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Certification of Contract - Ferguson Enterprises, Inc. G 6r- MIAMIBEACH CITY OF MIAMI BEACH D 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 urchase orders shall show the City of Miami Beach Contract Number p Y 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 11 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 i With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Ferguson Enterprises, Inc. 1950 N.W. 18 1h Street Pompano Beach 33126 Attn: Jason Mueller Phone: 954-973-8100 Fax: 1-800-4770876 E-mail: iason.muellerAlerguson.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. 3 1 f 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. 1 i 4 r. Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused.this Certification of Contract to be signed and attested on this Jut day of Fe b 20 IL/, by their respective duly authorized representatives. CONTRACT CITY OF MIAMI B Y B y Pr side Signature yor Yom 2—/ d Prin N me Date Dat ATTEST: ATTEST: S r tary/Sig ature City Clerk 2 Print Name Date Date :INCORP ORATED' F:\PURC1$ALL\Solicitations\201412014-002-MF-ITB Armored Car Services\Contract12014-002-ITB-MF.doc APPROVED AS TO FORM & LANGUAGE &.FOR EXECUTION ' I y t me Date 5 ! w COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award Contracts Pursuant To Invitation To Bid (ITB) No. 373-2013 For The Purchase Of Pol mer Water Meter Boxes And Covers. Key Intended Outcome Supported: Maintain City's Infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): Issue: Shall the City Commission approve the award of Contracts? 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. Adviso Board Recommendation: NIA 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 2014 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 Ci r City Ma r AD ETC KGB M JLM r T:1AG A120141January\1T3 373-2013 Purchase of Wafer Meters Boxes and Covers SUMMARY.doc [SATE AGENDA ITEM- I A wr ` 115 AVP*k M I AAA I BEAC City of Miami Beach, 1700 Convention Center Drive,Komi Beach,Florida 33139,www.miamibeachfl.gov f COMMISSION M MORANDUM TO: Mayor Philip Levine and Members of e City Corn 'ssion FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: REQUEST FOR APPROVAL TO AWAR CONTRACTS PURSUANT TO INVITATION TO BID (ITB) 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 Hid Proposal shall be fixed far the original three(3)year term of i 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 17'8 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 i October 29,2013. 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&S 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, Inc. $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 ITS by the 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 Ratan, 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. i TAAGENDA=141Januaryl1TB 373.2013 Purchase of Water Meters Boxes and Covers MEMO.doc I . i 117 O I � O M 0 S Cl O N 00 O J S_ Ln LO M l(7 to t0 00 �- m 40 r � M 64 Uri a Y to EFt r 61 664 664 60 64 I aC� O0 LO It N � S N 1 O S O W fV p � � M t Ory7 (0 00 U 69 tf} Et? 6} 64 64 64 N64 R. O O U) 0 N O a S � cOv r O h Ld oo to o0 M N O 00 to O C,) (D v c- O O O N N co M O 0) LO I` M CC Y- W M e= O 400 O C N ER 0�0 (f! 6 9. r ffY b9 a Eg 6% S M T M a) N cMD y 6� 60 60- G S O O S O Q O O Q O O O LO a O � O O O O U) 0 CO N to t~l)_ � M r _? 0 c0 01 op 1L7 V N R W O 03- EA• Eft ER fF3 r 64 �} b'i Z fA Qj CC (] O QO] S O O O O O ° v ci Bi cfl �S cfl c3 c�a co .j � Cl) � � 0 C O © O O O O O O O O O O O O O J Z S N (o(� 0 m S M p LO Cl) I� 6 CO O co co to M o0 C} ti U EH 604 r Ef} LU tf} tft �0. _ p ® �W C ti O O to 0 W M C� C U NV U t C5 U U CV) V hU � N W A N IN Ev U fA U F- ni m 0 cd cV c0 co m co �a U- y m o Q) as a? ar d) M T- LO N M +- N N r ® 'J N N O p N N , N O F @ 0 N _ _ 0 — t} —�v �} mo O° ca<0 U C i ow Nz_3 mN aU 3m 3M Sti Uy � m p .0 CO cwt!} 3r C<>�.. 'o r' -0r -0 t' �7.e 'DN m `� Vin. co �?z m �a vo. �� E.Z � m� Via ' 07 Q' Cr=N m r O ftl co O co N OU0 Ca T �d- Ohm ��M M M O� �M �Q N p ? O yi? 4J yi> 0) O y� U q d O �QO �0 00 7 OZ �' Q ` OZ �' N 0 Q_ M pU= U aa_ � U° mom oma qm� L1.! 'O C7�_O c� aJ io 4J c (D N °J a N +: d) - M .—° cc m C. N +0,O .O OU �� O c0�6- ND ' aJD ' N� ,- O III h. NL] Z5 U �r U).0 (L) 2 N (/J Z�UT U OfA r- C) O (Aa N N cr) ct LO co h 118 :.9� ' MIAMIBEACH City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.mlamibeachfl.gov PROCUREMENT DIVISION Tel:305-673-7490,*Fax:305.673-7851 INVITATION TO BID NO. 2013-373-MF ADDENDUM NO. 1 -October 1.8, 2013 POLY M511 WATER METER BOXES AND COVERS (AND RELATED ITEMS) is amended as follows: I. Deadline for the receipt of bids remains October 29,2013 at 3:00pm. ` II. The following are answers to questions submitted by prospective bidders: Question 1: Could you forward rrie 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),,74r 349-2013, attached. INASMUCH AS THIS CHANGE DOES NOT MATERIALLY AFFECT THE BID DOCUMENT, BIDDERS ARE NOT REQUIRED TO ACKNOWLEDGE THIS ADDENDUM TO BE DEEMED RESPONSIVE. PDzniis MI PEACH Procurement Director rnf i ; f f r I I i. I,' . v ` ,U) Z- ; } w N'": In UR) O O 11 to CA U) Cn 0 C)..tm 0) O f.niN;N h 1,- 09OA ca f d LiM N 0coiCND:M,�: DNS 69'64 O M t` N �' i 69 69 69 69 69; Yc.;! cu im ca ca C13 ca ! : ca m ca l cu LO M CD C%l C14 0 CN C14: � m a� aD p I c -hi. : cn=cn;C.ca 0)o) n t') cn'o}a R sv. = '� _` M aCO of o; o 0) cn o .'C1: 'cri 't LO M v�N i r-dt 00 CD O:M i 6% 64'69•64:69:64 64'69;M N .}r 1 7 Q. CL LU cz .m..; f W m LL im_ �$ / ws' �^ U U 1 0 i0!U U 1 0 C) UIU- cl e � L LL W W! W W I W Q� U, W W} ` LL W X WIX;W X'.W1XcW{ p:>:Q;>Ip}> p:>, co aiQiO:W WjQtW W;�� i `JiQ'�i1 QlLW O'ri]j0 W`Q€ LO C C-4 N:N CV CV N:NiN:00jM' F `.t I NINico m(Y) O I O' r-!�-i cr) r I V lC L (D'N`0 sN C;0 Noff!N! ? Gli (1 mfU,co U m;U I m1U m(U: MIAMI BEACH 1TB NO.: 2013-373-M1F INVITATION TO BID POLYMER WATER METER BOXES AND COVERS (AND RELATED ITEMS) sue'•-:arci:�-'a�s,''r�•-. -.�S�f�r•1 __ 1 _'_'�'_ "+r�y':'a o �t�'�It��'-� - .�r: .a..�:=-,r. _ _ '3 Yr- - z�.••...-.ti•. - -=.�=�T�'!=1 - � - _�; `'�•;�>:':T'�Ie:.af�C.ont� t� �� . � :�°-=.-;,..�" r��:.-��- - ��f -��c --'.F�;�F�.. :.y' .::�....d-. - .....r -.� .a3:�J'.. .l.•.�h�4..: . ........��rT-� _t.-.:�. .. -._..7"rr._,..•Y+,-_�._.�.�i_..`Lf�.._ =:7 Section 1,Instructions to Bidders.............................................................................. P. 1 Section 2, General Conditions...................................................................r................ p. 2 Section 3,Special Conditions r............................................r.................................r... p. 6 Section 4,Specifications&Technical Requirements ....................................r................ p. 11 Section 5, Bid Price Form*..........................r.........r..........r..r.......................................... p. 12 Section 6,Certification&Affidavits,,,,,,,,,,,,,,,,rr,,.......,......,........r................................ pr 14 Section 7,"No Bid"Form ..............r I..........r r.......... ....I.....r..... p. 21 Section 8,Appendixes . _ .... .. .r .. a ,: - ; � ir� �C.. ...r�.'"--'3:.'--.�,,A--1`vT�i19'y 1. .....k.. .« ... Ic .:i.`i•.,. :irz,. y? t''-..r�.• �'' _.. a ;,?'-:•,.,^:'.4. �� .�. r. F�-V .:n. •:r ♦-tom !:....-S.-,r".-.'7r_•^ ..- .. •�I"'_x s••.:^F.:::. .. -.. 1 ITB 2013-373-MF General Information& POLYMER WATER METER BOXES AND COVERS Instructions to Bidders I NO B EAC H SECTION 1, INSTRUCTIONS TO BIDDERS Procurement Contact MMM7Tel Email: MARTA FERNANDEZ-RUBIO 305-673-7000,EXT.62636s MFERNANDEZRUBIO @MIAMIBEACHFLGOV ' P 1 EMENE I IEEE Original Signed Proposal: =Copies of Original Signed Proposal: Electronic Copies(CD-ROM or Flashddve) 1 3 1 ® 1 ® ► e Due Date&Time: Location for Bid Submittal: 3:00 PM, OCTOBER 20, 2013 City of Miami Beach • _ • • • ° Department of Procurement Management • • • • . ® 1700 Convention Center Drive, 3RD Floor • . - • e - e • - - • Miami Beach, Florida 33139 e o e e 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 hfp://library.municode,comlindex.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 this solicitation providing said communication is limited to other than through PublicPurchase must register immediately with matters of process or procedure regarding the solicitation. PublicPurchase to assure receipt of any addendum issued to this RFP. Communications regarding this solicitation are to be submitted in writing Prospective proposers are solely responsible for assuring they have to the Procurement Contact named herein with a copy to the City Clerk received any addendum issued to this RFP. Failure to receive an at rafaelgranado @miamibeachfl.gov. addendum may result in disqualification of proposal submitted. 2. BID PROPOSAL, The Bid Proposal is to include the Bid Price Form (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. http:/i web.miamibeactifl.gov/procuremenYscrcll,aspx?id=23510 The Bid Price Form(Section 5)shall be completed mechanically or, if • CONE OF SILENCE--ORDINANCE N0.2002-3378 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, 0 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 • 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 • LIVING WAGE ORDINANCE—ORDINANCE N0.2010-3682 received after the first Bid has been opened will be considered late and • 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 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 conditions 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, 2.2 DEFINITIONS.The following words,terms and phrases,when used,shall have the or has been approved by the City on a present or pending award for goods, meanings ascribed to them except where the context clearly indicates a different equipme equipment or services,prior to or upon execution of a contract,purchase order or ng 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 ement3.7R90.Or email: this Protect acting directly or through a duly authorized representative. procurementna,miamibeachfl.gov Vendors can register with the City by Bid Solicitation—shall mean this solicitation documentation,Including any and all going to the website:www.mlamibeachfl.aov 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 2.4 TAXES.The City of Miami Beach is exempt from all Federal Excise and State body pursuant to state or local law authorizing such registration,or with an internal registry maintained by the employer of at least one of the domestic partners. A taxes. Contractor may institute an Internal registry to allow for the provision of equal 2.5 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-Quallfication 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 bidder(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 Bidder(s)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 equip men t/supplies shall confonm 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. MAMSEACH -2- i I ITB 2013-373-MF Section 2-General Conditions POLYMER WATER METER BOXES AND COVERS 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 specifications. federal,State of Florida,Miami-Dade County,and City of Miami Beach codes, laws, ordinances,and/or rules and regulations that in any manner affect the 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 agents,from liability of any nature or kind,including cost and expenses for,or that threatens public health and safety, as determined by the City. By virtue of on account of,any copyrighted,patented,or unpatented Invention,process,or submitting a response to this solicitation,vendor agrees to provide all award-related article manufactured or used in the performance of the contract,including its use goods and services to the City on a first priority under the emergency conditions 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 the bidder. Any violation of these stipulations may also result In the bidder's name being removed from the City's vendor list, respects to the standards set forth in the Occupational Safety and Health Act of 1970,as amended,and the failure to comply with this condition will be deemed 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 retumed 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(in 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 Department, Monday through Friday, excluding holidays. Receiving hours are 2.25 ANTIDISCRIMINATION.The bidder certifies that he/she is in compliance with 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,and/or 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 2.18 PAYMENT.Payment will be made by the City after the items have been received, the Special Conditions. After acceptance of the bid, the City will notify the 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 bld surety required as liquidated damages incurred by the City -3- ITB 2013-373-MF Section 2-General Conditions POLYMER WATER METER BOXES AND COVERS 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 . o ff e r on the part of the bidder,which offer shall be deemed accepted upon award of abo v e 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 MODIFICATIONM/ITHDRAWALS 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 itern. It must be a firm delivery time;no altematives and/or exceptions to said requirements, you must notify the ranges(For example,12-14 days)will be accepted. Procurement Office, in wilting,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 manner, or otherwise violate, any of the covenants, agreements, or stipulations via Addendum prior to the deadline for receipt of bids. 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 viitue 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 The City may,at its discretion,provide reasonable"cure period"for any contractual authorized by law; (d) Meet all requirements for retaining public records and violation prior to termination of the contract;should the successful bidder fail to take transfer,at no cost,to the public agency all public records in possession of the 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 9 9 ty 9 q 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 'E A W 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. -5 i I i 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.gov ; 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 iterns, 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 recommendation(s) and, may approve or reject the City Managers 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. 19, MIANdBEACH -6- 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 1,A Af AI BEACH -7- i 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, 31d 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: 190 AAAM,113EACH 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- /011-kYIBEACH -9- � 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. MIMAIBEACH 10 ITB 2013-373-MF Section 4-Techn[cal 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 marled on the top of the lid or cover for ease Identification.The letters shall be slightly raised, 'i T tL JCIJ f E I 95D MIA]VO BEACI I -11 - i ITB 2013-373-MF Section 5--Bid Price Form POLYMER WATER METER BOXES AND-COVERS SECTION 5.0 RID PRICE FORM e o :, e e •e o o• .e e o 0 0 . o e i oeo e• e• •e a oe a o- a • 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 nonresponsive.All corrections on the Bid Price Form(Section 5)shall be initiated, of e e W o e 1 CLEAN OUT SEWER BOX,TRAFFIC RATED,CDR P/N WB04-1015-H2O orequal 100 Each $ 45.0 0 $ 4500.00 i Make Offered: CDR Model Offered: B14101512M 2 SOLID COVER TO READ"SEWER",BOLT DOWN,CDR P/N 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 W1300-1118-12 orequal 250 Each $ 3 9.0 0 $ 9750.o 0 Make Offered: CDR Model Offered:13 00/118501 4 SOLID COVER,TO READ"WATER" CDR P/N WC00-1118-02 ore ual 325 Each 7$ 25.00 $ 8125.00 Make Offered:CDR Model Offered: C00111802Q 5 METER BOX,FLARED WALL CDR'P/N WB00-1324.12 H-20 ore ival 150 Each $ 64.40 $ 9660.oo i Make Offered: CDR Model Offered: B O o 13 2 412M 6 SOLID COVER,TO READ"WATER" ' CDR P/N WCO2••1324-02 orequal 225 Each $ 35.60 $ 8010.00 Make Offered: CDR Model Offered: C00132402Q 7 METER BOX,FLARED WALL, CDR P/N WB00-1730-12 orequal 200 Each $ 7 9.0 0 $ 15800.00. ' Make Offered: CDR Model Offered: B o 017 3 012M 8 SOLID COVER,TO READ."WATER" CDR P/N WC00-1730-02 orequal- 275 Each T$53.40 $ 14685.00 1 Make Offered: CDR Model Offered: C o 017 3 0 0 2 Q 9 METER BOX, FLARED WALL ? CDR P/N WB20-2436-18 orequal 10 Each $ 265.0 0 $ 2650.00 Make Offered: CDR Model Offered: 1300243618M MMEENNOMMM 10 SOLID COVER,TO READ WATER � CDR P/N WCO2-2436-03 or equal 15 Each $ 222.00 $ 3330.00 Make Offered: CDR Model Offered: C00243603Q' 1 77,897.50 -12- � # i ITB 2013-373-MF Section 5—Bid Price Form POLYMER WATER METER BOXES AND COVERS ' ee• e e e• e e e •e e e e e e •e e e eeo •e e e e e. e e 1 o e, o e•1 ee Nn' e e Manufacturer CDR 25 %Discount Offered from MSRP Manufacturer: �%Discount Offered from MSRP Manufacturer: %Discount Offered from MSRP Manufacturer: %Discount Offered from MSRP o• ' • Bidder:Fer uson Enterprises Inc. Address: 1950 NW 18th Street Telephone: 954-9738100 Email: ason.mueller ferquson.com Authorized Representative: Jason Mueller Authorized Representative's Signature: i 1 i I :f. �3 T ;IC3' NA : EvT. I 1 a I I E 13- i I ITB 2013-373-MF Section 6—Bid Certification& POLYMER WATER METER BOXES AND COVERS Affidavits m swsv^ w SECTION 6,0 DID CERTIFICATION &AFFIDAVITS e e e � Z e • e � e. •e o e e• e . e e e a • e e a ee •e e e ►ee e• a •:: •e e o• a e• a •e 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 STATE: Florida PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: I Jason Mueller ACCOUNT REP TELEPHONE NO.: l 954-973-8100 ` ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: ason.mueller fer uson.com _ FEDERAL TAX IDENTIFICATION NO-, 54-1211771 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, client information, financial information, or any information the City deems necessary to evaluate the capacity of the bidder 1 proposer to perform in accordance with contract requirements. I i - J -14- i ITB 2013-373-MF Section 6—Bid Cerllficatlon& POLYMER WATER METER BOXES AND COVERS Affidavits iw-•r+�ru�+ •Aux, nx+•�nx:�•��•+rwc.-acxruenwrmc•-•••rr•+wu•r:�a:•+•••�rrrr•••t^�v�•�+w�xusu�«er:en:uewMm•+mav°arc�u►mr.-•-+ -ar�.•xxrw•�.�°••Nxr•a�n�wvrxs� 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 f Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 r Addendum 13 Addendum 4 Addendum, Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum Is required,submit under separate cover. 63, Miami Beach Based(Local)Vendor,Is proposer a Miami Beach based firm? �] YES 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 Report on line directly from Dun&Bradstreet. The prospective Provider shall request the report from D&B at; https:Hsupplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=11696 j 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. 1 i -15- i i iTB 2013-373-MF Section 6—Bid Certification& 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 nonperformance by any public-sector agency? [� YES n 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 2490 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 i 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 Cotnmissloner for the City of Miami Beach, . I •I 6.9. Code of Business Ethics. Pursuant to City Resolution No,2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the 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. 6 ' " Wage:-P4jr&ua*e-9eGtlen 2 408 of the Miami amended-#9r11-time-te. #fie;-preser�-sail-be-r }ui�ail- eiayfles- e--prima-seiGes-pats-tki+s-Agreelet;the bG y-lying-ww;age-rates4issi d-bel9w: -16- i ITB 2013-373-MF, Section 6-Bid Certification& POLYMER WATER METER BOXES AND COVERS Affldavlts a-� }e}}G�R h-GityflSG@l year 2012 4 IClGtGbor 1, 2912), the hGurl y living r W-41-be $1-1,2 14 4h-health e6efits,a $12,92/hr u.ifit"vat-benefit&-. nn;14R 111 i a° rnf° n9a �a � annuall-#a e� er-Prt6a4n�4�n�8 rpe'rS--FG�I- ) Miaml/Ft-L u er ale; issued-by-the of Stet'StiGS, he-pre6Ldin Fia4R al index-shall e44hFee-pe The-Gity-may als'e, by reselu#1er��elme�stt nett to Index the year,if all sow"d'te'I�-�TC7rT-f0nt same arTfH*YOaO, I4ls44,unde-r-410 the-Glty-may;-at-its-sale-eptie -lmr ediately-deem said-proposer-as-non-res *r-4 proposer-to-addl Gn,@i-p&4ties-and-fine8as-pre lded4n the City's I i„I�g-W-a an�mended-,- tther Fttf �ttQt t °I lylnn Wag rogl irernent to nyallahle be � �R SUBMITTA Q Iry RE E `11`"' f ” i 6.11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding i competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are 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? ' 0 YES 0 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 em to ees? 0 YES [ NO C, Please check all benefits that apply to your answers above and list In the"other'section any additional benefits not already specified, Note;some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner, such as medical Insurance, , 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- ITS 2013-373-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 mvw.miamibeachfl.gov/procurement/. SUBMITTAL REQUIREMERT; 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. MIAMIBEACH -is- CODE OVETHICS c4c STANDARDS OF BUSINESS CONDUCT FERGUSON ENTERPRISES,INC. Revised August 2013 FERGUSON ENTERPRISES.,I 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 I i I. B US"INEESS EIIIICS. 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 hi 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. C'omn any Assets. Each associate is personally responsible for safeguarding and protecting the assets and property of the Company. Failure to do so may haim 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. 1. 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 malting 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. Revised August 2013 i i 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. Antitrust and Trade Relations. The Company firmly believes that fair competition is fiindamental 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 laves 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 malting 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 falsifies 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 Niwtiations. Associates negotiating contracts shall ensure that all statements, communications and representations made during the course of such negotiations are accurate and truthful. E. Market Information. 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 infonnation 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. ti The Company encourages its associates to become involved in civic affairs and to 1 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 i consistent with federal and state laws. Further,when an associate speaks on public issues outside of the Company, it must be made clear that comments or statements made are those of the individual and not the Company. H. CONFLICT'S OF l TERE T. Revised August 2013 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 circummtance 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 111 below; o accept, or allo,,v 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. 1H. BUSINESS GRA T UITI.ES. 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 i 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 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 j government.),associates may offer,give or receive items of normal value like: 0 promotional items(e.g.,pens,calendars,hats,coffee`cups,golf balls);and ® reasonable meals or refreshments in the course of business discussions. Care should 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. I ♦ . V®7 ER t1I E Nl 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 a proposals in circumstances where there is reason to believe the release of such information is not authorized. l V. COMPLIANCE. LIANCE. Revised August 2013 A. Compliance Program. 6 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 Cade. 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; a 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 6 I {p!C 1 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 General 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 oil 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 Revised August 2013 _ I h " I 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 Rilly 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 USI®N. 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 i I s t Thomas Sullivan Eastern Regional Sales Manager ENCLOSURES&DRAh1S s, HUBBELL POWER SYSTEMS,INC. 3125 Southern Hills 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 further questions. Respectfiilly, Thomas Sullivan Eastern Regional Sales Manager 404-596-1422 tmsullivan@hubbell.com i i i I 1 l P 9 1 r i References . • i The following is a list of at least four(4)references that Bidder has provided similar service in the past 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: 561=393-7875 Fax: 561-393-7983 Email fvillalobosamyboca.us._ Scope of Work: Water Meter Fittings and Water Accesories 2. Name of Firm or Agency: Broward County WWSIFOD Address: 2555 W. Copans Rd CitylState/Zip: Piano Beach, F1, 33069 Contact:1dward Diaz Title: Purchasing _ Telephone: 954-831-0813 Fax: 954-831-0849 Email eddiazabroward.org__ Scope of Work: Water Meter Fittings and Water Accesories 3. Name of Firm or Agency: Cit�of Sunrise Address: 10770 W Oakland Park Blvd Citylstate/Zip::SiinriSe._Fl. 3` 351 Contact: Chrirs.S_Qbjel. ____ Title: P urchasina Telephone: 954-572-2202 Fax: 954-572-2278 Email CSchiel(unriisefl.gov Scope of Work: 4. Name of Firm or Agency:." City of Plantation Address: 400 NW 73rd Avenue City/State/Zip: Plantafjpn PI 3,1317 Contact: Charles Spencer Title: Purchaser Telephone: 954-452-2544 Fax' -954-45 -254 .-Email FSDenc er @plantation.ora Scope of Work: l . i i ITS 2013-373-MF Section 6--Bid Certification& POLYMER WATER METER BOXES AND COVERS Affidavits NiIXiAW %W YI'60YtwkM�Y:I�YIYkA wuw;'NV+pen V ftWd-"WWTllbkmb+T••p"WtY711YttltlM•xw,x � 4 i 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, IInciusIve 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 failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,or compared the proposal with other Proposers and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all Information contained herein is part of the public domain as defined'by the State of Florida Sunshine and Public Records Laws;all responses,data and Information contained in this proposal, Inclusive of the Pro osal Certification,Questionnaire and Re uirements Affidavit are true and accurate. Name of Proposers Authorized Representative; 7Titla of Proposer's Authorized Representative: Jason Mueller Outside Sales Signature of Proposers Authorized Representative: pate: 10/21/2013 We of Florida County of Broward This instrument was signed before me on 10/21/2013 by Jason IVILIeller Print name of Slgner(s) J.MATTHEW DRIGGJ2017 ��•''e°�a *`��. Notary public-State 01 • ° "My Comm,t~xpires Sep 1 ary Slgn tcCommission#FF 05t3onded Thfot�Qir f k i Ida9 ' Notary Printed Name �' Notary Public for the State of 0" � k � 1 Affix seal/stamp as close to M Commission expires., O , 2C_ I signature as possible, y p II 1 J'7 -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) ++ i i I I 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 i MIAMI BEACH, FL 33139 A,'IANV BEACH -20-