One Accident S 1,(700,000 B. Bndusemcnts Required City of ivlianti included as an Additional Insurcd Pollution Liability endorsement Page 33 of 40 Invitation for Bid {11`13} 371326, t IIT. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation IV. Employer's Liability A. LimitsofLiability S 100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee 5500,000 for bodily injury caused by disease, policy limit V. Pro fes.sionaliPallution Liability A. Limits of Liability Bodily Injury and Property Dnnsage Liability Each Occurrence 51.000,000 Aggregl►te $1,000,000 The above policies shall provide the City of Miami with written notice of cancellation or materia[ change from the insurer not less than (30) days prior to any such cancellation or material change. Companies authorizer) to do business in the State of Florida, with the following qualifteat imus, shall issue all insurance policies required above: The company niust be rated no less than "A,-" as to manal;emenI. 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, Old}nick, New ,Jersey, or its equivalent. All policies and for certificates of insurance are subject to review and verification by Risk Management prior to Insurance approval. Page 34 of 40 Invitation for Bid (IFB) 371326,1 5.14. NIFTHOD OF PAYNIENT Full payinent will be made upon receipt of invoice and acceptance of a completed cleanup job. No down or partial down payments will be made. 2.15. COMPLETED SERVICES The City shall be notified by the Succes,5ful Bidder upon completion of services performed. The City shall inspect and approve sank before authorizing payment. Services not satisfactorily completed shall be redone by the Successful Bidder at no additional charge to the City. 2.16, RECORD KE MNG As stated in Section 3.6, the Successful Bidder shall prepare and submit a response form, detailing iticident particulars to the requesting City of Miami Department. Response technician and City of Nliami authorized representative at the incident location must sign the form following any cleanup. A copy of the form is to be left With the City of ivliatni authorized representative following cleanup and submit a copy with lite invoice, The Successful Bidder shall retain a record ofall reports, information, receipts and clean up documentation and keep all files confidential. Only authorized City of Miami representative(s) shall have access to all City of Miami files retained by Successful Bidder. 2.17. ADD ITIONSIDELETT ONS OF FACILITIESIITENIS/SERVICI SiSUPPLIER(S) Although this Solicitation identifies specific Facilities/itetnslservices,supplier(s) to be serviced, it is hereby agreed and understood that any facilities/itemslservicesJsupplicr(s) may be added/deleted to/froth this contract at the opt'€on of the City. When an addition to the contract is required, the Successful Bidder(s) under this contract shall be invited to subtuit price quotes for these new fzcilitieslitems!serviccs/supplier(s). If these quotes are comparable with market prices ofrered for similar facilities'itenis'serviccs;�upplicr{ ), 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. 2.1 S. CONTRACT AI)NIINISTR4,TOR(S) Upon award. Successful Biddcr(s) shall report and work directly with Major Keith Cunningham for Police and Chief of Special Operations, Ron Khawly for FirelRescue, who shall be designated as the Contract Administrator For each of their respective departments. 2.i9. SUPERVISION AND AUTHORITY The Successful Bidder shall employ a competent supervisor, at no additional cost to the City, who shall be in charge Page 35 of 40 Invitation for Bid (IFB) 371326,1 of each project assignment and monitor the quality of the worts and performance of Successful Bidder's personnel during the progress ofthe 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 on the Successful Bidder. Notwiths(anding, the supervisor shall be considered, at all times, an employee of the Successful Bidder under its sole direction and not an employee or agent of City ofivGami, The supervisor, at all times, mast either be personally present at the worksite or be represented at the worksite by a responsible a ,:m(s) designated by the Successful Bidder in written notice to the City prior to the beginning of work. Such notification shall include pertinent data such as addresses, phone numbers, etc,, where said agent(3) may be contacted at any time of the day or night. The agcnt(s) shall be clothed with full authority to act for the Successful Bidder in all cases, and to carry out any instructions relative to the wort: given by the City. 2.211.'l1E-Bl D5 Whenever two or more Bids which arc equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-frce 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-fi-ec workplace program, a business shall: (1) publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition; (2) inform employees about the dangers of drug abuse in the workplace, the business policy of maintaining a dn:g-free workplace. any av:nlable 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 (I), - (4) I);(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 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 and (6) make a eood faith effort to continue to mainwin a drug-free workplace through implementation of this section. 2.21. LIQUIDATED DAINIAGES Successful Bidder(s) shall respond to all itzms by the guaranteed reponse time specified by the City in Section 2,11, Response Time, of this Solicitation. If cite Successful Bidder(s) fails to arrive within tlue specified arrival time, it is understood that up to a $150.00 amount of the total invoice price may be deducted, as liquidated damages, for each one (l) hour period beyond the specified arrival time (not to exceed the total amount of the jab), not as a penalty but as compensation for the potential Risk, Health, Safety and Liability exposure to the City. 2,22. USE OF PREMISES Page 36 of 40 Invitation for Bid (IFi3) 371326,1 The Successful Bidder(s) shall confine equipment, apparatus, the storage of materials, and the operation of technicians to the limits indicated by law, ordinances, permits, or direction of the Project lklanager, and shall not unreasonably encumber the premises with the same. The Successful Bidder(s) shall take all treasures necessary to protect its own materials and equipment. 2.23. BANIAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder(s) shall carry out the work widt such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder(s) shall assume the expense and 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 occurred). 2.24. REFERENCES Mach bid must be accompanied by a list of three (3) references as listed in the Header/Attributes Section, which shall include the name of the company, dates of contract, description of goods/scrvices supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.25. SAFETY MEASURES Successful Bidder(s) shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of ti -.e employees and the public. Dan,er signs warning against hazards created by Successful Bidder's operation and work in progress must be posted. All employccs of Successful Bidder(s) shall be expected to wear safety ;lasses or goggles, appropriate clothing, and protective gear when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. Successful Bidder(s) shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed.. 2.26. TERMINATION A. FOR DEFAULT If Successful Bidder defaults in its performance under this Contract and sloes 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 deterinined for any reason that the Successful Bidder was not in default or (2) the Suecesstid Bidder's failure to perforin is without Successful Bidder OV its subcontractor's control, fault or negligence, the termination will be deemed to be a termination for convenience of the City of Mfiami. It. ICOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in ills best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for convenience by the City of khami the Successful Bidder will be compensated in accordance with an Page 37 of 40 Invitation for Bid (IFB) 371326t agreed upon adjustment of oast. To the extent that this Contract is for services and so terminated, the City or iMiami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.27. ADDITIONAL TPRNIS AND CONDITIONS No additional terms and conditions included with the bid response shall be evaluated or considered, and any and all such additional tennis and conditions shall have no force or effect and are inapplicable to this bid. If submitted either purposely, through intent or design, or inadvertently, appearirg separately in transmittal letters, specifications, I iterature, price lists or warranties, it is understood and agreed that the General and Special Conditions in this bid solicitation arc the only conditions applicable to this bid and that the Bidder's authorized signature affixed to the Bidder's acknowledgment forth attests to tho same. 2.23. PREMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agree Capon award or this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder(s) may have with any other cities andtor counties to perforin similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emer;ency impacting various areas during or approximately the same time. Page 38 of 40 Invitation for Bid (IFB) 371326,1 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Bidder shall furnish all equipment, labor, services and materials and perform all work necessary to provide decontamination, remediation, disinfecting of all types of Bio -Hazardous Waste, Hydrocarbon or Chemical Hazards (Hazmat) or Spills. Successful Bidders) shall respond to incidents such as, but not limited to, Hazardous Matcrials Cleanup (Hazmat), including blood and other biological hazardous waste cleanup, crime scene cleanup and more as deemed necessary by the City of Miami. 3.2. DCCOVTA,IMINATION Area to be decontaminated with a broad spectrum of EPA Registeredi'Approved cleansers (i,e. Cavicide) and remediation materials. 3.3. DISPOSAL All contaminated materials will be treated and lawfully disposed of as bio -hazardous (Haztnat) waste as regulated unser Florida Department of Hcalth Chapter 64E-16 F.A.C. Successful Bidder(s) shall provide the City of Miami with a Certificate of Dcstruci:on from the bio -hazard destruction company for all bio -hazardous materials destroyed. 3.4. RESPONSE TIME SneCCSSftll Bidder(s) shall be available to provide services twenty-fuur (24) hours per day, severs (7) days per week. Upon noti cation, Successful Bidder(s) mast be on site within the required two (2) hours. 3.5. DETAILS Contamination areas may include, but are not limited to, the following; police vehicles (interior and exterior), police facilities and perimeters, inclusive of anything within the police racilities (holding cells, floors, ceilings, furniture, walls, countertops and equipment used by the Crime Scene Technicians); and any City of Miami owned public buildin_.as or any other areas which may or may not be publically owned by the City (i.e. hydrocarbon or other spills, fire or water damage, human or animal waste cleanup). 3.6. RECORD isEEPING Tho Successful Bidder(s) shall prepare and submit a response form, detailing incident particulars to the affected City of Miami Dep minent, Response technician and City of Miami authorized representative at the incident location must sign the form following any cleanup. A copy of the forth is to be left with the City of N-fiami authorized representative following cleanup and a copy is to be submitted with the invoice, The Successful Bidder(s) shall retain a record oral] reports, information, receipts and clean up records and keep all Page 39 of 40 Invitation for Bid (IFB) 371326,1 files confidential. Only authorized City of Niiami represcntative(s) shall have access to all City of Miami files retained by Successful Bidder(s), 3.7. GROUPS A. GROUP I: Bio -Hazardous Cleanup Services- Decontamination, Remediation and Disinfection of all Bio -Hazardous Waste, Hydrocarbon or Chemical hazards (Hazmat) or Spills shall be billed based upon the following requirements: The following incidents arc considered "normal" and will be set at a flat fee for one (1) hour maximum billing: a. Police Vehicle Cleanup; b. Police Interview Room Cleanup and c. Company will provide cleanup of all surfaces that are contaminated with blood borne pathogens, semen and vaginal andl'oe otter secretions tl>at might contain these fluids such as saliva, vomit, urine or feces of a significant quantity or size. Normal-11azanat Cleanup- Oil/gasoline spills: Hazardous material is any product that, when released from its container, is likely to cause dcath or serious injury. Generally the hazardous material is a liq=.iid form however this does not preclude other fonns such as gases. B. GROUP 2; Any time that the Successful Bidder(s) Ware dispatched to a trauma scon.or any other scene on City owned public properly, will be charged at an established two (2) hour maximum flat fee for Decontamination, Remediation and Disinfection of al I Bio -Hazardous Wasw, Hydrocarbon or Chomical Hazards (Hazmat) or Spills shall be billed based upon the i'ollowing rcquircments� a. A two (2) crew member teas: of Biohazard or Hazmat Remediation Technicians, as required; b. Up to two (3) hours labor; c. All transportation is included in rate; d. Up to two (2), thirty-five (35) gallon Bio-Hazard,,Hazmat boxes including lawful disposal; e. Lawful Disposal of up to ninty-six (96) gallons of liquid Bio-Hazardi'Hazmat waste and f. Basic supplies for cleaning and remediation including personal protective equipment (PPE), Hazmat materials, red bags, chemicals, etc. C. GROUP 3: Any scene involving more time, beyond the two (2) hour flat fee For Decontamination, Rcmediation and Disinfection of all Bio -Hazardous Wastc, I•[ydrocarbon or Chemical Hazards (llazmat) or Spills shall be billed based upon the following requirements will be billed additionally as determined below: a. hourly Rate Pcr Technician; b, Rate per additional thirty-five (33) gallon Bio-}iazard/Flazmat box including lawful disposal and c. Flat rate per additional ninty-six (96) gallon liquid Bio-Hazard?Hazmat container including lawful disposal. D. GROUP 4: All-inclusive cost for Pressure Cleaning an existing inlctlmanholes impacted by illegal spill as indicated by Public Works Engineer (i.e. such as motorcar oibtransmission spills, household paint. anti -freeze, grease, cooking oil, etc.) Page 40 of 40