Contract 2013-373-ITB-MF Ferguson Enterprises, Inc. MIAMIBEACH G�
6r-
CITY OF MIAMI BEACH 0
CERTIFICATION OF CONTRACT
TITLE: For the Purchas of Polymer Water Meter Boxes and Covers
(and Related Items)
CONTRACT NO.: 2013-373-ITB-MF
EFFECTIVE DATE(S): This Contract shall remain in effect for three (3) years from date of
Contract execution by the Mayor and City Clerk, and may be
renewed, at the sole discretion of the City, though it's City Manager,
for three (3) additional years, on a year-to-year basis, upon mutual
agreement between the two parties.
SUPERSEDES: N/A
CONTRACTOR(S): Ferguson Enterprises, Inc. (Primary)
ESTIMATED ANNUAL CONTRACT AMOUNT: N/A
A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the
City of Miami Beach, Florida, on January 15, 2014, for approval to award a contract,
upon execution between the City of Miami Beach, Florida, and Contractor.
B. EFFECT - This Contract is entered into to provide for the purchase of polymer water
meter boxes and covers pursuant to City Invitation to Bid No. 2013-373-ITB-MF and any
addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the
ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to
as the "Contract Documents").
C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in
accordance with the City of Miami Beach Department of Procurement Management
policies and procedures, at the prices indicated, exclusive of all Federal, State and local
taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number
2013-373-ITB-MF.
D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any
failure of Contractor's performance (or failure to perform) according to the requirements
of the Contract Documents to City of Miami Beach, Eric Carpenter, Public Works
Director at 305-673-7080.
E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as
required, which must be signed by a Registered Insurance Agent licensed in the State of
Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of
supplies and/or commencement of any services/work by Contractor.
F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein
shall be assigned, transferred, or encumbered by Contractor without the prior written
consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or
any portion of work and/or services required by the Contract Documents without the prior
written consent of the City.
1
Certification of Contract
Contractor warrants and represents that all persons providing/performing any supplies,
work, and/or services required by the Contract Documents have the knowledge and
skills, either by training, experience, education, or a combination thereof, to adequately
and competently provide/perform same, or services to City's satisfaction, for the agreed
compensation.
Contractor shall provide/perform the supplies, work, and/or services required under the
Contract Documents in a skillful and respectable manner. The quality of the Contractor's
performance and all interim and final product(s) and /or work provided to or on behalf of
City shall be comparable to the best local and national standards.
G. SERVICE EXCELLENCE STANDARDS— Excellent Customer Service is the standard of
the City of Miami Beach. As a Contractor of the City, Contractor will be required to
conduct itself in a professional, courteous and ethical manner, and at all times adhere to
the City's Service Excellence standards. Training will be provided by the City's
Organizational Development and Training Specialist.
H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133,
Florida Statutes, a person or affiliate who is a contractor, consultant or other provider,
who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to the
City, may not submit a bid on a contract with the City for the construction or repair of a
public building or public work, may not submit bids on leases of real property to the City,
may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with the City, and may not transact any business with the
City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two purchases for a period of 36 months from the date of being placed on the
convicted vendor list. Violation of this section by Contractor shall result in cancellation of
the Contract and may result in Contractor debarment.
I. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this
Contract. Supplies, work, and/or services, provided by Contractor pursuant to the
Contract Documents shall be subject to the supervision of Contractor. In providing such
supplies, work, and/or services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. This Contract shall not constitute or make the parties
a partnership or joint venture.
J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or
substantially benefit a third party by this Contract and/or the Contract Documents.
Therefore, the parties agree that there are no third party beneficiaries to this Contract
and that no third party shall be entitled to assert a claim against either of them based
upon this Contract and/or the Contract Documents.
The parties expressly acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Contract and/or the Contract
Documents.
2
I
Certification of Contract
K. NOTICES - Whenever either party desires to give notice to the other, such notice must
be in writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand-delivery with a request for a written receipt of acknowledgment of
delivery, addressed to the party for whom it is intended at the place last specified. The
place for giving notice shall remain the same as set forth herein until changed in writing
in the manner provided in this section. For the present, the parties designate the
following:
For City:
Alex Denis, Procurement Director
City of Miami Beach
Department of Procurement Management
1700 Convention Center Drive
Miami Beach, Florida 33139
With copies to:
City Clerk
City Clerk Office
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
Ferguson Enterprises, Inc.
1950 N.W. 181 Street
Pompano Beach 33126
Attn: Jason Mueller
Phone: 954-973-8100
Fax: 1-800-477-0876
E-mail: iason.mueller(&,ferguson,com
L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each
requirement, duty, and obligation set forth in the Contract Documents is substantial and
important to the formation of this Contract and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach of a
provision of this Contract shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Contract.
M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless City or Contractor elects to terminate this Contract. An
election to terminate this Contract based upon this provision shall be made within seven
(7) days after the finding by the court becomes final.
i
3 a
Certification of Contract
N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall
be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either
party with respect to the enforcement of any or all of the terms or conditions herein
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Contract, Contractor and City hereby expressly waive any rights
either party may have to a trial by jury of any civil litigation related to, or arising
out of the Contract and/or the Contract Documents. Contractor, shall specifically
bind all subcontractors to the provisions of this Contract and the Contract
Documents.
O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions
contained herein, or in the Contract Documents, shall be effective unless contained in a
written document prepared with the same or similar formality as this Contract and
executed by the City and Contractor.
P. This Contract shall not be effective until all bonds and insurance(s) required under the
Contract Documents have been submitted to, and approved by, the City's Risk Manager.
Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are
hereby adopted by reference and incorporated herein as if fully set forth in this Contract.
Accordingly, Contractor agrees to abide by and be bound by any and all of the
documents incorporated by the Contract Documents. Where there is a conflict between
any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in
response thereto, the more stringent provision (as enforced by the City) shall prevail,
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4
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award Contracts Pursuant To Invitation To Bid (ITB) No. 373-2013 For The
Purchase Of Polymer Water Me-ter Boxes And Covers.
i
Key Intended Outcome Supported:
Maintain City's Infrastructure. _
Supporting Data (Surveys, Environmental Scan, etc.):
Issue:
Shall the City Commission approve the award of Contracts?
f Item Summary/Recommendation:
The purpose of this item is to approve contracts for the purchase of polymer meter boxes and covers for
the Public Works Department of the City of Miami Beach (the"City)pursuant to ITB 2013-373-MF.The
polymer boxes and covers are needed to house and protect the water meters installed around the City's
streets, sidewalks, and alleys, as well as private properties, and provide easy access for meter reading
to Public Works personnel.
32 vendors were notified of the solicitation, with 15 vendors downloading the solicitation, Four (4)
responses were received in response to the solicitation.
After review of responses received, it is recommended that Ferguson Enterprises, Inc., the lowest
responsive, responsible bidder be awarded the contract as the primary vendor and Fortiline, Inc., the
second lowest responsive, responsible bidder be awarded the contract as the secondary vendor.
RECOMMENDATION
Award contract to Ferguson Enterprises, Inc., the lowest bidder, as primary vendor, and Fortiline, Inc.,
the second lowest bidder, as secondary vendor, for an initial term of three years, with three one-year
optional renewals, as stipulated in the ITB.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1 $15,000 Public Works Meter Services Account No.425-0410-
000680 _
2
3
OBPI Total $15,000
Financial Impact Summary: The amount budgeted for Fiscal Year 20714 is $15,000. Future year
expenditures will be based on approved budgeted amounts.
City Clerk's Office Legislative Tracking:
Alex Denis, Director Ext#6641
Sign-Offs:
Dapartment Director Assistant City r City Ma KWO
AD ETC KGB M JLM r
–77-17— _X_TAAG r\2014Uanuary\1T8 373-2013 Purchase of Wa1hr Meters Boxes and Covers SUMMARY.doe
AGENDA ITEM �P 6
MIAMIBEACH
115
W" M I AM I BEAC H
City of Miami Beach, 1700 Convention Center Drive,Komi Beach,Florida 33139,www.mlarnibeachfl.gov
I
COMMISSION M h�MORANDUM
TO: Mayor Philip Levine and Members of e City Com 'ssion
FROM: Jimmy L. Morales, City Manager
DATE: January 15, 2014
SUBIECT: REQUEST FOR APPROVAL TO AWAR CONTRACTS PURSUANT TO INVITATION TO BID
(ITS) NO. 2013-373-MF FOR THE PUR HASE OF POLYMER WATER METER BOXES AND
COVERS
ADMINISTRATION RECOMMENDATION
Approve the award of contracts.
KEY INTENDED OUTCOME
Maintain City's Infrastructure.
FUNDING
The amount budgeted for the purchase of polymer water meters boxes and covers for Fiscal Year
2014 is$15,000.Total contract amount is estimated at$45,000 for an Initial term of three(3)years.
Funding in the amount required will be provided from the following account:
$15,000 --Public Works Meter Services Account No.425-0410-000680
Additional funding may be required due to increased need of services, subject to the review and
approval of the Office of Budget and Performance Improvement(OBPI).
ANALYSIS
The purpose of Invitation to Bid (ITB) No. 2013-373-MF was to establish a contract, by means of '
sealed bids,with a qualified firm(s),for the purchase and delivery of various sizes of polymer meter
boxes and covers for the Public Works Department of the City of Miami Beach(the City), on an as
needed basis.
The polymer boxes and covers are needed to house and protect the water meters installed around
the City's streets, sidewalks, and alleys, as well as private properties, and provide easy access for
meter reading to Public Works personnel.
The contract(s) entered into with the successful bidder(s) shall remain in effect for three(3)years,
The price offered by the Bidder in its Bid Proposal shall be fixed for the original three(3)year term of
agreement. The City,through its City Manager, shall have the option to renew this contract for an
additional three(3)one-year periods on a year-to-year basis. Prior to completion of each exercised
contract term,the City may consider an adjustment to price based on changes in the applicable CPI-
U index.
116 k
ITB 2013-373-MF—Polymer Water Meter Boxes and Covers
January 15, 2014
BID PROCESS
invitation to Bid (ITB) No. 2013-373, was issued on October 2, 2013 with a bid opening date of
October 25,2013. One(1)addendum was issued to provide additional information and to respond
to questions submitted by the prospective bidders. Public Purchase issued bid notices to 32
prospective bidders,and a total of 15 companies downloaded the document.The notices resulted in
the receipt of four (4)bids from the following companies:
1. Ferguson Enterprises, Inc.
2. Fortiline, Inc.
3. A&B Pipe and Supply, inc.
4. HD Supply Waterworks, Ltd.
The following table shows a summary of the results,A detailed tabulation is included in Appendix A.
Company Name Total Bid Amount*
Ferguson Enterprises, i nc $77,897.50
Fortiline, inc. $78,195.00
A&B Pipe and Supply, inc. $89,128.20
HD Supply Waterworks, Ltd. $91,902.50
"Note:The bid amount is tabulated on the estimated quantities over the contract term indicated in the ITB bythe
requesting department. The current amount budgeted for Fiscal Year 2014 is$15,000.Future year expenditures
will be based on approved budgeted amounts.
Award is being recommended to Ferguson Enterprises, Inc.,the lowest bidder,as primary vendor,
and Fortiline, Inc.,the second lowest bidder, as secondary vendor.
Ferguson Enterprises,_Inc.
Ferguson is a distributor of residential and commercial plumbing supplies and underground water
supplies, including Hubbel products and CDR below ground meter boxes specified by the ITB
document. Their clients include the cities of Boca Raton, Sunrise, and Plantation, and Broward
County among others,
Fortiline Inc.
Fortiline, Inc.,formerly Mainline Supply Co.,is a wholesale underground utility supply company that
has been in business for 16 years. Fortiline, Inc. has 34 branches in ten states, including a
warehouse in West Palm Beach. They are an authorized distributor of Hubbel products, including
the CDR polymer meter boxes and boxes specified by the iTB document.Their clients include City
of Deerfield Beach, Broward County Utilities and City of Boynton Beach among others.
CONCLUSION:
Based on the aforementioned,the Administration recommends that the Mayor and City Commission
award contracts to Ferguson Enterprises, Inc. as primary vendor, and Fortiline, Inc., as secondary
vendor, pursuant to Invitation to bid (ITB) No. 2013-373-MF in the annual estimated amount of
$15,000, for a total of$45,000 for a three year contract term.
TAAGENDAL20141January\1TB 373.2013 Purchase of Water Meters Boxes and Covers MEMO,doc
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MIAMiBEACH
City of Miami Beach,1700 Convention Center Drive,Miami beach,Florida 33139,www,miamibeachfl,gov
PROCUREMENT DIVISION
Tel:305-673-7490,-Fax:305.673.7851
INVITATION TO BID NO. 20 13-37,3-MF
ADDENDUM NO, 1
0ctober 18, 2013
POLYMER WATER METER BOXES AND COMERS (AND RELATED ITEMS) is amended as
follows:
1. Deadline for the receipt of bids remains October 29,2013 at 3:00pm. '
11. The following are answers to questions submitted by prospective bidders:
Question 1: Could you forward me the result from previous bids for polymer concrete meter boxes?
Answer:The City currently purchases polymer meter boxes and covers pursuant to Invitation
to Quote (ITQ)#349-2013, attached.
INASMUCH AS THIS CHANGE DOES NOT MATERIALLY AFFECT THE DID DOCUMENT,
BIDDERS ARE NOT REQUIRED TO ACKNOWLEDGE THIS ADDENDUM TO BE
DE'EM'ED RESPONSIVE.
PD�ern�ls
MI BEACH
Procure ment Director
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ED MIAMI B H
ITB NO.: 209 3-373-M F
INVITATION
TO BID
POLYMER WATER METER BOXES AND COVERS
(AND RELATED ITEMS)
—;�•�` -,.��yrtt•_: C.�ty,., :.t.
.��"''!(...r�:.ti''�i•i.�i�-s»�`?py`� _.��. .` ., _ K .F�-..-`ti:>•<rr.,�'°�.;,..';�a" W �r(•°Q� -n rr��y:J-�t,@ Y.s•a.�..:.1.•.::."•�i?:_:5 R$7 c"a'w1- �,....3;_%.'1�g;(�.,,• � _}'..•_..:_;•rc.�.�
i•.e�
•c.•:?'.�::•`�4*:�'•I''••- . �j�.
Section 1,Instructions to Bidders............................................... P. 1
Section 2,General Conditions..........r......................................................................... p. 2
Section 3,Special Conditions r.................................................................................. p. 6
Section 4,Specifications&Technical Requirements ...................... p. 11
Section 5, Bid Price Form*............................................................................................. p. 12
Section 6,Certification&Affidavits.... r.. p. 14
Section 7,"No Bid"Form ......................................................................................... p. 21
Section 8,Appendixes . ......, .... ....r .._ ..... ...r . ..... n/a
' �'f� ..} .i c +s� a:r''i r 4- T -+.-irt -:.L.y...,''� Y`.�.i-i':`f•�•Ci[�_:c!:tr -: `=+.`i` ..n ••4:=x`<.•:c~i. 'rr.,r'.�.
FAILURE TO SUBMIT -S.IGNED .B,I,D PRICE FORM, SECTION,
BYTHE 1 DATE 1 ESTABLISHED
OR AMENDED,VIA ADDENDUM, WILL, RENDER BID NON-
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1
ITB 2013-373-MF General Information&
POLYMER WATER METER BOXES AND COVERS Instructions to Bidders
!V IAA BEACH
SECTION 1, INSTRUCTIONS TO BIDDERS
.,...'CONTACT INFORMATION
Procurement Contact Tel: Email:
MARTA FERNANDEZ-RUBIO 305-673-7000,EXT.6263 MFERNANDEZRU BI O@MIAMI BEACH FL.GOV
COPIES BID
Original Signed Proposal: Copies of Original Signed.Proposal: Electronic Copies(CD-ROM or Flashdrive)
1 3 1
ll DEADLINE
Due Date&Time: Location for Bid Submittal:
3:00 PM, OCTOBER 29, 2013 City of Miami Beach
: .• • Department of Procurement Management
1700 Convention Center Drive, 3RD Floor
•. Miami Beach, Florida 33139
Instr uktions,to Bidders:
1. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all prevail. It is the Bidder's responsibility to ensure receipt of all addenda,
procurement solicitations once advertised and until an award and any accompanying documentation is included in Bid Proposal as
recommendation has been forwarded to the City Commission by the City required.
Manager are under the Cone of Silence. The Cone of Silence 5. AUTOMATIC BID NOTIFICATION SYSTEM. The City utilizes
ordinance is available at PublicPurchase for automatic notification of proposal opportunities and
h Up://library.mun!code,com/index.aspx?clientlD=13097&statelD=9&state document fulfillment, including the issuance of any addendum to this
name=Florida. Any communication or inquiry in reference to this RFP. This system allows vendors to register online and receive
solicitation with any City employee or City official is strictly prohibited notification of new proposals, addendums and awards. Registration is
with the of exception communications with the procurement director,or available through www,publicpurchase.com.
his/her administrative staff responsible for administering the procurement Any prospective proposer who has received this RFP by any means
process for his solicitation providing said communication is limited to
this P 9
matters of process or procedure regarding the solicitation, other than through PublicPurchase must register immediately with
Communications regarding this solicitation are to be submitted in writing PublicPurchase to assure receipt of any addendum Issued to this RFP.
to the Procurement Contact named herein with a copy to the City Clerk Prospective proposers are solely responsible for assuring they have
at rafaelgranado @miamibeachfl.gov. received any addendum issued to this RFP, Failure to receive an
2. BID PROPOSAL, The Bid Proposal is to include the Bid Price Form addendum may result in disqualification of proposal submitted.
(Section 5)and Bid Certification and Affidavits(Section 6)and any 6. SPECIAL NOTICES: You are hereby advised that this solicitation is
other information requested herein. Failure to submit a signed Bid Price subject to the following ordinances/resolutions,which may be found on
Form (Section 5) by the due date and time established herein, or via the City Of Miami Beach website:
addendum for the receipt of bids shall render bid non-responsive.p P
htt :llweb,miamibeachfl. ovl rocurementlscroll as x?id=23510
p g p A
The Bid Price Form(Section 5)shall be completed mechanically or, if 0 CONE OF SILENCE--ORDINANCE NO.2002-3378
manually,in ink,Bid Price Forms(Section 5)completed in pencil shall be # CAMPAIGN CONTRIBUTIONS BY CONTRACTORS ORDINANCE
deemed non-responsive.All corrections on the Bid Price Form(Section NO.2003-3389.
5)shall be initialed. CODE OF BUSINESS ETHICS--RESOLUTION NO.2000-23879.
3. SEALED BIDS. Bids must be submitted in a sealed envelope or DEBARMENT PROCEEDINGS--ORDINANCE NO,2000-3234.
container. The following information should be clearly marked on the 0 LOBBYIST REGISTRATION AND DISCLOSURE OF FEES --
face of the envelope or container in which the bid is submitted: Bid ORDINANCE N0.2002-3363
Number, Bid Title, Bidders Name, Bidder Return Address. Any Bid 0 LIVING WAGE ORDINANCE—ORDINANCE N0.2010-3682
received after the first Bid has been opened will be considered late and 0 EQUAL BENEFITS ORDINANCE—ORDINANCE NO.2005-3494
will be returned to the Bidder unopened. The City does not accept # LOCAL PREFERENCE FOR MIAMI BEACH-BASED
responsibility for delays,natural or otherwise. CONTRACTORS — ORDINANCE NO, 2003-3413 AND
4, ADDENDUM.Procurement may issue an addendum in response to any ORDINANCE NO.2011-3747.
inquiry received,prior to Bid opening,which changes,adds to or clarifies PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED
the terms, provisions or requirements of the solicitation. The Bidder AND CONTROLLED BY VETERANS AND TO STATE CERTIFIED
should not rely on any representation,statement or explanation whether SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES —
written or verbal,other than those made in this Bid Solicitation document ORDINANCE N0.2011-3748.
or in any addenda issued.Where there appears to be a conflict between
this Bid Solicitation and any addenda, the last addendum issued shall
19 IV�J�.M$EACH
I
ITB 2013-373-MF Section 2-General Conditions
POLYMER WATER METER BOXES AND COVERS
SECTION 2
GENERAL TERMS AND CONDITION
2.1 GENERAL TERMS AND CONDITIONS, It is the responsibility of the Bidder to Responsive Bidder-A bidder whose submittal is determined by the City to be
become thoroughly familiar with the Bid requirements,terms and conditions of this in conformance with the conditions,requirements,and specifications detailed in
solicitation.Ignorance by the Bidder of ccndltions that exist or that may exist will not the specifications.
be accepted as a basis for varying the requirements of the City,or the compensation Vendor-a person and/or entity,which has been selected by the City as the
to be paid to the Bidder. successful bidder on a present or pending bid for goods,equipment or services,
or has been approved by the City on a present or pending award for goods,
2.2 DEFINITIONS,The following words,terms and phrases,when used,shall have the equipment or services,prior to or upon execution of a contract,purchase order
meanings ascribed to them except where the context clearly indicates a different or standing order.
meaning. For additional Information about on-line vendor enrollment or vendor pre-
Bid—shall refer to any offer(s)submitted in response to this solicitation, qualification, please contact Procurement at 1700 Convention Center
Bidder/Contractor/Offeror—Any individual,firm,or corporation submitting a bid for Drive,Miami Beach,FL 33139;Phone 305-673-7490.Or email:
this Project acting directly or through a duly authorized representative. procurementna,miamibeachfl.gov Vendors can register with the City by
Bid Solicitation v shall mean this solicitation documentation,Including any and all going to the website:www.miamibeachfl.gov and click on Procurement
addenda. under City Departments.
Bid Submittal Form• defines the requirement of items to be purchased,and must
be completed and submitted with Bid. The Bidder should indicate its name in the 2.3 PRICES QUOTED.Prices quoted shall remain firm and fixed during the duration
appropriate space on each page. of the contract In completing the bid form,state both unit price and extended
City—shall refer to City of Miami Beach,Florida total,when requested. Prices must be stated in units of quantity specified in the
City Commission-City Commission shall mean the governing and legislative body bidding specifications. In case of discrepancy In computing the amount of the
of the City. bid,the UNIT PRICE quoted will govern. All prices must be F.O.B.destination,
City Manager-City Manager shall mean the Chief Administrative Officer of the City. freight prepaid(unless otherwise stated in Special Conditions). Discounts for
Comparable Facility-A facility that,when considering size,use,revenue,and other prompt payment; The Bidder may offer cash discounts for prompt payments;
applicable criteria,is similar to the Miami Beach Convention Center(MBCC)which however,such discounts will not be considered in determining the lowest price
includes 1.2 million gross square foot facility averaging a minimum of$6 million in during bid evaluation. Bidders are requested to provide prompt payment terms
annual gross food and beverage sales, in the space provided on the Bid submittal signature page of the solicitation.
Controlling Financial Interest-means the ownership,directly or indirectly,of 10% Award,if made,will be in accordance with terms and conditions stated herein,
or more of the outstanding capital stock in any corporation or a direct or indirect Each item must be bid separately,and no attempt is to be made to tie any item
Interest of 10%or more in a firm. or items in with any other item or items. Cash or quantity discounts offered will
Domestic Partner:The term Domestic Partner shall mean any two(2)adults of the not be a consideration in determination of award of bid(s),
same or opposite sex,who have registered as domestic partners with a government
body pursuant to state or local law authorizing such registration,or with an intemal 2.4 TAXES.The City of Miami Beach is exempt from all Federal Excise and State
registry maintained by the employer of at least one of the domestic partners. A taxes.
Contractor may institute an internal registry to allow for the provision of equal 15 MISTAKES. Bidders are expected to examine the specifications, delivery
benefits to employees with domestic partner who do not register their partnerships schedules,bid prices,and extensions,and all instructions pertaining to supplies
pursuant to a governmental body authorizing such registration,or who are located In and services. Failure to do so will be at the bidder's risk and may result in the
a jurisdiction where no such governmental domestic partnership exists. bid being non-responsive.
Enrolled Vendor—shall refer to a firm that has completed the City of Miami Beach
Pre-Qualification process and has satisfied all requirements to enter into a business 2.6 CONDITION AND PACKAGING.Bidder guarantees items offered and delivered
agreement with the City. to be the current standard production model at time of bid and shall offer
Evaluation Committee-A committee of individuals appointed by the City Manager expiration dating of at least one year or later, Bidder also guarantees items
that may include City personnel, residents, industry experts and other individuals offered and delivered to be new,unused,and free from any and all defects in
whose purpose is to evaluate the proposals received in response to this ITB and who material, packaging and workmanship and agrees to replace defective items
may make a non-binding recommendation to the City Manager on the selection of a promptly at no charge to the City of Miami Beach, for the manufacturer's
short-list of bidder(s)who the City Manager,at his or her discretion,may present to standard warranty but In no case for a period of less than 12 months from date
the City Commission for consideration and,if approved by the City Commission,who of acceptance. All containers shall be suitable for storage or shipment,and all
may be further considered during the contract negotiation phase. prices shall Include standard commercial packaging.
Firm-means a corporation,partnership,business trust or any legal entity other than 2 7 UNDERWRITERS`LABORATORIES.Unless otherwise stipulated in the Bid,all
a natural person, manufactured items and fabricated assemblies shall be U.L. listed or re-
Negotiation Team-A committee of individuals appointed by the City Manager that examination listing where such has been established by U.L.for the item(s)
may include City personnel,residents,industry experts and other individuals whose offered and furnished.
purpose is to negotiate a contract,after City Commission has approved a short-list of
bidder(s),and who may make a non-binding recommendation to the City Manager on 2,8 CITY'S RIGHT TO WAIVE OR REJECT BIDS,The City Commission reserves
the selection of short-listed bldder(s)who the City Manager,at his or her discretion, the right to waive any informalities or irregularities in this Bid;or to reject all bids,
may present to the City Commission for consideration and final award. or any part of any bid,as It deems necessary and In the best interest of the City
Successful Bidder—shall mean the Bidders)recommended for award. of Miami Beach,
Term Applicant—shall mean an Individual, partnership, or corporation, which
submits an application in response to this solicitation. 2.9 EQUIVALENTS, If a bidder offers makes of equipment or brands of supplies
Responsible Bidder:A bidder who is qualified,as determined by the City,on the other than those specified In the Bid specifications,he must so indicate in his
basis of the following criteria: bid, Specific article(s)of equipment/supplies shall conform in quality, design
a. Whether the bidder can perform the contract within the time specified,without and construction with all published claims of the manufacturer.
delay or interference. The bidder shall indicate in the Bid Form the manufacturer's name and number if
b. The character,Integrity,reputation,judgment,experience and efficiency of the bidding other than the specified brands,and shall indicate ANY deviation from
bidder. the specifications as listed in the Bid.Other than specified items offered requires
c. The quality of performance of previous contracts, complete descriptive technical literature marked to indicate detailed
d, The previous and existing compliance by the bidder with laws and ordinances conformance with specifications, and MUST BE INCLUDED WITH THE BID.
relating to the contract. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION.
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Note as to Brand Names:Catalog numbers,manufacturers'and brand names,when 2.19 DISPUTES.In case of any doubt or difference of opinion as to the items and/or
listed,are informational guides as to a standard of acceptable product quality level services(as the case may be)to be furnished hereunder,the decision of the
only and should not be construed as an endorsement or a product limitation of City shall be final and binding on all parties.
recognized and legitimate manufacturers. Bidders shall formally substantiate and 2 20 LEGAL REQUIREMENTS, The bidder shall be required to comply with all
verify that product(s) offered conform with or exceed quality as listed in the federal,State of Florida,Miami-Dade County,and City of Miami Beach codes,
specifications.
laws, ordinances,and/or rules and regulations that in any manner affect the
2.10 EMERGENCY RESPONSE PRIORITY.It is hereby made a part of this solicitation items covered herein (collectively,Applicable Laws). Lack of knowledge or
that before,during,and after a public emergency,disaster,hurricane,tomado,flood, ignorance by the bidder with/of Applicable Laws will in no way be a cause for
or other acts of force majeure that the City of Miami Beach,Florida shall receive a relief from responsibility.
"First Priority'for any goods and services covered under any award resulting from 2 21 PATENTS&ROYALTIES.The bidder shall Indemnify and save harmless the
this solicitation, including balance of line items as applicable. It is vital and City of Miami Beach,Florida,and its officers,employees,contractors,and/or
imperative that the majority of citizens are protected from any emergency situation
that threatens public health and safety, as determined by the City. By virtue of agents,from liability of any nature or kind,including cast and expenses for,or
submitting a response to this solicitation,vendor agrees to provide ail award-related on account of,any copyrighted,patented,or unpatented Invention,process,or
goods and services to the City on a"first priority'under the emergency conditions article manufactured or used in the performance of the contract,including its use
noted above. 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
2.11 NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for agreed,without exception,that the bid prices shall include all royalties or cost
compliance with specifications, Items delivered, not conforming to specifications, arising from the use of such design,device,or materials In any way involved in
may be rejected and returned at the bidder's expense. These items,as well as items the work.
not delivered as per delivery date in bid and/or purchase order,may be purchased by 2 22 OSHA. The bidder warrants to the City that any work, services, supplies,
the City,at its discretion,on the open market Any increase in cost may be charged materials or equipment supplied pursuant to this Bid shall conform in all
against tine bidder. Any violation of these stipulations may also result In the bidder's
name being removed from the Clty's vendor list. respects to the standards sat forth in the Occupational Safety and Health Act of
1970,as amended,and the failure to comply with this condition will be deemed
2.12 PRODUCT INFORMATION. Product literature, specifications, and technical breach of contract Any fines levied because of inadequacies to comply with this
information, including Manufacturer's Safety Data Sheets (MSDS) should be condition shall be bome solely by the bidder,
provided with this bid as an attachment to the"BID FORM'.However,in all cases 2.23 MANNER OF PERFORMANCE, Bidder agrees to perform its duties and
must be provided within five(5)calendar days upon request from Purchasing Agent.
obligations in a professional manner and in accordance with all applicable Local,
2.13 SAMPLES.Bids submitted as an"equal"product must be accompanied with detailed State,County,and Federal laws,rules,regulations and codes.Bidder agrees
specifications.Samples of items,when required,must be furnished free of expense that the services provided shall be provided by employees that are educated,
and, if not destroyed, will, upon request, be returned at the bidder's expense. trained, experienced,certified,and licensed in all areas encompassed within
Bidders will be responsible for the removal of all samples furnished within(30)days their designated duties. Bidder agrees to furnish to the City any and all
after bid opening. All samples will be disposed of after thirty(30)days. Each documentation, certification, authorization, license, permit, or registration
Individual sample must be labeled with the bidder's name. Failure of the bidder to currently required by applicable laws, rules, and regulations. Bidder further
either deliver required samples,or to clearly identify samples may be reason for certifies that it and its employees will keep all licenses,permits,registrations,
rejection of the bid.Unless otherwise indicated,samples should be delivered to the authorizations,or certifications required by applicable laws or regulations in full
Procurement Division,1700 Convention Center Drive,Miami Beach,FL 33139. force and effect during the term of this contract. Failure of bidder to comply
2.14 DELIVERY.Unless actual date of delivery is specified(or if specified delivery cannot
with this paragraph shall constitute a material breach of this contract
be met),show number of days(n calendar days)required to make delivery after 2.24 SPECIAL CONDITIONS.Any and all Special Conditions that may vary from
receipt of purchase order,In space provided. Delivery time may become a basis for these General Terms and Conditions shall have precedence.
making an award. Delivery shall be within the normal working hours of the City using 2.26 ANTI-DISCRIMINATION.The bidder certifies that he/she Is in compliance with
Department, Monday through Friday, excluding holidays. Receiving hours are
Monday through Friday,excluding holidays,from 8:30 A.M.to 5:00 P.M. the non-discrimination clause contained in Section 202,Executive Order 11246,
as amended by Executive Order 11375, relative to equal employment
2.15 INTERPRETATIONS. Any questions concerning the Bid conditions and opportunity for all persons without regard to race,color,religion,sex or national
specifications should be submitted, in writing, to the City's Department of origin.
Procurement Management(DPM)1700 Convention Center Drive,Miami Beach,FL 2.26 AMERICAN WITH DISABILITIES ACT.To request this material in accessible
33139.or facsimile:786-394-4075.
format, sign language interpreters, information on access for persons with
2.16 LATE SUBMISSION.All bids received after the date,time,and place specified in the disabilities,and/or any accommodation to review any document or participate in
Bid, will be returned to the bidder unopened, and will not be considered. The any city-sponsored proceeding,please contact 305-604-2489(voice),305-673-
responsibility for submitting bids before the stated time and date is solely the 7524(fax)or 305-673-7218(TTY)five days In advance to initiate your request
responsibility of the bidder. The City will not be responsible for delays caused by TTY users may also call 711(Florida Relay Service).
mail,courier service,or any other entity or occurrence.Facsimile,electronic,or e- 2.27 LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are
mailed bids will not be accepted.
required to enter or go on to City of Miami Beach property to deliver materials or
2.17 INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at perform work or services as a result of the Bid,the bidder will assume the full
destination,unless-otherwise provided. Title to(or risk of loss or damage to)all duty,obligation and expense of obtaining all necessary licenses,permits,and
items shall be the responsibility of the successful bidder until acceptance by the City, insurance,and assure all work complies with all Applicable Laws.The bidder
unless loss or damage results from the gross negligence or willful misconduct of the shall be liable for any damages or loss to the City occasioned by negligence of
City. the bidder,or his/her officers,employees,contractors,andlor agents,for failure
if any equipment or supplies supplied to the City are found to be defective, or do not
to comply with Applicable Laws,
conform to the specifications,the City reserves the right to cancel the order upon 2.28 BID BONDS,PERFORMANCE BONDS,CERTIFICATES OF INSURANCE,Bid
written notice to the seller,and return the product,at the bidder's expense, Bonds,when required,shall be submitted with the bid in the amount specified in
the Special Conditions. After acceptance of the bid, the City will notify the
2.18 PAYMENT.Payment will be made by the City after the items have been received, successful bidder to submit a performance bond and certificate of Insurance in
Inspected,and found to comply with Bid specifications,free of damage or defect,and the amount specified in the Special Conditions.
properly Invoiced.
2.29 DEFAULT.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 damages incurred by the City
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thereby;or,where surety is not required,failure to execute a contract as described F.The City may require bidders to show proof that they have been designated
above may be grounds for removing the bidder from the City's bidders list. as authorized representatives of a manufacturer or supplier,which Is the actual
source of supply. In these instances, the City may also require material
2.30 CANCELLATION.In the event any of the provisions of this Bid are violated by the information from the source of supply regarding the quality, packaging, and
bidder,the City shall give written notice to the bidder stating such deficiencies and, characteristics of the products to be supply to the City. Any material conflicts
unless such deficiencies are corrected within ten(10)calendar days from the date of between information provided by the source of supply and the information
the City's notice, the City, through its City Manager, may declare the contract in contained in the bidder's bid may render the bid non-responsive.
default and terminate same, without further notice required to the bidder. G.The City may,during the period that the contract between the City and the
Notwithstanding the preceding,the City,through its City Manager,also reserves the successful bidder is in force, review the successful bidder's record of
right to terminate the contract at any time and for any reason,without cause and for performance to ensure that the bidder is continuing to provide sufficient financial
convenience,and without any monetary liability to the City,upon the giving of thirty support,equipment,and organization as prescribed in this bid. Irrespective of
(30)days prior written notice to the bidder, the bidder's performance on contracts awarded to it by the City,the City may
2.31 BILLING INSTRUCTIONS. Invoices, unless otherwise Indicated, must show place said contracts on probationary status and implement termination
purchase order numbers and shall be submitted to the ordering City department, procedures if the City determines that the successful bidder no longer
possesses the financial support,equipment,and organization which would have
2.32 SUBSTITUTIONS.After award of contract, the City WILL NOT accept substitute been necessary during the bid evaluation period In order to comply with the
shipments of any kind. The bidder is expected to furnish the brand quoted in Its bid. demonstration of competency required under this subsection.
Any substitute shipments will be retumed at the bidder's expense,
2.37 DETERMINATION OF AWARD.In determining the lowest and best bidder,in
2.33 FACILITIES. The City, through its City Manager or his/her authorized designee, addition to price,there shall be considered the following:
reserves the right to inspect the bidder's facilities at any time,upon reasonable prior The ability,capacity and skill of the bidder to perform the contract.
written or verbal notice. 0 Whether the bidder can perform the contract within the time specified,
2.34 PROTEST. In the event a prospective bidder wishes to protest any part of the without delay or interference.
General Conditions,Special Conditions and/or Technical Specifications contained in • The character,integrity,reputation,judgment,experience and efficiency of
this it must file a notice of protest in writing to the Procurement Director,with a copy the bidder.
to the City Clerk,at least ten(10)business days prior to the Bid opening date and 0 The quality of performance of previous contracts.
hour specified in the solicitation. Any bidder,who has a substantial interest in,and is The previous and existing compliance by the bidder with Applicable Laws
aggrieved in connection with the solicitation or proposed award may protest to the relating to the contract.
City Manager or his or her designee anytime until two(2)business days following the 2,38 ASSIGNMENT.The successful bidder shall not assign,transfer,convey,sublet
release of the City Manager's written recommendation to the City Commission,as or otherwise dispose of the contract, including any or all of its right, title or
same is set forth and released in the City Commission agenda packet,for award of interest therein,or his/her or its power to execute such contract,to any person,
the bid in question in accordance with City of Miami Beach Ordinance No.2002- company or corporation,without the prior written consent of the City.
3344,which establishes procedures for bid protests and which can be found on the
Procurement website.Failure to file a timely notice of protest will constitute a waiver 2.39 LAWS,PERMITS AND REGULATIONS.The bidder shall obtain and pay for all
of proceedings, licenses, permits, and inspection fees required under the contract;and shall
2.35 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If a bidder is in comply with all Applicable Laws.
doubt as to the true meaning of the Bid specifications,or other Bid documents,or 2.40 OPTIONAL CONTRACT USAGE, When the successful bidder(s) is in
any part thereof,the bidder must submit to the City,at least ten(10)calendar days agreement,other units of government or non-profit agencies may participate in
prior to the scheduled Bid opening date,a request for clarification. NO QUESTIONS purchases pursuant to the award of this contract at the option of the unit of
WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. government or non-profit agency.
Any interpretation of the Bid,including,without limitation,responses to questions and 2.41 SPOT MARKET PURCHASES,It is the intent of the City to purchase the items
request for clarification(s)from bidders,will be made only by Addendum duly issued specifically listed in this Bid from the successful bidder. However, the City
by the City. In the event of conflict with the original specifications,the Addendum reserves the right to purchase the items from state or other governmental
shall supersede such specifications,to the extent specified. Subsequent Addendum contract, or on an as-needed basis through the City's spot market purchase
shall govern over prior Addendum only to the extent specified.The bidder shall be provisions,
required to acknowledge receipt of any and all Addendum,and filling in and signing 2 42 ELIMINATION FROM CONSIDERATION.This bid shall not be awarded to any
in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to ersdn or firm who is in arrears to the City upon an debt,taxes,or contracts
acknowledge Addendum may deem a bid non-responsive, p ry p y
which are defaulted as surety or otherwise upon any obligation to the City.
The City will not be responsible for explanations, interpretations, or answers to
questions made verbally or in writing by any City representative,unless issued by the 2,43 ESTIMATED QUANTITIES, Estimated quantities or estimated dollars, if
City via formal written Addendum to this Bid. provided,are for City guidance only.No guarantee is expressed or implied as to
quantities or dollars that will be used during the contract period.The City is not
Any questions or clarifications concerning the Bid shall be submitted in writing to the obligated to place any order for a given amount subsequent to the award of this
Department of Procurement Management(DPM) 1700 Convention Center Drive, Bid.Estimates are based upon the City's actual needs and/or usage during a
Miami Beach,FL 33139 with a copy to the City Clerk. previous contract period. The City may use said estimates for purposes of
2.36 DEMONSTRATION OF COMPETENCY. determining whether the low bidder meets specifications.
A.Pre-award inspection of the bidder's facility may be made prior to the award of 2.44 COLLUSION.Where two(2)or more related parties each submit a bid or bids
contract. for any contract, such bids or bids shall be presumed to be collusive. The
B. Bids will only be considered from firms which are regularly engaged in the foregoing presumption may be rebutted by presentation of evidence as to the
business of providing the goods and/or services as described in this Bid. extent of ownership, control and management of such related parties in the
C. Bidders must be able to demonstrate a good record of performance for a preparation and submittal of such bid or bids."Related parties"means bidders or
reasonable period of time, and have sufficient financial capacity, equipment, and the principals thereof which have a direct or indirect ownership interest in
organization to ensure that they can satisfactorily perform the services if awarded a another bidder for the same contract, or in which a parent company or the
contract under the terms and conditions of this Bid. principals thereof of one(1)bidder have a direct or indirect ownership interest in
D.The terms"equipment and organization",as used herein shall,be construed to another bidder for the same contract.Bid or bids found to be collusive shall be
mean a fully equipped and well established company in line with the best business rejected.
practices in the industry,and as determined by the City of Miami Beach,
E.The City may consider any evidence available regarding the financial,technical, Bidders who have been found to have engaged in collusion may also be
and other qualifications and abilities of a bidder, including past performance suspended or debarred,and any contract resulting from collusive bidding may
be terminated for cause,
(experience),in making an award that is in the best interest of the City.
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Y:Wg1Xl. `d101
2,45 DISPUTES. in the event of a conflict between the Bid documents, the order of 2.53 INDEMNIFICATION.The successful Bidder shall indemnify and hold harmless
priority of the documents shall be as follows: the City and its officers,employees,agents and instrumentalities from any and
A. Any contract or agreement resulting from the award of this Bid;then all liability,losses or damages,including attorney's fees and costs of defense,
B. Addendum issued for this Bid,with the latest Addendum taking precedence; which the City or its officers,employees,agents or Instrumentalities may incur
then as a result of claims,demands,suits,causes of actions or proceedings of any
C. The Bid;then kind or nature arising out of,relating to or resulting from the performance of the
D. The bidder's bid in response to the Bid, agreement by the successful Bidder or its employees, agents, servants,
2.46 REASONABLE ACCOMMODATION. In accordance with Title II of the Americans partners, principals or subcontractors. The successful Bidder shall pay all
with Disabilities Act, any person requiring an accommodation at the Bid opening 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
because of a disability must contact the Procurement Division, applicable,including appellate proceedings,and shall pay all costs,judgments,
2,47 GRATUITIES.Bidders shall not offer any gratuities,favors,or anything of monetary and attorney's fees which may be Incurred thereon. The successful Bidder
value to any official,employee,contractor,or agent of the City,for the purpose of expressly understands and agrees that any insurance protection required by this
influencing consideration of this Bid. 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
2,48 SIGNED BID CONSIDERED AN OFFER.The signed bid shall be considered an its officers, employees,agents and instrumentalities as herein provided. The
offer on the part of the bidder,which offer shall be deemed accepted upon award of above indemnification provisions shall survive the expiration or termination of
the bid by the City Commission. In case of default on the part of the successful this Agreement
bidder,after such acceptance,the City may procure the items or services from other
sources and hold the bidder responsible for any excess cost occasioned or incurred 2.54 MODIFICATIONMITHDRAWALS OF BIDS.A bidder may submit a modified
thereby. bid to replace all or any portion of a previously submitted bid up until the bid due
date and time, Modifications received after the bid due date and time will NOT
2.49 TIE BiDS. In accordance with Florida Statues Section 287.087,regarding Identical be considered,
tie bids,preference will be given to bidders certifying that they have implemented a Bids shall be Irrevocable until contract award unless withdrawn in writing prior to
drug free work place program, A certification form will be required.In the event of a the bid due date or after expiration of 120 calendar days from the opening of
continued tie between two or more bidders after consideration of the drug free bids without a contract award. Letters of withdrawal received after the bid due
workplace program,the City's Local Preference and Veteran Preference ordinances date and before said expiration date and letters of withdrawal received after
will dictate the manner by which a tie is to be resolved.In the event of a continued tie contract award will NOT be considered.
after the Local and Veteran Preference ordinances have been applied or the tie
exists between bidders that are not Local or Veteran,the breaking of the tie shall be 2.55 EXCEPTIONS TO BID.Bidders are strongly encouraged to thoroughly review
at the City Manager's discretion,which will make a recommendation for award to the the specifications and all conditions set forth in this Bid. Bidders who fail to
City Commission. 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)
2.50 DELIVERY TIME. Bidders shall specify in the attached Bid Form,the guaranteed or more of the requirements set forth in this Bid and you are proposing
delivery time(in calendar days)for each item. It must be a firm delivery time;no alternatives and/or exceptions to said requirements, you must notify the
ranges(For example,12-14 days)will be accepted. Procurement Office, in writing, at least five(5)days prior to the deadline for
2.51 TERMINATION FOR DEFAULT.If the successful bidder shall fail to fulfill in a timely
submission of bids. The City reserves the right to revise the scope of services
via Addendum prior to the deadline for receipt of bids,
violate, f the covenants agreements, or stipulations manner, or otherwise ioate, any o g p
material to the Bid and/or the contract entered into with the City pursuant thereto,the 2.56 FLORIDA PUBLIC RECORDS LAW,Bidders are hereby notified that all Bid
City shall thereupon have the right to terminate the work and/or services then Including, without limitation, any and all information and documentation
remaining to be performed by giving written notice to the bidder of such termination, submitted therewith,are exempt from public records requirements under Section
which shall become effective upon receipt by the bidder of the written termination 119,07(1), Florida Statutes,and s.24(a),Art. 1 of the State Constitution until
notice. such time as the City provides notice of an intended decision or until thirty(30)
In that event,the City shall compensate the successful bidder In accordance with the days after opening of the bids,whichever is earlier, Additionally, Contractor
term of the contract for all work and/or services satisfactorily performed by the bidder agrees to be in full compliance with Florida Statute 119.0701 including,but not
prior to termination,net of any costs Incurred by the City as a consequence of the limited to,agreement to(a) Keep and maintain public records that ordinarily
default. and necessarily would be required by the public agency in order to perform the
Notwithstanding the above,the successful bidder shall not be relieved of liability to services;(b)provide the public with access to public records on the same terms
the City for damages sustained by the City by virtue of any breach of the contract by and conditions that the public agency would provide the records and at a cost
the bidder,and the City may reasonably withhold payments to the successful bidder that does not exceed the cost provided in this chapter or as otherwise provided
for the purposes of set off until such time as the exact amount of damages due the by law; (c) Ensure that public records that are exempt or confidential and
City from the successful bidder is determined, exempt from public records disclosure requirements are not disclosed except as
" public records and
The City may,at its discretion,provide reasonable cure period for any contractual authorized by law;(d}Meet all requirements for retaining pu
a take records in possession of the
violation poor to termination of the contract;should the successful bidder fail t t e transfer,at no cost,to the public agency all public ec p
the corrective action specified in the City's notice of default within the allotted cure contractor upon termination of the contract and destroy any duplicate public
period,then the City may proceed to terminate the contract for cause in accordance records that are exempt or confidential and exempt from public records
with this subsection 1,57. disclosure requirements.All records stored electronically must be provided to
2,52 TERMINATION FOR CONVENIENCE OF CITY.The City may,for its convenience, the public agency in a format that is compatible with the information technology
terminate the work and/or services then remaining to be performed,at any time,by systems of the public agency.
giving written notice to the successful bidder of such termination,which shall become 2.57 CONTRACT EXTENSION.The City reserves the right to require the Contractor
effective thirty(30)days following receipt by bidder of such notice. In that event,all to extend contract past the stated termination date for a period of up to 120 days
finished or unfinished documents and other materials shall be properly delivered to In the event that a subsequent contract has not yet been awarded.Additional
the City. if the contract is terminated by the City as provided in this subsection,the extensions past the 120 days may occur as needed by the City and as mutually
City shall compensate the successful bidder in accordance with the terms of the agreed upon by the City and the contractor.
contract for 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 assembling and delivering to City all ' '''''''''
documents, No compensation shall be due to the successful bidder for any profits
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.
MINAIMACH
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ITB 2013-373-MF Section 3-Special Conditions
POLYMER WATER METER BOXES AND COVERS
SECTION 3.0
SPECIAL CONDITIONS
3.1 PURPOSE: The purpose of this Bid is to establish a contract, by means of sealed bids,with a qualified firm(s),for
the purchase and delivery of various sizes of polymer meter boxes and covers for the Public Works Department of the
City of Miami Beach (the "City), on an as needed basis, in accordance with the prescribed specifications and
requirements. Interested vendors are invited to submit bids in response to this ITB.
3.2 BIDDER QUESTIONS: Any questions or clarifications concerning this solicitation shall be submitted to the
Department of Procurement Management (DPM) in writing to the attention of the Procurement Contract named in
Section 1, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail: RafaelGranado(@miamibeachfl,aov; or
facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for
clarification must be received no later than seven (7) calendar days prior to the scheduled Bid opening date. All
responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum.
3.3 PRE-BID MEETING: NIA.
3.4 VENDOR PREFERENCES:
3.4.1 MIAMI BEACH BASED VENDORS, in accordance with Section 2-372 of the Miami Beach City Code, a
Miami Beach-based vendor, whose bid amount is within five percent (5%) of the lowest, responsive,
responsible bidder,will be provided an opportunity to furnish the bid items at the amount bid by the lowest,
responsive, responsible bidder.
3.4.2 VETERAN BUSINESS ENTERPRISES. In accordance with Section 2-374 of the Miami Beach City Code,
a Veteran Business Enterprise vendor, whose bid amount is within five percent (5%) of the lowest,
responsive,responsible bidder,will be provided an opportunity to furnish the bid items at the amount bid by
the lowest,responsive,responsible bidder.
3.5 METHOD OF AWARD:
3.5.1 Staff Review/Recommendation. 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. The City reserves the right to consider award to
secondary and tertiary vendors. The City will strive to place all orders with primary vendor; however, the City
may release orders to secondary or tertiary vendor,in order of award,for non-performance,delay in delivery or
for any other reason when In the best interest of the City to do so.
3.5.2 City Manager's Review.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.
3.5.3 City Commission Authority.The City Commission shall consider the City Manager's recommendations)
and, may approve or reject the City Manager's recommendation(s), In any case, the Mayor and City
Commission shall select (and may authorize value engineering) with the bidder(s) which the Mayor and
Commission deem to be in the best interest of the City. The City Commission may also reject all bids received.
The approval of the City Commission shall be final and constitute, together with the bid offer and solicitation
documents, a binding and enforceable contract, In the dispute or discrepancy among documents, the order of
priority shall be established in accordance with Section 2.45.
3.5.4 Best Vendor.In addition to price and other requirements,the City shall consider the following in making
an award determination:
(1)The ability,capacity and skill of the bidder to perform the contract.
(2)Whether the bidder can perform the contract within the time specified,without delay or interference,
(3)The character,integrity, reputation,judgment,experience and efficiency of the bidder.
(4)The quality of performance of previous contracts.
MIAMI BEACH
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ITB 2013-373-MF Section 3-Special Conditions
POLYMER WATER METER BOXES AND COVERS
(5)The previous and existing compliance by the bidder with laws and ordinances relating to the contract.
3.5 TERM OF CONTRACT:
This contract will commence on the first calendar day of the month succeeding approval by the City
Commission of the contract, unless otherwise stipulated in the Notice of Award letter, and contingent upon the
completion and submittal of all required bid documents. This contract shall remain in effect for three(3)years;
provided that the services rendered by the Bidder during the contract period are satisfactory and that City
funding is available,as appropriated on an annual basis and upon completion of the expressed and/or implied
warranty period. The price offered by the Bidder in its Bid Proposal shall be fixed for the original three(3)year
term of agreement.
3.6 OPTION TO RENEW:
The City,through its City Manager,shall have the option to renew this contract for an additional three(3)one-
year periods on a year-to-year basis. Prior to completion of each exercised contract term, the City may
consider an adjustment to price based on changes in the applicable CPI-U index.
It is the vendor's responsibility to request any pricing adjustment under this provision. For any adjustment to
commence on the first day of any exercised option period, the vendor's request for adjustment should be
submitted 90 days prior to expiration of the then current contract term, The vendor adjustment request should
not be in excess of the relevant pricing index change. If no adjustment request is received from the vendor,the
City will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment.
Any adjustment request received after the commencement of a new option period may not be considered.
The City reserves the right to negotiate lower pricing for the additional term(s) based on market research
information or other factors that influence price. The City reserves the right to apply any reduction in pricing for
the additional term(s)based on the downward movement of the applicable index.
The City reserves the right to reject any price adjustments submitted by the vendor and/or to not exercise any
otherwise available option period based on such price adjustments. Continuation of the contract beyond the
initial period, and any option subsequently exercised, is a City prerogative, and not a right of the vendor. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
Should the vendor decline the City's right to exercise the option period, the City may consider the vendor in
default which decision may effect that vendor's eligibility for future contracts.
NOTE: IF MULTIPLE VENDORS ARE INVOLVED UNDER THE GIVEN CONTRACT,ANY
OPTIONS TO RENEW WILL BE RESTRICTED TO THE SPECIFIC ITEMS OF
WORK INITIALLY AWARDED TO ANY SPECIFIC VENDOR.
3.8 PRICES:
See General Condition 2.3
3.9 EXAMINATION OF CITY FACILITY AND INSPECTION OF CITY EQUIPMENT:
See General Conditions 2.33 and 2.36.
3.10 EQUAL PRODUCT:
The manufacturer's name, brand name and/or model number information contained in this solicitation are being
used for the sole purpose of establishing the minimum requirement of level of quality,standard of performance,
and design and is in no way intended to prohibit the offer of another manufacturer's items of equal material
unless otherwise indicated on the Bid/Proposal Submission Form. When submitting an "equal" product, this
MAMIBEACH
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ITB 2013-373-MF Section 3-Special Conditions
POLYMER WATER METER BOXES AND COVERS
specific solicitation requires submission of the following documentation to enable City evaluation of "equal"
products:
Product Information Sheets(with bid submission)
Product Samples with Initial Offer(not applicable)
Product Samples Upon Request
Product labels(with bid submission)
Performance Test Results(with bid submission)
If an"equal"product may be considered by the City in accordance with the Bid/Proposal Submission Form,the
unit shall be equal in quality and standards of performance to the item specified in the solicitation. Where an
"or equal" item is offered, and product Information sheets are required, the initial offer must be accompanied
with two(2)complete sets of product information sheets(such as factory specifications,standard manufacturer
information sheets, catalogues, and brochures), and if required, two (2) copies of performance test results of
the unit offered as an equal. Also for product information submittals,all supporting documentation submitted by
the offeror must in total meet the required specifications set forth in this solicitation.Where the standard product
literature submitted with the offer provides information that does not comply with the specifications,the offeror
shall state, in an official letter on corporate letterhead as part of their initial offer, the differences between the
item they are specifically offering, and the equipment described by the standard product literature, to
substantiate compliance to all of the specifications set forth in this solicitation. In such cases, any offer
submitted with standard product literature but without the letter explaining compliance will result in the rejection
of the offer for not meeting the solicitation specifications.
If samples of all"or equal"items bid are required for evaluation,such items are to be provided at no cost to the
City, and should be submitted with the initial offer, or at the time of specific request. Failure to meet this
requirement may result in your offer being rejected.
For "equal" products to be evaluated based on submission of product labels, the initial offer should be
accompanied with labels indicating the specification and ingredients for each"or equal"item offered. Failure to
meet this requirement may result in your offer being rejected.
The City shall be sole judge of equality, based on the best interests of the City, and its decision in this regard
shall be final. items labeled"No Substitute"on the City's Bid/Proposal Submission Form are the only products
that will be accepted under this solicitation.
3.11 LIQUIDATED DAMAGES:
Omitted intentionally,
3.12 INSURANCE REQUIREMENTS:
The vendor shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center
Drive, 31,1 Floor, Miami Beach, Florida 33139, Certificate(s)of Insurance which indicate that insurance coverage
has been obtained which meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440.
B. Commercial General Liability insurance on a comprehensive basis, to include Products/Completed
Operations, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and
property damage. City of Miami Beach must be shown as an additional insured with respect to this
coverage.
C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection
with the work, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and
property damage.
All insurance policies required above shall be issued by companies authorized to do business under the laws of
the State of Florida,with the following qualifications:
10 MIAM1131-ACH _ E
I
ITB 2013-373-MF Section 3-Special Conditions
POLYMER WATER METER BOXES AND COVERS
The company must be rated no less than "B" as to management, and no less than "Class W as to financial
strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey,or its equivalent,subject to the approval of the City Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance
Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of
Insurance and are members of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in
advance notice to the certificate holder.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
3rd FLOOR
MIAMI BEACH,FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this
section or under any other section of this agreement.
3.13 BID GUARANTY:
Intentionally omitted.
3.14 PERFORMANCE BOND:
Intentionally omitted.
3.15 CERTIFICATIONS:
Intentionally omitted.
3.16 METHOD OF PAYMENT:
The vendor shall submit an invoice to the City user department(s)that requested the items through a purchase
order. The date of the invoices shall not exceed thirty(30)calendar days from the delivery of the items, Under
no circumstances shall the invoice be submitted to the City in advance of the delivery and acceptance of the
items. In addition the invoice shall reference(or include a copy of)the corresponding delivery ticket number or
packing slip number that was signed by an authorized representative of the City user department at the time the
items were delivered and accepted.Failure to submit invoices in the prescribed manner will delay payment.
3.17 SHIPPING TERMS:
All bidders shall quote prices based on F.O.B. Destination and shall hold title to the goods until such time as
they are delivered to,and accepted by,an authorized City representative at the Public Works Division.
3.18 DELIVERY REQUIREMENTS:
The vendor shall make deliveries within 10 calendar days after the date of the order. All deliveries shall be
made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by
the vendor(s); except in such cases where the delivery will be delayed due to acts of nature, strikes, or other
causes beyond the control of the vendor. In these cases, the vendor shall notify the City of the delays in
advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the
City.
Should the vendor(s)to whom the contract(s)is awarded fail to deliver in the number of days stated above,the
City reserves the right to cancel the contract on a default basis after any back order period that has been
specified in this contract has lapsed. If the contract is so terminated, It is hereby understood and agreed that
the City has the authority to purchase the goods elsewhere and to charge the incumbent vendor with any re-
G? MIAMSEACH
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� i
ITB 2013-373-MF Section 3-Special Conditions
POLYMER WATER METER BOXES AND COVERS
procurement costs. If the vendor fails to honor these re-procurement costs,the City may terminate the contract
for default.
Certain City employees may be authorized in writing to pick-up materials under this contract. Vendors shall
require presentation of this written authorization. The vendor shall maintain a copy of the authorization. If the
vendor is in doubt about any aspect of material pick-up,vendor shall contact the appropriate user department to
confirm the authorization.
3.19 BACK ORDER ALLOWANCES:
The City shall not allow any late deliveries attributed to product back order situations under this contract.
Accordingly,the vendor is required to deliver all items to the City within the time specified in this solicitation and
resultant contract; and no grace period on account of back order situations shall be honored, unless written
authorization is issued by the user department, and a new delivery date is mutually established. In the event
that the vendor fails to deliver the products within the time specified, the City reserves the right to cancel the
order,seek the items from another vendor, and charge the incumbent vendor for any re-procurement costs. If
the vendor fails to honor these re-procurement costs,the City may terminate the contract for default.
3.20 WARRANTY/GUARANTEE REQUIREMENTS:
Traffic load rated water meter covers shall have a ten(10)year warranty and shall be replaced at no cost by the
manufacturer if lid fails during the warranty period. All other boxes and covers shall have a minimum of one
year warranty from date of acceptance by the City. This warranty requirement shall remain in force for the full
period identified above; regardless of whether the bidder Is under contract with the City at the time of defect.
Any payment by the City on behalf of the goods or services received from the bidder does not constitute a
waiver of these warranty provisions.
3.21 BALANCE OF LINE:
Bidder should state the percentage discount offered to the City for all other related items,other than the specific
unit price items, offered by the manufacturer(s) proposed by the bidder in the space provided on the bid form.
The purpose of the Balance of Line is to provide the City with a supply source for items related to the scope of
this solicitation, whose identification and quantity requirements can be established after award, at discounted
prices. When placing orders for balance of line Items,the City will request quotes from the vendor providing the
highest discount for the manufacturer stated, or from other vendors providing discounts for the same
manufacturer when in the best interest of the City. The City will only consider balance of line items from
primary,secondary and tertiary awarded vendors.
MIAMI BEACH
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.'y
ITB 2013-373-MF Section 4-Technical
POLYMER WATER METER BOXES AND COVERS Specifications
SECTION 4.0
TECHNICAL SPECIFICATIONS
4.1 MINIMUM REQUIREMENTS. The following minimum requirements will be considered in the review of each bidder's
response. Failure to meet or exceed minimum requirements will disqualify bidder from consideration,
4.1.2 Authorized distributor; Bidder shall provide a letter from the manufacturer stating that bidder is an authorized
distributor of the manufacturer or supplier proposed.
4.2 TECHNICAL SPECIFICATION. The Contractor shall provide all equipment, tools, labor, transportation, and incidentals
necessary for the purchase and delivery of water meters as specified herein.
4.2.1 Product Description
Polymer meter boxes and covers shall be CDR/Hubbel, or approved equal. Model numbers are provided for bidder's
reference to show box and cover dimensions and design.Other acceptable manufacturers include,but are not limited to,
Highline Products and Glasmasters. Covers proposed shall be built to fit existing meter boxes, which are CDR(refer to
Section 3.10 for submittal requirements when equal product is proposed.)
The covers for the meter boxes shall have the words "Water" or"Sewer" permanently marked on the top of the lid or
cover for ease Identification.The letters shall be slightly raised.
. . . . . . . . . .
. . . . . . . .
. . . . . . . . .
.... . . . . . .
. . . . . . . . . . ..
JC�k
. . . . . . . . . . . . . . . . . . . . . . .
f
i
hf1Al )BEACH
i
ITB 2013-373-MF Section 5—Bid Price Form
POLYMER WATER METER BOXES AND COVERS
SECTION 5.0 — -
� V SID PRICE FORM
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the
requirements of this ITB,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 Bid Price Form
(Section 5)shall be completed mechanically or, if manually, In Ink, Bid Price Forms (Section 5) completed in pencil shall be
deemed non-responsive.All corrections on the Bid Price Form(Section 5)shall be initialed,
Item Totif
r •
Ulm Unit Cost • •
iatit
1 CLEAN OUT SEWER BOX,TRAFFIC
RATED CDR PIN WB04-1015-H2O orequal 100 Each $ 45.00 $ 4500.00
i
Make Offered; CDR Model Offered: B14101512M
2 SOLID COVER TO READ"SEWER",BOLT
DOWN,CDR PIN WC00-1015-02-45Lps or
equal 50 Each $ 27.75 $ 1387.50
Make Offered: CDR Model Offered: C20101502AOIJX
3 METER BOX,FLARED WALL
CDR PIN WB00-1118-12 orequal 250 Each $ 39.oo $ 9750.00
Make Offered: CDR Model Offered:B00113.8501
4 SOLID COVER,TO READ"WATER"
CDR PIN WC00-1118-02 ore ua! 325 Each $ 25.00 812 5.0 0
Make Offered:CDR Model Offered: C00111802Q
5 METER BOX,FLARED WALL
CDR PIN WB00-1324.12 H-20 ore ual 150 Each $ 64,40 $ 9660.00
Make Offered: CDR Model Offered: B 0 01.3 2 412 M
6 SOLID COVER,TO READ"WATER" ;
CDR PIN WCO2-1324-02 orequal '225 Each $ 35.60
$ 8010.00
Make Offered: CDR Model Offered: C00132402Q ,
7 METER BOX,FLARED WALL,
CDR PIN WB00-1730-12 orequal 200 Each $ 79.00 $ 15 8 0 0.o o '
Make Offered: CDR Model Offered: BQ0173012M
3 SOLID COVER,TO READ"WATER" j
CDR PIN WC00-1730-02 orequal, 275 Each $5 3.4 0 $ 14685.00
1
Make Offered: CDR Model Offered: C 0 017 3 0 0 2 Q
9 METER BOX, FLARED WALL
CDR P/N WB20-2.436-18 ore equal 10 Each $ 2 6 5.o o $ 2 6 5 0.0 0
Make Offered: CDR , Model Offered: B00243618M
10 SOLID COVER,TO READ WATER
CDR P/N W002-2436-03 or equal 15 _ Each $ 222.00 $ 3330.00
Make Offered: CDR Model Offered: C00243603Q' '
TOTAL 77,s97.5o
-12-
ITB 2013-373-MF Section 5—Bld Price Form
POLYMER WATER METER BOXES AND COVERS
i3ALANCE OF LINE
der • • • • • • • ,
pt6pbs0d.The City Will onlycoosider Ulla'add of 141he item frotti pfitnaty,secondary at1d tei'Viary awarded vehdors afid only for.
Manufacturer:CDR 25%Discount Offered from MSRP Manufacturer: %Discount Offered from MSRP
Manufacturer: _%Discount Offered from MSRP Manufacturer: %Discount Offered from MSRP
Sidder's Affirmation
Bidder:Ferguson ter rises Inc.
Address: 1950 NW 18th Street
Telephone: 954-973„8100 ;
Email: ason.mueller fer uson.corn
Authorized Representative: Jason Mueller,
” Authorized Representative's Signature: y't�?Al z„
i
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-13- i
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I
ITB 2013-373-MF Section 6-Bid Certification&
POLYMER WATER METER BOXES AND COVERS Affidavits
SECTION 6,0
BID CERTIFICATION &AFFIDAVITS
Faillure to stibmit.50ction 6, Bid Cortifi0tion Affid8vits,in its entiretVand fully exectited by the deadline
establi8hed foil the receipt of or • proposal
•• • •-
6.1 General Proposer Information,
FIRM NAME:
Ferguson Enterprises Inc.
NO OF YEARS IN BUSINESS: NO OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES:
50 1 26 10,000
OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:
Ferguson Waterworks
FIRM PRIMARY ADDRESS(HEADQUARTERS):
12500 Jefferson Ave, _
CITY:
Newport News
STATE:
Virginia
TELEPHONE NO.:
757-874-7795
TOLL FREE NO,:
800-477-0876
FAX NO.:
757-989-2501 _
FIRM LOCAL.ADDRESS:
1950 NW 18th St. • �_
CITY:
Pompano Beach f
STATE:
Florida
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: I
Jason Mueller
ACCOUNT REP TELEPHONE NO,:
954-973-8100
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL:
rason.muellen�Dfercluson.com RAL TAX IDENTIFICATION NO,:1211771 i
The City reserves the right to seek additional information from bidder/proposer or other source(s),including but not limited to:any
firm or principal information, applicable licensure, resumes of relevant individuals, cllent Information, financial information, or any
information the City deems necessary to evaluate the capacity of the bidder/ proposer to perform in accordance with contract ;
requirements.
d
-14-
ITB 2013-373-MF Section 6—Bld Certifloatlon&
POLYMER WATER METER BOXES AND COVERS Affidavits
M""Y �"1M�'MNI'R gtl�l'11KW��.'.Y`41n"IW'IYWY71(IMIIMf+'r"MwrnnH:yyy.y�,•r^'ytix�y,'."�ryp�'+�w�w�rrlMR4b'!W/•:UINMNWWLWIT" Y+"'� 4 %.1t7'�N7pK'�M N7M►'NgMINC�'yVY/��M
6.2. Acknowledgement of Addendum. After Issuance of solicitation, the City may have released one or more
addenda to the solicitation, which may provide additional Information to proposers or alter solicitation
requirements, Proposers are solely responsible for assuring they have received any and all addenda 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 Initial to Initial to
Confirm Confirm Confirm
Recei t Receipt Receipt
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
If additional confirmation of addendum Is required,submit under separate cover.
6.3. Miami Beach Based(Local)Vendor,Is proposer a Miami Beach based firm?
YES t X I NO
SUBMITTAL. REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax
Receipt issued by the City of Miami Beach AND proof of business residency with the City for at least one year
prior to bid submittal,as required pursuant to ordinance 2011-3747.
6.4. Veteran Owned Business.Is proposer a veteran owned business?
YES XO NO
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a
documentation proving that firm Is certified as a veteran-owned business or a service-disabled veteran owned
business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-
3748,
6.5. Financial Capacity.Proposers shall request Dun&Bradstreet to submit directly to the City through electronic
means by the proposal due date,or within three(3)days of notification,a Dun&Bradstreet Supplier Evaluation 7
Report on line directly from Dun&Bradstreet,The prospective Provider shall request the report from D&B at:
https://supplierportal,dnb,com/webapp/wcslstoreslservleUSupplierPortal?storeld=11696
The City reserves the right to require other financial Information (e,g,, audited financial statements, bonding
capacity,credit history,etc.),as part of the solicitation submittal requirements or during the evaluation process,
as necessary to evaluate financial capacity.
NAO.1 INACi i --
-15-
i
1.
ITB 2013-373-MF Secdon 6—Bid CMIficdon&
POLYMER WATER METER BOXES AND COVERS Affidavits
•� -
6.6. 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: Proposer shall submit a minimum of three(3)references,Including the following
Information: 1) Firm Name, 2) Contact Individual Name&Title, 3)Address,4)Telephone, 5) Contact's Email
and 6)Narrative on Scope of Services Provided,
6.7. • Public Entity Crimes. In accordance with Florida Statutes, any bidder or bidder's principals,including officers,
directors, executives, partners, shareholders, employees, members, agent or as otherwise defined in Florida 1
Statute 287.133,including Joint venture partners,who have been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal,or.reply on a contract to provide any goods '
or services to a public entity;may not submit a bid, proposal,or reply on a contract with a public entity for the
construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of
real property to a public entity; may not be awarded or perform work as a contractor,supplier,subcontractor,or
consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided In Florida Statute 287,017 for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted vendor list, Has proposer ever been debarred,
suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector
agency? !
YES NO !
SUBMITTAL REQUIREMENT: If answer to above is "YES,' Proposer shall submit a statement detailing the
reasons that led to the violatlon(s)or contract cancellation(s),
6.8. Vendor Campaign Contributions.Proposers are expected to be or become familiar with,the City's Campaign
Finance Reform laws, as codified in Sections 2-487 through 2.490 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied
with, and shall be subject to any and all sanctions, as prescribed therein, Including disqualification of their
Proposals, in the event of such non-compliance,
SUBMITTAL REQUIREMENT: Submit the names of all Individuals or entities(Including your sub-consultants) '
with a controlling financial interest as defined in ITB. For each individual or entity'with a controlling financial
Interest Indicate whether or not each Individual or entity has contributed to the campaign either directly or
indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami
Beach. j
a
6.9. Code of Business Ethics. Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do i
business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Department
of Procurement Management(DPM)with its bid/response or within five (5)days upon receipt of request, The
Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and
regulations Including, among others,the conflict of interest, lobbying and ethics provision of the City of Miami
Beach and Miami Dade County, i
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics,In lieu of submitting Code
of Business Ethics, proposer may submit a statement indicating that It.will adopt, as required in the ordinance,
the City of Miami Beach Code of Ethics,available at www,mlamibeachfl,gov/procuremenu,
6s��---L ving-WaV&-P-W uant-te4eeti eaGl;4#y-Cede,as-sa e-may be-amended ftem time-te
41 MG,-propeseFG Shall be Faq aired-to pay-all-emhieye ,
�e0y4 v+ @-wage-rates-lieted-belew
-16-
i
ITB 2013-373-MF• Section 6--Bid Certification&
POLYMER WATER METER BOXES AND COVERS Affidavits
}eF1eIF}�Ntth-Gitj 441 0042 13(Cher 1 2942) the hourly Ihrinn rata � ilwni-Re
$42 /4-w+#i-#eaI1h a6efits-,and$1 924hr yet t efit
>th Gape beRefits Fate may, by Res-Glu 1 4
annually fo eF PriGG index 1GF all Miami/pt- au eF
tssu h e er Stat+sty ese&g a aF al
index shalt eacaee4414K)e-peFGeet- -The£+ty,la el�tisF�e4 ge-Fate
In any pa&ular year,if d4o-kmplemeRt Game-(In-a-pa&Wa�e ,
d, uRder which
the-Glty-ray;at-its-sole-eptle -IrleIately-deed-saki pFepeseF-as nen-re sponsive,
pFo,.p�ese+r--to-addlttenakpe�Ittes-and-4ines;as-pFOVlded-In--tha City's I i�;g-4ag 'l apse,as a�f;�I ended-
1-ti4her4fomYat4n-e+the Living IA/nn l-equi��ir.,_,_nme�e�Tm��ee YtpFB� Ct�t
,Sr l ateM i;TA�R�€ `1~ "
ent: i
6.1�. Equal Benefits for Employees with Spouses and Employees with Domestic partners. When awarding
competitively solicited contracts valued at over•$100,000 whose contractors maintain 51 or more full time
employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners I
Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are j
awarded a contract pursuant to competitive bids,to provide"Equal Benefits"to their employees with domestic
partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor
who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in
the United States, but outside of the City of Miami Beach limits, who are directly performing work on the
contract within the City of Miami Beach, ;
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of
employees?
Q YES NO
B, Does your company provide or offer access to any benefits to employees with (same or opposite sex)
domestic partners or to domestic partners of emolo ees?
0 YES C NO
C. Please check all benefits that apply to your answers above and list In the"other"section any additional benefits
not already specified, Note;some benefits are provided to employees because they have a spouse or domestic
partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner, such
as medical Insurarce,
I
BENEFIT Firm Provides for Employees Firm Provides for Employees Firm does not Provide Benefit {
with Spouses with Domestic Partners
Health Yes Yes,
Sick Leave Yes Yes
Family Medical Leave Yes Yes
Bereavement Leave Yes Yes
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.
-17-
ITB 2413-373-MF Section 6—Bid Certification&
POLYMER WATER METER BOXES AND COVERS Affidavits
Approval Is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits
requirement is available at www.miamlbeachfl.gov/procurement!.
SUBMITTAL REQUIREMENT: YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit
marked in Question 2C.Without proper documentation,your company cannot be certified as complying with the
City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical
insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan
document; to document leave programs, submit a copy of your company's employee handbook. If
documentation for a particular benefit does not exist,attach an explanation,
6.12. Equal Product Proposed: Bidder must submit the following documentation to enable City evaluation of"equal"
products:
Product Information Sheets
Product labels
Performance Test Results
Product Samples may be required upon request from City after receipt of bids.
NMMAI BEACH
i
is
CODE OVETHICS
STANDARDS OF BUSINESS CONDUCT
%FERGUSON
ENTERPRISESINC,�
Revised August 2013
" FERGUSON
ENTERPRISES.,INvo
Dear Associates: ;
Ferguson Enterprises, Inc.'s ("Ferguson") superior reputation for integrity is a priceless
asset which must be continually safeguarded by all of us. To succeed, we must have the trust
and confidence of the public and, especially, our fellow associates, customers and suppliers. In
furtherance of Ferguson's proud tradition, Ferguson's Board of Directors has adopted Ferguson
Enterprises, Inc. Code of Ethics & Standards of Business Conduct ("Ethics Code") as the
cornerstone of the company's ethical business standards to guide us in our conduct and business
relationships.
You are expected to read and understand the Ethics Code and are required to certify your
commitment to comply. No code of conduct,however, can cover all circumstances or anticipate
every situation. If you encounter situations not addressed specifically by the Ethics Code, you
should apply the overall philosophy and spirit of the Ethics Code. It is the personal
responsibility of each of us to perform our responsibilities with integrity: and honesty in
accordance with all laws and regulations and in conformity with the highest ethical standards.
To maintain our position of leadership in an increasingly competitive:marketplace, all of
us, together with our suppliers, must share an uncompromising commitment to excellence. We
must also recognize, however, that no matter how competitive the environment in which we
operate, our success rests ultimately on the integrity with which we conduct our business
relationships. Maintaining Ferguson's superior reputation for integrity is-paramount among our
corporate objectives.
In the end, Ferguson's reputation rests in our hands. Each of us must maintain high
ethical standards and consistently demonstrate the integrity and honesty that has been Ferguson's
hallmark.
Frank Roach
Chief Executive Officer
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I. BUSINESS ETHICS.
Ferguson Enterprises,Inc. (the "Company")and its subsidiaries and associates have a proud
tradition of commitment to the highest standards of business conduct. These standards are the very
cornerstone of all the Company's business relationships. Everyone associated with the Company
must maintain these standards in their dealings with the Company, with one another and with
customers,suppliers and the public.
Associates must always strive to keep their conduct in strict compliance with both the letter
and spirit of all applicable laws, regulations and Company policies. Respect for and compliance
with laws and regulations that apply to our business are fundamental. Equally important,however,
is compliance with standards of fairness, honesty and integrity that may not be the subject of
specific laws or regulations but which nonetheless govern our conduct. Each situation needs to be
examined under applicable legal and ethical standards. No questionable practice can ever be
justified because it is "customary"outside of the Company.
The Company embraces this Code of Ethics and Standards of Business Conduct ("Ethics
Code") as Company policy. It is the responsibility of each associate to be aware of these ethical
standards as well as applicable laws and regulations,and to abide by them in all business dealings.
A. Company Assets.
Each associate is personally responsible for safeguarding and protecting the assets
and property of the Company. Failure to do so may harm the reputation of the Company or
create financial liability. The use of Company assets and property for any unlawful or improper
purpose is strictly prohibited. Misappropriation of assets and property may constitute an act of
fraud against the Company.
I. Company Records and Communications.
Each associate is personally responsible for reports and records that he or she
generates and for information input into the computer. All Company accounting records, financial
reports and projections, transactional records, sales reports, marketing information, tax returns,
expense accounts, time sheets, and other documents, including those submitted to government
agencies, must be accurate, clear and unambiguous. All entries on the Company's books and
records must represent the true nature of each transaction. The falsification of records is always-
unethical and quite often illegal; it is always unacceptable to the Company. Likewise, associates
must never withhold or fail to communicate information which should be brought to the attention of
higher levels of management. All information transmitted within the Company must be honest and
well founded. Misrepresentations and shading of information that creates a misleading business
picture will not be tolerated. Compliance with prescribed accounting procedures and internal
controls is required at all times. No secret or unrecorded fund or assets may be created or
maintained for any purpose. In addition, the making of false or fictitious entries with respect to
business transactions or the disposition of corporate assets is prohibited, and no associate may
engage in any transaction that requires or contemplates the making of false or fictitious entries.
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2. Confidential Information.
When an associate is entrusted with confidential information about the
Company's business activities or development plans, it is that associate's responsibility to keep
such information confidential. Associates may not act on such information for personal gain
before it has been made public.
Likewise, associates must not misuse confidential information from other
companies with which they have been entrusted. Proprietary information of other companies
entrusted to our possession, including matters covered by confidential agreements, must also be
protected. Examples of confidential information include earnings figures, possible acquisitions
or divestitures, significant new products or processes or contract awards. Allowing such
information to become public could injure the Company and adversely affect interested persons.
Associates must not share proprietary information with fellow associates
who are not specifically authorized to receive it. Secrets that are passed from one person to
another soon cease to be secrets. Careless discussion outside the Company about confidential
information must also be avoided. All financial information must be treated in accordance with
policies and procedures established by the Company's Chief Financial Officer and may not be
disclosed to any third party without prior approval by such officer.
B. Andirust and Trade Relations.
The Company firmly believes that fair competition is fundamental to the continued
success of the free enterprise system. The most important laws regulating competitive practices are
the federal antitrust laws. However, states and foreign countries also have similar laws which
frequently must be considered. In general, these laws prohibit acts that distort the natural economic
forces of supply and demand. Any conspiracy or agreement among competitors which affects such
matters as price,terms of sale,marketing territory, methods of distribution or choice of customers
and suppliers may violate the antitrust laws.
The antitrust and trade regulation laws are too complex to be addressed fully in this
Ethics Code. The Company regularly distributes an Antitrust Compliance Manual to those
associates who may encounter antitrust issues. A copy of this manual is available through the
Company's Antitrust Compliance Officer, and should be reviewed by all associates who encounter
issues in this area. Antitrust compliance programs are conducted in a regular'basis.
C: International Operations.
The standards of ethical conduct in this Ethics Code apply equally to our
international business and to associates located in foreign offices. The fact that,in some countries,
certain standards of conduct are legally prohibited but such prohibitions are not enforced in practice
or their violation is not subject to public criticism or censure does not excuse illegal actions.
Revised August 2013
Each associate involved with transactions outside the United States is responsible for
becoming familiar with the Foreign Corrupt Practices Act and other laws and regulations dealing
with international transactions, to recognize potential dangers and to seek legal advice when
appropriate. United States law imposes severe civil and criminal penalties on individuals and
corporations who give, or offer to give, directly or indirectly, anything of value to any foreign
official for the purpose of influencing the decision of the official or the foreign government.
Associates are prohibited from making direct or indirect payments to foreign governmental officials
or foreign political parties or candidates as an inducement in order to obtain or retain business.
Associates involved in foreign transactions must be familiar with, and strictly adhere to, Company
policies on the use of foreign sales agents. No associate may make any entry in the books and
records of the Company that falsities any foreign transaction.
Associates should consult with the Company's General Counsel if they have any
questions regarding compliance with the laws of any country.
D. Contract Negotiations.
Associates negotiating contracts shall ensure that all statements, communications
and representations made during the course of such negotiations are accurate and truthful.
E. Market In formation.
The Company will compete aggressively for business opportunities, but must also
do so fairly and ethically. In order to be effective competitors, it is important to remain abreast of
developments in the industry and to have available the most up-to-date market information. In
collecting market information, however, associates must not attempt to obtain from any source
information that is improper.or unlawful for the Company to possess.
F. -Political Contributions.
No Company funds or assets, including the services of any associate, will be
contributed, loaned or made available directly or indirectly to the campaign of any*candidate for a
political office. Company stationery, funds and other property may not be used for political
activities.
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The Company encourages its associates to become involved in civic affairs and to
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participate in political.activities. Associates must recognize that their involvement and participation
of political activity must be on an individual basis,on their own time and at their own expense,and '
consistent with federal and state laws. Further,when an associate speaks on public issues outside of
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the Company, it must be made clear that comments or statements made are those of the individual
and not the Company.
II. CONFLICTS OF INTEREST. t
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It is essential that every associate avoid any situation or interest which might create a
conflict of interest with his or her responsibilities to the Company. The term "conflict of interest"
describes any circumstance that could cast doubt on an associate's ability to act with total objectivity
with regard to the Company's interests or the performance of the associate's duties and
responsibilities. All associates have a duty to avoid financial,business or other relationships which
might be opposed to the interests of the Company or might cause a conflict with the performance of
their duties. Associates should conduct themselves in a manner that avoids even the appearance of
conflict between their personal interests and the Company's interests.
In order to protect themselves and the Company from actual or apparent conflicts,associates
may not:
• own a substantial interest-in any organization or enter into any business relationship with
any individual or organization doing, or seeking to do, business with the Company (i.e.,
supplier, customer, competitor), unless approved by the Company's Ethics Program
Administrator. Prompt disclosure to the Ethics Program Administrator should be made if
any associate,or his or her spouse or minor children(i.e.,immediate family member),has a
substantial interest in an organization doing,or seeking to do,business with the Company;
• accept, or allow an immediate family member to accept, business gratuities from any
individual or organization doing or seeking to do business with the Company, except as
provided in Article III below;
• accept, or allow an immediate family member to accept, any work (other than work
performed on behalf of the Company) from a supplier, client or competitor without the
prior disclosure to the Ethics Program Administrator;or
• accept,or do any outside work that may adversely affect his or her performance or judgment
on the job. Associates must disclose any outside employment to their Supervisor and may
not use Company time,facilities or materials for outside work.
H1. BUSINESS GRATUITIES.
Associates must use good judgment in offering, giving or receiving gifts and/or hospitality
including but not limited to entertainment, meals or other things of value (collectively"Gifts and
Hospitality"). Associates are responsible for ensuring that all Gifts and Hospitality given to or
accepted from entities with which the Company does business, or anticipates doing business, are
consistent with accepted business practices, cannot be construed as a bribe and do not violate any
applicable law. The following specific standards apply: '
• Gifts and Hospitality in the form of cash, securities, loans or other payments shall not be
offered,given or accepted regardless of amount.
• Gifts and Hospitality shall not be offered, given or accepted in any circumstance involving
government officials or entities offering subcontracts for government business, except as
Revised August 2013
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specifically approved by the General Counsel as consistent with applicable laws and
regulations.
With regard to circumstances not involving government officials(e.g., elected or appointed
official,employee of the government,or an employee of an entity owned or operated by the
government.),associates may offer,give or receive items of normal value like:
• promotional items(e.g.,pens,calendars,hats,coffee`cups,golf balls);and
• reasonable meals or refreshments in the course of business discussions.
Care shoiild be taken to avoid offering,giving or accepting Gifts and Hospitality under
circumstances which clearly demonstrates"obligations"and"pay back."
Recurring Gins and Hospitality involving the same recipient may be construed collectively as
constituting a bribe even when any individual.event would not.
IV. GO VERWENT CONTRACTS.
A complex array of laws and regulations govern the acquisition of goods-and services by the
government at all levels -- federal, state, local and foreign. Associates involved in government
business have the personal responsibility to be informed regarding applicable laws and regulations,
and to strictly observe them. In addition to the points made elsewhere in this Ethics Code, the
following points are particularly important to bear in mind when dealing with government entities:
• No associate shall submit or concur in the submission of any claims,bids,proposals or any
other documents of any kind that are false,fictitious or fraudulent. Particular attention must
be paid to ensure that pricing and invoicing records are truthful in all cases. Inaccuracies or
misrepresentations may constitute serious criminal violations which could result in
prosecution of the Company and the associate involved. In addition,the Company could be
debarred or suspended from other government work.
• No associate shall collude improperly, or participate in conduct giving any appearance of
improper collusion,with competitors on any government business.
• Where government contracts involve the possession,use or access to classified or otherwise
restricted information, it is essential that the associates involved strictly follow the security
procedures applicable to such information.
• No associate shall attempt to obtain from any source government information that is
procurement-sensitive or security-classified,nor information regarding competitors'bids or
proposals in circumstances where there is reason to believe the release of such information
is not authorized.
V. CO1V puANCE.
Revised August 2013
A. Compliance Program.
In keeping with its commitment to the highest standards of ethics and business
conduct, the Company has established a business ethics program to ensure compliance with this
Ethics Code. The program addresses associates'personal responsibilities and provides for education
and training, reporting of possible violations, investigations of reported violations and compliance
audits. The Company's Board of Directors has established an Ethics Committee which is
responsible for the program. The Ethics Committee shall be comprised-of the Company's President,
Chief Financial Officer, a Regional Manager,Director of Human Resources, General Counsel and
the Ethics Program Administrator. The Ethics Program Administrator, in conjunction with the,
General Counsel, shall also be responsible to the Ethics Committee and ultimately to the full Board
of Directors for day-to-day administration and implementation of the program. This program will
enhance the Company's ability to address and correct improper conduct,should any occur.
The Ethics Program Administrator has responsibility for ensuring the Company's
continuing compliance with the Ethics Code, legal. requirements and Company policies and
procedures. The Ethics Program Administrator shall:
• establish and maintain a program to educate and train associates in the Ethics Code,contractual
and legal requirements,and policies and procedures;
• review matters that arise in connection with compliance by individual associates;
• investigate reports of suspected violations of the Ethics Code,legal requirements and Company
policies and procedures and, upon completion of such investigation, follow-up with the
associate who made the originating report;
• assist the Company's Audit Committee in establishing and maintaining audit procedures to
verify compliance with the Ethics Code,legal requirements and policies and procedures; and
• recommend changes in the Ethics Code and related policies and procedures to prevent violations
of laws,regulations and general ethical principles.
B. Education and Training,
The Company is committed to the education and training of its associates in the
standards contained in the Ethics Code. The Ethics Committee, through the Ethics Program
Administrator, shall ensure that all associates receive training at least annually in standards of
business conduct and related policies and procedures. All associates shall receive a copy of the
Ethics Code; each associate shall be required to sign an acknowledgment evidencing his or her
receipt and understanding of the Ethics Code and his or her commitment to abide by the standards
contained therein.
C. ;Responsibility for Compliance.
All associates should be alert and sensitive to actions by themselves or others that
might lead to violations of the Ethics Code,legal requirements or Company policies and procedures.
Revised August 2013
An associate who is uncertain about proper conduct in a particular situation,concerned about his or
her own conduct, or believes that a fellow associate (knowingly or unknowingly)may have acted
improperly should contact either his or her immediate Supervisor, his or her Branch Manager or
Department Head,the Ethics Program Administrator or the Company's Genet al Counsel.
Normally,associates should first discuss any concerns or suspected-violations of the
Ethics Code, Company policies or. procedures or perceived illegal activities with his or her
immediate Supervisor, Branch Manager or Department Head. Such discussions may lead to
resolution of problems with the branch or department. An associate who is not comfortable
bringing a matter to his or her Supervisor, Branch Manager or Department Head is expected to
discuss it with the Ethics Program Administrator. An associate should discuss with the Ethics
Program Administrator any situation that the associate feels has not been resolved properly by a
Supervisor,Branch Manager or Department Head. Matters may also be discussed with the General
Counsel or directly with any other member of the Ethics Committee.
All associates have a personal responsibility to question possible misconduct and to
resolve any doubts or uncertainties relating to ethical questions in accordance with the procedure as
set forth herein. This applies to activities of other associates, as well as oneself, and may involve
apparent conflicts between actions the associate has been directed to take and this Ethics Code. If
there is any question concerning the applicability of this Ethics Code to any situation in which an
associate may become involved, or to any situation he or she may have knowledge of, it is
important that the associate review the matter with appropriate personnel within the Company.
Failure to submit such information is a violation of this Ethics Code. Reports of suspected
violations should include the factual basis for the allegations,'citing, for example, persons,
documents, events and meetings. The submission of information which is known to be false also
violates this Ethics Code.
An Ethics Compliance Hotline has been established for reporting possible violations
of this Ethics Code. The phone number is 1-877-467-9581. For questions on the policy,contact the
ethics program administrator.
Associates may report matters anonymously and, in any event, without fear of
retaliation. No individual to which a matter is reported shall reveal the reporting associate's identity
without the associate's permission, unless disclosure is unavoidable during an investigation. It is a
serious violation of this Ethics Code for anyone to threaten, initiate or encourage reprisal action
against an associate or other person who in good faith reports known or suspected Ethics Code
violations. Disciplinary action will be taken against anyone who retaliates, threatens retaliation or
encourages others to retaliate.
An associate who was involved in improper activity may be disciplined even if the
associate reported the activity. Voluntary disclosure will be given consideration in determining
disciplinary action against the reporting associate.
D. Audits.
The Audit Committee of the Board of Directors is responsible for establishing and
maintaining the Company's audit program. Audits include evaluating compliance with this Ethics
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Code and Company policies and procedures, reviewing the quality and integrity of financial
statements,evaluating the economical and efficient use of resources and reviewing internal controls
and management systems. Auditors will report promptly suspected improprieties to the Ethics
Program Administrator and the Audit Committee.
E. Consequences of Violations.
Each associate is responsible for ensuring that his or her conduct,and the.conduct of
all associates reporting to him or her, complies fully with the policies governing the Company's j
business dealings. Compliance, both personal and by subordinates, will be a factor in associate's
performance appraisals. Any associate who violates the Ethics Code is acting outside the scope of
his or her employment and is subject to disciplinary action, including, without limitation, oral
reprimand,written reprimand, suspension or immediate termination. In addition,violations of this
Ethics Code may also constitute violations of law which may expose offending associates to civil or
criminal charges and penalties,Including imprisonment.
VI. CONCL USION.
The Company's Board.of Directors and its senior management are absolutely committed to
compliance with the spirit and intent of this Ethics Code. The Company not only expects, but
requires, the same commitment from all its associates. The Company will support and assist all
associates'efforts to comply with these standards and,furthermore,expects competitors, customers,
and suppliers to subscribe to similar ethical requirements.
This Ethics Code is but a start; it is not possible to list all conflicts of interest and other
unethical business practices. The best guidelines are individual conscience, common sense and a
careful and unwavering compliance with all applicable laws and the spirit of this Ethics Code.
Revised August 2013
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Thomas Sullivan
Eastern Regional Sales Manager
ENCLOSURES&DRAINS
H L
T HUBBELL POWER SYSTEMS,INC.
3125 Southern Ifills Circle West
Jacksonville,FL 32225
December 3,2013
To Whom it May Concern,
This letter is to confirm that Ferguson Enterprises is a national distributor of Hubbell Power Systems and it's
products. The products that they distribute include but are not limited to Quazite and CDR below ground meter
boxes. Please feel free to contact me if you have any fli then questions.
Respectfully,
Thomas Sullivan
Eastern Regional Sales Manager
404-596-1422
tmsullivan@hubbell.com
hubbell.com
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References .
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The following s a list of at least four(4)4 references that Bidder has rovided similar service in the past
9 � ) P
three(3) years.
1. Name of Firm or Agency: City of Boca Raton
Address: 201 W Palmetto Road
City/state/Zip: Boca Raton FI 33432
Contact: Fernando Villalobos Title: Purchasing
Telephone: ,561393-7875 Fax: .561393-7983 Email fviilalobosdm o aam
Scope of work: Water Meter Fittings and Water Accesories
2. Name of Firm or Agency: Broward County WWS/FOD
Address: 2555 W Copans Rd
City/State/Zip: Pornpano Beach,FI, 3 069
Contact: Fdward Din? Title: Purchasing
j Telephone: 954-831-0813 Fax: 954-831-0849 Email eddiaz bro ayy rd.or_a__
Scope of Work: Water Meter Fittings and Water Accesories
3. Name of Firm or Agency: Clty_of Sunrise
Address: 10770 W Oakland Park Blvd
City1 State/Zip: .S11111 Ise F, 33351
Contact: Chri'&aQbjel. Title: Purchasing
Telephone: 954-572-2202 Fax: 954-572-2278 Email QSchiel nass unrisefl.qoy_
Sco-pe of Work:
4. _ Name of Firm or Agency:_ City of Plantation
Address: 400 NW 73rd Avenue
City/State/Zip: PlantatinnTFI 3,1117
Contact: Charless Spncel Title: Purchaser
Telephone: 954-452-2544 Fax: .9,54-452-?546 Email F. en er @pla I ora
Scope of Work:
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ITS 2013-373-MF Section 6—Bid Certification&
POLYMER WATER METER BOXES AND COVERS Affidavits
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BID SUBMITTAL,CERTIFICATION
hereby certify that: i, as an authorized agent of the Proposer, am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
Inclusive of this ITB, 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 ITB, and any released Addenda and understand that the following are requirements of this
SOLICITATION and fallure 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 Pro osal Certification,Questionnaire and Re uirements Affidavit are true and accurate,
Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative:
Jason Mueller Outside Sales
Signature of Proposer's Authorized Representative: Date:
10/21/2013
e of Florida
County of Broward
This instrument was signed before me on 10/21/2013
by Jason IVILieller
Print name of Signers)
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J.MATTHEW DAIGGLE
Notary Public-State of Florida
• : Ic My Comm,expires Sep 19,2017 ary Sign ture
Commission#FF 086751 f
Bonded TWO 0.04
Natlfq!>ol NOtery As#tt.
rip
Notary Printed Name
Notary Public for the State of
Aft seal/stamp as close to
signature as possible. My Commission expires. 2171_1 1
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-19-
ITB 2013-373-MF Section 7-"No Bid"Form
POLYMER WATER METER BOXES AND COVERS
NO BID SUBMITTAL
WE HAVE ELECTED NOT TO SUBMIT A BID AT THIS TIME FOR REASON(S) CHECKED AND/OR
INDICATED BELOW:
Workload does not allow us to bid
Insufficient time to respond
Specifications unclear or too restrictive
Unable to meet specifications
Unable to meet service requirements
Unable to meet insurance requirements
Do not offer this product/service
OTHER. (Please specify)
We do do not_want to be retained on your mailing list for future bids of this type
product and/or service.
Signature:
Title:
Legal Company Name:
Note: Failure to respond, either by submitting a bid or this completed form, may result in
your company being removed from our vendors list
PLEASE RETURN TO:
CITY OF MIAMI BEACH
PROCUREMENT
ATTN: MARTA FERNANDEZ-RUBIO
BID #2013-373-MF
1700 Convention Center Drive
MIAMI BEACH, FL 33139
MIA1\A1 BF_ACH
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