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19-156-03 Xylem Dewatering Solutions IncC O N T RA C T N O . 19 -1 5 6 -0 3 M IA M I BEACH City of Miami Beach, 1755 Meridian Avenue, 3 Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305673-7490, Fox: 786-394-4235 SENT VIA E-MAIL TO: Zachary.groner@x yleminc.com March 18, 2020 Zachary Groner Xyelm Dewatering Solutions, Inc. 1201 NW 18 Street Pompano Beach, FL. 33069 Phone: 305-906-2811 R E : N O T IC E O F A W A R D O F C O N T R A C T P U R S U A N T TO IN V ITA T IO N TO B ID (1T B ) NO . 20 19-156 -D F FO R T H E R EN T A L O F P U M P S A N D R ELA T E D IT E M S . Dear Mr. Groner: On September 24, 2019, Xyelm Dewatering Solutions, Inc., (the "Contractor") submitted to the City of Miami Beach, Florida (the "City") a bid in response to the above-referenced 1TB. The 1TB stipulates, pursuant to Section 0200, Sub-Section 16, Binding Contract, that the approval of the City Manager's recommendation by the Mayor and City Commission shall constitute a binding Contract between the City and the awarded bidder. Accordingly, this letter shall serve as official notice from the City that the Mayor and Commission, at its February 12, 2020 meeting, approved the City Manager's recommendation pursuant to the 1TB, to award a contract to Xyelm Dewatering Solutions, Inc., for the rental of pumps and related items. No services may be performed until such time as the City has issued a Purchase Order. If you have any questions regarding this letter of notification of award, you may contact Valerie Velez, Contract Analyst, Procurement Department, at Valerie Velez@miamibeachfl.goy or at 305.673.7490. Otherwise, all other questions should be addressed to the Contract Manager for this contract, Rodolfo De La Torre, Infrastructure Division Director, Public Works Department, at rodolfodelatorre@miamibeachfl.gov _ or (305) 673-7000 ext. 26243. Sincerely, nis 1 ector Procurement Department AD/ME/AG We are committed to providing excellent public ser vice and salety to all who live, work, and play in our vibrant, tropical, historic com mun ity A TT A C H M E N T A R E SO LU T IO N C O M M IS SIO N IT EM S A N D C O M M IS SIO N M E M O R A N D U M C oversheet Page 1 of 2 Com petitive Bid Reports - C2 E M IAM I BEACH COMMISSION MEMORANDUM TO: FROM: DATE: Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager February 12, 2020 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (1TB) NO. 2019-156- DF FOR THE RENTAL OF PUMPS AND RELATED ITEMS. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida ("City") approve the City Manager's recommendation pertaining to bids received, pursuant to 1TB 2019-156-DF, for the rental of pumps and related items. BAC KG RO U ND/H ISTO R Y The City has utilized competitively awarded contracts from cooperative alliances or public entities, that have themselves utilized a public procurement process, to procure the rental of pumps and related items for approximately two (2) years. The purpose of this bid is to establish a contract, by means of sealed bids with a qualified firm(s) to provide the rental, delivery and pick up of pumps and related items on an "as-needed" basis. It is the City's intent to award this contract as a push button contract. Push button contracts provide the means of quickly responding to critical needs via a competitively solicited indefinite quantity contract. When items are needed, the requesting department will select the awarded vendor that has the best pricing and availability for the sum of the items needed for the particular need identified, on a case by case basis. A NALYSIS The 1TB was issued on August 23, 2019, with bid opening date of September 26, 2019. The Procurement Department issued bid notices to 7,767 companies utilizing www.publicpurchase.com and www.bidsync.com website. 67 prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of five (5) responses from: Herc Rentals, Inc. ("Herc Rentals"), MW! Corporation ("MW!"), Bobcat of Miami, LLC d/b/a Synergy Equipment ("Synergy Equipment"), United Rentals (North America), Inc. (''United Rentals") and Xylem Dewatering Solutions, Inc ("Xylem Dewatering Solutions"). See Attachment A for a tabulation of bids received. The 1TB stated that the responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the 1TB will be recommended for award. Herc Rentals failed to provide bid pricing in accordance with the requirements and specifications of the 1TB, therefore their bid submittal was deemed non-responsive and received no further consideration. Additionally, United Rentals included exceptions with their bid which were unacceptable to the City, therefore on January 14, 2020 United Rentals withdrew their bid from further consideration. Staff has verified that the remaining bids submitted by MWI, Synergy Equipment, and Xylem Dewatering Solutions met the requirements of the 1TB and can be considered. The remaining three (3) bid submittals have been deemed responsive to the 1TB requirements. A brief description of each proposer follows: MWI MW! was originally founded as a company engaged in the manufacture of iron and steel equipment, MWI realized the need for a reliable manufacturer of pumping stations for irrigation, drainage, and flood control applications. MW! continues to be a leader in the global engineering and manufacturing of custom-designed axial and mixed flow pumps and related systems, with over 20,000 propeller pumps built to date. SYNERGY EQUIPMENT Synergy Equipment was established in 2012 and has since established themselves in the compact and heavy equipment industry with an emphasis on building symbiotic relationships between rental and dealer. Synergy Equipment provides multiple lines of equipment manufacturers to cater the needs of a wide variety of customers from a large commercial construction to local contracto rs. XYLEM DEWATERING SOLUTIONS Xylem Dewatering Solutions is a leading water technology company committed to "solving water" by creating innovating and smart technology solutions to meet the world's water, wastewater, and energy needs. FINA N C IA L INFORM A TION The costs of the related services are subject to funds availability approved through the City's budgeting process. Grant funding will not be utilized for these projects. https:/ /m iam ibeach.n ovu sagenda.com/agendapublic/C overSheet.aspx?I tem ID = 1487 6&M e... 2/1 8/2 020 C ov ersheet Page 2 of2 C O N C LU S IO N As previously stated, award of the 1TB will establish a pool of prequalified firms that have submitted fixed unit pricing for a wide range of items or services that may be required for future work. While the actual lowest bidder may vary by item, when a specific project is required, staff will utilize the total of the unit prices submitted by each bidder for the required work to identify the overall lowest total cost for the project. These types of contracts, known as push button contracts, are common in the industry and used extensively by agencies such as the Florida Department of Transportation. They are innovative ways to expedite work while assuring the City is benefiting from pricing established through competitive solicitations. Therefore, after reviewing the bids received and the evaluation of staff, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract, pursuant 1TB 2019-156-DF, to MWI Corporation, Bobcat of Miami, LLC d/b/a Synergy Equipment, and Xylem Dewatering Solutions, Inc, as responsive, responsible bidders to the 1TB; and further authorize the Mayor and City Clerk to execute the contracts. A pp lic a b le A re a Not Applicable Is this a R es id e nt R ig h t to K now ite m ? No D o es this item utilize G .O . B o nd Funds ? No Le g is la tiv e T ra c k in g Public Works/Procurement A TT A C H M E N T S : D es c riptio n D Attachment A htt ps:/ /m iam ibeach .novu sagenda.com /agendapublic/C overSheet.aspx?I tern ID= 1487 6&M e... 2/18/2020 Attachment A Tabulation Group 1- Pump Rental M W I Corporation Synergy Equipment Xylem Dewatering D e scrip tio n 1 4" NO BID $ 279.00 $ 761.00 $ 2,074.00 NO BID $ 168.00 $ 561.00 $ 1,700.00$ 156.00 $ 156.00 $ 468.00 $ 1,404.00 2 4" High Head NO BID $ 314.00 $ 856.00 $ 2,333.00 NO BID S 208.00 $ 693.00 $ 2,100.00 $ 447.00 $ 447.00 $ 1,341.00 $ 4,023.00 3 6" NO ID $ 382.00 $ 1,023.00 $ 2,788.00 NO BID S 228.00 $ 759.00 $ 2,300.00 $ 258.75 S 258.75 $ 776.25 $ 2,328.75 4 6" High Head NO BID $ 409.00 $ 1,093.00 $ 2,981.00 NO 81D $ 297.00 $ 990.00 $ 3,000.00 $ 579.75 $ 579.75 $ 1,739.25 $ 5,217.75 5 8" NO BID $ 492.00 $ 1,316.00 $ 3,588.00 NO BID $ 267.00 $ 891.00 $ 2,700.00 $ 347.25 $ 347.25 $ 1,041.75 $ 3,125.25 6 8" High Head NO BID $ 1,210.00 $ 3,144.00 $ 8,200.00 NO ID $ 347.00 $ 1,155.00 $ 3,500.00 $ 778.50 $ 778.50 $ 2,335.50 $ 7,006.50 7 10" NO BID $ 993.00 $ 2,590.00 $ 6,757.00 NO BID $ 396.00 $ 1,320.00 $ 4,000.00 $ 437.25 $ 437.25 $ 1,311.75 $ 3,935.25 8 10" High Head NO BID NO BID NO BID NO BID NO BID $ 426.00 $ 1,419.00 $ 4,300.00 $ 778.50 $ 778.50 $ 2,335.50 $ 7,006.50 9 12" NO BID $ 1,084.00 $ 2,827.00 $ 7,374.00 NO BID $ 495.00 $ 1,650.00 $ 5,000.00 $ 513.00 $ 513.00 $ 1,539.00 $ 4,617.00 10 12" Hig h Head NO BID $ 1,479.00 $ 3,858.00 $ 10,063.00 NO BID $ 545.00 $ 1,815.00 $ 5,500.00 $ 945.00 $ 945.00 $ 2,835.00 $ 8,505.00 NO BID $ 12.00 $ 29.00 $ 75.00 NO B ID $ 10.00 $ 30.00 $ 90.00 $ 7.20 $ 7.20 $ 21.60 $ 64.80 12 4 20' Section NO BID $ 23.00 $ 58.00 $ 150.00 NO ID $ 15.00 $ 45.00 $ 135.00 $ 12.60 $ 12.60 $ 37.80 $ 113.40 13 6" 10' Section NO BID $ 15.00 $ 39.00 $ 100.00 NO BID $ 10.00 $ 30.00 $ 90.00 $ 11.40 $ 11.40 $ 34.20 $ 102.60 14 6" 20' Section NO BID $ 30.00 $ 77.00 $ 200.00 NO 81 $ 17.00 $ 53.00 $ 160.00 $ 17.40 $ 17.40 $ 52.20 $ 156.60 15 8" 10' Section NO 81D $ 20.00 $ 49.00 $ 125.00 NO BID $ 13.00 $ 40.00 $ 120.00 $ 19.80 $ 19.80 $ 59.40 $ 178.20 16 8" 20' Section NO BID $ 37.00 $ 96.00 $ 250.00 NO ID $ 22.00 $ 66.00 $ 200.00 $ 31.20 $ 31.20 $ 93.60 $ 280.80 17 10" 10' Section NO BID $ 30.00 $ 77.00 $ 200.00 NO BID $ 16.00 $ 50.00 $ 150.00 $ 24.00 $ 24.00 $ 72.00 $ 216.00 18 10" 20' Section NO 8ID $ 60.00 $ 154.00 $ 400.00 NO BID $ 27.00 $ 83.00 $ 250.00 $ 46.80 $ 46.80 $ 140.40 $ 421.20 19 12" 10' Section NO BID $ 40.00 $ 106.00 $ 275.00 NO BID $ 22.00 $ 66.00 $ 200.00 $ 31.80 $ 31.80 $ 95.40 $ 286.20 20 12" 20' Section NO BID $ 81.00 $ 211.00 $ 550.00 NO BID $ 33.00 $ 99.00 $ 300.00 $ 54.00 $ 54.00 $ 162.00 $ 486.00 ction End Protection Screen (Strainer) 21 4" NO BID $ 6.00 $ 12.00 $ 25.00 NO BID $ 4.00 $ 12.00 $ 36.00 $ 4.20 $ 4.20 $ 12.60 $ 37.80 22 6" NO BID $ 7.00 $ 15.00 $ 35.00 NO ID $ 5.00 $ 17.00 $ 50.00 $ 4.80 $ 4.80 $ 14.40 $ 43.20 23 8" NO ID $ 10.00 $ 20.00 $ 40.00 NO 8ID $ 7.00 $ 20.00 $ 60.00 $ 5.40 $ 5.40 $ 16.20 $ 48.60 24 10" NO 8ID $ 15.00 $ 35.00 $ 90.00 NO 81 $ 8.00 $ 25.00 $ 75.00 $ 7.80 $ 7.80 $ 23.40 $ 70.20 25 12" NO ID $ 20.00 $ 49.00 $ 125.00 NO BID $ 9.00 $ 28.00 $ 85.00 $ 8.40 $ 8.40 $ 25.20 $ 75.60 e Float Section End 26 4" NO BID NO ID NO BID NO BID NO BID $ 8.00 $ 25.00 $ 75.00 $ 4.20 $ 4.20 $ 12.60 $ 37.80 27 6" NO BID NO BID NO ID NO BID NO 8ID $ 11.00 $ 33.00 $ 100.00 $ 4.80 $ 4.80 $ 14.40 $ 43.20 28 8" NO BID NO BID NO BID NO BID NO BID $ 14.00 $ 41.00 $ 125.00 $ 5.40 $ 5.40 $ 16.20 $ 48.60 29 10" NO BID NO BID NO BID NO BID NO SID $ 16.00 $ 50.00 $ 150.00 $ 7.80 $ 7.80 $ 23.40 $ 70.20 30 12" NO BID NO SID NO BID NO BID NO BID $ 19.00 $ 58.00 $ 175.00 $ 8.40 $ 8.40 $ 25.20 $ 75.60 lypropylene Discharge Hose (up to 150 psi) 31 4" 10' Section NO BID NO BID NO BID NO BID NO BID s 4.00 $ 13.00 $ 40.00 $ 15.00 $ 15.00 $ 22.50 $ 45.00 32 4" 20' Section NO ID NO 8ID NO BID NO ID NO BID $ 7.00 $ 20.00 $ 60.00 $ 30.00 $ 30.00 $ 60.00 $ 90.00 33 6" 10' Section NO ID NO BID NO BID NO ID NO B8ID $ 5.00 $ 17.00 $ 50.00 $ 18.30 $ 18.30 $ 27.50 $ 55.00 34 6" 20' Section NO ID NO BID NO BID NO BID NO BID $ 9.00 $ 26.00 $ 80.00 $ 36.66 $ 36.66 $ 55.00 $ 110.00 35 8" 10' Section NO ID NO BID NO BID NO BID NO BID s 7.00 $ 20.00 $ 60.00 $ 21.66 $ 21.66 $ 32.50 $ 65.00 36 8" 20' Section NO BID NO BID NO BID NO ID NO BID $ 11.00 $ 33.00 $ 160.00 $ 43.33 $ 43.33 $ 65.00 $ 65.00 37 10" 10' Section NO ID NO ID NO BID NO ID NO 8ID $ 8.00 $ 23.00 $ 70.00 $ 25.00 $ 25.00 $ 25.00 $ 75.00 38 10" 20' section NO BID NO BID NO BID NO BID NO SID $ 13.00 $ 40.00 $ 120.00 $ 50.00 $ 50.00 $ 75.00 $ 150.00 39 12" 10' Section NO BID NO BID NO BIO NO BID NO BID $ 11.00 $ 33.00 $ 100.00 $ 28.33 s 28.33 $ 42.50 $ 85.00 40 12 20' Section NO BID NO BID NO BID NO BID NO BID s 17.00 $ 53.00 $ 160.00 $ 56.60 $ 56.60 $ 85.00 $ 170.00 yflat Hose 41 4" 50' Section NO 810 $ 25.00 $ 59.00 $ 150.00 NO BID $ 15.00 $ 45.00 $ 135.00 $ 12.60 $ 12.60 $ 37.80 $ 113.40 42 4" 100' Section NO BID $ 39.00 $ 99.00 $ 250.00 NO BID $ 29.00 $ 89.00 $ 270.00 $ 24.60 $ 24.60 $ 73.80 $ 221.40 43 6 50' Section NO BID $ 30.00 $ 89.00 $ 225.00 NO BID s 17.00 $ 53.00 $ 160.00 $ 20.40 $ 20.40 $ 61.20 $ 183.60 44 6" 100' Section NO BID $ 60.00 $ 145.00 $ 375.00 NO BID $ 35.00 $ 106.00 $ 320.00 $ 39.00 $ 39.00 $ 117.00 $ 351.00 45. 8 50' Section NO 81D $ 45.00 $ 110.00 $ 275.00 NO BID $ 22.00 $ 66.00 $ 200.00 $ 49.80 $ 49.80 $ 149.40 $ 448.20 46 8" 100 Section NO BID $ 72.00 $ 173.00 $ 450.00 NO BID $ 44.00 $ 132.00 $ 400.00 $ 93.00 $ 93.00 $ 279.00 $ 837.00 4 7 10" 5 0' Se ct i on N O B ID N O BID N O BI D N O BID NO BID $ 27.00 $ B3.00 $ 250.00 NO BID NO BIO NO BID NO ID 48 10" 100' Section NO BID NO BIO NO BIO NO BID NO ID $ 54.00 $ 165.00 $ 500.00 NO BID NO BID NO BID NOBIO 49 12" 50' Section NO ID $ 85.00 $ 211.00 $ 550.00 NO BID $ 33.00 $ 99.00 $ 300.00 $ 79.80 $ 79.80 $ 239.40 $ 718.20 50 12" 100' Section NO BID $ 140.00 $ 365.00 $ 950.00 NO BID $ 65.00 $ 198.00 $ 600.00 NO BIO NO BID NO BID NOBID uer-Style Hard Pipe with Locking Connections 51 4"10' Section NO BID S 12.00 $ 29.00 $ 75.00 NO BID $ 4.00 $ 13.00 $ 40.00 $ 5.40 $ 5.40 $ 16.20 $ 48.60 52 4" 20' 5Section NO BID $ 23.00 $ 58.00 $ 150.00 NO BID $ 7.00 $ 20.00 $ 60.00 $ 6.60 $ 6.60 $ 19.80 $ 59.40 53 6" 10'Section NO ID $ 15.00 $ 39.00 $ 100.00 NO BID $ 5.00 $ 17.00 $ 50.00 $ 6.00 $ 6.00 $ 18.00 $ 54.00 54 6 20' Section NO BID $ 30.00 $ 77.00$ 200.00 NO BID $ 9.00 $ 26.00 $ 80.00 $ 13.00 $ 13.00 $ 39.00 $ 117.00 55 8" 10' Section NO BID s 20.00 $ 49.00 $ 125.00 ND BID $ 7.00 $ 26.00 $ 60.00 $ 6.60 $ 6.60 $ 19.80 $ 59.40 56 8" 20' Section NO BID s 37.00 $ 96.00 $ 250.00 NO BID $ 11.00 $ 33.00 $ 100.00 $ 11.40 $ 11.40 $ 34.20 $ 102.60 57 10" 10' Section NO BID s 30.00 $ 77.00 S 200.00 NO BIO $ 8.00 $ 23.00 $ 70.00 $ 6.60 $ 6.60 $ 19.80 $ 59.40 58 10" 20' Section NO BID s 60.00 $ 154.00 $ 400.00 NO BID $ 13.00 $ 40.00 $ 120.00 NO BID NO BID NO BIO NO BID 59 12" 10 Section NO BID s 40.00 $ 106.00 $ 275.00 NO BID $ 11.00 $ 33.00 $ 100.00 $ 7.20 $ 7.20 $ 21.60 $ 64.80 60 12" 20' Section NO ID $ 81.00 $ 211.00 $ 550.00 NO ID $ 17.00 $ 53.00 S 160.00 NO BID NO BID NO BID NO BID Degree Bend/Elbow 61 4 NO BID s 10.00 $ 24.00 $ 59.00 NO BID $ 4.00 $ 12.00 $ 35.00 $ 4.20 $ 4.20 $ 12.60 $ 37.80 62 6" NO BID s 12.00 $ 30.00 $ 75.00 NO BID $ 5.00 $ 17.00 $ 50.00 $ 4.80 $ 4.80 $ 14.40 $ 43.20 63 8" NO BID s 15.00 $ 33.00 $ 81.00 NO BID S 8.00 S 25.00 $ 75.00$ 5.40 $ 5.40 $ 16.20 $ 48.60 64 10" NO 8ID s 31.00 $ 73.00 $ 145.00 NO BID $ 11.00 $ 33.00 $ 100.00 $ 7.80 $ 7.80 $ 23.40 $ 70.20 65 12" NO ID $ 27.00 $ 66.00 $ 165.00 NO BID $ 14.00 $ 41.00 $ 125.00$ 8.40 $ 8.40 $ 25.20 $ 75.60 Degree Bend/Elbow 66 4" NO BID s 10.00 $ 24.00 $ 59.00 NO BID $ 4.00 $ 12.00 $ 35.00 $ 4.20 $ 4.20 $ 12.60 $ 37.80 67 6" NO BID s 12.00 $ 30.00 $ 75.00 NO 8ID $ 5.00 $ 17.00 $ 50.00 $ 4.80 $ 4.80 $ 14.40 $ 43.20 68 8" NO BID s 15.00 $ 33.00 $ 81.00 NO 8ID $ 8.00 $ 25.00 $ 75.00 $ 5.40 $ 5.40 $ 16.20 $ 48.60 69 10" NO BID s 29.00 $ 72.00 $ 145.00 NO ID $ 11.00 $ 33.00 $ 100.00 $ 7.80 $ 7.80 S 23.40 $ 70.20 70 12" NO BID $ 33.00 $ 82.00 $ 165.00 NO BID $ 14.00 $ 41.00 $ 125.00 $ 8.40 $ 8.40 $ 25.20 $ 75.60 71 4" NO BID s 10.00 $ 25.00 $ 65.00 NO BID $ 4.00 $ 12.00 $ 35.00 $ 4.20 $ 4.20 $ 12.60 $ 37.80 72 6 NO BID s 12.00 $ 30.00 $ 75.00 NO 8ID $ 5.00 $ 17.00 $ 50.00 $ 4.80 $ 4.80 $ 14.40 $ 43.20 73 8" NO BID $ 20.00 $ 49.00 $ 125.00 NO BID $ 8.00 $ 25.00 $ 75.00 $ 5.40 $ 5.40 $ 16.20 $ 48.60 74 10 NO BID S 28.00 $ 77.00 $ 160.00 NO BID $ 11.00 $ 33.00 $ 100.00 $ 7.80 $ 7.80 $ 23.40 $ 70.20 75 12 NO BID $ 35.00 $ 88.00 $ 185.00 NO ID $ 14.00 $ 41.00 $ 125.00 $ 8.40 $ 8.40 $ 25.20 $ 75.60 at Switch Level Sensor 76 Float Switch Level Sensor NO ID $ 32.00 $ 79.00 $ 200.00 NO BID $ 27.00 $ 83.00 $ 250.00 $ 33.40 $ 33.40 $ 100.20 $ 300.60 ad/Hose Ramps 77 Road/Hose Ramps NO BID $ 55.00 $ 135.00 $ 350.00 NO BID $ 93.00 $ 281.00 $ 850.00 $ 40.20 $ 40.20 $ 120.60 $ 361.80 78 6"4" Connection Reducing Adapter NO 8ID $ 15.00 $ 29.00 $ 75.00 NO BID s 5.00 $ 17.00 $ 50.00 $ 16.20 $ 16.20 $ 24.30 $ 48.60 G roup 3 - Em e rg e ncy Te chn ic a l Se rvices 1 Emergency Labor Rate s 150.00 $ 135.00 s 110.00 Attachment A ATT ACHM ENT B SOLICITATI ON (ITB ) AND ADDENDUMS MI A MI BEACH City o f Miami Beach, 1755 Meridian Avenue, 3' Flor, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305673-7490 Foxe. 786-3944002 ADDENDUM NO. 4 1TB 2019-156-DF FOR THE RENTAL OF PUMPS AND RELATED ITEMS SEPTEMBER 24, 2019 This Addendum to the above-referenced Invitation-to-Bid (1TB) is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The 1TB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. 1TB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00PM on Thursday, September 26, 2019, at the following address: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the bidder is solely responsible. THE DEADLINE FOR QUESTION HAS PA SSED AND NO FURTHER QUESTIONS WILL - A . BE CONSIDERED. A , ) ' , ·, 1 , " ' \. ', , > ' , ;.- ' , " ....,., ,' / ACCORDINGLY, NO FURTHER EXTENSIONS TO THE DUE DATE WILL BE ALLOWED. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov. E Procurement Contact: Dann Flores Telephone: 305-673-7000, x.26652 miamibeachfl. ov Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission. Sincerely, %8e0%9$%%9e9099e9..8%%99e$8 %8@9 9.ge.e2.898 999.994asee.peso9gsoseo.to e...e .e.9e8e899%e09.929.99te%et8.p9~ 1 ADDENDUM NO. 4 INVITATION TO BID (1TB) No. 2019-156-DF FOR THE RENTAL OF PUMPS AND RELATED ITEMS M IA MI BEA CH City of Miami Beach, 1755 Meridian Avenue, 3" Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305673-7490 Fox: 786-3944002 ADDENDUM NO. 3 1TB 2019-156-DF FOR THE RENTAL OF PUMPS AND RELATED ITEMS SEPTE MBER 18, 2019 T his A ddendum to the above-referenced Invitation-to-Bid (1T B) is issued in response to questions from prospective pro posers, or other clarifications and revisions issued by the C ity. The 1TB is am ended in the fo llow ing part iculars only (deletions are show n by strikethro ugh and additions are und erline d). I. RESPONSES TO QUESTIONS RECEIVED. Q 1: Are w e to quote just base re ntal rates per unit? A re any other item s such as hoses, fittings, transportation, labor to be included? A1: Pl ease refer to Appendix C - Scope of W ork & S pecifications, of the 1T B A ny questions regarding this Addendum should be subm itted in writing to the Pro curem ent Departm ent to the attention of the individual nam ed below , w ith a copy to the C ity Clerk's O ffice at R afael G ranado@mi a mi b each fl.goy. ] P rocurem en t Contact: 1 D ann Flores Telephone: 305-673-7000, x.26652 m iami be ach fl .1o v P roposers are rem inded to acknow ledge receipt of this addendum as part of your 1T B subm ission. Si ncerel y, %ta 2Denis P ro cure m ent D irector 4 ADDENDUM NO. 3 INVITATION TO BID (ITB) NO. 2019-156-DF FOR THE RENTAL OF PUMPS AND RELATED ITEMS MIAMI BE H City ot Miami Beach, 1/b Meridian Avenue, 3"° Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305673.7490 Fax. 786-3944002 ADDENDUM NO. 2 1TB 2019-156-DF FOR THE RENTAL OF PUMPS AND RELATED ITEMS AUGUST 30, 2019 This Addendum to the above-referenced Invitation-to-Bid (1TB) is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The 1TB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. REVISION(S) 1. The pre-bid meeting has been re-scheduled for Septem ber 10,_2019@1:30 PM at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3rd Floor 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-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 877-873-8018 (Toll-free North America) (2) Enter the MEETING NUMBER: 6312925 Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at Raf aelGra nado@mi ami beach fl. gov. Procurement Contact: Telephone: Email: Dann, Flores ,305673-7000, X.26652 , Dannylores@mlamibeachf\.gov :'?Lsers are reminded to acknowledge receipt of this addendum as part of your 1TB submission. 7" I t í f1 º loa /\ fe ocuref nt Director 1 ADDENDUM NO. 2 INVITATION TO BID (ITB) No. 2019-156-DF FOR THE RENTAL OF PUMPS AND RELATED ITEMS MIA M/BE CH City ot Miami Beach, I/S5 Meridian Avenue, 3"° Floor, Miami Beach, Florida 33139, www.miamibeach(l.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fox: 786-3944002 A D D E N D U M N O . 1 1TB 2 0 19 -156-D F F O R T H E R E N T A L O F PU M P S A N D R E LA TE D IT E M S A U G U S T 29, 20 19 This Addendum to the above-referenced Invitation-to-Bid (1TB) is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The 1TB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. C L A R IF IC A T IO N (S ) 1. The pre-bid meeting is scheduled for Se p te m b e r 4, 2019 @ 9 :0 0 A M at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3rd Floor 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-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 877-873-8018 (Toll-free North America) (2) Enter the MEETING NUMBER: 6312925 11. R E S P O N S E S TO Q U E S T IO N S R E C E IV E D . Q1: The site visit and the pre-bid meeting is scheduled to start at 9AM. At what time will the site visit start? A 1: T h ere is n o site vis it m e e tin g sche d u led fo r this project. Any questions regarding this Addendum should be submitted in w riting to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at Rafa@]Granado@miamibeachf]_gov. Procurement Contact: Dann Flores Telephone: 305-673-7000, x.26652 miamibeachfl. 1ov Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission. l l int Director # i ' 1 ADDENDUM NO. 1 INVITATION TO BID (1TB ) No. 2019-156-DF FOR THE RENTAL OF PUMPS AND RELATED ITEMS IN V IT A T IO N T O B ID (1T B ) FOR THE RENTAL OF PUMPS AND RELATED ITEMS 2019-156DF B ID IS S U A N C E D A T E : A U G U S T 23, 20 19 B ID D U E : S E P T E M B E R 24, 20 19 @ 3:0 0 P M IS S U E D B Y : Danny Flores, Procurement Contracting Officer I PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3° Floor, Miami Beach, FL 33139 305.673.7000 x 26652 { dannyflores@miamibeachll.gov ] wwow.miamibeachfl.gov TABLE OF CONTENTS S O LI C IT A T IO N S E C T IO N S : 0100 NOT UTILIZED NIA 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITT AL INSTRUCTIONS & FORMAT .. ., 16 APPENDICES: APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F PROP O SAL CERTI FICATON , QUESTI ONNAI RE AND AFF IDAVITS "NO BID" FORM SCOPE OF W ORK & SPECIFICATIONS SPECIAL CONDITIONS COST PROPOSAL FORM INSURANCE REQUIREMENTS SECTION 0200 INSTRUCTIONS TO BIDDERS 1. GENERAL. This Invitation to Bid (1TB ) is issued by the City of Miam i Beach, Florida (the "City"), as the means for pro spective Proposers to subm it their qualifications, pro posed scopes of work and cost proposals (the "bid") to the City for the City 's consideration as an option in achieving the required scope of serv ices and requirements as noted herein. All docum ents released in connection with this solicitation, including all appendixes and addenda, whether included herei n or released under separ at e cover, comprise the solici tation, an d are complemen tary to one anot her and together establish the com plete terms, conditions and obligations of the Pro posers and, subsequently, the successful Bidders(s) (th e "contra ctor[s]") if this 1TB results in an award. The City utilizes PublicPurchase (ww w_pu blicp urch ase_com) fo r autom atic notification of competitive solicitation opportunities and docum ent fulfillm ent, including the issuance of any addendum to this 1TB . Any pro spective Bidder w ho has received this 1TB by any means other than thro ugh P ublicP urchase must register im m ediately with Pub licP urchase to assure it receives any addendum issued to this 1TB . Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPO SE. For appro xim ately two years, the City of Miam i Beach has utilized com petitively awarded contracts from other municipalities to procure the rental of pum ps and related item s. The purpose of this bid is to establish a contract, by means of sealed bids, with a qualified firm(s) to provide the rental, delivery and pick up of pum ps and related items on an "as needed" basis as specified herein. The City budgets $272 ,000.00 annually fo r the serv ices, however there is no guarantee that the City will utilize all of the funds appropriated. It is the City's intent to award this contra ct as a push button contract. Push button contracts pro vide the means of quickly responding to critical needs via a com petitively solicited indefinite quantity contract. W hen item s are needed, the requesting department will select the awarded vendor that has the best pricing and availability for the sum of the item s needed fo r the particular need identified, on a case by case basis. The City will endeavor to utilize vendors in order of cost for fo r the particular need identified. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in com pliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 3. SOL ICITATION TIMETABLE. The tentative schedule for this solicitation is as fo llows: 1TB Issued August 23, 2019 Pre-Bi d Meeting Septem ber 4, 2019 @ 9:00AM Deadline for Receipt of Q uestions September 13, 2019 @ 5:00PM Responses Due Septem ber 24, 2019 @ 3.00PM Tentative Com m ission Appro val Authorizing Award Decemb er 2019 4. PROCUREMENT CONTACT. Any questions or clarifications concern ing this solicitation shall be subm itted to the Pro cure m ent Contact noted below: 3 The Bid title/n umb er sh all be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calen dar days prior to the date proposals are due as scheduled in Section 0200-3. AII responses to question s/cl arification s will be sent to all pro spective Proposers in the form of an addendum. 4. PRE-BID MEETING OR SITE VISIT(S). Only if deem ed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Aven ue, 34 Flo or Miam i Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory . Pro posers intere sted in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHO NE NUM BER: 1-877 -873-8018 (Toll-free North America) (2) Enter the MEETING NUM BER: 6312925 Pro posers who are interested in participating via telephone should send an e-mail to the contact person listed in this 1TB expressing their intent to participate via telephone. 5. PRE-BID INTERPRETATIO NS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). O nly questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through Pub lic Purch ase. 6. CO NE O F SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recom mendation has been forw arded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://librarv.municode.com /index.aspx?clientlD= 13097 &state1D=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception com m unications with the Pro curement Director, or his/h er administrative staff responsible for administering the pro curem ent pro cess fo r this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Com m unications regarding this solicitation are to be submitted in writing to the Procurem ent Contact named herein with a copy to the City Clerk at rafaelgranado@ miamibeachfl.gov. 7. SPECIAL NO TICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://www. mi am i beach fl. gov /citv-h all/pro cu rem en Up roc u remen t-related-o rd i nan ce-and-procedures/ • CONE OF SILENCE. • PROTEST PROCEDURES CITY CODE SECTION 2-486 CITY CODE SECTION 2-371 • D E B A RM E N T P R O CE ED I N G S ................o • L OB B YI S T RE GI S TR A TI ON AN D DI S CL O S UR E OF F EE S ........ • C A M P A IG N C O N TR IB U T IO N S B Y V E N D O R S • C A M P A IG N C O N TR IB U T IO N S B Y L O B B Y IS T S O N P R O C U R E M E N T IS S UE S.. • R E Q UI REM EN T F OR CI T Y C ON TR A C T OR S T O PR O VI DE E Q U AL 3E N E F I T S F OR D OM E S TI C PARTNER S. • L[/ING AGE REQUIREMENT.........................~ • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CON7CLLED VETERANS AN TO STATE.CR TF!ED SRVCE- CiTY CODE SECTIONS 2397 THROUGH 2-485.3 CITY CODE SECTIONS 2.-481 THROUGH 2-406 CITY CODE SECTION 2-487 CITY CODE SECTION 2-488 CI CODE SECTION 2-373 GIT¥ COE SEC TIONS 2 407 THROUGH 2 440 DISABLED VETERAN 3USINESS ENTERPRISES.. CITY CODE SECTION 2-374 FALSE CLAIMS ORDINANCE..- ................. CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS, FAVORS & SERVICES.... CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before subm itting a Bid, to: • • • • • • Examine the solicitation thoroughly. Visit the site or structure, as applicable, to become fam iliar with conditions that may affect costs, pro gress, performance or furn ishing of the W ork. Take into account federal, state and local (City and Miam i-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furn ishing of the Work, or award. Study and carefully correlate Bidder's observ ations with the solicitation. Notify the Pro curement Director of all conflicts, erro rs or discrepancies in the solicitation of which Bidder knows or reasonably should have known. The subm ission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has com plied with the above requirements and that without exception, the Bid is prem ised upon performing and furn ishing the W ork required by the solicitation and that the solicitation docum ents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions fo r performance and furn ishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. The City reserv es the right to postpone the deadline for subm ittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all pro spective Bidders through P ublícP urchase. 10. PROTESTS. Pro tests concern ing the specifications, require ments, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes pro cedures fo r pro tested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 sh all be barred. 11. JOINT VENTURES. Joint Ventures are not allowed. The City will only contract with the prime contractor. Proposals may, however, identify other sub-contractors or sub-consultants to the prime contractor. 12. VETE RA N BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, th e City shall give a preference to a responsive and responsible bidder which is a small business concern owned and contro lled by a veteran(s) or which is a serv ice-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by pro viding such bidder an opportunity of pro viding said goods or contractual serv ices fo r the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a sm all business concern owned and controlled by a veteran(s) or a serv ice-disabled veteran business enterprise constitute the lowest bid pursuant to an 1TB or oral or written request fo r quotation, and such bids are responsive, responsible and otherw ise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified, without delay or interference. • The character, integrity, reputation, judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 15. MULTIPLE AWARD. The City may award multiple vendors that can be considered, on a case by case (push button) basis, for future work. The City will endeavor to utilize the vendor providing the best cost for the particular need, on a case by case basis. However, the City may utilize other vendors in the event that 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. Bidder acknowledges and agrees that this Contract and the award of any work hereunder, is non-exclusive, and the City may, at its sole and absolute discretion, award similar services or work to other firms under contract with the City (either as a co-primary contractor, or as secondary or tertiary contractors). No Purchase Order shall be issued to Contractor, and no work or Services shall be authorized under this Agreement, except at City's sole discretion. Contractor shall have no entitlement to perform any services hereunder, or to be compensated for any Services, unless set forth in a written Purchase Order. 16. BINDING CONTRACT. The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission, or as delegated by the City Commission. Said award shall constitute a binding Contract between the City and the awarded bidder(s). In case of default on the part of the successful bidder, after said award, the City may take such action as it deems appropriate, including legal action, for damages or specific performance. The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or serv ices awarded from state or other govern m ental contra ct, or on an as-needed basis through the City's spot market purchase pro visions. 18. G EN ERA L TER M S A N D C O N D IT IO N S . It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirem ents, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accep ted as a basis for varying the requirements of the City, or the comp en sation to be paid to the Bidder. 19. A C CE PTAN C E O R R E JEC T IO N O F B ID S . The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred tw enty ( 120) calendar days after bid opening date. A Bidder may not withdraw its bid unilatera lly nor change the Contract Price befo re the expiration of one hundre d and tw enty (120) calendar days from the date of bid opening. A Bidder may w ithdraw its bid after the expiration of one hundred tw enty (120) calendar days from the date of bid opening by delivering w ritten notice of w ithdrawal to the Procurem ent Department prior to award of the Bid by the Mayor and City Com m ission. 20. A LT E R N A TE R ESPO N S ES M A Y B E C O N SID ER E D . The City may consider one (1) altern ate response from the same Bidder fo r the sam e formal solicitation; provided, that the altern ate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall com plete a separate Price Sheet form and shall mark "Altern ate Respon s e". Altern ate response shall be placed in the sam e response. This pro vision only applies to fo rmal solicitations fo r the pro curem ent of goods, serv ices, item s, equipm ent, materials, and/or supplies. 21. A M ER IC A N W IT H D IS A B ILI T IES A C T . To request this material in accessible fo rmat, sign language interpreters, info rmation on access fo r persons w ith disabilities, and/or any accom m odation to review any docum ent or participate in an y city -spon sore d pro ceedin g, please conta ct 305-604-2489 (voice), 305-6 73-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your re quest. TT Y users may also call 711 (Florida Relay Serv ice). 22. N O N -D ISC R IM IN A T IO N . The Proposer certifies that it is in com pliance with the non-discrim ination clause contained in Section 202, Executive Or der 11246, as amended by Executive O rder 11375, relative to equal employment opportunity fo r all persons w ithout regard to race, color, religion, sex or national origin. In accordance w ith the C ity's Hum an Rights O rdinance, codified in Chapter 62 of the City Code, Pro poser shall pro hibit discrim ination by reason of ra ce, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and fam ilial status, and age or disability. 23. A SS IG N M EN T . The successful bidder shall not assign, transfer, convey, sublet or otherw ise dispose of the contract, including any or all of its right, title or iriterest there in, or his/her or its power to execute such contract, to any person, com pany or corpora tion, w ithout the prior w ritten consent of the City. 24. A U D IT R IG H T S A N D R EC O R D S R E T EN T IO N . The Successful Bidder agrees to provide access at all reasonable tim es to the C ity, or to any of its duly authorized representatives, to any books, docum ents, papers and re cords of Contractor w hich are directly pertinent to this fo rmal solicitation, fo r the purpose of audit, exam ination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, docum ents, papers and records pertinent to the Contract fo r three (3) years after the City makes final payment and all other pending matters are closed. Contra ctor's failure to or refusal to com ply with this condition shall result in the im m ediate cancellation of this contract by the City. 25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be subm itted with the bid in the am ount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to subm it a performance bond and certificate of insurance in the amount specified in the Special Conditions. 26. BILLING INSTRUCTIONS. Inv oices, unless otherwise indi c at ed, must sh ow purchase ord er numb ers and shall be subm itted to the ordering City department. 27. CAN CELLA TION . In the event any of the pro visions of this Bid are violated by the bidder, the City shall give w ritten notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, thro ugh its City Manager, may declare the contract in default and terminate sam e, without further notice required to the bidder. Notwithstanding the preceding, the City , through its City Manager, also reserv es 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 w ritten notice to the bidder. 28. CITY'S RIGHT TO WAIVE OR' REJECT BIDS. The City Com m ission reserves the right to waive any info rmalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miam i Beach. 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid docum ents, or any part thereof, the bidder must submit to the City, at least seven (7) calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without lim itation, responses to questions and request fo r clarification(s) from bidders, w ill be m ade 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 bidder shall be required to acknowledge receipt of any and all Addendum , and filling in and signing in the spaces provided in Appendix A, No. 14 Ackno wl edgem en t of Addendum . Failure to acknowledge Addendum may deem a bid non-responsive. The C ity w ill not be responsible fo r explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via fo rmal written Addendum to this Bid. Any questions or clarifications concern ing the Bid shall be submitted in writing to the Procurem ent Departm ent, 1755 Meridian Aven ue, 34 Flo or, Miami Beach, FL 33139 with a cop y to the City Clerk. 30. COLLUSION. Where two (2) or more related parties each subm it a bid or bids for any contract, such bids or bids shall be presum ed to be collusive. The fo regoing presum ption may be rebutted by presentation of evidence as to the extent of ownership, contro l and managem ent of such related parties in the preparation and subm ittal of such bid or bids. "R elated parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder fo r the sam e contract, or in which a parent com pany or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder fo r the same contract. Bid or bids found to be collusive shall be rejected. Bidders w ho have been fo und to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be term inated fo r cause. 31. C O N D IT IO N A ND PA CKA G ING . Bidder guara ntees items offered and delivered to be the current standard pro duction model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defe cts in material, packaging and workm anship and agrees to replace defective item s pro m ptly at no charge to the City of Miam i Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 month s from date of acceptance. All contai n ers shall be sui tab le for storage or shipmen t, an d all prices shall incl ude stan d ard commer ci al packaging. 32. C O N TR A C T EXTENSIO N. The City reserves the right to require the Contractor to extend contract past the stated term ination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. D ELI V ER Y . Unless actual date of delivery is specified (or if specified delivery cannot be met), show num ber of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis fo r making an award. Delivery shall be within the normal working hours of the City using Departm ent, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M . to 4:00 P.M . 34. DELIVERY TIM E . Bidders shall specify in the attached Bid Form , the guaranteed delivery tim e (in calendar days) fo r each item . It must be a firm delivery tim e; no ranges (For example, 12-14 days) will be accepted. 35. D E M O N STR A TIO N O F C O M P E T ENC Y. A . Pre-aw ard inspection of the bidder's facility may be made prior to the award of contract. B . Bids w ill only be considered from fir ms which are regularly engaged in the business of pro viding the goods and/or serv ices as described in this Bid. C . Bidders must be able to dem onstrate a good record of performance for a reasonable period of tim e, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the serv ices if awarded a contract under the term s and conditions of this Bid. D . the terms "equipment an d organization", as used herein shall, be construed to mean a fully equipped and well established com pany in line with the best business practices in the industry, and as determined by the City of Miam i Beach. E . The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past perform ance (experience), in making an award that is in the best interest of the City. F. The City may require bidders 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 info rmation from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflict s between info rmation pro vided by the source of supply and the info rm ation contained in the bidder's bid may render the bid non-responsive. G . The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's perform ance on contracts awarded to it by the City, the City may place said contracts on pro bationary status and im plem ent termination pro cedures if the City determ ines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstra tion of com petency required under this subsection. 36. D IS PU T E S. In the event of a conflict between the Bid docum ents, the order of priority of the documents shall be as fo llows: A. Any contract or agreem ent resulting from the award of this Bid; then B. Addendum issued fo r this Bid, with the latest Addendum taking precedence; then C. The Bid; then D. The bid der's bid in respon se to the Bid In case of any doubt or differe nce of opinion as Jo the items an d/or services (as the case may be) to be furn ished hereunder, the decision of the City shall be final and binding on all parties. 37. N O T U S ED . 38. D EFA U LT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated dam ages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds fo r re m oving the bidder from the City's bidders list. 39. EQ U IVA LE N TS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipm ent/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and num ber if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified item s offered requires com plete descriptive technical literature marked to indicate detailed confo rmance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CO NSIDERED W ITH O UT TH IS IN FO RMA TIO N . THE CITY SHALL BE THE SO LE JUDG E O F EQ UALITY AND ITS DECISIO N SHALL BE FINAL. Note as to Brand Nam es: Catalog num bers, manufact urers' and brand nam es, when listed, are info rmational guides as to a standard of acceptable pro duct quality level only and should not be construed as an endorsement or a pro duct lim itation of recognized and legitim ate manufacturers. Bidders shall fo rmally substantiate and verify that pro duct(s) offered confo rm with or exceed quality as listed in the specifications. 40. ELI M IN A T IO N FRO M C O N S ID ERA TIO N. This bid shall not be awarded to any person or firm who is in arrears to the C ity upon any debt, taxes, or contracts which are defaulted as surety or otherw ise upon any obligation to the City. 41. EM E R G E N C Y R ES PO N S E PR IO R ITY . It is hereby made a part of this solicitation that befo re, during, and after a public em ergency, disaster, hurricane, tornado, flood, or other acts of fo rce majeure that the City of Miam i Beach, Florida shall receive a "First Priority" for any goods and serv ices covered under any award re sulting from this solicitation, including balance of line item s as applicable. It is vital and im pera tive that the majority of citizens are pro tected from any em ergency situation that threatens public health and safety, as determined by the City. By virtue of subm itting a response to this solicitation, vendor agre es to provide all award-related goods and serv ices to the City on a "fir st priority" under the emergency conditions noted above. 42. E ST IM A TED Q U A N T IT IES . Estim ated quantities or estim ated dollars, if pro vided, are fo r City guidance only. No guarantee is expressed or im plied 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 Bid. Estim ates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates fo r purposes of determining whether the low bidder meets specifications. 43. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid 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 bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 44. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid 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 bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance 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 perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records 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 records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents 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 Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder 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, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 49. INSPECTIO N, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise pro vided. Title to (or risk of loss or dam age to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or dam age results from the gross negligence or willful misconduct of the City. If any equipm ent or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserv es the right to cancel the order upon written notice to the seller, and return the product, at the bidder's exp ense. 50. LAW S. PERM ITS AND REG ULATIO NS. The bidder shall obtain and pay for all licenses, permits, and inspection fees re quired under the contract; and shall com ply with all Applicable Laws. 51. LEGAL REQ UIREM ENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miam i Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the item s covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause fo r relief from responsibility. 52. LIABILITY, INSURANCE, LI CENSES AND PERM ITS. Where bidders are required to enter or go on to City of Miam i Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work com plies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, em ployees, contractors, and/or agents, for failure to comply with Applicable Laws. 53. MANNER O F PERFO RMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the serv ices pro vided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encom passed within their designated duties. Bidder agrees to furnish to the City any and all docum entation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications require d by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to com ply with this paragraph shall constitute a material breach of this contract. 54. MISTAKES. Bidders are expected to exam ine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and serv ices. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 55. MO DIFICATIO N/W ITHDRA W ALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously subm itted bid up until the bid due date and time. Modifications received after the bid due date and time will NO T be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and befo re said expiration date and letters of withdrawal received after contract award will NOT be con sidered. 56. NO N-CO NFO RMANCE TO CO NTRACT CO NDITIONS. Items may be tested for compliance with specifications. Item s delivere d, not conforming to specifications, may be rejected and returned at the bidder's expense. These item s, as well as item s not delivered as per delivery date in bid 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 bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 57. O PTI O N A L C O NT RAC T USA GE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 58. O SHA . The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shal l 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 breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 59. PA TE N T S & R OY A LT IES . The bidder shall indemnify and save harmless 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 for, or on account of, any copyrighted, patented, or un patented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 60. PA Y M ENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 61. PRIC ES QUO T ED . Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid 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 bid(s). 62. P ROD UC T IN FO R M A TI O N . Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. 63. RE A S O N A B L E A C C O M M O D ATIO N. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 64. SA M P LES. Bids 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 returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Department, 1755 Meridian Avenue, 34 Floor, Miami Beach, FL 33139. 65. SP EC IA L C O ND ITIO NS . Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 66. S PO T MA R K ET PU RC H A S ES . It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. 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. 67. SUBS T ITU T IO NS . After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written appro val. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be return ed at the bidder's expense. 68. TA XE S . The City of Miam i Beach is exem pt from all Federal Excise and State taxes. 69. TIE B ID S . In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certify ing that they have implem ented a drug free work place pro gram. A certification form will be re quired. In the event of a continued tie between two or more bidders after consideration of the drug free workplace pro gram , 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 bidders that are not Local or Veteran, the bre aking of the tie shall be at the City Manager's discretion, which will make a recom mendation for award to the City Commission. 70. TER M IN A T IO N FO R D E FA ULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid 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 remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written term ination notice. In that event, the City shall com pensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder fo r the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determ ined. The City may, at its discretion, pro vide reasonable "cure period" for any contractual violation prior to termination of the contract; should the successful bidder 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 terminate the contract for cause in accordance with this subsection 1.57. 71. TER M IN A TIO N FO R C O N V ENIEN CE OF C ITY. The City may, for its convenience, termínate the work and/or serv ices then rem aining to be performed, at any tim e, by giving written notice to the successful bidder of such term ination, which shall become effective thirty (30) days fo llowing receipt by bidder of such notice. In that event, all finished or unfinished docum ents and other materials shall be pro perly delivered to the City. If the contract is term inated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract fo r all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assem bling and delivering to City all documents. No com pensation shall be due to the successful bidder for any pro fits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 72. ADDITIO NAL ITEM S / SERVICES. Although this solicitation and resultant contract identifies specific goods, serv ices or facilities ("item s"), it is hereby agreed and understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and required to complete the work. W hen additional item s are required to be added to the Contract, awarded ven dor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for the additional items. If these quote(s) are determined to be fair an d reasonab le, then the additional item s will be awarded to the current contract vendor(s) through either a Purchase Order (or Change Order if Purchase Order already exists) or an amendment to the Contract. Additional item s with a cum ulative value of $50,000 or less may be approved by the City Manager. City Com m ission appro val is required fo r additional item s with a cumulative value greater than $50,000. The City m ay determ ine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] SECTION 0300 BID SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or befo re the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic fo rmat (C D or USB fo rmat) are to be subm itted, w ith the original subm ission or within three (3) calendar days upon request from the City. The fo llowing info rm ation should be clearly marked on the face of the envelope or container in which the bid is submitted:. Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electro nically, either thro ugh email or facsim ile, are not acceptable and will be rejected. 2. BID PRO PO SAL. The Bid Proposal is to include the following: • TAB 1-- Cost Proposal Form (Appendix E). The Cost Pro posal Form (A ppendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms subm itted in pencil shall be deemed non- responsive. All corrections on the Cost Pro posal Form shall be initialed. • TAB 2 • Bid Certification, Questionnaire and Affidavits (Appendix A). The C ity reserv es the right to request any docum entation om itt ed, w ith exception of the Cost Proposal Form (Appendix E), Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A), and Bid Bond (if applicable). Bid Submittals received that do not include the Cost Proposal Form, completed as required and fully executed, or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any omitted documentation within three [3)business days upon request from the Sty, or the bid may be deemed non- responsive. Non-responsive bid packages will receive no further consideration. 3. LATE BID S. Bid Pro posals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherw ise. ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F l I Insurance Requirements 2019-156-DF For the Rental of Pumps and Related Items PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3d Floor Miami Beach, Florida 33139 MI cul E XXX 3. 4. XXX5. 6. INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. Excess Liability- $. .00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. Other Insurance as indicated: Builders Fisk completed value liquor Liability Fire Legal Liability Protection and Indemnity Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 xxx 7. XXX8. xxx 9. Thirty (30) days written cancellation notice required. Best's guide rating 8+:VI or better, latest edition. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. A TT A C H M E N T C C O N S U L T A N T S R E S P O N S E T O T H E (IT B) D etail by FE I/E IN N um ber Page 1 of 2 Florida Department of State DIVISION OF CORPORATIONS » ,sv et .org .+·)12 IO Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by FEI/EIN Number Foreign Profit Corporation XYLEM DEWATERING SOLUTIONS, INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address F03000000062 22-2138498 01/03/2003 NJ ACTIVE NAME CHANGE AMENDMENT 01/17/2012 NONE 84 FLOODGATE ROAD BRIDGEPORT, NJ 08014 Changed: 08/30/2013 Mailing Address 1 International Drive Rye Brook, NY 10573 Changed: 03/01/2016 Registered Agent Name & Address CT CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Officer/Director Detail Name & Address Title VP, Treasurer, Director McGeever, Michael 1 International Drive Rye Brook, NY 10573 Title President, Director Delzingaro, Michael http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 3/9/2020 Detail by FEI/E IN Number Page 2 of 2 84 Floodgate Road Bridgeport, NJ 08014 Title VP, Secretary, Director BILELIS, PETER 1 International Drive Rye Brook, NY 10573 Annual Reports Report Year 2018 2019 2020 Filed Date I 04/30/2018 04/03/2019 02/20/2020 Document Images 02/20/2020 -- ANNUAL REPORT 04/03/2019 -- ANNUAL REPORT 04/30/2018 --ANNUAL REPORT 01/06/2017 --ANNUAL REPORT 03/01/2016 --ANNUAL REPORT 04/30/2015 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 04/23/2014 -- ANNUAL REPORT 08/30/2013 -- AMENDED ANNUAL REPORT I E, 08/29/2013 --ANNUAL REPORT View image in PDF format View image in PDF format 05/10/2012 --ANNUAL REPORT 01/17/2012 -- Name Change 09/28/2011 -- REINSTATEMENT 03/24/2010 --ANNUAL REPORT 01/20/2009 --ANNUAL REPORT 05/08/2008 --ANNUAL REPORT 02/23/2007 -- ANNUAL REPORT 02/15/2006 --ANNUAL REPORT 02/1 1/2005 -- ANNUAL REPORT 01/13/2004 --ANNUAL REPORT 01/03/2003-- Foreign Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu ... 3/9/2020 N am e H istory Page 1 of 1 Florida Department of State DIVISION OF CORPORATIONS • .org Department of State Division of Corporations Search Records / Return to Detail Screen / Return to Detail Screen Events XYLEM DEWATERING SOLUTIONS, INC. Document Number F03000000062 Date Filed 01/03/2003 Effective Date None Status Active Event Type Filed Effective Description NAME CHANGE AMENDMENT Date Date 01/17/2012 OLD NAME WAS : GODWIN PUMPS OF AMERICA, INC. Return to Detail Screen Florida Department of State, Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/NameHistory?aggregateld=forp-103000... 3/9/2020 A P P EN DI X "A" Proposal Certification, Questionnaire & Requirements Affidavit 2019-156-DF For the Rental of Pumps and Related ltems PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 11 2019-156DÉ 17 S ol ici tat i on N o: S ol ici tat ion Ti tl e: 2019-156-DF For the Rental of Pumps and Related Items Procurement Contact: Tel: I Email: Danny Flores 305-673-7000 x26652 dannyflores@miamibeachfi.qov 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 th at must be sub mi tte d fully comp l et ed and executed. 1. General Proposer Information. FIRM NAME: Xylem Dewatering Solutions, Inc. NO. OF YEARS IN BUSINESS: 42 [ OF YEARS MN BUSINESS Oc. [ Ng, Or EMPLOYEES:. 800 97j /Ng) PROPOSER HAS OPERATED UNDOER IN THE AST 1O YEARS. Go'win 'umps RER9$y 9RF,$ a0sreRs» 84 toodgate Ra. fhiaeeport STATE. [70 CODE 08014 New Jersey TELEPHONE NO.: 856-467-3636 TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: 1201 NW I8th St CITY: Pompano Beach STATE: [ 0 cooe 33069 Florida PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Zacharv Groner ACCOUNT REP TELEPHONE NO.: 305-9062811 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL. zachary.groner@xyleminc.com FEDERAL. TAX IDENTIFICATION NO.: 22-2138498 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. ct 18 1. Veteran Owned Business¡ Is Proroser claiming a veteran owned business status? vs [X Io 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. 2. Financial Capacity. When requested by the City, each Proposer sh all arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SOR) directly to th e Procurement Contact nam ed herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SOR shall be the responsibility of the Proposer. The Proposer shall request the SOR report from D&B at https:l/supplier portal.dnb.com/webapp/wcs/stores/serylet/SupplierPortar?storeld=11696 Proposers are responsible for the accuracy of the inform ation contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of th e SOR submittal process, contact Dun & Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or wi thin three (3) days of request. 3. Conflict Of Interest. AI I 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 th e 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. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or imm ediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also 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 4. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Em ail and 6) Narrative on Scope of Services Provided. 5. Suspen sion , Deb arm ent or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation , or had a contract cancelled due toi non-p¡normance by any public sector agency? YE s LX ]NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer sh all submit a statement detailing the reasons that led to action(s). 6. Vend or Camp aign Contributions. Proposers are expected to be or become familiar with , the City's Campaign Finance Refor m 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 th eir Prop osals, 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 solicitation. 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 Mi am i Beach. 7. Code of Business Ethi cs. 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 Department with its proposal/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 http://yy.miamibeach.goycity- hall/procurement/procurement-related-ordinance- and-procedures/ 8 . Li vin g 'a ge. Pursuant- to Section 2 408 of-the Gity of Miami Beach Gode, as same may be amended from time to time, covered employees shall be paid- the required living wage rates listed below: 4. Effective January 1, 2018, covered employees must be paid a living w age rate of no less than $14.62 per-hour with health care-benefits of at least $2.26-per hour, or a living wage-rate of no less than $13.88 per ho ur with out health care benefits. 2.- Effective January 4, 2019, covered employees must be paid a living wage rate of no-less than $11.70 per hour with health care benefits of at -least $2.74 per hour, or a living wage rate of no- loss than $14,44 per -ho ur without health car e benefits. 3. Effective January 1,2020, covered employees must be paid a living wage rate of no less than $14.78 per hour with health care benefits of at least $3.22 per-hour, or a living wage rate of no less than$15,00-per hour without health care ben efits, The living wage rate an d 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) Mi ami/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- tho living wage rate in-any- particular year, if it determines it would not be fiscally sound to implement same- (in a particular ye ar) Proposers'failure to com ply with thi s provision-shall be deemed a material b reach un der this proposal, 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 'age- Ordinance, as- amended. Further information on-the-Living age requirement is available at http:/hwy.miamibeach fl.gov/oity hall/procurement/procurement related ordinance and procedures± SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit docum ent, Proposer agrees to the-living wage requirement. ny- payroll request made by the City durin g the contract term shall be completed electronically via the City's electronic compliance portal, LCP Tracker (LCPTracker.net} 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partner s. 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 proposals, 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? X Jres [ Jo 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? Jes [ Jo 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 dom estic 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 X X Sick Leave X X Family Medical Leave X Bereavement Leave X 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 http:/w.miamibeachfl.gov/city-hall/procurement/procurement-related- ordinance-and. procedures/ !Wiii#M.l"T~ ! ..... t!iW.. IT2 19156DR #onot wee ##8e #vs9.0.8 20 10. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time 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 proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, 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 proposals, 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 in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUB MITT AL 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. 11. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. SUB MITT AL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITT AL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("F air Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUB MITT AL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. 14. 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 e-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 addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt BI Addendum 1 Addendum 6 Addendum 11 BI Addendum 2 Addendum 7 Addendum 12 BT Addendum 3 Addendum 8 Addendum 13 RI Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. 1TB 2019-156DF 21 DISCLOSURE AND DISCL AI ME R SECTION ea 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 solicitation, 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 solicitation, 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 lo 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. II is the responsibility of the recipient to assure itself th at 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 solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation 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 proposal 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 investigation 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 solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the Ci ty any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liabilíty 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 solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. #4 22 I her eb y cer ti fy th at : 1, a s an a ut h or ize d a g en t of th e Prop o ser , am sub m i ttin g th e fol lo wi n g information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, 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 solicitation, 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 Re uirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Propo ser's Auth oriz ed Represen tative: Branch Manager Date. 9/24/19 1TB 20 19-156 0F 23 A P P E N D IX E C o st P ro p o sa l Fo rm 2019-156-DF For the Rental of Pumps and Related Items PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3d Floor Miami Beach , Florida 33139 ##iii#te 33 A P PE N DI X E CO ST PRO PO SA L FO R M EEHERR Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this 1TB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) com pleted in pen cil shall be deemed non -respon sive. All corrections on the Cost Proposal Form (Appendix E) shall be initialed. GROUP 1-PUMP RENTAL - Prices bid shall include all applicable fees (insurance, environmental recovery fees, maintenance, etc. 4 CD1 OOM CS RGT $ 156.00 $ 156.00 $ 468.00 $ 1404.00 2 4" Hiah Head $ 447.00 $ 447.00 $ 1.341.00 $ 4,023.00 3 6° $ 258.75 $ 258.75 $ 776.25 $ 2,328.75 4 6" Hi h Head $ 579.75 $ 579.75 $ 1,739.25 $ 5217.75 5 8' $ 347.25 347.25 $ 1,041.75 $ 3,125.25 6 8" Hiuh Head $ 778.50 $ 778.50 $ 2 335.50 $ 7 006.50 7 10" $ 437.25 $ 437.25 $ 1,311.75 $ 3,935.25 8 10" Hiah Head $ 778.50 $ 778.50 $ 2,335.50 $ 7,006.50 9 12" $ 513.00 $ 513.00 $ 1539.00 $ 4,617.00 10 12" Hiah Head $ 945.00 $ 945.00 $ 2,835.00 $ 8 505.00 GROUP 2 - RENTAL OF RELATED ITEMS - Prices bid shall include all applicable fees (insurance, environmental recovery fees, maintenance, etc . 4" 20' Section $ 12.60 s 12.60 37.80 113.40 6" 10' Section $ 11.40 $ 11.40 $ 34.20 $ 102.60 14 6" 20' Section s 17.40 $ 17.40 $ 52.20 $ 156.60 15 8" 10' Section $ 19.80 $ 19.80 $ 59.40 $ 178.20 16 8 20' Section $ 31.20 $ 31.20 $ 93.60 $ 280.80 17 10" 10' Section 24.00 $ 24.00 $ 72.00 $ 216.00 18 10" 20' Section 46.80 $ 46.80 $ 140.40 $ 421.20 19 12' 10' Section 31 o $ 31.80 95.40 286.20 20 12" 20' Section GROUP 2B - Suction End Protection screen (st 21 4" T UT TS77 34 e gg33 2 Item Description Hourly Rate Dail Rate Weekly Rate Monthly Rate s i id 22 6' $ 4.80 $ 4.80 $ 14.40 $ 43.20 23 8" $ 5.40 $ 5.40 $ 16.20 $ 48.60 24 10" $ 7.80 $ 7.80 $ 23.40 $ 70.20 25 12" $ 8.40 $ 8.40 $ 25.20 $ 75.60 GROUP 2C - Tee Float Section End • . 1 o 4 •· . .. 26 4" $ 4.20 $ 4.20 $ 12.60 $ 37.80 27 6" $ 4.80 $ 4.80 S 14.40 $ 43.20 28 8" $ 5.40 $ 5.40 $ 16.20 $ 48.60 29 10" $ 7.80 $ 7.80 $ 23.40 $ 70.20 30 12" $ 8.40 $ 8.40 $ 25.20 $ 75.60 _,,, . ,·.. • ' . /,··:.'.-· . . ,:", . :~,, '. • . .<' ', ·,~:\'..• . . , ....... ' i9% GRO UP 2D - Pol yprop yl en e Di sch arge H ose (up to 150 psi) - s2£5 31 4" 10' Section $ 15.00 $ 15.00 $ 22.50 $ 45.00 32 4" 20' Section $ 30.00 $ 30.00 $ 60.00 $ 90.00 33 6" 10' Section $ 18.30 $ 18.30 $ 27.50 $ 55.00 34 6" 20' Section $ 36 66 $ 36.66 $ 55.00 $ 110.00 35 8" 10 Section $ 21.66 $ 21.66 $ 32.50 $ 65.00 36 8° 20 Section $ 43.33 $ 43.33 $ 65.00 $ 65.00 37 10" 10' Section $ 25.00 $ 25.00 $ 25.00 $ 75.00 38 10" 20' Section $ 50.00 $ 50.00 $ 75.00 $ 150.00 39 12" 10' Section $ 28.33 $ 28.33 $ 42.50 $ 85.00 40 12" 20' Section $ 56.60 $ 56.60 $ 85.00 $ 170.00 GROUP 2E - Layflat Hose ·# , - •' 41 4" 50' Section $ 12.60 $ 12.60 $ 37.80 $ 113.40 42 4" 100' Section $ 24.60 $ 24.60 $ 73.80 $ 221.40 43 6" 50' Section $ 20.40 $ 20.40 $ 61.20 $ 183.60 44 6" 100' Section $ 39.00 $ 39.00 $ 117.00 $ 351.00 45 8" 50' Section $ 49.80 $ 49.80 $ 149.40 $ 448.20 46 8"100' Section $ 93.00 $ 93.00 $ 279.00 $ 837.00 47 10" 50' Section $ NIA $ NA $ NIA $ N/A 48 10" 100' Section $ NIA $ NIA $ NIA $ NIA 49 12" 50' Section $ 79.80 $ 79.80 $ 239.40 $ 718.20 50 12" 100' Section $ N IA $ N/A $ NIA $ NIA " to- 3gig, "gs±- egg,@.gut gs % » ... . GROUP 2F- yle H ard Pipe with Lockin Connections ... + ± 51 410' Section $ 5.40 $ 5.40 $ 16.20 $ 48.60 52 4" 20' Section $ 6.60 $ 6.60 $ 19.80 $ 59.40 . 53 6" 10' Section $ 6.00 $ 6.00 $ 18.00 $ 54.00 54 6" 20' Section $ 13.00 $ 13.00 $ 39.00 $ 117.00 55 8" 10' Section $ 6.60 $ 6.60 $ 19.80 $ 59.40 56 8" 20' Section $ 11.40 $ 11.40 $ 34.20 $ 102.60 57 10" 10' Section S 6.60 s 6.60 $ 19.80 $ 59.40 1 357,1Gor e 35 ±$% En Sis, #@. 1$#of: 439e« t 9,% ne» #Mer gage perte,y Item Description' Hourly Rate Daily Rate Weekly Rate Monthly Rate 58 10" 20' Section $ NIA $ NIA $ NIA $ NIA 59 12" 10' Section $ 7.20 $ 7.20 $ 21.60 $ 64.80 60 12" 20' Section $ NIA $ NIA $ N/A $ N/A GROUP 2G- 45 Degree Bend/EIbo 22a ' ii i htdo is e@ e ' ses ',,. i 61 4" $ 4.20 $ 4.20 $ 12.60 $ 37.80 62 6" $ 4.80 $ 4.80 $ 14.40 $ 43.20 63 8' $ 5.40 $ 5.40 $ 16.20 $ 48.60 64 10" $ 7.80 $ 7.80 $ 23.40 $ 70.20 65 12° $ 8.40 $ 8.40 $ 25.20 $ 75.60 GROUP 2H- 90 Dearee Ben@Elbow %i ,,, e ' ' o< •• s·, . M8 66 4" $ 4.20 $ 4.20 $ 12.60 $ 37.80 67 6° $ 4.80 $ 4.80 $ 14.40 $ 43.20 68 8° $ 5.40 $ 5.40 $ 16.20 $ 48.60 69 10" $ 7.80 $ 7.80 $ 23.40 $ 70.20 70 12" $ 8.40 $ 8.40 $ 25.20 $ 75.60 (_. . -, . ·,;:/ , ... '\ ... : ~-- %ad#i Me $ GROUP 2I- Bauer-Style Wye Connection 8 ££ A ' si ## sé # #$% #is# 71 4" $ 4.20 $ 4.20 $ 12.60 $ 37.80 72 6' $ 4.80 $ 4.80 $ 14.40 $ 43.20 73 8' $ 5.40 $ 5.40 $ 16.20 $ 48.60 74 10" $ 7.80 $ 7.80 $ 23.40 $ 70.20 75 12" $ 7.80 $ 7.80 $ 25.20 $ 75.60 GROUP 2J-Float Switch Level • m ' ' % # '" ',, ,> #±.9°, e 76 Float Switch Level Sensor $ 33.40 $ 33.40 $ 100.20 $ 300.60 GROUP 2K - Road/Hose Ramps '.;': · ¥ 2- ' •... ' ' 77 Road/Hose Ramps $ 40.20 $ 40.20 $ 120.60 $ 361.80 GROUP 2L -6" x 4" Connection Reducing Adapter ' ' 78 16" x 4'' Connection Reducing ·1 16.20 l, 16.20 I $ 24.30 l. 48.60 Adapter $ GROUP 3 - EMERG ENCY TECHNICAL SERVICES - Prices bid shal include all applicable fees (insurance, environm ental fees, maintenance, etc}. Item Erner enc Labor Rate Description Hou $110.00 Unit Cost GROUP 3 TOTAL rotar (Quantity_X_Unit.' $ 8 X 110.00 880.00 } Bidder's Affirmation company: Xvlem Dewateriny Solutions, Inc. TB '019 56DF Authorized Representative: Brent lackson Address: 1201 NW 18th St. , Pomano Bea 36 A C O R CERTIFICATE OF LIABILITY INSURANCE l DATÉ (MMIDDNYY) ..--" 10/24/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED B3Y THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provi si ons or be endorsed. If SUBROGATION IS WAIVED, subject to the terms an d condl tion s of the pollcy, certai n pollcles may requlre an endorsem ent. statem ent on this cert ificate does not confer rights to the certl ficate holder In lieu of such endorsem ent(s). PRODUCER CONTACT NAME: Marsh USA, Inc. PH ONE ... -- .. - ............ ---···· Is .. -- 1166 venue of the Americas (AIC, No,Ext ) ----···· .. "·---····· ii rn••--••• New York, Y 10036 E-MAIL ADDR ESS:. . , ....... _ ·---·--·· · ... · .... ·.·.· .. · .. 12~~t¡~# ..... ...... ,., .. ,------· INSURER(S) AFFO RDING COVER AGE ..... •- CN108453421-.SIND-GAWex-18-19 ......... -- .. ••••••••-'""""'''"•••-•••--"• ,INSuRGR A: ACE American Insurance Comp any . ········- ··-·- a __ ... ....... '• INSURED INSURER B_: ACE Fire Underwriters Is.Co._ ... 20702 Xylem Dewatering Solutions, Inc. . .. - .. ,---·-· ., .. . ······- a wholly-owned subsidiary of Xylem inc. suRR c : Jademiy Insurance Company ot North Aurnorica 43575 -·----· e 84 Floodgate Road IsuRER D: Allianz Global Risks US Insurance Compan y 35300 Bridgeport, NJ 08014 .... .. ---- .. ha i o INSURER E:_ •'••··---- .......... ,---· ... .,, . ····•··-·· a .... ·-··-··· INSURER F : COVERA GES CERTIFICATE NUMBER: NYC- 009603707.-12 REVISION NUMB3ER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. te#l rcorisosse ge tgge; crics 1t2$8,#6,1,4\$3,%,/ as D t X L~~MJ\1ERCIALGENERAL ~IABJLITY ! I USL00107118 111013112018 ¡ 1013112019 :;EA~~i~g~~t~---'. ~ - . - .... 1,000,000 ,_ lcLuus-MADE _'joccun' éiiissjc y $ 1,000,000 "il z±E? s l....-' r s l fr] POLICY=:] ~r&· e LOC ; : PRODUCTS -~~MP/OP AGG ' S :=·· \O(XL(X)O oreRe ' i [si.si,oo,o>, A ,l AUTOMOBILE UABILITY I II I ISA H25272754 1 íi,~~~i~J>l~GLE u~11.T ··t, ]Av Auro fl3 wuuv er person) ]oeo_ ]eçrguteo 'sooY nwsurY teer accdeny' '$.... L1$%e ',j ccii I ; IEE La-I' : .DEDO RETENTIONS • c :~~;~z~~;Je':s';~~i~~:r v I N , , 1 \WLR C65437065 {AOS) B 1/\NYPROPRIETOR/PARîNERIEXECUTIVE f.,7 i SCF C65A37107 (WI) l$%$%@%5£#$" ,"Y hsoorea.os 'DESCRIPTION OF OPERATIONS but0w ¡ ¡ I I i ; 1 10/31/2018 10/31/2019 I I ; I I I 'V/~IUUIU 110312019 10/31/2018 10/31/2019 10/31/2018 110/3112019 i I ! i DESCRIPTION OF OPERATIONS / LOCATIONS { VEHICLES {ACORD 101, Additlona! Romarks Schadulo, may bo attached it moro space ls roquired) City of Miami Beach is included as additional insured {except workers' compensation) where required by written contract. CERTIFICATE HOLDER City of Miami Beach, Florida SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1700 Canvenlion Center Drive THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEL.IVERED IN Miami Beach, FL 33139 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Lauran Giagrande con3n kßnqorwd. CANCELLATION ACORD 25 (2016/03) 1 988-2016 CORD CORPORATION. AII rights reserved. The ACORD name and logo are registered marks of ACORD Let's Solve Water godwin € 1201 NW 18" St reet Pompano Beach,FL 33069 Tel: 954-829-7741 www.godwinpumps.com Equal Benefits for Employees with Spouses & Employees with Domestic Partners Xylem off ers coverage to the fo llo w ing dependents of an eligible em ployee: • S po use, incl u d ing a co m m o n law sp o use • Sam e or op posite sex do m estic partner, and • C hild ren, incl u d ing naturally bo rn children, stepchildren, fo ster children, ad o pted child ren, and child ren the em p loyee is legally obligated to support. T he lim iting age fo r child ren is 26 un less disabled and totally dependent on the em p lo yee. Proof of eligibility is required for each dependent you enroll for coverage under Medical, Dental and/or Vision. Please provide a birth certificate for each child, a marriage certificate for spouse and/or documentation to support domestic partner or disabled child over age 26 eligibility. l Let's Solve Water godwin € Code of Business Ethics: 1201 NW 18" Street Pompano Beach,FL 33069 Tel: 954-829-7741 www.godwinpumps.com Xylem, Inc. has in place a policy for Code of Business Ethics complying with all applicable governmental rules and regulations including, but not limited to, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. l Let's Solve Water godwin 1201 NW 18" Street Pompano Beach,FL 33069 Tel: 954-829-7741 www.godwinpumps.com References & Past Performance Agency/Firm Name: Contact: City of Coconut Creek 4800 W. Copans Rd. Coconut Creek, FL 33063 Chad Hancock chancock@coconutcreek.net 954-973-6770 Agency/Firm Name: Contact: Toho Water Authority 951 Martin Luther King Blvd Kissimmee, FL 34741 Marshall Fisher mfisher@tohowater.com 407-944-5082 Agency/Firm Name: Contact: City of West Palm Beach 1045 Charlotte A ve. West Palm Beach, FL 33401 Richard Smith rksmith@wnb.org 561-822-2268 Agency/Firm Name: Martin County Utilities 2378 S. East Ocean Blvd. Stuart, FL 34996 Contact: Dan Crans dcrans@martin.fl.us 772-260-8352 l Let's Solve Water godwin o 1201 NW I8" Street Pompano Beach,FL 33069 Tel: 954-829-7741 www.godwinpumps.com Vendor Campaign Contributions At this time, Xylem Dewatering Solutions, Inc. does not have an owner, co ntro lling shareholder, director, officer, senior management level employee or agent that has contributed to the campaign of a candidate who has been elected to the Office of Mayor City Commissioner for the City of Miami Beach. L e t's S ol v e W a t er godwvin 1201 NW IS" St reet Pompano Beach,FL 33069 Tel: 954-829-7741 www.godwinpumps.com Conflict of Interest Disclosure A t this tim e, Xy lem D ew a tering S o lutio ns, In c. does not hav e any em p lo yees, or im m edia te fa m ily m em bers that are em p lo yed by the C ity of M iam i Beach.