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Certification of Contract with Interboro Packaging Corporation MIAMIBEACH 13 c CITY OF MIAMI BEACH © ' `--� CERTIFICATION OF CONTRACT TITLE: For Trash Can Liners. CONTRACT NO.: ITB-2017-122-ZD EFFECTIVE DATE(S): This Contract shall remain in effect for three (3) years from date of Contract execution by the Mayor and City Clerk, and may be extended at the sole discretion of the City, though its City Manager, for two (2) additional (1) year terms, if mutually agreed by both parties. SUPERSEDES: N/A CONTRACTOR(S): Interboro Packaging Corporation (Group 1, Item 1.2) ESTIMATED ANNUAL CONTRACT AMOUNT: $16,680.00 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on October 18, 2017 for approval to award a contract, and execution of this Certification of Contract between the City of Miami Beach, Florida, and Interboro Packaging Corp., a New York corporation, (the Contractor). B. EFFECT - This Contract is entered into to provide for trash can liners, pursuant to City Invitation to Bid No. 2017-122-ZD and any exhibits and 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 ITB-2017-122-ZD. 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, Tamika Clear, Public Works Department at 305-673-7000 ext. 3534. 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 1 Page 2 Certification of Contract any portion of work and/or services required by the Contract Documents without the prior written consent of the City. 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. 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. Page 3 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: Tamika Clear, Public Works Department City of Miami Beach Department of Public Works 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: Interboro Packaging Corp. 114 Bracken Road Montgomery, NY. 12549-2600 Attn: Abraham Jeremias Phone: 845-782-6800 Fax: 845-781-2450 E-mail: I nterboroOfrontiernet.net L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. Page 4 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 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. 0. 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 Page 5 Certification of Contract IN WITNESS WHEREOF the City qnd Contractor ave caused this Certification of Contract to be signed and attested on this t day of eeernlj•e, 20 P7, by their respective duly authorized representatives. INTERBORO PACKAGING CORP. CITY OF MIAMI BEACH By President/ i nature Dan Gelber, Mayor Print Name ATTES : ATTEST: Secretary/ Signature Rafael . Grana o, City Clerk 1)0\JO L0d_a -moo 1.ale A. Print Name —4. " ' ;'��:�� I rl 1 * Date �� :=.1t•0 ' , s I ��, a AS TO '&LANGUAGE &FOR EXECUTION I SL- City Attorney P Date 5 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Coversheet Page 1 of 2 Competitive Bid Reports-C2 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L.Morales,City Manager DATE: October 18,2017 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2017-122-ZD, FOR TRASH CAN LINERS. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the City Manager's recommendation pertaining to the bids received, pursuant to ITB 2017-122-ZD,Trash Can Liners. ANALYSIS The Sanitation Division of the Public Works Department requires trash can liners to provide services for routine trash collection at public locations throughout the City, as well as during special events. The Division primarily utilizes two types and sizes of can liners and, by way of this ITB, seeks to establish a contract for the purchase of the required trash can liners on an as-needed basis. ITB PROCESS ITB No. 2017-122-ZD was issued on April 25, 2017, with a bid opening date of May 23, 2017. Three (3) addenda were issued. The Procurement Department issued bid notices to 184 companies utilizing www.publicpurchase.com website and eighty-one (81) companies via email notification. Seventy-six (76) prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of nine (9) responses from: Armchem International Corp., All American Poly, Base Plastics, Central Poly Bag Corp., D2 Distributors, Dispose N Save, Interboro Packaging, Corp., Pancar Industrial, Inc., and AMC Promotional Products. See tabulation sheet(Attachment A). The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB would be recommended for award. The bid submittals from Armchem International Corp., All American Poly, and Central Poly Bag Corp. failed to comply with the bid requirements (see Attachment A for non- compliance notes); and, accordingly, their bids were deemed non-responsive. As a result, Base Plastics, Inc. (for Item 1.1) and Interboro Packaging Corp. (for Item 1.2) have been deemed the lowest responsive and responsible bidders meeting all terms, conditions, and specifications of the ITB. Neither bidder has held a prior contract with the City. Client references provided positive responses. Below is a brief summary of the bidders based on the information provided in the bid responses. According to the information provided by Base Plastics, its goal is to provide a rapidly growing industrial world with superior, cutting edge plastic products for a complete spectrum of needs at the lowest possible prices. It is committed to conducting business with pride and integrity to deliver, quality, service, and value that are consistently better and ahead of its customer's expectations. Some of the core value Base Plastics embraces are: environmentally friendly products and operations, constant quality oversight, diversified suppliers, and a positive work environment. The reference checks for this firm resulted in positive According to the information provided by Interboro Packaging, they are a small minority business enterprise which supplies high quality plastic disposable packaging supplies & represents all major high quality plastic manufacturers. For 33 years they have served nationwide municipalities; including states, counties, cities, towns, school districts & different government agencies. The company distributes plastic can & trash can liners, corrugated boxes, and all types of tapes. Additionally, they also distribute a full line of paper goods and janitorial, custodial, cleaning, and maintenance supplies. Its broad range of products allows them to remain dedicated to providing quality products in a timely fashion to its customer base. https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?Iteml... 11/2/2017 Coversheet Page 2 of 2 CONCLUSION After considering the bids received, pursuant to ITB 2017-122-ZD, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of Items 1.1 and 1.2 to Base Plastics and Interboro Packaging, respectively; and further authorize the Mayor and City Clerk to execute the contracts. KEY INTENDED OUTCOMES SUPPORTED Improve Cleanliness In High Traffic Residential And Pedestrian Areas,Including Maximizing Deployment Of Trash Cans On Every Corner FINANCIAL INFORMATION Amount 1 $60,000.00 Account 1 435-0430-000343 Legislative Tracking Sanitation/Procurement ATTACHMENTS: Description 0 Attachment A https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?Iteml... 11/2/2017 Invitation to Bid(ITB)2017-122-ZD Trash Can Liners Tabulation (Attachment A) I Item 1.1 Type I Clear/Natural Can Liners Item 1.2 Type II Black Can Liners Bidders (Estimated Quantity:360,000 Liners) (Estimated Quantities:100,000) Unit Cost Extended Price Unit Cost Extended Price 1 Base Plastics,Inc. $0.106 $38,016.00 1 $0.181 $ 18,100.00 2 C-eatrat-Pelyt-or*,2 $0.123 $ 44,280.00 $0.141 $ 11,100.00 3 Interboro Packaging Corp. $0.125 $ 45,000.00 $0.167 $16,680.00 1 4 "ll *-3 $0446 $ 41,760.00 $0.147 $ 11,700.00 5 Dispose N Save $0.132 $ 47,520.00 $0.197 $ 19,700.00 6 l Cer 3 $0.080 $ 28,929.60 $0.220 $ 22,020.00 7 D2 Distributors $0.201 $ 72,360.00 $0.233 $ 23,300.00 8 Pancar Industrial Supply $0.138 $ 49,680.00 $0.160 $ 16,000.00 9 AMC Promotional Products $0.188 $ 67,680.00 $0.188 $ 18,800.00 'Recommended for Award 'Deemed non-responsive:Documentation of equivalency not submitted along with samples submitted. 'Deemed non-responsive:Failed to submited cost proposal form on revised form as required. ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS MIAMI BEACH Procurement Department, 1755 Meridian Avenue. 3t" Floor, Miami Beach, Florida 33139. www.miamibeachfl.gov, 305-673-7490 ADDENDUM NO.3 INVITATION TO BID NO. 2017-122-ZD TRASH CAN LINERS May 16, 2017 y This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. I. MODIFICATION(S): 1. Appendix C, Minimum Requirements & Specifications, Item C1.2, Black Can Liners(Type II), (page 26) has been revised as follows: C1.2. Black Can Liners (Type II). Type II can liners shall meet or exceed the following specifications: • Manufacturer: Boardwalk(or other approved manufacturer), and • Model: BWK 519(or other approved equivalent), and • Size: 60 gallon, and • Color: Black, and • Thickness:4-5-1_2 mil • Liners shall be new, and • Liners shall be free of imperfections and/or defects which might affect appearance, normal life, or serviceability. • Liners shall be uniformly made, free from pinholes, tears, cuts, and creases. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(a�miamibeachfl.gov Contact: Telephone: Email: Zuleika Davidson 305-673-7000 ext. 6943 zuleikadavidsonPmiamibeachfl.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Sin -r= Alz, Den': Pr. •-ment Director 1 ADDENDUM NO.3 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS MIAMI BEACH Procurement Department, 1755 Meridian Avenue, 3' Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov, 305-673-7490 ADDENDUM NO. 2 INVITATION TO BID NO. 2017-122-ZD TRASH CAN LINERS May 12, 2017 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. I. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Tuesday, May 23, 2017, at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(c�miamibeachfl.gov Contact: Telephone: Email: Zuleika Davidson 305-673-7000 ext. 6943 zuleikadavidson@miamibeachfl.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s)for not submitting a proposal. Sint -I Ale 9- is Prot urement Director 1 ADDENDUM NO.2 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS MIAMI BEACH miamibeachfl. 305-673-7490 Procurement Department, 1755 Meridian Avenue, 3 Floor, Miami Beach, Florida 33139, www 9ov, ADDENDUM NO. 1 INVITATION TO BID NO. 2017-122-ZD TRASH CAN LINERS May 10,2017 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City.The ITB is amended in the following particulars only. I. DELETE Appendix E, Cost Proposal Form, in its entirety, and REPLACE with the Revised Cost Proposal Form, included herein as Exhibit A. Failure to submit the attached Revised Cost Proposal Form (REVISION 1) shall render proposal non-responsive,and said non-responsive proposal shall not be considered by the City. II. ATTACHMENT(S): • Exhibit A-Appendix E, Revised Cost Proposal Form REVISION 1) Failure to submit the attached Revised Cost Proposal Form (REVISION 1) shall render proposal non-responsive,and said non-responsive proposal shall not be considered by the City. • Exhibit B-Tabulation ITQ 2015-032-JR • Exhibit C-Tabulation ITQ 2017-003-TC Ill. RESPONSES TO QUESTIONS RECEIVED: Q1. Can you please provide the tabulation for ITQ 2015-032-JR? Al. Please refer to Exhibit B. Q2. Are there samples of the current bags that we may view? If so, can you send me, I can provide a FedEx slip so that there is no cost to you. A2. Samples will not be provided; however, please refer to Appendix C, Minimum Requirements and Specifications, Section Cl, Technical Specifications (pg. 26) for product specifications. Q3. There are no quantities listed on the bidding documents. How many total bags should be considered to determine pricing? A3. Please refer to Exhibit A- Revised Cost Proposal Form(REVISION 1). Q4. Will you provide an estimate of the number of orders (and quantities per order) throughout the year? A4. Please refer to response A3 above. Q5. Do you have volume estimates to be considered for bidding? A5. Please refer to response A3 above. 1 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS Q6. How many delivery locations are there? A6. At this time, there is one (1) location for delivery. However, the City may add additional delivery locations throughout the term of the contract. Q7. Please provide the awards and tabulation of the previous trash can liners bid. A7. Please refer to Exhibits B and C. Q8. Can we call UPS at our expense and pick up a sample of each of the bag currently being used? A8. Please refer to response A2 above. Q9. Can you please provide me with the previous award information and tabulations? A9. Please refer response A7 above. Q10. Can you confirm how many locations would be expecting delivery? A10. Please refer to response A6 above. Q11. Is there a loading dock and pallet jack at the location(s)to assist with unloading? Al1. No, there is not a loading dock. The user department has a forklift and a pallet jack available for the unloading. Q12. Will this be awarded by line item, a whole or by section? Al2. Please refer to Section 0200, Instruction to Bidders, Number 14, Method of Award of the ITB. Q13. Can you please let us know the quantities for the products listed on this bid? A13. Please refer to response A3 above. Q14. On page 26, C 2.1 it states that you need samples minimum 1 box of no less than 12 units. Please explain if you need one full box or 12 units (bags). A14. A box of 12 units (liners)will suffice. Q15. Is certificate of insurance required with the bid, or upon award? A15. The certificate of insurance is required upon award and contract execution. Q16. Can you give us an estimate or amount ordered in the past of each type of liner? A16. The estimated annual usage for the clear/natural trash can liners has been 2,400 cases (360,000 liners) and 1,000 cases (100,000 liners) for the black. Quantities may vary during City hosted special events. 2 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS Q17. What dimensions(exact size)are you currently using for the 60 gal. bag? A17. The dimension of the black trash liners is 38"x 58", 1.5 MIL. Q18. What ml. thicknesses are you requesting for item no 1.1. Is this the same thickness that you are currently using? If not, what thickness are you currently purchasing? A18. The thickness for the clear/natural trash can liner that the City is requesting is 1.0 MIL; the same the user department currently purchases. Q19. What are you currently paying per bag? A19. Currently,the City is paying approximately the following per trash can liner: • Clear/natural: $0.14 • Black: $0.23 Q20, What is the case count(liners per case)for each size currently purchased? A20. Clear/natural: 150 bags per case Black: 100 bags per case Q21. What is the case weight currently being purchased for each liner? A21. Clear/natural: 19.30 lbs. Black: 17.5 lbs. Q22. What price are you currently paying for the 2 can liners, and who is the vendor? A22. Please refer to response A19 above.The vendors awarded are as follows: • Clear/natural: Rex Chemical • Black: WW Grainger and Home Depot 023. Is there a previous awarded contract for this bid? If so, what was the awarded price?Who was the awarded vendor? A23. Please refer to Exhibit C. Q24. Are contract to be delivered as a one-time full order or on as-needed basis? If as needed basis, can I be provided with any type of per order history/annual usage? A24. Orders shall be on as-needed basis. Please refer to response Alb above. 25. With the possibility of inflation or deflation in resin pricing, if this is an as-needed contract, can seasonal price redetermination clause be added according to a quarterly or annual CPI index? A25. No, prices shall remain fixed during the initial term of the contract. The City may consider price adjustments per CPI index at the renewal options of the contract. Please refer to Appendix D, Special Conditions, No 2.1, Option to Renew with Price Adjustment(pg. 28). 3 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS Q26. If I provide a return envelope, would it be possible to receive a few samples of the current can liners? A26. Please refer to response A2 above. Q27. Do you require sample of proposed products to be submitted with proposal? A27. Yes, a minimum of one (1) box of no less than 12 units is required. Please refer to Appendix D, Special Conditions, Section C2.1 (pg. 26) and additionally Section 0200, Instruction to Bidders, Number 64, Samples(pg. 12). Q28. If we can provide samples and any technical data/literature, can an alternative equivalent product be quoted as well? Of course we would offer a material that we feel can match the standards of quality of the noted brands listed in the bid. A28. Yes, if submitting an "equal" product, the bidder shall submit each of the following: • Manufacturer's Product Information Sheets; and • Product Samples (minimum one(1) box of no less than 12 units); and • Independent Performance Test Results. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado miamibeachfl.00v Contact: Telephone: Email: Zuleika Davidson 305-673-7000 ext. 6943 zuleikadavidso_ppmiamibeachtloov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. S2. A -x D-- s P • . ement Director 4 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS EXHIBIT A- Appendix E, Revised Cost Proposal (REVISION 1 ) Failure to submit the attached Revised Cost Proposal Form (REVISION 1) shall render proposal non-responsive, and said non-responsive proposal shall not be considered by the City. 5 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS APPENDIX E REVISED COST PROPOSAL FORM-GROUP 1 REVISION 1) Failure to submit Appendix E, Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-res•onsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this 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 Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E)shall be initialed. ITEM DESCRIPTION QUANTITY UNIT OF UNIT TOTAL ESTIMATE MEASURE4 COST COST 1.1 TYPE I CAN LINER 360,000 PER BAG $ $ (see specifications p.26) Size:40"x48" Color:Clear/Natural MAKE: 3DELIVERY ARO: 2MODEL: 4UNITS PER CASE: bags/box; boxes I case ITEM DESCRIPTION QUANTITY UNIT OF UNIT TOTAL ESTIMATE MEASURE4 COST COST 1.2 TYPE II CAN LINER 100,000 PER BAG $ $ (see specifications p. 26) Size:60 Gallon Color: Black (MAKE: 3DELIVERY ARO: 2MODEL: 4UNITS PER CASE: bags/box; boxes/case I See Appendix C, Section C2,p. 26. 2 See Appendix C, Section C2,p. 26. 3 See Appendix D,Section 9,p. 29. Bidder shall state the estimated time for delivery of all orders. 4 Because packaging may differ among bidders, the City will utilize the "PER BAG" cost for comparative purposes only. Bidder shall state the number of liners per box and the number of boxes per case. The City expects to order full cases when placing orders. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: 6 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS APPENDIX E REVISED COST PROPOSAL FORM-GROUP 2 REVISION 1 Failure to submit Appendix E, Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. The project/contract manager may request quotes from contractors authorized to participate in the Pre-Qualified Bidder Pool. Responsive, responsible bidders (awarded or not for Group I) are eligible to participate in the Pre- Qualified Bidder Pool, at the discretion of the bidder and as indicated on the Cost Proposal Form at the time of submission. The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form(Appendix E)shall be initialed. GROUP 2 POOL OF PREQUALIFIED CONTRACTORS Does bidder wish to be considered for Pool of Prequalified Contractors(See Appendix D, Special Condition 2 p. 28) Note:Bidder shall be deemed responsive and responsible prior to being eligible to participate in Pool of Yes No Prequalified Contractors. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: 7 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS EXHIBIT B- Tabulation ITQ 2015-032-JR 8 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS TABULATION SHEET ITQ# 2015-032-1R PURCHASE OF TRASH BAGS 1777 Cnterboro Packaging Corporation 4 $ 21.51 $ 86,040.00 $ 14.24 $ 4,272.00 $ 90,312.00 Un}}ipak Corp. $ 19.21 $ 76,840.00 $ 15.90 $ 4,770.00 $ 81,610.00 ° E Ame r. . .. 1131 $x 47 =. ,_.000 5 w Aleph Industry $ 24.00 $ 96,000.00 $ 24.00 $7,200.00 $ 103,200.00 Cheney Brothers $ 24.28 $ 97,120.00 $ 16.79 $ 5,037.00 $ 102,157.00 Calico Industries $ 19.74 $ 78,960.00 $ 12.94 $ 3,882.00 $ 82,842.00 Pemica,Inc. $ 25.30 $ 101,200.00 $ 25.50 $ 7,650.00 $ 108,850.00 Central Poly Corp. $ 18.20 $ 72,800.00 $ 17.90 $ 5,370.00 $ 78,170.00 All Florida Paper $ 17.15 $ 68,600.00 $ 14.15 $ 4,245.00 $ 72,845.00 Dade Paper and Bag 11=1 $ 71,000.00 $ 14.55 $ 4,365.00 $ 75,365.00 LTO.201 032 IR Page 1 Opened 10/24/14 @Spm 9 ADDENDUM NO,1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS EXHIBIT C- Tabulation ITQ 2017-003-TC 10 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS ITQ#2017-003-TC U J 0. 0. a.0 0 z U • J Q r a os3 0 via. O J Q O E71 3 UU I- U Z Y = w IQ a u x z H uFi DESCRIPTIONCC a 0 o BAG/LINER,150 PER CASE,1 MII,25 BAGS/ROLL,6 ROLL/CASE,40X48 COST PER $ 20.74 $ 22.18 $ 23.34 $ 25.00 I11 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS INVITATION TO BID (ITB) Trash Can Liners 2017-122-ZD BID ISSUANCE DATE: APRIL 25, 2017 BID DUE: MAY 16, 2017 ISSUED BY: MIAMI BEACH Zuleika Davidson, Procurement Contracting Officer I PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd Floor, Miami Beach, FL 33139 305.673.7000 x 69431 www.miamibeachfl.gov TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 15 APPENDICES: APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO BID" FORM 23 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 25 APPENDIX D SPECIAL CONDITIONS 27 APPENDIX E COST PROPOSAL FORM 31 APPENDIX F INSURANCE REQUIREMENTS 34 ITB 2017-122-ZD 2 SECTION 0200 INSTRUCTIONS TO BIDDERS 1. GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently,the successful Bidders(s) (the"contractor[s]") if this ITB results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The purpose of this solicitation is to establish a contract with a qualified firm to provide trash cans liners, as specified herein, to the City. The City is seeking bids from qualified firms to: 1) provide the City with various routine can liners as established in Appendix E (Cost Proposal Form); and/or 2) participate in a pool of prequalified firms to quote on future needs for can liners (to be specified at a later date). Interested firms may: submit a bid response solely for Group 1 (black and clear/natural can liners); or submit a bid response solely for Group 2 (pool of prequalified firms); or submit a bid response for both Groups 1 and 2. The requirements and specifications are further detailed herein and, specifically, in Appendix C.All items shall be furnished to the City FOB Destination, Freight Pre-Paid. 3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: IssuedITB April 25, 2017 Pre-Bid Meeting Deadline for Receipt of Questions May 5, 2017 Responses Due May 16, 2017 Tentative Commission Approval Authorizing Award June 7, 2017 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Zuleika Davidson 305-673-7490 Ext.6943 zuleikadavidson(a7miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado • miamibeachfl.•ov; or via 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 date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. ITB 2017-122-ZD 3 4. INTENTIONALLY OMITTED. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.qov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2 373 • LIVING WACE REQUIREMENT CITY CODE SECTIONS 2107 THROUGH 2 110 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance,furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that. Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ITB 2017-122-ZD 4 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS.The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. NOT USED. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified,without delay or interference. • The character, integrity, reputation,judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 15. MULTIPLE AWARD.The City may award 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. 16. BINDING CONTRACT.The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of ITB 2017-122-ZD 5 the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 21.AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 22. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 23. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation,without the prior written consent of the City. 24. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable ITB 2017-122-ZD 6 times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three(3)years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid 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 successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 28. 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 part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least seven (7)calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including,without limitation, responses to 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 specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Procurement Department, 1755 Meridian Ave., 3rd Floor, Miami Beach, FL 33139 with a copy to the City Clerk. 30. COLLUSION.Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. ITB 2017-122-ZD 7 Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order (ARO), in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays,from 8:30 A.M. to 4:00 P.M. 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges(For example, 12-14 days)will be accepted. 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. 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. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the 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 source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance 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 the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this ITB 2017-122-ZD 8 subsection. 36. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder,the decision of the City shall be final and binding on all parties. 37. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid,with the latest Addendum taking precedence; then C. The Bid; then D. The bidder's bid in response to the Bid. 38. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City 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 list. 39. 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 article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers'and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. 40. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 41. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a"first priority" under the emergency conditions noted above. 42. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. ITB 2017-122-ZD 9 43. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 44. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City,for the purpose of influencing consideration of this Bid. 48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 49. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. ITB 2017-122-ZD 10 If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 50. LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 51. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 52. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 53. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 54. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 55. 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 time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 56. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 57. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of ITB 2017-122-ZD 11 government or non-profit agency. 58. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 59. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 60. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 61. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 62. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. 63. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 64. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Department, 1755 Meridian Ave., 3rd Floor, Miami Beach, FL 33139. 65. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 66. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from ITB 2017-122-ZD 12 the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 67. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 68.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination,which shall become effective upon receipt by the bidder of the written termination notice. 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 by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable"cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 71. 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. 72. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s)offered and furnished. ITB 2017-122-ZD 13 73. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. ITB 2017-122-ZD 14 SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids.Additionally, three (3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within two (2) days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. Bid Proposals are to be delivered to the following address: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive.All corrections on the Cost Proposal Form shall be initialed. • TAB 2-Bid Certification, Questionnaire and Affidavits (Appendix A). • TAB 3—Samples. See Appendix C, Section C2 (p. 26). 3. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2017-122-ZD 15 APPENDIX "A" M I AM I BEACH Proposal Certification , Questionnaire & Requirements Affidavit 2017- 122-ZD Trash Can Liners PROCUREMENT DEPARTMENT 1755 Meridian Ave., 3rd Floor Miami Beach, Florida 33139 ITB 2017-122-ZD 16 Solicitation No: Solicitation Title: 2017-122-ZD Trash Can Liners Procurement Contact: Tel: Email: Zuleika Davidson 305-673-7000 ext.6943 zuleikadavidson a(7miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE &REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: No.of Employees: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.. The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. ITB 2017-122-ZD 17 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES 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. 2. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/storeslservlet/Su pplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800.424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun &Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request. 3. Conflict Of Interest.All Proposers must disclose, in their Proposal,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. 4. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted,the following information is required: 1)Firm Name,2)Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 5. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred,suspended or other legal violation, or had a contract cancelled due to non-performance b any public sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is"YES,"Proposer shall submit a statement detailing the reasons that led to action(s). 6. 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 solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others,the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business ITB 2017-122-ZD 18 Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. 8. rates listed below: • Commencing with City fiscal year 2011 15(January 1, 2015),the hourly living rate will be$11.62/hr.with inflation using the Consumer Price Index for all Urban Consumers (CPI U) Miami/Ft. Lauderdale, issued by the U.S. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 9. ._ .. . . . . . .. . .. - .e.•:.• - - - . -- - •- . . -• • ... . - - --• - . .. _ _ .. . YES ?i9 partners*or to domestic partners of employees? YES fV9 BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave 10. Public Entity Crimes.Section 287.133(2)(a), Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may ITB 2017-122-ZD 19 not submit a proposal, proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 11. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi,nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract resulting from a competitive solicitation,unless the proposer certifies in writing that the business has adopted and employs written policies,practices,and standards that are consistent with the City's Fair Chance Ordinance,set forth in Article V of Chapter 62 of the City Code("Fair Chance Ordinance"),and which,among other things,(i)prohibits City contractors,as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment;(ii)prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and(iii)prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time.By virtue of executing this affidavit,Proposer certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract,and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. 14. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. DISCLOSURE AND DISCLAIMER SECTION ITB 2017-122-ZD 20 The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest.In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal,the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations,interpretations, and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness.No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal(or Proposals),as same may be modified,and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law.All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses.At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ITB 2017-122-ZD 21 • PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA ) On this day of ,20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: ITB 2017-122-ZD 22 APPENDIX B M I AM I BEACH " No Bid " Form 2017- 122-ZD Trash Can Liners PROCUREMENT DEPARTMENT 1755 Meridian Ave., 3rd Floor Miami Beach, Florida 33139 Note:lt is important for those vendors who have received notification of this solicitation but hae decided not to respond, to complete and submit the attached "Statement of No Bid." The "Statement of No Bid" provides the City with information on how to improve the solicitation process. Failure ,to submit a "Statement of No Bid" may result in not being notified of future solicitations by the City. ITB 2017-122-ZD 23 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal _Insufficient time to respond Specifications unclear or too restrictive _ Unable to meet specifications _Unable to meet service requirements Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal 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: Zuleika Davidson Bid#: 2017-122-ZD 1755 Meridian Ave., 3rd Floor MIAMI BEACH, FL 33139 ITB 2017-122-ZD 24 APPENDIX C M I AM I BEACH Minimum Requirements & Specifications 2017- 122-ZD Trash Can Liners PROCUREMENT DEPARTMENT 1755 Meridian Ave., 3rd Floor Miami Beach, Florida 33139 ITB 2017-122-ZD 25 Cl.TECHNICAL SPECIFICATIONS. C1.1. Clear 1 Natural Can Liners (Type I).Type I can liners shall meet or exceed the following specifications: • Manufacturer: Interplast(or other approved manufacturer), and • Model: TP40481 M (or other approved equivalent), and • Size: 40 x 48, and • Color: Natural or Clear, and • Liners shall be new, and • Liners shall be free of imperfections and/or defects which might affect appearance, normal life, or serviceability. • Liners shall be uniformly made,free from pinholes, tears, cuts, and creases. C1.2. Black Can Liners (Type II). Type II can liners shall meet or exceed the following specifications: • Manufacturer: Boardwalk(or other approved manufacturer), and • Model: BWK 519 (or other approved equivalent), and • Size: 60 gallon, and • Color: Black, and • Thickness: 1.5 mil • Liners shall be new, and • Liners shall be free of imperfections and/or defects which might affect appearance, normal life, or serviceability. • Liners shall be uniformly made, free from pinholes, tears, cuts, and creases. C2. CONSIDERATION OF "EQUAL" PRODUCT.The manufacturer's name, brand name and/or model number information contained in this solicitation are being used for the sole purpose of establishing the minimum requirement of level of quality, standard of performance, and design and is in no way intended to prohibit the offer of another manufacturer's items of equal material unless otherwise indicated on the Bid/Proposal Submission Form. The City may consider an "equal" substitution for the items specified herein only under the following conditions. C2.1. Documentation of Equivalency.Any bidder wishing to submit an "equal"product shall submit each of the following for the City's consideration. Failure to submit the requested documentation of equivalency WITH ITS BID or WITHIN THREE(3) DAYS OF REQUEST BY THE CITY shall result in disqualification of"or equal"product. • Manufacturer's Product Information Sheets; and • Product Samples(minimum one (1) box of no less than 12 units); and • Independent Performance Test Results, The City shall be sole judge of equality, based on the best interests of the City, and its decision in this regard shall be final. Items labeled "No Substitute" on the City's Bid/Proposal Submission Form are the only products that will be accepted under this solicitation. ITB 2017-122-ZD 26 APPENDIX D M I AM I BEACH Special Conditions 2017- 122-ZD Trash Can Liners PROCUREMENT DEPARTMENT 1755 Meridian Ave., 3rd Floor Miami Beach, Florida 33139 ITB 2017-122-ZD 27 1. TERM OF CONTRACT. The contract shall remain in effect for three (3) years from date of contract execution by the Mayor and the City Clerk. The City of Miami Beach will have the option to renew the contract at the sole discretion of the City Manager for an additional two (2), one (1) year periods, on a year-to-year basis. Renewal of the contract is a City of Miami Beach prerogative, not a right of the Contractor. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only and shall not constitute an implied renewal of the contract. Said month- to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six(6)months. 2. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the three (3) year term of this contract; provided however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. 2.1 OPTION TO RENEW WITH PRICE ADJUSTMENT: The contract could be extended for an additional two (2), one (1) year terms, on a year to year basis, at the sole discretion of the City Manager. Prior to completion of each exercised contract term, the City may consider and adjustment to price based on Consumer Price Index increase. Change shall not be more than the percentage increase or decrease in the Consumer price Index CPI-U (all urban areas)computed 60 days prior to the anniversary date of the contract. It is the vendor's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised period, the vendor's request for adjustment should be submitted 60 days prior to expiration of the then current contract term. The vendor adjustment request must clearly substantiate the requested increase. If no adjustment request is received from the vendor, the City will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. 3. ROADMAP FOR PROJECTS AWARDED PURSUANT TO POOL OF PREQUALIFIED CONTRACTORS. The project/contract manager may request quotes from contractors authorized to participate in the Pre-Qualified Bidder Pool. Responsive, responsible bidders (awarded or not for Group I) are eligible to participate in the Pre-Qualified Bidder Pool, at the discretion of the bidder and as indicated on the Cost Proposal Form at the time of submission. 3.1 For projects with an estimated cost up to $50,000, the project/contract manager may solicit written or telephone quotes prior to requesting a Purchase Order be issued for the work. 3.2 For projects with an estimated cost exceeding $50,000, the project/contract manager may solicit written quotes. Prior to issuing a Purchase Order for projects in this category, the City Manager's approval is required. ITB 2017-122-ZD 28 3.3 In determining the lowest and best contractor for the project, in addition to price, there shall be considered the following: (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. The City Manager's approval is required when the contractor offering the lowest cost is not selected. 4. METHOD OF PAYMENT. Invoices for payment shall be submitted, no later than three (3) business days after works has been performed, by the technician in the field to the Contracts Manager or a City representative who will verify time and material spent to complete a specific job. No down payments or partial payments will be made. 5. SHIPPING TERMS. Prices shall include freight to City's premises, and shall be F.O.B. Destination. The successful bidder shall hold title to the goods until such time as they are delivered, installed and accepted by an authorized City representative. 6. PURCHASE ORDERS: A purchase order is required for all work. All invoices shall reflect the accurate Purchase Order number. Failure to do so will result in rejection of invoice. 7. INTENTIONALLY OMITTED. 8. PARKING. The Contractor is responsible for any all Parking Fees, Parking Tickets, and Towing Expenses. The City will not reimburse any fees for towing, parking tickets, or fees. 9. DELIVERY REQUIREMENTS. The time of delivery may be a consideration for this bid. Bidders shall indicate on their response the number of calendar days required to complete the order and shall adhere to those times if awarded. The bidder shall deliver products to the location(s) listed on the purchase orders and during the agreed upon delivery times. Delivery schedule must be confirmed with the requesting department 24 hours prior to intended delivery. 9.1 Delays—date of delivery may be extended for a specific period of time when the delay is the result of a natural disaster, war, civil commotion, strike or any other condition beyond the control of the Successful Bidder provided that written notice (via email) and verbal notice (via the telephone) is provided to the requesting department representative immediately upon knowledge of the delay. The written and verbal notice shall include the estimated delivery time and the reason for the delay. Written approval of the delay must be provided by the requesting department representative to the Successful Bidder. 10. BACKORDERS/ DELAYS IN DELIVERY SHALL NOT BE ALLOWED.The City shall not allow any late deliveries attributed to product back order situations under this contract. Accordingly, the ITB 2017-122-ZD 29 vendor is required to deliver all items to the City within the time specified in this solicitation and resultant contract; and no grace period on account of back order situations shall be honored, unless written authorization is issued by the user department, and a new delivery date is mutually established. In the event that the vendor fails to deliver the products within the time specified, the City reserves the right to cancel the order, seek the items from another vendor, and charge the incumbent vendor for any re-procurement costs. If the vendor fails to honor these re-procurement costs, the City may terminate the contract for default. 11. PACKING SLIPS/DELIVERY TICKETS. The successful bidder 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; and back-order quantities and estimated delivery of back-orders if applicable. 12. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS. The Bidder hereby acknowledges and agrees that all materials/products, except where recycled content is specifically requested, supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to the City by the Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the order and return such materials/products to the Bidder to replace the materials/products at the Bidder's expense. Balance of Page Intentionally Left Blank ITB 2017-122-ZD 30 APPENDIX E M I AM I BEACH Cost Proposal Form 2017- 122-ZD Trash Can Liners PROCUREMENT DEPARTMENT 1755 Meridian Ave., 3rd Floor Miami Beach, Florida 33139 ITB 2017-122-ZD 31 APPENDIX E COST PROPOSAL FORM -GROUP 1 Failure to submit Appendix E,Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this 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 Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E) shall be initialed. ITEM DESCRIPTION QUANITITY UNIT OF UNIT TOTAL ESTIMATE MEASURE' COST COST (A) (B) (C) 1.1 TYPE I CAN LINER $ PER BAG $ $ (see specifications p.26) Size:40"x48" Color:Clear/Natural 'MAKE: 3DELIVERY ARO: 2MODEL: 'UNITS PER CASE: bass/box; boxes/case ITEM DESCRIPTION QUANITITY UNIT OF UNIT TOTAL ESTIMATE MEASURE' COST COST (A) (B) (C) 1.2 TYPE II CAN LINER $ PER BAG $ $ (see specifications p.26) Size:60 Gallon Color: Black 'MAKE: 3DELIVERY ARO: 2MODEL: 4UNITS PER CASE: bass/box; boxes/case ' See Appendix C,Section C2,p.26. 2 See Appendix C, Section C2,p.26. 3 See Appendix D,Section 9, p.29.Bidder shall state the estimated time for delivery of all orders. 4 Because packaging may differ among bidders, the City will utilize the"PER BAG"cost for comparative purposes only. Bidder shall state the number of liners per box and the number of boxes per case. The City expects to order full cases when placing orders. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-122-ZD 32 APPENDIX E COST PROPOSAL FORM -GROUP 2 Failure to submit Appendix E, Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. The project/contract manager may request quotes from contractors authorized to participate in the Pre- Qualified Bidder Pool. Responsive, responsible bidders (awarded or not for Group I) are eligible to participate in the Pre-Qualified Bidder Pool, at the discretion of the bidder and as indicated on the Cost Proposal Form at the time of submission. The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E)shall be initialed. GROUP 2 POOL OF PREQUALIFIED CONTRACTORS Does bidder wish to be considered for Pool of Prequalified Contractors(See Appendix D, Special Condition 2 p. 28) Note:Bidder shall be deemed responsive and responsible prior to being eligible to participate in Pool of Pre Iualified Contractors. Yes No Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-122-ZD 33 APPENDIX F M AM I BEACH Insurance Requirements 2017- 122-ZD Trash Can Liners PROCUREMENT DEPARTMENT 1755 Meridian Ave., 3rd Floor Miami Beach, Florida 33139 ITB 2017-122-ZD 34 M I AM I BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers'Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence -owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 —Other $ .00 XXX 7. Thirty(30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2017-122-ZD 35 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) Entity Information Page 1 of 3 NYS Department of State Division of Corporations Entity Information The information contained in this database is current through November 1, 2017. Selected Entity Name: INTERBORO PACKAGING CORP. Selected Entity Status Information Current Entity Name: INTERBORO PACKAGING CORP. DOS ID #: 790438 Initial DOS Filing Date: AUGUST 31, 1982 County: KINGS Jurisdiction: NEW YORK Entity Type: DOMESTIC BUSINESS CORPORATION Current Entity Status: ACTIVE Selected Entity Address Information DOS Process (Address to which DOS will mail process if accepted on behalf of the entity) INTERBORO PACKAGING CORP. 114 BRACKEN ROAD MONTGOMERY, NEW YORK, 12549-2600 Chief Executive Officer ABRAHAM JEREMIAS 114 BRACKEN ROAD MONTGOMERY, NEW YORK, 12549-2600 https://appext20.dos.ny.gov/corp public/CORPSEARCH.ENTITY_INFOR... 11/2/2017 Entity Information Page 2 of 3 Principal Executive Office INTERBORO PACKAGING CORP. ABRAHAM JEREMIAS 114 BRACKEN ROAD MONTGOMERY, NEW YORK, 12549-2600 Registered Agent NONE This office does not record information regarding the names and addresses of officers, shareholders or directors of nonprofessional corporations except the chief executive officer, if provided, which would be listed above. Professional corporations must include the name(s) and address(es) of the initial officers, directors, and shareholders in the initial certificate of incorporation, however this information is not recorded and only available by viewing the certificate. *Stock Information # of Shares Type of Stock $ Value per Share 200 No Par Value *Stock information is applicable to domestic business corporations. Name History Filing Date Name Type Entity Name AUG 31, 1982 Actual INTERBORO PACKAGING CORP. A Fictitious name must be used when the Actual name of a foreign entity is unavailable for use in New York State. The entity must use the fictitious name when conducting its activities or business in New York State. NOTE: New York State does not issue organizational identification numbers. https://appext20.dos.ny.gov/corp_public/CORPSEARCH.ENTITY_INF OR... 11/2/2017 Entity Information Page 3 of 3 Search Results New Search Services/Programs Privacy Policy Accessibility Policy Disclaimer Return to DOS Homepage Contact Us https://appext20.dos.ny.gov/corp public/CORPSEARCH.ENTITY_INFOR... 11/2/2017 INVITATION TO BID ( ITB) Trash Can Liners 2017-122-ZD BID ISSUANCE DATE: APRIL 25, 2017 BID DUE: MAY 16, 2017 ISSUED BY: MIAMI EACH Zuleika Davidson, Procurement Contracting Officer I PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd Floor, Miami Beach, FL 33139 305.673.7000 x 69431 www.miamibeachfl.gov TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 15 APPENDICES: APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO BID" FORM 23 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 25 APPENDIX D SPECIAL CONDITIONS 27 APPENDIX E COST PROPOSAL FORM 31 APPENDIX F INSURANCE REQUIREMENTS 34 ITB 2017-122-ZD 2 SECTION 0200 INSTRUCTIONS TO BIDDERS 1. GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently,the successful Bidders(s) (the"contractor[s]") if this ITB results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The purpose of this solicitation is to establish a contract with a qualified firm to provide trash cans liners, as specified herein, to the City. The City is seeking bids from qualified firms to: 1) provide the City with various routine can liners as established in Appendix E (Cost Proposal Form); and/or 2) participate in a pool of prequalified firms to quote on future needs for can liners (to be specified at a later date). Interested firms may: submit a bid response solely for Group 1 (black and clear/natural can liners); or submit a bid response solely for Group 2 (pool of prequalified firms); or submit a bid response for both Groups 1 and 2. The requirements and specifications are further detailed herein and, specifically, in Appendix C. All items shall be furnished to the City FOB Destination, Freight Pre-Paid. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued April 25, 2017 Pre-Bid Meeting N/A Deadline for Receipt of Questions May 5, 2017 Responses Due May 16, 2017 Tentative Commission Approval Authorizing Award June 7, 2017 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Zuleika Davidson 305-673-7490 Ext.6943 zuleikadavidsonOmiamibeachfl.gov dditionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado(a,miamibeachfl.gov; or via 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 date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. kL:.A 4,4r3 atica'Lrorrzn%Y'. aS Tawara`a."aS3,,§Tris C,sorz"idS ar....mY:::Y`.'Isawc r.4.an:[e"u"a4B^raarawar`Par°arca•.AZG.".+AW.;.:`.LL.aAR3Yta:3$S:mc..,,*REv Ei,1ar ITB 2017-122-ZD 3 4. INTENTIONALLY OMITTED. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation.Addendum will be released through PublicPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/iindex.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.qov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2 373 • LIVING WAGE REQUIREMENT - • •' - -" • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. r,;1"G.W1"+^Mre'ty„';,:,.i..L&YS,:P."3$wl'uFY awMP.n tS.%w w'L4C;.. :W 4YJ2,"L+'§".V••Rffi$,1S +9i4 .t..G";:::,,"%.i'R.dSS.^r:&A:..5^"++t5:&'r"h3"9tkR.. - 5. kS'ld.M1x' FL$3 filo:Y::A3W8i*4R'«iYS'/'aF, :WS 'LtiIIE ITB 2017-122-ZD 4 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS.The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. NOT USED. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City.The City Commission shall consider the City Manager's recommendation(s)and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified,without delay or interference. • The character, integrity, reputation,judgment,experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 15. MULTIPLE AWARD.The City may award 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. 16. BINDING CONTRACT. The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of .,....:;z Barre sr.«•w.. .+•—.xv:,.a.a�:.._ra:;:.:,a:....n P.To, z-.v a.:c�o .:ss:axes4�a+si- ....,... ,�..rs.�xra...., zms�at.suz:;ancu ana: .4,03 aaasaers,w.x'masre5.-xessms ITB 2017-122-ZD 5 the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1)Addendum in reverse order of release; 2)Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 21.AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request.TTY users may also call 711 (Florida Relay Service). 22. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 23. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation,without the prior written consent of the City. 24. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable ITB 2017-122-ZD 6 times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books,documents, papers and records pertinent to the Contract for three(3)years after the City makes final payment and all other pending matters are dosed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid 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 successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 28. 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 part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least seven (7) calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to 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 specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Procurement Department, 1755 Meridian Ave., 3rd Floor, Miami Beach, FL 33139 with a copy to the City Clerk. 30. COLLUSION.Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. ITB 2017-122-ZD 7 Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order (ARO), in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 4:00 P.M. 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges (For example, 12-14 days)will be accepted. 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. 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. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the 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 source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance 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 the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this ITB 2017-122-ZD 8 subsection. 36. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services(as the case may be)to be furnished hereunder, the decision of the City shall be final and binding on all parties. 37. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid,with the latest Addendum taking precedence;then C. The Bid; then D. The bidder's bid in response to the Bid. 38. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City 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 list. 39. 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 article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. 40. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 41. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during,and after a • public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a"first priority" under the emergency conditions noted above. 42. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. „5:.,:"..tiw..K::19'.Y...':::A. ^`"3£flSU t'1E9S1.a 1 '.:,:.w6YdanczZ 31iY.b,.:'.«_;R... AY,@:z:3:xw L.k,.:"fX.R:Wo .,_ N,Y'.•:AX x`F.,.....«.:Fk.12&".&C`3,'fl XA 13TFP34:aT:"S";?Yh'.7Ak:"'!'4`iPi""Y�"+'45::.'h. Wl.S9Vd1 i 'E0fA^.S:w SZCM&£+4t ITB 2017-122-ZD g 43. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5)days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 44. FACILITIES.The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 49. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. 2fib YCrsy#.xbdSMbsa.Csrad Y b.efmwi�v2.-M:N+'b:PdtTti' 9 aS)`e.vYl6:Yx Eabi:S^3A&c�f#.P.x*.a Y.} .At v..,.v ...., e.Kti:*w✓.5+.i aS llhZ �k a:.T.',*LR<Y:Ai .Y..&C.n Y'".%"+Y.;*Vv tl:Fmb 93k°k'¢+.,i`l /.h5ierx Tvb. ITB 2017-122-ZD 10 If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 50. LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 51. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 52. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 53. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 54. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 55. 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 time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 56. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 57. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of .;aa .2 n ,nx.•,a.+:a,..,;.u='amass*a. :a..c,s,..amz*.,a.x. ...sw^.:..cc... :u.0::rT ,e;:rx..x a,�-c;3-.Ez r,.:s x. . .. ,..mw.a sea.,r. <::u r.,:.a au:,r„ra..a,-:s .w LL.. ,.e.xasr.,x.a.,zn v,:.a:-e :a .sraa°ht ITB 2017-122-ZD 11 government or non-profit agency. 58. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 59. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 60. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 61. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 62. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. 63. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 64. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items,when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Department, 1755 Meridian Ave., 3rd Floor, Miami Beach, FL 33139. 65. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 66. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from ITB 2017-122-ZD 12 the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 67. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 68. TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. 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 by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable"cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 71. 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. 72. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s)offered and furnished. ITB 2017-122-ZD 13 73. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. ITB 2017-122-ZD 14 SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within two (2) days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. Bid Proposals are to be delivered to the following address: City of Miami Beach 1 Procurement Department J 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive. All corrections on the Cost Proposal Form shall be initialed. • TAB 2-Bid Certification, Questionnaire and Affidavits (Appendix A). • TAB 3—Samples. See Appendix C, Section C2 (p.26). 3. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. w..u...nn: ,+...1 aa+.:puu'.v"l.ctir ..dd.:a'%i+e`... `.Y&:.'d •...':�P321d8Y'ddk .TwatflavflT...W,......L w.:M...ta;eYX.9S.Nl:*CF'a' . :.kX Os'W's i?eX::"k.GfiYitiM'W%xv AE+.<a§.'..XtiSlRYi S,.NAI. Y:k K11fx.y.4%Fa3.*L9NM ITB 2017-122-ZD 15 APPENDIX "A" M I AM I BEACH Proposal Certification , Questionnaire & Requirements Affidavit 2017- 122-ZD Trash Can Liners PROCUREMENT DEPARTMENT 1755 Meridian Ave., 3rd Floor Miami Beach, Florida 33139 .§;s'au8 ,.,, i"CrLSA".: eNZU":9rt1 1fi.0""71,16ft.a:`WA S!"r.£kea °a'S6'".I.w:-.. w%u.tt ,a'>,.:a•'.d5aalW,4471AA.V. .54 ITB 2017-122-ZD 16 Solicitation No: Solicitation Title: 2017-122-ZD Trash Can Liners Procurement Contact: Tel: Email: Zuleika Davidson 305-673-7000 ext.6943 zuleikadavidson4miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE& REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: loicybow No of Years in Business: ; , No of Years in Business Locally: No.of Employees: 3) 39 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: 111Ct FIRM PRIMARY ADDRESS(HEADQUARTERS): 11 6 (fit(n CITY: Gi STATE: n ZIP CODE: I`�— TELEPHONE NO.:►V G(._4 - 7(' ,q)Xo 0 TOLL FREE NO.: Q FAX NO.: &15..;__ 1.34 5-0 FIRM LOCAL ADDRESS: I1H 6t -C n CITY: tl� 10.11 rrr,C STATE: r P ZIP CODE: 9 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: /4Q GOM Te—ve n is S ACCOUNT REP TELEPHONE NO.: �� U-Y3(0 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: 111 yV c,vO@ �- FEDERAL TAX IDENTIFICATION NO.: ►- 6:335111 The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. ITB 2017-122-ZD 17 1. Veteran Owned Business.Is Proposer claiming a veteran owned business status? YES 71 I 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. 2. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at: https://s u pplierportal.dnb.comlwebap plwcs/stores/servlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process,contact Dun & Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request. 3. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. 4. References&Past Performance. Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted,the following information is required: 1)Firm Name,2)Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 5. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred,suspended or other legal violation, or had a contract cancelled due to non-performance b any public sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is"YES,"Proposer shall submit a statement detailing the reasons that led to action(s). 6. 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 solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics.Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including,among others,the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business <1, .����� x i.4. :ar ..l.as . . *, „�n:: a .t ITB 2017-122-ZD �� �� ���� �—� 18 Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. 8. . ..• - . • •!. . Z•..• - • - • , . .. •• • . _ •.. , rate, below: Proposers'fai " - .e..: • • . . ' . •.. - - •. .. - _ , .•- _ SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 9. _ •• - provide -Equal Benefits' to their employees with domestic partners, as they provide to employees with spouses. The NO !: .- .:••:.• . . - . . . .•. •- •••: •- • .••• • -•.. • - • :: • '. _ NB .... . _ . . .• . . •- ... . :ea.- :.••- , ..• . . .. • -ranee. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave 10. Public Entity Crimes.Section 287.133(2)(a), Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may ITB 2017-122-ZD 19 not submit a proposal, proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes,and certifies it has not been placed on convicted vendor list. 11. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race,color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract resulting from a competitive solicitation,unless the proposer certifies in writing that the business has adopted and employs written policies,practices,and standards that are consistent with the City's Fair Chance Ordinance,set forth in Article V of Chapter 62 of the City Code("Fair Chance Ordinance"),and which,among other things,(i)prohibits City contractors,as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment;(ii)prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and(iii)prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time.By virtue of executing this affidavit,Proposer certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract,and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. 14. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt C L 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. DISCLOSURE AND DISCLAIMER SECTION .; ..k_ ,txf.4; .ei°&L_V: FMV ate. ,,.,_.:, ,r. �� WW<..,.,. ':ti ITB 2017-122-ZD 20 The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest.In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal,the applicant agrees to deliver such further details,information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including,without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers.It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness.No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal(or Proposals),as same may be modified,and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law.All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time,all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ..9a,:....va.., ,..}.... .: 2.,....,z.,. .,,rat.nalt,rirbUZ..,'.n::.1=°°°`,),,'"S' f.t�,,,..,a'S,. , ::....'.. '...x.,.:<F.: %2... VP., ?.,a::TQW:rt rd:r11°,4.L"" w"va?'"...; PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments,exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Name f Proposer's`r' Authorized Representative: Title of Proposer s�Athhorized Representative: o11 o Lcrnlo 1uttY' Signature,6 roposer4 Authorized Representative: Date: Liu) New gotk State of FL-0RIE*- ) On this'day of MCS 20J1 personally appeared before me e-ay.-, lir. ciu who County of Klieg ) stated that (s)he is the ,C.P." of 1r►Ie)hcwo , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of )�. My Commission Expires: cbi✓2c'�20 . MAYER JEREMIAS Notary Public—State Of New York No.01JE43343141 Qualified In Orange County My Commission Expires June 06,2020 k;.:" ,,.< ..•.:"»„- -w ac^- ... .. ;..LS......SL£t».s„a.w.c,cw.:«e <,..;u:as.wr,w- =a:.r3ara' 7...n "4":,a*i ITB 2017-122-ZD 22 APPENDIX B M I A f\A 1 BEACH " No Bid " Form 2017- 122-ZD Trash Can Liners PROCUREMENT DEPARTMENT 1755 Meridian Ave., 3rd Floor Miami Beach, Florida 33139 rx'73 76 "ion yrs *o-rete and subt a „� ' s. r a Cit ith forma io ht t r t 3 e s fro pi c cess Failur 'jams a M =tate e t f N© �d u t r of being notif ed of utur ' aux ITB 2017-122-ZD Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal 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: Zuleika Davidson Bid #: 2017-122-ZD 1755 Meridian Ave., 3rd Floor MIAMI BEACH, FL 33139 ITB 2017-122-ZD 24 APPENDIX C AA I AM BEAC H m RequirementsMinima 8( Specifications 2017- 122-ZD Trash Can Liners PROCUREMENT DEPARTMENT 1755 Meridian Ave., 3rd Floor Miami Beach, Florida 33139 ,LIn� ,. : , ",�..::C'".m?'.� :i `.a«�..a .,s.�-�..._x...r.' i".��m�"I.g;..�..�.t+".'"�.u' `i� � 'a:: �:�3"�." r ^£. traa 25 ITB 2017-122-ZD Cl.TECHNICAL SPECIFICATIONS. C1.1. Clear/Natural Can Liners(Type I).Type I can liners shall meet or exceed the following specifications: • Manufacturer: Interplast(or other approved manufacturer), and • Model: TP40481 M (or other approved equivalent), and • Size: 40 x 48,and • Color: Natural or Clear,and • Liners shall be new, and • Liners shall be free of imperfections and/or defects which might affect appearance, normal life, or serviceability. • Liners shall be uniformly made,free from pinholes, tears, cuts, and creases. C1.2. Black Can Liners (Type II). Type II can liners shall meet or exceed the following specifications: • Manufacturer: Boardwalk(or other approved manufacturer), and • Model: BWK 519 (or other approved equivalent), and • Size: 60 gallon, and • Color: Black, and • Thickness: 1.5 mil • Liners shall be new, and • Liners shall be free of imperfections and/or defects which might affect appearance, normal life, or serviceability. • Liners shall be uniformly made,free from pinholes, tears, cuts, and creases. C2. CONSIDERATION OF"EQUAL" PRODUCT.The manufacturer's name, brand name and/or model number information contained in this solicitation are being used for the sole purpose of establishing the minimum requirement of level of quality, standard of performance, and design and is in no way intended to prohibit the offer of another manufacturer's items of equal material unless otherwise indicated on the Bid/Proposal Submission Form. The City may consider an"equal" substitution for the items specified herein only under the following conditions. C2.1. Documentation of Equivalency.Any bidder wishing to submit an"equal"product shall submit each of the following for the City's consideration. Failure to submit the requested documentation of equivalency WITH ITS BID or WITHIN THREE (3) DAYS OF REQUEST BY THE CITY shall result in disqualification of"or equal"product. • Manufacturer's Product Information Sheets; and • Product Samples(minimum one (1) box of no less than 12 units); and • Independent Performance Test Results, The City shall be sole judge of equality, based on the best interests of the City, and its decision in this regard shall be final. Items labeled "No Substitute" on the City's Bid/Proposal Submission Form are the only products that will be accepted under this solicitation. ,..r ;,,,,,,,,'$..._,.. ',;tbL";9C.,$...SSS.C$:•.�ux ":a.I"S.=A+z3exli*., `v*:..�x>'. , . 26 ITB 2017-122-ZD AP-PENDIX D M I AM I B EAC H Special Conditions 2017- 122-ZD Trash Can Liners PROCUREMENT DEPARTMENT 1755 Meridian Ave., 3rd Floor Miami Beach, Florida 33139 ,..�.�..v,.:wL.F'..^s .. ^n�'.S3$°�"a'....�1:�";'s:�•�c`. ,:' ;a '":�°:".t .a'�.�'c*�.`5`'T �.*�. .!^ �'":..�3;e;._a^.u.�N� l. .E""tY;f.�... .�.:,+,.:�, +�n.. "+,"4.. .:ri..t,,.�'�,..'t.,zs ITB 2017-122-ZD 27 1. TERM OF CONTRACT. The contract shall remain in effect for three (3) years from date of contract execution by the Mayor and the City Clerk. The City of Miami Beach will have the option to renew the contract at the sole discretion of the City Manager for an additional two (2), one (1) year periods, on a year-to-year basis. Renewal of the contract is a City of Miami Beach prerogative, not a right of the Contractor.' Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only and shall not constitute an implied renewal of the contract. Said month- to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein,and shall not exceed six(6) months. 2. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the three (3) year term of this contract; provided however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. 2.1 OPTION TO RENEW WITH PRICE ADJUSTMENT: The contract could be extended for an additional two (2), one (1) year terms, on a year to year basis, at the sole discretion of the City Manager. Prior to completion of each exercised contract term, the City may consider and adjustment to price based on Consumer Price Index increase. Change shall not be more than the percentage increase or decrease in the Consumer price Index CPI-U (all urban areas) computed 60 days prior to the anniversary date of the contract. It is the vendor's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised period, the vendor's request for adjustment should be submitted 60 days prior to expiration of the then current contract term. The vendor adjustment request must clearly substantiate the requested increase. If no adjustment request is received from the vendor, the City will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. 3. ROADMAP FOR PROJECTS AWARDED PURSUANT TO POOL OF PREQUALIFIED CONTRACTORS. The project/contract manager may request quotes from contractors authorized to participate in the Pre-Qualified Bidder Pool. Responsive, responsible bidders(awarded or not for Group I) are eligible to participate in the Pre-Qualified Bidder Pool, at the discretion of the bidder and as indicated on the Cost Proposal Form at the time of submission. 3.1 For projects with an estimated cost up to $50,000, the project/contract manager may solicit written or telephone quotes prior to requesting a Purchase Order be issued for the work. 3.2 For projects with an estimated cost exceeding $50,000, the project/contract manager may solicit written quotes. Prior to issuing a Purchase Order for projects in this category, the City Manager's approval is required. cam"..„,.,:., ,xx.r.. _ ....9—._. a . , 1,1ur ,-s... .a..7 .^. ails—?,'ng 13.1.A, 4.V.k : OIM 28 ITB 2017-122-ZD 3.3 In determining the lowest and best contractor for the project, in addition to price, there shall be considered the following: (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. The City Manager's approval is required when the contractor offering the lowest cost is not selected. 4. METHOD OF PAYMENT. Invoices for payment shall be submitted, no later than three (3) business days after works has been performed, by the technician in the field to the Contracts Manager or a City representative who will verify time and material spent to complete a specific job. No down payments or partial payments will be made. 5. SHIPPING TERMS. Prices shall include freight to City's premises, and shall be F.O.B. Destination. The successful bidder shall hold title to the goods until such time as they are delivered, installed and accepted by an authorized City representative. 6. PURCHASE ORDERS: A purchase order is required for all work. All invoices shall reflect the accurate Purchase Order number. Failure to do so will result in rejection of invoice. 7. INTENTIONALLY OMITTED. 8. PARKING. The Contractor is responsible for any all Parking Fees, Parking Tickets, and Towing Expenses. The City will not reimburse any fees for towing, parking tickets, or fees. 9. DELIVERY REQUIREMENTS. The time of delivery may be a consideration for this bid. Bidders shall indicate on their response the number of calendar days required to complete the order and shall adhere to those times if awarded. The bidder shall deliver products to the location(s) listed on the purchase orders and during the agreed upon delivery times. Delivery schedule must be confirmed with the requesting department 24 hours prior to intended delivery. 9.1 Delays—date of delivery may be extended for a specific period of time when the delay is the result of a natural disaster, war, civil commotion, strike or any other condition beyond the control of the Successful Bidder provided that written notice (via email) and verbal notice (via the telephone) is provided to the requesting department representative immediately upon knowledge of the delay. The written and verbal notice shall include the estimated delivery time and the reason for the delay. Written approval of the delay must be provided by the requesting department representative to the Successful Bidder. 10. BACKORDERS/ DELAYS IN DELIVERY SHALL NOT BE ALLOWED. The City shall not allow any late deliveries attributed to product back order situations under this contract. Accordingly, the _27, _ .. ,r as s.�.....� �..c r —1.0-2,.€�.�*.'.w.�.d..aw.� �ti, "1..r.a�.�,...«aF;...>...,...��t�„� _a. ...4...��..eta.a''a";Y�.P,a».:��t3..�."�;t..u�.,.�,.r'R.�....a� ITB 2017-122-ZD 29 vendor is required to deliver all items to the City within the time specified in this solicitation and resultant contract; and no grace period on account of back order situations shall be honored, unless written authorization is issued by the user department, and a new delivery date is mutually established. In the event that the vendor fails to deliver the products within the time specified, the City reserves the right to cancel the order, seek the items from another vendor, and charge the incumbent vendor for any re-procurement costs. If the vendor fails to honor these re-procurement costs,the City may terminate the contract for default. 11. PACKING SLIPS/DELIVERY TICKETS. The successful bidder 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; and back-order quantities and estimated delivery of back-orders if applicable. 12. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS. The Bidder hereby acknowledges and agrees that all materials/products, except where recycled content is specifically requested, supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to the City by the Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the order and return such materials/products to the Bidder to replace the materials/products at the Bidder's expense. Balance of Page Intentionally Left Blank :Ats.t2,earitkarZAS,L,LdiAT . _. ITB 2017-122-ZD 30 EXHIBIT A- Appendix E, Revised Cost Proposal (REVISION 1 ) r. . Ea tune to suf mtt"the attached Revised-CdSt Proposal'Form"(REVISION`tI`shall render,proposal non responsive, and said non-responsive proposal shall not be c(k Gity �gnsi�ere by the +� w . ..... 5 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS APPENDIX E REVISED COST PROPOSAL FORM-GROUP 1 (REVISION 1) Failure tbto'sub►it Appendix E,Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in pro easel bein•deemed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this 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 Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E)shall be initialed. ITEM " DESCRIPTION ` QUANTITY°' UNIT OF UNIT TOTAL ESTIMATE MEASURE4 COST COST 1.1 TYPE I CAN LINER 360,000 PER BAG $ g•6,it Si_ - I",3ci o (see specifications p. 26) Size:40"x48" Color:Clear/Natural { 'MAKE:Zi\J LIU'-1S-)(4 i. 3DELIVERY ARO: IC Days 2MODEL: r COY meie * 1.1 4UNITS PER CASE: 15(3 bags/box; 1 boxes/case ITEM'" y ©ESCRIPTION ;; "-QUANT ITV' UNIT;OF.k £ UNIT TOTAL ESTIMATE MEASURE4 COST COST 1.2 TYPE II CAN LINER 100,000 PER BAG $ � g $M(,(,0 0.00 (see specifications p. 26) Size:60 Gallon Color:Black 'MAKE: 8xh 3DELIVERY ARO: 10 00.15 2MODEL: , S Fey- `cirlr), 1•L 4UNITS PER CASE: 106 bags/box; I boxes I case ' See Appendix C,Section C2,p. 26. 2 See Appendix C,Section C2,p. 26. 3 See Appendix D,Section 9, p.29. Bidder shall state the estimated time for delivery of all orders. } Because packaging may differ among bidders, the City will utilize the "PER BAG' cost for comparative purposes only. Bidder shall state the number of liners per box and the number of boxes per case. The City expects to order full cases when placing orders. '1 Bidder's Affirmation:; Company: IMO/MIEN/1/111111114 11111111.11111 Authorized Representative: Address: 11 gra " rf •�� 1't .9aragiMM_ Telephone: S- .2• FSU Authorized Representative's Signature: 6 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS APPENDIX E REVISED COST PROPOSAL FORM—GROUP 2 (REVISION 1) Failure to submit Appendix E, Cost.Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected The project/contract manager may request quotes from contractors authorized to participate in the Pre-Qualified Bidder Pool. Responsive, responsible bidders (awarded or not for Group I) are eligible to participate in the Pre- Qualified Bidder Pool, at the discretion of the bidder and as indicated on the Cost Proposal Form at the time of submission. The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E) shall be initialed. POOL OF PREQUALIFED CONTRACTORS .. .. u.. . Does bidder wish to be considered for Pool of Prequalified Contractors(See Appendix D, Special Condition 2 p. 28) Nate:bidders^all be deemed responsive and responsible prat to being eligible to participate in Pool of Yes .,/ No Prequalified Contractors. , `, ` Sidde'sAffirmation` y Company: Y1 G1s� Authorized Representative: cor U Address: L. oteC r Telephone: *t-i5- • , / Email: s ev be ro(1 • rY? L2 , .h.Q iffarawar Authorized Representative's Signature: 418.1111111111111111 7 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS APPENDIX F /V\ IAMIBEACH Insurance Requirements 2017- 122-ZD Trash Can Liners PROCUREMENT DEPARTMENT 1755 Meridian Ave., 3rd Floor Miami Beach, Florida 33139 ITBi_. x. i . .w .T. . ESM f ..ATtTa`,� .Vr. ,.Isirs i in ,. ,: 2017-122-ZD 34 MI AM I BEAC H INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers'Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in"insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence -owned/non-owned/hired automobiles included. 4. Excess Liability- $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _Builders Risk completed value $ .00 _Liquor Liability $ .00 _Fire Legal Liability $ .00 Protection and Indemnity $ .00 —Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. .=' ,..,aldlatAtlta, SAV_, ...c<.t,:.?.",S9.aVef-€n2:In't,7 ,21 1*EalEt. ?", altti ITB 2017-122-ZD 35 MIAMI BEACH Procurement Department, 1755 Meridian Avenue, 3`° Floor, Miami Beach, Florida 33139, www.miamibeachfl.cgov, 305-673-7490 ADDENDUM NO. 1 INVITATION TO BID NO. 2017-122-ZD TRASH CAN LINERS May 10,2017 This Addendum to the above-referenced ITS is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City.The ITB is amended in the following particulars only. I. DELETE Appendix E, Cost Proposal Form, in its entirety, and REPLACE with the Revised Cost Proposal Form, included herein as Exhibit A. Failure to submit the attached Revised Cost Proposal Form (REVISION'1)shall render proposal no 4esponsive and said nori-resporisive proposal"Shall not be.considered by,the.City. : _ .. II. ATTACHMENT(S): • Exhibit A-Appendix E, Revised Cost Proposal Form (REVISION 1) Failure°to submit the attached Revised Cost Proposal Form (REVISION 1) shall render proposal non-responsive,and said nonresponsive proposal shall not be considered by the City. • Exhibit B-Tabulation ITQ 2015-032-JR • Exhibit C-Tabulation ITQ 2017-003-TC III. RESPONSES TO QUESTIONS RECEIVED: Q1. Can you please provide the tabulation for ITQ 2015-032-JR? Al. Please refer to Exhibit B. Q2. Are there samples of the current bags that we may view? If so, can you send me, I can provide a FedEx slip so that there is no cost to you. A2. Samples will not be provided; however, please refer to Appendix C, Minimum Requirements and Specifications, Section Cl, Technical Specifications (pg. 26) for product specifications. Q3. There are no quantities listed on the bidding documents. How many total bags should be considered to determine pricing? A3. Please refer to Exhibit A-Revised Cost Proposal Form(REVISION 1). Q4. Will you provide an estimate of the number of orders (and quantities per order) throughout the year? A4. Please refer to response A3 above. Q5. Do you have volume estimates to be considered for bidding? A5. Please refer to response A3 above. 1 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS Q6. How many delivery locations are there? A6. At this time, there is one (1) location for delivery. However, the City may add additional delivery locations throughout the term of the contract. Q7. Please provide the awards and tabulation of the previous trash can liners bid. A7. Please refer to Exhibits B and C. Q8. Can we call UPS at our expense and pick up a sample of each of the bag currently being used? AS. Please refer to response A2 above. 09. Can you please provide me with the previous award information and tabulations? A9. Please refer response A7 above. Q10. Can you confirm how many locations would be expecting delivery? A10. Please refer to response A6 above. Q11. Is there a loading dock and pallet jack at the location(s)to assist with unloading? All. No, there is not a loading dock. The user department has a forklift and a pallet jack available for the unloading. Q12. Will this be awarded by line item, a whole or by section? Al2. Please refer to Section 0200, Instruction to Bidders, Number 14, Method of Award of the ITB. Q13. Can you please let us know the quantities for the products listed on this bid? A13. Please refer to response A3 above. Q14. On page 26, C 2.1 it states that you need samples minimum 1 box of no less than 12 units. Please explain if you need one full box or 12 units(bags). A14. A box of 12 units (liners)will suffice. 015. Is certificate of insurance required with the bid, or upon award? A15. The certificate of insurance is required upon award and contract execution. Q16. Can you give us an estimate or amount ordered in the past of each type of liner? A16. The estimated annual usage for the clear/natural trash can liners has been 2,400 cases (360,000 liners) and 1,000 cases (100,000 liners) for the black. Quantities may vary during City hosted special events. 2 I ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS Q17. What dimensions(exact size)are you currently using for the 60 gal. bag? A17. The dimension of the black trash liners is 38"x 58", 1.5 MIL. Q18. What ml. thicknesses are you requesting for item no 1.1. Is this the same thickness that you are currently using? If not,what thickness are you currently purchasing? A18. The thickness for the clear/natural trash can liner that the City is requesting is 1.0 MIL; the same the user department currently purchases. Q19. What are you currently paying per bag? A19. Currently,the City is paying approximately the following per trash can liner: • Clear/natural: $0.14 • Black: $0.23 Q20. What is the case count(liners per case)for each size currently purchased? A20. Clear/natural: 150 bags per case Black: 100 bags per case 021. What is the case weight currently being purchased for each liner? A21. Clear/natural: 19.30 lbs. Black: 17.5 lbs. Q22. What price are you currently paying for the 2 can liners, and who is the vendor? A22. Please refer to response A19 above.The vendors awarded are as follows: • Clear!natural: Rex Chemical • Black:WW Grainger and Home Depot Q23. Is there a previous awarded contract for this bid? If so, what was the awarded price?Who was the awarded vendor? A23. Please refer to Exhibit C. Q24. Are contract to be delivered as a one-time full order or on as-needed basis? If as needed basis, can I be provided with any type of per order history/annual usage? A24. Orders shall be on as-needed basis. Please refer to response A16 above. 25. With the possibility of inflation or deflation in resin pricing, if this is an as-needed contract, can seasonal price redetermination clause be added according to a quarterly or annual CPI index? A25. No, prices shall remain fixed during the initial term of the contract. The City may consider price adjustments per CPI index at the renewal options of the contract. Please refer to Appendix D, Special Conditions, No 2.1, Option to Renew with Price Adjustment(pg.28). 3 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS Q26. If I provide a return envelope, would it be possible to receive a few samples of the current can liners? A26. Please refer to response A2 above. 027. Do you require sample of proposed products to be submitted with proposal? A27. Yes, a minimum of one(1) box of no less than 12 units is required. Please refer to Appendix D, Special Conditions, Section C2.1 (pg. 26) and additionally Section 0200, Instruction to Bidders, Number 64,Samples (pg. 12). Q28. If we can provide samples and any technical data/literature, can an alternative equivalent product be quoted as well? Of course we would offer a material that we feel can match the standards of quality of the noted brands listed in the bid. A28. Yes, if submitting an "equal" product, the bidder shall submit each of the following: • Manufacturer's Product Information Sheets; and • Product Samples(minimum one(1)box of no less than 12 units); and • Independent Performance Test Results. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadona miamibeachfLgov Contact: Telephone: 1 Email: Zuleika Davidson , 305-673-7000 ext. 6943 zuleikadavidson_Amiamibeachfl.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Aety--,) Aex Dens Procedement Director 4 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS EXHIBIT B- Tabulation ITQ 2015-032-JR 8 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS TABULATION SHEET ITO# 2015-032-1R PURCHASE OF TRASH BAGS 4000 Cases 40"X48" 1300 Cases 38."X 58Grand Total COMPANY NAME Case Price Total Case Price Total Interboro Packaging Corporation $ 21.51 $ 86,040.00 $ 14.24 $ 4,272.00 $ 90,312.00 Unipak Corp. $ 19.21 $ 76,840.00 $ 15.90 $ 4,770.00 $ 81,610.00 All American $ 12.31 $ 49,240.00 $ 14.26 $ 4,278.00 $ 53,518.00 Aleph Industry $ 24.00 $ 96,000.00 $ 24.00 $ 7,200.00 $ 103,200.00 Cheney Brothers $ 24.28 $ 97,120.00 $ 16.79 $ 5,037.00 $ 102,157.00 Calico Industries $ 19.74 $ 78,960.00 $ 12.94 $ 3,882.00 $ 82,842.00 Pemica,Inc. $ 25.30 $ 101,200.00 $ 25.50 $ 7,650.00 $ 108,850.00 Central Poly Corp. $ 18.20 $ 72,800.00 $ 17.90 $ 5,370.00 $ 78,170.00 All Florida Paper $ 17.15 $ 68,600.00 $ 14.15 $ 4,245.00 $ 72,845.00 Dade Paper and Bag $ 17.75 $ 71,000.00 $ 14.55 $ 4,365.00 $ 75,365.00 ITQ 2014-032-1R Page 1 Opened 10/24/14 @ 3pm 9 ' ADDENDUM NO.1 INVITATION TO BID NO.20 1 7-1 22-ZD TRASH CAN LINERS EXHIBIT C- Tabulation ITQ 2017-003-TC 10 ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS ITQ#2017-003-TC U } J a J a Q 0 0 z 0 J z C a D 0 VI w J Q Ct. a Ct 0 2 Z j U z Y Lt -CC I Q a v X Z cFn DESCRIPTION CC a 0 0 BAG/LINER,150 PER CASE,1 MIL,25 BAGS/ROIL,6 ROLL/CASE,40 X 48 COST PER $ 20.74 $ 22.18 $ 23.34 $ 25.00 11 I ADDENDUM NO.1 INVITATION TO BID NO.2017-122-ZD TRASH CAN LINERS 5/10/2017 Public Purchase:Bid Questions urchasei‘i 1 Home Search. s Browse .rw Stu ' Tools ._.. Questions for Bid ITB #2017-122-ZD - Trash Can Liners Question#1 There are no quantities listed on the bidding Apr 25, 2017 2:45:18 PM EDT documents? How many total bags should be considered to determine pricing? Will you provide an estimate of the number of orders (and quantities per order) throughout the year? Thank you, Answers Please refer to addendum no. 1. May 10, 2017 1:34:35 PM EDT Question #2 How many delivery locations are there? Apr 26, 2017 1:08:55 PM EDT Please provide the awards and tabulation for the previous Trash Can Liners Bid. Answers Please refer to addendum no. 1. May 10, 2017 1:34:41 PM EDT Question #3 On pg 26, C2.1 it states that you need Apr 27, 2017 11:00:40 AM EDT samples minimum 1 box of no less than 12 units. please explain if you need one full box or 12 units (bags). Thank You Answers Please refer to addendum no. 1. May 10, 2017 1:34:52 PM EDT Question#4 what price are you currently paying for the 2 May 1, 2017 1:47:40 PM EDT can liners, and who is the vendor? Answers Please refer to addendum no. 1. May 10, 2017 1:34:57 PM EDT Question #5 We'd like to know what classification code you May 2, 2017 4:25:25 PM EDT put in when you published this bid through Public Purchase, as we want to make sure that we are registered properly. Thanks Answers Please refer to addendum no. 1. May 10, 2017 1:35:02 PM EDT http://www.publicpurchase.com/gems/bid/questions/questionsBid?bidld=78233 1/2 5/10/2017 Public Purchase:Bid Questions Question #6 Is certificate of insurance required with the May 2, 2017 4:30:51 PM EDT bid, or upon award? Answers Please refer to addendum no. 1. May 10, 2017 1:35:07 PM EDT Question #7 Can you provide us with the following May 2, 2017 4:35:13 PM EDT information on the bags: what are you currently paying per bag, what is the case count (liners per case) for each size and what is the case weight currently being purchased for each liner. Answers Please refer to addendum no. 1. May 10, 2017 1:35:11 PM EDT Question #8 What ml. thickness are you requesting for May 2, 2017 4:36:58 PM EDT Item No. 1.1. Is this the same thickness that you are currently using? If not, what thickness are you currently purchasing? Answers Please refer to addendum no. 1. May 10, 2017 1:35:16 PM EDT Question #9 What dimensions (exact size) are you May 2, 2017 4:39:07 PM EDT currently using for the 60 gal. bag? Answers Please refer to addendum no. 1. May 10, 2017 1:35:19 PM EDT Question #10 Can you give us and estimate or amount May 2, 2017 9:55:58 PM EDT ordered in the past of each Liners? Answers Please refer to addendum no. 1. May 10, 2017 1:35:23 PM EDT Ask a Question View Bid Cus':i)mer Support: vcndorsupport©pubhCpurchase.COn7 ! Copyright 1999-2017 L I The Public.Group, LLC.All rights reseriecl. 11:, :ani i l Ili' )111 ) http://www.publicpurchase.com/gems/bid/questions/questionsBid?bidld=78233 2/2 �vttet& Parl€49(4 Parka( eafpftenaticutt Nationwide Service 114 Bracken Road Montgomery, New York 12549-2600 (845)782-6800 Fax(845)781-2450 E-mail: interboroafrontiernet.net Contract References Groton Public Schools Columbus Consolidated Govt. State of Texas Contact Person—Terry Potter 1011 Cusseta Road PO Box 10347 55 Seely School Drive Columbus, GA 31901 General Services Commission Center Groton, Connecticut 06340 Contact Person-Shalonnica Arrington Procurement, First Floor CSB Tel: (860) 572-2193 Phone: (706)225-4940 Austin,Texas 78711 Fax: (860) 572-2107 Fax: (706)653-4170 Contact Person-Dee Dorcy Tel. (512)475-2459 City of Bridgeport Houston ISD Contact Person—Angelo 6801 Bennington Bryan Independent School District 113 Federal Street Houston, TX 77028 101 North Texas Avenue Bridgeport, Connecticut 06606 Contact Person—Beth Rutherford Bryan, Texas 77803 Tel: (203)275-1215 Phone: (713) 556-6544 Contact Person—J. Shannon Fax: (203) 576-7170 Fax: (713) 556-6560 Tel (979)209-7077 Rockingham County Nursing Home City of Montgomery Orange County Contact Person—Louise Turner P.O. Box 1111 Contact Person—Michael Cosh 99 North Road 934 North Ripley Street 255 Main Street Brentwood, NH 03833 Montgomery, Alabama 36104 Goshen, New York 10924 Tel: (603)679-2244 Contact Person—Karl Pyron Tel: (845)291-2792 Fax: (603)679-1727 Tel (334)241-2609 Fax: (845)291-2795 State of New Hampshire City of Charleston Los Angeles County Metro Department of Transportation Contact Person— Rick Adams 470 Bauchet Street Contact Person—Alan Hanscom 501 Virginia Street Los Angeles, CA 90012 8 Eastman Hill Road Charleston,WV 25301 Contact Person—J. Close Enfield, NH 03748 Tel: (304) 348-8014 Phone: (213)922-5070 Tel: (603)448-2654 Fax: (213)241-8444 Fax: (603)271-2700 Montgomery County Parkhouse Providence Pointe Warren Consolidated Schools Dallas County 1600 Blackrock Road 31950 Mound Road Facilities Department Royersford, PA 19468 Warren, MI 48092 113 West Commerce Street Contact Person—Carl Walters Contact Person- Bob Godard Dallas,TX 75207 Phone: (610)792-2009 Phone: (586)995-2766 Contact Person—Claudia Luna Fax: (610)792-2012 Fax: (586)698-4467 Tel: (214)761-1330 Fax: (214)653-2971 Pinellas County School Board City of Miami Walter Pownall Service Center Contact Person—Teresa J. Sanchez Passaic County 11111 S. Belcher Road 1290 NW 20th Street 495 River Street Largo, Florida 33773 Miami, Florida 33142 Paterson, NJ 07524 Contact Person: Dean J. McCracken Tel: (305)960-2800 Contact Person-Miguel Diaz Phone: (727) 547-7236 Fax: (305) 960-2805 Phone: (973)247-3316 Fax: (727) 547-7268 Fax: (973)247-8295 City of Santa Anna Marion County School Board Ulster County-Golden Hill Healthcare Police Department Central Warehouse Center 60 Civic Center Plaza 506 southeast 3`d Avenue 99 Golden Hill.Drive Santa Ana, CA 92703 Ocala, Florida 34471 Kingston, NY 12401 Contact Person—Brian Pahed Contact Person:Amelia Bray Contact Person-Judy Hasbrook Phone: (714)245-8082 P: 352-671-7506 Phone: (845) 340-3438 Fax: (714)647-6944 F: 352-671-7505 Fax: (845) 340-3828 eWomen's Business Enterprise A 800 394 BAGS(2247) `,ALU. l{` National Council 2 Glenshaw Street PLASTICS { Orangeburg, New York 10962 JJJ WBENEr` Email infoPeburg, lufplastrk 10 m OUR RcPUTATION IN EVERY BAG "Test Results" Bid # 2017-122-ZD Trash Can Liners "Plastic Bags" I Specifications Item #1.1 Item #1.2 Size 40"X48" 38"X58" 1 Gauge 1 Mil Nominal 1.5 Mil Nominal Color Clear Black Gallon Capacity 40-45 Gallon 55-60 Gallon 7osteaaza Padet9b49 eaValateeut Nationwide Service 114 Bracken Road Montgomery, New York 12549-2600 (845)782-6800 Fax(845)781-2450 E-mail: interboro@frontiernet.net "Manufacture Specification Sheet" Bid # 2017-122-ZD Trash Can Liners "Can Liners" Item Product Color Width Length Bags Per Number Name (Inch) (Inch) Case 1.1 INT-4048-XH Clear 40 48 100 1.2 INT-388-Exh Black 38 58 100 Please Note! It is understood that we are quoting the prices per the unit you have specified in the bid. However, as the columns above "Bags per case/Packed" indicate, we would prefer to stock some items in a different pack. Please refer to the attached letter for adjusted prices /4teirgana Par/ear/4v emrAm t`iaa Nationwide Service 114 Bracken Road Montgomery,New York 12549-2600 (845)782-6800 Fax(845)781-2450 E-mail: interboroca"'Ffrontiernet.net May 11. 2017 City of Miami Beach Procurement Department 1755 Meridian Avenue Miami Beach, FL 33139 Attn: Zuleika Davidson Bid # 12017-122-ZD Trash Can Liners To Whom It May Concern: We are enclosing samples. which are being submitted in compliance with the above-referenced hid. Please Note! The samples are in accordance with the specified strength. However, since these are the only bags that we have in stock at the present time, the size of some bags may differ with a couple of inches. Also, the color or seal of some bags may be different. Upon approval of'our bid we shall manufacture the bags exactly according to the specified size & color. The purpose of the samples is to test the strength of the bag and the material we are offering. These samples do serve this purpose. All shipments made consistent with the enclosed samples will be deemed in full conformance with all bid specifications. We are relying upon approval of these samples for compliance of its bid and will ship only such bags, in the specified size/color. Acceptance of our bid shall conclusively constitute approval of the enclosed samples as conformity with bid speci fications. Futhermore, it is hereby understood that we are quoting.the prices per the unit you have specified in the bid. However, as the table below indicates, we stock some items in a different pack. Therefore, unless you insist on your specified count, we may prefer to ship according to our standard pack. This will only expedite the delivery of your orders. Be advised, however, that we will not deviate without your definite approval. Item Number Standard Pack Adjusted Price 1.1 1001 $12.45 Sinceire y, / 3 Chavi ndau Secretary laterigna Pact 499 9 cold uouatiaus Nationwide Service 114 Bracken Road Montgomery, New York 12549-2600 (845)782-6800 Fax(845)781-2450 E-mail:interboroZfrontiernet.net May 11, 2017 City of Miami Beach Procurement Department 1755 Meridian Avenue Miami Beach, FL 33139 Attn: Zuleika Davidson Bid # 12017-122-ZD Trash Can Liners To Whom This May Concern: We are formally requesting that you forward to us the bid tabulation for the bid referenced above, which opened on May 16, 2017. We would like to obtain from your department the following information: The contract award price for each individual item in the bid. The name of the contractor that was awarded each item. I hereby request these records to be made available under the provision of the Freedom of Information Act. A prompt reply would be appreciated. • Very truZ y urs, { Cha andau Secretary ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F M I AM I BEACH Insurance Requirements 2017- 122-ZD Trash Can Liners PROCUREMENT DEPARTMENT 1755 Meridian Ave., 3rd Floor Miami Beach, Florida 33139 ITB 2017-122-ZD 34 M I AM I BEAC H INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 _Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. • ITB 2017-122-ZD 35