C2D-Issue RFQ No 2014-087SR Citywide Demolition Services~ -
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST FOR
QUALIFICATIONS RFQ No. 2014-087-SR FOR CITYWIDE DEMOLITION SERVICES
Item Summary/Recommendation:
The City of Miami Beach does not currently have an approved list of contractors to perform
demolition services when they are required. Although historically these services have been used
infrequently, there are several properties throughout the City that are in various stages of the
"Unsafe Structures Board" (County) process, which could result in a declaration that the properties
are unsafe and, therefore, in need of demolition. Many properties have been derelict and
abandoned for some time. Neighborhood groups have long encouraged the City to utilize more
aggressive methods to force owners to bring heavily cited properties into compliance. These
properties are not only unsightly and dangerous, but they also attract crime and negatively impact
property values throughout City neighborhoods.
The intent of this RFP is to pre-qualify multiple contractors to provide demolition services. Once the
contractors have executed an agreement with the City, the City Administration will then issue
Invitations to Quote (ITQ) to the pre-qualified contractors to receive quotes for specific projects as
their needs become apparent. The anticipated typical scope of work shall consist of providing the
safest demolition possible, resolve all engineering, utility and other challenges related to all
demolition services, and to perform all work, or other operations required for the fulfillment of each
project. The work shall be complete, and all work, materials, and services not expressly indicated,
or called for in each project's scope of work, which may be necessary for the completion and
proper performance of the work, in good faith shall be the responsibility of the contractor(s)
selected. The contractor{s) shall also be responsible for maintaining the demolition site in a clean
and safe condition both before and after their work is performed, and are also charged with
providing all required forms of insurance with the City as a third party insured. It is important to note
that property owners have a myriad of legal protections available to them, and that these demolition
services will be utilized only in the most extreme cases after all other efforts and legal remedies
have been exhausted.
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of the
RFQ for Demolition Services for the Building Department.
RECOMMENDATION
APPROVE THE ISSUANCE OF THE RFQ
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1 N/A N/A
OBPI Total ~~~--~~~~~~~~~~~~~~~~~~~~~~=-~-; Financial Impact Summary: $250,000 WAS APPROVED IN THE 2013/2014 FISCAL YEAR AS
AN ENHANCEMENT THAT MUST RECEIVE FINAL APPROVAL BY THE CITY COMMISSION
BEFORE BEING TRANSFERREDTO THE DEPARTMENT.
City Clerk's Office Legislative Tracking:
Stephen Scott, Ext. 6824
Sign-Offs: {\
Def.kJJJ,ment DireNiPr I As~~t City Matfiger I City ~ffl<J.Q&r I
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T:\AGENDA\2014\January 15\Procurement\ISSUAN~ S~MMARY-RF -DEMO SVCS FOR BUILDING ~T.docx
MIA/\1\IBEACH 75
. Agenda Item
Date
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
DATE: January 15, 2014
SUBJECT: REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST
FOR QUALIFICATIONS (RFQ) No. 2014~087SR FOR CITYWIDE DEMOLITION
SERVICES
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the RFQ.
BACKGROUND
The City of Miami Beach does not currently have an approved list of contractors to perform
demolition services when they are required. Although historically these services have been used
infrequently, there are several properties throughout the City that are in various stages of the
"Unsafe Structures Board" (County) process, which could result in a declaration that the
properties are unsafe and therefore in need of demolition. Many properties have been derelict
and abandoned for some time. Neighborhood groups have long encouraged the City to utilize
more aggressive methods to force owners to bring heavily cited properties into compliance.
These properties are not only unsightly and dangerous, but they also attract crime and
negatively impact property values throughout entire neighborhoods.
The intent of this RFP is to pre-qualify multiple contractors to provide demolition services. Once
the contractors have executed an agreement with the City, the City Administration will then
issue Invitations to Quote (ITQ) to those contractors to receive quotes for specific projects as
their needs become apparent. The anticipated typical scope of work shall consist of providing
the safest demolition possible, resolve all engineering, utility and other challenges related to all
demolition services, and to perform all work, or other operations required for the fulfillment of
each project. The work shall be complete, and all work, materials, and services not expressly
indicated, or called for in each project's scope of work, which may be necessary for the
completion and proper performance of the work, in good faith shall be the responsibility of the
contractor(s) selected. The contractor(s) shall also be responsible for maintaining the demolition
site in a clean and safe condition both before and after their work is performed, and are also
charged with providing all required forms of insurance with the City as a third party insured.
It is important to note that property owners have a myriad of legal protections available to them,
and that these services will be utilized only in the most extreme cases after all other efforts and
legal remedies have been exhausted.
76
City Commission Memorandum -RFQ Demolition Services
January 15, 2014
Page 2of2
SCOPE OF SERVICES
Please Reference Section Ill, RFQ 2014-087SR for Citywide Demolition Services, included in
Attachment A.
MINIMUM QUALIFICATIONS
Please Reference Section II, RFQ 2014-087SR for Citywide Demolition Services, included in
Attachment A.
MINIMUM DOCUMENTATION SUBMITTAL REQUIREMENTS
Please Reference Section IV, RFQ 2014-087SR for Citywide Demolition Services, included in
Attachment A.
EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION
Please Reference Section V, RFQ 2014-087SR for Citywide Demolition Services, included in
Attachment A.
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of
RFQ 2014-087SR for Citywide Demolition Services.
ATTACHMENTS
• Attach~nt A: RFQ 2014-087SR for Citywide Demolition Services.
SS/MVF/AD/K~/JJ/JLM
T:IAGENDA\2014\December 11\Procurement\ISSUANCE MEMO -RFQ-DEMO SVCS FOR BLDG DEPT.Docx
77
REQUEST FOR QUALIFICATIONS
FOR CITYWIDE DEMOLITION SERVICES
RFQ 2014-087SR
BID ISSUANCE DATE: FRIDAY, JANUARY 17, 2014
RFQ DUE DATE AND TIME: WEDNESDAY, FEBRUARY 19,2014 BY 3:00PM
ISSUED BY:
/v~!A/V\i BEACH
Sandra M. Rico, Senior Procurement Specialist
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive, Miami Beach, FL 33139
305.673.7000 x 6230 I srico@miamibeachfl.gov
78
Section I
Section II
Section Ill
Section IV
Section V
Section VI
Section VII
Section VIII
MfAMiBEACH
RFQ 2014-087SR
FOR CITYWIDE DEMOLITION SERVICES
TABLE OF CONTENTS
Overview & Proposal Procedures .................... "" .... ..
Minimum Qualifications Requirements .................... .
Scope of Services .................................................. .
Proposal Format ................................................... .
Evaluation/Selection Process .................................. .
Special Terms & Conditions: Insurance ........................ .
General Conditions ............................................... .
5
9
9
12
13
15
16
Appendices............................................................ 21
Appendix A-Proposal Certification, Questionnaire &
Requirements Affidavit
Appendix B-Sample Contract and Related Terms
and Conditions
79
CITY OF MIAMI BEACH
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive-Third Floor
Miami Beach, Florida 33139
Tel: 305-673-7490 I Fax: 786-394-4404 I www.miamibeachll.gov
tAl A;V\1 BEACr-!
PUBLIC NOTICE
Sealed proposals, as detailed herein, will be received until3:00 PM on, FEBRUARY 14, 2014, at the above listed address.
ANY PROPOSAL RECEIVED AFTER 3:00PM ON THE PROPOSAL DUE DATE WILL BE RETURNED TO THE PROPOSER
UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITIING PROPOSALS BEFORE THE
STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE PROPOSER. THE CITY WILL NOT BE RESPONSIBLE
FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY OTHER ENTITY OR OCCURRENCE.
The City utilizes PubUcPurchase for automatic notification of bid 0pportunities and document fulfillment, including the issuance of
any addendum to this RFQ. This system allows vendors to register online and receive notification of new bids, addendums and
awards. Registration is available through www.publicpurchase.com.
Any prospective proposer who has received this RFQ by any means other than through PubficPurchase must register immediately
with PubficPurchase to assure receipt of any addendum issued to this RFQ. Prospective proposers are solely responsible for
assuring they have received any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of
proposal submitted.
Proposers are hereby advised that this RFQ is subject to the following ordinances/resolutions, which may be found on the City of
Miami Beach website: www.miamibeachfl.gov/procurement.
• CONE OF SILENCE ................................................................... ..
• PROTEST PROCEDURES ......................................................... .
• DEBARMENT PROCEEDINGS .................................................... ..
• LOBBYIST REGISTRATION AND DISCLOSURE OF FEES ................. .
• CAMPAIGN CONTRIBUTIONS BY VENDORS ............................... .
• CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT
ISSUES ..................................................................................... .
• REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS .................................. ..
CITY CODE SECTION 2-486
CITY CODE SECTION 2-371
CITY CODE SECTIONS 2-397 THROUGH 2-485.3
CITY CODE SECTIONS 2-481 THROUGH 2-406
CITY CODE SECTION 2-487
CITY CODE SECTION 2-488
CITY CODE SECTION 2-373
• LIVING WAGE REQUIREMENT................................................ .... CITY CODE SECTIONS 2-407 THROUGH 2-410
• LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS... . CITY CODE SECTION 2-372
• PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE"
DISABLED VETERAN BUSINESS ENTERPRISES..................... CITY CODE SECTION 2-374
• FALSE CLAIMS ORDINANCE................................................ CITY CODE SECTION 70-300
All questions or requests for clarifications must be received by the procurement contact named above no later than ten (10) calendar
days prior to the scheduled RFQ due date. The City Clerk, rafaelgranado@miamibeachfl.gov, must copied on any question or
comment submitted in response to this RFQ. All responses to questions/clarifications will be sent to Proposers in the form of a written
addendum.
THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST
OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL
PROPOSALS.
Sincerely,
Sandra M. Rico
Senior Procurement Specialist
Department of Procurement Management
31 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES ~ i\1\Lt.Jv'd BEACH
80
CITY OF MIAMI BEACH
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive-Third Floor
Miami Beach, Florida 33139
Tel: 305-673-7490 I Fax: 786-394-4404 I www.miamibeachll goy
RFQ No.: RFQ 2014-087SR
RFQ TITLE: CITYWIDE DEMOLITION SERVICES
NOTICE OF NO RESPONSE
If not submitting a Proposal at this time, please detach this sheet from the RFQ documents,
complete the information requested, and return to the address listed above.
NO PROPOSAL SUBMITTED FOR REASON(S} CHECKED AND/OR INDICATED:
_ Not responding due to workload issues
_Not responding due to minimum qualifications requirements
_Not responding due to scope of services
_ Not responding due to project's size and/or complexity
_OTHER. (Please specify)-----------------
Note: Failure to respond, either by not submitting a proposal or this completed form, may result in your company
being removed from the City's bid list.
We do do not ___ want to be retained on your mailing list for future proposals for the type or
product and/or service.
Signature:
Title:---------------
Company: __________________________ _
Feedback
The City of Miami Beach is interested in continuously improving the process through which it acquires required goods and services. Your
feedback is important. Please provide any comments or suggestions which may assist the City in this endeavor, including infomnation on
requirements, timelines, and solicitation forms.
41 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES (;e /\~lANd BEACH
81
SECTION I • OVERVIEW AND PROPOSAL PROCEDURES
A. INTRODUCTION I BACKGROUND
The City of Miami Beach is issuing a Request for Qualifications for Citywide Demolition Services to meet the City's
demolition needs on an as-needed basis. Contractors that are deemed as qualified pursuant to the minimum
requirements set forth in this Solicitation shall be placed in a pool for as-needed services. As such, the City may, from
time to time, issue Invitations to Quote (ITQ) to the pool of pre-qualified demolition contractors and shall be given an
opportunity to quote future projects as they present themselves.
Successful Contractors 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.
The City retains the right to utilize the resulting contracts in a manner that serves the best interests of the City. As such,
the City may decide to utilize other procurement methods for future projects when applicable. This contract shall not
serve as a guarantee of future work for those contractors deemed to be prequalified pursuant to this Solicitation process.
B. SOLICITATION TIMETABLE
The tentative schedule for this Solicitation is as follows:
Solicitation Issued January 17, 2014
Pre-Proposal Meeting January 29, 2014@ 10:00 AM
Deadline for Receipt of Questions February 7, 2014
Proposals Due January 19, 2014
Evaluation Committee Review TBD
Tentative Commission Approval Authorizing Negotiations TBD
Contract Negotiations TBD
C. PROPOSAL SUBMISSION DUE DATE
An original and five (5} copies of complete Proposals, and one electronic copy (CD or fiash drive), must be received no later than
3:00p.m. on the dated stated in Section 1(B), at the following address:
City of Miami Beach City Hall
Procurement Division ··Third Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
The original and all copies, including the electronic copy, must be submitted to the Procurement Division in a sealed package clearly
noted with the Proposer's name, address, and RFQ number and title. No facsimile, electronic, or e-mail Proposals will be
considered.
THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFQ, ON OR BEFORE THE STATED TIME
AND DATE, WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE
FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE.
ANY PROPOSAL RECEIVED AFTER STATED DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED.
PROPOSALS RECEIVED AFTER THE RFQ DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE
CONSIDERED.
51 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES BEACH
82
D. PRE-PROPOSAL SUBMISSION MEETING
A Pre-Proposal Submission Meeting will be held on the date noted in Section 1 (B) at 10:00 a.m. at the following address:
City of Miami Beach City Hall -4th Floor
City Manager's Large Conference Room
1700 Convention Center Drive,
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory.
Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps:
(1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER: 1142644
E. CONTACT INFORMATION
Contact:
Sandra M. Rico
Telephone:
305-673-7000 ext 6230
Requests for additional information or requests for clarifications must be made in writing to the Procurement Division. Facsimile or
e-mail requests are acceptable. Please send all questions and/or requests for clarifications to the contact named above, with a copy
to the City Clerk's Office at RafaeiGranado@miamibeachH.gov, no later than the date specified in the RFQ timetable.
F. RESPONSE TO QUESTIONS & ADDENDUM TO RFQ
The Procurement contact will issue replies to inquiries and any other corrections or amendments, as he deems necessary, in written
addenda issued prior to the deadline for responding to the RFQ. Proposers should not rely on representations, statements, or
explanations (whether verbal or written), other than those made in this RFQ or in any written addendum to this RFQ. Proposers
should verify with the Procurement Division prior to submitting a Proposal that all addenda have been received.
G. METHOD OF AWARD
Pursuant to FS 287.055, the City shall first consider the qualifications of firms through the process outlined in Section V,
Evaluation of Proposals. The ranking results of Step 1 & 2 outlined in Section V, Evaluation of Proposals, will be considered by the
City Manager who may recommend to the City Commission the proposer(s) s/he deems to be in the best interest of the City or may
recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified
herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the proposer to perform the contract.
(2) Whether the proposer can perform the contract within the time specified, without delay or interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the proposer.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the proposer with laws and ordinances relating to the contract.
The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City
Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it
deems to be in the best interest of the City, or it may also reject all Proposals. Following the final approval of ranking of qualified
firms by the City Commission, the City shall attempt to negotiate mutually agreement with the top-ranked firm; and, if
unsuccessful, will attempt to negotiate mutual agreement with second-ranked and third-ranked firms (as available), in
order of rank.
H. CONE OF SILENCE
Pursuant to the city's Cone Of Silence Ordinance, as codified in section 2-486 of the City Code, proposers are advised that oral
communications between the proposer, or their representatives and 1) the Mayor and City Commissioners and their respective staff;
or 2) members of the City's Administrative staff (including but not limited to the City Manager and his staff); or 3) Evaluation
Committee members, is prohibited.
61 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES ~ /v\IA/V\1 BEACH
83
I. MODIFICATION/WITHDRAWALS OF PROPOSALS
A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due
date and time. Modifications received after the Proposal due date and time will not be considered.
Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of
120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due
date and before said expiration date, and letters of withdrawal received after contract award will not be considered.
J. RFQ POSTPONEMENT/CANCELLATION/REJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFQ;
postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ, or in any Proposals received as a result of
this RFQ.
K. COSTS INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the
sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City.
L. EXCEPTIONS TO RFQ
Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outline what, if any, alternative
is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its
sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and
alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which
Proposer took exception to (as said term and/or condition was originally set forth on the RFQ).
M. FLORIDA PUBLIC RECORDS LAW
Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted
therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State
Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the Proposals,
whichever is earlier.
N. NEGOTIATIONS
The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in
no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is
also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall
be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties.
0. PROTEST PROCEDURE
Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings
established pursuant to the City's bid protest procedures (Ordinance No. 2002-3344), as codified in Sections 2-370 and 2-371 of the
City Code. Protests not timely made pursuant to the requirements of Ordinance No. 2002-3344 shall be barred.
P. OBSERVANCE OF LAWS
Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and
regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the
scope of services and/or project contemplated by this RFQ (including, without limitation, the Americans with Disabilities Act, Title VII
of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of
the Proposer will in no way relieve it from responsibility for compliance.
Q. DEFAULT
Failure or refusal of the successful Proposer to execute a contract following approval of such contract by the City Commission, or
untimely withdrawal of a Proposal before such award is made and approved, may result in forfeiture of that portion of any surety
required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City
and may be grounds for removing the Proposer from the City's vendor list.
7 I RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES e f,,\!/\/V\1 BEACH
84
R. CONFLICT OF INTEREST
All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse,
parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any
City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its
affiliates.
S. PROPOSER'S RESPONSIBILITY
Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and
examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract.
Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not
relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will
not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer.
T. RELATIONSHIP TO THE CITY
It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an
independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any
circumstances, be considered employees or agents of the City.
U. PUBLIC ENTITY CRIME
A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a
bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
V. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
This RFQ is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely
responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed
therein, including, without limitation, disqualification of their Proposals, in the event of such non-compliance.
W. CONE OF SILENCE
This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as
codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the
City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering
their Proposal voidable, in the event of such non-compliance.
X. DEBARMENT ORDINANCE
This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted
pursuant to Ordinance No. 200-3234, and as codified in Sections 2-397 through 2-406 of the City Code).
Y. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS
This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as
codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable
provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as
prescribed therein, including disqualification of their Proposals, in the event of such non-compliance.
Z. CODE OF BUSINESS ETHICS
Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of
Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or within five (5) days upon receipt
of request.
The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including,
among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County.
81 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES @ !v\1.4/v\1 BEACH
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AA. AMERICAN WITH DISABILITIES ACT (ADA)
Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or
information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works
Department, at 305-673-7000, Extension 2984.
88. ACCEPTANCE OF GIFTS, FAVORS, SERVICES
Proposers shall not offer any gratuities, favors, or anytlling of monetary value to any official, employee, or agent of the City, for the
purpose of infiuencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City
shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties.
SECTION II-MINIMUM QUALIFICATIONS & REQUIREMENTS
Proposers must submit evidence of all certifications and licenses requested with their proposal submittal or within three (3) days of
written request by the City.
1. Firm must be a licensed General Contractor in the State of Florida.
2. Firm must possess a Miami-Dade County Demolition Certificate of Competency
3. Firm must have successfully completed at least three (3) projects of similar scope to the services being solicited, and each
not less than $10,000.00 in volume. These projects must have been completed within the last five (5) years. At a minimum,
the proposer must submit the following information for these projects for verification purposes:
• Name of Client
• Project title and Description
• Point of Contact to include full name, phone number, and an email address
• Volume of Project
• Date of Completion
SECTION Ill-SCOPE OF SERVICES
The work required under this contract resulting from future Invitations to Quote {ITQ) is skilled demolition services, meeting the
following minimum specifications. The future work shall consist of furnishing all labor, materials, permits, licenses, supervision, and
equipment required to demolish a building or building structures and appurtenant, to include debris removal/disposal,
dumping/lipping fees, and final site leveling/grading and grass seeding, as required. Appurtenant structures shall include all slabs,
steps, porches, walkway slabs to main structure, fences, asphalt pavement parkways and driveways (including limerock base) and
the like. Demolition described, shall include wood and/or concrete roofs, frame stucco, and I or concrete block walls, reinforced
concrete columns, foundations, beams, windows, doors, floors, all rough plumbing and electrical conduit, and concrete walks.
Demolition and removal of structures for future projects shall also include, but shall not be limited to the following activities, as
applicable:
• PERMITS: Permits that may be required by the City include but shall not be limited to the following:
o Plumbing Permit
o Building Permit: for both Residential and Commercial Property
o DERM Permit
o Asbestos Permit, as required
• The contractor shall be responsible for contacting Utilities to retire the necessary utilities (natural gas, water, and/or
electricity) prior to demolition.
• Demolition and removal of structures shall include removal of the entire identified structure(s) in each subsequent Invitation
to Quote (ITQ) and contents to the construction limits.
• All concrete fioor slabs, foundations, pilings, driveways, sidewalks, steps, parking areas, and other above ground and
underground improvements associated with the structure shall be removed as noted in subsequent ITQs. Where walks that
are designated to be removed come into contact with the sidewalk that is to remain, the contractor shall make a saw cut
prior to starting removal. Care should be taken to see that sidewalks are not broken due to the demolition, and any
adjacent sidewalks that are broken during the demolition shall be presumed to be due to the contractor's operations. All
such designated damages shall be totally replaced by the contractor at no cost to the City and all such costs shall be borne
solely by the Contractor. The City shall approve any and all repairs to its satisfaction.
• Fences shall remain, unless otherwise instructed to remove them.
91 RFQ 2014-0B?SR CITYWIDE DEMOLITION SERVICES (9 /v\1/cJv'd BEACH
86
• Cap all building sewer connections at existing wye locations. Requires a Plumbing permit
• Develop an optional asbestos and lead paint abatement report, in compliance with Federal, State, and Local Laws and
Codes.
• Removal of Underground Storage Tanks: Septic Tanks/Grease Traps must be thoroughly pumped out, the bottom
broken, and filled in or removed from the premises. Permits and inspection are to be obtained as required.
• Sediment Control: The Contractor shall provide temporary erosion and sediment control on each respective property prior
to the start of demolition operations for each project. Sediment control shall be maintained for the full duration of each
project. Contractor shall be responsible for the maintenance of controls and control structures and shall be responsible for
any clean-up due to failure or inefficiency of such controls. Sedimentation run-off shall not be tolerated and if run-off occurs
the Contractor shall take corrective action immediately.
• Grade and Backfill: Grading, backfill, sodding, and return to grade shall be performed as follows:
o All crawl spaces, lower levels, foundation areas, and any below ground area shall be filled and compacted with
earth. The backfill must not be frozen when placed and shall be compacted to a density of 95% of maximum
density of the backfill material used as determined by ASTM designation D-698. The top six (6) inches of backfill
shall be made with soil suitable for growth of grass and graded to natural grade of surrounding undisturbed earth.
o Final grading shall ensure adequate drainage offsite and not permit ponding of water. All filled and disturbed ground
shall be smoothed for mowing.
o The Contractor shall import clean fill as necessary to establish proper surface grades but the Contractor may cut
and fill on site to the extent possible. The Contractor must supply samples of imported fill to be used and approved
by the City's landscape Architect.
• Site Vegetation: All shrubbery and trees are to remain and disruption of vegetation will only be allowed in the
immediate vicinity of the demolition.
• Discovery of Hazardous Materials: In the event previously unknown hazardous materials are discovered by the
Contractor, the Contractor shall immediately suspend work in the specific location of the hazardous material and
immediately notify the City project manager.
• Clean-Up: All demolition materials and debris shall be removed from the work concurrently with progress of work.
Contractor shall not allow mud and debris from vehicle transporting demolition materials to litter any streets or highways.
Contractor shall clean-up any such mud or debris at its sole expense. The City will vigorously enforce all requirements
relating to clean-up of debris, dirt, mud, and demolition materials from the site and on streets, highways, and adjacent
properties.
Cleanup shall follow immediately after and at the same rate as construction. Cleanup shall not be delayed until entire
project is finished. Contractor shall clean all right-of-way and easement areas that were occupied by the contractor in
connection with the construction. All disturbed brush and trees, all rubbish, excess materials, temporary structures,
equipment, etc., shall be removed and the area left in a neat and presentable condition. If at any time during performance
of work by Contractor the City's representative determines that cleanup is not being accomplished, the City's
representative may direct, in writing, no additional work can be accomplished without meeting certain requirements. If so
directed, no claim for additional time will be allowed. The contractor is to provide extra care during performance of work by
Contractor to ensure that no rock, base stone, string, stakes, or any other construction material is left in the water main or
irrigation lines. At the end of each construction day, the ends of all such lines shall be sealed watertight and all points of
entry are to be covered to prevent easy access. No rain, storm water, or ground water shall be allowed to enter the water
main or irrigation systems.
• Storage: Storage of salvage materials for sale on the work site is prohibited. Signs advertising salvage materials shall not
be placed at the work site.
• Street Closures: The Contractor shall not close any street or divert any traffic without prior written approval of the City.
The Contractor shall adhere to the State of Florida D.O.T.'s uniform manual on traffic control for construction and
maintenance work zones. It will be the sole responsibility of the contractor to make him/herself and his/her employees fully
aware of these provisions, especially those applicable to the use of barricades, cones, signage, etc., to provide a safe
working environment.
• Public Right-of-Ways: Any use of the public right-of-way adjacent to the work site shall be consistent with the provisions
established by the Florida Building Code as provisions must be made for the safe conduct of pedestrians on or near the
site(s)
10 I RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES BEACH
87
• Project Superintendent The contractor shall have a superintendent or a responsible foreman on the project at all times
when work is in progress.
• Power: All power for lighting, operation of the contractor's plant or equipment, or for any other use by the contractor, shall
be provided by the contractor's sole cost and expense.
• Sanitary Facilities: The contractor shall furnish, install, and maintain ample sanitary facilities for the workmen. As the
needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required by the sanitary
codes of the State and Local Government Drinking water shall be provided from an approved source, so piped or
transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking
stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing
health regulations.
• Utilities: The contractor shall make every effort to locate and identify all underground pipe lines, cables, and conduits by
contacting the One Call System and the owners of underground utilities, by prospecting or otherwise, in advance of trench
or excavation operations. Certain pipelines, water mains, gas lines, and other existing underground and above ground
installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the
information made available to the City. The City does not guarantee the accuracy or completeness of such information.
Service connections for gas, water, telephone services, sewers, underground electric and lines, and possibly other utilities
are not shown on the plans.
Any conflict with these utilities or any other utility not specified, as a pay item will be the responsibility of the contractor.
The contractor will be required to relocate the utility or work around it at no cost to the City. It will be the responsibility of
the contractor to brace or otherwise secure any utility poles or anchors close to the trenching operation.
Any delay or extra cost to the contractor caused by utility, pipe line, or other underground structures or obstructions not
shown on the plans or found in different locations than those indicated shall not constitute a claim for additional work,
additional payment, or damages.
The contractor will be solely responsible for any or all damages whether direct, indirect, or consequential to the
underground or above ground utilities, pipe lines, and surroundings, and shall indemnify and hold harmless the City for any
and all claims or judgments whenever made as a result of the contractor's actions. If additional or unexpected utility
conflicts occur, the contractor shall be responsible for coordinating with the affected utility company to resolve the conflict
and maintain progress on the project. No time extensions will be granted for associated delays.
• Safety Precautions: The contractor shall maintain and enforce all necessary and adequate safety precautions for the
protection of life and property on all work pertormed under the provisions of subsequent Invitations to Quote. The
contractor shall also comply with all regulatory agencies requirements for safety. The contractor shall use extreme caution
to protect the project area to prevent accidents, damage, or injury involving pedestrian or vehicular traffic in the project
area. Barricades. safety screening, or other acceptable methods shall be used as needed to keep the public out of danger
and to safely divert them around the project area.
The contractor shall exercise proper precaution at all times for the protection of persons and property and shall be
responsible for all damages to persons or property, either on or off the site, which occur as a result of the contractor's
prosecution of the work. The safety provisions of all applicable laws, building and construction codes, and regulations shall
be observed. The contractor shall take or cause to be taken such safety and health measures, additional to those herein
required, as the contractor may deem necessary or desirable. Machinery, equipment and all hazards shall be guarded in
accordance with the safety provisions of the "Manual of Accident Prevention of Construction" published by the Associated
General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws. The
contractor shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical
attention or causing loss of time from work, arising out of and in the course of employment on work under the contract. The
contractor shall promptly furnish the Local Public Agency with reports concerning these matters. The contractor shall
indemnify and save harmless the City and the City's representative from any claims for damages resulting from personal
injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this
contract.
• Explosives: The use of explosives will not be permitted under the contract.
• Final Inspection: Inspection by Department of Building Development Services for Final Inspection shall be requested by
contractor within ten (10) days of completion of demolition of each separate site. Inspection to finalize demolition permit
MUST be requested by Contractor upon completion of demolition and site clean·up.
• Emergencies: Proposers shall be able to mobilize within 24 hours if requested by the city.
11 I RFQ 2014-.Q87SR CITYWIDE DEMOLITION SERVICES ~ MLAtv\1 BEACH
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SECTION IV-PROPOSAL FORMAT
In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is
strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard
copy submittal should be presented in a three (3) ring binder and should be tabbed as enumerated below and contain a table of
contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references.
TAB 1
Tab 1.1: Cover Page and Table of Contents
Tab 1.2: Executive Summary. Provide a brief summary of no more than two pages describing the basic services offered,
experience and qualifications of the Proposer, staff, sub Proposers or sub consultants and any other relevant information.
Tab 1.3: Provide a response to each of the requirements in Section II-Minimum Qualifications & Requirements.
In accordance with the minimum qualifications established in Section II, submit verifiable information to document each of the
minimum qualification requirements. Minimum qualification requirements will be evaluated by the Evaluation Committee. All
information necessary for the committee to evaluate compliance with the established minimum qualification requirements must
be contained in the proposal submitted, or submitted within two (2) days of request by the City. Failure to submit information in
sufficient detail or the inability or denial expressed in a proposal to offer solutions or an explanation to the requirements of this
section may result in proposal rejection or in deductions of the allocation of points by Evaluation Committee members under the
evaluation criteria.
Proposals not deemed to be in compliance with the minimum qualification requirements by the Evaluation Committee
shall not be further considered.
TAB2 • erience & Qualifications
Qualifications of Proposing Firm. Describe experience and qualifications of the Proposer in providing the services detailed
herein.
Tab 2.1: Firm History & Prior Experience: Submit detailed information regarding the firm's history and relevant experience,
including but not limited to:
• Documentable, proven track record of providing the scope of services similar as identified in this solicitation.
• Experience in providing similar scope of services to public sector agencies
Tab 2.2: Qualifications of Proposer Team: Provide an organizational chart of all personnel and consultants to be used for this
project if awarded, the role that each team member will play in providing the services detailed herein and each team members'
qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be
included for each Proposal team member to be assigned to this contract.
Tab 2.3: Financial Capacity:
DUN & BRADSTREET REPORTS. The prospective Provider shall pay D&B to send the Supplier Qualifier Report (SQR) to the
prospective Provider and the Department through electronic means. The cost of the preparation of the D&B report shall be the
responsibility of the prospective Provider. The prospective Provider shall request the report from D&B at:
https :/fsu ppl ierportal .d nb.com/webapp/wcs/stores/servlet/Su ppl i erPortal? storeld= 11696
In addition to the SQR, the City reserves the right to require additional information to determine financial capability including
latest annual reviewed/audited financial statements with the auditor's notes for each of their last two complete fiscal years within
ten (1 0) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of
financial position) and statements of profit and loss (statement of net income). When the submittal is from a co-venture, each
team member involved in the co-venture must submit financial statements as indicated above.
Tab 2.4: Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and
executed.
TAB3 " roach and Methodolo
Tab 3.1: Proposer shall clearly address how they will comply with the requirements of this RFQ, including those requirements
noted in Section Ill -Scope of Services.
Tab 3.2: Submit detailed information on approach and methodology to project implementation, project timeline, and any other
factor that may impact the successful completion of each project that may result.
Tab 3.3: Submit a detailed Customer Service Plan including how the Proposer deals with emergency requests.
121 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES BEACH
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SECTION V-EVALUATION I SELECTION PROCESS
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal
in accordance with the requirements set forth in this Solicitation. If further information is desired, Proposers may be
requested to make additional written submissions and/or oral presentations to the Evaluation Committee. The evaluation of
proposals will proceed in a two-step process.
2. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second
step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the
Department of Procurement Management.
Step 1 Evaluation. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance
with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may:
a. Review and score all proposals received, with or without conducting interview sessions; or
b. Review all proposals received and short-list one or more proposers to be further considered during subsequent
interview session(s) (using the same criteria).
Step 1 -Qualitative Criteria Maximum Points
Proposer Experience and Qualifications, including Financial Capability
Approach and Methodology
50
40
TOTAL AVAILABLE STEP 1 POINTS 90
step 2 Evaluation. Following the results of Step 1 Evaluation Qualitative criteria, the proposers may receive additional points to be
added by the Department of Procurement Management to those points earned in Step 1, as follows.
Step 2 -Quantitative Criteria ( Local and Veterans Preference}
D&B Supplier Risk Scores
Miami Beach-Based Vendor
Veterans and State-Certified Service-Disabled Veteran
Business Enterprises
10
5
5
TOTAL AVAILABLE STEP 2 POINTS 20
D&B Supplier Evaluation Report. The prospective Provider shall pay D&B to send the Supplier Qualifier Report (SQR) to the
prospective Provider and the Department through electronic means. The cost of the preparalion of the D&B report shall be the
responsibility of the prospective Provider. The prospective Provider shall request the report from D&B at:
https://supplierportal.d nb.com/webapp/wcs/stores/servlet/Su ppli erPortal ?storeld"'11696
In addition to the 0&8 information, the City may require proposers shall submit financial statements for each of their last two
complete fiscal years within ten (1 0) calendar days, upon written request. Such statements should include, as a minimum, balance
sheets (statements of financial position) and statements of profit and loss (statement of net income). When the submittal is from a co-
venture, each Proposers involved in the co-venture must submit financial statements as indicated above. Scores derived from the
D&B Supplier Evaluation Report shall be developed in accordance with the following formula:
Sample Objective Formula for Supplier Risk
Vendor Total Points
D&B Awarded
Risk Level
Low (1-3.5) 10
Medium (3.6-6.5) 5
High (6.6-9) 0
131 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES e tv\iA.MiBEACH
90
Method of Award. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation
committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to ran kings in
accordance with the example below:
Proposer A Proposer B Proposer C
80
12
92
2
72
12
66
12
78
3
_ Low Aggregate Score 3 7 _ _ 8
Final Ranking** 1 2 3
• Step 2 Points calculated by Department of Procurement Management.
** Final Ranking is presented to the City Manager for further due diligence and recommendation to
the City Commission. Final Ranking does not constitute an award recommendation until such time
as the City Manager has made his recommendation to the City Commission.
Balance of Page Intentionally Left Blank
14 I RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES
91
BEACH
SECTION VI-SPECIAL TERMS AND CONDITIONS: INSURANCE REQUIREMENTS
The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd
Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which
meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440.
B. Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability,
Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per
occurrence for bodily injury and property damage. City of Miami Beach must be shown as an
additional insured with respect to this coverage.
C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection
with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily
injury and property damage.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualifications:
The company must be rated no less than "B" 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, subject to the approval of the City Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance
Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of
Insurance and are members of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice
to the certificate holder.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
3R° FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section
or under any other section of this agreement.
151 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES (9 !v~I,Lf!\1 BEACH
92
SECTION VII -GENERAL CONDITIONS
1. GENERAL TERMS AND CONDITIONS. It is the responsibility of the
Proposer to become thoroughly familiar with the Proposal requirements,
terms and conditions of this solicitation Ignorance by the Proposer of
conditions that exist or that may exist will not be accepted as a basis for
varying the requirements of the City, or the compensation to be paid to the
Proposer.
2. DEFINITIONS. The following words, terms and phrases, when used. shall
have the meanings ascribed to them except where the context clearly
indicates a different meaning.
a. Proposal-shall refer to any offer(s) submitted in response to this
solicitation.
b. Proposer /Contractor/Offeror-Any individual. firm. or corporation
submitting a proposal for this Project acting directly or through a
duly authorized representative.
C. Proposal Solicitation-shall mean this solicitation documentation,
including any and all addenda.
d. Proposal Submittal Form-defines the requirement of items to be
purchased, and must be completed and submitted with Proposal.
The Proposer should indicate its name in the appropriate space on
each page.
e. City-shall refer to City of Miami Beach, Florida
f. City Commission -City Commission shall mean the governing and
legislative body of the City.
g. City Manager -City Manager shall mean the Chief Administrative
Officer of the City.
h. Comparable Facility • A facility that, when considering size, use,
revenue, and other applicable criteria, is similar to the Miami Beach
Convention Center (MBCC) which includes 1.2 million gross square
foot facility averaging a minimum of $6 million in annual gross food
and beverage sales.
Controlling Financial Interest • means the ownership, directly or
indirectly, of 10% or more of the outstanding capital stock in any
corporation or a direct or indirect interest of 10% or more in a fimn.
j. Domestic Partner: The term Domestic Partner shall mean any two
(2) adults of the same or opposite sex, who have registered as
domestic partners with a government body pursuant to state or local
law authorizing such registration, or with an internal registry
maintained by the employer of at least one of the domestic partners.
A Contractor may institute an internal registry to allow for tile
provision of equal benefits to employees with domestic partner who
do not register their partnerships pursuant to a governmental body
authorizing such registration, or who are located in a jurisdiction
where no such governmental domestic partnership exists.
k. Enrolled Vendor-shall refer to a firm that has completed the City
of Miami Beach Pre-Qualification process and has satisfied all
requirements to enter into a business agreement with the City.
Evaluation Committee • A committee of individuals appointed by
the City Manager that may include City personnel, residents,
industry experts and other individuals whose purpose is to evaluate
the proposals received in response to this RFQ and who may make
a non-binding recommendaUon to the City Manager on the selection
of a short-list of proposer (s) who the City Manager, at his or her
discretion, may present to the City Commission for consideration
and, if approved by the City Commission, who may be further
considered during the contract negotiation phase.
m. Firm -means a corporation, partnership, business trust or any legal
entity other than a natural person.
n. Negotiation Team • A committee of individuals appointed by the
City Manager that may include City personnel, residents, industry
experts and other individuals whose purpose is to negotiate a
contract, after City Commission has approved a short-list of
proposer (s), and who may make a non-binding recommendation to
the City Manager on the selection of short-listed proposer (s) who
the City Manager, at his or her discretion, may present to the City
Commission for consideration and final award.
0. Successful Proposer -shall mean the Proposer (s) recommended for
award.
161 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES
93
p.
q.
L
s.
3.
4.
5.
6.
7.
8.
9.
Term Applicant -shall mean an individual, partnership, or corporation,
which submits an application in response to this solicitation.
Responsible Proposer : A proposer who is qualified, as detemnined by
the City, on the basis of the following criteria:
• Whether the proposer can perform the contract within the lime
specified, witllout delay or interference.
The character, integrity, reputation, judgment, experience and
efficiency of the proposer.
The quality of performance of previous contracts.
• The previous and existing compliance by the proposer with laws
and ordinances relating to the contract.
Responsive Proposer -!:J proposer whose submittal is determined by
the City to be in conformance with the conditions, requirements, and
specifications detailed in the specifications.
Vendor - a person and/or entity, which has been selected by tile City as
the successful proposer on a present or pending proposal for goods,
equipment or services, or has been approved by the City on a present or
pending award for goods, equipment or services, prior to or upon
execution of a contract, purchase order or standing order.
For additional information about on-line vendor enrollment or vendor
pre-qualification, please contact Procurement at 1700 Convention
Center Drive, Miami Beach, FL 33139; Phone 305-673-7490. Or email:
procurement@miamibeachfl.gov Vendors can register with the City
by going to the website: \\WW.miamibeachfl.gov and click on
Procurement under City Departments.
PRICES QUOTED. Deduct trade discounts and quote firm net prices.
Give both unit price and extended total, when requested. Prices must be
stated in units of quantity specified in the proposalding specifications. In
case of discrepancy in computing the amount of the proposal, the UNIT
PRICE quoted will govern. All prices must be F.O.B. destination, freight
prepaid (unless otherwise stated in Special Conditions). Discounts for
prompt payment; The Proposer may offer cash discounts for prompt
payments: however, such discounts will not be considered in determining
the lowest price during proposal evaluation. Proposers are requested to
provide prompt payment terms in the space provided on the Proposal
submittal signature page of the solicitation. Award, if made, will be 1n
aocordance with terms and conditions stated herein. Each item must be
proposal separately, and no attempt is to be made to tie any item or items
in with any other item or items. Cash or quantity discounts offered will not
be a consideration in determination of award of praposal(s).
TAXES. The City of Miami Beach is exempt from all Federal Excise and
State taxes.
MISTAKES. Proposer s are expected to examine the specifications,
delivery schedules, proposal prices, and extensions, and all instructions
pertaining to supplies and services. Failure to do so will be at the
proposer's risk and may resultin the proposal being non-responsive.
CONDITION AND PACKAGING. Proposer guarantees items offered and
delivered to be the current standard production model at time of proposal
and shall offer expiration dating of at least one year or later. Proposer
also guarantees items offered and delivered to be new, unused, and free
from any and all defects in material, packaging and workmanship and
agrees to replace defective items promptly at no charge to the City of
Miami Beach, for the manufacture~s standard warranty but in no case for
a period of less than 12 months from date of acceptance. All containers
shall be suitable for storage or shipment, and all prices shall include
standard commercial packaging.
UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the
Proposal, all manufactured items and fabricated assemblies shall be U.L.
listed or re-examination listing where such has been established by U.L
for the item(s) offered and furnished.
CITY'S RIGHT TO WAIVE OR REJECT PROPOSALS. The City
Commission reserves the right to waive any informalities or irregularities in
this Proposal; or to reject all proposals, or any part of any proposal, as it
deems necessary and in the best interest of the City of Miami Beach.
EQUIVALENTS. If a proposer offers makes of equipment or brands of
<e MIP.Jv\! BEACH
supplies other than those specified in the Proposal specifications, he must
so indicate in his proposal. Specific article(s) of equipment/supplies shall
conform in quality, design and construction with all published claims of the
manufacturer.
10. The proposer shall indicate in the Proposal Form the manufacturers name
and number if proposing other than the specified brands, and shall
indicate ANY deviation from the specifications as listed in the Proposal.
Other than specified items offered requires complete descriptive technical
literature nnarlled to indicate detailed confonmance with specifications, and
MUST BE INCLUDED WITH THE PROPOSAL. NO PROPOSALS WILL
BE CONSIDERED WITHOUT THIS INFORMATION.
11. Lacking any written indication of intent to quote an alternate brand or
model number, the proposal will be considered as a proposal in complete
compliance with the Proposal specifications.
12. Note as to Brand Names Catalog numbers. manufacturers' and brand
names, when listed, are informational guides as to a standard of
acceptable product quality level only and should not be construed as an
endorsement or a product limitation of recognized and legitimate
manufacturers. Proposer s shall formally substantiate and verify that
product(s) offered conform with or exceed quality as listed in the
specifications.
13 EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this
solicitaUon that before, during, and after a public emergency, disaster,
hurricane, tornado. fiood. or other acts of force majeure that the City of
Miami Beach, Florida shall receive a 'First Priority' for any goods and
services covered under any award resulting from this solicitation, including
balance of line items as applicable. It is vital and imperative that the
majority of citizens are protected from any emergency situation that
threatens public health and safety, as detenmined by the City. By virtue of
submitting a response to this solicitation, vendor agrees to provide all
award-related goods and services to the City on a 'first priority" under the
emergency conditions noted above.
14. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be
tested for compliance with specifications. Items delivered, not confonming
to specifications, may be rejected and returned at the proposer 's
expense. These items, as well as items not deliverBd as per delivery date
in proposal and/or purchase order, may be purchased by the City, at its
discretion, on the open market. Any increase in cost may be charged
against the proposer . Any violaUon of these stipulations may also result
in the proposer's name being removed from the City's vendor list.
15. PRODUCT INFORMATION. Product literature, specifications, and
technical infomnation, including Manufacturer's Safety Data Sheets
(MSDS) should be provided with this proposal as an attachment to the
"PROPOSAL FORM". However, in all cases must be provided within five
(5) calendar days upon request from Purchasing Agent.
16. SAMPLES. Proposals submitted as an 'equal" product must be
accompanied with detailed specifications. Samples of items, when
required, must be furnished free of expense and. if not destroyed, will,
upon request, be rBtumed at the proposer's expense. Proposers will be
responsible for the removal of all samples furnished within (30) days after
proposal opening. All samples will be disposed of after thirty (30) days.
Each individual sample must be labeled with the proposer 's name.
Failure of the proposer to either deliver required samples, or to clearly
identify samples may be reason for rejection of the proposal. Unless
otherwise mdicated, samples should be delivered to the Procurement
Division, 1700 Convention Center Drive, Miami Beach, FL 33139.
17. DELIVERY. Unless actual date of delivery is specified (or if specified
delivery cannot be met), show number of days (in calendar days) required
to make delivery after receipt of purchase order, in space provided.
Delivery time may become a basis for making an award. Delivery shall be
within the nomnal working hours of the City using Department, Monday
through Friday, excluding holidays. Receiving hours arB Monday through
Friday, excluding holidays, from 8:30A.M. to 5:00 P.M.
18. INTERPRETATIONS. Any questions concerning the Proposal conditions
and specifications should be submitted, in writing, to the City's
Department of Procurement Management (DPM) 1700 Convention Center
171 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES
94
Drive, Miami Beach, FL 33139.or facsimile: 786-394-4075.
19. LATE SUBMISSION. All proposals received after the date, time, and
place specified in the Proposal, will be returned to the proposer
unopened, and will not be considered. The responsibility for submitting
proposals before the stated time and date is solely the responsibility of the
proposer . The City will not be responsible for delays caused by mail,
courier service, or any other entity or occurrence. Facsimile, electronic, or
e-mailed proposals will not be accepted.
20. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will
be at destination, unless otherwise provided. Title to (or risk of loss or
damage to) all items shall be the responsibility of the successful proposer
until acceptance by the City, unless loss or damage results from the gross
negligence or willful misconduct of the City.
21. If any equipment or supplies supplied to the City are found to be defective,
or do not conform to the specifications, the City reserves the right to
cancel the order upon written notice to the seller, and return the product,
at the proposer's expense.
22. PAYMENT. Payment will be made by the City after the items have been
received, inspected, and found to comply with Proposal specifications,
free of damage or defecl, and properly invoiced.
23. DISPUTES. In case of any doubt or difference of opinion as to Une items
and/or services (as the case may be) to be furnished hereunder. lhe
decision of the City shall be final and binding on all parties.
24. LEGAL REQUIREMENTS. The proposer shall be required to comply with
all federal, State of Florida, Miami-Dade County, and City of Miami Beach
codes, laws, ordinances, and/or rules and regulations that in any manner
affect the items covered herein (collectively, Applicable Laws) Lack of
knowledge or ignorance by the proposer with/of Applicable Laws will in no
way be a cause for relief from responsibility.
25. PATENTS & ROYALTIES. The proposer shall indemnify and save
hamnless the City of Miami Beach, Florida, and its officers, employees,
contractors, and/or agents, from liability of any nature or kind, including
cost and expenses tor. or on account of, any copyrighted, patented, or
unpatented invention, process, or article manufactured or used in Une
perfomnance of the contract, including its use by the City of Miami Beach,
Florida If the proposer uses any design, device or materials covered by
letters, patent, or copyright, it is mutually understood and agreed, without
exception. that the proposal prices shall include all royalties or cost arising
from the use of such design, device, or materials in any way involved 1n
the work.
26. OSHA. The proposer warrants to the City that any work, services.
supplies, materials or equipment supplied pursuant to this Proposal shall
conform in all respects to the standards set forth in the Occupational
Safety and Health Act of 1970, as amended, and the failure to comply with
this condition will be deemed brBach of contract. Any fines levied because
of inadequacies to comply with this cond~ion shall be bome solely by the
proposer.
27. MANNER OF PERFORMANCE. Proposer agrees to perform its duties
and oblgations in a professional manner and in accordance with all
applicable Local, State, County, and Federal laws, rules, regulations and
codes. Proposer agrees that the services provided shall be provided by
employees that are educated, trained, experienced, certified, and licensed
in all areas encompassed within their designated duties. Proposer
agrees to furnish to the City any and all documentation, certification,
authorization, license, permit. or registration currently required by
applicable laws, rules, and regulations. Proposer further certifies that it
and its employees will keep all licenses, permits, registrations,
aulhorizations, or certifications required by applicable laws or regulations
in full force and effect during the tenm of this contract. Failure of
proposer to comply with this paragraph shall constitute a material breach
of this contract.
28. SPECIAL CONDITIONS. Any and all Special Conditions that may vary
from these General Tenms and Conditions shall have precedence.
G MIAMI BEACH
29. ANTI-DISCRIMINATION. ne proposer certifies that he/she is in
compliance with the non-{liscnmination clause contained in Section 202,
Executive Order 11246, as amended by Executive Order 11375, relative
to equal employment opportunity for all persons withoul regard to race,
color. religion. sex or national origin.
30. AMERICAN WITH DISABILITIES ACT. To request lhis material in
accessible format. sign language interpreters, information on access for
persons with disabilities, and/or any accommodation to review any
document or participale in any city-sponsored proceeding, please contact
305-€04-2489 (voice}, 305-€73-7524 {fax} or 305-€73-7218 {TTY) five
days in advance Ia initiate your request TTY users may also call 711
(Florida Relay Service).
31. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where proposers
are required to enter or go on to City of Miami Beach property to deliver
materials or perform work or services as a result of the Proposal, the
proposer will assume the full duty, obligation and expense of obtaining all
necessary licenses. permits, and insurance, and assure all work complies
with all Applicable Laws. The proposer shall be liable for any damages or
loss to the City occasioned by negligence of lhe proposer . or his/her
officers, employees, contractors, and/or agents, for failure to comply with
Applicable Laws.
32. PROPOSAL BONDS, PERFORMANCE BONDS, CERTIFICATES OF
INSURANCE. Proposal Bonds, when required, shall be submitted with the
proposal in the amount specified in the Special Conditions. After
acceptance of the proposal, the City will notify the successful proposer to
submit a performance bond and certifiCate of insurance in the amount
specified in the Special Conditions_
33. DEFAULT. Failure or refusal of a proposer to execute a contract upon
award, or withdrawal of a proposal before such award is made. may result
in forfeiture of that portion of any proposal surety required as liquidated
damages incurred by the City thereby; or, where surety is not required,
failure to execute a contract as described above may be grounds for
removing the proposer from the City's proposers list.
34. CANCELLATION. In the event any of the provisions of this Proposal are
violated by the proposer, the City shall give written notice to the proposer
stating such deficiencies and, unless such deficiencies are corrected
within ten (10) calendar days from the date of the City's notice. the City,
through its City Manager, may declare the contract in default and
terminate same, without further notice required to the proposer
Notwithstanding the preceding, the City, through its City Manager. also
reserves the right to terminate the contract at any time and for any reason,
without cause and for convenience, and without any monetary liability to
the City, upon the giving of thirty {30) days prior written notice to the
proposer.
35. BILLING INSTRUCTIONS. Invoices. unless otherwise indicated. must
show purchase order numbers and shall be submitted to the ordering City
department.
36. SUBSTITUTIONS. The City WILL NOT accept substitute shipments of
any kind. The proposer is expected to furnish the brand quoted in its
proposal. Any substitute shipments will be returned at the proposer 's
expense.
37. FACILITIES. The City, through its City Manager or his/her authorized
designee, reserves the right to inspect the proposer 's facilities at any
time, upon reasonable prior written or verbal notice.
38. PROTEST. In the event a prospective proposer wishes to protest any part
of the General Conditions. Special Conditions and/or Technical
Specifications contained in this 11 must file a notice of protest in writing to
the Procurement Director, with a copy to the City Clerk, at least ten (1 0)
business days prior to the Proposal opening date and hour specified in the
solicitation. Any proposer . who has a substantial interest in. and is
aggrieved in connection with the solicitation or proposed award may
protest to the City Manager or h1s or her designee anytime until two (2)
business days following the release of the City Manage~s written
recommendation to the City Commission, as same is set forth and
18 I RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES
95
released in the City Commission agenda packet. for award of the proposal
in question in accondance with City of Miami Beach Ordinance No. 2002-
3344, which establishes procedures for proposal prolests and which can
be found on the Procurement website. Failure to file a timely notice ol
protest will constitute a waiver of proceedings.
39. CLARIFICATION AND ADDENDA TO PROPOSAL SPECIFICATIONS: If
a proposer is in doubt as to lhe true meaning of the Proposal
specifications, or other Proposal documents, or any part thereof, the
proposer must submit to the City, at least ten (10} calendar days prior to
the scheduled Proposal opening date, a request for clarification. NO
QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID
DEADLINE.
40. Any interpretation of the Proposal. including, without limitation, responses
to questions and request for clarifica~on(s) from proposer s, will be made
only by Addendum duly issued by the City. In the event of conflict with the
original specifications, the Addendum shall supersede such specifications.
to the extent specified. Subsequent Addendum shall govern over prior
Addendum only to the extent specified. The proposer shall be required to
acknowledge receipt of any and all Addendum, and filling in and signing in
the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure
to acknowledge Addendum may deem a proposal non-responsive.
41. The City will not be responsible for explanabons, interpretations, or
answers to questions made verbally or in writing by any City
representative. unless issued by the City via formal written Addendum to
this Proposal.
42. Any questions or clarifications concerning the Proposal shall be submitted
in writing to the Department of Procurement Management (DPM) 1700
Convention Center Drive, Miami Beach, FL 33139 with a copy to the City
Clerk
43. DEMONSTRATION OF COMPETENCY.
44. Pre-awand inspection of the proposer 's facility may be made prior to the
award of contract
45. Proposals will only be considered from fimns which are regularly engaged
in the business of providing the goods and/or services as described in lhis
Proposal.
46. Proposers must be able to demonstrate a good record of pertormance for
a reasonable period of time. and have sufficient financial capacity,
equipment, and organization to ensure that they can satisfactorily pertorm
the services if awarded a contract under the terms and conditions of this
Proposal.
47 The terms 'equipment and organization', as used herein shall, be
construed to mean a fully equipped and well established company in line
with the best business praclices in the industry, and as determined by the
City of Miami Beach.
48. The City may consider any evidence available regarding the financial,
technical, and other qualifications and abilities of a proposer , including
past performance (experience), in making an award that is in the best
interest of the City.
49. The City may require proposer s to show proof that they have been
designated as authorized representatives of a manufacturer or supplier,
which is the actual source of supply. In these instances. the City may also
require material infonnation from the source of supply regard1ng the
quality, packaging, and characteristics of the products lo be supply to the
City. Any material confiicts between infonmation provided by the source of
supply and the information contained in the proposer 's proposal may
render the proposal non-responsive.
50. The City may, during the period that the contract between the City and the
successful proposer is i~ force, review the successful proposer 's record
of performance to ensure that lhe proposer is continuing to provide
sufficient financial support. equipment. and organization as prescribed in
this proposal. Irrespective of the proposer 's performance on oontracts
awarded to it by the City, the City may place said contracts on
probationary status and implement termination procedures 1f the C1ty
determines that the successful proposer no longer possesses the
financial support. equipment and organization which would have been
necessary during the proposal evaluation period in order to comply with
the demonstration of competency required under this subsection.
~ lv'\Lt:.JVd BEACH
51. DETERMINATION OF AWARD. Unless otherwise stated 1n the Special
Conditions, The City Commission shall award the pruposal to the lowest
and best proposer . In detenmining the lowest and best proposer , in
addition to price, there shall be considered the following:
a. The ability, capacity and skill of the proposer to perform the
contract.
b. Whether the proposer can perform the contract within the time
specified, without delay or Interference.
c. The character, integrity, reputation, judgment, experience and
efficiency of the proposer .
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the proposer with
Applicable Laws relating to the contract.
52. ASSIGNMENT. The successful pruposer shall not assign, transfer,
convey, sublet or otherwise dispose of the contract, including any or all of
its right, title or interest therein, or his/her or its power to execute such
contract to any person, company or aorporation, without the prior written
aonsent of the City.
53. LAWS, PERMITS AND REGULATIONS. The proposer shall obtain and
pay for all licenses. penmits, and Inspection fees required under the
contract: and shall comply with all Applicable Laws.
54 OPTIONAL CONTRACT USAGE. When the successful proposer (s) is in
agreement, other units of government or non-profrt agencies may
participate in purchases pursuant to the award of this contract at the
option of the unit of government or non-profit agency.
55. SPOT MARKET PURCHASES. It is the intent of the City to purchase the
items specifically listed in this Proposal from the successful proposer.
However, the City reserves the right to purchase the items from state or
other governmental contract, or on an as-needed basis through the City's
spot market purchase provisions
56. ELIMINATION FROM CONSIDERATION. This proposal shall not be
awarded to any person or firm who is 1n arrears to the City upon any debt,
taxes, or contracts which are defaulted as surety or otherwise upon any
obligation to the City.
57. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if
pruvided. are for City guidance only. No guarantee is e~pressed or implied
as to quantities or dollars that will be used during the contract period. The
City is not obligated to place any order for a given amount subsequent to
the award of this Proposal Estimates are based upon the City's actual
needs and/or usage during a previous contract period. The City may use
said estimates for purposes of determining whether the low proposer
meets specifications.
58. COLLUSION. Where two (2) or more related parties each submit a
proposal or proposals for any contract, such proposals or proposals shall
be presumed to be collusive. The foregoing presumption may be
rebutted by presentation of evidence as to the extent of ownership, control
and management of such related parties in the preparation and submittal
of such proposal or proposals. "Related parties' means proposers or the
principals thereof which have a direct or indirect ownership interest in
another pruposer for the same contract, or in which a parent company or
the principals thereof of one (1) proposer have a direct or indirect
ownership interest in another pruposer for the same contract. Pruposal or
proposals found to be collusive shall be rejected.
59. Proposer s who have been found to have engaged in collusion may also
be suspended or debarred. and any contract resulting from collusive
proposalding may be tenminated for cause.
60. DISPUTES. In the event of a conflict between the Proposal documents,
the order of priority of the documents shall be as follows:
61. Any contract or agreement resulting from the award of this Proposal: then
62. Addendum issued for this Proposal, with the latest Addendum taking
precedence; then
63. The Proposal; then
64. The proposer's proposal in response to the Proposal.
191 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES
96
65. REASONABLE ACCOMMODATION. In accordance with Ti~e II of the
Americans with Disabilities Act, any person requiring an accommodation
at the Proposal opening because of a disability must contact the
Prucurement Division.
66. GRATUITIES. Proposers shall not offer any gratuities, favors. or anything
of monetary value to any official, employee, contractor, or agent of the
City, for the punpose of influencing consideration of this Proposal.
67. SIGNED PROPOSAL CONSIDERED AN OFFER. The signed proposal
shall be considered an offer on the part of the proposer. which offer shall
be deemed accepted upon award of the proposal by the City Commission.
In case of default on the part of the successful pruposer . after such
acceptance. the City may procure the items or services from ather
sources and hold the pruposer responsible for any excess cost
occasioned or incurred thereby.
68. TIE PROPOSALS. In accordance with Flolida Statues Section 287.087,
regarding identical tie proposals. preference will be given to proposer s
certifying that they have implemented a drug free work place program. A
certification fonm will be required. In the event of a continued tie between
two or more proposer s after consideration of the drug free workplace
program, the City's Local Preference and Veteran Preference ordinances
will dictate the manner by which a tie is to be resolved. In the event of a
continued tie after the Local and Veteran Preference ordinances have
been applied or the tie exists between proposer s that are not Local or
Veteran, the breaking of the lie shall be at the City Manager's discretion,
which will make a recommendation for award to the City Commission.
69. DELIVERY TIME. Proposers shall specify in the attached Proposal Form,
the guaranteed delivery time (in calendar days) for each item. It must be
a firm delivery time; no ranges (For example, 12-14 days) will be
accepted.
70. TERMINATION FOR DEFAULT. If the successful proposer shall fail to
fulfill in a timely manner, or otherwise violate, any of the covenants.
agreements, or stipulations material to the Pruposal and/or the contract
entered into with the City pursuant thereto, the City shall thereupon have
the right to terminate the work and/or services then remain1ng to be
perfonmed by giving written notice to the proposer of such termination,
which shall become effective upon receipt by the proposer of the written
tenmination notice.
71. In that event, the City shall compensate the successful proposer in
accordance with the tenm of the contract for all work and/or services
satisfactorily perfonmed by the proposer prior to termination, net of any
costs incurred by the City as a consequence of the default.
72. Notwithstanding the above, the successful proposer shall not be rel1eved
of liability to the City for damages sustained by the City by virtue of any
breach of the contract by the proposer , and the City may reasonably
withhold payments to the successful proposer for the purposes of set off
until such time as the exact amount of damages due the City from the
successful proposer is detenmined.
73. The City may, at its discretion, provide reasonable "cure period" for any
contractual violation prior to tenmination of the contract, should the
successful proposer fail to take the corrective action specified in the City's
notice of default within the allotted cure period, then the City may proceed
to tenminate the contract for cause in accordance with this subsection
1.57.
74. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its
convenience, tenminate the work and/or services then remaining to be
performed, at any time, by giving written notice to the successful proposer
of such termination, which shall become effective thirty (30) days following
receipt by proposer of such notice. In that event. all finished or unfinished
documents and other materials shall be properly delivered to the City. If
the contract is tenminated by the City as provided in this subsection, the
City shall compensate the successful pruposer in accordance with the
terms of the contract for all and without cause and/or any resulting liability
to the City, work and/or services actually performed by the successful
proposer , and shall also compensate the proposer for its reasonable
direct costs in assembling and delivering to City all documents. No
compensation shall be due to the successful proposer for any profits that
tp l'J\Lii,;Vd BEACH
the successful proposer expected to earn on the balanced of the ccntract.
Such payments shall be the total extent of the City's liability to the
successful proposer upon a termination as provided for in this subsection.
75. INDEMNIFICATION. The successful Proposer shall indemnify and hold
harmless the City and its officers, employees, agents and instnumentalities
from any and all liability, losses or damages, including attorney's fees and
ccsts of defense, which the City or its officers, employees, agen~ or
instrumentalities may incur as a result of claims, demands, suits, causes
of actions or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of the agreement by the successful
Proposer or its employees, agents, servants, partners, principals or
subccntractors. The successful Proposer shall pay all claims and losses
in connection therewith, and shall investigate and defend all claims, suits
or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all costs, judgmen~. and
attomey's fees which may be incurred thereon. The successful Proposer
expressly understands and agrees that any insurance protection required
by this Agreement or otherwise provided by the successful Proposer shall
1n 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 above indemnification provisions
shall survive the expiration or termination of this Agreement
76. MODIFICATION/WITHDRAWALS OF PROPOSALS. A proposer may
submit a modified proposal to replace all or any portion of a previously
submitted proposal up until the proposal due date and time. Modifications
received after the proposal due date and time will NOT be considered.
77. Proposals shall be irrevocable until contract award unless withdrawn in
writing prior to the proposal due date or after expiration of 120 calendar
days from the opening of proposals without a contract award. Letters of
withdrawal received after the proposal due date and before said expiration
date and letters of withdrawal received after contract award will NOT be
considered.
78. EXCEPTIONS TO PROPOSAL Proposer s are strongly encouraged to
20 I RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES
97
thoroughly review the specifications and all ccnditions set forth in this
Proposal. Proposers who fail to satisfy the requirements in this Proposal,
may be deemed non-responsive and receive no further
ccnsideration. Should your proposed proposal not be able to meet one
(1) or more of the requirements set forth in 1tlis Proposal and you are
proposing alternatives and/or exceptions to said requirements, you must
notify the Procurement Office, in writing, at least five (5) days prior to the
deadline for submission of proposals. The City reserves the right to revise
the scope of services via Addendum prior to the deadline for receipt of
proposals.
79. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that
all Proposal including, without limitation. any and all information and
documentation submitted therewith, are exempt from public records
requirements under Section 119.07(1), Florida Statutes. and s. 24(a), Art.
1 of the State Constitution until such time as the City provides notice of an
intended decision or until thirty (30) days after opening of the proposals,
whichever is earlier. Additionally, Contractor agrees to be in full
ccmpliance with Florida Statute 119.0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and
necessarily would be required by the public agency in order to perfonm the
services; (b) provide the public with access to public records on the same
terms and conditions that the public agency would provide the reccrds and
at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law; (c) Ensure that public records that are exempt
or confidential and exempt from public records disclosure requirements
are not disclosed except as authorized by law; (d) Meet all requirements
for retaining public reccrds and transfer, at no ccst, to the public agency
all public reccrds in possession of the ccntractor upon tenmination of the
contract and destroy any duplicate public records that are exempt or
confidential and exempt from public reccrds disclosure requirements. All
records stored electronically must be provided to the public agency in a
!annat that is compatible with the information technology systems of the
public agency.
BEACH
APPENDIX A
Proposal Certification,
Questionnaire &
Requirements Affidavit
RFQ 2014-087SR
CITYWIDE DEMOLITION SERVICES
DEPARTMENT OF PROCUREMENT MANAGEMENT
1 700 Convention Center Drive
Miami Beach, Florida 33139
98
Solicitation No: 2014-0S?SR Solicitation Title: Citywide Demolition Services
Procurement Contact: Telephone Number:
Sandra M. Rico (305) 673-7000 X 6230
I E-mail Address:
srico@miamibeachfl.gov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective
Proposers of certain SOLICITATION and contractual requirements, and to collect necessary information from Proposers in order
that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be
evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must
be submitted fully completed and executed.
1. General Proposer Information.
FIRM NAME:
No of Years in Business: I No of Years in Business Locally: I No. of Employees:
OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm
or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any
information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract
requirements.
221 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES (9 lv\1;\Mi BEACH
99
2. Miami Beach Based (Local) Vendor. Is proposer a Miami Beach based firm?
3.
c=J YES c=J NO
SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt
issued by the City of Miami Beach, as required pursuant to ordinance 2011-3747, to demonstrate that the Proposer is a
Miami Beach Based Vendor.
Veteran Owned Business~oser a veteran owned business?
L_j YES c=J NO
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation
proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of
Florida or United States federal government, as required pursuant to ordinance 2011-3748.
5. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against
your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed,
and identify the court or agency before which the action was instituted, the applicable case or file number, and the
status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s),
provide a statement to that effect. If "No" litigation or regulatory action has been filed against your firm(s), please
provide a statement to that effect Truthful and complete answers to this question may not necessarily disqualify
a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers
to this question shall result in the disqualification of the firm for this project.
SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or
any proposer team member firm, in the past five (5) years. If Proposer has no litigation history or regulatory action in
the past 5 years, submit a statement accordingly.
6. References & Past Performance. Proposer shall submit at least three (J) references for wl:!om tl:!e proposer l:!as
completeEl work similar in size an~ nature as tl:!o work roforoneoEl in solieitation. /\dditienally, Pro~eser she~:~ld provide
reference with the Contraetor Client 19Hrvey ~roviEleEl as an attachment to tl:!e solicitation, aRE! request ll:!at your
reference sutJmit the com~leted survey to directly to tl:!e centracting officer named in the solicitation. In order to be
considered, surveys must be sent to the Procurement Di•Jision directly by the reference. ,A, minimt:Jm of three (J)
references are rel:JuireEl. THIS SECTION IS SUPERCEDED BY REFERENCE REQUIREMENTS ESTABLISHED IN
SECTION Ill.
SUBMITTAL REQUIREMENT: Proposer sl:!all st:Jbmit a minimum ef three (J) referenees, including the fellewing
information: 1) F"irm Name, 2) Contact lnElividHal Name & Title, J) AElElress, 4) Telepl:!one, 5) Contact's Email and 6)
Narrative on Scope of Services Provided. Additionally, each reference sheuld submit Centracter Client Survey inel~:~ded
in the solicitation directly to the Citv. Proposer may st:Jbmit aElditional FOferences and ask ll:!at additional references
submit client surveys as ap~lieable.
7. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal
violation, or had a contract cancelled due to nonjperfor~ance by any public sector agency? c=J YES NO
SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons
that led to action(s).
8. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign
Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,
and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the
event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a
controlling financial interest as defined in ITN. For each individual or entity with a controlling financial interest indicate
whether or not each individual or entity has 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 Miami Beach.
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9. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do
business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement
Division with its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the
Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of
interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of
Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of
Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement/.
10. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to lime,
proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living
wage rates listed below:
• Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr
with health benefits, and $12.92/hr without benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for
inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S.
Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three
percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it
determines it would not be fiscally sound to implement same (in a particular year).
Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the City
may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to
additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on
the Living Wage requirement is available at www.miamibeachfl.gov/procurement!.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,
Proposer agrees to the living wage requirement.
11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding
competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees
on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-
3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to
competitive bids, 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 Contractor who work 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? c=J YES [=:J NO
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=J YES c::J NO
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 Firm Provides for Firm Provides for Firm does not
Employees with Employees with Provide Benefit
Spouses Domestic Partners
Health --
Sick Leave ---
Family Medical Leave
Bereavement Leave
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If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no
insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable
Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed
Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures
Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the
City Manager's decision is final. Further information on the Equal Benefits requirement is available at
www.miamibeachfi.gov/procurement/.
12. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from lime to time,
states that 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 bid, proposal, or reply on a contract to provide any goods or services to a public entity;
may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids, proposals, or replies 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 ins. 287.017
for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,
proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on
convicted vendor list.
12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the
solicitation which may provide additional information to proposers or alter solicitation requirements. The City will strive
to reach every Proposer having received solicitation through the City's a-procurement system, PublicPurchase.com.
However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to
solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum
released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result
in proposal disqualification.
Initial to Confirm Initial to Confirm lniUal to Confirm
Receipt Receipt Receipt
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15 . . If add111onal confirmation of addendum 1s required, submit under separate cover .
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DISCLOSURE AND DISCLAIMER SECTION
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's
convenience. Any action taken by the City in response to Proposals made pursuant to this RFQ, or in making any award, or in
failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this
RFQ, either before or after issuance of an award, shall be without any liability or obligation on the part of the City.
In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject
proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its
sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in
response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances,
including financial and disclosure data, relating to the Proposal and the applicant including, without limitation. the applicant's
affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the
recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances
as to the accuracy of any information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk.
Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by
the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No
warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected
for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any
award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure
and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals
submitted to the City pursuant to this RFO are submitted at the sole risk and responsibility of the party submitting such Proposal.
This RFQ is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for
guidance only, and does not constitute all or any part of an agreement
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the
applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the
terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by
the City for any reason, or for no reason, without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to
disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent
permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by
the City shall become public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,
the Proposer acknowledges and agrees that the City has the right to make any inquiry or investlgation it deems appropriate to
substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all
information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true,
accurate and complete, to the best of its knowledge, information, and belief.
Notwithstanding the foregoing or anything contained in the RFQ, all Proposers agree that in the event of a final unappealable
judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFQ, or any response
thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and
liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this
Disclosure and Disclaimer which imposes no liability on the City.
In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFQ, it is understood
that the provisions of this Disclosure and Disclaimer shall always govern. The RFQ and any disputes arising from the RFQ shall
be governed by and construed in accordance with the laws of the State of Florida.
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PROPOSER CERTIFICATION
I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this ITN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and
the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and
conditions contained in the I TN, and any released Addenda and understand that the following are requirements of this
SOLICITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any
other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate.
Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative:
Signature of Proposer's Authorized Representative: Date:
State of FLORIDA On this ~day of , 20_, personally
appeared before me who
County of stated that (s)he is the of
_____ , a corporation, and that the instrument was signed in behalf of the said
corporation by authority of its board of directors and acknowledged said instrument to be its voluntary
act and deed. Before me:
Notary Public for the State of __ _
My Commission Expires: ______ _
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APPENDIX B
MIAMI BEACH
Sample Contract
and
Related Terms and
Conditions & Forms
RFQ 2014-087SR
CITYWIDE DEMOLITION SERVICES
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miami Beach, Florida 33139
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NOTE: THE SAMPLE CONTRACT, TERMS AND CONDITIONS ARE BEING REVIEWED AND
FINALIZED WITH THE LEGAL DEPARTMENT.
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BEACH