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Certificate of Contract - Right Way Plumbing Co. MIAMIBEACH CITY OF MIAMI BEACH �a I CERTIFICATION OF CONTRACT 1 TITLE: Plumbing Services CONTRACT NO.: 2013-079-ITB-SW I EFFECTIVE DATE(S): This Contract shall remain in effect for two (2) years from date of j Contract execution by the Mayor and City Clerk, and may be i renewed, at the sole discretion of the City, through its City Manager, for three (3)additional one (1)year term. j I SUPERSEDES: N/A CONTRACTOR(S): Right Way Plumbing Co. (Secondary Group 1) ESTIMATED ANNUAL CONTRACT AMOUNT: N/A i A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on February 12, 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 plumbing services pursuant to City Invitation to Bid No. 2013-080-ITB-SW 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"). i C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Department of Procurement Management '. policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 2013-080-ITB-SW. 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, Steven Williams, Procurement Coordinator, at 305-673-7000 ext. 6650. E. INSURANCE CERTIFICATES) - 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. I F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein , shall be assigned, transferred or encumbered b Contractor without the prior written 9 � Y p 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 t written consent of the City. a 1 ti I 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 i 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. 1' 1 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 i 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 i 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 1 obligations in any third person or entity under this Contract and/or the Contract Documents. i i� I i 2 I I 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 delve addressed to the art for whom it is intended at the lace last specified. The delivery, party P P 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 I 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: i Right a Co.ht Wa Plumbing 1329 Shotgun Road Sunrise, Florida 33326 Attn: Charles Ermer Phone: 954-423-0000 .a Fax. 954-423-0668 E-mail: service mightwayplumbing.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 j 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 i I a 3 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 i 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. i 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. i i s i 4 i I Certification of Contract I IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to I be signed and attested on this 1 day of April , 20 14 , by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH B B Y President/Signature or i Charles Ermer Print Name Date 04/01/2014 Date ATTEST: ATTEST: etary/Signature City Cler i Krystyna Ermer Print Name 04/01/2014 • �� Date INCORP ORATED: 6 F:I PURC I$ALL1Solicitations1201412014-079-SW Plumbing Services\Contract12013-079-ITB Rig tidy=i='i Ing,doc , CLERK s i i I APPROVED AS TO ,FORM &LANGUAGE &FOR EXECUTION City A o U- Date m;... M /V\ . �. CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: Plumbing Services CONTRACT NO.. 2013-079-ITB-SW EFFECTIVE DATE(S): This Contract shall remain in effect for two (2) years from date of Contract execution by the Mayor and City Clerk, and may be renewed, at the sole discretion of the City, through its City Manager, for three (3) additional one (1) year term. SUPERSEDES: N/A CONTRACTOR(S): Right Way Plumbing Co. (Secondary Group 1) 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 February 12, 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 plumbing services pursuant to City Invitation to Bid No. 2013-080-ITB-SW and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Department of Procurement Management policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 2013-080-ITB-SW. 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, Steven Williams, Procurement Coordinator, at 305-673-7000 ext. 6650. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or services required by the Contract Documents without the prior written consent of the City. 1 Certification of Contract Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) and /or work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. I. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. 2 Certification of Contract K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Alex Denis, Procurement Director City of Miami Beach Department of Procurement Management 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Right Way Plumbing Co. 1329 Shotgun Road Sunrise, Florida 33326 Attn: Charles Ermer Phone: 954-423-0000 Fax: 954-423-0668 E-mail: service(&,right-tvayplumbintZ.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. Y City's failure to enforce an 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. 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. 4 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this day of 20 by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH By By President/ Signature Mayor Print Name Date Date ATTEST: ATTEST: Secretary/ Signature City Clerk Print Name Date Date F:\PURC\$ALL\Solicitations\2014\2014-079-SW Plumbing Services\Contract\2013-079-ITB Right Way Plumbing.doc i II 5 COMMISSION ITEM SUMMARY Condensed Title: j Request For Approval To Award A Contract To Pipeline Plumbing of Broward And Right Way Plumbing Pursuant To Invitation To Bid(ITB) No. 2014-079 For Plumbing Services. Key Intended Outcome Supported: Ensure Well-Maintained Facilities. Supporting Data(Surveys, Environmental Scan,etc.): NIA Issue: Shall the City Commission approve the award of Contract? Item Summa /Recommendation: The purpose of this item is to approve contracts for the purchase of Plumbing Services pursuant to ITB.2014-079. This item is necessary in order to reduce the cost and time of advertising,shorten the response time and improve the efficiency and clarity in the production of the contracts for plumbing services Citywide. The City has the need from time to time for various types of plumbing service work on a scheduled basis and in emergency situations as well. Twelve(12)vendors were notified of the solicitation,with four(4)vendors downloading the solicitation.Three(3) responses were received in response to the solicitation. After review of responses received, it is recommended that the two(2)lowest responsive,responsible bidders be awarded the contract. • Pipeline Plumbing Services of Broward • Right Way Plumbing Company RECOMMENDATION Award contract to Pipeline Plumbing Service of Broward as primary and Right Way Plumbing as secondary vendor for Group 1. In addition, it is recommended that Pipeline Plumbing be awarded as sole vendor for Group II. The contract(s)entered into with the successful bidder(s)will have an initial term of two(2)years,and may be renewed at the sole discretion of the City, through its City Manager, for three(3) additional one 1)year terms. Advisory Board Recommendation: NtA Financial Information: Source of Amount Account Funds: 1 ('P" Total Financial Impact Summary: * The annual cost associated with electrical services is subject to funds availability approved through the City's budgeting process. Account information and availability of funds shall be verified and approved for each request priorto procuring the services.Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Budget Office. City Clerk's Office Legislative Tracking: Alex Denis, Director Ext#6641 Si n-Off . r De rtment Direc r Assistoqt City Manager city na er AD ETC I KGB MT JLMVP-- F:1T_Drive ENDA12014 1February\ProcurementtITB 2014-07 W Plumbing Services ITEM SUMMARY.doc I AGENDA ITEM e42 6— MIAMIBE DATE �-� -1 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMI ION MEMORANDUM TO: Mayor Philip Levine and Member of the Ci ommission FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: REQUEST FOR APPROVAL TO A ARD A CONTRACT PURSUANT TO INVITATION TO BID(ITB)NO. 2014-079 FOR PLUMBING SERVICES ADMINISTRATION RECOMMENDATION Approve the award of the contract. KEY INTENDED OUTCOME Ensure Well-Maintained Facilities. ND N FU I G The annual cost associated with electrical services is subject to funds availability approved through the City's budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services. Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Budget Office. BACKGROUND INFORMATION The purpose of Invitation to Bid (ITB) No. 2014-079 is to establish a contract, by means of sealed bids,with a qualified firm(s)to provide plumbing services Citywide. Services include parts, labor, materials,equipment and supervision as specified herein and,at a minimum,in accordance with generally accepted industry principles, standards and practices. The City has the need from time to time for various types of plumbing service work on a scheduled basis and in emergency situations as well. The ITB also requested bidders to provide pricing for plumbing parts and supplies for those cases in which City staff completes necessary repairs. The ITB states that the City may award up to three vendors (primary, secondary, tertiary). Secondary and tertiary vendors would only be used in the event that the primary vendor is unable to perform the work or the City has determined, due to prior performance, it would not be in the City's best interest to award additional work. The contract(s) entered into with the successful bidder(s) shall remain in effect for two (2) years.The price offered by the Bidder in its Bid Proposal shall remain firm and fixed during the initial two (2) year term. 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. During the renewal term,the City may consider an adjustment to price based on changes in the applicable CPW index. 149 Commission Memorandum 1T8 2014-079 Plumbing Services February 12, 2014 Page 12 ITS PROCESS ITB No. 2014-079, was issued on December 20, 2013,with a bid opening date of January 16, 2014. One(1)addendum was issued,to answer to questions submitted by prospective bidders.The Department of Procurement Management issued bid notices utilizing the Public Group and four (4) prospective bidders accessed the advertised solicitation. Additionally, four(4)firms were notified of the ITB through the Florida Purchasing Group website. Finally, the Department of Procurement Management sent the ITB document to four(4) firms not registered with the Public Group. The notices resulted in the receipt of three (3) responsive and responsible bids from: i Ameridrain Plumbing Corp. # Pipeline Plumbing Services of Broward + Right Way Plumbing Company The ITB stated that the lowest responsive, responsible bidder(s) meeting all terms, conditions,and specifications of the ITB will be recommended for award.Veterans and local preferences were considered during the tabulation of the bids received. No bidder was eligible for local preference. Pipeline Plumbing Services is a Veteran owned business;since they are the low bidder, there is no need to apply the Veteran's preference. In evaluating Group I (Equipment, Service and Parts); it has been determined that the bid received from Pipeline is the lowest responsive and responsible to the bid requirements. The second lowest responsive and responsible bid for Group I is Right Way. In evaluating Group II (Equipment and Parts),the sole responsive and responsible bidder is Pipeline. responsibility of the bidders in addition to verifying In determining responsiveness and res ons 9 9 P P Y fY compliance wi th t h o scope of the ITB the Department of Procurement Management also i verified the following: • Minimum Requirements 1. Licensure/Certification. State Plumbing Contractor of Miami-Dade Master Plumbing. Current licenses must be provided with bid, and no personnel shall service City facilities without said licenses. Pipeline and Right Way both submitted copies of the State of Florida Certified Plumbing Contractors License. 2. Similar Experience. Bidder shall demonstrate previous experience in regards to the requirements of this solicitation for a period of no less than three(3) years in providing these services to at least one government agency in the Tri-County area (Miami-Dade, Broward, Palm Beach). Pipeline and Right Way both provided a minimum of three (3)government agencies for references that resulted in very positive feedback. The references provided by Ameridrain Plumbing could not be verified. 150 I Commission Memorandum ITB 2094-079 Plumbing Services February 12, 2014 Pane 13 • Past Performance Pipeline Plumbing Services of Broward, located in Pompano Beach, Florida, has provided plumbing services for thirty-eight (38) years. Specifically, they have provided plumbing services for the City of North Miami Beach,City of Coral Springs, City of Sunrise, and the City of Green Acres.All references contacted by Department of Procurement Management have responded with positive feedback. Right Way Plumbing, located in Sunrise, Florida;has provided plumbing services for 83 years. Specifically,they have provided plumbing services for University of Miami, Florida Department of Transportation,AT&T and BJ's Wholesale Club and the City of Miami Beach. Pricing received from Pipeline Plumbing Services of Broward and Right Way Plumbing are included in Appendix A. CITY MANAGER'S REVIEW After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission that: Pipeline Plumbing Service of Broward be awarded as primary and Right Way Plumbing as secondary for Group I; and,that Pipeline Plumbing Services of Broward be awarded as the sole vendor for Group 11. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission award a contract pursuant to Invitation to Bid(ITB)No.2014-079 for Plumbing Services for Group l (Equipment, Parts and Service) to Pipeline Plumbing of Broward,the lowest responsive, responsible bidder,as the primary vendor;and that Right Way Plumbing, the second lowest responsive, responsible bidder, as the secondary vendor for Group 1, Finally, it is recommended that Pipeline Plumbing of Broward be awarded as the sole vendor for Group 11, (Equipment and Parts only). 151 N 3 CL in Ln O O C O O 'J O = 0 N 00 O O ,cj %n C) a m N r- w c V► Z ra x v�uti yN,y C 7 O N O fy:: ,m u C i ,f E L N Q Nr O io V m 3° R C-4 Ln 'u M tu N �• CL = [C v CD 5.N4. 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CL CL E E ° o Y � o arr N :Sb xr' 152 I i I I THIS PAGE INTENTIONALLY LEFT BLANK i 153 "tee M AM t B AC H City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7497, Fax: 786-394-4330 PUBLIC NOTICE ITB No. 2014-079-SW Plumbing Services ADDENDUM NO. 1 January 7, 2014 In response to questions and requests for additional information received by prospective Proposers and the Administration's additional review of the requirements set forth in the Bid, the Bid is hereby amended as follow: 1. The deadline for the receipt of Bids remains January 16, 2014 at 3:00 p.m. II. The Bid Price form, Section 5, has been revised. Please replace the original Bid Price form with the attached revised Bid Price Form dated 1/7/2014. The bid will be deemed non-responsive if the attached revised Bid Price form is not submitted. There have not been any additional items added to the bid price form. Please note that when the colon symbol (":") is used on the bid form it means range, for example, Total Group 5.1 (Items 1A:1 C) means 1A+1 B+1 C. �`heh did` �C Qom pow se crate rr#o tv�r+ T# tcdr etc '51 ECtPAtEIT AF t s3��v 9`S r,y sr'°3C i� �k o LRtOEz rt Sebt[ot 2, G�UIPMEIT OR PAR 4,011"s E ........ ICE) Tti' recBrcG �.4�i.aE�c�vrF�:fury`ir�ndvrs..r+vh� cfo �c�t "rQ�ric��`' 'race �tw�t� aC.��o�� f�*gh�'�`usrri .. P .....,., . . ..........9 Please note that Proposers are solely responsible for assuring they have received any and all addenda issued pursuant to solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS UNDER THE CONE OF SILENCE—ORDINANCE NO. 2002-3378 WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http:Hwww.miamibeachfi.gov/newcity/depts/purchase/bidintro.asp Steven Williams Procurement Coordinator Department of Procurement Management ITB 2014-079-SW PLUMBING SERVICES I Section 5—Bid Price Form SECTION 5.0 BID PRICE FORM REVISED January 7, 2014 ID 101AMI DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 305-673-7490 ITB 2014-079-SW PLUMBING SERVICES I Section 5—Bid Price Form SECTION 5.0 BID PRICE FORM 711113 431FRIZ-01111111sm-11411119M.we 11 MEMMINNI • • • • • • ••• r• • •-- •• • •• • •- • �• Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5) shall be completed mechanically or, if manually, in ink. Bid Price Forms(Section 5)completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form (Section 5)shall be initialed. : SECTION 5.1 —EQUIPMENT PARTS AND SERVICE Group'I Estimated Total Group Annual (Quantity x Unit Item Description service hours U/M Unit Cost Cost)l 1A Hourly Rate- Regular 1600 Hourly Rate 1B Hourly Rate-Non Re ular 400 Hourly Rate Estimated Annual Net Cost 7Group Gross Costs % mark-up (Dealer Invoice Cost Item Description Dealer Invoice Cost See Special Condition 3.23 X%Mark-up 1C Mark-up for Parts and Su lies $50,000 % Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB No.2014-079-SW Plumbing Services and Parts Section 5—Bid Price Form SECTION 5.2—EQUIPMENT OR PARTS ONLY NO SERVICE Group 2 Estimated Annual Net Cost Group Gross Costs %mark-up (Dealer Invoice Cost Item Description Dealer Invoice Cost See Special Condition 3.23 X % Mark-up) 2 Mark-up for Parts and Supplies $50,000 Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: MIAMI B ITB NO.: 2014-079-SW INVITATION TO BID Plumbing Services Section 1, Instructions to Bidders.............................................................................. p.2 Section 2, General Conditions.................................................................................... p.3 Section 3, Special Conditions ................................................................................... p. 7 Section 4,Specifications&Technical Requirements..................................................... p. 12 Section5, Bid Price Form*............................................................................................ p. 14 Section 6, Certification&Affidavits ............................................................................ p. 15 Section7,"No Bid"Form ......................................................................................... p.32 FAILURE TO SUBMIT SIGNED BID PRICE FORM, SECTIONI 5A BY THE DUE DATE 1 TIME ESTABLISHED OR AMENDED VIA ADDENDUM, RENDER BID NOW RESPONSIVE ITB 2014-079-SW PLUMBING SERVICES Section 1-Instruction to Bidders MIAMI BEACH SECTION 1, INSTRUCTIONS TO BIDDERS CONTACT •- • Procurement Contact Tel: Email: Steven Williams (305)673-7497 Stevenwilliams@miamibeachfi.gov BID COPIES REQUIRED Original Signed Proposal: Copies of Original Signed Proposal: Electronic Copies(CD-ROM or Flashdrive) 1 0 1 DEADLINE BID SUBMITTAL Due Date&Time: Location for Bid Submittal: January 16, 20143 3:OOp.m. City of Miami Beach 0 _ 0 _ 0 . _ Department of Procurement Management - _ 1700 Convention Center Drive, 3RD Floor Miami Beach, Florida 33139 Instructions to Bidders: 1. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, The City does not accept responsibility for delays, natural or all P rocurement solicitations once advertised and until an award otherwise. recommendation has been forwarded to the City Commission by 4. ADDENDUM. Procurement may issue an addendum in response the City Manager er are under the"Cone of Silence."The Cone of to any inquiry received, prior to Bid opening, which changes, Silence ordinance is available at adds to or clarifies the terms, provisions or requirements of the http://library.municode.com/index.aspx?clientlD=13097&statelD= solicitation. The Bidder should not rely on any representation, 9&statename=Florida.Any communication or inquiry in reference statement or explanation whether written or verbal, other than to this solicitation with any City employee or City official is strictly those made in this Bid Solicitation document or in any addenda prohibited with the of exception communications with the issued. Where there appears to be a conflict between this Bid procurement director, or his/her administrative staff responsible Solicitation and any addenda, the last addendum issued shall for administering the procurement process for this solicitation prevail. It is the Bidder's responsibility to ensure receipt of all providing said communication is limited to matters of process or addenda, and any accompanying documentation is included in procedure regarding the solicitation. Communications regarding Bid Proposal as required. this solicitation are to be submitted in writing to the Procurement 5. SPECIAL NOTICES:You are hereby advised that this solicitation Contact named herein with a copy to the City Clerk at is subject to the following ordinances/resolutions, which may be rafaelgranado @miamibeachfl.gov. found on the City Of Miami Beach website: 2. BID PROPOSAL. The Bid Proposal is to include the Bid Price http://web.miamibeachfl.gov/procuremenUscroll.aspx?id=23510 Form (Section 5) and Bid Certification and Affidavits (Section 6) 0 CONE OF SILENCE—CITY CODE SECTION 2-486 and any other information requested herein. Failure to submit a 0 CAMPAIGN CONTRIBUTIONS BY CONTRACTORS-CITY CODE signed Bid Price Form (Section 5) by the due date and time SECTION established herein, or via addendum, for the receipt of bids shall 0 DEBARMENT PROCEEDINGS — CITY CODE SECTION 2-397 render bid non-responsive. THROUGH 2-485 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES—CITY The Bid Price Form (Section 5) shall be completed mechanically CODE SECTION 2-481 THROUGH 2-486 or, if manually, in ink. Bid Price Forms Section 5 completed in LIVING WAGE REQUIREMENT — CITY CODE SECTION 407 y (Section p THROUGH 410 pencil shall be deemed non-responsive.All corrections on the Bid LOCAL PREFERENCE FOR MIAMI BEACH-BASED Price Form(Section 5)shall be initialed. CONTRACTORS—CITY CODE SECTION 2-372 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED 3. SEALED BIDS. Bids must be submitted in a sealed envelope or AND CONTROLLED BY VETERANS AND TO STATE CERTIFIED container.The following information should be clearly marked on SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES — the face of the envelope or container in which the bid is CITY CODE SECTION 2-374 submitted: Bid Number, Bid Title, Bidders Name, Bidder Return • PROTEST PROCEDURES—CITY CODE SECTION 2-371 Address.Any Bid received after the first Bid has been opened will be considered late and will be returned to the Bidder unopened. BEACH - 2 - ITB 2014-079-SW PLUMBING SERVICES I Section 2-General Conditions SECTION 2 GENERAL TERMS AND CONDITION 2.1 GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to Note as to Brand Names:Catalog numbers,manufacturers'and brand names, become thoroughly familiar with the Bid requirements,terms and conditions of this when listed, are informational guides as to a standard of acceptable product solicitation.Ignorance by the Bidder of conditions that exist or that may exist will not quality level only and should not be construed as an endorsement or a product be accepted as a basis for varying the requirements of the City,or the compensation limitation of recognized and legitimate manufacturers. Bidders shall formally to be paid to the Bidder. substantiate and verify that product(s)offered conform with or exceed quality as listed in the specifications. 2.2 MODIFICATION/WITHDRAWALS OF BIDS.A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and 2.10 EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this time. Modifications received after the bid due date and time will NOT be considered. solicitation that before,during,and after a public emergency,disaster,hurricane, Bids shall be irrevocable until contract award unless withdrawn in writing prior to the tomado, flood, or other acts of force majeure that the City of Miami Beach, bid due date or after expiration of 120 calendar days from the opening of bids without Florida shall receive a"First Priority"for any goods and services covered under a contract award. Letters of withdrawal received after the bid due date and before any award resulting from this solicitation, including balance of line items as said expiration date and letters of withdrawal received after contract award will NOT applicable. It is vital and imperative that the majority of citizens are protected be considered. from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, 2.3 PRICES QUOTED.Prices quoted shall remain firm and fixed during the duration of vendor agrees to provide all award-related goods and services to the City on a the contract In completing the bid form,state both unit price and extended total, "first priority"under the emergency conditions noted above. when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid,the UNIT 2.11 NON-CONFORMANCE TO CONTRACT CONDITIONS.Items may be tested PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid for compliance with specifications. Items delivered, not conforming to (unless otherwise stated in Special Conditions). Discounts for prompt payment;The specifications,may be rejected and returned at the bidders expense. These Bidder may offer cash discounts for prompt payments;however,such discounts will items,as well as items not delivered as per delivery date in bid and/or purchase not be considered in determining the lowest price during bid evaluation. Bidders are order,may be purchased by the City,at its discretion,on the open market Any requested to provide prompt payment terms in the space provided on the Bid increase in cost may be charged against the bidder. Any violation of these submittal signature page of the solicitation. Award, if made,will be in accordance stipulations may also result in the bidder's name being removed from the City's with terms and conditions stated herein. Each item must be bid separately,and no vendor list attempt is to be made to be any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of 2.12 PRODUCT INFORMATION. Product literature, specifications, and technical bid(s). information, including Manufacturer's Safety Data Sheets(MSDS) should be provided with this bid as an attachment to the"BID FORM". However, in all 2.4 TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. cases must be provided within five (5) calendar days upon request from Purchasing Agent. 2.5 MISTAKES.Bidders are expected to examine the specifications,delivery schedules, bid prices,and extensions,and all instructions pertaining to supplies and services. 2.13 SAMPLES. Bids submitted as an'equal"product must be accompanied with Failure to do so will be at the bidder's risk and may result in the bid being non- detailed specifications.Samples of items,when required,must be fumished free responsive. of expense and,if not destroyed,will,upon request,be returned at the bidder's expense. Bidders will be responsible for the removal of all samples fumished 2.6 CONDITION AND PACKAGING.Bidder guarantees items offered and delivered to within(30)days after bid opening. All samples will be disposed of after thirty be the current standard production model at time of bid and shall offer expiration (30)days. Each individual sample must be labeled with the bidder's name. dating of at least one year or later. Bidder also guarantees items offered and Failure of the bidder to either deliver required samples,or to clearly identify delivered to be new,unused,and free from any and all defects in material,packaging samples may be reason for rejection of the bid. Unless otherwise indicated, and workmanship and agrees to replace defective items promptly at no charge to the samples should be delivered to the Procurement Division, 1700 Convention City of Miami Beach,for the manufacturer's standard warranty but in no case for a Center Drive,Miami Beach,FL 33139. period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial 2.14 DELIVERY.Unless actual date of delivery is specified(or if specified delivery packaging. cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order,in space provided. Delivery time may 2.7 UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all become a basis for making an award. Delivery shall be within the normal manufactured items and fabricated assemblies shall be U.L.listed or re-examination working hours of the City using Department,Monday through Friday,excluding listing where such has been established by U.L.for the item(s)offered and fumished. holidays.Receiving hours are Monday through Friday,excluding holidays,from 8:30 A.M.to 5:00 P.M. 2.8 CITY'S RIGHT TO WAIVE OR REJECT BIDS.The City Commission reserves the right to waive any informalities or irregularities in this Bid;or to reject all bids,or any 2.15 INTERPRETATIONS. Any questions concerning the Bid conditions and part of any bid,as it deems necessary and in the best interest of the City of Miami specifications should be submitted, in writing, to the City's Department of Beach. Procurement Management(DPM)1700 Convention Center Drive,Miami Beach, FL 33139.or facsimile:786-394-4075. 2.9 EQUIVALENTS.If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications,he must so indicate in his bid. Specific 2.16 LATE SUBMISSION.All bids received after the date,time,and place specified article(s)of equipment/supplies shall conform in quality,design and construction with in the Bid,will be returned to the bidder unopened,and will not be considered. all published claims of the manufacturer. The responsibility for submitting bids before the stated time and date is solely The bidder shall indicate in the Bid Form the manufacturer's name and number if the responsibility of the bidder. The City will not be responsible for delays bidding other than the specified brands,and shall indicate ANY deviation from the caused by mail,courier service, or any other entity or occurrence. Facsimile, specifications as listed in the Bid. Other than specified items offered requires electronic,or e-mailed bids will not be accepted. complete descriptive technical literature marked to indicate detailed conformance with specifications,and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE 2.17 INSPECTION,ACCEPTANCE&TITLE.Inspection and acceptance will be at CONSIDERED WITHOUT THIS INFORMATION. destination,unless otherwise provided. Title to(or risk of loss or damage to)all items shall be the responsibility of the successful bidder until acceptance by the 9D A,tAl "Od BEACH -3 - ITB 2014-079-SW PLUMBING SERVICES I Section 2-General Conditions City,unless loss or damage results from the gross negligence or willful misconduct of or loss to the City occasioned by negligence of the bidder,or his/her officers, the City. employees, contractors, and/or agents, for failure to comply with Applicable Laws. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon 2.28 BID BONDS,PERFORMANCE BONDS,CERTIFICATES OF INSURANCE.Bid written notice to the seller,and return the product,at the bidders expense. Bonds,when required,shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the 2.18 PAYMENT.Payment will be made by the City after the items have been received, successful bidder to submit a performance bond and certificate of insurance in inspected,and found to comply with Bid specifications,free of damage or defect,and the amount specified in the Special Conditions. properly invoiced. 2.29 DEFAULT.Failure or refusal of a bidder to execute a contract upon award,or 2.19 DISPUTES. In case of any doubt or difference of opinion as to the items and/or withdrawal of a bid before such award is made,may result in forfeiture of that services(as the case may be)to be furnished hereunder,the decision of the City portion of any bid surety required as liquidated damages incurred by the City shall be final and binding on all parties. thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders 2.20 LEGAL REQUIREMENTS.The bidder shall be required to comply with all federal, list. State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances,and/or rules and regulations that in any manner affect the items covered 2.30 CANCELLATION.In the event any of the provisions of this Bid are violated by herein(collectively,Applicable Laws). Lack of knowledge or ignorance by the bidder the bidder, the City shall give written notice to the bidder stating such with/of Applicable Laws will in no way be a cause for relief from responsibility. deficiencies and,unless such deficiencies are corrected within ten(10)calendar days from the date of the City's notice,the City,through its City Manager,may 2.21 PATENTS&ROYALTIES.The bidder shall indemnify and save harmless the City of declare the contract in default and terminate same, without further notice Miami Beach,Florida,and its officers,employees,contractors,and/or agents,from required to the bidder.Notwithstanding the preceding,the City,through its City liability of any nature or kind,including cost and expenses for,or on account of,any Manager,also reserves the right to terminate the contract at any time and for copyrighted,patented,or unpatented invention,process,or article manufactured or any reason, without cause and for convenience, and without any monetary used in the performance of the contract,including its use by the City of Miami Beach, liability to the City,upon the giving of thirty(30)days prior written notice to the Florida. If the bidder uses any design,device or materials covered by letters,patent, bidder. or copyright, it is mutually understood and agreed,without exception,that the bid prices shall include all royalties or cost arising from the use of such design,device, 2.31 BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show or materials in any way involved in the work, purchase order numbers and shall be submitted to the ordering City department 2.22 OSHA.The bidder warrants to the City that any work,services,supplies,materials or 2.32 SUBSTITUTIONS.After award of contract,the City WILL NOT accept substitute equipment supplied pursuant to this Bid shall conform in all respects to the standards shipments of any kind. The bidder is expected to furnish the brand quoted in its set forth in the Occupational Safety and Health Act of 1970,as amended,and the bid. Any substitute shipments will be returned at the bidder's expense. failure to comply with this condition will be deemed breach of contract Any fines levied because of inadequacies to comply with this condition shall be borne solely by 2.33 FACILITIES.The City,through its City Manager or his/her authorized designee, the bidder. reserves the right to inspect the bidder's facilities at any time,upon reasonable prior written or verbal notice. 2.23 MANNER OF PERFORMANCE.Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local,State,County, 2.34 PROTEST. In the event a prospective bidder wishes to protest any part of and Federal laws, rules, regulations and codes. Bidder agrees that the services the General Conditions, Special Conditions and/or Technical Specifications provided shall be provided by employees that are educated,trained,experienced, contained in this it must file a notice of protest in writing to the Procurement certified, and licensed in all areas encompassed within their designated duties. Director,with a copy to the City Clerk,at least ten(10)business days prior to Bidder agrees to furnish to the City any and all documentation, certification, the Bid opening date and hour specified in the solicitation. Any bidder,who has authorization, license,permit, or registration currently required by applicable laws, a substantial interest in,and is aggrieved in connection with the solicitation or rules,and regulations. Bidder further certifies that it and its employees will keep all proposed award may protest to the City Manager or his or her designee anytime licenses,permits,registrations,authorizations,or certifications required by applicable until two(2)business days following the release of the City Manager's written laws or regulations in full force and effect during the term of this contract Failure of recommendation to the City Commission.Failure to file a timely notice of protest bidder to comply with this paragraph shall constitute a material breach of this will constitute a waiver of proceedings. contract 2.35 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:If a bidder is in 2.24 SPECIAL CONDITIONS.Any and all Special Conditions that may vary from these doubt as to the true meaning of the Bid specifications,or other Bid documents, General Terms and Conditions shall have precedence. or any part thereof,the bidder must submit to the City,at least ten(10)calendar days prior to the scheduled Bid opening date,a request for clarification. NO 2.25 ANTIDISCRIMINATION.The bidder certifies that he/she is in compliance with the QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375,relative to equal employment opportunity for all Any interpretation of the Bid, including, without limitation, responses to persons without regard to race,color,religion,sex or national origin. questions and request for clarification(s)from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original 2.26 AMERICAN WITH DISABILITIES ACT. To request this material in accessible specifications,the Addendum shall supersede such specifications,to the extent format, sign language interpreters, information on access for persons with specified. Subsequent Addendum shall govern over prior Addendum only to the disabilities,and/or any accommodation to review any document or participate in any extent specified.The bidder shall be required to acknowledge receipt of any and city-sponsored proceeding,please contact 305-604-2489(voice),305-673-7524(fax) all Addendum,and filling in and signing in the spaces provided in section 5.0, or 305-673-7218(TTY)five days in advance to initiate your request.TTY users may Acknowledgements/Affidavits.Failure to acknowledge Addendum may deem a also call 711(Florida Relay Service). bid non-responsive. 2.27 LIABILITY,INSURANCE,LICENSES AND PERMITS.Where bidders are required The City will not be responsible for explanations,interpretations,or answers to to enter or go on to City of Miami Beach property to deliver materials or perform work questions made verbally or in writing by any City representative,unless issued or services as a result of the Bid,the bidder will assume the full duty,obligation and by the City via formal written Addendum to this Bid. expense of obtaining all necessary licenses,permits,and insurance,and assure all work complies with all Applicable Laws.The bidder shall be liable for any damages tt A.L;A:?,,4d BEACH -4- ITB 2014-079-SW PLUMBING SERVICES I Section 2-General Conditions Any questions or clarifications concerning the Bid shall be submitted in writing to the 2.43 ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if Department of Procurement Management(DPM) 1700 Convention Center Drive, provided,are for City guidance only.No guarantee is expressed or implied as to Miami Beach,FL 33139 with a copy to the City Clerk quantities or dollars that will be used during the contract period.The City is not obligated to place any order for a given amount subsequent to the award of this 2.36 DEMONSTRATION OF COMPETENCY. Bid.Estimates are based upon the City's actual needs and/or usage during a A.Pre-award inspection of the bidder's facility may be made prior to the award of previous contract period. The City may use said estimates for purposes of contract determining whether the low bidder meets specifications. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. 2.44 COLLUSION.Where two(2)or more related panties each submit a bid or bids C. Bidders must be able to demonstrate a good record of performance for a for any contract,such bids or bids shall be presumed to be collusive. The reasonable period of time, and have sufficient financial capacity, equipment, and foregoing presumption may be rebutted by presentation of evidence as to the organization to ensure that they can satisfactorily perform the services if awarded a extent of ownership, control and management of such related parties in the contract under the terms and conditions of this Bid. preparation and submittal of such bid or bids."Related parties"means bidders or D.The terms"equipment and organization",as used herein shall,be construed to the principals thereof which have a direct or indirect ownership interest in mean a fully equipped and well established company in line with the best business another bidder for the same contract, or in which a parent company or the practices in the industry,and as determined by the City of Miami Beach. principals thereof of one(1)bidder have a direct or indirect ownership interest in E.The City may consider any evidence available regarding the financial,technical, another bidder for the same contract.Bid or bids found to be collusive shall be and other qualifications and abilities of a bidder, including past performance rejected. (experience),in making an award that is in the best interest of the City. F.The City may require bidders to show proof that they have been designated as Bidders who have been found to have engaged in collusion may also be authorized representatives of a manufacturer or supplier,which is the actual source suspended or debarred,and any contract resulting from collusive bidding may of supply. In these instances,the City may also require material information from the be terminated for cause. source of supply regarding the quality,packaging,and characteristics of the products to be supply to the City. Any material conflicts between information provided by the 2.45 DISPUTES.In the event of a conflict between the Bid documents,the order of source of supply and the information contained in the bidder's bid may render the bid priority of the documents shall be as follows: non-responsive. A. Any contract or agreement resulting from the award of this Bid;then G. The City may, during the period that the contract between the City and the B. Addendum issued for this Bid, with the latest Addendum taking successful bidder is in force,review the successful bidders record of performance to precedence;then ensure that the bidder is continuing to provide sufficient financial support,equipment, C. The Bid;then and organization as prescribed in this bid. Irrespective of the bidders performance D. The bidder's bid in response to the Bid. on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that 2.46 REASONABLE ACCOMMODATION. In accordance with Title II of the the successful bidder no longer possesses the financial support, equipment, and Americans with Disabilities Act,any person requiring an accommodation at the organization which would have been necessary during the bid evaluation period in Bid opening because of a disability must contact the Procurement Division. order to comply with the demonstration of competency required under this subsection. 2.47 GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official,employee,contractor,or agent of the City,for the 2.37 DETERMINATION OF AWARD. In determining the lowest and best bidder, in purpose of influencing consideration of this Bid. addition to price,there shall be considered the following: • The ability,capacity and skill of the bidder to perform the contract. 2.48 SIGNED BID CONSIDERED AN OFFER.The signed bid shall be considered an • Whether the bidder can perform the contract within the time specified,without offer on the part of the bidder, which offer shall be deemed accepted upon delay or interference. award of the bid by the City Commission.In case of default on the part of the • The character,integrity,reputation,judgment,experience and efficiency of the successful bidder, after such acceptance, the City may procure the items or bidder. services from other sources and hold the bidder responsible for any excess cost • The quality of performance of previous contracts. occasioned or incurred thereby. • The previous and existing compliance by the bidder with Applicable Laws relating to the contract. 2.49 TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical be bids,preference will be given to bidders certifying that they have 2.38 ASSIGNMENT.The successful bidder shall not assign, transfer,convey,sublet or implemented a drug free work place program. A certification form will be otherwise dispose of the contract, including any or all of its right, title or interest required. In the event of a continued be between two or more bidders after therein,or his/her or its power to execute such contract,to any person,company or consideration of the drug free workplace program,the City's Local Preference corporation,without the prior written consent of the City. and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran 2.39 LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all Preference ordinances have been applied or the be exists between bidders that licenses,permits,and inspection fees required under the contract;and shall comply are not Local or Veteran,the breaking of the be shall be at the City Manager's with all Applicable Laws. discretion, which will make a recommendation for award to the City Commission. 2.40 OPTIONAL CONTRACT USAGE.When the successful bidder(s)is in agreement, other units of government or non-profit agencies may participate in purchases 2.50 DELIVERY TIME. Bidders shall specify in the attached Bid Form, the pursuant to the award of this contract at the option of the unit of government or non- guaranteed delivery time(in calendar days)for each item. It must be a firm profit agency. delivery time;no ranges(For example,12-14 days)will be accepted. 2.41 SPOT MARKET PURCHASES. It is the intent of the City to purchase the items 2.51 TERMINATION FOR DEFAULT.If the successful bidder shall fail to fulfill in a specifically listed in this Bid from the successful bidder. However,the City reserves timely manner, or otherwise violate, any of the covenants, agreements, or the right to purchase the items from state or other governmental contract,or on an stipulations material to the Bid and/or the contract entered into with the City as-needed basis through the City's spot market purchase provisions. pursuant thereto,the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the 2.42 ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any bidder of such termination,which shall become effective upon receipt by the person or firm who is in arrears to the City upon any debt,taxes,or contracts which bidder of the written termination notice. are defaulted as surety or otherwise upon any obligation to the City. In that event,the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed OR ry°,F�.z v; BEACH - 5 - ITB 2014-079-SW PLUMBING SERVICES I Section 2-General Conditions by the bidder prior to termination, net of any costs incurred by the City as a possession of the contractor upon termination of the contract and destroy any consequence of the default duplicate public records that are exempt or confidential and exempt from public Notwithstanding the above,the successful bidder shall not be relieved of liability to records disclosure requirements. All records stored electronically must be the City for damages sustained by the City by virtue of any breach of the contract by provided to the public agency in a format that is compatible with the information the bidder,and the City may reasonably withhold payments to the successful bidder technology systems of the public agency. for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. 2.56 CONTRACT EXTENSION.The City reserves the right to require the Contractor The City may,at its discretion,provide reasonable`cure period"for any contractual to extend contract past the stated termination date for a period of up to 120 days violation prior to termination of the contract;should the successful bidder fail to take in the event that a subsequent contract has not yet been awarded.Additional the corrective action specified in the City's notice of default within the allotted cure extensions past the 120 days may occur as needed by the City and as mutually period,then the City may proceed to terminate the contract for cause in accordance agreed upon by the City and the contractor. with this subsection 1.57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.52 TERMINATION FOR CONVENIENCE OF CITY.The City may,for its convenience, terminate the work and/or services then remaining to be performed,at any time,by giving written notice to the successful bidder of such termination,which shall become effective thirty(30)days following receipt by bidder of such notice. In that event,all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection,the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City,work and/or services actually performed by the successful bidder,and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 2.53 INDEMNIFICATION.The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability,losses or damages,including attorney's fees and costs of defense,which the City or its officers,employees,agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of,relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith,and shall investigate and defend all claims,suits or actions of any kind or nature in the name of the City,where applicable,including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred th ereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the ;IN3 �JT�ONi� l:ll.L'EF.T$IANK successful Bidder shall in noway limit the responsibility to indemnify,keep and save harmless and defend the City or its officers,employees,agents and instrumentalities as herein provided.The above indemnification provisions shall survive the expiration or termination of this Agreement. 2.54 EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non-responsive and receive no further consideration. Should your proposed bid not be able to meet one(1)or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements,you must notify the Procurement Office,in writing, at least five(5)days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 2.55 FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation,any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes,and s.24(a),Art.1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty(30)days after opening of the bids,whichever is earlier.Additionally,Contractor agrees to be in full compliance with Florida Statute 119.0701 including,but not limited to,agreement to(a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services;(b)provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law;(d)Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in ' - 6 - ITB 2014-079-SW PLUMBING SERVICES I Section 3—Special Conditions SECTION 3.0 SPECIAL CONDITIONS 3.1 PURPOSE: The City of Miami Beach, Florida (the"City") is seeking bids from qualified plumbing contractors for the provision of various routine plumbing services on an "as needed" basis, including emergency repairs and planned repairs or small projects. Services contracted during any part of a term will continue through completion of the services without regard to the end of the term and without obligation to renew the agreement. 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 Contact 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: Monday,January 6,2013 @ 1:00 PM City Manager's Large Conference Room Miami Beach City Hall,41h Floor 1700 Convention Center Drive Miami Beach, FL 33139 Dial-in Instructions: • Dial the Telephone Number:888-270-9936 • Enter the Meeting Number: 1142644 and then press the pound (#) key 3.4 VENDOR PREFERENCES: 3.4.1 MIAMI BEACH BASED VENDORS. In accordance with Section 2-372 of the Miami Beach City Code, a Miami Beach-based vendor, whose bid amount is within five percent (5%) of the lowest, responsive, responsible bidder,will be provided an opportunity to furnish the bid items at the amount bid by the lowest, responsive, responsible bidder. 3.4.2 VETERAN BUSINESS ENTERPRISES. In accordance with Section 2-374 of the Miami Beach City Code, a Veteran Business Enterprise vendor, whose bid amount is within five percent (5%) of the lowest, responsive, responsible bidder,will be provided an opportunity to furnish the bid items at the amount bid by the lowest, responsive, responsible bidder. 3.5 METHOD OF AWARD: 3.5.1 Staff Review/Recommendation. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. The City reserves the right to consider award to secondary and tertiary vendors. 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 Manager's recommendation(s). 3.5.4 Best Vendor. In addition to price and other requirements,the City shall consider the following in making an award determination: BEACH 7 ITB 2014-079-SW PLUMBING SERVICES I Section 3—Special Conditions (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. (5)The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 3.5 TERM OF CONTRACT: The Contract shall commence upon the date of notice of award and shall be effective for two(2)years. 3.6 OPTION TO RENEW: There will be the option to extend for three(3) additional one(1)year periods,subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 3.8 PRICES: All prices quoted in the awardee's bid submittal shall remain firm and fixed, unless amended in writing by the City. 3.8.1 COST ESCALATION. Prices must be held firm during the initial term of the agreement. During the renewal term, the City may consider prices increases not to increase the applicable Bureau of Labor Statistics (www.bls.gov) CPI-U index or 3%, whichever is less. The City may also consider increases based on mandated Living Wage increases. In considering cost escalation due to Living Wage increases, the City will only consider the direct costs related to Living Wage increases, exclusive of overhead, profit or any other related cost. 3.9 EXAMINATION OF CITY FACILITY AND INSPECTION OF CITY EQUIPMENT: NIA 3.10 EQUAL PRODUCT: N/A 3.11 LIQUIDATED DAMAGES: N/A 3.12 INDEMNIFICATION AND INSURANCE: The successful bidder shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. The bidder shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the bidder is acting as an independent contractor, and not as an agent or employees of the City. The successful bidder, at all times during the full term of the contract, shall comply with the following requirements: • No change or cancellation in insurance shall be made without thirty(30)days written notice to the City of Miami Beach Risk Manager. • All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition. • Original signed certificates of insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City is Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance,the successful bidder must submit updated certificates of insurance for as long a period as any work and/or services Q !�'�I ,VIBEACH 8 ITB 2014-079-SW PLUMBING SERVICES I Section 3—Special Conditions are still in progress. • It is understood and agreed that all policies of insurance provided by the bidder are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work and/or services performed in this contract. • All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. • The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: The vendor shall furnish to the Department of Procurement Management, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s)of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: • Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. • Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability, Products/Completed Operations, in an amount no less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. • Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida,with the following qualifications: • The company must be rated no less than °B" as to management, and no less than "Class 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. The foregoing indemnity shall apply to any and all claims and suits other than claims and suits arising out of the gross negligence or willful misconduct of the City of Miami Beach,its officers,agents, and employees. The bidder will notify its insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. m 1�/`,IAMU BEACH 9 ITB 2014-079-SW PLUMBING SERVICES I Section 3—Special Conditions The bidder will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The bidder will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demands Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any section of this contract. Bidder shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by it as it is for acts and omissions of persons directly employed by it. Insurance coverage required in these specifications shall be in force throughout the contract term. Should the successful bidder fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract in default and proceed to terminate same. Please note that the City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. 3.13 BID GUARANTY: N/A 3.14 PERFORMANCE AND/OR PAYMENT BOND: Performance and payment bond, in the full amount of the value of the project,will be required for projects exceeding$300,000. Please refer to Section 2.28-Bid Bonds, Performance Bonds,and Certificates of Insurance. 3.15 CERTIFICATIONS: State Plumbing Contractor of Miami-Dade Master Plumbing 3.16 METHOD OF PAYMENT: Invoices for payment will be submitted upon receipt and acceptance of goods ordered via a Purchase Order. No down or partial down payments will be made. Invoices will be subject to verification and approval by the Contract Administrator,or his/her designated representative. 3.17 SHIPPING TERMS: FOB DESTINATION 3.18 DELIVERY REQUIREMENTS: The Successful Bidders shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip shall be attached to the shipping carton(s)which contain the items and shall be made available to the City's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum,the following information: purchase order number;date of order; a complete listing of items being delivered. 3.19 BACK ORDER ALLOWANCES: Subject to approval by City's authorized representative. 3.20 WARRANTY/GUARANTEE REQUIREMENTS: The contractor warrants the materials supplied and the work performed under this contract conform to warranty materials provided and work performed for one(1)year from date of completion. In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of one(1)year after the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the contractor is under contract with the City at the 10 ITB 2014-079-SW PLUMBING SERVICES I Section 3—Special Conditions time of the defect. Any payment by the City on behalf of the goods or services received from the contractor does not constitute a waiver of these warrant provisions. The contractor shall be responsible for promptly correcting any deficiency, at no cost to the City,within five (5) calendar days after the City notifies the contractor of such deficiency in writing. If the contractor fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the contractor, in writing,that the bidder may be debarred as a City bidder/proposer and/or subject to contractual default if the correction or replacements are not completed to the satisfaction of the City within ten(10)calendar days of receipt of the notice. If the contractor fails to satisfy the warranty within the period specified in the notice, the City may (a) place the contractor in default of the contract, and/or (b) procure the products or services from another contractor and charge the contractor for any additional costs that are incurred by the City for this work or items,either through a credit memorandum or through invoicing. 3.21 MULTIPLE AWARD:The City may award up to three vendors(primary, secondary,tertiary), as available, by line item, by group or in its entirety. The City will endeavor to utilize vendors in order of award. However,the City may utilize other vendors in the event that: 1)a contract vendor is not or is unable to be in compliance with any contract or delivery requirement;2)it is in the best interest of the City to do so regardless of reason. 3.22 CONTRACTOR EMPLOYEE CRIMINAL BACKGROUND CHECK AND ID BADGING REQUIREMENTS: It is a requirement of this bid that contractor comply with all the requirements of Sections 1012.32 and 1012.465, Florida Statutes, requiring that only those contractor employees that have successfully passed the background screening required by the referenced statutes and that meet the standards established by the statutes be allowed access to any City location or prior to the provision of any contract services. This requirement shall extend to all contractor representatives, agents or sub-contractors performing duties under the contract. The background screening will be conducted by The City of Miami Beach Human Resources Department. Contractor will bear the cost, currently estimated at approximately $40.00 per employee (subject to change from time to time), of acquiring the background screening required under Section 1012.32, Florida Statutes, and any fee imposed by the Florida Department of Law Enforcement to maintain the provided with respect to contractor and its personnel. The Parties agree that the failure of Awardee to perform any of the duties described in this section shall constitute a material breach of this solicitation and any resulting agreement for which the City reserves the right to terminate immediately with no further responsibilities or duties to perform under this Agreement. Contractor agrees to indemnify and hold harmless the City, its officers and employees of any liability in the form of physical or mental injury, death or property damage resulting in Awardee's failure to comply with the requirements of this section or Sections 1012.32 and 1012.465, Florida Statutes. Upon successful completion of the required criminal background check,the City will issue ID badges to each contractor employee at a nominal fee, currently $10.00 (subject to change from time to time). Contractor agrees that no contractor employee shall be allowed on any City property without a City issued ID badge worn at all times in a visible and easily readable location.The transfer of ID badge from one employee to another is strictly prohibited and shall be cause for all contractor employees responsible for such action to be immediately removed from City property and contractor fined in accordance with the provisions of Section 4.5. Instructions on obtaining ID badges will be provided after contract award.City ID badges will only be valid for the original term of the contract. Subsequent renewal periods will require new background checks and City ID badges. Contractor agrees to require all its employees to notify the Contractor and the City of any arrest(s) or conviction(s) of any offense within 24 hours of its occurrence. Contractor further agrees to immediately notify the City upon becoming aware that one of its employees which were previously certified as completing the background check is subsequently arrested or convicted of any disqualifying offense. Failure by Contractor to notify the City of such arrest or conviction within 24 hours of being put on notice shall constitute a material breach of the Contract entitling the City to terminate this Contract immediately. M I t"=,1,,A I BEACH 11 ITB 2014-079-SW PLUMBING SERVICES I Section 3—Special Conditions 3.23 MANUFACTURER PRICE LISTS: Bid shall state,on the Bid Price Form,the mark-up against its invoice pricing that bidder will apply to any parts and supplies required under the scope of this ITB.With each payment application or invoice, bidder shall submit documentation verifying the referenced invoice pricing for parts and supplies. ,I II i 0I,^Jkv,l BEACH 12 ITB 2014-079-SW PLUMBING SERVICES Section 4—Technical Specifications SECTION 4.0 TECHNICAL SPECIFICATIONS 4.1 MINIMUM REQUIREMENTS. The following minimum requirements will be considered in the review of each bidder's responsiveness. Failure to meet or exceed minimum requirements will disqualify bidder from consideration. 4.1.1 Licensure/Certification. State Plumbing Contractor of Miami-Dade Master Plumbing. Current licenses must be provided with bid,and no personnel shall service City facilities without said licenses. 4.1.2 Similar Experience. Bidder shall demonstrate previous experience in regards to the requirements of this solicitation for a period of no less than three(3) years in providing these services to at least one government agency in the Tri-County area(Miami-Dade, Broward, Palm Beach). 4.2 SCOPE OF WORK. The successful Bidder shall furnish plumbing services, including parts, labor, materials, equipment and supervision as specified herein and, at a minimum, in accordance with generally accepted industry principles, standards and practices. The City has the need from time to time for various types of plumbing service work. Some work will be of a scheduled nature and other work will be of an emergency nature. The objective of this ITB is to reduce the cost and time of advertising, shorten the response time and improve the efficiency and clarity in the production of the contracts for these services. Any resulting Agreements shall be non-exclusive and no specific amount of work is guaranteed as a result of this ITB. Plumbing work necessary as a result of this IFB will vary according to City requirements.Travel time charges are not allowed. The potential tasks identified in this ITB are for information to the Bidder.Tasks shall not be construed to represent any amount which the City shall be obligated to purchase under the contract,or relieve the Bidder of his obligation to fill all orders placed by the City. No bid will be considered which stipulates that the City guarantees to order a specific quantity of any service. The services anticipated under the resulting contract include, but are not limited to,the following: 1. Installation, repairs,or modification to water, sewer,and drain lines; 2. Installation, repairs, or modification to storm drains and roof drains; 3. Cleaning and unstopping of drains and sewer lines from 1"to 6"; 4. Installation, repairs, or modification on a variety of bathrooms, i.e.,sinks,showers,toilets, urinals,hot water heaters, well pumps,holding tanks,drains and beach showers; 5. Installation, repairs, or modification on a variety of kitchens, i.e.,dishwashers, and drains; and 6. Installation and repairs to gas pipes, pipe insulation, and heat tap. 4.3 SCHEDULING/RESPONSE TIME. Response time requirements shall be as follows: 4.3.1 Emergency Repairs/Service.Work shall commence within four(4) hours of notification. 4.3.2 Non-Emergency or Planned Work. Within 48 hours of PO issuance or as agreed to by the City. 4.4 PARTS AND SUPPLIES. The City may provide supplies, materials or parts necessary for the work performed by the contractor or may require contractor to provide said materials in accordance with the pricing established herein. It shall be the responsibility of the contractor to supply all necessary tools, equipment and transportation to perform the work as requested. The contractor may be requested to obtain supplies, materials or parts from time to time which should be of good quality.The cost of such shall be billed as per the requirements of this ITB. 4.5 PLANNED PROJECTS. From time to time, the County may request an estimated project cost from one or more contractors(irrespective of order of award) prior to authorizing.At its own expense, the contractor shall visit the site and prepare a detailed hourly rate bid, based on theL contractor's contract rates for accomplishing the work. Each bid dAAvAl 13 ITB 2014-079-SW PLUMBING SERVICES Section 4—Technical Specifications prepared by the contractor shall include an acceptable description of the nature, extent and character of the work required, as well as performance and delivery schedules. Work Orders requesting hourly rate bids should not be performed by the contractor until approval of such Work Order has been given by the City. all risk and financial liability for any services rendered without such proper authorization. 4.6 PERMITS. Contractor shall be responsible for attaining permits for any work which requires permits. The City will reimburse the Contractor 100% of the cost of the permits only. No administrative fee is allowed to be assessed to the cost of the permits. 4.7 WARRANTY: Contractor shall fully guarantee all repair work for a period of not less than one year. For new installations, Contractor shall additionally provide full manufacturer warranty to the City. 4.8 VALUE: No guarantee as to the dollar amount of this bid is given or implied. Estimates in the Bid Price Form are strictly for evaluative purposes and may not represent actual work awarded to Contractor(s) under this contract. ;11,JA.A1,i BEAC_H 14 ITB 2014-079-SW PLUMBING SERVICES I Section 5—Bid Price Form SECTION 5.0 BID PRICE FORM • • • : • ' • ;1MI • I ITXI-.•1 . • -• Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance,cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5) shall be completed mechanically or, if manually, in ink. Bid Price Forms(Section 5)completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form (Section 5)shall be initialed. SECTION 5.1 —EQUIPMENT PARTS AND SERVICE .Group`1 Estimated Total Group Annual (Quantity x Unit Item Description service hours U/M Unit Cost Cost)l 1A Hourly Rate- Regular 1600 Hourly Rate $80.00 $128,000.00 1B I Hourly Rate-Non Regular 400 Hourly Rate $120.00 $48,000.00 Estimated Annual Net Cost Group Gross Costs % mark-up (Dealer Invoice Cost Item I Description Dealer Invoice Cost seeSpecial Condition 3.23 X% Mark-up 1 C Mark-u for Parts and Sup lies $50,000 30 % $65,000.00 $241,000.00 Bidder's Affirmation Company: Right Way Plumbing Co. Authorized Representative: Charles Ermer Address: 1329 Shotgun Road Sunrise, FL 33326 Telephone: 954-423-0000 Email: service @rightwayplumbing.com Authorized Representative's Signature: �& DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6/26/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Seitlin, A Marsh&McLennan Agency LLC Co PHONE FAX 1000 Corporate Drvie A/C No Ext: (954) 938-8788 A/C No):(954) 938-8566 Suite 400 E-MAIL ADDRESS: Ft. Lauderdale FL 33334 INSURER(S)AFFORDING COVERAGE NAIC ff INSURER A:Hartford Fire Insurance Co. 19682 INSURED INSURER B:St. Paul Fire & Marine Ins. Co. 124767 Right Way Plumbing Co. INSURER C:Great American E&S Insurance 37532 1329 Shotgun Road INSURER D: Sunrise FL 33326-1935 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 37967 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN RI TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR I INSR WVD POLICY NUMBER MM/DD/YYYY) MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TORENTED A X COMMERCIAL GENERAL LIABILITY Y Y 21UENOH1683 7/1/2013 7/1/2014 PREMISES Ea occurrence) S 500,000 CLAIMS-MADE F_x]OCCUR MED EXP(Any one person) S 10,000 X Contractual Liab. PERSONAL&ADV INJURY $ 1,000,000 X Broad Form PD, XCU I GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG IS 2,000,000 POLICY X jE I LOC $ AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT S 1,000,000 Ea accident A X ANY AUTO Y Y 21UENOH1684 7/1/2013 7/1/2014 BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE S X HIRED AUTOS JX AUTOS Per accident $ B X UMBRELLA LIAB III�X `OCCUR I ZUP-13SO7294-13—NF 17/1/2013 7/1/2014 EACH OCCURRENCE 1 $ 10,000,000 EXCESS LIAB CLAIMS-MADE I AGGREGATE $ 10,000,000 DED X RETENTION S Nil I S WORKERS COMPENSATION WC STATU- OTH- A AND EMPLOYERS'LIABILITY Y/N Y 21WEOH1682 7/1/2013 7/1/2014 X T RY IMIT R ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N❑ N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE S 1,000,000 If yes,describe under ' DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 C I Pollution/ Prof. Liab. PCE262899504 1/8/2013 1/8/2014 Each Claim $ 1,000,000 Retro Date: 1/8/09 Aggregate $ 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) PROOF OF INSURANCE ONLY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF MIAMI BEACH 555 17TH STREET A-UUTH�ORIZZED REPRESENTATIVE MIAMI BEACH FL 33139 ©1988-2010 ACORD CORPORATION, All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ITB 2014-079-SW PLUMBING SERVICES Section 6—Bid Certification& Affidavits SECTION 6,0 BID CERTIFICATION & AFFIDAVITS Failure to submit Section r Certification and Affidavits, and fully executed by deadline .r •.y • • r r r • • rr -r r proposal being ••- • ►• • being rejected. 6.1,General Proposer Information. FIRM NAME: Right Way Plumbing Co. NO OF YEARS IN BUSINESS: 83 NO OF YEARS IN BUSINESS LOCALLY: 83 70.OF EMPLOYEES: 94 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: I FIRM PRIMARY ADDRESS(HEADQUARTERS): 1329 Shotgun Road CITY: Sunrise STATE:FL TELEPHONE NO.: 954-423-0000 TOLL FREE NO.: 800-921-9289 FAX NO.: 954-423-0668 FIRM LOCAL ADDRESS: 1329 Shotgun Road CITY: Sunrise STATE:FL PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Ramon"Piti"Gomez ACCOUNT REP TELEPHONE NO.: 305-205-4699 ACCOUNT REP TOLL FREE NO.: 800-921-9289 ACCOUNT REP EMAIL: service @rightwayplumbing.com FEDERAL TAX IDENTIFICATION NO.: 59-0422570 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 / proposer to perform in accordance with contract requirements. AAA "v",i BEACH 26 ITB 2014-079-SW PLUMBING SERVICES Section 6—Bid Certification& Affidavits 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 Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. 6.3. Miami Beach Based(Local Vendor. Is proposer a Miami Beach based firm? YES x� 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 0 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://supplierportal.dnb.com/webapp/wcs/stores/servIeUSupplierPortal?storeld=11696 The City reserves the right to require other financial information (e.g., audited financial statements, bonding capacity, credit history, etc.), as part of the solicitation submittal requirements or during the evaluation process, as necessary to evaluate financial capacity. kIANM BEACH 27 ITB 2014-079-SW PLUMBING SERVICES I Section 6—Bid Certification& 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. Proposer may attach additional references and ask that additional references submit client surveys as applicable. 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 Statute 287.133, including joint venture partners,who have been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statute 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. Has proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? 0 YES 0 NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to the violation(s)or contract cancellation(s). 6.8. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in ITB. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 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. 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.miamibeachfi.gov/procurement/. Q ,Ni1WV/ l BEACH 28 ITB 2014-079-SW PLUMBING SERVICES Section 6—Bid Certification& Affidavits 6.10. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code,as same may be amended from time to time, proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13 (October 1, 2x12), the hourly living rate will be $11.28/hr with health benefits,and$12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent(3%). The City may also, by resolution, elect not to index the living wage rate in any particular year,if it determines it would not be fiscally sound to implement same(in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfi.gov/procurement/. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 6.11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? 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 employees? 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. BENEFIT Firm Provides for Employees Firm Provides for Employees Firm does not Provide Benefit with Spouses with Domestic Partners Health X Sick Leave Family Medical Leave X Bereavement Leave X m !11`k1A,%A,1 BEACH 29 ITB 2014-079-SW PLUMBING SERVICES Section 6—Bid Certification& Affidavits If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g.,there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfi.gov/procurement/. SUBMITTAL REQUIREMENT: YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C.Without proper documentation,your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist,attach an explanation. 6.12. Other Submittal Requirements. 30 R111D ht WaLff 9 SINCE 1931 Plumbling t..ompany Certified Plumbing-Pollutant Storage- Contractors CORPORATE OFFICE: 1329 SHOTGUN ROAD- SUNRISE, FL 33326-1935 BROWARD (954)423-0000 -DADE(305)885-8948-TOLL FREE(800) 921-9289 References for RIGHT 'WAY PLUMBING CO- r t 6 ti- L Q� Dominic Halley-Roarke '� Assistant to Facility Managers University Of Miami �a Coral Gables, FL 33124 305-284-5399 Luis Larrazabal Lead Operations Manager- AL AT&T 600 NW 79 Ave, Room 1 1 1 Miami, FL 33126 305-260-8386 Glenn Anderson Senior Maintenance and CAM Mgr BJ's Wholesale Club PO Box 5233 Westborough, MA 01581 774-512-6058 Osiel Fundora `" ` c FDOT D6 Facility Manager FL Department of Transportatio C 1001 NW 1 1 1 Ave Miami, FL 33172 305-470-5411 FAX: (954)423-0668 E-MAIL: rwp @rightwayplumbing.cam STATE LIC:CFCO203110/PCCO 49610 :> 8't :.,� b 9 :: j ?i..; :.: 'asrSZ<.... ,..,, �C4..:. �' •,' :.:,aK r :k"fr::J. :q.:� ,.: F>.0;: R��b�\f t 5.•,!::. 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Ay E i Y PLUM 1 oo CFC S,DO .aot Bum_ess Tax.The g tts 'dal Busin tftcelgonyuun#irms ess:Ho t' or a certi of the Older s qualili ernmer. ry la"and requirem is whit b r The:,RECE1 1V4.above asud.h dispiaye n all co y ' Fac mare rmatt o ml SEG. PE O SINES PAY.. CE D 0 196 Pl i RAC BY T t: PLUMBING I 5.0 3 CrCO $7 �� S) 10 TXH� 3-0 6 a"Eacal Business Tax.The. pt'ts not. icanse, t Busin, Recei onfinns any 9 rnmental or ualiti "Hess. Hold; r a cart u la �rirem whi o the b ante Oil Sec RECEI Nt3.abov isplaye' n Al CO ctaE vehi k ' omatic miami e ITB 2014-079-SW PLUMBING SERVICES Section 6-Bid Certification& Affidavits SUBMITTAL CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this 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 Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Proposers Authorized Representative: Title of Proposer's Authorized Representative: Charles Ermer President Signature of Proposers Authorized Representative: Date: 01/15/2014 State of Florida County of Broward This instrument was signed before me on 01/15/2014 by Charles Ermer .0•"'r Print name of Signer(s) :�,•��►� �s�,y, Kt�fSTYNA fRDof: Not�r Public-State Corhm.EExpires ACOMOSSIon!FF Notary Si to Krystyna Ermer Notary Printed Name Notary Public for the State of Florida Affix seal/stamp as close to My Commission expires: Aug 11 , 2017 signature as possible. MIAMI BEACH 31 i ITB 2014-079-SW PLUMBING SERVICES I Section 7-'No Bid'Form 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 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 DEPT. OF PROCUREMENT MANAGEMENT ATTN: Steven Williams BID #2014-079-SW 1700 Convention Center Drive MIAMI BEACH, FL 33139 1 iFfiFv c, /- 32