ITB 2024-004-DF Citywide Demolition Services Final.pdf

INVITATION TO BID (ITB) 2024-004-DF

PREQUALIFICATION POOL FOR CITYWIDE DEMOLITION SERVICES

TABLE OF CONTENTS

SECTIONS:

0100 GENERAL INFORMATION & SCOPE OF WORK

APPENDICES:

APPENDIX A PREQUALIFICATION APPLICATION

APPENDIX B SPECIAL CONDITIONS

APPENDIX C STATE OF FLORIDA BUILDING CODE; CHAPTER 33 SAFEGUARDS DURING

CONSTRUCTION

DEFINITIONS:

Bidder means any firm or individual submitting an application in response to this ITB. The term bidder may be used interchangeably with applicant and proposer.

Vendor means any firm or individual that has been prequalified to supply goods or services to the City.

SECTION 0100: GENERAL INFORMATION & SCOPE OF WORK

1. PURPOSE. The City of Miami Beach is seeking applications from contractors who wish to participate in a prequalification pool that will be used for Citywide demolition services on an “as needed” basis as specified herein. Interested contractors may submit an application indicating its intent to become prequalified. All contractors which meet or exceed the criteria established in this solicitation shall be placed on a prequalification list that may be accessed by various City departments to obtain price quotations for demolition services.

The City utilizes Bidnet Direct (Government Bids Opportunities and RFP | BidNet Direct) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through Bidnet Direct must register immediately with Bidnet Direct to ensure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of the proposal submitted.

To be considered for the pool of prequalified contractors, interested parties must submit a complete Bidder Prequalification Application (Appendix A).

2. BACKGROUND AND SCOPE

The City requires the services of contractors to perform citywide demolition services for the Building Department. On June 06, 2018, the City Commission approved the award of a contract pursuant to Request for Qualifications (RFQ) 2018-183-KB for Citywide Demolition Services with a three (3) year original term and two (2) additional one (1) year optional renewals. The contract has exhausted all renewal options, and this ITB is intended to replace the expiring contract.

Successful Bidders shall provide all labor, materials, equipment, supplies, insurance, fuels, permits, retirement of utilities and any other items necessary to complete the demolition work, the removal of demolition materials and disposal of materials and related work for these future projects. Additional specifications and instructions shall be provided in each individual project’s quote request, which include insurance requirements.

The contractor shall ensure compliance with Chapter 33 safeguards during demolitions, as per the Florida Building Code.

Demolition projects with an estimated value greater than $300,000 may not be awarded pursuant to any contract resulting from this RFQ.

2.1 PROCESS OF AWARDING WORK. The City anticipates establishing an initial Pool of Contractor(s) through this ITB prequalification process.

Pursuant to Sub-section 10, Binding Agreement, bidder agrees that, if its application is accepted, the ITB (inclusive of all attachments, appendixes, exhibits and addenda) and the Proposal (Application) shall constitute a binding Agreement, and all work shall be performed in accordance with the Agreement. The selected Contractor may not include terms or conditions that are additional to this ITB without the written consent of the City. The agreement will be supplemented, upon specific project need, only by individual Invitation to Quotes (ITQs) specifying project scopes. Selection into the Pool does not guarantee work and does not provide for exclusive rights to provide these services to the City.

https://www.bidnetdirect.com/

Inclusion in the Contractor Pool is a prerequisite for having an opportunity to submit quotes and obtain work through this Pool. However, there is no guarantee that any or all prequalified Contractors will obtain work through this Pool. When the need for services arises, all prequalified contractors in good standing may be invited to submit statements of work (SOW) and costs based on each individual ITQs issued by the City. Each SOW prepared by the prequalified Bidder shall include a clear description of the work to be performed (with specific and timed deliverables) and the related costs by deliverable. The City will select the prequalified Contractor that offers the best combination of services and cost, solely at the discretion of the City.

At the City's discretion, Contractors may be dropped from the Pool for: lack of participation, which shall include failure over a reasonable time to respond to issued ITQs offered through the Pool;

poor performance on a previously awarded project; being in arrears in obligations to the City;

delays in completion of work pursuant to an ITQ and its awarded proposal; or for any other reason deemed to be in the City’s best interest. Contractor(s) shall maintain the qualifications of the firm and proposed personnel at a standard consistent and equivalent to the qualification submissions submitted in Contractor's Proposal.

3. OVERVIEW OF PREQUALIFICATION PROCESS. The figure below is a general overview of the process that the City will utilize to award work pursuant to the prequalification process.

4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below. The Bid title/number shall be referenced on all correspondence.

Procurement Contact: Telephone: Email:

Julissa Perez 305-673-7490 x26943 julissaperez@miamibeachfl.gov

The City Clerk is to be copied on all communications via e-mail at: RafaelGranado@miamibeachfl.gov;

or via facsimile: 786-394-4188.

5. APPROVAL OF PREQUALIFIED STATUS. Following the review of applications, the responsive, responsible bidder(s) meeting all terms and conditions of the ITB will be recommended for award, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager’s recommendation(s) and, may approve or reject the City Manager’s recommendation(s). The City Commission may also reject all bids received. In addition to the criteria established in the application, pursuant to Section 2-369 of the City Code, the City may consider the following:

• The ability, capacity, and skill of the bidder to perform the Contract.

• Whether the bidder can perform the Contract within the time specified, without delay or interference.

• The character, integrity, reputation, judgment, experience and efficiency of the bidder.

• The quality of performance of previous contracts.

mailto:julissaperez@miamibeachfl.gov mailto:RafaelGranado@miamibeachfl.gov

• The previous and existing compliance by the bidder with laws and ordinances relating to the Contract.

PREQUALIFIED STATUS IS VALID FOR FIVE (5) YEARS FROM THE NOTICE OF AWARD OF

CONTRACT ISSUED BY THE CITY, OR AS OTHERWISE APPROVED BY THE CITY MANAGER.

NOTWITHSTANDING THE CITY MAY VERIFY COMPLIANCE WITH THE REQUIREMENTS

ESTABLISHED HEREIN AT ANY TIME.

6. ADDITIONAL PREQUALIFIED FIRMS TO BE ADDED TO POOL. After the initial pool of firms is established, the City reserves the right to continue to receive prequalification applications and prequalify additional contractors. The City may also limit the number of firms prequalified and, in doing so, shall select the firm(s) it deems, in its sole discretion, through its City Manager, to be best qualified. The City will endeavor to complete the review of each application within 60 days of receipt.

7. SERVICE DELIVERY EXPECTATIONS. The City places an emphasis on excellent customer service delivery and expects the prequalified bidder to provide the best possible customer service to any and all awarded projects throughout the term of the contract. The prequalified bidder’s project manager is responsible for monitoring the customer service provided to City by prequalified bidder’s staff, sales and support teams, and employing, as necessary, corrective measures, to ensure that the prequalified bidder will provide and maintain the highest quality of customer service possible during completion of the project(s). Project-specific deliverables and expectations shall be defined on a project-by-project basis, as specified in each request for quotes.

8. VOLUME OF WORK TO BE RECEIVED BY BIDDER. No promise of work is given, or should be understood, as a result of a prequalification. The City reserves the right to purchase any goods and/or services awarded from any resulting agreement, or another governmental contract, or on an as-needed basis through the City’s spot market purchase provisions.

9. STANDARD TERMS AND CONDITIONS. The following documents identify terms and conditions that together with the ITB, inclusive of all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation and the contract, and are complementary to one another and together establish the complete terms, conditions and obligations of the Bidder and, subsequently, the awarded contractor.

a. FORMAL SOLICITATIONS TERMS & CONDITIONS - GOODS AND SERVICES. By virtue of submitting a bid in response to this ITB, Bidder agrees to be bound by and in compliance with the Solicitation Terms and Conditions (dated 10.27.2022), incorporated herein, located at:

https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/

b. GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS. By virtue of submitting a bid in response to this ITB, Bidder agrees that all work shall be bound by and in compliance with the General Conditions for Construction Contracts (dated 4/13/20), incorporated herein, located at:

https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/

10. BINDING CONTRACT. By virtue of submitting an application for the City’s consideration, the bidder agrees that the application shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval of bidder’s prequalification status by City Manager or City Commission.

Further, bidder agrees that, upon approval of the bidder’s application by the City Manager or City Commission, a binding Contract shall be established between the City and the approved contractor.

Pursuant to this section, bidder agrees that, if its application is accepted, the ITB (inclusive of all attachments, appendixes, exhibits and addenda) and the Proposal (Application) shall constitute a binding Contract, and all work shall be performed in accordance with the Contract. The selected bidder may not include terms or conditions that are additional to this ITB without the written consent of the City. The Contract will be supplemented, upon specific project need, only by individual Service Orders specifying project scopes and payments. Selection into the Pool does not guarantee work and does not provide for exclusive rights to provide these services to the City.

The Contract shall be comprised of the following documents, and in the following order:

First, the Purchase Order issued by the City; then, Second, the awarded Bidder’s proposal pursuant to the ITQ; then, Third, the project-specific ITQ; then, Fourth the ITB, including all documents released in connection with the ITB, including all appendixes, whether included herein or released under separate cover.

In case of default on the part of the Successful Bidder, after said award, the City may take such action as it deems appropriate, including legal action, for damages or specific performance.

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APPENDIX A

Prequalification Application

ITB 2024-004-DF

PREQUALIFICATION POOL FOR

CITYWIDE DEMOLITION SERVICES

PROCUREMENT DEPARTMENT

1755 Meridian Avenue, 3rd Floor

Miami Beach, Florida 33139

Prequalification Application & Instructions

Section 1, ELECTRONIC RESPONSES ONLY. The Prequalification Application will not be considered until it has been submitted completed and executed by a principal of the bidder. Incomplete applications cannot be processed. If requested information is not applicable, please indicate ''N/A'' or ''None. '' If answers to questions are lengthier than the spaces that are provided in the application, the answers may be provided on additional pages, which must be attached to the application. All requested documents must also be attached to the application. Failure to attach all requested documents will delay review and approval of the application.

Submit one (1) electronic copy of the application to Julissa Perez at julissaperez@miamibeachfl.gov.

The City reserves the right to request clarifications or additional information as deemed necessary to evaluate a bidder’s qualifications. When clarifications or additional information is requested by the City, bidder will have three (3) business days to provide, in full, all the requested information. Failure to provide the information within the prescribed time will delay the review process and may result in denial of prequalification.

Section 2. DEADLINE FOR SUBMITTAL. There is no deadline for the submittal of applications.

However, the initial review of applications shall take place 21 days after issuance of this ITB. Applications submitted after this date will be reviewed periodically on an on-going basis. The City will endeavor to complete the review of each application within 60 days of receipt.

Section 3. MINIMUM ELIGIBILITY REQUIREMENTS. The Minimum Eligibility Requirements for this solicitation are listed below. Bidders that fail to comply with minimum requirements shall be deemed non-responsive and shall not have its application considered.

3.1 Licensure. Bidder shall be State of Florida Certified General Contractor OR State of Florida Certified Building Contractor OR Miami-Dade County Licensed General Contractor OR Miami- Dade County Licensed Building Contractor OR State of Florida Certified Residential Contractor OR Miami-Dade County Licensed Residential Contractor to be considered for award.

Submittal Requirement: Provide a copy of the certification or license number.

Continued on the following page.

Section 4. NON-RESPONSIVENESS Failure to submit the following requirements shall result in a determination of non-responsiveness. Non-responsive applications will not be considered.

1. Prequalification Application (Please refer to Section 1 above).

2. Failure to comply with the Minimum Experience Requirement (Please refer to Section Part B -

Operational & Management Information – No. 1 Minimum Eligibility Requirement).

Section 5. OMITTED OR ADDITIONAL INFORMATION. The City reserves the right to request any documentation omitted. Bidder must submit any omitted documentation within three (3) business days mailto:julissaperez@miamibeachfl.gov upon request from the City, or the application may be deemed non-responsive. Non-responsive applications will receive no further consideration.

Section 6. ELECTRONIC APPLICATION FORMAT. In order to maintain comparability, facilitate the review process and assist the review of applications, it is strongly recommended that applications be organized and tabbed in accordance with the tabs, and sections as specified below. The electronic submittal should be tabbed as enumerated below. The electronic bid shall be submitted through the "Documents" tab in Bidnet Direct.

• TAB 1 – Prequalification Application. The Prequalification Application shall be completed in its entirety.

Part A – General Bidder Information.

FIRM NAME:

NO. OF YEARS IN BUSINESS:

NO. OF YEARS IN BUSINESS

LOCALLY:

NO. OF EMPLOYEES:

OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:

FIRM PRIMARY ADDRESS (HEADQUARTERS):

CITY:

STATE:

ZIP CODE:

TELEPHONE NO.:

TOLL FREE NO.:

FAX NO.:

FIRM LOCAL ADDRESS:

CITY:

STATE:

ZIP CODE:

PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:

ACCOUNT REP TELEPHONE NO.:

ACCOUNT REP TOLL FREE NO.:

ACCOUNT REP EMAIL:

FEDERAL TAX IDENTIFICATION NO.:

BIDDER IS:

_____CORPORATION / _____PARTNERSHIP / _____SOLE PROPRIETORSHIP / _____OTHER (If other, specify:________________________)

BIDDER AFFIDAVIT

The undersigned agrees that s/he: 1) is a principal of the bidder duly authorized to execute the foregoing Contractor Prequalification Certification Application, and that the contents of said document(s) are complete, true, and correct to the best of his/her knowledge and belief; 2) s/ certifies that the application and supporting documents include all of the material information necessary to validate the status of the company for prequalification purposes; 3) s/ shall notify the Procurement Department within fifteen (15) days and provide a notarized statement whenever a change occurs in the ownership, management, or financial condition of the company. Further, any prequalified contractor, including its principal(s), director(s), and any affiliate, who is a party to any misrepresentation to obtain business or contracts with the City of Miami Beach shall be declared delinquent and have its certificate suspended or revoked and will be subject to debarment and any other penalties prescribed by law.

The undersigned affirms that the bidder agrees: 1) to complete and unconditional acceptance of the terms and conditions of this document, inclusive of attachments, exhibits and appendices; 2) that it has not colluded, nor will collude, with any other bidder; 3) that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; 4) that all responses, data and information contained in the bid are true and accurate.

Name:

Title (must be a principal of the bidder):

Signature:

Date:

Part B – Operational & Management Information.

1. Minimum Eligibility Requirement - Bidder shall be State of Florida Certified General Contractor OR State of Florida Certified Building Contractor OR Miami-Dade County Licensed General Contractor OR Miami- Dade County Licensed Building Contractor OR State of Florida Certified Residential Contractor OR Miami- Dade County Licensed Residential Contractor to be considered for award.

Submittal Requirement: Provide a copy of the certification or license number.

2. Provide the names of each owner (stockholder, sole proprietor, and partner), director, or officer of the company, below. Submit additional names on a separate sheet if required.

Owner Ownership percentage Directorship/Office type

3. Provide three (3) clients for which the bidder has provided the referenced services in the last five (5) years.

Project Description of Work Project Reference Name:

Email:

Telephone:

Name:

Email:

Telephone:

Name:

Email:

Telephone:

4. Is the bidder currently barred by a governmental agency, from bidding as a prime or subcontractor?

YES NO

If yes, state debarment period and the reason(s) for debarment?

5. Has the bidder or any of its owners, directors, officers, or agents been convicted of a crime or had a claim that was filed in a court and mediated or arbitrated during the last five (5) years?

If yes, why?

6. Is an affiliate of the bidder prequalified by the City of Miami Beach for any work?

If yes, state the name of the affiliate?

7. Is the bidder a parent, subsidiary, or holding company for another company?

If the answer is "yes," identify the company and type of relationship(s), below:

Company Type of affiliation (parent or subsidiary) Period of affiliation

8. Is an owner, director, officer, or agent of the bidder affiliated with another company?

If the answer is "yes," provide the following information for each individual and the affiliated company.

Individual´s name Affiliated company´s name Period of affiliation Type of affiliation (e.g.

officer, director, owner or employee)

9. Is the bidder currently the debtor in a bankruptcy case or file for bankruptcy during the last five (5) years?

If yes, explain and attach, as applicable, the relevant case and court documents, including (but not limited to): the original petition, including the case number and the date that the petition was filed;

a copy of the bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was issued.

10. Has any owner, director, officer, or agent for the bidder, or has any business organization in which any such person was an owner, director, officer, or agent filed for or been discharged in bankruptcy within the past five (5) years?

If yes, explain and attach a copy of the discharge order, order confirming plan and if a Corporate Chapter 7 case, a copy of the notice of commencement.

11. Has any owner, director, officer, or agent of the bidder owned or managed a company under any other name in the last five (5) years?

If yes, explain.

12. Has the bidder been assessed or paid any fines on any contract during the past five (5) years, whether the project was publicly or privately owned?

13. Are there currently any liens, suits, or judgments of record pending against any owner, director, officer, or agent for the company that is related to the business activities of a business organization?

14. Has the bidder or any of its owners, officers, or partners ever been convicted (criminal) or found liable (civil) for making either a false claim or material misrepresentation to any public agency or entity?

15. Has the bidder or any of its owners, officers, or partners ever been convicted of any a federal or state crime?

16. Is any officer, director, employee or agent, or immediate family member (spouse, parent, sibling, and child) of any officer, director, employee or agent, an employee of the City of Miami Beach?

If yes, state name, title and share of ownership

Name Title Share (%) of Ownership

17. VENDOR CAMPAIGN CONTRIBUTIONS

Pursuant to Section 2-487 of the City Code, no vendor shall give a campaign contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. Bidder must disclose Bidder, or any principal of the bidder, shall disclose the name of any candidate elected to the office of mayor or city commissioner to which the bidder has directly or indirectly, or to the campaign committee of an elected candidate, given a campaign contribution.

Name of Elected Candidate

Contributor Amount of Contribution

Date of Contribution

18. SUSPENSION, DEBARMENT, OR CONTRACT CANCELLATION.

Has bidder ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency?

If answer to above is “YES,” bidder shall submit a statement detailing the reasons that led to action(s):

19. BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned Contractor certifies, to the best of his or her knowledge, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C.

§ 3801 et seq., apply to this certification and disclosure, if any.

By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment

Certification.

Name and Title of Bidder’s Authorized Representative:

Signature of Bidder ’s Authorized Representative:

20. SUSPENSION AND DEBARMENT CERTIFICATION

The Contractor acknowledges that:

(1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

(3) This certification is a material representation of fact relied upon by the City. If it is later determined that the

Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

(4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.

The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.”

By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarment

Certification.

Name and Title of Bidder’s Authorized Representative:

Signature of Bidder ’s Authorized Representative:

21. SMALL AND DISADVANTAGED BUSINESS CERTIFICATION

Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certified by

Miami-Dade County that have been certified as Small or Disadvantaged Business by Miami-Dade County.

Does bidder possess Small or Disadvantaged Business certification by Miami-Dade County?

22. LGBT BUSINESS ENTERPRISE CERTIFICATION

Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned firms that have been certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce (NGLCC).

Does bidder possess LGBT Business Enterprise Certification by the NGLCC?

23. CONE OF SILENCE

Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the “Cone of Silence.” The Cone of Silence ordinance is available at https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD_A

RTVIISTCO_DIV4PR_S2-486COSI

Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov .

Vendor attests that they have read, understand, and are in compliance with the Cone of Silence Ordinance, pursuant to Section 2-486 of the City Code?

YE N

24. CODE OF BUSINESS ETHICS

Pursuant to City Resolution No.2000-23789, the Bidder shall adopt a Code of Business Ethics prior to executing a contract with the City. The Code of Business Ethics shall be submitted to the Procurement Department with its response or within three (3) days of request by the City. The Code shall, at a minimum, require the Bidder, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. In lieu of submitting Code of Business Ethics, bidder may indicate that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/

Bidder will submit firm’s Code of Business Ethics within three (3) days of request by the City?

Bidder adopts the City of Miami Beach Code of Business Ethics?

25. LOBBYIST REGISTRATION & CAMPAIGN CONTRIBUTION REQUIREMENTS

This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws, including lobbyist registration requirements and prohibition on campaign contributions.

Lobbyists:

https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2

AD_ARTVIISTCO_DIV3LO

Campaign Finance Reform:

https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2

AD_ARTVIISTCO_DIV5CAFIRE

Has the bidder, or any officer, director, employee or agent, contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD_ARTVIISTCO_DIV4PR_S2-486COSI https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD_ARTVIISTCO_DIV4PR_S2-486COSI mailto:rafaelgranado@miamibeachfl.gov http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD_ARTVIISTCO_DIV3LO https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD_ARTVIISTCO_DIV3LO https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD_ARTVIISTCO_DIV5CAFIRE https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD_ARTVIISTCO_DIV5CAFIRE

Miami Beach?

If yes, provide details.

By virtue of submitting bid, bidder certifies or affirms that they have read and understand the above Lobbyist Registration and Campaign Contribution Requirements.

26. NON-DISCRIMINATION

The Non-Discrimination ordinance is available at:

https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD_ARTVIP

R_DIV3COPR_S2-375NSCCOREWA

By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of

Miami Beach City Code.

27. FAIR CHANCE REQUIREMENT

The Fair Chance Ordinance No. 2016-4012 is available at:

https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH62HURE_

ARTVFACHOR

By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards consistent with the City’s Fair Chance Ordinance. Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request. Bidder further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity.

28. PUBLIC ENTITY CRIMES

Please refer to Section 287.133(2)(a), Florida Statutes, available at:

https://www.flsenate.gov/Laws/Statutes/2012/287.133

By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list.

29. VETERAN BUSINESS ENTERPRISES PREFERENCE

Pursuant to City of Miami Beach Ordinance No. 2011- 3748, https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD _ARTVIPR_DIV3COPR_S2-374PRPRPRVECOGOCOSE the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB, RFP, RFQ, ITN or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise.

Is the bidder a service-disabled veteran business enterprise certified by the State of Florida?

https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD_ARTVIPR_DIV3COPR_S2-375NSCCOREWA https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD_ARTVIPR_DIV3COPR_S2-375NSCCOREWA https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH62HURE_ARTVFACHOR https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH62HURE_ARTVFACHOR https://www.flsenate.gov/Laws/Statutes/2012/287.133 https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD_ARTVIPR_DIV3COPR_S2-374PRPRPRVECOGOCOSE https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD_ARTVIPR_DIV3COPR_S2-374PRPRPRVECOGOCOSE

Is the bidder a service-disabled veteran business enterprise certified by the United States Federal Government?

30. EQUAL BENEFITS FOR EMPLOYEES WITH SPOUSES AND EMPLOYEES WITH DOMESTIC PARTNERS.

Purchases hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005- 3494 that requires bidders with more than 51 employees and City volume greater than $100,000 to provide “Equal Benefits” to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a bidder who works within the City limits of the City of Miami Beach, Florida; and the Contractor’s employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach.

A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?

B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees?

C. Please check all benefits that apply to your answers above and list in the “other” section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance.

BENEFIT Company Provides for Employees with

Spouses

Company Provides for Employees with Domestic Partners

Company does not Provide Benefit

Health

Sick Leave

Family Medical Leave

Bereavement Leave

31. MORATORIUM ON TRAVEL TO AND THE PURCHASE OF GOODS OR SERVICES FROM MISSISSIPPI. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in Mississippi. Are any of the products for which the bidder is seeking to be prequalified sourced in Mississippi?

If yes, which brands.

32. SUSPENSION, DEBARMENT, OR CONTRACT CANCELLATION/TERMINATION. Has the bidder ever been debarred, suspended (or other legal violation), or had a contract cancelled/terminated due to non-performance by any public sector agency?

If yes, submit a statement detailing the reasons that led to action(s).

APPENDIX B

Special Conditions

1. METHOD OF PAYMENT. The City shall provide periodic payments for services rendered by the Contractor. In order for the City to provide payment, the Contractor shall submit a fully documented invoice within thirty (30) calendar days after the service has been rendered. It shall be understood that such invoices shall not be submitted for payment until such time as the service has been completed and a City representative has reviewed and approved the service.

2. GUARANTEE AGAINST DEFECTS. The Contractor shall, in addition to all other guarantees, be responsible for faulty labor and defective material within a period of one (1) year after the date of acceptance of labor and material by the City. Under this guarantee, the Contractor agrees to make good without delay, at its own expense, any failure of any part of the work after the City notifies the Contractor of such deficiencies in writing. Any such repair work shall receive a similar guarantee for a similar period of time. Payment in full for the work does not constitute a waiver of guarantee.

3. USE OF PREMISES. 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 authorized City representative, and shall not unreasonably encumber the premises with his/her materials.

4. LIMITATION OF PROJECT. Pursuant to Florida State Statute Section 255.20, a county, municipality, special district as defined in chapter 189, or other political subdivision of the state seeking to construct or improve a public building, structure, or other public construction works must competitively award to an appropriately licensed contractor each project that is estimated in accordance with generally accepted cost-accounting principles to cost more than $300,000. Projects awarded pursuant to this ITB shall be limited to these thresholds. Demolition projects exceeding $300,000 may not be awarded pursuant this

ITB.

5. BACKGROUND CHECKS. The contractor shall conduct a full criminal background check at its own expense on each of its employees engaged in providing services under this ITB or any resulting Agreement prior to the commencement of said services. No contractor employee shall be eligible to perform services, pursuant to this ITB or resulting Agreement, if he or she: (1) has been convicted of or was placed in a pre-trial diversion program for any crime involving dishonesty or breach of trust;

embezzlement; drug trafficking; forgery; burglary; robbery; theft; perjury; possession of stolen property;

identity theft; fraud; money laundering; shoplifting; larceny; falsification of documents and/or (2) has been convicted of any sex, weapons, or violent crime including but not limited to homicide; attempted homicide;

rape; child molestation; extortion; terrorism or terrorist threats; kidnapping; assault; battery; and illegal weapon possession, sale or use. The contractor shall defend, indemnify and hold the City, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees) or claims for injury or damages arising out of its failure to comply with this requirement.

6. PAYMENT AND PERFORMANCE BOND. For individual projects over $200,000, the City will require the Contractor to furnish a bond prior to commencement of work. If a bond is requested, the City will reimburse the Contractor the direct cost of the bond with no mark-ups allowed. Contractor shall furnish a Performance Bond and a Payment Bond from an A-rated Financial Class V Surety Company.

a) Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project.

b) Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract.

c) Bond(s) shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording.

APPENDIX C

State of Florida Building

Code; Chapter 33

Safeguards during

Construction

(UNDER SEPARATE COVER)