HomeMy Public PortalAbout22-064 - Piggyback City of Miami contract with H & R Paving for pavement resurfacingSponsored by: Interim City Manager
RESOLUTION NO. 22-064
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO PIGGYBACK THE CITY OF MIAMI
CONTRACT WITH H&R PAVING, INC. FOR QUALIFIED
PROFESSIONAL SERVICES FOR PAVEMENT RESURFACING
(CITY OF MIAMI IFB #1115382(28)), AND ENTER INTO AN
AGREEMENT WITH H&R PAVING, INC FOR PAVEMENT
RESURFACING, THROUGHOUT THE CITY, IN AN AMOUNT
NOT TO EXCEED TWO HUNDRED SIXTY-TWO THOUSAND
FOUR HUNDRED EIGHTY DOLLARS ($262,480.00);
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa-Locka ("City") initiated the Sidewalk Installation
Project ("Project") to install new sidewalks in all areas within the City lacking sidewalks.
Staff has divided the Project into phases based on priority needs in order to spread out
the fiscal impact over time; and
WHEREAS, Staff has developed a scope for Phase IV of the Project; and
WHEREAS, the City of Miami previously awarded a contract to H&R Paving Inc.
for pavement resurfacing services (attached as Exhibit "A"), pursuant to its Invitation for
Bid (IFB) No. 1115382(28), for a three year period commencing March 22, 2021 through
March 21, 2024; and
WHEREAS, pursuant to Section 2-318(3) of the City's Purchasing Code (as
approved by Ordinance 2020-07) the City may purchase and acquire under contracts with
the federal government, the State of Florida or its political subdivisions and also
municipal co-operative purchasing organizations and programs and when the City
Manager has determined that the prices of the original contract are competitive and
reasonable; and
WHEREAS, the City received a proposal from H&R Paving, Inc., attached hereto
as Exhibit "B", for Two Hundred Sixty -Two Thousand, Four Hundred Eighty Dollars
($262,480.00) for pavement resurfacing services, within the City, as provided herein; and
WHEREAS, the City Commission finds that it is in the best interest of the City to
piggyback the City of Miami contract with H&R Paving Inc., attached hereto as Exhibit
"A", in order to benefit from already negotiated rates and enter into an agreement,
attached hereto as Exhibit "C", for pavement resurfacing services, throughout the City,
as provided herein, in an amount not to exceed Two Hundred Sixty -Two Thousand,
Resolution No. 22-064
Four Hundred Eighty Dollars ($262,480.00).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission of the City of Opa-Locka, Florida hereby authorizes the City
Manager to piggyback on the City of Miami contract (IFB #1115382(28)) with H&R Paving
Inc. for qualified professional services for pavement resurfacing services and enter into
an Agreement with H&R Paving, Inc., attached hereto as Exhibit "C", for pavement
resurfacing services, throughout the City of Opa-Locka, in an amount not to exceed Two
Hundred Sixty -Two Thousand, Four Hundred Eighty Dollars ($262,480.00).
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, following review by the City Attorney, without
need of public hearing, by filing a corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect upon the adoption and is subject to the approval of the
Governor or Governor's Designee.
PASSED and ADOPTED this 14th day of December, 2022
John aylo, Jr., Mayor
TTEST:
nna Flores, City Clerk
2
Resolution No. 22-064
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Bernadette Norris -
City Attorney
rs7eeks,P.A.
Moved by: Commissioner Bass
Seconded by: Commissioner Williams
VOTE: 5-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
3
City of Opa-locka
Agenda Cover Memo
Department
Manager:
Adelina Gross
Department
Director
Signature:
Interim
City
Darvin Williams
CM Signature:
C.�-C kAA___:„4„..Manager:
Ordinance
Other
Commission
Meeting
Date:
12/14/2022
Item Type:
(EnterXin box)
Resolution
X
Fiscal
Impact:
(EnterXin box)
Yes
No
Ordinance Reading:
(EnterXin box)
1st Reading
2nd Reading
X
Public Hearing:
(EnterXin box)
Yes
No
Yes
No
X
X
Funding
Source:
Account# :
(Enter Fund & Dept.)
Ex:
See Financial
Impact Section
Advertising Requirement:
(EnterXin box)
Yes
No
X
Contract/P.O.
Required:
(Enter X in box)
Yes
No
RFP/RFQ/Bid#.
X
Strategic
Plan Related
(EnterXin box)
Yes
No
Strategic Plan Priority Area:
Enhance Organizational ®
Bus. & Economic Dev El
Public Safety El
Quality of Education
Qual. of Life & City Image IN
Communication it
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
Sponsor
Name
City Manager
Department:
Capital Improvements Program
City Manager
Short Title:
Sidewalk Installation Phase IV
Staff Summary:
The City initiated the Sidewalk Installation Project to install new sidewalks in the City in areas lacking
sidewalk. Staff has divided the project into phases based on prioritized needs to spread out the fiscal
impact over time. Staff has developed a scope for Phase IV and received a proposal for this scope for
$262,480.00.
Staff recommends continuing this project as it will enhance the City's image as well as improving
walkability and address pedestrian safety.
Therefore, Staff is requesting approval from the City Commission to authorize the City Manager to
piggyback City of Miami IFB 1115382 for PAVEMENT RESURFACING SERVICES and accept the
proposal from H&R Paving, Inc. for completion of Phase IV.
Financial Impact
Account
Description
Available
Project
Remaining Balance
44-541835
Sidewalks
$308,278
$262,480
$45,798
Proposed Action:
Staff recommends approval of this item to enhance City walkability and to address pedestrian safety
issues.
Attachment:
1. Agenda
2. Proposal provided by H&R Paving, Inc.
3. Street Map
4. City of Miami NTP Letter and BID form Package in response to the IFB 1115382
5. Opa-locka Piggyback Contract.
1955 NW 110 Ave., Miami, FL 33172
Telephone: (305) 261-3005
Fax: (305) 592-6079
PROPOSAL
�S
LICENSED AND INSURED
CITY OF OPA LOCKA
780 Fisherman St
OPA—LOCKA, FL 33054
TO
CONTACT
Carlos Gonzalez
QUOTE NO.
DATE:
11-3-22
City of Miami Contract #: 1115382
TO
New Sidewalk Construction
Phase 4
CONTACT
FAX
We hereby propose to furnish all labor, material, equipment and insurance, SUBJECT TO ALL TERMS AND CONDITIONS AS
SET FORTH ON BOTH SIDES OF THIS PROPOSAL, AS FOLLOWS:
Item #
4
11
14
25
39
40
52
53
Description
Mobilization, Sidewalks / Curbing
Barricades Cones / Drums
Work Zones Signage
Excavation
Utility Adjustment, Manhole
Utility Adjustment, Valve Box
6" Thick Concrete Sidewalk
4" Thick Concrete Sidewalk
Quantity Unit Unit Price
1.00 LS $ 1,500.00
2,000.00 ED $ 0.50
100.00 ED $ 100.00
800.00 CY $ 30.00
5.00 EA $ 500.00
5.00 EA $ 300.00
14,700.00 SF $ 6.60
28,400.00 SF $ 4.40
Total
$
Contract Amount
1,500.00
1,000.00
10,000.00
24,000.00
2,500.00
1,500.00
97,020.00
124,960.00
$ 262,480.00
We hereby propose to furnish labor and materials - complete in accordance with the above specifications, for the sum shown above, with
payment to be made as follows:
NOTE: Cost of permits to be billed additionally. Subgrade preparation if required under equipment rental basis;
acceptance within 30 days and is void thereafter at the option of H & 1'1 PAVING, Inc.
Authorized Signature:
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. t/3 upon acceptance,
when rock base is in place, balance upon completion. INTEREST will be charged on all delinquent accounts at the highest legal rate of interest allowable under the laws of the state
of Florida.
ACCEPTED:
Date:
Signature:
Signature:
PHASE 6 - 2023
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1
City of Miami
Invitation for Bid (IFB)
Procurement Department
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: www.miamigov.com/arocurement
IFBNumber:
Title:
Issue Date/Time:
IFBClosing Date/Time:
Pre-Bid/Pre-Proposal Conference:
Pre-Bid/Pre-Proposal Date/Time:
Pre-Bid/Pre-Proposal Location:
Deadline for Request for Clarification:
Contracting Officer:
Hard Copy Submittal Location:
Contracting Officer E -Mail Address:
1115382
Invitation for Bid for Pavement
Resurfacing Services
11-SEP-2020
09-OCT-2020 @ 15:00:00
Voluntary
September 18, 2020 at 10:00 AM
Virtual
September 24, 2020 at 2:00 PM
Gray, Tahlia
NO HARD COPY
SUBMITTALS
PERMITTED
tgray@miamigov.com
Contracting Officer Facsimile: 305-400-5019
Page 1 of 59
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
PROPOSER NAME.
ADDRESS:
PHONE: FAX.
EMAIL: CELL(Optional)
SIGNED BY:
TITLE: DATE.
FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISOUALIFY THIS
RESPONSE.
Page 2 of 59
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Business Tax Receipt/Occupational License Number:
Business Tax Receipt/Occupational License Issuing Agency:
Business Tax Receipt/Occupational License Expiration Date:
Will Subcontractor(s) be used? (Yes or No)
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
date of receipt (i.e. Addendum No. 1, 7/1/17). If no addendum/addenda was/were issued, please insert
N/A.
If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code,
has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office
Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the
Attachments Section of this solicitation.)
Page 3 of 59
Line: 1
Description: BIDDERS ARE NOT REQUIRED TO ENTER A UNIT PRICE ON THIS LINE.
BIDDERS SHALL SUBMIT THEIR BID PRICES UTILIZING ATTACHMENT E - BID
PRICE SHEET, LOCATED IN THE ATTACHMENTS SECTION OF THIS SOLICITATION.
Category: 98852-00
Unit of Measure: Each
Unit Price: $
Number of Units: 1 Total: $
Page 4 of 59
Invitation for Bid (IFB) 1115382
Table of Contents
Terms and Conditions 7
1. General Terms and Conditions 7
1.1. GENERAL TERMS AND CONDITIONS 7
2. Special Conditions 40
2.1. PURPOSE 40
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 40
2.3. SUBMISSION AND RECEIPT OF RESPONSE 40
2.4. PRE -BID CONFERENCE 41
2.5. BIDDERS MINIMUM REQUIREMENTS 41
2.6. METHOD OF AWARD 42
2.7. TERM OF CONTRACT 42
2.8. CONDITIONS FOR RENEWAL 42
2.9. ESCALATION CLAUSE 42
2.10. SPECIFICATION EXCEPTION 43
2.11. NON -APPROPRIATION OF FUNDS 43
2.12. INSURANCE REQUIREMENTS 44
2.13. BID BOND 46
2.14. REFERENCES 46
2.15. CURES 47
2.16. TIE BIDS 47
2.17. PROJECT MANAGER 47
2.18. SUBCONTRACTOR(S) 47
2.19. CONTINGENCY 48
2.20. RESPONSE TIME 48
2.21. COMPLETED WORK 48
2.22. EMERGENCY/DISASTER PERFORMANCE 48
2.23. METHOD OF PAYMENT 48
2.24. LIQUIDATED DAMAGES 49
2.25. CONTRACTOR TO BE REPRESENTED 49
2.26. USE OF PREMISES 49
2.27. DAMAGES TO PUBLIC/PRIVATE PROPERTY 49
2.28. PUBLIC CONVENIENCE AND SAFETY 49
2.29. SAFETY MEASURES 50
2.30. ENVIRONMENTAL REGULATIONS 50
2.31. ADDITIONS/DELETIONS OF SERVICES/ITEMS/SUPPLIERS 50
2.32. ADDITIONAL CONTRACTOR(S) OR SUBCONTRACTOR(S) 50
2.33. FAILURE TO PERFORM 51
2.34. TERMINATION 51
2.35. ADDITIONAL TERMS AND CONDITIONS 51
2.36. FEDERALLY FUNDED PROJECTS 51
2.36.a) INTRODUCTION 51
2.36.b) LOCAL PREFERENCE 51
2.36.c) DAVIS-BACON ACT 52
Page 5 of 59
Invitation for Bid (IFB) 1115382
2.36.d) COMPLIANCE WITH COPELAND "ANTI-KICKBACK"ACT 52
2.36.e) COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS
ACT 52
2.36.f) PARTS AT PASS -THROUGH COST (FOR REPAIRS OUTSIDE THE SCOPE OF WORK) .
53
2.36.g) EQUAL EMPLOYMENT OPPORTUNITY 53
2.36.h) CLEAN AIR ACT 54
2.36.i) FEDERAL WATER POLLUTION CONTROL ACT 54
2.36.j) NO OBLIGATION BY FEDERAL GOVERNMENT 55
2.36.k) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED
ACTS 55
2.36.1) BYRD ANTI -LOBBYING AMENDMENT, 31.U.S.C. § 1352 (AS AMENDED) 55
2.36.m) PROCUREMENT OF RECOVERED MATERIALS 55
2.36.n) DHS SEAL, LOGO, AND FLAGS 55
2.36.o) COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS .
55
2.36.p) ACCESS TO RECORDS 56
2.36.q) SUSPENSION AND DEBARMENT (IN ADDITION TO GENERAL TERM AND
CONDITIONS, SECTION 1.25) 56
2.37. NON -FEDERALLY FUNDED PROJECTS 56
2.37.a) INTRODUCTION 56
2.37.b) LIVING WAGE ORDINANCE 56
2.37.c) PERFORMANCE BOND 57
2.37.d) LOCAL PREFERENCE 57
3. Specifications 58
3.1. SPECIFICATIONS/SCOPE OF WORK 58
•
Page 6 of 59
Invitation for Bid (IFB) 1115382
Terms and Conditions
1. General Terms and 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 defmed as issuance of a/an Invitation for Bid (IFB), Request for Proposals
(RFP), Request for Qualifications (RFQ), or Request for Letters of Interest (RFLI) 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, EQUIPMENT OR SERVICES - Any good(s), equipment or services
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. In terms of this Solicitation the ushef the word "services" includes without limitation
professional and personal services as that term professional a personal services is defmed by the City of Miami
Procurement Ordinance and as set forth in the Definitions Section 18-73 of the City Code.
1.2. ACCEPTANCE OF OFFER -Subject to prior occurrence of all condition's precedent set forth in Section 1.88,
The signed or electronic submission of your solicitation response shall be considered an offer on the part of the
Proposer; such offer shall be deemed accepted upon the occurrence of all conditions precedent and issuance by the
City of a purchase order or notice to proceed, as applicable. In summation, execution of a Professional Services
Agreement and/or Agreement, approval by a referendum as stated in this RFP, and issuance by the City of a
purchase order, and/or notice to proceed, as applicable.
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 Procurement shall notify all affected Proposers and make available a written
explanation for the rejection. The City also reserves the right to reject:
1.the response of any Proposer who has previously failed to properly perform under the terms and conditions of
a Professional Services Agreement ("PSA") and/or Agreement,
Page 7 of 59
Invitation for Bid (IFB) 1115382
2.Failed to deliver on time contracts of a similar nature,
3. Who is not in a position to perform the requirements defined in this formal solicitation
4. Who has been debarred,
5.Who is on the convicted vendors list,
6.Who is indebted to the City,
7.Who is otherwise determined to be non- responsive or non -responsible.
The City further reserves the right to waive any irregularities, 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 Proposer's responsibility to ensure receipt of all Addenda. Addenda are available on the
BidSync website.
1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of
the resulting Contract, or any or all of its right, title or interest herein, without the City of Miami's prior written
consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract,
each party shall bear their own attorney's fees through and including appellate litigation and any post -judgment
proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful 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 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. The audit and inspection provisions set forth in Sections 18-100
Page 8 of 59
Invitation for Bid (IFB) 1115382
to 18-102, City Code, are deemed as being incorporated by reference herein as set forth in full.
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 Proposer at the Contract price(s) established herein, when
permissible by Federal, State, and local laws, rules, and regulations.
Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of
America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the
Successful Proposer 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
Contract will establish its own Contract, 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 Proposer.
1.10. AWARD OF CONTRACT:
A.The PSA and/or Agreement, the Formal Solicitation, the Proposer's response, any addenda issued, and the blanket
purchase order shall constitute the entire contract, unless modified in accordance with any ensuing amendment or
addenda.
B.The award of this contract may be preconditioned on the subsequent submission of other documents as specified
in the Special Conditions or Technical Specifications. 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 Proposer is in
default of these contractual requirements, the City, through action taken by the Department of Procurement, will
void its acceptance of the Proposer's Response and may accept the Response from the next lowest responsive,
responsible Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole
discretion, may seek monetary restitution from Proposer and its proposal bond or guaranty, if applicable, as a result
of damages or increased costs sustained as a result of the Proposer's default.
C.The term of the contract shall be specified in one of three documents which shall be issued to the Successful
Proposer. These documents may either be a blanket purchase order, notice of award and/or contract award sheet.
D.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 awarded. If the right is exercised, the City shall notify the Proposer, in
writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days.
Page 9 of 59
Invitation for Bid (IFB) 1115382
Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the
Successful Proposer are in mutual agreement of such extensions.
E.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.
F.An PSA and/or Agreement shall be awarded to the 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 PSA and/or Agreement with the Proposer, whichever is determined to be in
the City's best interests. Such PSA and/or Agreement which 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. All conditions
precedent identified in Section 1.88 before any Agreement is binding.
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 Proposers, if so indicated under the Special Conditions. This check or bond guarantees that the
Proposer will accept the order or contract/agreement, as proposed, if it is awarded to the Proposer. Proposer shall
forfeit proposal deposit to the City should the City award the contract/agreement to the Proposer and if Proposer
fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Proposal
deposits are returned to unsuccessful Proposers within ten (10) days after the award and Successful 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 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 a PSA and/or 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 negotiated with the next highest ranked
responsive and responsible Proposal most advantageous to the City or all responses may be rejected.
1.14.BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or 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, 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
Page 10 of 59
Invitation for Bid (IFB) 1115382
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 proposal cancellation, the Director of Procurement shall notify all prospective Proposers and make
available a written explanation for the cancellation.
1.16.CAPITAL EXPENDITURES - Proposer understands that any capital expenditures that the firm makes, or
prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the
Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital
expenditures, or to maintain the approved status of any Contractor. If Contractor has been unable to recoup its
capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City.
1.17.CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable
for, or responsible to, the 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 -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 Procurement Department or initiating department. The Proposer
certifies that its response is fair, without control, collusion, fraud or other illegal action. 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 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, competitive solicitations etc., et. al., as applicable. 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.
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B.Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C.The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D.Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E.Uniform Commercial Code (Florida Statutes, Chapter 672).
F.Americans with Disabilities Act of 1990, as amended.
G.National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H.National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I.City Procurement Ordinance City Code Section 18, Article III.
J.Conflict of Interest, City Code Section 2-611;61.
K.Cone of Silence, City Code Section 18-74.
L.The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
M.City Financial Policies, City Code Chapter 18, Article IX.
N.City of Miami Charter Sections 3(f) (iii) and 29-B.
O. City of Miami Sale or Lease of Real Property, City Code Chapter 18, Article V.
P.City of Miami Living Wage Ordinance, Chapter 18, Article X, City Code.
Q.Alcoholic beverage, food and beverage laws, approvals and permits as required by state and local laws.
R.Miami -Dade County Shoreline Review Ordinance Chapter 33D, Article III, Miami -Dade County Code.
Lack of knowledge or notice by the Proposer will in no way be a cause for relief from responsibility.
Non-compliance with all local, state, and federal directives, orders, regulations, 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, or RFLI 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
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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, or RFLIs between, among others:
Potential vendors, service providers, Proposers, 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's Procurement staff, provided the communication is limited strictly to matters of
process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do
not apply to oral communications at duly noticed site visits/inspections, pre -proposal conferences, oral presentations
before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public
presentations made to the Miami City Commission during a duly noticed public meeting; or communications in
writing or by email at any time with any City employee, official or member of the City Commission unless
specifically prohibited by the applicable RFP, RFQ, or RFLI 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, or RFLI, by City Procurement staff.
Proposers 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 (clerks@miamigov.com), 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 shall render any
award voidable. A violation by a particular Proposer, Offeror, Respondent, lobbyist or consultant shall subject same
to potential penalties pursuant to the City Code. Any perso ving personal knowledge of a violation of these
provisions shall report such violation to the State Attorney andWmay file a complaint with the Miami -Dade County
Ethics Commission. Proposers 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 and Florida municipality, the City of Miami is subject to
the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST - 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 Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the
name of any City employee (or former employee of the City who left City service within the past two (2) years) who
owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the
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Proposer's firm.
A. Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within
their trust, or perform their duties, to secure a special privilege, benefit, or exemption for itself, or others. Proposer
may not disclose or use information not available to members of the general public and gained by reason of their
position, except for information relating exclusively to governmental practices, for their personal gain or benefit or
for the personal gain or benefit of any other person or business entity.
B.Proposer who is a person (every officer, official and employee of the city, including every member of any board,
commission or agency of the city) as defined in Section 2-611 of the City Code, hereby acknowledges that 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.
Proposer further warrants that they are 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 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 - Proposers warrant that there has been no violation of any intellectual
property, copyright or patent rights in manufacturing, producing, or selling the goods or equipment shipped or
ordered and/or services provided as a result of this formal solicitation, and Proposers agree to hold the City harmless
from any and all liability, loss, or expense occasioned by any such violation.
1.24.COST INCURRED BY 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 Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a)Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual
Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the
Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes
listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than
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three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for
award of city Contracts if there is probable cause for debarment, pending the debarment determination. The
authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued
by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission.
(b)Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1)Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private
Contract or subcontract, or incident to the performance of such Contract or subcontract.
(2)Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of
records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty.
(3)Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals.
(4)Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of
non -responsibility. 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, local, or other governmental (public)
agency or entity.
(6)False certification pursuant to paragraph (c) below.
(7)Found in violation of a zoning ordinance for which the violation remains noncompliant.
(8)Found in violation any city ordinance or regulation and for which a civil penalty or fine is due and owing to the
city.
(9)Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c)Certification. All Contracts for goods and services, sales, and leases by the city shall contain a 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.
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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: 1) submit a response fora contract to provide goods or services to a
public entity; 2) Submit a response on a contract with a public entity for the construction or repair of a public
building or public work; 3) Submit response on leases of real property to a public entity; 4)award or perform work
as a contractor, supplier, subcontractor, or consultant under contract with any public entity; and 5) 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 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 Proposer to meet any terms of this agreement, the City will notify the Proposer of the
default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default.
Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract
being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the
termination. The following shall constitute default:
A.Failure to perform the work or deliver the goods/services required under the Contract and/or within the time
required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree
specified in the Contract.
B.Failure to begin the work under this Contract within the time specified.
C.Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely
completion.
D.Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E.Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an
assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Proposer
incapable of performing the work in accordance with and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated,
together with the cost of completing the work, shall be deducted from any monies due or which may become due on
this Contract.
1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each proposal will be
reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation.
A. Responsive Proposal is one which follows the requirements of the Formal Solicitation, includes all
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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
Proposal non -responsive.
B. Determination of Responsibility. A Responsible Proposer shall mean a Proposer who has submitted a proposal
and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the
Contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and
performance.
1) Proposals will only be considered from any person or firm who are regularly engaged in the business of providing
the good(s)/service(s) required by the Formal Solicitation. 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.
2) The City may consider any information available regarding the financial, technical, and other qualifications and
abilities of a Proposer, including past performance (experience) with the City or any other governmental entity, in
making the award.
3) The City may require the Proposer(s) to provide documentation 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.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response
shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions.
Price discounts off the original prices quoted in the response will be accepted from successful 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 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) PSA and/or Agreement and/or any Amendments to the PSA and/or Agreement
2)Specifications
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3)Special Conditions
4)General Terms and Conditions
1.31.EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster
situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this
formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform
for the city on a priority basis during such times of emergency.
1.32.ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of
Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written
agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and
represents the entire understanding and agreement between the parties with respect to the subject matter hereof and
supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the
extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the
Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may
be modified only by a written agreement signed by the City of Miami and Contractor.
1.33.ESTIMATED QUANTITIES - Estimated quantities or estimated dollars are provided for your guidance only.
No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is
not obligated to place an order for any given amount subsequ o the award of this contract. Said estimates may
be used by the City for purposes of determining the most advatageous Proposer meeting specifications. The City
reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal
Solicitation.
1.34. EVALUATION OF RESPONSES
A. Rejection of Responses
The City may reject a Response for any of the following reasons:
1)Proposer fails to acknowledge receipt of addenda;
2)Proposer misstates 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;
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5)Response does not include required samples, certificates, licenses as required; and,
6)Response was not executed by the 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 in default on a bid, payment/ performance, bond they have submitted or as the surety bond or certificate
furnished has not performed despite demand they do so or otherwise upon any obligation to the City.
2)A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions
of any previous contract with the City or deliver on time contracts of a similar nature.
3)A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the
City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
1)Responses will only be considered from entities who are egularly engaged in the business of providing the
goods/equipment/services required by the Formal Solicitation. 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 Proposer, including past performance (experience) with the City or any other governmental entity in
making the award.
3)The City may require the 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.
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1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by
the 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 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. FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE -
A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24,
employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly,
it is the Successful Proposer's/Contractor's and their subcontractor's responsibility to understand and comply with
this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate.
This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index
("CPI") 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.
It is the Proposer's and their subcontractor's (if applicable), it responsibility to determine whether any of their
employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the
Bid Contract. If impacted, Proposer must provide, with its bid, employee name(s), job title(s), job description(s),
and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful
Proposer's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact
its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The
City reserves the right to request and the Successful Proposer/Contractor must provide for any, and all information
to make a wage and contractual price increase(s) determination.
B. 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.
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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
$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.
1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws
of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall
take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective
attorney's fees.
1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for
convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way
the expressed terms and provisions hereof.
1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or
entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of
"individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the
Health Insurance Portability and Accountability Act (HIPAA)''of 1996 and the City of Miami Privacy Standards.
HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to:
A.Use of information only for performing services required by the contract or as required by law;
B.Use of appropriate safeguards to prevent non -permitted disclosures;
C.Reporting to the City of Miami of any non -permitted use or disclosure;
D.Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the
Proposer and reasonable assurances that IIHI/PHI will be held confidential;
E.Making Protected Health Information (PHI) available to the customer;
F.Making PHI available to the customer for review and amendment; and incorporating any amendments requested
by the customer;
G.Making PHI available to the City of Miami for an accounting of disclosures; and
H.Making internal practices, books and records related to PHI available to the City of Miami for compliance audits.
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PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or
electronic transfer of data). The Proposer must give its customers written notice of its privacy information practices
including specifically, a description of the types of uses and disclosures that would be made with protected health
information.
1.42 INDEMNIFICATION - Contractor shall indemnify, hold/save harmless and defend at its own costs and
expense 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 tWontract. This indemnity will be interpreted under
the laws of the State of Florida, including without limitationNnd which conforms to the limitations of §725.06
and/or §725.08, Fla. Statues, as amended from time to time as applicable.
Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may
result from any actions or omissions of the Contractor in which the City participated either through review or
concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or
other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or
Sub -Contractor, under this Agreement.
1.43. FORMATION AND DESCRIPTIVE LITERATURE - Proposer must furnish all information requested in
the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Proposer must submit
for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets
(MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on
file with the Buyer will not satisfy this provision.
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1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and
perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required
to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation.
Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of
tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance
with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or
supplemented from time to time.
1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not
be made available until such time as the City provides notice of a decision or intended decision or within 30 days
after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be 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.
1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish
Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall
demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance
Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance
certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the
Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit
a corrected certificate to the City. If the Contractor fails to su t the required insurance documents in the manner
prescribed in this Solicitation within fifteen (15) calendar daysirter 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 Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance
requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue,
9th Floor, Miami, Florida 33130, 305-416-1604.
The 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 Proposer.
1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e.
quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt
Payment Act).
1.48. LOCAL PREFERENCE
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A.City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price,
and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in
Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local
bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a
best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder.
Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid.
In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be
made to the local bidder."
B.City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable
professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer,
include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in
Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local
office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply.
1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Proposers a separate
Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may
result in the rejection of bid/proposal or termination of contract/agreement, for which the Proposer must bear full
liability.
1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or
understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be
binding upon the City unless made in writing by the Director 4, Procurement 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.
1.51. MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than
any other similarly -situated local government and, in this regard, grants the City a "most favored nations clause"
meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that
Successful Bidder/Proposer grants now or in the future to a similarly situated local government.
1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or
construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other
similar relationship between the parties.
1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with
specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other
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appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with
specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes.
Items delivered not conforming to specifications may be rejected and returned at Proposer's expense. These
non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in
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. NONDISCRIMINATION -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, 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,
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 competitive d (governmental) contracts, agreements, or other
similar sources for the purchase of these goods and/or services may be available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the
successful 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.
1.56. NOTICE REGARDING "CURES" - Proposals submitted with irregularities, deficiencies, and/or
technicalities that deviate from the minimum qualifications and submission requirements of Request for
Qualifications (RFQ), Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to
quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a
non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is
attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the
proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by
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the proposer, and are not waivable by the city.
PROPOSALS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES
THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF
THIS RFP/Q SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give
consideration to the curing of any Proposals that fail to meet the minimum qualifications and submission
requirements of this RFP/Q. Proposer understands that non -responsive Proposals will not be evaluated and,
therefore, will be eliminated from the Evaluation/Selection Process
1.57. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in
the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational
License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a
location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the
license must be submitted with the response; however, the City may at its sole option and in its best interest allow
the Proposer to supply the license to the City during the evaluation period, but prior to award.
1.58. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture
will be considered in response to this Formal Solicitation.
1.59. OWNERSHIP OF DOCUMENTS - It is understood byyd between the parties that any documents, records,
files, or any other matter whatsoever which is given by the City to the successful Proposer pursuant to this formal
solicitation shall at all times remain the property of the City and shall not be used by the Proposer for any other
purposes whatsoever without the written consent of the City.
1.60. 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.
1.61. PERFORMANCE/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.
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1.62. PREPARATION OF RESPONSES (HARDCOPY FORMAT) - 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
Proposer's risk.
A.Each Proposer shall furnish the information required in the Formal Solicitation. The Proposer shall sign the
Response and print in ink or type the name of the Proposer, address, and telephone number on the face page and on
each continuation sheet thereof on which he/she makes an entry, where 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. Proposer shall include in
the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by
the 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 Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services.
D.The 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
Proposer's response may be included as part of the contract, at the City's discretion.
u-,
G.The City of Miami's Response Forms shall be used at all times. Use of any other forms will result in the rejection
of the response. RESPONSES WILL BE SUBMITTED AS FOLLOWS: ONEORIGINAL HARDCOPY AND
SEVEN (7) COPIES INELECTRONIC FORMAT (FLASH DRIVE). NO ON-LINE SUBMITTALS WILL
BE ACCEPTED. ANY REQUIRED ATTACHMENTS PROVIDED BY THE CITY MUST BE RETURNED
TO THE CITY OR YOUR RESPONSE SHALL BE DEEMED NON -RESPONSIVE.
1.63.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.
1.64. PRODUCT SUBSTITUTES - In the event a particular good (that has been awarded and approved) 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.
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1.65. 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.
1.66. PROMPT PAYMENT -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.
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 Proposer must enter zero (0) for the percentage discount to
indicate no discount. If the Proposer fails to enter a percentage, it is understood and agreed that the terms shall be
2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or
receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to
damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount
is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash
discount with the period commencing on the date it is determined by the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful Proposers during
the term of the contract.
1.67. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property
furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami.
Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the
Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the
Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible
for replacement value of the property at the current market value, less depreciation of the property, if any.
1.68. 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.
1.69. 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:
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A. Submit a Bid to provide any goods or services to a public entity.
B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work.
C. Submit responses on leases of real property to a public entity.
D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity.
E. 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.
1.70. PUBLIC RECORDS - Proposer 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 Code, Section 18, Article III, and agrees to allow access by the City and the public, to all documents
subject to disclosure under applicable law. Successful Proposer shall additionally comply with the provisions of
Section 119.0701, Florida Statutes, titled "Contracts; public records".
Proposer shall additionally comply with Section 119.0701, Florida Statutes, including without limitation:
A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this
service.
B. Provide the public with access to public records on the same terms and conditions as the City would at the cost
provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as
authorized by law.
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D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its
possession upon termination of this Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from disclosure requirements.
E. All electronically stored public records must be provided to the City in a format compatible with the City's
information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF
PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR
REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE,
9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN
AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT.
1.71. 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.
1.72. 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.
1.73. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal
solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by
the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to
comply with the law.
1.74. 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 disputes between the Proposer 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 disputes 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.
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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.
1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104):
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 $25,000.00. Protests thereon
shall be governed by the administrative policies and procedures of purchasing.
(1) Protest of solicitation.
a. Any prospective proposer who perceives itself aggrieved Akonnection with the solicitation of a contract may
protest to the chief procurement officer. A written notice ofirtent to file a protest shall be filed with the chief
procurement officer within three days after the request for proposals, request for qualifications or request for letters
of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed
when received by the chief procurement officer; or
b. Any prospective bidder who intends to contest bid specifications or a bid 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 bid 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.
a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of 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 two days after receipt by the proposer of the notice of the city manager's
recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the city by
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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; or
b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may
protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief
procurement officer within two days after receipt by the bidder of the notice of the city's determination of
non -responsiveness or non -responsibility. The receipt by bidder of such notice shall be confirmed by the city by
facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered
filed when received by the chief procurement officer.
c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five
days after the date the notice of protest was filed. A written protest is considered filed when received by the chief
procurement officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning
points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation
or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the
required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no
facts, grounds, documentation or evidence not contained in the protester's submission to the chief procurement
officer at the time of filing the protest shall be permitted in the consideration of the written protest.
No time will be added to the above limits for service by mail. kmputing any period of time prescribed or allowed
by this section, the day of the act, event or default from which the designated period of time begins to run shall not
be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday
in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday.
Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing.
Authority to resolve protests; hearing officer(s).
Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City
Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers
pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five
working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve
any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons
specified within ten days after he/she holds a hearing under the protest.
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(1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of
the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given
to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from
alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a
recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The
engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers
appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis.
(2) Right of protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved
with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this
section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of
intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and
the actual protest must each be timely received by the chief procurement officer and must comply with all
requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the
actual protest within the specified timeframes will result in an administrative dismissal of the protest.
(3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a
hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate
why the decision of the city relative to the solicitation or the award, which may include a recommendation for award
by the city manager to the city commission, as applicable, should be overturned. The party recommended for award,
if it is a protest of award, shall have a right to intervene and be heard.
(4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows:
a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the
hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the
protester.
b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine
witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the
protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of
which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest
hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing
officer shall consider the written protest and supporting documents and evidence appended thereto, supporting
documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award
being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting
his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing
officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city
response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of
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multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing
shall not exceed a total of one day.
c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer,
irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type
commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or
not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written
summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the
hearing and issue a final order within the time limits set forth by this section.
d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential
requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion,
or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion.
e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager,
the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final
order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as
applicable.
f. The decisions of the hearing officer are final in terms of city decisions relative to the protest.
Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate
Procedure.
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.
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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.
Costs.
All costs accruing from a protest shall be assumed by the protestor.
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 $5,000.00, 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 filing fee shall be forfeited to the city in lieu of payment of costs for the
administrative proceedings as prescribed by subsection (e) above. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629, §
2, 9-8-16).
1.76. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to
the City. If not destroyed by testing, 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.
1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Proposer 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.
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1.78. SERVICE AND WARRANTY - When specified, the Proposer shall define all warranty, service and
replacements that will be provided. 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.
1.79. 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 are 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 Proposer shall quote not more than the contract price; failure to comply with this request will
result in disqualification of proposal.
1.80. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall 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 RFP, RFQ, or RFLI. NO EXCEPTIONS. 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 envelo box package. The face of the envelope, box or
package must show the hour and date specified for receipt orNsponses, the solicitation number and title, and the
name and return address of the Proposer. Hardcopy responses not submitted on the requisite Response Forms may
be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive.
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE., TURN
LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN
RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON
RIGHT.
FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR.
CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B.Facsimile responses will not be considered.
C.Failure to follow these procedures is cause for rejection of proposal.
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D.The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the
responsibility of Proposer. The City of Miami is not responsible for delays caused by the United States mail
delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be
returned unopened and will not be considered for award.
E. Late responses will be rejected.
F.AII 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.
1.81. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government.
Exemption certificates will be provided upon request. Notwithstanding, Proposers should be aware of the fact that
all materials and supplies which are purchased by the 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 Proposer.
1.82. 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.
1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a
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.
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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.
1.84. 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.
1.85. 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.
1.86. 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.
1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified 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 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.
1.88. 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.
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1.89. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, 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 pavement resurfacing and roadway repair services, as
specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted via the BidSync Electronic Bidding
System (BidSync), with a copy filed with the Office of the City Clerk via email at Clerks@miamigov.com, 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 September 24, 2020 at 2:00 PM. All responses to questions will be sent to
all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR
AFTER SAID DEADLINE.
2.3. SUBMISSION AND RECEIPT OF RESPONSE
Electronic Bid submittals to this IFB shall be submitted through the BidSync Electronic Bidding System
("BidSync") until the date and time as indicated in the Solicitation. The responsibility for submitting a Bid on/or
before the stated closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way
be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Bid
submissions may require the uploading of electronic attachments. The submission of attachments containing
embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual
files and labeled. Any Bids received and time stamped throughAidSync, prior to the Bid submittal deadline, shall
be accepted as a timely submittal and anything the�dafthermwill as Bids will be opeed. Additionally, n d promptly at theidSync will not low for
time and
the electronic Bid submittal after the closing date lapsed.
date specified.
All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection
therewith, shall be borne by the Bidder(s). Accordingly, Bidder(s):
1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account
in order to have access to view and/or respond to any solicitations issued by the City of Miami's
Procurement Department ("City").
2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS.
3. Must submit the Certification Statement and associated solicitation documents which define requirements
of items and/or services to be purchased and must be completed and submitted as outlined within the
solicitation via BidSync. The use of any other forms and/or the modification of City forms will result in the
rejection of the Bidder's Bid submittal.
4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to
comply with these requirements may cause the Bid to be rejected.
5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it
electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE
BID NON -RESPONSIVE.
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6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation.
This clause supersedes General Terms and Conditions Section 1.62, Preparation of Bids (Hardcopy) and 1.80,
Submission and Receipt of Bids, in their entirety.
2.4. PRE -BID CONFERENCE
A Virtual Voluntary pre -bid conference will be held on September 18, 2020 at 10:00 AM, via this link or via
phone (786) 530-7005; Conference ID: 685822220#. A discussion of the requirements of the Solicitation will occur
at that time.
All questions and answers affecting the scope of work/specifications of the IFB will be included in an addendum,
that will be distributed through BidSync, following the Pre -Bid Conference to all the attendees. Because the City
considers the Pre -Bid Conference to be critical to understanding the Solicitation requirements, attendance is highly
recommended.
It is the Bidder's responsibility, prior to submitting a bid, to acquaint himself/herself thoroughly, regarding any and
all conditions and/or requirements that may in any manner affect the work to be performed. No allowances will be
made because of lack of knowledge of these conditions.
2.5. BIDDERS MINIMUM REQUIREMENTS
Bids will be considered only from firms that are regularly engaged in the business of providing the services as
described in this bid; and that have adequate financial support, equipment and personnel to ensure that they can
satisfactorily provide the goods and/or services if awarded a contract under the terms and conditions herein
stated. The minimum qualifications for this bid are that the Successful Bidder shall, as of Bid Due Date:
1. Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving
the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on
any previous contract with the City.
2. Have no record of pending lawsuit or criminal activities, and have never been declared bankrupt within the last
three (3) years.
3. Have adequate financial support, equipment, and organization to ensure that they can satisfactorily provide the
goods and/or services if awarded a Contract under the terms and conditions herein stated.
4. Have a current certified license as a General Contractor from the State of Florida Construction Industry License
Board for the class of work to be performed, OR the appropriate Certificate of Competency or the State Contractor's
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Certificate of Registration as issued by Broward or Miami -Dade County Code, which authorizes the Successful
Bidder to perform the proposed work. License/Certifications shall be provided with the bid response.
5. Have a satisfactory record of performance for at least three (3) years.
6. Be registered as an entity with the Florida State Department, Division of Corporations, for a minimum of the last
three (3) consecutive years, authorizing said entity to do business within the State of Florida.
*NOTE: Holder of all licenses must be an employee of the Successful Bidder. Licenses and certifications shall
be provided in the bid response.
If any or all work required in conjunction with this bid is performed by a subcontractor(s), an applicable Certificate
of Competency issued to the subcontractor(s) shall be submitted with the Bidder's proposal.
2.6. METHOD OF AWARD
This Solicitation is divided into two (2) Groups: Group 1 - Federally Funded Projects; and Group 2 - Non -Federally
Funded Projects. Bidders can bid on one Group or both Groups, using the applicable Bid Price Sheet(s).
Award of this contract will be made to the lowest responsible and responsive bidder(s), who bid on all items in the
aggregate, meeting Specifications. The City shall select up to three (3) vendor(s), with the lowest deemed the
"primary vendor" and the next lowest the "secondary vendor", and so on, in the order of lowest prices provided to the
City. Should the "primary vendor" not be able to provide the item at the time needed, the City has the option to
select the next lowest "secondary vendor" to fulfill the order ai sio forth.
2.7. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the
option to renew for two (2) additional two (2) year periods, subject to the availability of funds for succeeding fiscal
years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.8. 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.
(2) Availability of funds.
2.9. ESCALATION CLAUSE
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The City acknowledges the fluctuating nature of prices for items specified. Accordingly an escalator/de-escalator
clause will be accepted only under the following condition.
The Successful Bidder(s) will be allowed to increase/decrease their contractual prices annually to cover future
drastic fuel price changes. The market changes will be determined utilizing the Consumer Price Index for All Urban
Consumers (CPI -U), U.S. City Average, Miami -Ft. Lauderdale, FL., Gasoline (Unleaded Regular), and Index Base
Period between 2017 through 2020. The escalation using the CPI will be determined by the percent change in the
level of the CPI between the reference period and a subsequent time period. This will be calculated by first
determining the index point change between the two periods and then the percent change. The following example
illustrates the computation of percent change:
CPI for current period (2018) 136.0
Less CPI for previous period (2017) 129.9
Equals index point change 6.1
Divided by previous period CPI 129.9
Equals 0.047
Result multiplied by 100 0.047 x 100
Equals percent change 4.7
The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or
pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is,
by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the
Successful Bidder(s) control, (2) the volatility affects the marke lace or industry, not just the particular contract
source of supply, (3) the effect on pricing or availability of sup 'is substantial, and (4) the volatility so affects the
Successful Bidder(s) that continued performance of the contract would result in a substantial loss. Successful
Bidder(s) might have to supply documentation to justify any requested percentage increase in cost to the City
of Miami.
2.10. SPECIFICATION EXCEPTION
Specifications are based on the most current information 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 their 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 their 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.
2.11. NON -APPROPRIATION OF FUNDS
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In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this contract, then the City, upon written notice to the Successful
Bidder(s)/Proposer(s) of such occurrence, shall have the unqualified right to terminate the contract without any
penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded
to any firm(s).
2.12. INSURANCE REQUIREMENTS
The Successful Bidder(s) shall furnish to City of Miami, do Procurement Department, 444 SW 2nd Avenue, 6th
Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained
which meets the requirements as outlined below:
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Products/Completed Operations $ 1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
Contingent and Contractual Liability
Premises and Operations Liability
Explosion, Collapse and Underground Hazard
Primary Insurance Clause Endorsement
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
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III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
A. Employer's Liability
Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
IV. Umbrella Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 2,000,000
Aggregate $ 2,000,000
City of Miami listed as an additional insured. Coverage is excess follow form over the general liability and auto
policies.
V. Owners and Contractors Protective Liability
Each Occurrence
Policy Aggregate
City of Miami listed as the named insured
$1,000,000
$1,000,000
The above policies shall provide the City of Miami with written notice of cancellation or material change
from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to
policy provisions.
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals,
which most nearly reflect the operations of the bidder.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
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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 bidder of their 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 Bidder shall be responsible for
submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of
such expiration.
In the event that expired certificates are not replaced with new or renewed certificates which cover the
contractual period, the City shall:
• 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.
• 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 Gemet'al and Special Terms and Conditions of the
Solicitation.
The Successful Bidder shall be responsible for assuring that the insurance certificates required in conjunction with
this Section remain in force for the duration of the contractual period; including any and all option terms that may be
granted to the Successful Bidder. See Attachment A - Insurance Addendum.
2.13. BID BOND
All bids must be accompanied by a Bid Bond in the amount of 5% of the total bid submitted, to be in the form of a
Cashier's Check or Money Order made payable to the City of Miami; a bond written by a surety company
authorized to do business in the State of Florida and shall comply with State Statute 287.0935. The bond, from all
unsuccessful bidders, if in the form of a Cashier's Check, will be returned after bid award. Prospective Bidders may
either (1) utilize the BidSnyc "Surety 2000" platform to submit bid bonds or (2) mail in their original bid bond to the
City. If option #2 is utilized, Bidder shall submit a copy of the bid bond with their electronic bid submission.
2.14. REFERENCES
Each bid must be accompanied by a list of three (3) references, by completing Attachment B - Reference Submittal
Form. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. These references must be from contracts within
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Invitation for Bid (IFB) 1115382
the last three (3) years and for services as described in this solicitation.
2.15. CURES
Please refer to Attachment C - APM Regarding Cures and Section 1.56, Notice Regarding "Cures" of the General
Terms and Conditions of this Solicitation.
2.16. TIE BIDS
Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for
the procurement of commodities or contractual services, a Bid received from a business that certifies that it has
implemented a drug -free workplace program shall be given preference in the award process. Established procedures
for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to
have a drug -free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against
employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a
drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of
the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and
will notify the employer of any conviction of, or plea of guilty iipolo contendere to, any violation of Chapter 893 or
of any controlled substance law of the United States or any state or a violation occurring in the workplace no later
than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program, if such is available in the employee's community, by any employee who is so convicted.
(6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section.
2.17. PROJECT MANAGER
Upon award, Successful Bidder shall report and work directly with the City Engineer assigned, or designee, who
shall be designated as the Project Manager(s) for the City.
2.18. SUBCONTRACTOR(S)
Bidder must list any or all subcontractor(s) that may be utilized to assist in the performance of the work specified
herein on Attachment D - Subcontractors, if applicable. Any subcontractor(s) listed must meet the same
requirements and submit the same information listed under the Bidder's Minimum Qualifications section. All
information required shall be included in the solicitation response. If Bidder does not include any subcontractor(s)
as part of its bid submittal, it will be construed that bidder will be able to handle the entire workload by itself and
will not be allowed to subcontract any of the work unless it request in writing the hiring of subcontractor(s) with the
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aforementioned requirements attached to its request within seventy two (72) hours of considering hiring
subcontractor(s). The City will grant or deny such request in writing within forty-eight (48) hours of receiving said
request.
2.19. CONTINGENCY
Items so entitled on the Bid document shall be the cash allowance sum per contract year, and in the amount
indicated. These shall be included in the Bid to provide funds for payment for items of work not foreseen at the time
of bidding. Payment from these Bid Items will be made only as directed by the Project Manager, or designee. The
Successful Bidder is not obligated to contingency funds and should not expect to receive them unless used for work
not foreseen at the time of bidding.
2.20. RESPONSE TIME
A twenty-four (24) hour response time is required. Failure to respond to any assigned project within the specified
time will result in the successful vendor paying any and all costs associated with the repairs performed by a
secondary vendor.
2.21. COMPLETED WORK
The City shall be notified by the Successful Bidder upon completion of work. The City shall inspect and approve
completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Successful
Bidder at no additional charge to the City.
2.22. EMERGENCY/DISASTER PERFORMANCE
In the event of a hurricane or other emergency or disaster situation, the Successful Bidder(s) shall provide the City
with services defined within the scope of work of this solicitation at the price contained within the Successful
Bidder(s)' bid response. Further, the Successful Bidder(s) shall perform for the City on a priority basis during such
times of emergency.
2.23. METHOD OF PAYMENT
Payment will be made within forty-five (45) calendar days, in accordance with Florida Statutes Sections 218.73 and
218.74 of the Prompt Payment Act for services rendered the previous month, upon submission of properly
certified/approved invoices. All such information shall be provided to the City Project Manager, or designee.
The City will pay the contract price minus any liquidated damages and/or other damages to the Successful Bidder
upon completion and acceptance. Damages caused by the Successful Bidder's employees shall be estimated by the
City Project Manager, or designee and computed actual costs and repairs shall be deducted from the Successful
Bidders total monthly billing.
Each invoice shall include total cost as well as, proof of payment to subcontractors and suppliers with corresponding
release of liens forms and affidavits.
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2.24. LIQUIDATED DAMAGES
Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the
time stated, shall result in liquidated damages being assessed. The Successful Bidder shall be subject to an
assessment of liquidated damages in the amount of $100.00 for each and every calendar day the work remains
incomplete (not to exceed the total amount of the contract), as compensation due to the City for loss of use and for
additional costs incurred by the City due to such incompletion of the work. The City shall have the right to
deduct said liquidated damages from any amount due or that may become due to the Successful Bidder under this
agreement or to invoice the Successful Bidder for such damages if the costs incurred exceed the amount due to the
Successful Bidder.
2.25. CONTRACTOR TO BE REPRESENTED
The Successful Bidder, at all times, must either be personally present at the worksite or be represented at the
worksite by a responsible agent or agents designated by the Successful Bidder in written notice to the City prior to
the beginning of work. Such notification shall include pertinent data such as addresses, phone numbers, etc., where
said agent or agents may be contacted at any time of the day or night. The agent or agents shall be clothed with full
authority to act for the Successful Bidder in all cases, and to carry out any instructions relative to the work may be
given by the City.
2.26. USE OF PREMISES
The Successful Bidder shall confine their equipment, apparatus, the storage of materials, and the operation of their
workmen to the limits indicated by law, ordinances, permits, or direction of the Project Manager, or designee, and
shall not unreasonably encumber the premises with his/her materials. The Successful Bidder shall take all measures
necessary to protect their own materials.
2.27. 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
Successful Bidder, at their 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.)
2.28. PUBLIC CONVENIENCE AND SAFETY
The Successful Bidder shall conduct their work so as to interfere as little as possible with private business or public
travel. The Successful Bidder shall, at their own expense, whenever necessary or required, maintain barricades,
maintain lights, and take such other precautions as may be necessary to protect life and property, and the Successful
Bidder shall be liable for all damages occasioned in any way by their actions or neglect or that of their agents or
employees.
The Successful Bidder shall meet the following noise abatement performance standards for all construction
equipment. The operation or permitting the operation of any tool or equipment is prohibited:
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1. Between the hours of 6:00 PM and 8:00 AM the following day on weekdays, or at any time on Sundays or
holidays, such that the sound therefrom creates a noise disturbance across and at a residential district
boundary or within a noise sensitive zone, except for emergency work of public service utilities or by
special permission issued pursuant to subsection (c) of City of Miami Ordinance Section 36-6, Construction
Equipment.
2. At any other time, such that the sound level at or across a real property boundary exceeds a reading of 0.79
weighted average dBA for the daily period of operation. Such sound levels shall be measured with a sound
level meter manufactured according to standards prescribed by the American National Standards Institute.
2.29. SAFETY MEASURES
Successful Bidder shall take all necessary precautions for the safety of employees, and shall erect and properly
maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs
warning against hazards created by their operation and work in progress must be posted.
All employees of Successful Bidder shall be expected to wear safety eyewear, appropriate clothing, and hearing
protection when and wherever applicable. The Successful Bidder shall use only equipment that is fully operational
and in safe operating order. Successful Bidder shall be especially careful when servicing property when pedestrians
and/or vehicles are in close proximity - work shall cease until it is safe to proceed.
2.30. ENVIRONMENTAL REGULATIONS
The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations
in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder non -responsible if the
history of violations warrant such determination in the opinion 4he City.
2.31. ADDITIONS/DELETIONS OF SERVICES/ITEMS/SUPPLIERS
Although this Solicitation identifies specific services/items to be serviced, it is hereby agreed and understood that
any service/item/supplier may be added/deleted to/from this contract at the option of the City. When an addition to
the contract is required, the Successful Bidder(s) under this contract shall be invited to submit price quotes for these
new services/items. If these quotes are comparable with market prices offered for similar services/items, they shall
be added to the contract whichever is in the best interest of the City and an amendment and a separate purchase
order shall be issued by the City. If these quotes are not comparable with market prices offered, they shall be quoted
by additional suppliers and an amendment and separate purchase order shall be issued by the City.
2.32. ADDITIONAL CONTRACTOR(S) OR SUBCONTRACTOR(S)
There are no implied or express guarantee that all Successful Bidders under this contract will receive work
assignments during any given catastrophic events such as tornadoes, hurricanes, severe storms or any other public
emergency. However, the City reserves the right to assign work to multiple Successful Bidders at any given point in
time, add Contractor(s) who were not part of the initial award to the contract or direct Successful Bidder(s) to hire
Subcontractor(s), which may or may not be part of this bid contract, to expedite the clean-up efforts of debris to
restore normalcy and order to the lives of City residents, businesses, and general public in an expeditious manner.
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2.33. FAILURE TO PERFORM
Should it not be possible to reach the Successful Bidder or supervisor and/or should remedial action not be taken
within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to
declare the Successful Bidder in default of the contract or make appropriate reductions in the contract payment.
2.34. TERMINATION
A. FOR DEFAULT
If Successful Bidder defaults in its performance under this Contract and does not cure the default within 30 days
after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice
without penalty to the City of Miami. In such event the Successful Bidder shall be liable for damages including the
excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that
the Successful Bidder was not in default or (2) the Successful Bidder's failure to perform is without their or their
Subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience
of the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in
the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so
terminated for the convenience by the City of Miami the Successful Bidder will be compensated in accordance with
an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of
Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services
rendered prior to termination.
2.35. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included as part of your solicitation response shall be evaluated or considered,
and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this
solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in
transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General
Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that
the Bidder's authorized signature affixed to the Bidder's/Proposer's acknowledgment form attests to this.
2.36. FEDERALLY FUNDED PROJECTS
2.36.a) INTRODUCTION
This section applies to all projects funded with federal dollars. Section 2.1 also applies to this Group. Bidders must
use the applicable Federal Funded Bid Price Sheet (Attachment H) for this bid when pricing for Group 1.
2.36.b) LOCAL PREFERENCE
Local Preference does not apply to responses on the Federally Funded Bid Price Sheet for this IFB.
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2.36.c) DAVIS-BACON ACT
Federally assisted construction contracts must adhere to Davis -Bacon Act wages and benefits rate schedules. Each
Bidder shall use the Federal Wages reflected in Wage General Decision Number - FL20200178, in developing its
bid for this project. The selected bidder/contractor shall be required to provide certified payroll records documenting
the work performed on this project. See Attachment E - Davis Bacon - General Decision Number for Wage
Rates.
Wage General Decision Number- FL20200178 can be found in the Attachment Section under Attachment E.
2.36.d) COMPLIANCE WITH COPELAND "ANTI -KICKBACK" ACT
1. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as
may be applicable, which are incorporated by reference into this contract.
2. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the
FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor
or lower tier subcontractor with all of these contract clauses.
3. A breach of the contract clauses above may be grounds for termination of the contact, and for debarment as a
Contractor and subcontractor as provided in 29 C.F.R. § 5.12.
2.36.e) COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS ACT
1. Overtime Requirements: No Contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics sha require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work t k in excess of forty (40) hours in such workweek
unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of
pay for all hours worked in excess of forty (40) hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in
paragraph (1) of this section, the Contractor and any subcontractor responsible therefore shall be liable for the
unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in case of the
work done under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this
section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause
set forth in paragraph (1) of this section.
3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or
any other Federal contract with the same Contractor, or any other federally -assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as
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provided in the clause set forth in paragraph (2) of this section.
4. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4)
of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract.
The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in paragraph (1) through (4) of this section.
2.36.0 PARTS AT PASS -THROUGH COST (FOR REPAIRS OUTSIDE THE SCOPE OF WORK)
All cost for parts required for repair jobs and not otherwise included in the scope of work shall be billed at the
Contractor's actual cost, and will be passed on to the City without markup or any additional fees. The Contractor
shall submit purchase receipt of parts along with the labor invoice for payment.
The Contractor shall be responsible for sourcing all parts necessary to complete the work requirements of each job
specification. Replacement parts furnished must be of the same manufacturer or an 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/materials shall not be specified or installed in the facilities.
2.36.g) EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, or national origin. The Contractor will take of ve action to ensure that applicants are employed,
and the employees are treated during employment without reg o their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor,
state that all qualified applicants will receive considerations for employment without regard to race, color, religion,
sex, or national origin.
3. The Contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or
workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
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5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to
his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of
the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and
the Contractor may be declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of
paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or order of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to
any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency
the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
2.36.h) CLEAN AIR ACT
1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act, as amended, 42 U.S.C. § 7401 et seq.
2. The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of
Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management
Agency, and the appropriate Environmental Protection Agency Regional Office.
3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or
in part with Federal assistance provided by FEMA.
2.36.i) FEDERAL WATER POLLUTION CONTROL ACT
1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal
Water Pollution Control Act, as amended, 33 U.S.C.1251 et seq.
2. The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of
Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management
Agency, and the appropriate Environmental Protection Agency Regional Office.
3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or
in part with Federal assistance provided by FEMA.
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2.36.j) NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the
non -Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract.
2.36.k) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)
applies to the Contractor's actions pertaining to this contract.
2.36.1) BYRD ANTI -LOBBYING AMENDMENT, 31.U.S.C. § 1352 (AS AMENDED)
Bidders who bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing
or attempting to influence an officer or employee of any agency, a member of Congress, officer, or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any
other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that
take place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the
recipient.
Please refer to Attachment F - Certification Regarding Lobbying. It is MANDATORY for the Bidder to return
this form signed along with their bid reponse.
2.36.m) PROCUREMENT OF RECOVERED MATERIALS'',
1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered
materials that are EPA -designated items unless the product cannot be acquired;
a. Competitively within a timeframe providing for compliance with the contract performance schedule;
b. Meeting contract performance requirements; or
c. At a reasonable price.
2. Information about this requirement, along with the list of EPA -designate items, is available at EPA's
Comprehensive Procurement Guidelines web site,
https://www.epa. gov/smm/comprehensive-procurement-guideline-cpg-program.
2.36.n) DHS SEAL, LOGO, AND FLAGS
The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency
officials without specific FEMA pre -approval.
2.36.o) COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
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This is an acknowledgement that FEMA financial assistance will be used to fund this contract only. The Contractor
will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and
directives.
2.36.p) ACCESS TO RECORDS
1. The Contractor agrees to provide the City of Miami, the FEMA Administrator, the Comptroller General of the
United States, or any of their authorized representatives access to any books, documents, papers, and records of the
Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts,
and transcriptions.
2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy
excerpts and transcriptions as reasonably needed.
3. The Contractor agrees to provide the FEMA Administrator or his authorized representatives' access to
construction or other work sites pertaining to the work being completed under the contract.
2.36.q) SUSPENSION AND DEBARMENT (IN ADDITION TO GENERAL TERM AND CONDITIONS,
SECTION 1.25)
(1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the
Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its
affiliates (defined in 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpartCand 2 C.F.R. pt. 3000, subpart C and must include
a requirement to comply with these regulations in any lower tier covered transaction it enters too.
(3) This certification is a material representation of fact relied upon by the City of Miami. If it is later determined
that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment.
(4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C while this offer is valid and throughout the period of any Contract that may arise from this offer. The
Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.
2.37. NON -FEDERALLY FUNDED PROJECTS
2.37.a) INTRODUCTION
This section applies to all projects that are non -federally funded. Section 2.1 also applies to this Group. Bidders
must use the applicable Bid Price Sheet (Attachment H) for this bid when pricing for Group 2.
2.37.b) LIVING WAGE ORDINANCE
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The City of Miami Living Wage Ordinance is applicable to this service contract. Please refer to Section 1.38 of the
General Terms and Conditions for further information and guidance on how to comply with this ordinance.
2.37.c) PERFORMANCE BOND
Within ten (10) working days following notice of award by the City, the Successful Bidder shall furnish to the City
of Miami, a Performance Bond in the total amount of the Cost to the City for the period of the contract (to be
determined at the time of award). The Performance Bond can be in the form of a Cashier's Check, made payable to
the City of Miami; a bond written by a surety company authorized to do business in the State of Florida and shall
comply with State Statute 287.0935; or an Irrevocable Letter of Credit. If the latter is chosen, it must be written on a
bank located in Miami -Dade County, be in the amount of the contract and should clearly and expressly state that it
cannot be revoked until express written approval has been given by the City of Miami. The City, to draw on same,
would merely have to give written notice to the bank with a copy to the successful contractor.
2.37.d) LOCAL PREFERENCE
Attachment G - Local Office Preference applies to Group 2, Non -Federally Funded Projects.
•
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3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
BIDDERS ARE NOT REQUIRED TO ENTER A UNIT PRICE IN THE LINE ITEM LISTED IN THE ACTUAL
IFB WHEN SUBMITTING VIA HARDCOPY RESPONSE. BIDDERS SHALL SUBMIT THEIR BID PRICES
UTILIZING ONE OR BOTH TABS ON ATTACHMENT H - BID PRICE SHEET.
INTRODUCTION
The City of Miami, herein referred to as the City, is soliciting response from experienced firms to provide pavement
resurfacing and roadway repair services throughout the City. The Bidder must bid on all items to be considered for
award of this solicitation.
,SERVICES COVERED
The Successful Bidder shall furnish all labor, machinery, tools, modes of transportation, debris disposal, supplies,
equipment, materials, water, diesel fuel and services necessary to perform the complete pavement resurfacing and
roadway repair services anticipated as work to be performed under this contract. Complete pavement/repair service
includes, but is not limited to the following:
1. Milling and resurfacing (includes controlled/variable milling to re-establish roadway longitudinal and cross
slopes);
2. Installation of asphalt overlay, chip seal, fog seal, and/or micro -surfacing;
3. Removal and/or replacement of existing asphalt, lime rock, and subgrade;
4. Re-grading/reworking and compaction of lime rock road base and stabilized subgrade;
5. Widening existing streets;
6. Resurfacing of asphaltic pathways (pedestrian, bicycle, etc.);
7. Temporary utility repairs (hot mix asphalt patches);
8. Clearing, grubbing, root removal and excavation of shoulder areas;
9. Asphalt build-up removal;
10. Non-destructive pavement marking removal;
11. Thermoplastic and paint pavement markings (including all standard symbols and FDOT-approved, preformed,
thermoplastic green & white bicycle lane markings);
12. Reflective pavement markers (RPMs);
13. Reflective roadway/highway delineators;
14. Repairs, removal, replacement, and extensions of concrete roadway panels, sidewalks, curb and gutter, and
pedestrian ADA ramps; and
15. Adjustments to or minor repairs of utility structure manhole tops, inlet frames/grates, valve boxes, etc. within the
public right-of-way.
ASSIGNMENT OF WORK
Work will be assigned to the Successful Bidder through the issuance of a work order or "task order" as written and
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approved by the Department of Resilience and Public Works (RPW) and agreed upon by the Successful Bidder.
Each task order will clearly define the limits and scope of work along with a required timeline for starting and
completing work under that task order. Work shall be completed within the agreed -upon timeframe under each task
order to avoid incurring liquidated damages or being defaulted. Task orders may or may not be accompanied by a
set of engineered construction drawings; as such, the Successful Bidder may be required to work with RPW staff to
fully define a task order's scope and may have to adjust their work in the field during construction, as directed by
RPW staff.
REGULATIONS
The Successful Bidder shall be familiar with and follow all City of Miami RPW Design and Construction Standards,
City Codes and RPW Bulletins, as well as Miami -Dade County Department of Transportation and Public Works and
the State of Florida Department of Transportation standards for roadway design, construction, and permitting.
All contractors are required to follow City, County, and State requirements for pollution prevention — including
submission of SWPP Plans and installation and maintenance of stormwater system protective BMPs for each
project/task order. 10% retainage will be withheld on partial payments for each task order, until all work is inspected
and accepted as complete by RPW Project Manager.
PERMITS
The Successful Bidder shall submit for and obtain all required local, state, and federal permits, as applicable, (e.g.
Excavation, Special Events/Police, Right -of -Way Closures, NPDES, etc.) prior to mobilizing and beginning
construction activities on any assigned work orders/task orders.
OVERTIME WORK HOURS
For the purpose of this contract, overtime work hours are defined as:
1. Monday thru Saturday — 6pm to 8am.
2. Sunday — at any time during the day or night.
3. City observed holidays at anytime during the day or night.
Successful Bidder(s) shall only work overtime hours, per the permitting requirements or as directed by the City.
Typically, the services being conducted during these hours are milling, paving, striping, and minor concrete
curb/sidewalk work.
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ATTACHMENT A
INSURANCE ADDENDUM
INSURANCE DEFINITIONS, REQUIREMENTS AND
CONDITIONS
The VENDOR/CONTRACTOR agrees to provide and maintain throughout the life of this contract and at
Vendor/Contractor's expense insurance coverage outlined herewith as applicable insuring all operations
related to the contract and any extensions thereof.
Workers Compensation and Employers Liability
Statutory and subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming
from workplace accidents. It provides for medical care to injured employees, along with compensation
for lost income.
Commercial General Liability
It protects against accidents and injuries that occur on company property or the property of a customer.
It compensates an injured person or owner of property for injuries and property damages, and the cost
of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting
from products exposures, libel, slander, copyright infringement and other personal and advertisement
injuries.
Commercial Automobile Liability
It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims,
collision and other than collision physical damage. In addition, this policy affords coverage on autos that
are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by
employees or members of their households.
Non Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy.
Professional/Errors and Omissions Liability
Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers,
insurance agents, court reports, dentists, nurses and teachers. It protects against the financial effects of
liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to
incompetence, errors or negligence.
Umbrella Liability
It protects against liability and losses after primary insurance benefits have been exhausted. This
supplemental coverage kicks in only after the underlined liability policies have paid their maximum
benefits.
Environmental Liability
It protects against the financial costs of claims of injury or damage due to pollution, and other costs of
cleaning up pollutants. These policies are designed to cover both property and liability risks.
Directors and Officers Liability
This coverage protects against claims from stockholders, employees and clients that are also aimed
individually at directors and officers. These claims typically stem from errors in judgement, breaches of
duty and wrongful acts in connection with company business.
Cyber Liability
It protects against costs of the theft, destruction or unauthorized use of electronic data through computer
viruses or network intrusions. It also adds protection to a business against such costs if a business fails to
safeguard another party's electronic data. Companies sharing data outside their internal network benefit
from this coverage
Commercial Property
It protects against claims or damages to the insured's buildings, business personal property and personal
property of others. It can also provide for loss of business income coverage or extra expenses incurred
because of physical loss by a covered peril to the insured's property.
Commercial Crime
It protects against loss of money, securities and other property because of a variety of criminal acts such
as employee theft or embezzlement, burglary, robbery, forgery, computer fraud, kidnapping and
extortion. Crime insurance also covers money and securities against damage or destruction by almost any
cause of loss, not just crime.
Builders Risk
It protects against damage to or destruction of buildings or other structures during their construction. Any
party with a financial interest in a construction, remodeling, or repair project benefits from this coverage.
Surety Bonds
Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for
the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will
be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly
performed.
Valuable Papers
It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined
to include almost all forms of printed documents or records with the exception of money or securities,
and data and media which is usually excluded.
Additional Requirements
The Vendor/Contractor must furnish the City of Miami, Department of Procurement, and Risk
Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to
be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies
indicated on the certificate must be in compliance with all Contract requirements. The failure of the City
to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any
requirements for the Vendor/Contractor.
The Vendor/Contractor must furnish Certificates insurance listing the City of Miami as an additional
insured. All insurance certificates must be signed, dated and reference the City contract number.
The insurance must provide for sixty (30) days prior written notice to be given to the City in the event
coverage is substantially changed, canceled, or non -renewed.
Any deductibles or self -insured retentions on referenced insurance coverages must be borne by
Vendor/Contractor. The Vendor/Contractor further agrees to have insurers waive their rights of
subrogation against the City of Miami, its employees, elected officials, agents, or representatives.
The coverages and limits furnished by Vendor/Contractor in no way limit the Vendor/Contractor's
liabilities and responsibilities specified within the Contract or law.
Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with
insurance provided by the Vendor/Contractor under the Contract.
The required insurance to be carried is not limited by any limitations expressed in the indemnification
language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of
law.
If the Vendor/Contractor is a joint venture or limited liability company, the insurance policies must name
the joint venture or Limited Liability Company and each of its separate constituent entities as named
insureds.
The Vendor/Contractor must require all subcontractors to provide the insurance required herein. All
subcontractors are subject to the same insurance requirements of the Vendor/Contractor unless
otherwise specified in this Contract.
If the Vendor/Contractor or subcontractor desire additional coverages, the party desiring the additional
coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the
contrary, the City of Miami Risk Management Department maintains and reserves the right to modify,
delete, alter or change these requirements.
I
Attachment B: Reference Submittal Form
IFB 1115382 — Pavement Resurfacing Services
FIRM NAME:
Reference
Section 2.14
Summarized Requirements: Refer to the details in Section 2 Special Conditions to verify that
the information provided will suffice as proof of meeting the requirements of this solicitation.
Past Performance Reference Check #1
Company/Organization Name:
Address:
Contact Person:
Contact Phone Number and Email:
Date of Contract or Sale:
Prime or Subcontractor:
Other (Description of Service, Total dollar value of Contract, etc.):
Past Performance Reference Check #2
Company/Organization Name:
Address:
Contact Person:
Contact Phone Number and Email:
Contact E-mail (if applicable):
Date of Contract or Sale:
Prime or Subcontractor:
Other (Description of Service, Total dollar value of Contract, etc.):
Past Performance Reference Check #3
Company/Organization Name:
Address:
Contact Person:
Contact Phone Number and Email:
Contact E-mail (if applicable):
Date of Contract or Sale:
Prime or Subcontractor:
Other (Description of Service, Total dollar value of Contract, etc.):
POLICY NUMBER:
APM- 2-19
DATE:
March 26, 2019
ISSUED BY:
Emilio T. Gonzalez, Ph.D.
Cit er/Desi
SIGNATURE
CITY OF MIAMI
IMCO P
IS I8
-17
*
ORATIO
ADMINISTRATIVE
POLICY
REVISIONS
REVISED DATE OF
SECTION REVISION
Created 3/26/19
SUBJECT: ELIMINATING THE PROCESS OF CURING IRREGULARITIES IN
DOCUMENTS SUBMITTED IN RESPONSE TO REQUEST FOR
QUALIFICATIONS (RFQ), REQUEST FOR PROPOSALS (RFP),
REQUESTS FOR LETTERS OF INTEREST (RFLI), INVITATION FOR
BIDS (IFB), INVITATION TO BID (ITB), INVITATION TO QUOTE
(ITQ), AND REQUEST FOR SPONSORSHIP (RFS) EFFECTIVE MAY
6, 2019
PURPOSE:
To improve the procurement solicitation process in order to provide internal and external customers with a
more efficient and effective procurement of goods and services for the City of Miami. This APM
establishes guidelines that eliminate the process of curing irregularities in proposals and bids submitted in
response to RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS.
BACKGROUND:
Currently, the Department of Procurement ("Procurement") allows Proposers and Bidders to cure certain
deficiencies, deviations, irregularities, omissions, and/or technicalities in proposals and bids submitted to
the City in response to RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS.
In collaboration with the Department of Innovation and Technology ("Dolt"), Procurement has identified
the process of curing as the cause of significant delays in formal solicitation process. When proposals and
bids require a cure, Procurement sends out a "Notice to Cure" to Proposers and Bidders who are then given
additional time to correct, complete, and re -submit the required documents. The process of curing is time
intensive and delays the procurement of necessary goods and services for the City; it prolongs the due
diligence review period and it stalls and delays the evaluation and selection process, resulting in the
extension of time between the issuance of an RFP, RFQ, RFLI, IFB, ITB, ITQ, or RFS solicitation and its
award date.
City of Miami APM 2-19 Elimination of Curing Irregularities in Documents Submitted for RFQs, RFPs, RFL1's IFBs,
fiBs, IFQs and RFS
Eliminating the process of curing will streamline and improve the overall procurement solicitation process
while making it more efficient by removing a source of delay, and more effective by concentrating due
diligence reviews only on complete and responsive proposals and bids. Additionally, it is not a common
procurement industry practice to allow cures. Other local public agencies such as Miami -Dade County and
the Miami -Dade County Public School System do not presently allow cures in such similar instances.
GUIDELINES:
Procurement will only review and evaluate proposals and bids that have been deemed responsive.
Responsive bids and proposals responses are defined by our Procurement Code.' Prospective
Proposers and Bidders should understand that non -responsive proposals or bids will not be reviewed and
will be eliminated from the evaluation and selection process.
The City will not consider the curing of any proposal or bid that fail to meet the minimum qualifications or
submission requirements of an RFQ, RFP, RFLI, IFB, ITB, ITQ, or RFS as applicable. Material
deficiencies, deviations, irregularities, omissions, and/or technicalities are not waivable.
Proposals and bids submitted with deficiencies, irregularities, omissions, and/or technicalities that deviate
from the minimum qualifications and/or submission requirements for RFQs, RFPs, RFLIs, IFBs, ITBs,
ITQs and RFS shall result in a non -responsive determination. The following list includes, but is not limited
to, proposal and bid deficiencies, deviations, irregularities, omissions, and/or technicalities that shall result
in a non -responsive determination for any solicitation issued on or after May 6, 2019:
If a proposal or bid is missing forms, or contains unnotarized forms, unsigned forms, incorrect forms, or
forms signed by any individual, other than the Proposer or Bidder, Proposer's or Bidder's team members,
and/or individuals attesting to the stated project experience, the Proposer or Bidder will not be given time
to cure the proposal or bid, and the City shall deem such proposal or bid non -responsive. The City, at its
sole discretion, reserves the right to waive minor deviations not listed above. Such minor deficiencies,
deviations, irregularities, omissions, or technicalities may be timely cured by the Proposer or Bidder, at the
sole discretion of the City. Material (i.e. substantial or notable) deficiencies, deviations, irregularities,
omissions, or technical issues cannot be cured by the Proposer or Bidder and are not waivable by the City.
For illustrative guidance please see below an excerpt from State of Florida procurement instructions
which discuss the difference in plain language between material and minor variances.
Responsive bidder, proposer, offeror, or respondent means a business which has submitted a bid, offer,
proposal, quotation or response which conforms in all material respects to the solicitation. Sec. 18-73, City
Code.
(Excerpt from 2012 WL 1155290 (Fla.Div.Admin.Hrgs.)
Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the
proposer to be responsive to this RFP. The responsiveness requirements are mandatory. Failure to meet
the responsiveness requirements will cause rejection of a proposal. Any proposal rejected for failure to meet
mandatory responsiveness requirements will not be evaluated.
2
City of Miami APM 2-19 Elimination of Curing Irregularities in Documents Submitted for RFQs, RFPs, RFLI's IFBs,
ITBs, ITQs and RFS
1.15 Material Deviations: The Department has established certain requirements with respect to proposals
to be submitted by Proposers. The use of shall, must or will (except to indicate simple futurity) in this RFP
indicates a requirement or condition which may not be waived by the Department except where any
deviation therefore is not material. A deviation is material if, in the Department's sole discretion, the
deficient response is not in substantial accord with this RFP's requirements, provides an advantage to one
Proposer over other Proposers, or has a potentially significant effect on the quantity or quality of items or
services proposed, or on the cost to the Department. Material deviations cannot be waived and shall be the
basis for rejection of a response. Because this is an RFP, the Department will apply this definition liberally
in reviewing responses in regard to service delivery.
1.16 Minor Irregularity: A variation from the RFP terms and conditions which does not affect the price
proposed or gives the proposer an advantage or benefit not enjoyed by the other proposers or does not
adversely impact the interests of the Department.
3
Title: PAVEMENT RESURFACING
ATTACHM ENT D
IFB No.: 1115382
List of Subco ntractors
Completion of Form
to be updated after a ward of the Contract as additional Subcontracto rs are added or changed. Submit additional pages as
neceassary.
Name of Firm
Address
Scope of Work
Licenses
Value of
Work
% of
Work
Note:
1. The work performed by Subcontractor(s) listed cannot equal more than fiftenn percent (15%) of the total work for the Contract.
2. The foregoing list of Subcontractors may not be amended after award of the Contract without the prior written approval of the City's
Project M anager identified in the So licitation, whose approval will not be unreasonabley withheld.
Name of Propose r:
Name of Individual Completing Form:
Date:
Signature:
6/16/2020 ATTACHMENT E - DAVIS BACON WAGE DECISION
"General Decision Number: FL20200178 01/03/2020
Superseded General Decision Number: FL20190178
State: Florida
Construction Type: Highway
County: Miami -Dade County in Florida.
HIGHWAY CONSTRUCTION PROJECTS
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.80 for calendar year 2020 applies to all contracts
subject to the Davis -Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015.
If this contract is covered by the E0, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.80 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2020. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process set
forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,
if it is higher than the conformed wage rate). The EO minimum
wage rate will be adjusted annually. Please note that
this EO applies to the above -mentioned types of contracts
entered into by the federal government that are subject
to the Davis -Bacon Act itself, but it does not apply
to contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2020
* ELEC0349-002 09/02/2019
Rates Fringes
ELECTRICIAN $ 35.36 12.77
SUFL2013-039 08/19/2013
Rates Fringes
CARPENTER $ 17.84 0.00
CEMENT MASON/CONCRETE
FINISHER, Includes Form Work $ 15.49 0.00
FENCE ERECTOR $ 12.82 0.00
HIGHWAY/PARKING LOT STRIPING:
Operator (Striping Machine) $ 15.07 0.00
HIGHWAY/PARKING LOT STRIPING:
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Painter
$ 12.13
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0.00
HIGHWAY/PARKING LOT STRIPING:
Operator (Spray Nozzleman) $ 11.16 0.00
INSTALLER - GUARDRAIL $ 13.43 0.00
IRONWORKER, ORNAMENTAL $ 13.48 0.00
IRONWORKER, REINFORCING $ 18.43 0.00
IRONWORKER, STRUCTURAL $ 16.42 0.00
LABORER (Traffic Control
Specialist incl. placing of
cones/barricades/barrels -
Setter, Mover, Sweeper) $ 11.59 0.00
LABORER: Asphalt, Includes
Raker, Shoveler, Spreader and
Distributor $ 12.31 0.00
LABORER: Common or General $ 10.69 0.00
LABORER: Flagger $ 12.53 0.00
LABORER: Grade Checker $ 12.41 0.00
LABORER: Landscape &
Irrigation $ 9.02 0.00
LABORER: Mason Tender -
Cement/Concrete $ 13.91 3.50
LABORER: Pipelayer $ 15.02 0.00
OPERATOR:
Backhoe/Excavator/Trackhoe $ 16.24 0.00
OPERATOR: Bobcat/Skid
Steer/Skid Loader $ 12.88 0.00
OPERATOR: Boom $ 18.95 0.00
OPERATOR: Boring Machine $ 15.29 0.00
OPERATOR: Broom/Sweeper $ 13.01 0.00
OPERATOR: Bulldozer $ 16.77 0.00
OPERATOR: Concrete Finishing
Machine $ 15.44 0.00
OPERATOR: Concrete Saw $ 14.43 0.00
OPERATOR: Crane $ 22.46 0.00
OPERATOR: Curb Machine $ 20.74 0.00
OPERATOR: Distributor $ 13.29 0.00
OPERATOR: Drill $ 14.78 0.00
OPERATOR: Forklift $ 16.32 0.00
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OPERATOR: Gradall $ 14.71 0.00
OPERATOR: Grader/Blade $ 20.22 3.85
OPERATOR: Loader $ 15.53 0.00
OPERATOR: Mechanic $ 18.03 0.00
OPERATOR: Milling Machine $ 14.67 0.00
OPERATOR: Oiler $ 16.32 0.00
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) $ 13.61 0.00
OPERATOR: Piledriver $ 17.23 0.00
OPERATOR: Post Driver
(Guardrail/Fences) $ 14.45 0.00
OPERATOR: Roller $ 13.67 0.00
OPERATOR: Scraper $ 12.01 0.00
OPERATOR: Screed $ 14.15 0.00
OPERATOR: Tractor $ 12.19 0.00
OPERATOR: Trencher $ 14.74 0.00
PAINTER: Spray $ 16.52 0.00
SIGN ERECTOR $ 12.96 0.00
TRAFFIC SIGNALIZATION:
Traffic Signal Installation $ 19.07 0.00
TRUCK DRIVER: Distributor
Truck $ 14.96
2.17
TRUCK DRIVER: Dump Truck $ 12.19 0.00
TRUCK DRIVER: Flatbed Truck $ 14.28 0.00
TRUCK DRIVER: Lowboy Truck $ 15.07 0.00
TRUCK DRIVER: Slurry Truck $ 11.96 0.00
TRUCK DRIVER: Vactor Truck $ 14.21 0.00
TRUCK DRIVER: Water Truck $ 13.17 1.60
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
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Employees must be permitted to use paid sick leave for their
own illness, injury or other health -related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
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Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
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interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
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ATTACHMENT F
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his/her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officers or employee of Congress, or an employee or a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that II subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The Contractor, , certifies or affirms the truthfulness and accuracy
of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this
certification and disclosure, if any.
Signature of Contractor/Contractor's Authorized Official
Name and Title of Contractor/Contractor's Authorized Official
Date:
CITY OF MIAMI LOCAL OFFICE CERTIFICATION
(City Code, Chapter 18, Article III, Section 18-73)
Solicitation Type and Number: (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456)
Solicitation Title:
(Bidder/Proposer) hereby certifies compliance with the Local Office
requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as
amended.
Local office means a business within the city which meets all of the following criteria:
(1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a
verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12)
months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for
purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a
minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or
owner of the local business; a post office box shall not be sufficient to constitute a local office within the city;
(2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a
term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately
preceding the date bids or proposals were received, and be available for review and approval by the chief
procurement officer or its designee; for recently -executed leases that have been in effect for any period less than
the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed
lease within the corporate limits of the city that documents, in writing, continuous business residence within the
corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids
or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for
review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent
checks or other rent payment documentation in writing that documents local office tenancy shall be available for
review and approval by the chief procurement officer or its designee;
(3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were
received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami -
Dade County, if applicable; and
(4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were
received for the purchase or contract at issue, any license or certificate of competency and certificate of use
required by either the city or Miami -Dade County that authorizes the performance of said business operations;
and
(5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be
eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting
documentation in support of this local office certification is borne by the business applicant submitting a bid or
proposal.
1
FORM -City of Miami Local Office Certification
7/22/2013
PLEASE PROVIDE THE FOLLOWING INFORMATION:
Bidder/Proposer Local Office Address:
Does Bidder/Proposer conduct verifiable, full-
time, on -site employment at the local office
for a minimum of forty (40) hours per
calendar week?
❑
YES
❑
NO
If Bidder/Proposer's Local Office tenancy is
pursuant to a lease, has Bidder/Proposer
enclosed a copy of the lease?
YES
NO
❑
N/A
Has Bidder/Proposer enclosed a copy of the
Business Tax Receipt (BTR) issued by the
City of Miami and Miami -Dade County?
City of Miami:
YES
NO
E
Exempt
Cite Exemption:
Miami -Dade County:
✓
YES
✓
NO
Exempt
Cite Exemption:
Has Bidder/Proposer enclosed a copy of the
license, certificate of competency and
certificate of use that authorizes the
performance of Bidder/Proposer's business
operations?
YES
N
NO
Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under
Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended.
Print Name (Bidder/Proposer Authorized Representative)
Signature
2
FORM -City of Miami Local Office Certification
7/22/2013
Date
STATE OF FLORIDA
COUNTY OF
Certified to and subscribed before me this day of , 20 , by
(Signature of Notary Public -State of Florida)
(NOTARY SEAL)
(Name of Notary Typed, Printed, or Stamped)
Personally Known OR Produced Identification
Type of Identification Produced
3
FORM -City of Miami Local Office Certification
7/22/2013
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Arthur Noriega V
City Manager
/ G�QGQdC� 4. ea/de/Leg-16m-
FROM:
Annie Perez, CPPO, Directo
Department of Procurement
DATE: October 23, 2020
SUBJECT: Recommendation of Award for
Pavement Resurfacing Services
REFERENCES: Invitation for Bid ("IFB")
No. 1115382
ENCLOSURES: Bid Tabulation
RECOMMENDATION:
Based on the findings below, the Department of Procurement ("Procurement") hereby recommends
award ofIFB No. 1115382 to H&R Paving, Inc. ("H&R Paving") the apparent responsive and
responsible Bidder, for the provision of pavement resurfacing services for the Department of
Resilience and Public Works ("Public Works"), on an as needed basis. The warded vendor, contract
terms, and amount are shown below.
Contract Number/Title: IFB No. 1115382, Pavement Resurfacing Services
Contract Amount:
Contract Term:
Recommended Vendors:
BACKGROUND:
The estimated contract amount is approximately $200,181.50 annually
for Group 1 — Non -Federally Funded Projects and $200,186.48
annually for Group — 2 Federally Funded Projects (approximately
$1,401,270.50 for Group 1; and $1,401,305.36 for Group 2 for all
seven (7) years).
Initial term for a period of three (3) years, with the option to renew for
two (2) additional two (2) year periods.
H&R Paving, Inc.
On September 11, 2020, Procurement on behalf of Public Works issued IFB No. 1115382, Pavement
Resurfacing Services, under full and open competition. Or October 9, 2020 at bid closing three (3)
bids were received. The bids were evaluated and tabulated following the guidelines published in the
bid. Two (2) bids were found to be non -responsive. H&R was the responsive and responsible Bidder.
Consequently, approval of this recommendation to award is requested. Your signature below will
indicate approval of th commendation.
Approved:
Arthur No
AP:tg
iega V. City Manager
Date: ;DI
) -1
c:
Nzeribe lhekwaba, Ph.D, P.E., Assistant City Manager, Chief of Infrastructure
Juvenal Santana, P.E., Director, Public Works
Yadissa A. Calderon, CPPB, Assistant Director, Procurement
PR21015
GROUP 1- NON -FEDERALLY FUNDED PROJECTS Matti ravin g
Line
Item
Item Descriptio n
Unit
Quantity
Unit Co st
BAFO
Total
1
MOBILIZATION, ROADWAY COMPLETE - Mobilization cost for task orders consisting of complete
ro adway/right-of-way work. Typically co nsists of many, multiple line items of work and may include all
trades required to execute all line items of work within this contract. Most "Roadway Complete" task
orders will mainly consist of milling & resurfacing/overlay/etc. with striping, utility adjustments, curb &
and swale work an d Af1A ramns (1 mo hili7ation ne r task order).
LS
1.
$ 5,000.00
N/A
$ 5,000.00
2
putte r mino r sidewalk
MOBILIZATION, ASPHALT - Mobilization cost for task orders mainly consiting of milling &
resurfacing/overlay/etc. with associated utility adjustments and striping work only (1 mobilization per
task order).
LS
1
$ 1.00
N/A
$ 1.00
3
MOBILIZATION, PATCHING - Mobilization cost for task o rders mainly consisting of utility trench and/o r
pothole patching requests and/or requests for roadway base soil condition investigations (1 mobilization
task order - 1 block of trench or 10 potholes per task order typ. ).
LS
1
$ 1.00
N/A
$ 1.00
4
per
MOBILIZATION, SIDEWALKS/CURBING - Mobilization co st for task orders mainly consisting of co ncrete
sidewalks, ADA ramps, and/o r curb & gutter wo rk o nly, includes associated mino r asphalt patching where
necessary (1 mobilization per task o rder).
LS
1
$ 1,500.00
N/A
$ 1,500 .00
5
MOBILIZATIO N, STRIPING - Mobilization co st for task orders mainly consisting of paint/thermoplastic
striping, messages, symbols, and/or bike/bus lane coating work only (1 mobilization per task order).
LS
1
$ 300.00
N/A
$ 300 .00
6
MOBILIZATION, ASPHALT STA MPING/PAINTING - Mobilization cost for task orders mainly consisting of
thermal stamping and/or colorized coating of specialty asphalt treatment areas (1 mobilizatio n per task
LS
1
$ 1.00
N/A
$ 1.00
7
RE -MOBILIZA TION - Fo r use only if paving equipment and/o r sidewalk/conctete crews already de-
mobilized from site, to address additional milling & resurfacing and/or ADA ramps as requested by Public
Wo rks Staff (1 mobilization per task order amendment)
LS
1
$ 1 .00
N/A
$ 1.00
8
NIGHTTIME/SUNDAY WORK ADD-ON - This is a lump sum, cost -per -day, add-on, to be paid when a
contractor is required to work, per permitting requirements or as directed by Public Works Staff, on
Sundays or at night. This pay item is to help compensate for increased co sts asso ciated with overtime
labor and enhanced MOT requirements in order to carry o ut work during non-standard working hours.
Tv niral hero' conducted under this add-o n will mainly consist of milling navin e strinine and minor
EA/DAY
1
$ 5,000 .00
N/A
$ 5,000.00
9
work
ROADWAY BASE SOIL ASSESSMENT, CONDITION A - Saw cut and remove an average of 2" thick existing
asphalt to expose and evaluate the condition of the base. If base is found suitable to the City of Miami's
Public Works Staff, clean loose material, recompact, and replace removed asphalt with Type SP -9.5 hot
concrete uo to the level of the surroundine surface.
SF
1
$ 3.00
N/A
$ 3.00
10
mix asphaltic
ROADWAY BASE SOIL ASSESSMENT, CONDITION B - Saw cut and remove an average of 2" thick existing
asphalt to expose and evaluate the condition of the base. If base is found unsuitable to the City of
Miami's Public Wo rks Staff, remove base material and replace with a minimum of 8" of compacted
limerock (LBR 100) and 2" of Type SP -9.5 ho t mix asphaltic co ncrete, or 6" of SP -9.5 h ot mix asphaltic
unto the level of the su rrounding surface.
SF
1
$ 3 .00
N/A
$ 3 .00
11
concrete
BARRICADES CONES/DRUMS - Temporary, the first 50 cones and/or drums are considered incidental to
all required work under each task order and not compensated for, drums incl. lights when required,
includes installation, maintenance, and removal.
EA/DAY
1
$ 0.50
$ 0.45
$ 0.45
12
BARRICADES TYPE II - Temporary, 2'-3', with flashing lights when required, includes installation,
maintenance, and removal.
EA/DAY
1
$ 0.50
$ 0.45
$ 0.45
13
BARRICADES TYPE III - Temporary, 6'-8', with flashing lights when required, includes installation,
maintenance, and removal.
EA/DAY
1
$ 0.50
$ 0.45
$ 0.45
14
WORK ZONE SIGNAGE - Includes all message and detour signage required per appro ved MOT plans, the
first 10 signs are co nsidered incidental to all required work under each task order and not co mpensated
for, includes installation, maintenance, and remov al.
EA/DAY
1
$ 100.00
N/A
$ 100.00
15
FLASHING ARROW BOARD - Temporary, multi -mode, includes installation, maintenance, and removal.
EA/DAY
1
$ 10. 00
N/A
$ 10.00
16
VARIABLE MESSAGE SIGN (VMS) - Message text to be as approved by City Staff or as required by FDOT
and County permitting, includes installation, maintenance, and removal.
EA/DAY
1
$ 25.00
N/A
$ 25.00
17
RE -GRADE EXISTING SWALE - Includes removal and disposal of excess material if necessary.
SY
1
$ 50.00
N/A
$ 50.00
18
BAHIA GRA SS SOD - Includes watering for establishment period.
SF
1
$ 5. 00
N/A
$ 5.00
19
ST AUGUSTINE FLORATAM GRASS SOD - Includes watering for establishment period.
SF
1
$ 5.00
N/A
$ 5.00
20
ASPHALT REMOVAL 0-2" - Removal and disposal of asphalt averaging 2" thick or less, includes sawcutting
edges of existing asphalt to remain.
SY
1
$ 25.00
N/A
$ 25.00
21
ASPHA LT REMOVAL 2" -4" - Removal and disposal of asphalt averaging over 2" up to 4" thick, includes
sawcutting edges of existing asphalt to remain.
SY
1
$ 25.00
N/A
$ 25.00
22
ASPHALT REMOVAL >4" - Removal and disposal of asphalt over 4" thick, includes sawcutting edges of
existing asphalt to remain.
SY
1
$ 25.00
N/A
$ 25 .00
23
CONCRETE REMOVAL 0-6" - Removal and disposal of concrete pads, sidewalks, or ro adway pavement
averaging 6" thick or less, includes sawcutting edges of existing pad/sidewalk/road section to remain.
SF
1
$ 2.79
N/A
$ 2.79
24
CONCRETE REMOVAL 6" -12" - Removal and disposal of co ncrete pads, sidewalks, or roadway pavement
averaging over 6" up to 12" thick, includes sawcutting edges of existing pad/sidewalk/road section to
SF
1
$ 5.00
N/A
$ 5 .00
25
EXCAVATION - Excavation and remov al of excess soils as shown on design plans or directed by Public
Works Staff.
CY
1
$ 30.00
N/A
$ 30.00
26
STABILIZED SUBGRADE - F&I Type " B" stabilized backfill to the thickness shown on design plans or
directed by Public Works Staff, installed and compacted in lifts per City Standards (LBR 40 min. -
compaction and testing required and included).
CY
1
$ 20.00
N/A
$ 20.00
27
LIMEROCK BASE - F&I limerock base course to the thickness shown on design plans or as directed by
Public Wo rks Staff, installed and compacted in lifts per City Standards (LBR 100 - compaction and testing
required and included).
CY
1
$ 30.00
N/A
$ 30.00
28
MILL AND DISPOSE EXISTING ASPHALT - 1" average thickness, includes sawcutting edges of existing
asphalt surfaces to remain.
SY
1
$ 5.00
N/A
$ 5.00
29
MILL AND DISPOSE EXISTING ASPHALT, ADD-ON - Additive pricing for each 1/4" of additional thickness
of milling (to be used when milling more than 1" average thickness).
SY
1
$ 1.00
N/A
$ 1 .00
30
1" SUPERPAVE ASPHALT, TYPE SP -9. 5 - Traffic C, includes tack coat where necessary.
SY
1
$ 7.00
N/A
$ 7.00
31
1. 5" SUPERPAVE ASPHALT, TYPE SP -9.5 or SP -12. 5- Traffic C, includes tack coat where necessary.
SY
1
$ 10.41
N/A
$ 10.41
32
2" SUPERPAVE ASPHALT, TYPE SP -9. 5 or SP -12.5 - Traffic C, includes tack coat where necessary .
SY
1
$ 14 .00
N/A
$ 14.00
33
1" SUPERPAVE ASPHALT FRICTION COURSE, TYPE FC-9.5 - Traffic C, PG 76-22, includes tack c oat where
necessary.
SY
1
$ 8.00
N/A
$ 8.00
34
1. 5" SUPERPAVE ASPHALT FRICTION COURSE, TYPE FC-9. 5 or FC-12 .5 - Traffic C, PG 76-22, includes tack
co at where necessary.
SY
1
$ 12 .00
N/A
$ 12.00
35
2" SUPERPA VE ASPHALT FRICTION COURSE, TYPE FC-9.5 or FC-12.5 - Traffic C, PG 76-22, includes tack
co at where necessary.
SY
1
$ 16.00
N/A
$ 16.00
36
POTHOLE REPAIRS - Placement of crushed and compacted limero ck and hot mix asphalt to patch
potholes, 10 sq.ft. max surface area, and no deeper than 1.5' deep (asphalt to be a minimum of 2" thick,
SF
1
$ 5. 00
N/A
$ 5. 00
SP ho t mix).
37
Type -9.5, compacted
CRACK SEAL - Sealing of asphalt roadway cracks less than 2" wide by application of a bituminous asphalt
specifically designed for crack sealing.
LF
1
$ 5.00
N/A
$ 5. 00
38
sealant
UTILITY ADJUSTMENT, STORMWATER INLET - Raise or lo wer stormwater inlet frame and grate, includes
brick concrete morter as necessary.
EA
1
$ 250. 00
N/A
$ 250.00
39
and
UTILITY ADJUSTMENT, MANHOLE - Raise or lower utility manho le frame/rim and cover, includes brick
and co ncrete mo rter as necessary.
EA
1
$ 500.00
N/A
$ 500.00
EA
1
$ 300.00
N/A
$ 300.00
40
UTILITY ADJUSTM ENT, VALVE BOX - Raise or lower utility valve boxes, includes flowable fill or cast -in-
place concrete ring as necessary.
REMOVE/DISPOSE/REPLACE DAMAGED MANHOLE/INLET FRAME, MD -COUNTY - Removal and disposal
of damaged drainage inlet frame and grate or utility manhole frame and lid, includes coo rdinating with
and picking up new frames/grates/lids from Miami -Dade Water and Sewer Department, also includes re -
EA
1
$ 500.00
N/A
$ 500.00
41
REMOVE/DISPO SE/REPLACE DAMAGED VALVE COVER, MD -COUNTY - Remo val and disposal of damaged
water or sewer valve box, includes coordinating with and picking up new frames/grates/lids from Miami -
EA
1
$ 500.00
N/A
$ 500.00
42
Dade Water and Sewer Department, also includes re -installation.
43
REPAIR CONCRETE MANHOLE/INLET - Repair of damaged concrete utility manhole or drainage inlet
EA
1
$ 1,000 .00
N/A
$ 1,000.00
44
CONCRETE CURB AND GUTTER REMOVAL - Removal and disposal of all types of existing concrete curbing
and curb & gutter (existing limerock pad to remain if new curbing is being installed).
LF
1
$ 15.00
N/A
$ 15.00
45
CONCRETE CURB, NON -REINFORCED - Type " B," "D," "A," and all o ther standard curb types without
gutter (limerock pad to be paid under separate line item, if necessary).
LF
1
$ 25 .00
N/A
$ 25.00
LF
1
$ 36.00
N/A
$ 36.00
46
CONCRETE CURB, REINFORCED - Steel reinforced Type " B," "D," "A," and all o ther standard reinforced
curb types without gutter (limerock pad to be paid under separate line item, if necessary).
47
CONCRETE CURB AND GUTTER, NO N -REINFORCED - Type " F," "E," "RA," and all other standard types of
with (limero ck pad to be paid under separate line item, if necessary).
LF
1
$ 25.00
N/A
$ 25.00
48
curbing gutters
CONCRETE CURB AND GUTTER, REINFORCED - Steel reinforced Type "F," "E," "RA," and all o ther standard
types of reinforced curbing with gutters (limerock pad to be paid under separate line item, if necessary) .
LF
1
$ 36 .00
N/A
$ 36 .00
49
CONCRETE DROP CURB OR VALLEY GUTTER, NON -REINFORCED - Non -steel reinforced drop curb or
(limerock pad to be paid under separate line item, if necessary).
LF
1
$ 25.00
N/A
$ 25.00
50
valley gutter
CONCRETE DROP CURB OR VALLEY GUTTER, REINFORCED - Steel reinforced drop curb or valley gutter
LF
1
$ 36.00
N/A
$ 36.00
(limerock pad to be paid under separate line item, if necessary).
51
LIMEROCK CURB AND GUTTER PAD - Installation and compaction of limerock base for all types of curbing
and curb & gutter, to be installed per City Standards and paid by linear foot of new curbing being installed
top (to be used ONLY under new curbing where existing curbing did not previously exist).
LF
1
$ 8.00
N/A
$ 8.00
52
on
6" THICK CO NCRETE SIDEWALK OR DRIVEWAY PAD - 3,000 PSI @ 28 days min. concrete sidewalks,
driv eway pads, and pedestrian ramps (includes adjustment/resetting of pull boxes, water meter boxes,
and sanitary clean -o uts within the sidewalk, and general compaction/tamping of in -situ soils remaining as
hasp .
SF
1
$ 6.60
N/A
$ 6.60
53
a sidewalk as ne.Pssarv).
8" -12" THICK CONCRETE SIDEWALK OR DRIVEWAY PAD - 3,000 PSI @ 28 days min (includes
adjustment/resetting of pull boxes, water meter boxes, and sanitary clean -outs within the sidewalk, and
of in -situ soils remaining as a sidewalk base, as necessary).
SF
1
$ 10.00
N/A
$ 10 .00
general compaction/tamping
54
HIGH STRENGTH CONCRETE DRIVEWAY PAD OR ROADWAY SEGMENT PATCH - 5,000 PSI @ 28 days min
(includes adjustment/resetting of pull boxes, water meter boxes, and sanitary clean -outs within the area
of constructio n, and general compaction/tamping of in -situ soils, as necessary).
CY
1
$ 200. 00
N/A
$ 200.00
55
REMOVE, STORE, AND RESET PAVERS - Remov al and resetting of existing side walk, driveway, or
roadway pavers. Includes regrading and compacting of rock sub -base, reinstalling sand setting/leveling
base, resetting pavers to match existing patterns, and sand -filling of joints. Pavers broken during
constructio n to be replaced. in -kind. at contractors expense.
SF
1
$ 10.00
N/A
$ 10.00
56
DETECTABLE WARNINGS - Truncated ADA tactile domes for ADA pedestrian ramps (Armor Tile - Cast In
Place or approved equal)
SF
1
$ 50.00
$ 45.00
$ 45.00
57
ROADSIDE SIGNS, SINGLE POST - Typical/common traffic signage (e.g. stop, street name, yield, do not
enter, o ne way, etc.), includes post and sign per Miami -Dade County Standards (signage surface area less
than 12 SF to tal per assembly).
AS
1
$ 360. 00
N/A
$ 360.00
58
ROADSIDE SIGNS, SIGN ONLY - F&I new traffic signage on existing sign po st (e.g. stop, street name, yield,
do not enter, o ne way, etc. ), includes removal and disposal of old sign(s) if necessary (signage surface
area less than 12 SF total per assembly).
AS
1
$ 180.00
N/A
$ 180.00
59
RELOCA TE/RESET EXISTING POST AND SIGN - Remove and relocate, or reset leaning, existing traffic
signage, single post.
EA
1
$ 240.00
N/A
$ 240.00
60
ROADWAY/HIGHWAY DELINEATOR - 36"-48" High, reflective delineators as approved by FDOT.
EA
1
$ 72.00
N/A
$ 72 .00
61
REFLECTIVE PAVEMENT MARKERS (RPMs) - Class B, mono or bi-directio nal, all colo rs.
EA
1
$ 4.20
N/A
$ 4 .20
62
PAVEMENT MARKING REMOVAL - No n-destructive micro -planing, grinding, or other approved methods,
as directed by Public Works Staff (paid by LF of actual stripe removal, regardless of width of existing
LF
1
$ 1.20
N/A
$ 1 .20
63
THERMOPLASTIC PAVEMENT MESSAGES - Reflective " ONLY," "MERGE," " SCHOOL," "RxR," etc. ro adway
messages, per FDO T or Miami -Dade Standards (includes temporary paint messages when necessary).
EA
1
$ 216.00
N/A
$ 216.00
64
THERMOPLASTIC DIRECTIONAL A RROWS - Reflective arrow symbols per FDOT or Miami -Dade Standards
(includes temporary paint symbols when necessary).
EA
1
$ 96 .00
N/A
$ 96.00
65
THERMOPLA STIC BIKE LANE MARKINGS - Sharrows and bike symbols with arro ws, with or without green
high -emphasis backgro und, as directed by Public Works Staff and approved by FDOT and Miami -Dade
EA
1
$ 360.00
N/A
$ 360 .00
66
GREEN BIKE LA NE COATINGS - Installation of green asphalt coatings for designated bike lanes as directed
by Public Works Staff and approved by the FDOT thro ugh the FHWA.
SY
1
$ 144.00
N/A
$ 144 .00
67
RED BUS LANE COATINGS - Installation of red asphalt co atings for Co unty -designated Bus Lanes, as
directed by Public Works Staff and approved by Miami -Dade Co unty.
SY
1
$ 144 .00
N/A
$ 144 .00
68
SOLID SINGLE 6" THERMOPLASTIC STRIPING - All colors, reflective, per FDOT or Miami -Dade Standards
(includes temporary paint when necessary).
LF
1
$ 2.40
N/A
$ 2 .40
69
SOLID DOUBLE 6" THERMOPLASTIC STRIPING - Do uble yellow, reflective, per FDOT or Miami -Dade
Standards (includes temporary paint when necessary).
LF
1
$ 4 .80
N/A
$ 4.80
70
71
72
73
74
75
76
77
78
79
80
81
82
SOLID SINGLE 8" THERMOPLA STIC STRIPING - All co lo rs, reflective, per FDOT or Miami -Dade Standards
(includes temporary paint when necessary).
SOLID DO UBLE 8" THERMOPLASTIC STRIPING - Double yellow, reflective, per FDOT or M iami -Dade
Standards (includes temporary paint when necessary).
SOLID SINGLE 12" THERMOPLA STIC STRIPING - All colors, refle ctive, per FDOT or Miami -Dade Standards
(includes temporary paint when necessary).
SOLID SINGLE 18" THERMOPLASTIC STRIPING - All colors, reflective, per FDOT or Miami -Dade Standards
(includes temporary paint when necessary).
SOLID SINGLE 24" THERMOPLASTIC STRIPING - All colors, reflective, per FDOT or Miami -Dade Standards
(includes temporary paint when necessary).
THERMOPLASTIC GUIDELINES - 2'-4', 6'-10', or 3'-9' dotted, reflective, per FDOT or Miami -Dade
Standards (include s temporary paint when necessary).
THERMOPLASTIC 10'-30' SKIP LINES - 6" yellow or white, reflective, per FDOT or Miami -Dade Standards
(includes temporary paint when necessary).
PATTERNED ASPHALT STAMPING - Heat -applied, wire rope cable stamping of new or existing asphalt,
pattern to match existing or per design drawings (materials, methods, and certifications to be
"StreetPrint" by GAF or approved equal).
STAMPED ASPHALT PAINTING - Multi -layered, heat island reducing, non -slip, traffic -rated co lored
coating to be installed to match existing colo r patterns or per design drawings (materials, methods, and
certifications to be "StreetBond" by GAF or approved equal).
DESIGN, PERMIT, INSTALL RAPID FLASHING BEACON - All materials and labor required to design, permit,
and install a co mplete rapid flashing pedestrian warning beacon assembly. City will provide basis -of -
design sample drawings from previous installations (County permitting fees included).
REPLACE TRAFFIC LOOP - Remove and replace existing traffic loops when repaving intersections if
existing loop is damaged or if directed by Miami -Dade County (County permitting fees included).
Special Prov ision 1 = Contingency Allo wance - Unforseen Conditions
Special Provision 2 = Contingency Allowance - Off Duty Police Traffic Contro l
To tal Cost including Contingency Allowance
Director's Approval:
LF
LF
LF
LF
LF
LF
LF
SF
SF
EA
EA
1
1
1
1
1
1
1
1
1
1
1
$ 1.20
$ 1.20
$ 3. 60
$ 4.80
$ 6.00
$ 2. 40
$ 2.40
$ 20.00
$ 30 .00
#########
$ 2,500.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
$ 1.20
$ 1. 20
$ 3.60
$ 4.80
$ 6.00
$ 2.40
$ 2 .40
$ 20 .00
$ 30 .00
$ 30,000.00
$ 2,500.00
$50,000
$100,000
$ 200,176.35
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Arthur Noriega V DATE: November 23, 2020
City Manager
FROM: Annie Perez, CPPO, Director
Department of Procurement
SUBJECT: Recommendation of Award for
Pavement Resurfacing Services
REFERENCES: IFB No. 1115382
ENCLOSURES: Bid Tabulation; Award
Recommendation Dated 10/29/20;
Rescission of Award Memo dated 10/29/20;
Best and Final Offer Letter ("BAFO")
RECOMMENDATION:
Based on the findings below, the Procurement Department ("Procurement") hereby recommends the
award of Invitation for Bid ("IFB") No. 1115382 to H&R Paving, Inc. ("H&R Paving") the apparent
responsive and responsible Bidder, for the provision of pavement resurfacing services for the
Department of Resilience and Public Works ("Public Works"), on an as needed basis. The awarded
vendor, contract terms, and amount are shown below.
Contract Number/Title: IFB No. 1115382, Pavement Resurfacing Services
Contract Amount:
The estimated contract amount is approximately $200,176.35 annually
for Group 1 — Non -Federally Funded Projects and $200,181.33
annually for Group — 2 Federally Funded Projects (approximately
$1,401,234.45 and $1,401,269.31 respectively for all seven (7) years).
Contract Term: Initial term of three (3) years, with the option to renew for two (2)
additional two (2) year periods.
Recommended Vendors: H&R Paving, Inc. ("H&R Paving")
BACKGROUND:
On September 11, 2020, Procurement issued IFB No. 1115382 for the provision of Pavement
Resurfacing Services, under full and open competition. On October 9, 2020 at bid closing three (3)
bids were received. The bids were evaluated following the guidelines published in the soliciation. Two
(2) bids were found to be non -responsive. H&R was the responsive and responsible Bidder. On
October 29, 2020,an award was recommended and approved (please see attached), however after
further discussion with Public Works, on November 16, 2020, a BAFO letter (please see attached)
was issued to H&R to request additional savings on their original bid pricing submittal. H&R returned
the BAFO providing a savings of $36.05 for each group over the course of the contract. Public Works
has approved the BAFO.
Consequently, approval of this recommendation to award is requested. Your signature below will
indicate approval of this recommendation.
Approved: I
Arthur Noriega V. City Manager
Date: /)/-7/?-°
AP:tg
c: Fernando Casamayor, Assistant City Manager/Chief Financial Officer
Nzeribe Ihekwaba, Ph.D, P.E., Assistant City Manager, Chief of Infrastructure
Alan Dodd, P.E., Director/Chief Resilience Officer, Resilience and Public Works
Yadissa A. Calderon, CPPB, Assistant Director, Procurement
AGENDA ITEM SUMMARY FORM
File ID: #8453
Date: 01/07/2021
Commission Meeting Date: 03/11/2021
Type: Resolution
Subject: Accept Bid - H&R Paving, Inc.
Purpose of Item:
Requesting Department: Department of
Resilience and Public Works
Sponsored By:
District Impacted: All
The nature of this item is to authorize a resolution of the Miami City Commission,
accepting the bid received on October 9, 2020 pursuant to IFB 1115382 from the lowest
responsive and responsible bidder, H&R Paving, Inc. ("H&R Paving") for the provision
of pavement resurfacing services, on and as -needed basis, for the Department of
Resilience and Public Works ("Public Works"), on an as needed basis, for an initial term
of three (3) years, with the option to renew for two (2) additional two (2) year periods,
allocating funds from Public Works' Account No. 40-B73102E and other funding
sources, subject to the availability of funds and budget approval at the time of need;
authorizing the City Manager to negotiate and execute all other documents, including
any amendments, renewals, and extensions, subject to allocations, appropriations and
prior budgetary approvals, and in compliance with all applicable provisions of the Code
of the City of Miami, Florida, as amended, ("City Code"), including, the City of Miami's
Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as
set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in
compliance with all applicable laws, rules, and regulations, as may be deemed
necessary for said purpose.
Background of Item:
On September 11, 2020, the Department of Procurement ("Procurement"), on behalf of
Public Works issued IFB No. 1115382, Pavement Resurfacing Services, on an as -
needed basis, under full and open competition to obtain the services of an experienced
and qualified Bidder for the purpose of providing pavement resurfacing and roadway
repair services. On October 9, 2020, three (3) bids were received. Two (2) vendors
were deemed non -responsive, Procurement is recommending award to H&R Paving,
which met all requirements, per the bid specifications, and is the apparent and
responsive and responsible bidder. The estimated contract amount is approximately
$200,176.35 annually for Group 1 - Non -Federally Funded Projects; and $200,181.33
annually for Group 2 - Federally Funded Projects (approximately $1,401,234.45 for
Group 1 and $1,401,269.31 for Group 2 for all seven (7) years.
Budget Impact Analysis
Item is an Expenditure
Item has NO budget impact
Item is NOT funded by Bonds
Total Fiscal Impact:
$200,176.35 annually Group 1; $200,181.33 annually Group 2; See background notes.
General Account No.: 40-B73102E
Reviewed By
Department of Resilience and Public Works
Review Completed 01/07/2021 11:34 AM
Office of Management and Budget Calvin Fifer
Office of Management and Budget Leon P Michel
City Manager's Office Nzeribe Ihekwaba
City Manager's Office Arthur Noriega V
Legislative Division Valentin J Alvarez
Office of the City Attorney Pablo Velez
Office of the City Attorney Barnaby L. Min
Office of the City Attorney Victoria Mendez
City Commission Nicole Ewan
Juvenal Santana
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
ACA Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Department Head
Completed 01/13/2021 6:15 PM
Completed 01/15/2021 8:47 PM
Completed 01/18/2021 11:11 AM
Completed 01/18/2021 1:00 PM
Completed 01/20/2021 3:42 PM
Completed 02/24/2021 1:56 PM
Completed 02/24/2021 2:14 PM
Completed 02/24/2021 5:11 PM
Completed 03/11/2021 9:00 AM
City of Miami
Legislation
Resolution
Enactment Number: R-21-0096
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8453 Final Action Date:3/11/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
RECEIVED ON OCTOBER 9, 2020 PURSUANT TO INVITATION FOR BID NO.
1115382 FROM THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, H&R
PAVING, INC., A FLORIDA PROFIT CORPORATION, FOR THE PROVISION OF
PAVEMENT RESURFACING AND ROADWAY REPAIR SERVICES, ON AN AS -
NEEDED BASIS, FOR THE CITY OF MIAMI'S DEPARTMENT OF RESILIENCE AND
PUBLIC WORKS FOR AN INITIAL TERM OF THREE (3) YEARS WITH THE OPTION
TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING
FUNDS FROM ACCOUNT NO. 40-B73102E AND SUCH OTHER LEGALLY
AVAILABLE FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS
AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS,
INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO
ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS,
COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL
INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY
CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE
WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED
NECESSARY FOR SAID PURPOSE.
WHEREAS, the City of Miami's ("City") Department of Resilience and Public Works
("RPW") has a continued need for pavement resurfacing and roadway repair services; and
WHEREAS, on September 11, 2020, pursuant to the City's Procurement Code, on
behalf of RPW, the City's Department of Procurement ("Procurement") advertised and issued
online Invitation for Bid ("IFB") No. 1115382 for the provision of pavement resurfacing and
roadway repair services on an as needed basis; and
WHEREAS, on October 9, 2020, three (3) bids were received in response to this IFB,
with the lowest responsive and responsible bid submitted by H&R Paving, Inc., a Florida profit
corporation ("H&R Paving");
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The bid received on October 9, 2020 pursuant to IFB No. 1115382 from the
lowest responsive and responsible Bidder, H&R Paving, for the provision of pavement
resurfacing and roadway repair services on an as -needed basis for RPW for an initial term of
three (3) years with the option to renew for two (2) additional two (2) year periods is hereby
accepted.
Section 3. Funds shall be allocated from Account No. 40-B73102E and such other
legally available funding sources, subject to the availability of funds and budgetary approval at
the time of need.
Section 4. The City Manager is authorized' to negotiate and execute any and all other
documents, including any amendments, renewals, and extensions, subject to all allocations,
appropriations, prior budgetary approvals, compliance with all applicable provisions of the Code
of the City of Miami, Florida, as amended ("City Code"), including the City's Procurement
Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18
of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable
laws, rules, and regulations, as may be deemed necessary for said purpose.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
EiIg of 41liarni
CONTRACT AWARD
Procurement Department
IFB NO:
DESCRIPTION:
CONTRACT:
CONTRACT PERIOD:
COMMODITY CODE:
1115382(28)
PAVEMENT RESURFACING AND ROADWAY REPAIR SERVICES
THREE (3) YEARS, W/ OTR FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIOD
MARCH 22, 2021 THROUGH MARCH 21, 2024
98852-00
SECTION #1 — VENDOR AWARD
H&R Paving, Inc.
1955 NW 110th Ave
Miami, FL 33172
Contact: Raul Gonzalez
Ph: 305-261-3005
Fax: 305-592-6079
Email: abe@hrpaving.com
SECTION #2 — AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
CC AWARD DATE: MARCH 11, 2021
RESOLUTION NO: 21-0096
AMENDED AMOUNT: N/A
INSURANCE REQUIREMENTS: YES
PERFORMANCE BOND: YES
APPLICABLE ORDINANCES: N/A
Notes: CONTRACT PERIOD: MARCH 22, 2021 THROUGH MARCH 21, 2024
SECTION #3 - REQUESTING DEPARTMENT
CITY OF MIAM, DEPARTMENT OF RESILIENCE AND PUBLIC WORKS
Buyer: Melinda Jeudi
Phone: (305) 416-1784
SECTION #4 - PROCURING AGENCY
CITY OF MIAM, DEPARTMENT OF PROCUREMENT
Buyer: Tahlia Gray
Phone: (305) 416-1912
Email: tgray(c�miamigov.com
Prepared By: Aimee Gandarilla, 3/22/2021
A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION
CONTAINED HEREIN IS AVAILABLE IN THE (SUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT:
www.miamiqov.com/procurement
citg of 4Uiarni
CONTRACT AWARD
Procurement Department
AMENDMENT NO. 1
IFB NO:
DESCRIPTION:
CONTRACT:
CONTRACT PERIOD:
COMMODITY CODE:
1115382(28)
PAVEMENT RESURFACING AND ROADWAY REPAIR SERVICES
THREE (3) YEARS, WI OTR FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIOD
MARCH 22, 2021 THROUGH MARCH 21, 2024
98852-00
SECTION #1 — VENDOR AWARD
H&R Paving, Inc.
1955 NW 1101' Ave
Miami, FL 33172
Contact: Raul Gonzalez
P h : 305-261-3005
Fax: 305-592-6079
Email: abe hrpavinq.com
SECTION #2 — AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
CC AWARD DATE: MARCH 11, 2021
RESOLUTION NO: 21-0096
AMENDED AMOUNT: N/A
INSURANCE REQUIREMENTS: YES
PERFORMANCE BOND: YES
APPLICABLE ORDINANCES: N/A
Notes: Pursuant to Section 2.31, Additions /Deletions of Services/Items/Suppliers, the addition of Solid Marking Tape
to the contract. Here is the pricing:
Line
Item
Item Description
Unit
Quantity
Unit Cost
83
SOLID MARKING TAPE: Includes all labor,
material and equipment to install a 12" white solid
stripe marking on concrete surface.
LF
1
$ 26.25
84
NEW SHIELD SIGNS: furnishing and installation
of Shield performed thermoplastic 6'x15', 125 MIL
signs
EA
1
$2,404.50
SECTION #3 - REQUESTING DEPARTMENT
CITY OF MIAM, DEPARTMENT OF RESILIENCE AND PUBLIC WORKS
Buyer: Melinda Jeudi
Phone: (305) 416-1784
SECTION #4 - PROCURING AGENCY
CITY OF MIAM, DEPARTMENT OF PROCUREMENT
Buyer: Tahlia Gray
Phone: (305) 416-1912
Email: tgray a(7.miamigov.com
Prepared By: Aimee Gandarilla, 11/1/2021
A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION
CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT:
www,miamiqov.com/orocurement
AGENDA ITEM CHEAT SHEET
1. TITLE:
IFB 1115382 - PAVEMENT RESURFACING SERVICES
2. TYPE OF CONTRACT (Emergency ratification, SS, Piggyback, IFB, RFP, etc.):
Invitation fo Bid ("IFB")
3. TOTAL FISCAL IMPACT IN THE AGGREGATE:
4. SOURCE OF FUNDING:
"$200,181.50 annually for Group 1 - Non -Federally F
Parks and Recreation Department ("Parks") and Human Services Department
5. CONTRACT SAVINGS ACHIEVED/REVENUE:
6. SCOPE OF SERVICES:
N/A
This nature of this item is to provide pavement resurfacing and roadway repair services.
7. WHAT IS THE TERM OF THE CONTRACT? (Please include OTR's)
The term of this contract is for an initial three (3) years with two (2), two (2) year options to renew.
8. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)?
Award of this contract is made to lowest bidder on a group by group basis with a Primary and Secondary basis.
9. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS?
Resilience and Public Works
10. NAME OF AWARDEE(S):
H&R Paving, Inc.
11. IS THE AWARDEE THE INCUMBENT?
Yes
12. WHEN DOES THE CURRENT CONTRACT EXPIRE?
AUGUST 13, 2020; Contract on extensions
13.IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT?
DESCRIBE PRICE DIFFERENTIAL.
Approximately the same; federally funded projects are new to the contract - hence pricing.
14. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT?
$3,765,440.94
15. HOW MANY BIDDERS/PROPOSERS? IF ONLY ONE BIDDER/PROPOSER, WHAT WERE
THE RESULTS OF THE SURVEY?
Three (3) Bidders submitted bids.
16.OTHER INFORMATION (Did Local Preference affect the award; was any firm deemed non-
responsive; if yes which one(s) and why; was there a BAFO, and any other pertinent
information):
There were three (3) Bidders that submitted bids, two (2) were deemed non -responsive, one for not meeting the five (5)
year minimum requirement, and the other for not submitting all the documentation stated in the minimum requirements.
*$200,181.50 annually for Group 1 - Non -Federally Funded Projects and $200,186.48 annually for Group 2 - Federally
Funded Projects (approximately $1,401,270.50 for Group 1 and $1,401,305.36 for Group 2 for all seven (7) years.
II,
'„ l '
AGENDA ITEM SUMMARY FORM
FILE ID:
Date: 10/26/2020
Commission Meeting Date: 3/11/2021
Requesting Department: RPW
District Impacted: ALL
Type: ['Resolution ❑ Ordinance ❑ Emergency Ordinance 0 Discussion Item ❑ Other
Subject: Invitation for Bid ('IFB") No. 1115382 - Pavement Resurfacing Services
Purpose of Item:
The nature of this item is to authorize a resolution of the Miami City Commission, accepting the bid received on
Dctober 9, 2020 pursuant to IFB 1115382 from the lowest responsive and responsible bidder, H&R Paving, Inc.
"H&R Paving") for the provision of pavement resurfacing services, on and as -needed basis, for the Department
)f Resilience and Public Works ("Public Works"), on an as needed basis, for an initial term of three (3) years,
with the option to renew for two (2) additional two (2) year periods, allocating funds from Public Works' Account
Jo. 40-B73102E and other funding sources, subject to the availability of funds and budget approval at the time
)f need; authorizing the City Manager to negotiate and execute all other documents, including any
amendments, renewals, and extensions, subject to allocations, appropriations and prior budgetary approvals,
and in compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended, ("City
:,ode"), including, the City of Miami's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity
'rinciples, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in
;ompliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose.
Background Information:
On September 11, 2020, the Department of Procurement ("Procurement"), on behalf of Public Works issued
IFB No. 1115382, Pavement Resurfacing Services, on an as -needed basis, under full and open competition to
obtain the services of an experienced and qualified Bidder for the purpose of providing pavement resurfacing
and roadway repair services. On October 9, 2020, three (3) bids were received. Two (2) vendors were deemed
non -responsive, Procurement is recommending award to H&R Paving, which met all requirements, per the bid
specifications, and is the apparent and responsive and responsible bidder. The estimated contract amount is
approximately $200,176.35 annually for Group 1 - Non -Federally Funded Projects; and $200,181.33 annually
for Group 2 - Federally Funded Projects (approximately $1,401,234.45 for Group 1 and $1,401,269.31 for
Group 2 for all seven (7) years.
Page 1 of 2
Budget Impact Analysis
Does the proposed purchase, legislation, project, or agreement involve a matter for which the Department/Office
is requesting payments to occur beyond one (1) year? Please check one: Yes No El If yes, please describe in
writing below the lease, debt, loan, or other financial obligation structure being requested in order to fund/finance
your proposed purchase, legislation, project, or agreement:
❑ Yes Ei No Is this item related to revenue?
❑✓ Yes ❑ No Is this item an expenditure? If so, please identify funding source below.
General Account No.: 40-B73102E
Special Revenue Account No.:
OCI Project No.:
❑ Yes Q No Is this Item funded by bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
$200,176.35 annually Group 1; $200,181.33 annually Group 2; See background notes.
Does the item require approval from the following departments?
❑ Grants
❑ Procurement
❑ Risk
Dept. Director
Final Approvals
(SIGN AND DATE)
*all other approvals will be done through Accela
Page 2 of 2
..Title
A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID RECEIVED ON
OCTOBER 9, 2020 PURSUANT TO INVITATION FOR BID ("IFB") 1115382 FROM THE
LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, H&R PAVING, INC. ("H&R PAVING")
FOR THE PROVISION OF PAVEMENT RESURFACING SERVICES, ON AN AS -NEEDED
BASIS, FOR THE DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW"), FOR AN
INITIAL CONTRACT TERM OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO
(2) ADDITIONAL TWO (2) YEAR PERIODS, ALLOCATING FUNDS FROM ACCOUNT NO. 40-
B73102E AND OTHER FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS
AND BUDGET APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS,
RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND
PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY
CODE"), INCLUDING, THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -
DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND
IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
..Body
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
WHEREAS, RPW has a continued need for pavement resurfacing and roadway repair
services, on an as needed basis.; and
WHEREAS, on September 11, 2020, the Department of Procurement ("Procurement") on
behalf of RPW, issued IFB No. 1185386, for the provision of pavement resurfacing and roadway
repair services, on an as -needed basis. As required by the Procurement Code, the IFB was
advertised and issued on-line.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The bid received October 9, 2020 pursuant to IFB 1115382 from, the lowest
responsive and responsible Bidder, H&R Paving, for the provision of pavement resurfacing and
roadway repair services on an as -needed basis for an initial contract term of three (3) years, with
the option to renew for two (2) additional two (2) year periods. allocating funds from RPW's'
Account No. 0001.208000.534000.0000.00000 and other funding sources, subject to the
availability of funds and budget approval at the time of need, is
accepted.
Section 3. he City Manager{1} is authorized to negotiate and execute all other
documents, including any amendments, renewals, and extensions, subject to allocations,
appropriations and prior budgetary approvals, and in compliance with all applicable provisions of
the City Code, as amended, including, the City of Miami's Procurement Ordinance, Anti -
Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code,
in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules, and
regulations, as may be deemed necessary for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
..Footnotes
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} This Resolution shall become effective as specified herein unless vetoed by the Mayor within
ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
CITY OF OPA-LOCKA AGREEMENT FOR SIDEWALK INSTALLATION
SERVICES
Piggyback City of Miami Invitation for Bid (IFB) 1115382 for Pavement
Resurfacing Services
This Agreement is made this day of , 2022, between the City of
Opa-Locka, a municipal corporation organized and existing under the laws of the State
of Florida and whose address is 780 Fisherman Street, Opa-Locka, Florida 33054 (the
"City"), and H&R Paving, Inc. whose address is 1955 N.W. 110 Avenue, Miami, FL
33172 (the "Contractor").
WITNESSETH
WHEREAS, the Contractor desires to enter into this Agreement ("Agreement")
with City to provide pavement resurfacing services to the City (Sidewalk Installation —
Phase IV) (the "Project"); and
WHEREAS, the parties desire to incorporate the terms and conditions of the
solicitation and contractual arrangement between City of Miami and the Contractor, as
set forth in the City of Miami Invitation for Bid for Pavement Resurfacing Services ("the
IFB"); and
WHEREAS, the City Code provides authority for the City to select and contract
through the use of the competitive bid process of another government entity as an
exception to the otherwise required formal bidding process.
NOW THEREFORE, in consideration of the mutual covenants set forth in this
Agreement, the receipt and sufficiency of which is acknowledged, the parties agree as
follows:
Section 1. Term. The term of this Agreement commences upon fully execution
of this agreement and continues through March 21,2024, unless terminated earlier by
its terms. The City shall have the option to renew for two (2) additional one-year terms.
1
Section 2. Contract Terms. The Contractor agrees to provide the City with
pavement resurfacing services in accordance with the City's requirements as set forth
herein and the Standard Contract between City of Miami and the Contractor dated on
or about March 11, 2021 (the "City of Miami Agreement"), attached hereto and
incorporated herein as Exhibit "A". The exhibits are incorporated into this Agreement
for all purposes, and are collectively referred to as the "Contract Documents", and
represent the entire agreement between the parties. In the event of conflict between or
among the Contract Documents, the order of priority shall be: this Agreement, the City
of Miami Agreement and the Contractor's accepted proposal.
Section 3. Scone of Work
The following provisions are included:
A City shall pay Contractor no more than the unit prices set forth in the
Contract Documents and in accordance with the provisions of the Contract
Documents. If the City requires services not covered by unit prices already
made a part of the Contract Documents, the Contractor shall submit a
detailed written proposal to the authorized City representative before
providing any such services. For these purposes, Adelina Gross as Capital
Improvements Program Manager, shall be the City Representative and may
be reached at (305)953-2868 Ext. 3001.
B. If permits are required, Contractor shall submit complete and accurate
permit applications to all applicable permitting agencies within ten work days
of receiving from the City all documents necessary to file such permit
applications. The City shall pay all permit and related fees directly to the
permitting agencies, including any permit fees charged by the City.
C. The City of Opa-Locka shall be substituted for the City of Miami with
regard to any and all provisions of the City of Miami Agreement, the IFB, and
the Contractor's bid, including by example and not limitation, with regard to
bond requirements, insurance, indemnification, licensing, termination, default
and ownership of documents. All recitals, representations, and warranties
of Contractor made in those documents are restated as if set forth fully
herein,made for the benefit of the City, and incorporated herein.
D. Contractor shall not commence work on the Project unless and until the
requirements for insurance have been fully met by Contractor and
appropriate evidence thereof, in the City's sole discretion, has been provided
to and approved by the City.
Section 4. Assignment. Neither party may assign its rights or obligations
under this Agreement without the consent of the other.
Section 5. Notice. Notice hereunder shall be provided in writing by certified
mail, return receipt requested, or customarily used overnight transmission with proof of
delivery, to the following parties, with mandatory copies, as provided below:
For City:
Copy lo:
For Contractor:
Darvin Williams, Interim City Manager
City of Opa-Locka
780 Fisherman Street
Opa-Locka, Florida, Florida 33054
Burnadette Norris -Weeks, Esq.
City Attorney
Burnadette Norris -Weeks, P.A.
401 NW 7th Avenue
Fort Lauderdale, Florida 33311
Raul Gonzalez
1955 N. W. 110 AVE
Miami, FL 33172
Section 5. Severability. This Agreement sets forth the entire agreement
between Contractor and City with respect to the subject matter of this Agreement. This
Agreement supersedes all prior and contemporaneous negotiations, understandings
and agreements, written or oral, between the parties. This Agreement may not be
modified except by the parties' mutual agreement set forth in writing and signed by the
parties.
IN WITNESS WHEREOF, the parties hereto have accepted, made, and
executed this Agreement upon the terms and conditions above stated on the day and
year first above written.
CITY: City of Opa-Locka
Date:
By:
Darvin Williams, Interim City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCYFOR THE USE
OF AND RELIANCE
BY THE CITY OF OPA-LOCKA ONLY:
By:
City Attorney
Burnadette Norris -Weeks, P.A.
By:
Joanna Flores, City Clerk
CONTRACTOR:
H&R Paving, Inc.
By: Witness:
PRINT NAME
Date:
TITLE
Date:
EXHIBIT "A"