Res No 133-12-13690RESOLUTION NO.. 133-12-13690
A Resolution authorizing the City Manager to enter into agreements with DRC Emergency
Services, LLC, Crowder -Gulf Joint Venture, Inc. and Byrd Brothers Emergency Services, LLC
for Emergency Debris Removal and Disposal Services through the existing City of Miami
contract, bid no. 274253(16).
WHEREAS, the City requires emergency debris removal and provide immediate
response to road clearing and debris removal after a hurricane event or similar natural disaster
requiring a response; and
WHEREAS, the City of Miami accepted sealed bids for emergency debris removal and on
December 22, 2011 signed agreements with DRC Emergency Services, LLC, Crowder -Gulf Joint
Venture, Inc. and Byrd Brothers Emergency Services, LLC; and
WHEREAS, the City of Miami agreement includes a term making the their contract
available to any governmental, not - for - profit or quasi - governmental entity in the State of Florida
at the same terms and contract prices providing the agency establish its own contract
agreement with each of the successful bidders; and
WHEREAS, the City of Miami agreement will continue until its expiration on December
22, 2013 with the option to renew for three (3) additional one -year periods.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is authorized to enter into agreement s with DRC
Emergency Services, LLC, Crowder -Gulf Joint Venture, Inc. and Byrd Brothers Emergency
Services, LLC for Emergency Debris Removal and Disposal services through the City of Miami
contract, bid no.274253(1).
Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date: This resolution shall take effect immediately upon
enactment.
PASSED AND ENACTED this 12 day of Ju:
ATTEST:
f
CITY CLERK
X: \Purchasing \Debris Removal Company \CA Approved 6.4.12 Emergency Debris Removal No Nos
Resolution 5 31 12.doc
Res.No. 133 -12 -13690
READ AND APPROV
LANGUAGE, LyKLI
EXECUTIOW RERFA
CITY ATTORNEY
TO FORM, COMMISSION VOTE:
J , Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Harris:
' Commissioner Newman
Commissioner Welsh:
4 -0
Absent
Yea
Yea
Yea
Yea
X: \Purchasing \Debris Removal Company \CA Approved 6.4.12 Emergency Debris Removal No Nos
Resolution 5 31 12.doc
To:
From:
Date:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
South Miami
AII•AmBftCHY
II I I i F
2001
The Honorable Mayor & Members of the City Commission
Hector Mirabile, PhD, City Manager I 1p
June I, 2012.
Agenda
SUBJECT. A Resolution authorizing the City Manager to enter into agreements
with DRC Emergency Services, LLC, Crowder -Gulf Joint Venture, Inc.
and Byrd Brothers Emergency Services, LLC for Emergency Debris
Removal and Disposal Services through the existing City of Miami
contract, bid no. 274253(16).
BACKGROUND: In accordance with the City's hurricane recovery plan, the City requires the ability
to perform emergency debris removal and road clearing after a hurricane event or
a similar natural disaster. To ensure the City has an adequate response, it is
recommended we piggyback off a City of Miami contract no. 274253(16) for those
services.
The City of Miami, after conducting a bid event and receiving sealed bids,
subsequently awarded those services to three companies. Each company is
available for debris removal and road clearing services which will provide an
adequate back -up should the City need to respond quickly after a natural disaster.
The City of Miami contract is available to any governmental agency within the
State of Florida at the same terms and contract prices negotiated by the City of
Miami.
Per the terms of the contract, the City is required to execute an agreement with
each of the awarded vendors that affirms, should those services be required, are
at the same terms and contract prices as the City of Miami's contract no.
274253(16). The contract is firm through December 21, 2013 and includes an
option to renew for three (3) additional one -year periods.
EXPENSE: $0
SUPPORT: City of Miami Contract no. 274253(16)
DRC Emergency Services, LLC Agreement
Crowder -Gulf Joint Venture, Inc., Agreement
Byrd Brothers Emergency Services, LLC
TO
Keith Carswell, Director
Solid Waste Department
FROM:
Kenneth Robertson, Director
Purchasing Department
CITY OF MIAMI, FLORIDA
r !. •`, T
DATE:
SUBJECT:
REFERENCES:
ENCLOSURES:
FILE
January 12, 2012
Emergency Debris Removal and
Disposal Services
Bid No. 274253(16)
Please find enclosed a copy of the recently approved term contract for Emergency Debris
Removal and Disposal Services. This contract has been established for use by the Department
of Solid Waste on an as needed basis. Unless a specific item is not listed, using department in
need of these goods or services is required to utilize this contract. Using department is urged to
carefully review the contract in detail to become familiar with its prices, terms and conditions,
and items awarded. If any department is unable to locate a particular item on the contract, please
contact the appropriate Buyer for assistance. No other goods or services can be purchased under
this agreement except those specified in the contract. When requesting this commodity or
service, the Bid No., Resolution No. and the corresponding catalog item numbers must be
cited in the requisition.
It shall be the responsibility of the using department to properly administer the contract to ensure
that the contractor and the City perform all contractual obligations. In the execution of this
responsibility, departments should monitor vendor performance, inspect goods at time of
delivery, and check for accuracy in billing.
Should any using department experience any difficulties with the contractor, please document`hhe
matter and immediately advise Yadissa Calderon, Procurement Specialist, at (305) 416 -1909 for
assistance.
Copy: Bid file
BID NO.:
DESCRIPTION:
TERM OF CONTRACT:
CONTRACT PERIOD:
COMMODITY CODE:
SECTION #1 — VENDOR AWARD
DRC Emergency Services, LLC
740 Museum Avenue
Mobile, AL 36608
Contact: Mr. Mark Stafford
Phone: (251) 343 -3581
Fax: (251) 343 -2221
Cell /Pager: N/A
Email Address: mstaffordadreusa.com
Crowder -Gulf Joint Venture, Inc.
5435 Business Parkway
Theodore, AL 36582
Contact: Mr. John Ramsay
Phone: (800) 992 -6207
Fax: (251) 459 -7433
Cell /Pager: N/A
Email Address: jramsay aC�.crowdengulf.com
274253(16)
EMERGENCY DEBRIS REMOVAL AND DISPOSAL
SERVICES
TWO (2) YEARS WITH THE OPTION TO RENEW FOR
THREE (3) ADDITIONAL ONE -YEAR PERIODS
DECEMBER 22, 2011 THROUGH DECEMBER 21, 2013
98800 -00
C.C. AWARD DATE: DECEMBER 15, 2011
RESOLUTION NO: 11 4509
ANNUAL CONTRACT AMOUNT: N/A
Note: Funds allocated from the various sources
of funds, subject to availability of funds and budgetary
approval at the time of need.
SECTION #3 — REQUESTING DEPARTMENT
DEPARTMENT OF SOLID WASTE
Contract Administrator: Keith Carswell
Phone: (305) 960 -2804
Fax: (305) 960 -2850
SECTION #4 — PROCURING AGENCY
CITY OF MIAMI, PURCHASING DEPARTMENT
Sr. Buyer: Yadissa Calderon
Phone: (305) 416 -1909
Fax: (305) 416 -1925
Prepared By: Max Sagesse, 1/12/2012
Byrd Brothers Emergency Services, LLC
1429 SW 1s` Street
Miami, FL 33135
Contact: Mr. James K. Byrd
Phone: (252) 2934488
Fax: (252) 2934490
Cell /Pager: N/A
Email Address: iameybyrd aabyrdbrothers.com
AMENDED AMOUNT: N/A
INSURANCE REQUIREMENTS: YES
PERFORMANCE BOND: N/A
APPLICABLE ORDINANCES: N/A
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.miami.oy.com /procurement
AWARD SHEET
IFB NO. 274253 - EMERGENCY DEBRIS REMOVAL AND DISPOSAL
DRC Emergency Services, LLC
Byrd Brothers Emergency
Services LLC
CrowderGulf Joint Venture
Inc.
Item
Description
Est. City
UOM
Unit Price
Extended Amount
Extended
Amount
Unit Price
Extended
Amount
# 1
Emergency road clearance
70
Hr.
$ 225.00
$ 15,750.00
$ 225.00
$ 15,750.00
$ 6,938.00
$ 485,660.00
# 2
Removing debris trom public property and rights-of-way and hauling to
Temporary Debris Storage and Reduction Site.
350000
Cu. Yd.
$ 7.22
$ 21527,000.00
$ 9.00
$ 31150,000.00
$ 9.00
$ 33150,000.00
# 3
Removing debris from private property and hauling to Temporary Debris forage
and Reduction Site.
350000
Cu. Yd.
$ 7.361
$ 2,576,000.00
$ 10.00
$ 3,500,000.001
$ 9.50
$ 3,3251000.00
#4
Mobilization an Demobilization
1
Ea
$ 1.00
$ 1.00
$ 1.00
$ 203000.00
$ 20,000.00
# 5
Debris sorting, grinding, chipping, mulching and reduction of debris at Temporary
Debris Storage and Reduction Site based on cubic yards hauled in.
700000
Cu. Yd.
$ 2.12
$ 11484,000.00
$ 2.50
$ 11750,000.00
$ 3.50
$ '2,4501000.00
#6
Hauling chipped a ns to Final Disposal site, based on cubic yards o re uce
amount hauled in.
200000
Cu. Yd.
$ 3.62
$ 724,000.00
$ 6.67
$ 1,334,000.00
$ 3.60
$ 720,000.00
# 7
Picking up and hauling of non-vegetative an on- uma e debris to
Disposal Site.
100000
Cu. Yd.
$ 8.12
$ 812,000.00
$ 10.00
$ 11000,000.00
$ 9.80
$ 9800000.00
# 8
Picking up and hauling of vegetative (Burnable) debris to Disposal Site
600000'
Cu. Yd.
$
7.22
$ 4,332,000.00
$ 10.00
$ 6,000,000.00
$ 8.50
$ 51100,000.00
# 9
Management of emporary Debris Storage and Reduction Site (Site
Reclamation) based on cubic yards hauled in.
700000
Cu. Yd.
$ 0.92
$ 644,000.00
$ 1.50
$ 1,050,000.00
$ 1.50
$ 13050,000.00
#10
emoving hanging limbs, tree hangers, and broken limbs per tree rega ess o
the number of hangers and limbs removed (up to a height of 65 feet)(Prices shall
be provided on a cradle to grave basis, which is one price for removal through
disposal at final destination)
100
Ea.
$ 166.00
$ 16,600.00
$ 100.00
$ 10,000.00
$ 95.00
$ 93500.00
#11
Removal of rees up to, but less than 6 inches in lame er (Frices shall e
provided on a cradle to grave basis, which is one price for removal through
disposal at final destination.)
25
Ea.
$ 220.00
$ 5,500.00
$ 20.00
$ 500.00
$ 30.00
$ 750.00
# 12
Kemoval or rees b inches in diameter and up, but less than 1z me es nces
shall be provided on a cradle to grave basis, which is one price for removal
through disposal at final destination.)
25
Ea.
$ 420.00
$ 10,500.00
$ 50.00
$ 11250.00
$ 70.00
$ 11750.00
#13
Removal of rees 12 inches in diameter and up, u ess an me es vnces
shall be provided on a cradle to grave basis, which is one price for removal
through disposal at final destination,)
25
Ea.
$ 670.00
$ 16,750.00
$ 145.00
$ 3,625.00
$ 125.00
$ 31125.00
# 14
Kemoval of rees Z4 inches in diameter and up, but less Ulan me es Prices
shall be provided on a cradle to grave basis, which is one price for removal
through disposal at final destination.)
20
Ea.
$ 900.00
$ 18,000.00
$ 278.00
$ 5,560.00
$ 225.00
$ 4,500.00
# 15
Removalof I rees equal or greater than 4H inches in lame er nces s a e
provided on a cradle to grave basis, which is one price for removal through
disposal at final destination)
10
Ea.
$ 1,050.00
$ 10,500.00
$ 278.00
$ 21780.00
$ 300.00
$ 3,000.00
# 16
Removal of aza ous Stumps- 25 inches in diameter, but less than 36 Inc es in
diameter
10
1 Ea.
$ 600.00
$ 61000.00
$ 250.00
$ 21500.00
$ 200.00
$ 21000.00
# 17 Idiameter
Removal of aza ous Stumps- 3f inches in diameter, but less than 49 inches in
10
Ea.
$ 800.00
$ 8,000.00
$ 200.00
$ 21000.00
$ 300.001
$ 3,000.00
#18
Removal of Hazardous Stumps- equal to or greater than 49 inches in diameter
10
Ea.
$ 940.00
$ 9,400.00
$ 300.00
$ 3,000.00
$ 400.00
$ 4,000.00
#25
Sand screening at Temporary Debris btorage and Reduction Site based on cu is
yards hauled in.
50000
Cu. Yd.
$ 2.08
$ 104,000.00
$ 12.00
$ 600,000.00
$ 8.00
$ 400,000.00
#26
Ad bonalcostfor
EWaste handling
50000
Cu. Yd.
$ 2.08
$ 104,000.00
$ 3.00
$ 1509000.00
$ 30.00
$ 11500,000.00
# 27
Additional cost for EWaste handling
12500
Ton
$ 5.00
$ 62,500.00
$ 12.00
$ 150,000.00
$ 500.00
$ 6,2501000.00
Totall
$ 13,486,501.00
$ 18,730,966.00
$ 25,462,285.00
Invitation for Bid (IFB) 274253,4
Table of Contents
Termsand
Conditions,,.,,..,",,........ ..... 04 .......... : ............................................................................... I ........ I .... IA3
1.
2.
General Conditions ............................................................................................... .............................13
1.1. GENERAL TERMS AND CONDITIONS ................................................ .............................13
Special Conditions ............................................................................................... .............................31
2.1. PURPOSE .................................................................................................. .............................31
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION /CLARIFICATION .............................................................. .............................31
2.3. PRE - BID /PRE- PROPOSAL CONFERENCE .......................................... .............................31
2.4. TERM OF CONTRACT ........................................................................... .............................31
2.5. CONDITIONS FOR RENEWAL ............................................................. .............................31
2.6. FIXED AND FIRM CONTRACT ............................................................. .............................31
23. EQUITABLE ADJUSTMENT .................................................................. .............................31
2.8. CONSUMER PRICE INDEX- (CPI FOR FUEL) .................................... .............................32
2.9. NON - APPROPRIATION OF FUNDS ..................................................... .............................32
2.10. METHOD OF AWARD .......................................................................... .............................32
2.11. PRIMARY CLIENT (FIRST PRIORITY) SCHEDULE CONFLICT DUE TO VARIOUS
AREASIMPACTED ........................................................................................ .............................32
2.12. BIDDER'S MINIMUM QUALIFICATIONS ......................................... .............................32
2.13. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS ................... .............................33
2.14. SUBCONTRACTOR(S) OF WORK SHALL BE IDENTIFIED ........... .............................33
2.15. WORK ASSIGNMENTS, CITY'S RIGHT TO ADD ADDITIONAL CONTRACTOR(S),
OR HAVE CONTRACTOR(S) ADD ADDITIONAL SUBCONTRACTOR(S) ........................34
2.16. INSURANCE REQUIREMENTS .......................................................... .............................34
2.17. TIE BIDS ................................................................................................. .............................36
2.18. PERFORMANCE AND PAYMENT BOND ......................................... .............................36
2.19. PERFORMANCE AND PAYMENT BOND AMOUNT BASED ON U.S. ARMY CORPS
OF ENGINEERS HURRICANE DEBRIS ESTIMATING MODEL .............. .............................37
2.20. FAILURE TO PERFORM ...................................................................... .............................37
2.21. NON - APPROPRIATION OF FUNDS ................................................... .............................37
2.22. CONTRACTOR'S EMPLOYEES AND ITS SUBCONTRACTOR'S EMPLOYEES ARE
SOLE RESPONSIBILITY OF CONTRACTOR AND NOT EMPLOYEE AGENTS CITY ......37
2.23. SUBCONTRACTOR'S AND SUBCONTRACTOR'S ACTS AND OMISSIONS ............37
2.24. COMPLIANCE WITH FEDERAL STANDARDS ................................ .............................38
2.25. FEDERALLY FUNDED PROJECTS CONTRACT PROVISIONS ...... .............................38
2.26. DUMPING /TIPPING FEES .................................................................... .............................38
2.27. COMPLETED WORK ............................................................................ .............................38
2.28. CONTRACT ADMINISTRATOR .......................................................... .............................38
2.29. SUPERVISION ....................................................................................... .............................38
2.30. USE OF PREMISES ............................................................................... .............................38
2.31. DAMAGES TO PUBLIC/PRIVATE PROPERTY ................................ .............................39
2.32. REFERENCES ........................................................................................ .............................39
2.33. COMPLETE PROJECT REQUIRED ..................................................... .............................39
2.34. CONTRACTOR TO BE REPRESENTED ............................................. .............................39
2.35. SPECIFICATION EXCEPTIONS .......................................................... .............................39
2.36. PUBLIC CONVENIENCE AND SAFETY ............................................ .............................39
2.37. ADDITIONS /DELETIONS OF SERVICE REQUIRED ........................ .............................40
40
2.38. AVAILABILITY OF CONTRACT TO OTHER MUNICIPALITIES/DADE COUNTY
2.39. SAFETY MEASURES ............................................................................ .............................40
3.
2.40. TERMINATION ...................................................................................... .............................40
2.41. ADDITIONAL TERMS AND CONDITIONS ........................................ .............................41
Specifications ....................................................................................................... .............................42
3.1.
PURPOSE
.................................................................................................. .............................42
Page 12 of 51
Invitation for Bid (IFB) 274253,4
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of
goods /equipment/services with an estimated aggregate cost of $25,000.00 or more.
Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals,
Request for Qualifications, or Request for Letters of Interest pursuant to the City of
Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be
defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this
formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and
actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with
the terms herein and be fully in accordance with specifications and of the highest quality. In the event the
goods /equipment supplied to the City are found to be defective or does not conform to specifications, the
City reserves the right to cancel the order upon written notice to the Contractor and return the product to the
Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall
be considered an offer on the part of the bidder /proposer; such offer shall be deemed accepted upon
issuance by the City of a purchase order.
1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or
parts of after opening/closing date and request re- issuance on the goods /services described in the formal
solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected
bidders /proposers and make available a written explanation for the rejection. The City also reserves the
right to reject the response of any bidder /proposer who has previously failed to properly perform under the
terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a
position to perform the requirements defined in this formal solicitation. The City further reserves the right
to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its
discretion, re -issue this formal solicitation.
1.4. ADDENDA — It is the bidder's /proposer's responsibility to ensure receipt of all Addenda. Addenda are
available at the City's website at: http: / /www.ci.miami.fl.us /procurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate
response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate
response offers a different product that meets or exceeds the formal solicitation requirements. In order for
the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form
and shall mark "Alternate Response ". Alternate response shall be placed in the same response. This
provision only applies to formal solicitations for the procurement of goods, services, items, equipment,
materials, and/or supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise
dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's
prior written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this
Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through
and including appellate litigation and any post judgment proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder /Proposer agrees to
provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any
books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation,
for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder /Proposer shall
maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for
Page 13 of 51
Invitation for Bid (IFB) 274253,4
three (3) years after the City makes final payment and all other pending matters are closed. Contractor's
failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract
by the City.
1.9. AVAILABILITY OF CONTRACT STATE -WIDE - Any Governmental, not - for - profit or
quasi - governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods /services, specified herein from the successful bidder(s) /proposer(s) at the contract price(s)
established herein, when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not - for - profit or quasi - governmental entity which uses this formal solicitation and
resulting bid contract or agreement will establish its own contract /agreement, place its own orders, issue its
own purchase orders, be invoiced there from and make its own payments, determine shipping terms and
issue its own exemption certificates as required by the successful bidder(s) / proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract /agreement,
amendment or addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or
designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference
to Businesses with Drug -Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as
specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its
contractual obligation if such documents are not submitted in a timely manner and in the form required by
the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action
taken by the Purchasing Department, will void its acceptance of the Bidder's / Proposer's Response and may
accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to
the City or re- solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution
from Bidder/Proposer and its bid /proposal bond or guaranty, if applicable, as a result of damages or
increased costs sustained as a result of the Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the
successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or
contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120)
calendar days beyond the stated contract term in order to provide City departments with continual service
and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised,
the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price,
terms and conditions for a specific number of days. Additional extensions over the first one hundred
twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual
agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude
upon completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split- order, lump sum or individual -item basis,
or such combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon
the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City
reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is
determined to be in the City's best interests. Such agreement will be furnished by the City, will contain
certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City
Attorney,
1911. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized
surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the
amount bid is required from all bidders /proposers, if so indicated under the Special Conditions. This check'
or bond guarantees that a bidder /proposer will accept the order or contract/agreement, as bid /proposed, if it
is awarded to bidder /proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award
Page 14 of 51
Invitation for Bid (IFB) 274253,4
contract/agreement to Bidder/Proposer and Bidder /Proposer fails to accept the award. The City reserves the
right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful
bidders /proposers within ten (10) days after the award and successful bidder's /proposer's acceptance of
award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract
has been awarded, all bid deposits will be returned on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and
submitted accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement
and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the
annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be
considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may
be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder /proposer catalog numbers are specified, it is for the purpose of
establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only.
When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is
added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response,
complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the
City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of
equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be
requested if the proposed brand is other than specified by the City. Such samples are to be furnished after
formal solicitation opening/closing only upon request of the City. If samples should be requested, such
samples must be received by the City no later than seven (7) calendar days after a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its
opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all
prospective bidders /proposers and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm
makes, or prepares to make, in order to deliver /perform the goods /services required by the City, is a
business risk which the contractor must assume. The City will not be obligated to reimburse amortized or
unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods /services, it shall
not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City
be liable for, or responsible to, the Bidder/Proposer /Consultant, any sub - contractor /sub - consultant, or to
any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction
or other legal or equitable proceedings or on account of any delay for any cause over which the City has no
control.
1.18. COLLUSION — Bidder/Proposer, by submitting a response, certifies that its response is made without
previous understanding, agreement or connection either with any person, firm or corporation submitting a
response for the same items /services or with the City of Miami's Purchasing Department or initiating
department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other
illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of
Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the
City reserves the right to reject any and all bids /responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that
contracts between private entities and local governments are subject to certain laws and regulations,
including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor
agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect
the goods or equipment offered, including but not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client
because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following:
employment practices, rate of pay or other compensation methods, and training selection.
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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. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation.
Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a
condition precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder /proposer will in no way be a cause for relief from responsibility.
Non - compliance with all local, state, and federal directives, orders, and laws may be considered grounds
for termination of contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18 -74 of the City of Miami Code, a "Cone of Silence" is
imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City
Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be
applicable only to Contracts for the provision of goods and services and public works or improvements for
amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs,
RFLI or IFBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff
including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City
Commissioners, or their respective staffs and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
oral communications with the City purchasing staff; provided the communication is limited strictly to
matters of process or procedure already contained in the formal solicitation document; the provisions of the
Cone of Silence do not apply to oral communications at duly noticed site visits /inspections, pre - proposal or
pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during
any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly
noticed public meeting; or communications in writing or by email at any time with any City employee,
official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ,
RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in
connection with the collection of industry comments or the performance of market research regarding a
particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk,
which shall be made available to any person upon request. The City shall respond in writing and file a copy
with the Office of the City Clerk, which shall be made available to any person upon request. Written
communications may be in the form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or
bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent,
lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person
having personal knowledge of a violation of these provisions shall report such violation to the State
Attorney and /or may file a complaint with the Ethics Commission. Proposers or bidders should reference
Section 18 -74 of the City of Miami Code for further clarification.
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This language is only a summary of the key provisions of the Cone of Silence. Please review City of
Miami Code Section 18 -74 for a complete and thorough description of the Cone of Silence. You may
contact the City Clerk at 305- 250 -5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida
Sunshine Act and Public Records Law. If this Contract /Agreement contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST — Bidders /Proposers, by responding to this Formal Solicitation, certify
that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami
is financially interested, directly or indirectly, in the purchase of goods /services specified in this Formal
Solicitation. Any such interests on the part of the Bidder /Proposer or its employees must be disclosed in
writing to the City. Further, you must disclose the name of any City employee who owns, directly or
indirectly, an interest of five percent (5 %) or more of the total assets of capital stock in your firm.
A. Bidder /Proposer further agrees not to use or attempt to use any knowledge, property or resource
which may be within his /her /its trust, or perform his/her /its duties, to secure a special privilege, benefit, or
exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not
available to members of the general public and gained by reason of his /her /its position, except for
information relating exclusively to governmental practices, for his/her /its personal gain or benefit or for the
personal gain or benefit of any other person or business entity.
Be Bidder/Proposer hereby'acknowledges that he /she /it has not contracted or transacted any business
with the City or any person or agency acting for the City, and has not appeared in representation of any
third party before any board, commission or agency of the City within the past two years. Bidder/Proposer
further warrants that he /she /it is not related, specifically the spouse, son, daughter, parent, brother or sister,
to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any
board or agency of the City.
C. A violation of this section may subject the Bidder/Proposer to immediate termination of any
professional services agreement with the City, imposition of the maximum fine and/or any penalties
allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade
County Commission on Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders /Proposers warrant that there has been no violation
of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or
services provided as a result of this formal solicitation, and bidders /proposers agree to hold the City
harmless from any and all liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and
submission of Responses to the City, or any work performed in connection therewith shall be borne by the
Bidder(s)/Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18 -107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective
Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after
consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a
Contractual Party, for the causes listed below, from consideration for award of city Contracts. The
debarment shall be for a period of not fewer than three years. The City Manager shall also have the
authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable
cause for debarment, pending the debarment determination. The authority to debar and suspend contractors
shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer
after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or
subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification
or destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
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(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits provided in
a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which a civil penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a
certification that neither the Contractual Party nor any of its principal owners or personnel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall
render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall
be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial
relief.
1.26. DEBARRED /SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction
or repair of a public building or public work, may not submit response on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which
shall include any failure on the part of the successful Bidder /Proposer to accept the award, to furnish
required documents, and /or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify
the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays
excluded) to remedy the default. Failure on the contractor's part to correct the default within the required
three (3) days shall result in the Contract being terminated and upon the City notifying in writing the
contractor of its intentions and the effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods /services required under the Contract and /or within the
time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to
the degree specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to
ensure timely completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or
making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the
successful Bidder /Proposer incapable of performing the work in accordance with and as required by the
Contract.
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F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time
limits stated, together with the cost of completing the work, shall be deducted from any monies due or
which may become due on this Contract.
1.28, DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it
is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is
one which follows the requirements of the formal solicitation, includes all documentation, is submitted in
the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as
required on each document. Failure to comply with these requirements may deem a Response
non - responsive.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the
response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms
and Conditions. Price discounts off the original prices quoted in the response will be accepted from
successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for
a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer
to Bidder/Proposer will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in
the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing
Department. Should it be found necessary, a written addendum will be incorporated in the Formal
Solicitation and will become part of the purchase agreement (contract documents). The City will not be
responsible for any oral instructions, clarifications, or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving
precedence to the following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY /DISASTER PERFORMANCE" In the event of a hurricane or other emergency
or disaster situation, the successful vendor shall provide the City with the commodities /services defined
within the scope of this formal solicitation at the price contained within vendor's response. Further,
successful vendor shall deliver /perform for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this
City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response
and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs,
RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect
to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any,
made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or
changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal
Solicitation and then the Response shall control. This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES — Estimated quantities or estimated dollars are provided for your
guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The City is not obligated to place an order for any given amount subsequent to the award
of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most
advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities
at the prices bid /proposed or at lower prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
i) Bidder/Proposer fails to acknowledge receipt of addenda;
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2) Bidder /Proposer mistates or conceals any material fact in the Response;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may
reject and re- advertise for all or any part of the Formal Solicitation whenever it is deemed in the best
interest of the City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or
contract, or which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and
conditions of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in
accordance with the City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing
the goods /equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to
demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material,
equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms
"equipment and organization" as used herein shall be construed to mean a fully equipped and well
established entity in line with the best industry practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications
and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other
governmental entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an
authorized representative of a manufacturer or supplier which is the actual source of supply, if required by
the Formal Solicitation,
1.35. EXCEPTIONS TO GENERAL AND /OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered
non - responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non - responsive; and, if
exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating
negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices
quoted /proposed by the bidder /proposer must be F.O.B. DESTINATION, inside delivery, with all delivery
costs and charges included in the bid/proposal price, unless otherwise specified in this Formal
Solicitation. Failure to do so may be cause for rejection of bid /proposal.
1.37. FIRM PRICES - The bidder /proposer warrants that prices, terms, and conditions quoted in its
response will be firm throughout the duration of the contract unless otherwise specified in the Formal
Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or
contracts, which are to be performed or supplied over a period of time.
1.38. FIRST- SOURCE HIRING AGREEMENT (Sec. 18 -105)
(a) The Commission approves implementation of the first- source hiring agreement policy and requires
as a condition precedent to the execution of service contracts for facilities, services, and /or receipt of grants
and loans, for projects of a nature that create new jobs, the successful negotiation of first- source hiring
agreements between the organization or individual receiving said contract and the authorized representative
unless such an agreement is found infeasible by the city manager and such finding approved by the City
Commission at a public hearing.
(b) For the purpose of this section, the following terms, phrases, words and their derivations shall have
the following meanings:
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Authorized representative means the Private Industry Council of South Florida/South Florida Employment
and Training Consortium, or its successor as local recipient of federal and state training and employment
funds.
Facilities means all publicly financed projects, including but without limitation, unified development
projects, municipal public works, and municipal improvements to the extent they are financed through
public money services or the use of publicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG), economic
development agency construction loans, loans from Miami Capital Development, Incorporated, and all
federal and state grants administered by the city.
Service contracts means contracts for the procurement of services by the city which include professional
services.
Services includes, without limitation, public works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
(c) The authorized representative shall negotiate each first- source hiring agreement.
(d) The primary beneficiaries of the first- source hiring agreement shall be participants of the city
training and employment programs, and other residents of the city.
1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24,
states that employers shall pay employee wages no less than the minimum wage for all hours worked in
Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and
comply with this Florida constitutional minimum wage requirement and pay its employees the current
established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using
the consumer price index for urban wage earners and clerical workers, CPI -W, or a successor index as
calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall
be determined and published by the Agency Workforce Innovation on September 30th of each year and
take effect on the following January 1st.
At the time of responding, it is bidder /proposer and his/her subcontractor(s), if applicable, full
responsibility to determine whether any of its employees may be impacted by this Florida Law at any given
point in time during the term of the contract. If impacted, bidder /proposer must furnish employee name(s),
job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of
submitting a response constitute successful bidder's /proposer's acknowledgement and understanding that
the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of
any contractual price increase request(s). The City reserves the right to request and successful
bidder /proposer must provide for any and all information to make a wage and contractual price increase(s)
determination.
1.40. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by
the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this
Contract shall take place in Miami -Dade County, Florida.
1.41. 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.
1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any
person or entity that performs or assists the City of Miami with a function or activity involving the use or
disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI)
shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City
of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards,
which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non - permitted disclosures;
C. Reporting to the City of Miami of any non - permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to
the Bidder/Proposer and reasonable assurances that IIHI /PHI will be held confidential;
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E. Making Protected Health Information (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments
requested by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for
compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper records,
and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its
privacy information practices including specifically, a description of the types of uses and disclosures that
would be made with protected health information.
1.43. INDEMNIFICATION - Contractor shall indemnify, hold harmless and defend the City, its
officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including,
but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the
performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers,
agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages
arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or
employees were negligent, unless such injuries or damages are ultimately proven to be the result of grossly
negligent or willful acts or omissions on the part of the City, its officials and/or employees.. These
indemnifications shall survive the term of this Contract. In the event that any action or proceeding is
brought against City by reason of any such claim or demand, Contractor shall, upon written notice from
City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly
understands and agrees that any insurance protection required by this Contract or otherwise provided by
Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the
City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend at its own expense to and through
appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and
all claims of liability and all suits and actions of every name and description which may be brought against
City whether performed by Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be
interpreted under the laws of the State of Florida, including without limitation and which conforms to the
limitations of §725.06 and/or §725.08, 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.
1.44. INFORMATION AND DESCRIPTIVE LITERATURE — Bidders /Proposer must furnish all
information requested in the spaces provided in the Formal Solicitation. Further, as may be specified
elsewhere, each Bidder /Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical
specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered.
Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this
provision.
1.45. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods
and/or services required to be provided by the Contractor under this Contract conform to the terms and
conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities
and assistance to facilitate the performance of tests or inspections by City representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance
No. 12271 (Section 18 -79), as same may be amended or supplemented from time to time.
1.46. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation
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will not be made available until such time as the City provides notice of a decision or intended decision or
within 10 days after bid closing, whichever is earlier. Bid /Proposal results will be tabulated and may be
furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation.
Tabulations also are available on the City's Web Site following recommendation for award.
1.47. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor,
shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of
coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled
"Insurance Requirements ". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the
insurance certificate is received within the specified time frame but not in the manner prescribed in this
Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5)
calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required
insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after
receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall
not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from
submitting future responses to the City. Information regarding any insurance requirements shall be directed
to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami,
Florida 33130, 305- 416 -1604,
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in
conjunction with this Section remain in effect for the duration of the contractual period; including any and
all option terms that may be granted to the Bidder /Proposer.
1.48. INVOICES - Invoices shall contain purchase order number and details of goods and/or services
delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida
Statutes (Prompt Payment Act).
1.49. LOCAL PREFERENCE - City Code Section 18 -85, states that the City Commission may offer to a
responsible and responsive bidder /proposer, who maintains a Local Office, the opportunity of accepting a
bid at the low bid amount, if the original bid amount submitted by the local vendor is not more than ten
percent (10 %) in excess of the lowest other responsible and responsive bidder /proposer.
1.50. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from
bidders /proposers a separate Manufacturer's Certification of all statements made in the bid/proposal.
Failure to provide such certification may result in the rejection of bid/proposal or termination of
contract/agreement, for which the bidder /proposer must bear full liability.
1.51. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS -No
contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if
applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City
of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the
contract, purchase order or award sheet as appropriate.
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 appropriate testing Laboratories as determined by the City. The data derived from any test for
compliance with specifications is public record and open to examination thereto in accordance with
Chapter 119, Florida Statutes. items delivered not conforming to specifications may be rejected and
returned at Bidder's/Proposer's expense. These non - conforming items not delivered as per delivery date in
the response and/or Purchase Order may result in bidder /proposer being found in default in which event
any and all re- procurement costs may be charged against the defaulted contractor. Any violation of these
stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list.
1.54. NONDISCRIMINATION — Bidder/Proposer agrees that it shall not discriminate as to race, sex,
color, age, religion, national origin, marital status, or disability in connection with its performance under
this formal solicitation. Furthermore, Bidder /Proposer agrees that no otherwise qualified individual shall
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solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be
excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any
program or activity.
In connection with the conduct of its business, including performance of services and employment of
personnel, Bidder /Proposer shall not discriminate against any person on the basis of race, color, religion,
disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be
afforded equal opportunity for employment.
1.55. NON - EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its
best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts
for these herein goods and /or services, and to make use of other competitively bid (governmental)
contracts, agreements, or other similar sources for the purchase of these goods and /or services as may be
available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of
the successful bidder(s) /proposer(s) to receive all orders that may be generated by the City in conjunction
with this Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with
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. OCCUPATIONAL LICENSE "Any person, firm, corporation or joint venture, with a business
location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the
City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of
Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational
License Tax requirements. A copy of the license must be submitted with the response; however, the City
may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City
during the evaluation period, but prior to award.
1.57. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or
joint venture will be considered in response to this Formal Solicitation. When submitting an alternate
response, please refer to the herein condition for "Alternate Responses May Be Considered ".
1.58. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents,
records, files, or any other matter whatsoever which is given by the City to the successful Bidder /Proposer
pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by
the Bidder/Proposer for any other purposes whatsoever without the written consent of the City.
1.59. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person
or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of
such provision to persons or circumstances other than those as to which it is held invalid shall not be
affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent
permitted by law.
1.60. 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.
1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) — Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All
bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink.
Failure to do so will be at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The
Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address,
and telephone number on the face page and on each continuation sheet thereof on which he /she makes an
entry, as required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include
packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise
specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's
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compensation, and any other benefits normally paid by the Bidder /Proposer to its employees. If
applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated
quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case
of a discrepancy between the unit price and extended price, the unit price will be presumed correct.
C. The Bidder /Proposer must state a definite time, if required, in calendar days for delivery of goods
and /or services.
D. The Bidder /Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in
ink with the firm's name and by an officer or employee having authority to bind the company or firm by
his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person
signing the response or the response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the
Successful Bidder's /Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS,
UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE
RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON - RESPONSIVE.
1.62, PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by
reason of market change or on the part of the contractor to other customers shall be passed on to the City of
Miami.
1.63, PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's
product becomes unavailable during the term of the Contract, the Contractor awarded that item may
arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or
lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds
all quality requirements.
1.64. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company
employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to
pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
connection with, the award of this Contract.
1.65. PROMPT PAYMENT — Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for
the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is
understood and agreed that the terms shall be 2 % 20 days, effective after receipt of invoice or final
acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of
delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is
necessary due to damage, the cash discount period shall commence on the date final approval for payment
is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash
discount, the City is entitled to a cash discount with the period commencing on the date it is determined by
the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful
bidders /proposers during the term of the contract.
1.66. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such
property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City
of Miami. Damages to such property occurring while in the possession of the Contractor shall be the
responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami
shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total
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loss, the Contractor shall be responsible for replacement value of the property at the current market value,
less depreciation of the property, if any.
1.67. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all
covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any
goods or services to a public entity, may not submit a response on a contract with a public entity for the
construction or repair of a public building or public work, may not submit responses on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
1.69. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable
times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter
119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the
City and the public to all documents subject to disclosure under applicable law. Contractor's failure or
refusal to comply with the provision of this section shall result in the immediate cancellation of this
Contract by the City.
1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All
materials used in the manufacturing or construction of supplies, materials, or equipment covered by this
solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality,
and of the highest grade of workmanship, unless as otherwise specified in this Solicitation.
1.71. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality
and workmanship. Materials furnished to complete the service shall be new and of the highest quality
except as otherwise specified in this Solicitation.
1.72. REMEDIES PRIOR TO AWARD (Sec. 18 -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.
1.73. RESOLUTION OF CONTRACT DISPUTES (Sec. 18 -105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city
attorney, shall have the authority to resolve controversies between the Contractual Party and the city which
arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater
than $25,000, the City Commission must approve the City Manager's decision. Such authority extends,
without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of
complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City
Manager.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall
promptly render a written report stating the reasons for the action taken by the City Commission or the City
Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the
protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting
party shall not be entitled to such judicial relief without first having followed the procedure set forth in this
section.
1.74. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18404)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and
awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does
not exceed $25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1.Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract
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may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications
or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to
file a protest is considered filed when received by the Chief Procurement Officer; or
H. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the
Chief Procurement Officer within three days after the solicitation is published in a newspaper of general
circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement
Officer.
2. Protest of Award.
L A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two
days after receipt by the proposer of the notice of the City Manager's recommendation for award of
Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier
Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City
Manager's recommendation can be found by selecting the details of the solicitation and is listed as
Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is
indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that
solicitation . to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this
section of the website daily after responses are submitted to receive the notice; or
ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's
determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be
confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of
intent to file a protest is considered filed when received by the Chief Procurement Officer.
W. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer
within five (5) days after the date the notice of protest was filed. A written protest is considered filed when
received by the Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
assigning points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the
solicitation or the award is based, and shall include all pertinent documents and evidence and shall be
accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review
of the written protest and no facts, grounds, documentation or evidence not contained in the protester's
submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the
consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed
or allowed by this section, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday in which event the period shall run until,the end of the next day which is
neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be
excluded in the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the
approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief
Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting
party and shall submit said decision to the City Commission within 30 days after he /she receives the
protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be
submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by
the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a
protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the
Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of
such party's right to file a 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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(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the
requirements of this section, the city shall not proceed further with the solicitation or with the award of the
Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided
in subsection (b) above, unless the City Manager makes a written determination that the solicitation process
or the Contract award must be continued without delay in order to avoid an immediate and serious danger
to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed
Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which
may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by
the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded
to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee
shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by
subsection (e) above.
1.75. SAMPLES - Samples of items, when required, must be submitted within the time specified at no
expense to the City. If not destroyed by testing, bidder(s) /proposer(s) will be notified to remove samples,
at their expense, within 30 days after notification. Failure to remove the samples will result in the samples
becoming the property of the City.
1.76. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell,
assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or
assign any portion of the performance required by this contract, except under and by virtue of written
permission granted by the City through the proper officials, which may be withheld or conditioned, in the
City's sole discretion.
1.77. SERVICE AND WARRANTY —When specified, the bidder /proposer shall define all warranty,
service and replacements that will be provided. Bidders/Proposer must explain on the Response to what
extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable,
should be submitted with your response.
1.78. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any
supplemental specification as to any detail or the omission from it of detailed description concerning any
point shall be regarded as meaning that only the best commercial practices are to prevail and that only
materials of first quality and correct type, size and design are to be used. All workmanship and services is
to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department of General Services, to supply the
items on this solicitation, the bidder /proposer shall quote not more than the contract price; failure to comply
with this request will result in disqualification of bid/proposal.
1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via
the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500
Pan American Drive, Miami, Florida 33133 -5504, at or before, the specified closing date and time as
designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders /Proposers are welcome to attend
the solicitation closing; however, no award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope,
box or package must show the hour and date specified for receipt of responses, the solicitation number and
title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the
requisite Response Forms may be rejected. Hardcopy responses received at any other location than the
specified shall be deemed non - responsive.
Directions to City Hall:
FROM THE NORTH: 1 -95 SOUTH UNTIL IT TURNS INTO US 1. US SOUTH TO 27TH AVE.,
TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1
BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN
AMERICAN DR. PARKING IS ON RIGHT.
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Invitation for Bid (IFB) 274253,4
FROM THE SOUTH: US I NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED, SOUTH TO SO,
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, I BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR, PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid /proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and
strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by
the United States mail delivery or caused by any other occurrence. Responses received after the
solicitation closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle
System or in writing. Once a solicitation closes (closed date and /or time expires), the City will not consider
any subsequent submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be
placed in a separate envelope, box, or package and each envelope, box or package must contain the
information previously stated in 1.82.A.
1.80. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal
Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders /Proposers
should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for
the completion of the contract is subject to.the Florida State Sales Tax in accordance with Section 212.08,
Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer.
1.81. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate
this contract by written notice to the contractor effective the date specified in the notice should any of the
following apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the
contract.
B. The City has determined that such termination will be in the best interest of the City to terminate the
contract for its own convenience;
C. Funds are not available to cover the cost of the goods and /or services. The City's obligation is
contingent upon the availability of appropriate funds.
1.82. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services
awarded to a Bidder/Proposer have been received, inspected, and found to comply with award
specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be
made by the City of Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection
and acceptance of the goods /services and pursuant to Section 218.74, Florida Statutes and other applicable
law.
1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this
solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if
delivery is not made within the time(s) specified on their Response. Deliveries are to be made during
regular City business hours unless otherwise specified in the Special Conditions.
1.84. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted
the goods /equipment or used the goods, whichever comes first.
1.85.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses
submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An
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exception may be made for "trade secrets."
If the Response contains information that constitutes a "trade secret ", all material that qualifies for
exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE
SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the
outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any
person. By your designation of material in your Response as a "trade secret" you agree to indemnify and
hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and
attorney's fees incurred by the City by reason of any legal action challenging your claim.
1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified
Bidder(s) /Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a
change order or purchase order is issued and received by the Contractor. The qualified
Bidder(s) /Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the
contract or any work performed by an employee not otherwise previously authorized.
1.87. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other
publicity purposes. No advertising, sales promotion or other publicity materials containing information
obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express
written permission of the City Manager or the City Commission.
1.88. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders /proposers
must indicate any variances from the solicitation specifications and /or conditions, no matter how slight. If
variations are not stated on their Response, it will be assumed that the product fully complies with the
City's specifications.
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Invitation for Bid (IFB) 274253,4
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for Emergency Debris Removal and Disposal
Services, as specified herein, from a source(s) of supply that will give prompt and efficient service 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 by email or facsimile to the
Purchasing Department, Attn: Yadissa Calderon; fax: (305) 400 -5369 or email: ycaideron @ci.miami.fl.us.
The solicitation title and number shall be referenced on all correspondence. All questions must be received
no later than Monday, August 8, 2011 at 5:00 PM. All responses to questions will be sent to all prospective
bidders /proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY
OR AFTER SAID DEADLINE.
2.3. PRE- BID/PRE- PROPOSAL CONFERENCE
None
2.4. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with
the option to extend for three (3) additional one (1) year periods, subject to the availability of funds for
succeeding fiscal years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.5. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
a) Continued satisfactory performance compliance with the specifications terms and conditions
established herein.
b) Availability of funds
In the event the Contractor(s) is unable to extend the contract for any subsequent period under the above
conditions, or for whatever cause, advance written notice and explanation must be submitted to the Chief
Procurement Officer, no later than ninety (90) days prior to the annual expiration date. Such notification is
subject to the acceptance of the City, or the Contractor(s) may be found to be in default.
2.6. FIXED AND FIRM CONTRACT
Bidder is to provide fixed and firm bid prices for the services rendered throughout the term of contract as
described herein. This bid does not contain an adjustable clause whereby successful bidder(s) can increase
its prices unless there is volatility in the market or drastic price increases to fuel. Under these two
scenarios, Section 2.7, Equitable Adjustment, and/or, Section 2.8, Consumer Price Index- (CPI for Fuel),
may be invoked by the Purchasing Department.
2.7. EQUITABLE ADJUSTMENT
The Purchasing Department may, in its sole discretion, make an equitable adjustment in the contract terms
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Invitation for Bid (IFB) 274253,4
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 marketplace or industry,
not just the particular contract source of supply, (3) the effect on pricing or availability of supply 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.
2.8. CONSUMER PRICE INDEX- (CPI FOR FUEL)
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 2011 through 2016. 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 (2011) 331.4
Less CPI for previous period (2010) 240.2
Equals index point change 911
Divided by previous period CPI 24092
Equals = 1 0379
Result multiplied by 100 0.379 x 100
Equals = percent change 37.9
Any contractual increases /decreases must occur on the anniversary date of the contract award. Exceptions
may be allowed under extreme volatile market conditions and relief may be sought by exercising Section
2.7, Equitable Adjustment Clause.
2.9. NON - APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in
any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or
his assignee of such occurrence, shall have the unqualified right to terminate the contract without any
penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any
project(s) will be awarded to any firm(s).
2.10. METHOD OF AWARD
Award of this contract will be made to the three (3) lowest responsible and responsive bidder(s) who bids
on all items, and whose bid offers the lowest cost when all items are added in the aggregate, conforming to
the specifications herein.Bidders must bid on all items.
2.11. PRIMARY CLIENT (FIRST PRIORITY) SCHEDULE CONFLICT DUE TO VARIOUS
AREAS IMPACTED
The Successful Bidder(s) agree upon award of this contract that the City of Miami shall be its primary
client and shall be serviced first during a schedule conflict arising between this contract and any other
contract successful bidder(s) may have with any other cities and /or counties to perform similar services as a
result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public
emergency impacting various areas during or approximately the same time.
2912. BIDDER'S MINIMUM QUALIFICATIONS
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Invitation for Bid (IFB) 274253,4
a) Bids will be considered only from firms that is and have been regularly engaged in the business of
providing Emergency Debris Removal and Disposal Services as described in this Bid for the past five (5)
years.
b) Bidder shall list as references in the Header Attribute Section of this IFB; the services performed within
the past five (5) or more years. Include information such as the nature of the emergency, hurricane, storm,
major or critical event with overall cost paid to bidder for services rendered.
c) Bidder must have a record of performance for a reasonable period of time and sufficient financial
support. Bidder shall include with bid most recent completed Annual Financial Report. It is preferable that
a Dun & Bradstreet number and a current Dun & Bradstreet Comprehensive Report are submitted with
your bid. Failure to submit the AnnualFinancial Report shall deem your bid non - responsive.
d) Bidder shall provide a detailed list, of all owned trucks and equipment in its possession to service the
.City with Emergency Debris Removal and Disposal Services at the time of bid submittal. Bidder shall
provide the type of truck or equipment, make, model, license plate number, State registered in, truck or
equipment identification number with pictures of all trucks and equipment, and copies of ownership,
purchase, or leasing documentation for each item. Failure to demonstrate sufficienttrucks and
equipment to service this contract and to submitrequired detailed list of trucks and equipment with
proof ofownership, purchase, or leasing documents shall render your bidnon- responsive or bidder
non - responsible. Attachment A shall be completed in its entirety and submitted with your bid in
order to meet this requirement.
e) Bidder must demonstrate the necessary equipment and organization to insure that they can satisfactorily
provide the services if awarded a Contract under the terms and conditions herein stated.
f) Bidder shall 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.
g) Bidder shall have no record of pending lawsuits or criminal activities, and have never been declared
bankrupt.
The term "equipment and organization" as used herein shall be construed to mean a fully equipped and
well established industry as determined by the proper authorities of the City of Miami, Florida.
2.13. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS
Bidder must list any or all subcontractor(s) that may be utilized to assist in the efforts of Emergency Debris
Removal and Disposal services in Attachment B. Any subcontractor(s) listed must meet the same
requirements and submit the same information listed under the above section, 2.13, subsection a) — g),
Bidder's Minimum Qualifications. If bidder does not include any subcontractor(s) as part of its bid
submittal, it will be construed that bidder will be able to handle the entire workload by itself and will not be
allowed to subcontract any of the work unless it request in writing the hiring of subcontractor(s) with the
aforementioned requirements attached to its request within seventy two (72) hours of considering hiring
subcontractor(s). The City will grant or deny such request in writing within forty-eight (48) hours of
receiving said request
2.14. SUBCONTRACTOR(S) OF WORK SHALL BE IDENTIFIED
As part of its Bid, the Bidder is required to identify any and all subcontractor(s) s that will be used in the
performance of the proposed contract, their capabilities, experience, minority designation, as defined in
Ordinance 10062 and the portion of the work to be done by the subcontractor(s).
The Successful bidder shall not, at any time during the tenure of the contract, subcontract any part of
his/her operations or assign any portion or part of the contract, to subcontractor(s) not originally mentioned
in their Bid, except under and by virtue of permission granted by the City through the proper officials as
indicated in Section 2.13, Subcontractor(s) Minimum Qualifications.
Nothing contained in these specifications shall be construed as establishing any contractual relationship
between any subcontractor(s) and the City.
The Successful bidder shall be fully responsible to the City for the acts and omissions of their
subcontractor(s) and its' employees, and for acts and omissions of persons employed by the Successful
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Invitation for Bid (IFB) 27425334
bidder.
2.159 WORK ASSIGNMENTS, CITY'S RIGHT TO ADD ADDITIONAL CONTRACTOR(S), OR
HAVE CONTRACTOR(S) ADD ADDITIONAL SUBCONTRACTOR(S)
There are no implied or express guarantee that all successful bidders under this contract will receive work
assignments during any given catastrophic events such as tornadoes, hurricanes, severe storms or any other
public emergency. However, the City reserves the right to assign work to multiple successful bidders at
any given point in time, add Contractor(s) who were not part of the initial award to the contract or direct
successful bidder(s) to hire subcontractor(s), which may or may not be part of this bid contract, to expedite
the clean -up efforts of debris to restore normalcy and order to the lives of City residents, businesses, and
general public in an expeditious manner.
2.16. INSURANCE REQUIREMENTS
Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and
all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the
provisions of the contract, including all acts or omissions to act on the part of bidder, including any person
performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses
and causes of such action are not attributable to the negligence or misconduct of the City and, from and
against any orders, judgments or decrees which may be entered and which may result from this Contract,
unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof.
The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor,
Miami, FL 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained
which meets the requirements as outlined below:
Commercial General Liability (Primary & Non Contributory)
Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $29000,000
Products /Completed Operations $1,000,000
Personal and Advertising Injury $19000,000
Endorsements Required
City of Miami included as an Additional Insured
Contingent and Contractual Liability
Primary Insurance Clause
Premises and Operations Liability
Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Including Owned, Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
Endorsements Required
City of Miami included as an Additional Insured
Pollution Liability Endorsement (If Applicable
Worker's Compensation
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Invitation for Bid (IFB) 274253,4
Limits of Liability
Statutory-State of Florida
Waiver of Subrogation
A. Limits of Liability
$500,000 for bodily injury caused by an accident, each accident.
$500,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Umbrella Liability (Excess Follow Form)
A. Limits of Liability
Each Occurrence Limit $19000,000
Aggregate Limit $1,000,000
V. Pollution Liability (If Applicable)
A. Limits of Liability
Each Occurrence $1,0009000
Aggregate Limit $130009000
The above policies shall provide City of Miami with written notice of cancellation or material change
from the insurer in accordance to policy provisions.
Companies authorized to do business in the State of Florida with the following qualifications, shall issue
all insurance policies required above:
The company must be rated no less than "A -" as to management, and no less than "Class V" as to
Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to
review and verification by Risk Management prior to insurance approval.
The City needs to be named as additional insured. BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the bidder.
All insurance policies required above shall be issued by companies authorized to do business under the
laws of the State of Florida, with the following qualifications:
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 his liability and obligation
under this section or under any other section of this Agreement.
- -If insurance certificates are scheduled to expire during the contractual period, the 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:
d. 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.
e. The City may, at its sole discretion, terminate this contract for cause and seek re- procurement damages
from the Bidder in conjunction with the General and Special Terms and Conditions of the Bid.
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Invitation for Bid (IFB) 274253,4
The 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 Bidder.
2.17. 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 is 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 or nolo contendere to, any
violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is so
convicted.
(6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this
section.
2.18. PERFORMANCE AND PAYMENT BOND
As this contract is on a standby emergency basis, the City must be certain that the offeror has the capability
to obtain, within a few days, in the face of a major disaster, a surety bond to cover the extensive emergency
work which may be required to be initiated almost immediately. Therefore, to ensure such capability, the
City requires all Bidders to provide a signed Letter of Commitment from their surety company meeting the
requirements delineated above with their proposal, in the prescribed form and containing all of the required
terms and conditions as set forth herein. The Letter of Commitment shall exhibit clearly the Bidder's ability
to obtain, and upon a valid Notice to Proceed, the surety's obligation to provide, a surety Payment and
performance Bond for the project for an amount up to $5,000,000. The City reserves the right to seek
clarifications to satisfy the requirements of the commitment letter. See Attachment H, Sample Surety
Commitment Letter. Failure to include an appropriate executed letter from the surety company in an
acceptable format may deem your proposal non - responsive.
The successful bidder(s) to whom a contingent award is made for this service will be required to execute
and deliver to the City a Performance and Payment Bond in an amount equal to one hundred percent
(100 %) of the contract price. 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 by 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 contractor. The Performance and Payment Bond Form supplied by the City shall be the only
acceptable form. The completed form shall be delivered to the City upon receipt of a valid Notice to
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Invitation for Bid (IFB) 274253,4
Proceed but before commencing on the job or within 5 calendar days after commencing on the job to
provide services as a result of the City being struck by a Category 1 Hurricane, Tropical Storm, or severe
weather, 10 calendar days after a Category 2 or 3 Hurricane, or 15 calendar days after a Category 4 or 5
Hurricane. If the bidder fails to deliver the Payment and Performance Bond within this specified time,
including granted extensions, the City shall declare the bidder in default of the contractual terms and
conditions and the City shall have just cause for contract termination which forfeiture shall be considered,
not as a penalty, but in mitigation of damages sustained. The City may then require next lowest responsive,
responsible Bidder(s) to commence on the project (See Attachment C, C -1, C -2 & C -3)9
2.19, PERFORMANCE AND PAYMENT BOND AMOUNT BASED ON U.S. ARMY CORPS OF
ENGINEERS HURRICANE DEBRIS ESTIMATING MODEL
The City will forecast the total amount of Emergency Debris Removal and Disposal Services to be
provided by contractor(s) based on the U.S. Army Corps of Engineers Hurricane Debris Estimating Model
(See Attachment D) to determine the contract price for contractor to deliver a Performance and Payment
Bond in the amount of 100% of the contract price, if required by the City
2.20. FAILURE TO PERFORM
Should it not be possible to reach the contractor or supervisor and /or should remedial action not be taken
within 48 hours of any failure to perform according to specifications, the City reserves the right to declare
Contractor in default of the contract or make appropriate reductions in the contract payment.
2.21. NON - APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in
any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or
his assignee of such occurrence, shall have the unqualified right to terminate the contract without any
penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any
project(s) will be awarded to any firm(s).
2.22. CONTRACTOR'S EMPLOYEES AND ITS SUBCONTRACTOR'S EMPLOYEES ARE SOLE
RESPONSIBILITY OF CONTRACTOR AND NOT EMPLOYEE AGENTS CITY
All employees of the Contractor and Subcontractor's, if applicable, shall be considered to be, at all times,
employees of the contractor and subcontractor(s) under its sole direction and not employees or agents of the
City. The Contractor and Subcontractor(s) shall supply competent and physically capable employees. The
City may require the Contractor or Subcontractor to remove an employee the City deems careless,
incompetent, insubordinate or otherwise objectionable and whose continued employment under this
contract is not in the best interest of the City. Each employee shall have and wear proper identification.
All the services
required herein
shall
be performed by the
Contractor, and all personnel engaged in
performing the services
shall be
fully
qualified to perform
such services.
All personnel of the Contractor and Subcontractor shall be covered by Workmen's Compensation,
unemployment compensation, and liability insurance, a copy of which is to be provided to the City. See the
document entitled Insurance Requirements for specific requirements.
All applicable taxes, fringe benefits, and training for all personnel for the performance under the contract
shall be the sole responsibility of the Contractor and Subcontractor.
2.23. SUBCONTRACTOR'S AND SUBCONTRACTOR'S ACTS AND OMISSIONS'
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The Contractor shall be fully responsible to City for the acts and omissions for its' subcontractors and
persons directly or indirectly employed by them, as the Contractor is for the acts and omissions of person
employed by it.
The Contractor shall allow appropriate requirements to be placed to all its' subcontractors relative to the
services described herein and the City shall exercise all rights reserved to enforce it.
2.24. COMPLIANCE WITH FEDERAL STANDARDS
All services performed under this bid shall be in accordance with all governmental standards, to include,
but not limited to, those issued by the office of Safety and Health Administration (OSHA), the National
Institute of Occupational Safety Hazards (NIOSH), National Forest Products Association (NFPA),
Department of Environmental Resources Management (DERM), and Federal Emergency Management
Agency (FEMA)(Refer to the attached FEMA Recovery Fact Sheet RP9580.201 Debris Contracting
Guidance).
2.25, FEDERALLY FUNDED PROJECTS CONTRACT PROVISIONS
Contract provisions as outlined on the attached FWHA -1273 Form, as required by the U.S. Department of
Transportation, Federal Highway Administration for all emergency relief, federally funded projects are
incorparated herein, and made a part of the Special Conditions of this IFB document.
2926. DUMPING/TIPPING FEES
All dumping (tipping) fees are to be billed- as a passed through- to the City of Miami. Successful Bidder(s)
is /are required to pay the fee and evidence of payment must be provided with invoice.
2.27. COMPLETED WORK
The City shall be notified by the Contractor upon completion of work. The City shall inspect and approve
completed work before authorizing payment. Work not satisfactorily completed shall be redone by the
Contractor at no additional charge to the City.
2.28. CONTRACT ADMINISTRATOR
Upon award, contractor shall report and work directly with Solid Waste Department Director or authorized
designee, who shall be designated as the Contract Administrator.
2.29. SUPERVISION
Contractor shall assign one working "On Duty" Supervisor when designated by the contract administrator
or his /her designee. Contractor shall also advise the name and telephone number where a responsible
Supervisor, or the Contractor, may be reached at any time for purposes of taking complaints and receiving
information as to daily contract performance. In the event the assigned Supervisor demonstrates an
inability to properly supervise his/her personnel as determined by the contract administrator or his /her
designee, then the contract administrator or his/her designee have the authority to request the immediate
dismissal of said Supervisor of his /her responsibilities at the facility and Contractor is to assign another
individual upon four (4) hour notice (if requested by the City) to supervise staff in a satisfactory manner as
determined by the contract administrator or his/her designee. The City shall only be liable for payment of
the actual hours worked by said Supervisor(s).
230. USE OF PREMISES
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The contractor shall confine his /her equipment, apparatus, the storage of materials, and the operation of
his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager,
and shall not unreasonably encumber the premises with his/her materials. The contractor shall take all
measures necessary to protect his own materials.
2.31. DAMAGES TO PUBLIC/PRIVATE PROPERTY
The contractor 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
contractor, at his /her expense, shall repair or make restoration as is practical and acceptable to the City
and /or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to
exceed one month from date damage was done).
2.32. REFERENCES
Each bid must be accompanied by a list of references, which shall include the name of the company, dates
of contract, description of goods supplied, a contact person and the telephone number. NO BID WILL BE
CONSIDERED WITHOUT THIS LIST.
2.33. COMPLETE PROJECT REQUIRED
These specifications describe the various items or classes of work required, enumerating or defining the
extent of same necessary, but failure to list any item or classes under scope of the several sections shall not
relieve the contractor from furnishing, installing or performing such work where required by any part of
these specifications, or necessary to the satisfactory completion of the project.
2.34. CONTRACTOR TO BE REPRESENTED
The contractor 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 contractor 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 contractor in all cases, and to carry out any instructions relative
to the work may be given by the City.
2.35, SPECIFICATION EXCEPTIONS
Specifications are based on the most current literature available. Bidder shall notify the City of Miami
Purchasing Department, in writing, no less than ten (10) days prior to solicitation closing date of any
change in the manufacturers' specifications which conflict with the specifications. For hard copy bid
submittals, bidders must explain any deviation from the specifications in writing as a footnote on the
applicable specification page and enclose a copy of the manufacturer's specifications data detailing the
changed item(s) with his/her submission. For electronic bid submittals, bidders must explain in the Header
Section or by an Attachment and, if applicable, enclose a scanned copy of the manufacturer's specifications
data detailing the changed item(s) with his/her submission. Additionally, bidders must indicate any options
requiring the addition of other options, as well as those which are included as a part of another option.
Failure of bidders to comply with these provisions will result in bidders being held responsible. for all costs
required to bring the item(s) in compliance with contract specifications.
2.36. PUBLIC CONVENIENCE AND SAFETY
The contractor shall conduct his work so as to interfere as little as possible with private business or public
travel. He shall, at his 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 he shall be liable for
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Invitation for Bid (IFB) 274253,4
all damages occasioned in any way by his actions or neglect or that of his agents or employees.
The contractor shall meet the following noise abatement performance standards for all construction
equipment:
Between the hours of 7:00 A.M. and 6:00 P.M. noise levels shall not exceed 80 dBA at the nearest
residential or commercial property line.
Operation of equipment should be avoided between the hours of 6:00 P.M. and 7:00 A.M., but if required,
the noise level shall not exceed 65 dBA.
2.37. ADDITIONS/DELETIONS OF SERVICE REQUIRED
Although this Solicitation identifies specific items /services, it is hereby agreed and understood that any
items /services 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 and other supplier(s), as deemed necessary,
shall be invited to submit price quotes for these new item(s) /service(s). If these quotes are comparable with
market prices offered for similar item(s) /service(s), the supplier(s) and/or item(s) /service(s) shall be added
to the contract whichever is in the best interest of the City and an addendum shall be issued by the City.
2.38. AVAILABILITY OF CONTRACT TO OTHER MUNICIPALITIES/DADE COUNTY
Although this solicitation is specific to the City of Miami, it is hereby agreed and understood that any other
municipality located within Miami -Dade County or any other municipality, may avail itself of this contract
and purchase any and all services specified herein from the successful bidder(s) at the contract price(s)
established herein so long as it does not create a schedule conflict. Municipality may not avail itself in
utilizing this contract, if services are required by the City of Miami during or approximately the
same time. The aforementioned shall be utilized only after the successful bidder(s) has been contacted and
agreed to provide said services at those established prices.
2.39. SAFETY MEASURES
Contractor 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 his /her operation and work in progress must be posted.
All employees of contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and
hearing protection when and wherever applicable. The contractor shall use only equipment that is fully
operational and in safe operating order. Contractor 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.
2.40. TERMINATION
A. FOR DEFAULT
If Contractor 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 Contractor 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 Contractor was not in default or (2) the Contractor's failure to perform is
without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a
termination for the convenience of the City of Miami.
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Invitation for Bid (IFB) 274253,4
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 interests 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 Contractor 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.
2.41. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the 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 and Special Conditions in this solicitation are the only conditions applicable to
this solicitation and that the bidder's /proposer's authorized signature affixed to the bidder's /proposer's
acknowledgment form attests to this.
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Invitation for Bid (IFB) 27425354
3. Specifications
3.1. PURPOSE
The purpose of this Bid is to establish a term, fixed and firm price, contract, by means of sealed bids, for
Emergency Debris Removal and Disposal Services, as specified herein, on an as- needed, when needed
basis. Said companies shall provide prompt and efficient services to support the City of Miami for the
clean -up, pick -up, demolition, removal, reduction, hauling and disposal of debris as directed by the City in
order to eliminate immediate threats of life, public health, and safety as a result of any catastrophic events
such as tornadoes, hurricanes, severe storms or any other public emergency for the Department of Solid
Waste. Additionally, said companies will provide disaster recovery, technical support and technical
program management assistance. These services may involve comprehensive management of the City's
disaster recovery program that includes planning and executing debris collection and disposal and ensuring
compliance with all FEMA requirements relating to monitoring, truck and trailer certifications, load ticket
validations and ticket accounting services. In addition, selected Contractor(s) may be required to provide
community relations support during all phases of the disaster recovery including progress reports, damage
complaint investigations and resolutions and progress reports.
The work shall consist of clearing and removing any and all "eligible" debris (see below for a definition of
eligible debris) primarily from the public right -of -way (ROW) of streets and roads, as directed by the
Contract Administrator (CA). Work will include 1) examining debris to determine whether or not debris is
eligible, burnable or non burnable, 2) loading the debris, 3) hauling the debris to an approved dumpsite or
landfill, and 4) dumping the debris at the dumpsite or landfill. Ineligible debris will not be loaded, hauled,
or dumped under this contract. Burnable debris will be loaded separately from non - burnable debris. Mixed
loading of burnable and non - burnable will be kept to a minimum. The CA will determine the appropriate
dumpsite for mixed loads.
Debris removal shall include all eligible debris found on the ROW within the area designated by the CA.
The CA may specify any eligible debris within the ROW which should not be removed, or which should be
removed at a later time. The Contractor(s) shall make as many passes through the designated area as
required by the CA. The Contractor(s) shall not move from one designated work area to another designated
work area without prior approval from the CA. Any eligible debris, such as fallen trees, which extends onto
the ROW from private property, shall be cut at the point where it enters the ROW, and that part of the
debris which lies within the ROW shall be removed. The Contractor(s) shall not enter onto private
property during the performance of this contract, unless specifically authorized by the CA.
3.2 DEFINITIONS
Chipping: Reducing wood related material by mechanical means into small pieces to be used as mulch or
fuel. Chipping and mulching are often used interchangeably
Debris: Scattered items and materials broken, destroyed, or displaced by a natural disaster such as trees,
construction, and demolition material, personal property.
Debris, Construction and Demolitions (C & D): Material generated from damaged or destroyed
structures including, but not limited to: wood waste (lumber), insulation, gypsum board, glass, concrete,
asphalt, bricks, roofing shingles, and roofing tiles. Much of this material can be recycled, if recycling
facilities are available.
Debris, Non - Vegetative: Includes, but not limited to, treated timber, plastic, glass, rubber products, metal
products, sheet rock, cloth items, non -wood building materials and carpeting. Some non - vegetative debris
is recyclable. Recyclable debris includes metal products, trailer parts, household appliances, or
uncontaminated soil.
Debris, Vegetative: Includes, but not limited to trees, limbs, branches, and foliage that have been broken,
destroyed, or displaced by a natural disaster.
Debris Clearance: Clearing the major road arteries by pushing debris to the roadside to accommodate
emergency traffic.
Debris Removal: Picking up debris and taking it to a temporary storage site or permanent landfill.
Debris Disposal: Placing mixed debris and /or residue from volume reduction operations into an approved
landfill or recycling center.
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Final Disposal Site: Site to be identified and secured by the Contract prior to the start of each hurricane
season for the disposal of vegetative debris.
Garbage: Waste that is regularly picked up by the City, such as food, plastics, wrapping, papers, etc.
Hazardous Waste: Materials and products from institutional, commercial, recreational, industrial, and
agricultural sources that contain certain chemicals with one or more of the following characteristics, as
defined by the Environmental Protection Agency: (1) Toxic, (2) Flammable, (3) Corrosive and/or (4)
Reactive
Household Hazardous Waste: Used or leftover contents of consumer products that contain chemicals with
one or more of the following characteristics, as defined by the Environmental Protection Agency: (1)
Toxic, (2) Flammable, (3) Corrosive and /or (4) Reactive. Examples of household hazardous waste include
small quantities of normal household cleaning and maintenance products, latex and oil based paint,
cleaning solvents, gasoline, oils, swimming pools chemicals, pesticides, propane gas cylinders.
Recycling: The recovery and reuse of metals, soils, and construction materials that may have a residual
monetary value.
Rights -of -Way: The portions of land over which facility, such as highways, railroads, or power lines are
built. Includes land on both sides of the street up to the property line.
Storage Site: Also known as Temporary Staging Sites for Debris Processing and Reduction(TDSRS)
is a location where debris is temporarily stored until it is reduced in volume and/or taken to a permanent
landfill, recycling center, or other final disposal site.
Stumps: Tree stumps with base cut measurements less than 2 feet in diameter will be disposed of with the
same methods used for other vegetative debris. Tree stumps larger than 2 feet in diameter will be disposed
of by either splitting and burning or chipping/grinding. The method will be at the discretion of the City.
White Goods /Metals: Household appliances, such as refrigerators, freezers, stoves, washers, and dryers.
3.3 DEBRIS CLASSIFICATION
Eligible Debris: Debris that is within the scope of this contract falls under three possible classifications:
Burnable, Non - Burnable, and Recyclable. Debris that is classified as Household Hazardous Waste (HHW)
is not to be transported by this contract.
Ineligible Debris: Ineligible debris to remain in place includes, but is not limited to, chemicals, petroleum
products, paint products, asbestos, and power transformers.
Any material that is found to be classified as hazardous or toxic waste (HTW) shall be reported
immediately to the designated CA. At the CA direction, this material shall be segregated from the
remaining debris in such a way as to allow the remaining debris to be loaded and transported. Standing
broken utility poles, damaged and downed utility poles and appurtenances, transformers and other electrical
material will be reported to the CA. Emergency workers shall exercise due caution with existing overhead
and underground utilities and above ground appurtenances, and advise the appropriate authorities of any
situation that poses a health or safety risk to workers on site or to the general population.
Burnable Debris: Burnable debris includes all biodegradable matter except that included in the following
definitions of other categories of debris. It includes, but is not limited to, damaged and disturbed trees;
bushes and shrubs; broken, partially broken and severed tree limbs; untreated structural timber; untreated
wood products; and brush.
Burnable Construction Debris: Burnable construction and demolition debris consists non - creosote
structural timber, wood products, and other materials designated by the City of Miami.
Non - Burnable Debris. Non - burnable debris includes, but is not limited to, treated timber;plastic; glass;
rubber products; metal products; dry wall; cloth items; non -wood buildingmaterials; metal products (i.e.
Mobile Trailer parts, Household appliances (White Metal),and similar items), or uncontaminated soil;
roofing materials; and carpeting.
Household Hazardous Waste (HHW). Household hazardous wastes, such as petroleum products, paint
products, etc., and known or suspected hazardous materials, such as asbestos, lead -based paint, or electrical
transformers shall be removed by others. Coordination for hazardous debris removal is the responsibility of
the City.
Stumps. Tree stumps located within the ROW with are one -half or more of the root ball exposed will be
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Invitation for Bid (IFB) 274253,4
removed. Tree stumps with base cut diameter measurements less than or equal to 24 inches (measured 24
inches up from where the tree originally exited the ground) will be considered to be burnable debris and
removed of with the same methods used for other burnable debris. Tree stumps larger than 24 inches in
diameter will be removed of as splitting, burning or chipping/grinding and paid for in accordance to the
MEASURMENT and PAYMENT paragraphs in this contract.
3.4 SCOPE OF WORK
Disaster Recovery Management Contractor(s)s to support the City of Miami in the management of debris,
vegetative debris, pick -up, hauling, and final disposition at a state /federal permitted disposal facility
meeting all regulatory requirements resulting from, but not limited to, catastrophic events such as
hurricanes, tornadoes or severe storms. These services may involve comprehensive management of the
City's disaster recovery program including:
1. Planning and execution of all debris collection and removal operations as directed by the City.
2. Pre - staging of equipment and personnel.
3. Emergency Road Clearance
Removal of debris from the primary arterial roadways and the primary transportation routes as
directed by the City
Schedule of timeline for debris removal strategically citywide
4. Debris Removal from Public Property — Removal of debris from public rights -of -way. Removal of
debris beyond public rights -of -way, as necessary, to abate imminent and/or significant threats to the public
health and safety of the community.
5. Debris Removal from Private Propegy — Should an imminent threat of life, safety and health to the
general public be present on private property, the Contractor(s), as directed by the City, will accomplish the
removal of debris from private property.
6. Temporary Staging Sites for Debris Processing and Reductio (TDSRS)
Sand screening
Debris Sorting
Grinding and mulching operations
Reduction
The Contractor(s) will prepare and maintain a sufficient number of TDSRS sites to accept and process all
eligible storm vegetative debris. Preparation and maintenance of sites shall include maintenance of the
TDSRS approach and interior road(s) for the entire period of debris hauling, including provision of stone
for any roads that require stabilization for ingress and egress. Each site shall include a roofed inspection
tower sufficient for a minimum of three (3) inspectors (City, FEMA and Monitoring Consultant) for the
inspection of all incoming and exiting loads. All debris shall be processed in accordance with federal, state
and local laws and FEMA standards, rules and regulations. Processing shall include reduction by grinding.
Prior to reduction, all debris shall be segregated between vegetative debris, construction and demolition
debris, recyclable debris, white goods and hazardous waste.
7. Infrastructure Damage and Repair Assessments
All damages property /vehicle /utility shall be reported and resolved by the Contractor(s)
All temporary staging sites shall be returned to pre- existing condition when project is completed
(sodding, fencing, paved roads, etc.)
8. General Hazardous Waste Abatement — Abatement of hazardous waste identified by the City in
accordance with all applicable federal, state and local laws and FEMA standards, rules and regulations.
9. Debris Disposal — Disposal of all eligible debris, reduced debris and other products of the debris
management process in accordance with all applicable federal, state and local laws and FEMA standards,
rules and regulations.
10. Planning and execution of all reduced vegetative debris pickup, hauling and delivery of material to
final destination for disposal.
11. Final disposal must be at a state /federal permitted facility meeting all regulatory requirements for
disposition.
12. All trucks will be certified by the City's monitoring company.
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Invitation for Bid (IFB) 274253,4
13. All trucks will be properly labeled pursuant to the criteria of the City's procedure for hauling debris
from temporary staging sites.
14. Contractor(s) must provide load tickets and disposal tickets for final disposition verification as
certified by the City or City's Monitoring Company.
15. Infrastructure Damage and Repair Assessments
All damages property /vehicle /utility shall be reported and resolved by the Contractor(s)
16. Documentation and Inspections — Storm debris shall be subject to inspection by appropriate state
agencies (FEMA, DERM, etc.) Inspections will be to insure compliance with the contract and applicable
federal, state, and local laws, and FEMA standards, rules, and regulations. The Contractor(s) will, at all
times provide the City access to all work sites (temporary staging areas and disposal areas even if site is not
City property). The Contractor(s) and the City will have in place at the Temporary Debris Staging and
Reduction (TDSRS's) personnel to verify and maintain records regarding the contents and cubic yards of
the vehicles entering and leaving the TDSRS's.
17. Work Areas - The City shall establish and approve all areas that the Contractor(s) will be allowed to
work, including the number of crews necessary to accomplish the task and daily updates of completion.
The Contractor(s) will remove all eligible debris and leave the site and locations from which the debris was
removed in a clean and neat condition.
18. White Goods — The Contractor(s) may expect to encounter white goods available for disposal. White
goods will constitute household appliances as defined in the Florida Administrative Code. The
Contractor(s) will dispose of all white goods encountered in accordance with applicable federal, state and
local laws.
19. Hazardous Stumps — The Contractor(s) shall remove all stumps that are determined to be hazardous to
public access and as directed by the City. The City, through their monitors will measure each stump three
(3) feet above normal ground level, to determine the diameter of the trunk. Once the diameter is
established the stump will be physically removed by the best means available. Stumps shall be hauled to
TDSRS where they shall be inspected prior to grinding. If left in the ground the stumps will be cut flush to
the ground and then grind, all roots must be removed and holes filled with dirt. Pricing should be
submitted for the following:
Stumps 25 inches in diameter but less than 37 inches in diameter
Stumps 37 inches in diameter but less than 49 inches in diameter
Stumps equal to or greater than 49 inches in diameter
20. Tree Removal and Tree Hangers (Public Owned and Maintained Areas) - The Contractor(s)shall
remove both downed and leaning trees (including stump associated with such a tree), hangers, and broken
limbs that pose a significant threat to public health and safety as directed by the City. The City, through
their monitors, will measure each tree three (3) feet above normal ground level. To determine the diameter
established, the tree will be physically removed by the best means available. Pricing for this scope of
service should be detailed as follows and provided on a cradle to grave basis, which is one price for
removal and transport to final destination:
Trees up to, but less than 6 inches in diameter
Trees 6 inches in diameter and up, but less than 12 inches
Trees 12 inches in diameter and up, but less than 24 inches
Trees 24 inches in diameter and up, but less than 48 inches
Trees equal to or greater than 48 inches indiameter
The removal of hanging or broken limbs will be conducted on a per cost tree basis (regardless of the
number of hangers removed) up to a height of 65 feet, at the city's discretion. Pricing shall be provided on
a cradle to grave basis, which is one price for removal through disposal at final destination.
21. Fill Dirt — The Contractor(s) shall place compacted fill dirt in holes created by removed stumps and/or
ruts created by equipment that pose a hazard to public access by direction of the City or in any other
location as directed by the City.
22. Documentation and Recovery Process — Contractor(s) will provide the following:
Recovery process documentation — create recovery process documentation plan.
Maintain documentation of recovery process.
Provide written and oral status reports as requested by the City.
Review documentation for accuracy and quantity.
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Invitation for Bid (IFB) 274253,4
Assist in preparation of claim documentation as required.
23. Flag Personnel:
The Contractor(s) shall provide suitably qualified and equipped flag personnel when debris removal
operations encroach on traffic lanes.
The regulation of traffic by flag personnel shall be in accordance with the requirements of FDOT or
the authority having jurisdiction
24. Flares and Lights:
During periods of low visibility, Contractor(s) shall provide flares and Lights to guide traffic, if
necessary, to clearly delineate traffic lanes, Illuminate parking areas, and to warn of hazardous areas.
Flag personnel shall use lights in directing traffic during periods of low visibility.
25. Parking Control:
Contractor(s) shall control all Contractor(s) related vehicular parking so as to not interfere with
public traffic access and parking, access to Emergency vehicles, the City's operations or work
operations.
Contractor(s) shall ensure free vehicular access to and through the Parking areas.
Contractor(s) shall not permit parking on or adjacent to access roads or in non - designated areas.
26. Posted Speed Limits
Contractor(s) and his /her staff will adhere to all posted speed limits per Department of
Transportation (DOT) regulations. Additionally, adherence to speed limits posted at temporary
staging sites are required.
Contractor(s) shall require all Contractor(s) related vehicular traffic to adhere to all Department of
Transportation toll station criteria.
27. Posted Weight Limits
Contractor(s) and his /her staff will adhere to all posted weight limits per the Department of
Transportation (DOT) regulations.
28. Cost Structure
Pricing
must be provided on a cost per cubic
yard and
on a tonnage basis
Where
specified pricing shall
be provided on
a cradle
to grave
basis
Pricing:
Hauling $ per /CY
Disposal $ per /CY
Single Fee $ per /CY
(Single Fee = Hauling + Disposal)
$ per Ton
$ per Ton
$ per Ton
3.5 CONTRACTOR(S) PERFORMANCE NOT TO INTERFERE WITH FEDERAL, STATE,
LOCALAND OTHER GOVERNMENTAL ACTIVITY
The Contractor(s) shall conduct the work so as not to interfere with the disaster response and
recovery activities of Federal, State, and Local governments or agencies, or of any public
utilities.
3.6 CITY'S RIGHT TO INSPECT SITE, QUANTITIES, AND OPERATIONS
The City or its designee reserves the right to inspect the site, verify quantities, and review operations at any
time.
397 LOAD TICKETS
"Load tickets" will be used for recording volumes of debris removal(See Attachment E).
Each ticket will contain the following information:
Ticket Number
Contract Number
Date
Contractor(s) Name
Site Departure Time
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Dump Arrival Time
Debris Classification
Debris Quantity
3.8 DISTRIBUTION AND VALIDATION OF LOAD TICKETS
Load tickets will be issued by a CA or designee prior to departure from the loading site. The CA or
designee will keep one copy of the ticket, and give three copies to the vehicle operator. Upon arrival at the
dumpsite, the vehicle operator will give the three copies to the CA or designee at the dumpsite, the CA or
designee will validate, retain one copy and give two copies to driver for the Contractor's records, (one copy
for the sub - Contractor(s) and one copy for the prime
Contractor(s).
3.9 DUMPSITES
The Contractor(s) shall use only debris dumpsites designated by the City as temporary or permanent by
Contractor(s) in this bid. Contractor(s) must provide location(s) of permanent dumpsites. The
Contractor(s) shall haul non - burnable debris to the site designated for non - burnable debris and burnable
debris to the burn sire designated. The dumpsite operator shall direct all dumping operations. The
Contractor(s) shall cooperate with the dumpsite operator to facilitate effective dumping operations.
3.10 PERFORMANCE SCHEDULE AND LIQUIDATED DAMAGES
The Contractor(s) shall commence performance on the commencement date indicated on the purchase
order. The Contractor(s) shall, with the CA direction, perform services consistent with the plan showing
where operations will begin and which streets /roads will be cleared on a 2, 7, 14 day projection. The plan
will be updated every 2 days. Maximum allowable time for completion in calendar days will be indicated in
the purchase order, unless the City initiates additions or deletions to the contract by written change orders.
Subsequent changes in completion time will be equitably negotiated by both parties pursuant to applicable
State and Federal law. Liquidated damages shall be assessed at $1,000 per calendar day for any time over
the maximum allowable time established by the contract.
3.11 TRUCKS AND EQUIPMENT
All trucks and other equipment must be in compliance with all applicable federal, state, and local law, and
FEMA rules and regulations. Any, truck used to haul debris must be capable of rapidly dumping its load
without the assistance of other equipment; be equipped with a tailgate that will effectively contain the
debris during transport and permit the truck to be filled to capacity; and measured and marked for its load
capacity.
Sideboards or other extensions to the bed are allowable provided they meet all applicable rules and
regulations, cover the front and both sides, and are constructed in a manner to withstand severe operating
conditions. The sideboards are to be constructed of 2" by 6" boards or greater and not to extend more than
two feet above the metal bedsides. The CA must approve all requests for extensions. Equipment will be
inspected prior to its use by the Contract Administrator or designee.
Trucks and other heavy equipment designated for use under this contract shall be equipped with two signs;
one attached to each side indicating primary Contractor(s) or Subcontractor(s) name.
Prior to commencing debris removal operations, the Contractor(s) shall present to the City's representative
or designee a listing of all trucks or trailers that will be used for hauling debris, for the purpose of
determining hauling capacity. The hauling capacity will be based on the interior dimensions of the truck's
metal dump bed. Hauling capacity, in cubic yards, will be recorded and marked on each truck or trailer with
permanent markings. Each truck or trailer will also be numbered for identification with a permanent
marking. Trucks or equipment which are designated for use under this contract shall not be used for any
other work during the working hours of this contract. The Contractor(s) shall not solicit work from private
citizens or others to be performed in the designated work area during the period of this contract. Under no
circumstances will the Contractor(s) mix debris hauled for others with debris hauled under this contract.
Equipment used under this contract shall be rubber tired and sized properly to fit loading conditions.
Excessive size equipment (6 CY and up) and non - rubber tired equipment must be approved by the CA.
3.12 REPORTING
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The Contractor(s) shall submit a report to the CA during each day of service performed.
Each report shall contain, at a minimum, the following information:
Contractor(s)'s Name
Contract Number
Crew
Location of work
Day of Report
Daily and cumulative totals of debris removed, by category
Discrepancies between the daily report and the corresponding load tickets will be reconciled
no later than the following day (See Attachment F).
3.13 SUPERVISION OF LABOR AND CONTRACTOR(S)RESPONSIBILITY FOR
EMPLOYEES SAFETY AND COMPENSATION
The Contractor(s) shall supervise and direct the work, using skillful labor and proper equipment for all
tasks. The Contractor is solely responsible for the means, methods, techniques, sequences, safety program
and procedures. Safety of the Contractor's and Subcontractor's personnel and equipment is the
responsibility of the Contractor(s) and its' Subcontractors.
Contractor(s) shall employ and maintain on work site(s), a qualified supervisor(s) who shall have full
authority to act on behalf of the Contractor and all communications given to the supervisor by the CA shall
be as binding as if given to the Contractor.
Additionally, the Contractor(s) shall pay for all materials, personnel, taxes, and fees necessary to perform
under the terms of this contract.
3.14 LICENSES AND PERMITS
The Contractor(s) must be duly licensed in accordance with the state's statutory requirements to
perform the work. The Contractor(s) shall obtain all permits necessary to complete the work. The
Contractor(s) shall be responsible for determining what permits are necessary to perform under the
contract. Copies of all permits shall be submitted to the CA.
3.15 CORRECTIVE ACTIONS
The Contractor(s) shall be responsible for taking corrective action in response to any notices of violations
issued as a result of the Contractor(s) or any SubContractor(s) actions or operations during the performance
of this contract. Corrections for any such violations shall be at no additional cost to the City.
3.16 MAINTENANCE OF TRAFFIC (M.O.T) PLAN
The Contractor(s) shall be responsible for control of pedestrian and vehicular traffic in the work area. The
Contractor(s) shall provide all flag persons, signs, equipment, and other devices necessary to meet Federal,
State, and Local requirements. The traffic control personnel and equipment shall be in additional to the
personnel and equipment required in other parts of this contract. At a minimum, one flag person should be
posted at each approach to the work area.
3.17 DEBRIS MEASUREMENT
Measurement for burnable debris removed will be by the cubic yard or per ton as predeterminedthrough
truck bed measurement. Trucks with less than full capacities will be adjusted down byvisual inspection or
as indicated by truck scales by the CA. Measurement will be documented by load tickets.
Measurement for non - burnable debris removed will be by the cubic yard or per ton as predetermined
through truck bed measurement. Trucks with less than full capacities will be adjusted down by visual
inspection or as indicated by truck scales by the CA. Load tickets will document measurement.
Measurement for payment of stumps removed with 25 to 36 inch diameters base cuts (measured 24 inches
up from where the tree originally exited the ground) shall be per stump.
Measurement for payment of stumps removed with 37 to 48 inch diameter base cuts (measured 24 inches
up from where the tree originally exited the ground) shall be per stump.
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Invitation for Bid (IFB) 274253,4
Measurement for payment of stumps removed with 49 inch and larger diameter base cuts (measured 24
inches up from where the tree originally exited the ground) shall be per stump.
3.18 PAYMENT
Payment for the removal of burnable debris (including stumps 24 inches and smaller) to include all cost
associated with loading, hauling and dumping will be paid for under the contract bid item for Burnable
Debris.
Payment for the removal of non - burnable debris to include all cost associated with loading, hauling and
dumping will be paid for under the contract bid item for Non - burnable Debris.
Payment for the removal of stumps, 25 inches and larger, to include all cost associated with loading,
hauling and dumping will be paid for under the contract bid item for the appropriate size category for
Stumps.
Payment for mobilization and demobilization will be in a lump sum and paid for under the contract bid
item for Mobilization and Demobilization.
Payment for work completed may be invoiced on a bi- weekly basis. Invoices will be based on verified
quantities from the daily operational reports and valid load tickets.
The Contractor(s) will be entitled to invoice for 60% of the mobilization and demobilization line item after
all equipment is delivered to the designated work site. The remaining 40% will be due after all equipment is
removed from the work site and receipt of a proper invoice.
All payments made under this contract will be in accordance with PAYMENTS clauses located in other
sections of this contract.
The City may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
Non- satisfactory work not remedied
Claims filed or reasonable evidence indicating probable filing of claims by other parties against
Contractor or City because of Contractor's performance
Failure of Contractor to make payments properly to Subcontractors or for material or labor.
Damage to another contractor not remedied
Liquidated damages and costs incurred by City for failure to perform
Failure of Contractor to provide any and all documents required.
When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall
be made in whole or in part.
3.19 RETAINAGE FEE
The City shall withhold a retainage fee in the amount of ten percent (10 %) of the value of the work of the
estimated amount of the project completed. Additionally, said amount shall be withheld until all site
reclamation is completed in accordance with all Federal, State and Local laws, standards and regulations.
Site reclamation shall be accomplished in accordance with the Contractor(s)'s Debris Management Plan.
Temporary Staging Site Areas will be restored to its Pre -Use Condition. All costs for site reclamation shall
be required as a part of this bid. Upon successful completion of same, retainage amount shall be released
upon the CITY'S certification of all required criteria has been successfully completed and releases of liens
received by contractor and subcontractor(s).
3.20 FINAL RELEASE OF LIEN BY CONTRACTOR AND SUBCONTRACTOR(S)
Before issuance of the Final Release of Lien by Contractor for Payment, CONTRACTOR shall deliver to
the City a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an
affidavit certifying that all subcontractors have been paid in full and that all other indebtedness connected
with the Work has been paid, and a consent of the surety to final payment (See Attachment G),
3.21 TEMPORARY DEBRIS STAGING AND REDUCTION SITE (TDSRS)
Debris shall be removed citywide and taken to a temporary debris staging and reduction site. The primary
staging site will be the City of Miami's Virginia Key Compost Facility located at 3701 Rickenbacker
Causeway (other staging sites will be identified as needed). The primary facility will be used to temporarily
store debris for reduction and subsequent hauling for final disposal. The Contractor(s) shall provide an
Page 49 of 51
Invitation for Bid (IFB) 274253,4
on -site indoor /office workspace and any necessary utilities, connection and hook ups independent of the
City.
Additionally, the two other sites utilized in the past for debris management, Biscayne Park and Athalie
Range Park, have subsequently had extensive improvements made that were not in place previously.
In recognition of the changing needs of the City with respect to limited potential TDSRS locations, current
property development within the City and the need to acquire additional sites within the City to support a
significant debris generating event, the potential to utilize sites with substantial improvements above and
beyond sites utilized in the past needs to be addressed.
The following additional provisions for extensive temporary site restoration, if required, will apply and
include but are not limited to the following:
1. Evaluate each potential temporary debris staging site as presented by the City on an individual basis to
develop the appropriate plan for optimal use, preparing the site for debris storage and for subsequent
restoration after operations cease.
2. Provide to the City a video record of the pre-and post -use site conditions.
3. Prepare a plan of proposed site layout and review with the City prior to its implementation.
4. At the direction of the City, and based on City approved plan, preparations shall be made for the
removal of pertinent site improvements such as fencing, lighting, irrigation, etc. to be stored appropriately
for reinstallation, as feasible, after operations cease.
5. Upon closure of the TDSRS, restore the TDSRS to its pre -use condition, meeting all regulatory
requirements for the site closure; survey the site to verify that it has been restored to pre -use elevation and
condition.
6. As directed by the City, sod, hydro -seed or sprig the TDSRS property once all other site closure issues
have been addressed and cleared by the appropriate environmental agency.
7. As directed by the City, reinstall and /or replace all deconstructed site elements removed for debris
operations back to pre- disaster conditions.
8. As directed by the City, Contractor shall provide an itemized proposal to the City for review and
approval prior to commencement of restoration activities including but not limited to the above items.
3.22 SERVICES AND FACILITIES
Contractor(s) shall provide and pay for all labor, tolls, equipment, transportation, supervision, and all other
services and facilities of any nature whatsoever necessary to execute, complete and deliver the services
within the time specified in the Purchase Order
Page 50 of 51
Invitation for Bid (IFB) 274253,4
Page 51 of 51
Crystal Report Viewer
File ID: 11 -01081
Enactment #: R -11 -0509
Version: 1
City of Miami
Text File Report
Type: Resolution
Introduced: 11/9/11
Page 1 of 1
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Status: Passed
Enactment Date: 12/15/11
Controlling Body: Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED
SEPTEMBER 1, 2011, PURSUANT TO INVITATION FOR BID NO, 274253, FROM DRC
EMERGENCY SERVICES, LLC, BYRD BROTHERS EMERGENCY SERVICES, LLC, AND
CROWDER -GULF JOINT VENTURE, INC., THE THREE (3) LOWEST RESPONSIVE AND
RESPONSIBLE BIDDERS, FOR EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES,
ON AN AS- NEEDED CONTRACTUAL BASIS, FOR THE DEPARTMENT OF SOLID WASTE, FOR
AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR
THREE (3) ADDITIONAL ONE -YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS
SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT THE TIME OF NEED,
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The bids received September 1, 2011, pursuant to Invitation for Bid No. 274253, from DRC Emergency
Services, LLC, Byrd Brothers Emergency Services, LLC, and Crowder -Gulf Joint Venture, Inc., the three (3) lowest responsive
and responsible bidders, for emergency debris removal and disposal services, on an as- needed contractual basis, for the
Department of Solid Waste, for an initial contract period of two (2) years, with the option to renew for three (3) additional
one -year periods, are accepted, with funds allocated from the various sources of funds, subject to the availability of funds
and budgetary approval at the time of need.
Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. { 1 I
http:/ /egov.ci.miami.fl.us/LegistarWeb /temp /rep 15D4.html 12/28/2011
EMERGENCY DISASTER DEBRIS
MANAGEMENT SERVICE CONTRACT
THIS AGREEMENT made and entered into this day of J u,,P e, , 2012, by and between the
City of South Miami, a Florida municipal Corporation (hereinafter referred to as "City ") and Crowder -Gulf Joint
Venture, Inc., (hereinafter referred to as "Contractor ").
WITNESSETH:
WHEREAS, the City of Miami solicited bids, pursuant to IFB 274253, for disaster debris management
services; and
WHEREAS, the City of Miami, after completing a competitive bidding process, passed and adopted
Resolution No. R -11 -0509 on December 15, 2011 authorizing the City of Miami to enter into disaster debris
management service contracts with Crowder -Gulf Joint Venture, Inc., Byrd Brothers Emergency Services, LLC and
DRC Emergency Services, LLC.
WHEREAS, the City of South Miami desires to utilize the City of Miami's disaster debris management
service contract pursuant to provision 2.37 of IFB 274253, which itself provides for availability of this contract to
other municipalities, and pursuant to authority of the City of South Miami's own city charter.
NOW, THEREFORE, the City and the Contractor, each through their authorized representative /official,
agree as follows:
1. The City desires to enter into a Contract for Disaster Recovery Services, under the same terms
and conditions as the agreement between Contractor and the City of Miami which contract is found in City of
Miami's IFB Number 274253 for Emergency Debris Removal and Disposal Services.
2. The City has reviewed the contract and agrees to the terms and conditions and further agrees to
the fair and reasonableness of the pricing. Contractor hereby agrees to provide such services under the same
price(s), terms and conditions as the contract found in IFB Number 274253, a copy of which is attached hereto
and made a part hereof by reference.
3. All references
in the contract
between
Contractor and the City of Miami shall be assumed to
pertain to, and are binding upon
Contractor and
the City
of South Miami.
IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned representatives
of the parties hereto have caused this instrument to be signed in their respective names by their proper officials and
to be attested by their respective Clerks the day and year first above written.
ATTEST:
B M. M
Maria M. enen ez, CMC Pr
City ('lark
Crowder -Gulf Joint nt , Inc.
By:
Ramsay
President
CITY OF SO TH MIAMI
By: i
Vector MiraCle, Ph D.
City Manager
EMERGENCY DISASTER DEBRIS
MANAGEMENT SERVICE CONTRACT
THIS AGREEMENT made and entered into this day of u,�° , 2012, by and between the
City of South Miami, a Florida municipal Corporation (hereinafter referred to as "City ") and Byrd Brothers
Emergency Services, LLC., (hereinafter referred to as "Contractor ").
WITNESSETH:
WHEREAS, the City of Miami solicited bids, pursuant to IFB 274253, for disaster debris management
services; and
WHEREAS, the City of Miami, after completing a competitive bidding process, passed and adopted
Resolution No. R -11 -0509 on December 15, 2011 authorizing the City of Miami to enter into disaster debris
management service contracts with Crowder -Gulf Joint Venture, Inc., Byrd Brothers Emergency Services, LLC and
DRC Emergency Services, LLC.
WHEREAS, the City of South Miami desires to utilize the City of Miami's disaster debris management
service contract pursuant to provision 2.37 of IFB 274253, which itself provides for availability of this contract to
other municipalities, and pursuant to authority of the City of South Miami's own city charter.
NOW, THEREFORE, the City and the Contractor, each through their authorized representative /official,
agree as follows:
1. The City desires to enter into a Contract for Disaster Recovery Services, under the same terms
and conditions as the agreement between Contractor and the City of Miami which contract is found in City of
Miami's IFB Number 274253 for Emergency Debris Removal and Disposal Services,
2. The City has reviewed the contract and agrees to the terms and conditions and further agrees to
the fair and reasonableness of the pricing. Contractor hereby agrees to provide such services under the same
price(s), terms and conditions as the contract found in IFB Number 274253, a copy of which is attached hereto
and made a part hereof by reference.
3. All references
in the contract
between
Contractor and the City of Miami shall be assumed to
pertain to, and are binding upon
Contractor and
the City
of South Miami,
IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned representatives
of the parties hereto have caused this instrument to be signed in their respective names by their proper officials and
to be attested by their respective Clerks the day and year first above written.
ATTEST:
B / `�•
Maria M. Menei
City Clerk
Read and App ov as to
Attorney
Byrd Brothers
By:
James
Member
CITY OF S T IAMI
By:
CMC Hector M' bile, Ph D.
City Manager
EMERGENCY DISASTER DEBRIS
MANAGEMENT SERVICE CONTRACT
THIS AGREEMENT made and entered into this I day of Q&? 2012, by and between the
City of South Miami, a Florida municipal Corporation (hereinafter referred to as "City ") and DRC Emergency
Services, LLC, (hereinafter referred to as "Contractor ").
W ITNESSETH:
WHEREAS, the City of Miami solicited bids, pursuant to IFB 274253, for disaster debris management
services; and
WHEREAS, the City of Miami, after completing a competitive bidding process, passed and adopted
Resolution No. R41 -0509 on December 15, 2011 authorizing the City of Miami to enter into disaster debris
management service contracts with Crowder -Gulf Joint Venture, Inc., Byrd Brothers Emergency Services, LLC and
DRC Emergency Services, LLC.
WHEREAS, the City of South Miami desires to utilize the City of Miami's disaster debris management
service contract pursuant to provision 2.37 of IFB 274253, which itself provides for availability of this contract to
other municipalities, and pursuant to authority of the City of South Miami's own city charter.
NOW, THEREFORE, the City and the Contractor, each through their authorized representative /official,
agree as follows:
1. The City desires to enter into a Contract for Disaster Recovery Services, under the same terms
and conditions as the agreement between Contractor and the City of Miami which contract is found in City of
Miami's IFB Number 274253 for Emergency Debris Removal and Disposal Services,
2. The City has reviewed the contract and agrees to the terms and conditions and further agrees to
the fair and reasonableness of the pricing. Contractor hereby agrees to provide such services under the same
price(s), terms and conditions as the contract found in IFB Number 274253, a copy of which is attached hereto
and made a part hereof by reference.
3. All references
in the contract
between
Contractor and the City of Miami shall be assumed to
pertain to, and
are
binding upon
Contractor and
the City
of South Miami,
IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned representatives
of the parties hereto have caused this instrument to be signed in their respective names by their proper officials and
to be attested by their respective Clerks the day and year first above written.
ry1lll�:rl�F
By:
r7.91.OT
to
Services,
,kobert J. Isakson A FD
Managing Member
CITY OF S UTH MIAMI
By.
Hector Mi bile, Ph
City Manager
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