HomeMy WebLinkAboutInvitation For BidIFBNumber:
Title:
Issue Date/Time:.
IFBClosing Date/Time:
Pre-Bid/Pre-Proposal Conference:
Pre-Bid/Pre-Proposal Date/Time:
Pre-Bid/Pre-Proposal Location:
City of Miami
Invitation for Bid (IFB)
Deadline for Request for Clarification:
Contracting Officer:
Hard Copy Submittal Location:
Contracting Officer E -Mail Address:
Contracting Officer Facsimile:
Procurement Department
Miami Riverside Center
444 SW 2nd Avenue, 61h Floor
Miami, Florida 33130
Web Site Address: www. miamigov.comlgrocuremeni
693382
IFB for Boat Maintenance, Repairs,
Parts, and Related Marine Service -
Citywide
16 -MAY -2017
06/01/2017 @ 15:00:00
None
Wednesday, May 24, 2017 at 3:00 PM
Falcon, Eduardo
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
efalcon@miamigov.com
305-400-5390
Page 1 of 49
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (1) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.S. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (1) certify that any and all information contained in this submission is true, and we (1) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (1) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
PROPOSER NAME:
ADDRESS:.
PHONE:
EMAIL:
SIGNED BY:
TITLE:
FAX:
CELL(Optional):
DATE:
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS
Ila 16Tt l
Page 2 of 49
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
FEIIEIN Number
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Business Tax Receipt/Occupational License Number:
Business Tax Receipt/Occupational License Issuing Agency:
Business Tax Receipt/Occupational License Expiration Date:
Will Subcontractor(s) be used? (Yes or No)
If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will
be responsible for under this contract (a copy of their license(s) must be submitted with your bid
response):
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
date of receipt (i,e. Addendum No. 1, 7/1/47). If no addendurn/addenda was/were issued, please insert
N/A.
If Bidder has a Local Office, as defined under Chapter 18/Articlle 111, Section 18-73 of the City Code,
has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office
Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the
Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this
solicitation)
Page 3 of 49
Acknowledge that References were provided for each group for which responses were submitted. YES
/NO
Acknowledge that Certifications for factory certified technicians were submitted (If Applicable). YES /
NO
Page 4 of 49
Line: 1
Description: Group 1: Labor (with all farts at pass through cost)
Line: 1.1
Description: Iveco Engines: Maintenance and Repair
(*= for informational purposes only)
Category: 95924-00
Unit of Measure: Hour
Unit Price: $
Service Call Charge (If Any)
*Warranty on Labor (number
of days)
*Warranty on Parts (number of
days)
Line: 1.2
Number of Units: 1 Total: $
Description: Yamaha Engines: Maintenance and Repair
(*= for informational purposes only)
Category: 9592400
Unit of Measure: Hour
Unit Price: $
Service Call Charge (If Any)
*Warranty on Labor (number
of days)
*Warranty on Parts (number of
days)
Line: 1.3
Nurnber of Units: 1 Total: $
Description: Mercury Engines: Maintenance and Repair
(*= for informational purposes only)
Category: 95924-00
Unit of Measure: Hour
Unit Price: $ Number of Units: 1 Total: $
Page 5 of 49
Service Call Charge (If Any)
*Warranty on Labor (number
of days)
*Warranty on Parts (number of
days)
Line: 1.4
Description: Hamilton Jet Drive: Maintenance and Repair
(*= for informational purposes only)
Category: 95924-00
Unit of Measure: Hour
Unit Price: $ Number of Units: 1 Total: $
Service Call Charge (If Any)
*Warranty on Labor (number
of days)
*Warranty on Parts (number of
days)
Line: 1.5
Description: 'twin Disc Transmission: Maintenance and Repair
(*= for informational purposes only)
Category: 95924-00
Unit of Measure: Hour
Unit Price: $ Number of Units: 1 Total: $
Service Call Charge (If Any)
*Warranty on Labor- (number
of days)
*Warranty on Parts (number of
days)
Line: 1.6
Description: Blue Arrow Control Systems: Maintenance and Repair
(*= for informational purposes only)
Page 6 of 49
Category: 95924-00
Unit of Measure: Hour
Unit Price: $ Number of Units: 1 Total: $
Service Call Charge (If Any)
*Warranty on Labor (number
of days)
*Warranty on Parts (number of
days)
Line: 1.7
Description: Onan Generator: Maintenance and Repair
(*= for informational purposes only)
Category: 95924-00
Unit of Measure: Hour
Unit Price: $ Number of Units: 1 Total: $
Service Call Charge (If Any)
*Warranty on Labor (number
of days)
*Warranty on Parts (number of
days)
Line: 1.8
Description: Marine Electronic Repairs (e.g., GPS, navigation, radar, antenna, speakers etc.)
(*= for informational purposes only)
Category: 95924-00
Unit of Measure: Hour
Unit Price: $ Number of Units: 1 Total: $
Service Call Charge (If Any)
*Warranty on Labor (number
of days)
*Warranty on Parts (number of
days)
Page 7 of 49
Line: 2
Description: Group 2: 100 -Hour Service Interval: Maintenance inspections on the engines
(inclusive of all parts and labor)
Line: 2.1
Description: Yamaha Engine
(*= for informational purposes only)
Category: 95924-00
Unit of Measure: Each
Unit Price: $ Number of Units: 1 Total: $
Warranty on Labor
*Warranty on Labor (number
of days)
*Warranty on Parts (number of
days)
Line: 2.2
Description: Mercury Engine
(*= for informational purposes only)
Category: 95924-00
Unit of Measure: Each
Unit Price: $ Number of Units: 1 Total: $
Warranty on Labor
*Warranty on Labor (number
of days)
*Warranty on Parts (number of
days)
Line: 3
Description: Group 3: Parts only Minimum Percent Discount Off Parts Catalog (List Catalogs)
Line: 3.1
Description: Minimum Percent Discount Off Manufacturers List Price Catalog for Iveco Engines
(express as a decimal, i.e. 15% discount =.15)
Page 8 of 49
Category: 95924-00
Unit of Measure: Each
Unit Price: $
Line: 3.2
Number of Units: 1 Total $
Description: Minimum Percent Discount Off Manufacturers List Price Catalog for Yamaha
Engines
(express as a decimal, i.e. 15% discount =.15)
Category: 95924-00
Unit of Measure: Each
Unit Price: $ Number of Units: I Total: $
Line: 3.3
Description: Minimum Percent Discount Off Manufacturers List Price Catalog for Mercury
Engines
(express as a decimal, i.e. 15% discount =.15)
Category: 95924-00
Unit of Measure: Each
Unit Price: $ Number of Units: I Total: $
Line: 3.4
Description: Minimum Percent Discount Off Manufacturers List Price Catalog for Hamilton ,let
(express as a decimal, i.e. 15% discount =.15)
Category: 95924-00
Unit of Measure: Each
Unit Pace: $ Number of Units: 1 Total: $
Line: 3.5
Description: Minimum Percent Discount Off Manufacturers List Price Catalog for Twin Disc
Transmission
(express as a decimal, i.e. 15% discount= .15)
Page 9 of 49
Category: 95924-00
Unit of Measure: Each
Unit Price: $ Number of Units: 1 Total:
Line: 3.6
Description: Minimum Percent Discount Off Manufacturers List Price Catalog for Blue Arrow
Control Systems
(express as a decimal, i.e. 15% discount =.15)
Category: 95924-00
Unit of Measure: Each
Unit Price: $ Number of Units: 1 Total: $
Line: 3.7
Description: IMinimum Percent Discount Off Manufacturers List Price Catalog for Onan
Generator
(express as a decimal, i.e. 15% discount =.15)
Category: 95924-00
Unit of Measure: Each
Unit Price: $ Number of Units: 1 Total: $
Line: 3.$
Description: Minimum Percent Discount Off Manufacturers List Price Catalog not listed above
(express as a decimal, i.e. 15% discount =.15)
Category: 95924-00
Unit of Measure: Each
Unit Price: $ Number of Units: 1 Total: $
Name of Manufacturer Catalog
Line: 4
Description: Group 4: Fiberglass/Aluminum Boat Hull Repair (with Parts at pass through cost)
Page 10 of 49
Line: 4.1
Description: Boat Hull Repair: Fiberglass
(*= for informational purposes only)
Category: 95924-00
Unit of Measure: Hour
Unit Price: $ Number of Units: 1 Total: $
Service Call Charge (If Any)
*Warranty on Labor (number
of days)
*Warranty on Parts (number of
days)
Line: 4.2
Description: Boat Hull Repair: Aluminum
(*= for informational purposes only)
Category: 95924-00
Unit of Measure: Hour
Unit Price: $ Number of Units: 1 Total: $
Service Call Charge (If Any)
*Warranty on Labor (number
of days)
*Warranty on Parts (number of
days)
Line: 5
Description: Group 5: Haul -Out Hurricane Plan
Line: 5.1
Description: Cost to haul out thirty-five foot (35') Martin boat and release back into water
Category: 95924-00
Unit of Measure: Each
Page 11 of 49
Unit Price: $ Number of Units: 1 Total: $
Line: 5.2
Description: Daily cost to store thirty-five foot (35') Marlin boat
Category: 95924-00
Unit of Measure: Each
Unit Price: $
Number of Units: 1
Total: $
Line: 5.3
Description: Cost to Haul -Out forty-eight foot (48') Fireboat and release back into water
Category: 95924-00
Unit of Measure: Each
Unit Price: $
Number of Units: 1
Line: 5.4
Description: Daily cost to store forty-eight foot (48') Fireboat
Category: 95924-00
Unit of Measure: Each
Unit Price: $
Line: 5.5
Number of Units: 1
Total: $
Total: $
Description: Cost to haul out fifty-one foot (51') Houseboat and release back into water
Category: 95924-00
Unit of Measure: Each
Unit Price: $
Number of Units: 1 Total: $
Page 12 of 49
Line: 5.6
Description: Daily cost to store fifty-one foot (51') Houseboat
Category: 95924-00
Unit of Measure: Each
Unit Price: $ Number of Units: 1 Total: $
Page 13 of 49
Invitation for Bid (IFB) 693382
Table of Contents
Termsand Conditions....................................................................................................................................................15
1. General Conditions........................................................................................................... ..................15
1.1. GENERAL TERMS AND CONDITIONS...........................................................................................15
2. Special Conditions...........................................................................................................................................37
2.1. PURPOSE.............................................................................................................................................37
2.2. PRE-BID/PRE-PROPOSAL CONFERENCE......................................................................................37
2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION..................................................................,........................................37
2.4. BIDDERS MINIMUM QUALIFICATIONS..............................................._......................................,37
2.5. CITY OF MIAMI LIVING WAGE ORDINANCE.............................................................................38
2.6. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED...........................................................38
2.7. METHOD OF AWARD........................................................................................................................38
2.8. HOURLY LABOR RATE....................................................................................................................39
2.9. TERM OF CONTRACT.......................................................................................................................39
2.10. CONDITIONS FOR RENEWAL.......................................................................................................39
2.11. TIE BIDS..............................................................................................................................................39
2.12. REFERENCES....................................................................................................................................40
2.13. INSURANCE REQUIREMENTS ................... ........................................... ............... ,............. ...........
40
2.14. PROJECT MANAGERS.....................................................................................................................41
2.15. FAILURE TO PERFORM..................................................................................................................42
2.16. DAMAGES TO PUBLIC/PRIVATE PROPERTY.............................................................................42
2.17. RESPONSE TIME..............................................................................................................................42
2.18. USE OF PREMISES...........................................................................................................................42
2.19. DELIVERY.........................................................................................................................................42
2.20, LIQUIDATED DAMAGES................................................................................................................42
2.21. WARRANTY......................................................................................................................................42
2.22. EQUAL PRODUCT............................................................................................................................43
2.23. QUALITY AND MANUFACTURE..................................................................................................43
2.24. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY ........,.43
2.25. METHOD OF PAYMENT.................................................................................................................44
2.26. PASS THROUGH COST FOR PARTS..............................................................................................44
2.27. SPECIFICATION EXCEPTIONS......................................................................................................44
2.28. PRIMARY CLIENT (FIRST PRIORITY)..........................................................................................44
2.29. ADDITIONSMELETIONS OF FACILITIESNESSELS/PRODUCTS/SERVICES/SUPPLIERS
,
44
2.30. NON -APPROPRIATION OF FUNDS...............................................................................................45
2.31. TERMINATION.................................................................................................................................45
2.32, ADDITIONAL TERMS AND CONDITIONS...................................................................................45
Specifications..................................................................................................................................................46
3.1. SPECIFICATIONS/SCOPE OF WORK..............................................................................................46
Page 14 of 49
Invitation for Bid (IFB) 693382
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services
with an estimated aggregate cost of $25,000.00 or more.
Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for
Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida
Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal
solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the
good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be
fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the
City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order
upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be
considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the
City of a purchase order.
1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of
after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the
event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a
written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer
who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time
contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal
solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in
any or all responses and may, at its discretion, re -issue this formal solicitation.
1.4. ADDENDA — It is the bidder's/praposer's responsibility to ensure receipt of all Addenda. Addenda are available
at the City's website at: http.//www.ci.miami.fl.us/procurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response
from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate response offers a
different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an
alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate
Response", Alternate response shall be placed in the same response. This provision only applies to formal
solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of
the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this
Contract, each party shall bear their own attorney's fees through and including appellate litigation and any
Page 15 of 49
Invitation for Bid (IFB) 693382
post -,judgment proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide
access at all reasonable times to the City, or to any of its duly authorized representatives, to any books,
documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the
purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain
and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3)
years after the City makes final payment and all other pending matters are closed. Contractor's failure to or
refusal to comply with this condition shall result in the immediate cancellation of this contract by the City.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not-for-profit or
quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established
herein, when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not-for-profit or quasi -governmental entity which uses this formal solicitation and
resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its
own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue
its own exemption certificates as required by the successful bidder(s)/proposer(s).
1. 10. AWARD OF CONTRACT;
A. The Formal Solicitation, Bidder's/Prop oser's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement,
amendment or addenda.
B. The award of a contract where there are Tie Bids will he decided by the Director of Purchasing or
designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to
Businesses with Drug -Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as
specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its
contractual obligation if such documents are not submitted in a timely manner and in the form required by
the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action
taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may
accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to
the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution
from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or
increased costs sustained as a result of the Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the
successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or
contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120)
calendar days beyond the stated contract term in order to provide City departments with continual service
and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the
City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms
and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120)
day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such
extensions.
Page 16 of 49
Invitation for Bid (IFB) 693382
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon
completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or
such combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the
minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves
the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined
to be in the City's best interests. Such agreement will be furnished by the City, will contain certain terms as
are in the City's best interests, and will be subject to approval as to legal form by the City Attorney.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized
surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the
amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check
or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it
is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award
contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the
right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful
bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of
award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has
been awarded, all bid deposits will be returned on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted
accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or
file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the
annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be
considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may
be rejected.
1.14. BRAND NAVIES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of
establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When
the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added.
When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete
sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to
evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality
and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if
the proposed brand is other than specified by the City. Such samples are to be furnished after formal
solicitation opening/closing only upon request of the City. If samples should be requested, such samples must
be received by the City no later than seven (7) calendar days after a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its
opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all
prospective bidders/proposers and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm
Page I7 of 49
Invitation for Bid (IFB) 693382
makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business
risk which the contractor must assume. The City will not be obligated to reimburse amortized or
unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not
have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be
liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any
other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or
other legal or equitable proceedings or on account of any delay for any cause over which the City has no
control.
1.18. COLLUSION — Bidder/Proposer, by submitting a response, certifies that its response is made without
previous understanding, agreement or connection either with any person, firm or corporation submitting a
response for the same items/services or with the City of !Miami's Purchasing Department or initiating
department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other
illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of
Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City
reserves the right to reject any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that
contracts between private entities and local governments are subject to certain laws and regulations,
including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor
agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the
goods or equipment offered, including but not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because
of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment
practices, rate of pay or other compensation methods, and training selection.
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H. National Forest Products Association (NEPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation.
Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a
Page 18 of 49
Invitation for Bid (IFB) 693382
condition precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility.
Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for
termination of contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is
imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City
Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be
applicable only to Contracts for the provision of goods and services and public works or improvements for
amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs,
RFLI or IFBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff
including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City
Commissioners, or their respective staffs and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
oral communications with the City purchasing staff, provided the communication is Iimited strictly to
matters of process or procedure already contained in the formal solicitation document; the provisions of the
Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or
pre-bid conferences, oral presentations before selectionlevaluation committees, contract negotiations during
any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly
noticed public meeting; or communications in writing or by email at any time with any City employee, official
or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB
(bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the
collection of industry comments or the performance of market research regarding a particular RFP, RFQ,
RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which
shall be made available to any person upon request. The City shall respond in writing and file a copy with the
Office of the City Clerk, which shall be made available to any person upon request. Written communications
may be in the form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder
shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, Iobbyist
or consultant shall subject same to potential penalties pursuant to the City Code. Any person having
personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or
may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the
City of Miami Code for further clarification.
This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami
Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City
Clerk at 305-250-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine
Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no
application when disclosure is required by Florida law or upon court order.
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1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that
to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is
financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal
Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in
writing to the City. Further, you must disclose the name of any City employee who owns, directly or
indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm.
A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource
which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or
exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not
available to members of the general public and gained by reason of his/her/its position, except for information
relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain
or benefit of any other person or business entity.
B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business
with the City or any person or agency acting for the City, and has not appeared in representation of any third
party before any board, commission or agency of the City within the past two years. Bidder/Proposer further
warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i)
any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or
agency of the City.
C. A violation of this section may subject the Bidder/Proposer to immediate termination of any
professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed
by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County
Commission on Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of
copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or
services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless
from any and all liability, loss, or expense occasioned by any such violation.
1.21. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and
submission of Responses to the City, or any work performed in connection therewith shall be borne by the
Bidder(s)/Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (See 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective
Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after
consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a
Contractual Party, for the causes listed below, from consideration for award of city Contracts. The
debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority
to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for
debarment, pending the debarment determination. The authority to debar and suspend contractors shall be
exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after
approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to
obtain a public or private Contract or subcontract, or incident to the performance of such Contract
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or subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, or any other offense indicating a
lack of business integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits
provided in a Contract, provided that failure to perform caused by acts beyond the control of a
party shall not be considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other
governmental entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which a civil penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(e) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a
certification that neither the Contractual Party nor any of its principal owners or personnel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall
render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be
provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief.
1.26. DEBARRED/SUSPENDED VENDORS --An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction
or repair of a public building or public work, may not submit response on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which
shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish
required documents, and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the
Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays
excluded) to remedy the default. Failure on the contractor's part to correct the default within the required
three (3) days shall result in the Contract being terminated and upon the City notifying in writing the
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contractor of its intentions and the effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the
time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the
degree specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure
timely completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or
making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the
successful Bidder/Proposer incapable of performing the work in accordance with and as required by the
Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits
stated, together with the cost of completing the work, shall be deducted from any monies due or which may
become due on this Contract.
1.23. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is
responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one
which follows the requirements of the formal solicitation, includes all documentation, is submitted in the
format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required
on each document. Failure to comply with these requirements may deem a Response non-responsive.
1.29. DISCOUNTS OFFERED DURING TERNI OF CONTRACT - Discount Prices offered in the response
shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and
Conditions. Price discounts off the original prices quoted in the response will be accepted from successful
Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum
of 120 days from approval by the City Commission Any discounts offered by a manufacturer to
Bidder/Proposer will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the
Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department.
Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will
become part of the purchase agreement (contract documents). The City will not be responsible for any oral
instructions, clarifications, or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence
to the following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
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1.31. EMERGENCY 1 DISASTER PERFORMANCE - In the event of a hurricane or other emergency or
disaster situation, the successful vendor shall provide the City with the commodities/services defined within
the scope of this formal solicitation at the price contained within vendor's response. Further, successful
vendor shall deliver/perform for the city on a priority basis during such times of emergency.
1.32, ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City
of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and
any written agreement entered into by the City of Miami and Contractor in eases involving RFPs, RFQs, and
RFLIs, and represents the entire understanding and agreement between the parties with respect to the
subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made
by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of
the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and
then the Response shall control. This Contract may be modified only by a written agreement signed by the
City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES — Estimated quantities or estimated dollars are provided for your
guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The City is not obligated to place an order for any given amount subsequent to the award of
this contract. Said estimates may be used by the City for purposes of determining the low bidder or most
advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at
the prices bid/proposed or at Iower prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
A. Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates or conceals any material fact in the Response ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may
reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest
of the City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or
contract, or which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and
conditions of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance
with the City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
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1) Responses will only be considered from entities who are regularly engaged in the business of providing
the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to
demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material,
equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms
"equipment and organization" as used herein shall be construed to mean a fully equipped and well established
entity in line with the best industry practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications
and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other
governmental entity in making the award.
3) The City may require the Bidders)/Proposer(s) to show proof that they have been designated as an
authorized representative of a manufacturer or supplier which is the actual source of supply, if required by
the Formal Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions
to the General or Special Conditions shall be cause for the bid (IFB) to be considered non-responsive. It also
may be cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if exceptions are taken to the
terms and conditions of the resulting agreement it may lead to terminating negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices
quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery
costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation.
Failure to do so may be cause for rejection of bid/proposal.
1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its
response will be firm throughout the duration of the contract unless otherwise specified in the Formal
Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or
contracts, which are to be performed or supplied over a period of time.
1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-110)
(a) The Commission approves implementation of the first -source hiring agreement policy and requires as
a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and
loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring
agreements between the organization or individual receiving said contract and the authorized representative
unless such an agreement is found infeasible by the city manager and such finding approved by the City
Commission at a public hearing.
(b) For the purpose of this section, the following terms, phrases, words and their derivations shall have
the following meanings:
Authorized representative means the Private Industry Council of South Florida/South Florida Employment
and Training Consortium, or its successor as local recipient of federal and state training and employment
funds.
Facilities means all publicly financed projects, including but without limitation, unified development
projects, municipal public works, and municipal improvements to the extent they are financed through public
money services or the use of publicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG), economic
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development agency construction loans, loans from Miami Capital Development, Incorporated, and all
federal and state grants administered by the city.
Service contracts means contracts for the procurement of services by the city which include professional
services.
Services includes, without limitation, public works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
(c) The authorized representative shall negotiate each first -source hiring agreement.
(d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city
training and employment programs, and other residents of the city.
1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states
that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida.
Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this
Florida constitutional minimum wage requirement and pay its employees the current established hourly
minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price
index for urban wage earners and clerical workers, CPI -W, or a successor index as calculated by the United
States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and
published by the Agency Workforce Innovation on September 30th of each year and take effect on the
following January 1st.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility
to determine whether any of its employees may be impacted by this Florida Law at any given point in time
during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job
descriptiou(s), and current pay rate(s). Failure to submit this information at the time of submitting a
response constitute successful bidder'sfproposer's acknowledgement and understanding that the Florida
Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any
contractual price increase request(s). The City reserves the right to request and successful bidder/proposer
must provide for any and all information to make a wage and contractual price increase(s) determination.
1.40. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the
laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this
Contract shall take place in Miami -Dade County, Florida.
1.41. HEADCNGS AND TERNIS - The headings to the various paragraphs of this Contract have been
inserted for convenient reference only and shall not in any manner be construed as modifying, amending or
affecting in any way the expressed terms and provisions hereof.
1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (H1PPA) - Any person or
entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of
"individually identifiable health information (11HI) and/or Protected Health Information (PHI) shall comply
with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami
Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include
but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
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C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to
the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making PINI available to the customer for review and amendment; and incorporating any amendments
requested by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for
compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper records,
and/or electronic transfer of data), The Bidder/ Proposer must give its customers written notice of its privacy
information practices including specifically, a description of the types of uses and disclosures that would be
made with protected health information.
1.43. INDEMNIFICATION - Contractor shall indemnify, hold harmless and defend the City, its officials,
officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not
limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional
wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of
this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors
and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting
from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent.
These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is
brought against City by reason of any such claim or demand, Contractor shall, upon written notice from
City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly
understands and agrees that any insurance protection required by this Contract or otherwise provided by
Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City
or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend at its own expense to and through
appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and
all claims of liability and all suits and actions of every name and description which may be brought against
City whether performed by Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted
under the laws of the State of Florida, including without limitation and which conforms to the limitations of
§725.06 and/or §725.48, Fla. Statues, as amended from time to time as applicable.
Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the
City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims
which may result from any actions or omissions of the Contractor in which the City participated either
through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any
submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any
responsibility or liability of the Contractor or Sub -Contractor, under this Agreement.
1.44. INFORMATION AND DESCRIPTIVE LITERATURE — Bidders/Proposer must furnish all
information requested in the spaces provided in the Formal Solicitation. Further, as may be specified
elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical
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specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference
to literature submitted with a previous response or on file with the Buyer will not satisfy this provision.
1.45. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods
and/or services required to be provided by the Contractor under this Contract conform to the terms and
conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and
assistance to facilitate the performance of tests or inspections by City representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance
No. 12271 (Section 18-79), as same may be amended or supplemented from time to time.
1.46. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will
not be made available until such time as the City provides notice of a decision or intended decision or within
10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished
upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are
available on the City's Web Site following recommendation for award.
1.47. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall
furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage
shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "insurance
Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance
certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the
Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to
submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents
in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award,
the contractor shall be in default of the contractual terms and conditions and shall not be awarded the
contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future
responses to the City. Information regarding any insurance requirements shall be directed to the Risk
Administrator, Department of Disk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130,
305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction
with this Section remain in effect for the duration of the contractual period; including any and all option
terms that may be granted to the Bidder/Proposer.
1.48. INVOICES - Invoices shall contain purchase order number and details of goods and/or services
delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida
Statutes (Prompt Payment Act).
1.49. LOCAL PREFERENCE
A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest
bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local
office, as defined in Section 18-73, is within fifteen percent (15%n) of the price submitted by the non -local
bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall
have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid
previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive,
responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid
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between a local bidder and a non -local bidder, contract award shall be made to the local bidder."
B. City Code Section 18-86, states, "the RPP, RFLI or RFQ, as applicable, may, in the exercise of the
reasonable professional discretion of the City Manager, director of the using agency, and the Chief
Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a
local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of
proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable;
otherwise, it will not apply.
1.50. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from
bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal.
Failure to provide such certification may result in the rejection of bidlproposal or termination of
contractlagreement, for which the bidder/proposer must bear full liability.
1.51. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or
understanding to modify this Format Solicitation and resultant purchase orders or contracts, if applicable,
shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami,
Florida through the issuance of a change order, addendum, amendment, or supplement to the contract,
purchase order or award sheet as appropriate.
1.52. NO PARTNERSHIP OR JOINT VEN'T'URE - Nothing contained in this Contract will be deemed or
construed to create a partnership or joint venture between the City of Miami and Contractor, or to create
any other similar relationship between the parties.
1.53. NONCONFORINIANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with
specifications under the direction of the Florida Department of Agriculture and Consumer Services or by
other appropriate testing Laboratories as determined by the City. The data derived from any test for
compliance with specifications is public record and open to examination thereto in accordance with Chapter
114, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at
Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response
and/or Purchase Order may result in bidder/proposer being found in default in which event any and all
re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations
may also result in the supplier's name being removed from the City of Miami's Supplier's list.
1.54, NONDISCRIM[NATION — Bidder/Proposer agrees that it shall not discriminate as to race, sex, color,
age, religion, national origin, marital status, or disability in connection with its performance under this
formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely
by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded
from the participation in, be denied benefits of, or be subjected to, discrimination under any program or
activity.
In connection with the conduct of its business, including performance of services and employment of
personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion,
disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be
afforded equal opportunity for employment.
1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best
interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for
these herein goods and/or services, and to make use of other competitively bid (governmental)
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contracts, agreements, or other similar sources for the purchase of these goods and/or services as may he
available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the
successful bidders)/proposer(s) to receive all orders that may be generated by the City in conjunction with
this Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with
construction projects are solicited under a distinctly different solicitation process and shall not be purchased
under the terms, conditions and awards rendered under this solicitation, unless such purchases are
determined to be in the best interest of the City.
156. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location
in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's
Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami
Charter. Others with a location outside the City of IvIlami shall meet their local Occupational License Tax
requirements. A copy of the license must be submitted with the response; however, the City may at its soie
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.
1.57. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint
venture 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".
1.58. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents,
records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer
pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by
the Bidder/Proposer for any other purposes whatsoever without the written consent of the City.
1.59. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or
circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of
such provision to persons or circumstances other than those as to which it is held invalid shall not be affected
thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law.
1.60. PERFOXVIANCE/PAYMENT BOND —A Contractor may be required to furnish a
Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred
percent (100%) of the contract price.
1.61. PREPARATION OF RESPONSES (HARDCOPY FORiNIAT) — Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All
bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink.
Failure to do so will be at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The
Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address,
and telephone number on the face page and on each continuation sheet thereof on which he/she makes an
entry, as required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging,
handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified.
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Bidder/Proposer shall include in the response all tares, insurance, social security, workmen's compensation,
and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price
shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price
shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the
unit price and extended price, the unit price will be presumed correct.
C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or
services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in
ink with the firm's name and by an officer or employee having authority to bind the company or firm by
his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person
signing the response or the response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the
Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS,
UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED
TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE.
1.62. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason
of market change or on the part of the contractor to other customers shall be passed on to the City of Miami.
1.63. 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 authorized representative(s) to supply a substitute product at the awarded price or lower, provided
that a sample is approved in advance of delivery and that the new product meets or exceeds all quality
requirements.
1.64. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company
employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to
pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
connection with, the award of this Contract.
1.65. PROMPT PAYMENT — Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the
percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is
understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final
acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of
delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is
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necessary due to damage, the cash discount period shall commence on the date final approval for payment is
authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash
discount, the City is entitled to a cash discount with the period commencing on the date it is determined by
the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful
bidders/proposers during the term of the contract.
1.66. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such
property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City
of Miami. Damages to such property occurring while in the possession of the Contractor shall be the
responsibility of the Contractor. Damages occurring to such property while in route to the City of Miaml
shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total
loss, the Contractor shall be responsible for replacement value of the property at the current market value,
less depreciation of the property, if any.
1.67. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all
covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any goods
or services to a public entity, may not submit a response on a contract with a public entity for the
construction or repair of a public building or public work, may not submit responses on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
1.69. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable
times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter
119, Florida Statutes, and City of Miami Code, Section 18, Article 111, and agrees to allow access by the City
and the public to all documents subject to disclosure under applicable law. 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.
1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials
used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation
shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the
highest grade of workmanship, unless as otherwise specified in this Solicitation.
1.71. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and
workmanship. Materials furnished to complete the service shall be new and of the highest quality except as
otherwise specified in this Solicitation.
1.72. REMEDIES PRIOR TO AWARD (Sec. 18-1.06) - If prior to Contract award it is determined that a
formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be
cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable,
or revised to comply with the law.
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1.73. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city
attorney, shall have the authority to resolve controversies between the Contractual Party and the city which
arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater
than $25,000, the City Commission must approve the City Manager's decision. Such authority extends,
without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of
complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City
Manager.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall
promptly render a written report stating the reasons for the action taken by the City Commission or the City
Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the
protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting
party shall not be entitled to such judicial relief without first having followed the procedure set forth in this
section.
1.74. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and
awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not
exceed $25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1. Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the
Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or
Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a
protest is considered fled when received by the Chief Procurement Officer; or
ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest
to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief
Procurement 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 Manager's recommendation for award of Contract,
which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current
Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's
recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of
Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the
Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to
obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the
website daily after responses are submitted to receive the notice; or
ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder
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may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the
Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's
determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be
confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent
to file a protest is considered filed when received by the Chief Procurement Officer.
W. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer
within five (5) days after the date the notice of protest was filed. A written protest is considered filed when
received by the Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
assigning points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the
solicitation or the award is based, and shall include all pertinent documents and evidence and shall be
accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of
the written protest and no facts, grounds, documentation or evidence not contained in the protester's
submission to the Chief Procurement Officer at the time of tiling the protest shall be permitted in the
consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed or
allowed by this section, the day of the act, event or default from which the designated period of time begins to
run shall not he included. The last day of the period so computed shall be included unless it is a Saturday,
Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a
Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in
the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the
approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief
Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting
party and shall submit said decision to the City Commission within 30 days after he/she receives the protest.
In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for
approval or disapproval thereof to the City Commission after a favorable recommendation by the city
attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a
protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the
Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of
such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek
judicial relief without first having followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the
requirements of this section, the city shall not proceed further with the solicitation or with the award of the
Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided
in subsection (b) above, unless the City Manager makes a written determination that the solicitation process
or the Contract award must be continued without delay in order to avoid an immediate and serious danger to
the public health, safety or welfare.
(c) Costs. All costs accruing from a protest shall be assumed by the protestor.
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(f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed
Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may
be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the
Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the
protestor less any costs assessed under subsection (e) above. If the protest is denied, the tiling fee shall be
forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection
(e) above,
1.75. SAMPLES - Samples of items, when required, must be submitted within the time specified at no
expense to the City. If not destroyed by testing, bidders)/proposer(s) will be notified to remove samples, at
their expense, within 30 days after notification. Failure to remove the samples will result in the samples
becoming the property of the City.
1.76. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell,
assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or
assign any portion of the performance required by this contract, except under and by virtue of written
permission granted by the City through the proper officials, which may be withheld or conditioned, in the
City's sole discretion.
1.77. SERVICE AND WARRANTY — When specified, the bidder/proposer shall define all warranty, service
and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent
warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be
submitted with your response.
1.78. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental
specification as to any detail or the omission from it of detailed description concerning any point shall be
regarded as meaning that only the best commercial practices are to prevail and that only materials of first
quality and correct type, size and design are to be used. All workmanship and services is to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department of General Services, to supply the
items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply
with this request will result in disqualification of bid/proposal.
1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the
Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan
American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in
the IFB, RFP, RFiQ, 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 responses received at any other location than the specified shall
be deemed non-responsive.
Directions to City Hall:
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FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO USI. USI SOUTH TO 27TH AVE., TURN
LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK
TURIN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR.
PARKING IS ON RIGHT.
FROM THE SOUTH: USI NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3111) TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN
DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and
strictly the responsibility of BidderlProposer, The City of Miami is not responsible for delays caused by the
United States mail delivery or caused by any other occurrence. Responses received after the solicitation
closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle
System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider
any subsequent submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be
placed in a separate envelope, box, or package and each envelope, box or package must contain the
information previously stated in 1.82.A.
1.80. TAXES - The City of Miami is exempt from any takes imposed by the State and/or Federal
Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers
should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for
the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08,
Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer.
1.81. TERMINATION — The City Manager on behalf of the City of Miami reserves the right to terminate this
contract by written notice to the contractor effective the date specified in the notice should any of the
following apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the
contract.
B. The City has determined that such termination will be in the best interest of the City to terminate the
contract for its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent
upon the availability of appropriate funds.
1.82. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to
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a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of
damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of
Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and
acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law.
1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation.
The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not
made within the time(s) specified on their Response. Deliveries are to be made during regular City business
hours unless otherwise specified in the Special Conditions.
1.84. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the
goods/equipment or used the goods, whichever comes first.
1.85.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to
the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be
made for "trade secrets."
If the Response contains information that constitutes a "trade secret", all material that qualifies for
exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE
SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the
outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any
person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold
harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and
attorney's fees incurred by the City by reason of any legal action challenging your claim.
1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s)
nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase
order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any
work performed or goods delivered outside the scope of the contract or any work performed by an employee
not otherwise previously authorized.
1.87. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other
publicity purposes. No advertising, sales promotion or other publicity materials containing information
obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express
written permission of the City Manager or the City Commission.
1.88. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers
must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If
variations are not stated on their Response, it will be assumed that the product fully complies with the City's
specifications.
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for Boat Maintenance, Repairs, Parts, and Related Marine
Services - Citywide, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations
of the solicitation.
2.2. PRE-BID/PRE-PROPOSAL CONFERENCE
None
2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION
Any questions or clarifications conceming this solicitation shall be submitted by email or facsimile to the
Procurement Department, Attn: Eduardo Falcon; fax: (305) 400-5390 or email: efalcon@miamigov.com, and a copy
filed with the Office of the City Clerk, pursuant to Section 1.20. Cone of Silence. The solicitation title and number
shall be referenced on all correspondence. All questions must be received no later than Wednesday, May 24, 2017
at 3:00 PM. All responses to questions will be sent to all prospective bidders/proposers in the form of an
addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.4. BIDDERS MININIUM QUALIFICATIONS
Bidder shall:
(1) Be regularly engaged in the business of providing goods and/or services as described in this bid; that have a
record of performance for a minimum period of three (3) years; and that have sufficient financial support, equipment
and organization to insure that they can satisfactorily provide the goods and/or services if awarded a contract under
the terms and conditions herein stated.
(2) Submit copies of certifications of the personnel that are factory certified repair technicians, directly employed by
your company, for the Lines for which your company would like to be considered for (see Section 3.1 for further
details);
(3) Not have any member, officer, or stockholder that is in arrears or in default of any debt or contract involving the
City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any
previous contract with the City;
(4) Not have any record of pending lawsuits or criminal activities or have ever been declared bankrupt; and
(5) Have positive feedback given by the references provided for each product/line submitted. Refer to Section 2.12,
entitled "References".
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2.5. CITY OF MIAMI LIVING WAGE ORDINANCE
The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value
exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017
by the City.
"Service Contract" means a contract to provide services to the City, excluding, however, professional services as
defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City
Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as
Attachment A. Please see provisions in Attachment A.
If a solicitation requires services, effective on .January 1, 2017, contractors must pay to all its employees, who
provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than
S 13.19 an hour, with health benefits.
This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance, Please review
Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage
Ordinance.
2.6. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED
As part of its Bid, the Bidder is required to identify any and all Subcontractors that will be used in the performance
of the proposed contract, their capabilities, experience and the portion of the work to be done by the Subcontractor.
Failure to identify any and all Subcontractors in the Bid may render the Bid non-responsive.
The Successful Bidder(s) shall not, at any time during the tenure of the contract, subcontract any part of the
operations or assign any portion or part of the contract, to Subcontractor(s), not originally mentioned in the Bid,
except under and by virtue of permission granted by the City through the proper officials.
Nothing contained in these specifications shall be construed as establishing any contractual relationship between any
Subcontractor and the City.
The Successful Bidder(s) shall submit all Sub -Contractor reference information including contacts, address, phone,
fax, email, copies of licenses required by the State of Florida and/or Miami -Dade County, in the Header/Attributes
Section of this bid and be fully responsible to the City for the acts and omissions of the Sub -Contractor and their
employees, the same as for acts and omissions of persons employed by the Successful Bidder.
2.7. METHOD OF AWARD
For Groups 1, 2, and 4
Award of these groups may be made to the three (3) lowest responsive and responsible Bidders meeting
specifications, on a line by line item basis.
Bidders may bid on one or all items in a group. For each line, the bid with the lowest price, will be deemed the
"Primary Supplier," the next lowest the "Secondary Supplier," followed by the "Tertiary Supplier." Should the
"Primary Supplier" not be able to provide the service at the time needed, the City has the option to select the
"Secondary Supplier," and so on, to fulfill the order.
For Group 3
Award of this group may be made to the three (3) responsive and responsible Bidders meeting specifications, who
provide the highest minimum percent discount, on a line by line item basis.
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Invitation for Bid (IFB) 693382
Bidders may bid on one or all items in this group. For each line, the bid with the highest minimum percent
discount, will be deemed the "Primary Supplier," the next highest the "Secondary Supplier," followed by the
"Tertiary Supplier." Should the "Primary Supplier" not be able to provide the part(s) at the time needed, the City has
the option to select the "Secondary Supplier," and so on, to firlfill the order.
For Group 5
Award of this group may be made to the three (3) lowest responsive and responsible Bidders meeting specifications,
on a group basis.
Bidders must bid on all items within this group to be deemed responsive for the group. For this
group, the Bidder with the lowest price will be deemed the "Primary Supplier," the next lowest price the "Secondary
Supplier," followed by the "Tertiary Supplier." Should the "Primary Supplier" not be able to provide the service at
the time needed, the City has the option to select the "Secondary Supplier," and so on, to fulfill the order.
2.8. HOURLY LABOR RATE
The hourly labor rates quoted shall include fiell compensation for labor, equipment use, travel time, and any other
cost to the Bidder.
2.9. TERM OF CONTRACT
The contract shall commence upon the date of notice of award and shall be effective for three (3) years with the
option to extend for one (1) additional three (3) year period, subject to the availability of hinds for succeeding fiscal
years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.10. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:.
(1) continued satisfactory performance compliance with the specifications, terms and conditions established herein;
and
(2) availability of fiords.
2.11. TIE BIDS
Whenever two (2) or more bids which are equal with respect to price, quality and service are received by the City
for the procurement of commodities or contractual services, a bid received from a business that certifies that it has
implemented a drag -free workplace program shall be given preference in the award process. Established procedures
for processing tie bids will be followed if none of the tied Bidders have a drug-free workplace program. In order to
have a drug-free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawftd manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against
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Invitation for Bid (IFB) 693382
employees for violations of such prohibition;
(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations;
(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of
the statement specified in subsection (1);
(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the statement and
will notify the employer of any conviction or plea of guilty or nolo contendere to any violation of Florida Statute
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 finding,
(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 good faith effort to continue to maintain a drug-free workplace through implementation of this section.
2.12. REFERENCES
Each bid must include at least three (3) past performance references for each Line or Group for which your company
submitted a response from similar sized customers who the Bidder has provided these services to within the last five
(5) years in the Header/Requirements Section of this bid document. References provided shall include the name of
the company, dates of contract, description of goods or services supplied, a contact person and the telephone
number. For hard copy submittals this section may be found in the Certifications Sections of the printed bid.
NO BID WILL BE CONSIDERED WITHOUT THIS INFORMATION.
2.13. INSURANCE REQUIREMENTS
INDEMNIFICATION
Successful Bidder shall, indemnify, hold / save harmless and defend at its own costs and expense, the City and its
officials, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of
Successful Bidder's performance under the provisions of the contract, including all acts or omissions to act on the
part of Successftul Bidder, including any person performing under this contract for or on Successful Bidder's behalf,
provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or
misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which
may result from this contract, unless attributable to the negligence or misconduct of the City, and from and against
all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claim, or the investigation
thereof.
The 5L1CCeS$ftll Bidder shall furnish to the City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th
Floor, Miami, Florida 33130; Certificate(s) of Insurance which indicates that insurance coverage has been obtained
which meets the requirements outlined below:
(1) Worker's Compensation
A. Limits of Liability - Statutory - State of Florida
(2) Commercial General Liability:
A. Limits of Liability
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Invitation for Bid (IFB) 693382
Bodily Injury and Property Damage Liability - Each Occurrence: S 1,000,000
General Aggregate Limit: 52,000,000
Personal and Adv. Injury. Products and Completed Operations and Fire Damage: S 1.000.000.
B. Endorsements Required:
City of Miami included as an Additional insured. Employees included as insured. Contractual Liability,
(3) Business Automobile Liability
A. Limits of Liability
Bodily injury and property damage liability combined single limits. Any Auto, including hired, borrowed or owned,
or non -owned autos used in connection with the work - S 1,000,000
B. Endorsements Required.-
City
equired:City of Miami included as an Additional Insured
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals,
which most nearly reflect the operations of the Successful Bidder.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength,
by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management
prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written
advance notice to the certificate holder.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the Successful Bidder of liability and obligation under
this section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire during the contractual period, the Successful Bidder shall be
responsible for submitting new or renewed insurance certificates to the City at a minimum often (10) calendar days
in advance of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which cover the
contractual period, the City shall:
(a) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner
prescribed in the Invitation For Bid or
(b) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from
the Successful Bidder in conjunction with the General and Special Terms and Conditions of the bid.
The Successful Bidder shall be responsible for assuring that the insurance certificates required in conjunction with
this section remain in force for the duration of the contractual period, including any and all option terms that may be
granted to the SILCeeSSful Bidder.
2.14. PROJECT MANAGERS
Upon award, Successful Bidder(s) shall work directly with Lt. Jose Gomez - Fire Rescue, Nathania Lai - Police, and
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Invitation for Bid (IFB) 693382
Stephen Bogner - Marinas or designees, who shall be the Project Managers.
Should it not be possible to reach the Successful Bidder(s) or authorized representative(s) and/or should remedial
action not be taken within twenty-four (24) hours on any failure to perform, the City reserves the right to declare
Successful Bidder in default of the contract or make appropriate reductions in the contract payment or terminate the
contract for cause.
2.16, DAMAGES TO PUBLIC/PRIVATE PROPERTY
The Successful Bidder shall carry out the work with such care and methods as not to result in damage to public or
private property adjacent to the work. Should any public or private property be damaged or destroyed, the
Successfid Bidder, at his/her expense, shall repair or make restoration as is practical and acceptable to the City
and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one
month from date damage was done).
2.17. RESPONSE TIME
Response times for each Group are listed in Section 3, Scope of Work, of this document. The City shall be the sole
determiner in what constitutes an emergency response time request. Response time and completion time may be
considered a factor in determining whether the primary, secondary or tertiary Bidder will be granted the order.
2.18. USE OF PREMISES
The Successful Bidder shall confine its equipment, apparatus, the storage of materials, and the operation of its
workmen to the limits indicated by law, ordinances, permits, or direction of the project manager, and shall not
unreasonably encumber the premises with its own materials and equipment. The Successful Bidder shall take all
measures necessary to protect its own materials and equipment.
2.19, DELIVERY
Successful Bidder shall make delivery of any item(s) ordered herein within the required period of time specified on
the purchase order. Failure to deliver as specified may be cause to deem the Successful Bidder in default.
2.20. LIQUIDATED DAMAGES
Successful Bidder shall provide all items at the guaranteed delivery time specified by the various City department(s)
on the Purchase Order. If the Successful Bidder fails to deliver within the specified delivery time, it is understood
that one percent (1%) of the unit price per calendar day per item will be deducted, as liquidated damages, for each
day beyond the specified delivery time (not to exceed the total amount of the contract), not as a penalty but as
compensation for the loss of the product's use during such time.
2.21. WARRANTY
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Invitation for Bid (IFB) 693382
Equipment hereinafter specified shall be fully guaranteed by the Successful Bidder(s) against factory defects. Any
defects which may occur as the result of either faulty material or workmanship within the period of the
manufacturer's standard warranty will be corrected by the Successful Bidder(s) without expense to the City of
Miami. Successfiul Bidder(s) shall indicate the terms of the manufacturer's standard warranty, and any specially
offered optional warranty available.
The manufacturer's warranties on items covered by this contract shall be considered, whereas Successful Bidder(s)
shall obtain warranty schedules and call upon manufacturer for warranty claims. If the Successful Bidder(s) fails to
honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City
may, at its discretion, notify the Bidder, in writing, that the Bidder may be debarred as a City Bidder and/or subject
to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten
(10) calendar days of receipt of the notice. If the Bidder fails to satisfy the warranty within the period specified in
the notice, the City may (a) place the Bidder in default of its contract, and/or (b) procure the products or services
from another vendor and charge the Bidder for any additional costs that are incurred by the City for this work or
items; either through a credit memorandum or through invoicing.
2.22. EQUAL. PRODUCT
Manufacturer's name, brand name and model/style number when used in these specifications are for the sole
purpose of establishing minimum requirements of levels of quality, standards of performance and design required
and is in no way intended to prohibit the bidding of other manufacturer's brands of equal quality, unless otherwise
indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of
performance, design, etc., to item specified, unless otherwise indicated, Where equal is proposed, bid must be
accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit
bid as equal. Failure to do so at time of bid may deem your bid non-responsive.
2.23. QUALITY AND MANUFACTURE
The apparent silences of these Specifications as to any details or the apparent omission from it of a detailed
description concerning any point, shall be regarded as meaning that only materials and workmanship of first quality
are to be used. All interpretations of these specifications shall be made upon the basis of this statement.
Specifications, brands and manufacturers' names, where given, are to establish product type and quality required.
Any equal thereto will be considered, subject to the approval of the City of Miami. Bidders shall indicate on the
Price line(s) attributes, the manufacturer, brand and model or style number they intend to supply to the City, for each
item bid. All materials shall be new, of current manufacture, and shall carry standard warranties. No substitutions
shall be allowed after the bid is awarded unless so authorized by the City.
The City reserves the right to perform its own testing procedures or to send any and all samples to any certifiable
laboratory for analysis. Any and all costs for testing shall be borne by Bidder. On the basis of this testing and
analysis, the City shall be sole judge of the acceptability of the sample in conjunction with the bid specifications and
it's decision shall be final. Any sample submitted shall create an express warranty that the whole of the goods
and/or services to be provided by the Bidder during the contract period shall conform to the sample submitted. The
Bidder shall be required to provide adequate'restitition to the City, in the manner prescribed by the City if this
warranty is violated during the term of the contract.
2.24. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY
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Invitation for Bid (IFB) 693382
The Successful Bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in
conjunction with this bid. The packing slip shall be attached to the shipping carton(s) which contains the items and
shall be made available to the City's authorized representative during delivery. The packing slip or delivery ticket
shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of
items being delivered; and back -order quantities and estimated delivery of back -orders if applicable.
2.25. METHOD OF PAYMENT
Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments
will be made.
2.26. PASS THROUGH COST FOR PARTS
The cost for all parts associated with any work perfomled for Groups 1, 2, and 4 will be a pass through to the City of
Miami. Successful Bidder shall submit purchase receipt of parts along with labor invoice for payment.
Successful Bidder shall be responsible for sourcing all parts necessary to complete the work requirements of each
job specification(s) of this contract. Replacement parts furnished must meet Original Equipment Manufacturer
(OEM) standards or an authorized, and approved by the City, equal product. All equipment and materials shall be
commercial quality and grade, and be from a regular product line. Prototype, obsolete, and residential quality/grade
equipment shall not be used as replacements.
2.27. SPECIFICATION EXCEPTIONS
Specifications are based on the most current literature available. Bidder shall notify the City of Miami Procurement
Department, in writing, no less than ten (10) days prior to solicitation closing date of any change in the
manufacturers' specifications which conflict with the specifications. For hard copy bid submittals, Bidders must
explain any deviation from the specifications in writing as a footnote on the applicable specification page and
enclose a copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. For
electronic bid submittals, Bidders must explain in the Header Section or by an Attachment and, if applicable,
enclose a scanned copy of the manufacturer's specifications data detailing the changed item(s) with his/her
submission. Additionally, Bidders must indicate any options requiring the addition of other options, as well as those
which are included as a part of another option. Failure of Bidders to comply with these provisions will result in
Bidders being held responsible for all costs required to bring the item(s) in compliance with contract specifications.
2.28. PRIMARY CLIENT (FIRST PRIORITY)
The Successful Bidder(s) agree upon award of this contract that the City of Miami shall be its primary client and
shall be serviced first during a schedule conflict arising between this contract and any other contract Successfitl
Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic
events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or
approximately the same time.
2.29. ADDITIONS/DELETIONS OF FACILITIESNESSELSIPRODUCTS/SERVICES/SUPPLIERS
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Invitation for Bid (IFB) 693382
Although this solicitation identifies specific facilities/vessels/products/services/suppliers to be provided, it is hereby
agreed and understood that facilities/vessels/produets/services/suppliers may be added/deleted to/from this contract
at the option of the City. When an addition to the contract is required, the suppliers shall be invited to submit price
quotes for these new facilities/vessels/products/services. If these quotes are comparable with market prices offered
for similar facilities/products/services, 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.
2.30. NON -APPROPRIATION OF FUNDS
In the event no fttnds or insufficient fiords 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 their
assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or
expense, No guarantee, warranty or representation is made that any particular project(s) will be awarded to any
firm(s).
2.31. TERMINATION
A. FOR DEFAULT
If Successfiil Bidder defaults in its performance under this contract and does not cure the default within thirty (30)
days after written notice of default, the City Manager may terminate this contract, in whole or in part, upon written
notice without penalty to the City of Miami. In such event the Successful Bidder shall be liable for damages
including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any
reason that the Successful Bidder was not in default or (2) the Successful Bidder's failure to perform is without
Successful Bidder or its subcontractor's control, fault or negligence, the termination will be deemed to be a
termination for convenience of the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this contract, in whole or in part, upon thirty (30) days prior written notice when it
is in the best 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 Miami the Successful Bidder will be compensated in accordance with an
agreed upon adjustment of cost. To the extent that this contract is for services and so terminated, the City of Miami
shall be liable only for payment in accordance with the payment provisions of the contract for those services
rendered prior to termination.
2.32. ADDITIONAL TERNIS AND CONDITIONS
No additional terns and conditions included as part of your solicitation response shall be evaluated or considered,
and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this
solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in
transmittal letters, specifications, literature, price Lists or warranties, it is understood and agreed that the General
Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that
the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. Any and all such
additional terms and conditions shall have no force or effect and are inapplicable to this Agreement.
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Invitation for Bid (IFB) 693382
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORT{
City of Miami Boat Maintenance, Repairs, Parts. and Related Marine Services - Citvwide
The intent of these specifications is to identify the types of equipment and define required repairs. The repairs shall
maintain and restore marine engines and watercraft to original manufacturer's performance standards. Repairs
include, but are not limited to, engine, transmission, boat hull, ship carpentry, welding, mechanical, electrical, etc -
Bidders are not required to bid on all items, only the lines for which they are qualified to perform services on,
or parts catalogs which they are authorized to sell.
GROUP 1: Labor (with all Parts at pass through cost) Scope of Work
A. Certifications:
To perform repairs and maintenance on the IVECO engines, Iamilton Jet drive parts, Twin Disc transmission, Blue
Arrow control systems, Yamaha engines, Mercury engines, Onan generators, or Marine Electronics (e.g., GPS,
navigation, radar, antenna, speakers etc.) on board Fire Boat #l, or any of the City's vessels, the Successful
Bidder(s) shall use only Factory Certified trained Technicians for each of these components, who are directly
employed and supervised by the Successful Bidder, Successfitl Bidder(s) shall use reasonable care to maintain the
boat motors and related equipment in proper operating condition at all times. Proof of certifications, as stated in
Section 2.4, must be submitted with bid in the Header/Attachments Section, or your bid may be deemed
non-responsive.
B. Response Time and Emergency Service:
Iveco Engines, Yamaha, Mercury, Hamilton Jet Drive Parts, Twin Disc Transmission, and Onan Generators - Next
business day for Standard repairs/maintenance and four (4) hour emergency response time.
Blue Arrow control systems - Response time will be provided by the service facility for Standard
repairs/maintenance and within twenty-four (24) hours for emergency response.
C. Parts Availabillt3�-
When replacement parts are needed, the Successfitl Bidder(s) shall use OEM (Original Equipment Manufacturers)
parts or parts that are equal in quality to the original parts, non -OEM parts must be approved by the Project
Manager(s,) or designees in writing. The Successfitl Bidder(s) shall stock an adequate assortment of OEM parts to
expeditiously repair and return to service the malfunctioning item/equipment. The City reserves the right, if it deems
necessary, to purchase replacement parts and equipment according to City Procurement ordinances and regulations.
Successfitl Bidder(s) agrees to install and maintain such parts and equipment. Successful Bidder(s) can either
replace or repair parts or equipment that fail during the warranty period stated in the Successfitl Bidder(s) bid. If
requested by the Project Manager(s), or designees, the Successful Bidder(s) shall acquire specialty parts through
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Invitation for Bid (IFB) 693382
next day air freight.
D. Location of Service:
The Successful Bidder(s) shall respond to the normal docking location of the watercraft(s), unless advised that the
watercraft(s) is to be serviced or dry docked at a different location within the City.
E. Cost Evaluation Prior to -Repair:
The Successful Bidder(s) shall notify the Project Manager(s), or designees in writing, prior to making repairs, as to
the anticipated costs involved. This notification shall be provided after the performance test/inspection and prior to
any repairs. Successful Bidder(s) must have Project Manager(s), or designees approval in writing, prior to engaging
in any repair work.
F. Houriv Labor Rate (Engine and Drive 1Vorlo:
The hourly labor rate charged for engine and drive work shall be in accordance with the hours listed in the current
engine manufacturer flat rate manual. The City shall be charged a flat rate based upon multiplying the hourly rate
bid by the number of hours and tenths listed for each operation. If the operation requires removing broken or
corroded screws, or if the Successful Bidder feels that the particular operation requires work in excess of the hours
listed, or if the Successful Bidder requires additional hours to secure parts or supplies, additional time may be
requested to complete the operation. However, if the Project Manager(s), or designees determines that the
Successful Bidder's request is excessive, then the City reserves the right to re -bid that work to other Successful
Bidders and award to the lowest responsive and responsible Successful Bidder(s).
G. Service Call Charge (If Any):
A service call charge may be added to have a teclinician(s) mobilize to the location of the vessel. This will be
limited to a one time flat fee per call, and not a daily charge (e.g., if repairs require more than one day, the service
call charge will be applicable for the duration of the repair.)
GROUP 2: 100 -Hous Service Interval: Maintenance inspections on the engines (inclusive of all parts and
labor) Scope of Work
A. Certifications;
100 Hour Service on Yamaha or Mercury engines on board any of the City's vessels, shall be performed by Factory
Certified trained Technicians, who are directly employed and supervised by the Successfid Bidder. Technicians
shall take reasonable care in maintaining the boat motors and related equipment in proper operating condition at all
times. Proof of certifications, as stated in Section 2.4. shall be submitted with Bidder's bid in the
Header/Attachments Section or bid may be deemed non-responsive.
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B. Response Time and Emergency Service:
Yamaha, and Mercury Engine Maintenance and Repair - Next business day for Standard repairs/maintenance and
four (4) hour emergency response time.
C. Parts Avai a ility:
When replacement parts are needed, the Successful Bidder(s) shall use OEM (Original Equipment Manufacturers)
parts or parts that are equal in quality to the original parts, non -OEM parts will be approved by the Project
Manager(s), or designees in writing. The Successful Bidder(s) shall stock an adequate assortment of OEM parts to
expeditiously repair and return to service the malfiinctioning item/equipment. The City reserves the right, if it deems
necessary, to purchase replacement parts and equipment according to City Procurement ordinances and regulations.
Successful Bidder(s) agrees to install and maintain such parts and equipment. Successful Bidder(s) can either
replace or repair parts or equipment that fail during the warranty period stated in the Successful Bidder(s) bid. If
requested by the Project Manager(s), or designees, the Successful Bidder(s) shall acquire specialty parts through
next day air freight.
D. Location oCS-ervice:
The Successful Bidder(s) shall respond to the normal docking location of the watereraft(s), unless advised that
the watercraft(s) is dry docked at a different location within City.
E. Cost Evaluation Prior to Repair:
The Successful Bidder(s) shall notify the Project Manager(s), or designees in writing, prior to malting repairs, as to
the anticipated costs involved. This notification shall be provided after the performance test/inspection and prior to
any repairs. Successful Bidder(s) will have Project Manager(s), or designees approval in writing, prior to engaging
in any repair work.
E. Hourly Labor Rate (Engine and Drive Work):
The hourly labor rate charged for engine and drive work shall be in accordance with the hours listed in the current
engine manufacturer flat rate manual. The City shall be charged a flat rate based upon multiplying the hourly rate
bid by the number of hours and tenths listed for each operation. If the operation requires removing broken or
corroded screws, or if the Successful Bidder feels that the particular operation requires work in excess of the hours
listed, or if the Successfiil Bidder requires additional hours to secure parts or supplies, additional time may be
requested to complete the operation. However, if the Project Manager(s), or designees determines that the
Successful Bidder's request is excessive, then the City reserves the right to re -bid that work to other Successful
Bidders and award to the lowest responsive and responsible Successful Bidder(s).
GROUP 3: Parts Only, Minimum Percent Discount Off Parts Catalog (List Catalogs) Scope of Work
(Insurance requirements will not apply to this group)
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Invitation for Bid (IFB) 693352
The City may purchase parts from the Successfirl Bidder(s) to have for its inventory or for installation by City
staff. The City will use the percent discount provided by the Successful Bidder(s) for the applicable line items to
calculate the cost from the Manufacturer Suggested Retail Price (MSRP).
This is the only group that will allow for parts at a discount from the MSRP. Whenever labor, maintenance; service
or repairs are being provided along with parts, the Successful Bidder(s) shall invoice parts at the pass through cost as
stated in Section 2,26.
Rgsponse Time and Emergency "arts:
Parts - Three (3) business days for Standard orders, next day for emergency part orders. The City will pay for
additional shipping/freight, if approved in writing..
GROUP 4: Fiberglass/Aluminum Boat Hull Repair (with Parts at pass through cost) Scope of Work
The Successful Bidder(s) shall provide an hourly labor rate for structural and cosmetic repairs to
fiberglass/aluminum boats including all necessary equipment. Material necessary for repairs shall be invoiced at
the pass through cost. Successful Bidder(s) shall provide these services on an as needed basis.
A. Rc5ponse Time and Emer; envy Service:
Boat Hull and Repair - Next business day for Standard repairs. No emergency requirement for this group.
B. Service Call Charge (If Any):
A service call charge may be added to have a technician(s) mobilize to the location of the vessel. This will be
limited to a one time flat fee per call, and not a daily charge (e.g., if repairs require more than one day, the service
call charge will be applicable for the duration of the repair.)
GROUP 5: Haul -Out Hurricane Plan Scope of Work
Successful Bidder(s) shall be able to provide in -water storage or hoist out -of -water space, whichever is available at
the time of need, for the the thirty-five foot (35') Marlin, forty-eight foot (45') City Fireboat 1, and the fifty-one foot
(5I') Houseboat in the event of a hurricane, or hurricane warning between June and November of each year.
In -water storage shall be in a covered and protected area. These City boats shall be the last in the facility and shall
be the first back into the water after the storm. Prices submitted shalt be all inclusive. Storage facility shall be
located within the municipal limits of the City.
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