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Certification of Contract with Pro Water Treatment, Inc.
m MIAMIBEACH ca 3 CITY OF MIAMI BEACH y/,77,7 CERTIFICATION OF CONTRACT TITLE: For HVAC Water Treatment Service, Routine Testing, and Inspections CONTRACT NO.: ITB 2018-017-JC EFFECTIVE DATE(S): This Contract shall remain in effect for a period of three (3) years from date of execution by the Mayor and City Clerk of the City of Miami Beach, and may be extended at the sole discretion of the City, through its City Manager, for two (2)additional, one (1) year periods. SUPERSEDES: N/A CONTRACTOR(S): Pro Water Treatment, Inc. ESTIMATED ANNUAL CONTRACT AMOUNT: $38,560 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida ("City"), on April 11, 2018, approving the award of this Contract and upon execution thereof by the City and Pro Water Treatment, Inc. a Florida Corporation (the "Contractor"). B. EFFECT - This Contract is entered into to provide for Fencing Services pursuant to City Invitation to Bid No. ITB 2018-017-JC and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents'). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Department of Procurement Management policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 2018-017-JC. 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, Adrian Morales, Director/Property Management at 305-673-7000 ext. 2932. 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 — Contractor acknowledges that the provisions of the Public Entity Crimes Act, Section 287.133, Florida Statutes, shall apply to this Contract, which statute provides, in pertinent part, that 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. 2 Page 3 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: Adrian Morales City of Miami Beach Department of Property Management Department 1833 Bay Road Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Pro Water Treatment, Inc. 1620 Northeast 12th Terrace Fort Lauderdale, Florida 33305 Attn: Jorge L. Rodriguez Phone: 954-650-1953 Fax: N/A E-mail: lorge(rD.prowatertl.net or prowateri3aol.com L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7)days after the finding by the court becomes final. 3 Page 4 Certification of Contract N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (II) the ITS; and /or (Hi) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. R. Contractor shall have no entitlement to perform any services hereunder, or to be compensated for any services, unless set forth in a written Purchase Order. 4 Page 5 Certification of Contract IN WITNESS WHEREOF the City and Contractor hav??,, caused this Certification of Contract to be signed and attested on this 17 day of Ii AT , 201*, by their respective duly authorized representatives. PRO WATER TREATMENT, INC. CITY OF MIAMI BEACH By dai-..',. By fi` - •re lent/ fR ature Mayor Jr�C L. 16c1✓; Print Name ATT y T: ATTE )/ Secr ,��I111 Signature Rafael E. Granado, City Clerk dp S �e� h ir w _ Print Name B Edit" L �3u�/B' oi ; th Date y .� „ ;:G t Ca �' ?C F1 APPROVED AS f0 FORM & LANGUAGE &FOR EXECU I ION kL==' n 4 - aS - ' f City A eY i oP Date 5 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM MIAMI BEACH Procurement Department, 1755 Meridian Avenue,3"Floor,Miami Beach, Florida 33139,www.miamibeachfl gov, 305-673-7490 COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April 11, 2018 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2018-017JC FOR HVAC WATER TREATMENT SERVICE, ROUTINE TESTING. AND INSPECTIONS. 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 2018-017-JC, HVAC Water Treatment Service, Routine Testing, and Inspections. ANALYSIS The City of Miami Beach Property Management Division utilizes a robust HVAC water treatment program for cooling towers, closed loop systems, open loop hot and chilled water HVAC systems. In an effort to maintain the safest and most comprehensive bacteriological control of the City's HVAC systems, the City requires regular inspections, annual certifications, and monthly testing services. Nalco Water has been providing the City with HVAC water treatment services,as awarded from a previously solicited ITQ. In anticipation of the ITO expiration, the Administration determined an ITB would best serve the City's ongoing HVAC water treatment needs. ITB PROCESS ITB No. 2018-017-JC was issued on January 18, 2018, with a bid opening date of March 2, 2018. Two (2) addenda were issued. The Procurement Department issued bid notices to 132 companies utilizing www.publicpurchase.com website. Forty-seven(47) prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of three(3)responses from: Nalco Water, Pro Water Treatment, Inc.,and US Water Treatment Services. See tabulation sheet(Attachment A). The Procurement Department has verified that the lowest responsive bid submitted by Pro Water Treatment, Inc. has met the requirements of the ITB, including: • Previous Experience (Firm): Bidder(defined as the Firm) shall have a minimum of five (5) consecutive years of experience providing HVAC chemical water treatment services. Pro Water Treatment, Inc.submitted over ten(10)projects,which were similar in scope and complexity as detailed within the bid submittals documents. Six (6) of those projects submitted by Pro Water Treatment, Inc. have been maintained with over ten (10) consecutive years of service. Project references were verified and received positive feedback. According to the information provided by Pro Water Treatment, Inc, the firm was established sixteen(16)years ago,and has since exclusively served the South Florida market. Pro Water provides water treatment programs, on-site testing, service monitoring programs, field reporting, and chemical products to its broad customer base Some of its client include Fisher Island, Broward Center for the Performing Arts, as well as various condominiums,offices, and other commercial clients. Its main capabilities include the following:electronic water chemistry reports,on-demand service calls,green chemicals technology training, performance monitoring,water systems maintenance, and inspections. Commission Memorandum ITB 2018-017-JC HVAC Water Treatment Services April 11,2018 Page 12 CONCLUSION Therefore, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract, pursuant to ITB 2018-017-JC, to Pro Water Treatment, Inc., the lowest responsive, responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute a contract. KEY INTENDED OUTCOMES SUPPORTED Build and Maintain Priority Infrastructure with Full Accountability. FINANCIAL INFORMATION 520-1720-000325 $29,000 F]PURC\Solicitations\2018\2018-017-JC-ITB-WATER_TREATMENT_SERVICES_ROUTINE_TESTING_AND_INSPECTIONS\04 - Commission Documents\02-Award ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue,3'" Floor, Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490. ADDENDUM NO. 2 INVITATION TO BID (ITB) 2018-017-JC HVAC WATER TREATMENT SERVICE, ROUTINE TESTING AND INSPECTIONS February 23, 2018 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). REVISIONS. 1. Appendix C, Minimum Eligibility Requirements and Specifications has been revised, as follows: Cl. Minimum Eligibility Requirements Bidder (defined as the Firm) shall have a minimum of five (5) consecutive years of experience providing HVAC chemical water treatment services. Required Submittals: Bidder must submit a list of contracts or projects demonstrating five (5) seasesutive years of experience providing HVAC chemical water treatment services. The following submittal information is required: 1) Client's Name and Year(s) Contracted (e.g., 2010-2015); 2) Contact Individual's Name & Title; 3) Address; 4) Telephone; 5) Contact's Email; 6) Description of Services Provided 2. C3. Specifications levels in permissible levels established by tho contractor. 3.12 Special Studies Service visite to chock the condition of all protroatmont oquipmont will be performed ono per y or on all equipment. These service visits shall include oxygen studios on the do aerator, elution studios and rosin analysis on the softeners and analysis of operating efficiency on tho iron filters and condensate polisher. Tho contractor shall also verify II. NEW ATTACHMENT. The following attachments have been added to the ITB. Exhibit A: Water Testing Analysis Service Report III. ANSWERS TO QUESTIONS RECEIVED. 01: In the Program Equipment locations chart, there is a volume listed for what I assume is the cooling tower. If the volumes shown list the towers, what are the volumes of the closed loops? Al: Closed loops volumes are not currently available. 02: Does the existing chemical feed equipment at all of the cooling tower locations currently meet the needs of this ITB? A2: Yes. Q3: Who currently owns the existing chemical feed equipment? City of Miami Beach or the current vendor? A3: The current vendor. Furthermore, the vendor is responsible to provide any and all chemical feed equipment necessary to perform the ITB requirements. Q4: There is mention of condensate corrosion monitoring. Is this a typo or is there really a firetube or watertube boiler at one of these locations that needs treatment as well? A4: The City currently does not operate boilers. The reference is related to the condensate water line for the chillers. 05: Is the City of Miami Beach aware of any uncontrolled water losses in any of the closed loop systems? A5: No. 06: What are the current known chemical levels within these closed loops based on the most recent water testing analysis results? A6: Please see attached, Exhibit A. Q7: Efficiency monitoring on the de-aerator falls on the mechanical site and not water treatment, is that correct? A7: Yes. 08: Is iron study on condensate systems to determine amine distribution and corrosion rates, on a monthly basis, a part of the maintenance program? A8: It is not required. Q9: Page 29 — Utilization of a web-based logging program — I do not have one, can I still participate on the bid? A9: Yes. Q10: Monthly test of chilled loop to verify chlorine dioxide generator: Who installed the Chlorine Dioxide generator, and are there any tests records available? A10: This section has been removed from the ITB. Q11: The passivation of water surfaces will apply to new equipment and on separate quotes? All: Yes. 012: 3.8 Page 30 — 48 hours turnaround time on state certified lab — I use an out of state third party lab that happens to be the best on the industry, and 48 hours will not cut it, will I still be able to participate on the bid? Al2: Yes. 013: 3.12 Page 30 — I believe this section apply to boilers and there is not boilers listed on the bid? A13: This section has been removed from the ITB. Q14: Does the City require monthly or quarterly tests on closed loops? A14: Quarterly tests. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(@miamibeachfl oov. Procurement Contact: Telephone: Email: Jason Crouch 305-673-7000,ext. 6694 JasonCrouch@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this Addendum as part of your ITB submission. Sin -rely, 4 Ale De is • Pro.urem-• Director • I I • Addendum No.2 3 ITB 2018-017-JC Exhibit A Water Testing Analysis Service Report 4 Adele dum No 2 ITB 2018-017-JC NALCO Water City of Miami Beach 3DTRASARm An Ecolab Company DETECT DETERMINE DELIVER 1Company Attention Data:2r712a1s _ —..1 tCITY OF MIAMI BEACH remand cede Cadet Aden&Onlel Toledo 1 11 Location Nalco cPPy fo '.. MIAMI BEA CH,FlPfld a Daniel Rano Mdrantla Npv ip Kirk Colon,dvler Disa Address, 1245 MT AVE IMIAMIBEACH,Markle 391386�. y >� i1. Chilled Water LooLa 2 Police Department I 3. City Hall Coollna Tower 1 4 Scop Rakow I 5. Bass Museuttm Chilod Watae L6 k ',__ x ! ; Ortsite Yasbng Nailed- _ x4 s . om' N t^ .� 'a`c pmmrvity r PM SOUIh Share 3099 Tee 200 Police Station 621 9.9 200 Building 771 0102 10.4 600- GIN Hall Parking Garage 2889 i 10.5 6%n chy Hail 2013 1 103 320..-. Scott Rakow 3649 107 1000+ City Water 410 05 — Desired Ranges .- —^— 10004000 '4� _-0.5-11.5 a 200+ i 'rCp{rlmenYs sal 1n'_'._ - w4y_ t t, n- . • These loops only get checked quarterly-These readings are from 11/29/17(Except South Shore I try to check Monthly) • South Share Auditorium still doesn't have a pot-feeder Do you want me to order one for you? • There is plenty of Nitrite on site. • The valves to the pot-feeder at building 777 looks to be going bad.Please confirm these valves are holding before I need to dose the system. • The pot feeder in city hall does not seem to be functioning,please have Ivo confirm both of these are functioning before I try to feed chemical Into them.Otherwise I can order new ones you will just have to have your mechanical install them. Addendum No.2 5 ITS 2018.017-J0 Cbdltntd Tower Systems 5ysmro {...a, i-; r"anauvttr Iemn ww — oil .1aa�fnaz ., Ocean Auditorium i -1534 91 84 - 300 Poke Station 576 18 8.3 130 City Hell 502 3 92 120 Scott Rakow 868 30 8.6 200 Make Up '410 Desired Ranges 1000-1700 25-40 or 90-170 8.0-95 200-400 Addendum No.2 6 ITB 2018-017-JC Sammary of Sory ce Fiddin95 • Conductivity was not in range anywhere except Ocean Auditorium.Police Station Solenoid valve Is bad or clogged and has been since last I month Saul knows this is an Issue and knows the solenoid needs to be cleaned. I have cracked the bypass valve In order to try to flood the ( system with fresh water.The conductivity probe is bad and showing 66k this is incorrect as I have confirmed with my own equipment.I have ordered a replacement conductivity sensor.Bass museum still has no power to the controller and the bleed line was off again.THIS IS BAD the system is scaling up.Ramon is fully aware of the Issue please have Adrian address IL The system Is running without scale control.Please keep me in the loop as to when this gets resolved.Scott Rakow conductivity is low again this month-it seems the tower may be overflowing still. Please have this checked out as It is dumping chemical and water unnecessarily down the drain. • Inhibitor is within range above 25 ppm.This Is preventing the system from scale and corrosion.It Is very low at the Bass because there is no i control/power.It is also low at the police station because the blowdown line is always open. ' • Biocide is being consumed and protecting the system from microbic.All new biocide pumps have now been installed and the new chemical is on the way. • Please address the above Issues otherwise hardness and other testing will not be In acceptable ranges. • The new equipment In city hall is doing great)Please do not valve off the water to the controller or the blowdown. • There was a new pvc pipe installed at ocean auditorium running close to the drain.However it should never be left open as this is a sample port for the controller testing. gppcc i}epadmon4 - 0- - .� . di: . "0- :,_± UataDd4hboard Last3pba$s - ori. - ff Lamm 1 t t Ca aYddA L w 1 Hyn armyel PeramotE Ndme :. . ., DacRlma lLyg M}n 01 Mar �er.nyv` p�2" '; a '�� 1 '+ �Yarw 24,_0,„ 5.V „,,� yr1t,-1-4; u�it. um[ t rt ,,§; 1 TawerCond 011)7/20 860500 &1 GIs/cm)_ tii•'- 6651/81 ' FH- 8120271 0712930. 10665945 1619961 800 1200 1900 2000 2//20186,0500 ORP 01(my) e 198.59 21737 195.63 372 72 11.43 0 100 400 0 FM TaggedPoy God 217/2018695:00 (o m) 0 828 Rl 827 562 1619 099 0 20 36 0 CW LI Tro6ar 2/7/2018695'.00 (rgmJ ® ) 477 4.21 2.16 16.23 0.64 124 22.32 69.68 796 1 2R/20188.0500Ifili 1 1 TurbalD03(611U) 9 082 0.51 023 ' 9.383 043_ 0 0 0 q Anet+d GGrapk-Last3obays ,,. _ i0Y1'endGraph Last so Oars n- a ....,. E, 1 Addendum No.2 7 ITB 2c18-017JC I City Hall Cooling Tower CRY HALLO to Dashboard Last 30 Dys 0 atametor Name 21 tai7e k-fit'SstvaluS. Date/Time rtv0 Mm. ;FM01, 6641894trifie,l tm 1'640ll J1111146,1tAlt High Ontleal Limit wy; Cell Fouling 03(°/0) 0 9 - 271201860500 PM 392 0 9 206 0 0 26 0 CW Li Treser learn) ®,.. 30.33 21720186:0500 PM 263 111 3271 4.2 124 22.32 3969 49.6 09italln01 -® 1 9)]1201860500 PM 1 0 1 004 0 0 0 0 ORP02 ImV) 0 19691 O7/20186 0500 PM 25095 129.19 37602 44.6 0 I00 1400 0 1 Taxer Gond 01(a31cm) 8 106428 287201860506 PM 107175 492.3. 117944 96.93 300 600 2600 2900 Teno02CF) 41 8029 20/20186:0500 PM 77.48 70.4 5126 168- 0 35 110 _ 0 'qf Cu64111,9nv"t Last IG Clays .. n ,Trs __ TRp5AR3tast3Q.Days e_..0-_9-'800-1.6T .. 4i!jI��ljr �I . 1 '1 I r3 a 1 'Fifa Li i �i �L :. t 1 - 1r 'y i t mCli a. 41 it_ .. 3 -- 1--- 1 4 lit 5 _t_ Addendum No.2 8 ITS 2018-017-JO ,Scott D�a"tga Dashboard Laat3O nays �` ar: n4atadleG. I2 StaluelLaea&alue 1 n,tZr riRT 9. i1 leg Mo. Ma St-DtC17.42w1C9159e4.11741t w LiW Linlinelibll 4ar1tr H101JC OcolLI CW LI Trasar(opm) e 30.95 277720185110'00 PM 3101 112 . 34% 139 124 2232 39.68 496 ORP 01 (m18 0 215.99 211/20188:1000 PM 225.03 21053 24162 6.54 0 100 400 0 Tagged Poly Oase(opre) e 02.9 2/7/2618 6510.00 PM 3275 1506 .. 3796 145'- 0 218 38.4 0 Tower Cont 011eStcm) 8 79706 217/20186:1000 PM 78854 18463 908.18 51,65 100 800 1700 2000 Turbidity 03 a 065 217201861000 PM 014 002 56 026. 0 0 75 100 Trendcraplt Last 3664y8. ! ( Trend Graph Last a0.nays , F"d Ad 9 1 2 ,7,.. I I °- s d 1 1 1 1 € 1 t- ! -I i I I g I i �. . ., 1 Addendum No.2 9 I113 2018-017-JO Baa&Mdseum - Date DashbO rd taat 30;oxyyy3'rra - � +a 81,010 "i5tpies4a[esi Vatgry Dti808/0Ti 6112 .i'-0 larAnCitip81.3mlt Low Lana l Hiait Litiiittili101 C813114.06 SLOWDOWN 9 129 6/9/2017114000 AM 0 0 0 0 0 0 0 0 i CW DTmsar(Pain 9 29.6 6/9/2017 11 40 CO AM 0 0 0 0 124 22.32 3968 496 i 1 ORP01 DIV) 0 16324 619201711.10:00 AM 0 D 0 0 C 100 400 0 � Ta90cd Poly Does(ppm) 9 2745 619120171140:CO AM D 0 0 0 0 216 38 I 4 0 ( ( Tower Cod 0118Slcn) 0 101937 - 619/209114000 AM 0 0 0 0 100 200 2600 2900 f TRASAR 9 128 65120171140 00 AM 0 0 0 0 0 0 0 0 Turbidity 03(MTV) 8 064 6/920171140.00 AM 0 0 -0 0 0 0 75 0 v-�i T1ekdGrap' yabt oiUnys;It. TreliiabCktgtf,Sunapa _ c..mca.ry 66. i r A � 9 gy g ,. ,. 7 I I t 1 s 1 # ! ! 1 ! t ! ! ! J f _. ,W, i South Shore Community Center:Pot Feeder ( Ocean Auditorium:3DT260,H-550,ST-70,and 3x 6035561 1 Police Station;C-4710,H-550,ST-70 City Hall'.3DTS68,ST-70 1 Scott Rakow:ST-70,H-550 li 1gafA6da Nevllr 6i R 4- "5 -'a .r ... 1 :.37. Maranda Nevi's' 954-591-6734 Maranda.Nevils@Ecolab corn Daniel Kane: 954-495-7693 Conlel.Kane@Ecolab,com Nalco makes no warranties mth respect to water system biohazards from waterborne pathogens including but not limited to Legionella bacteria. Addendum No.2 10 ITB 2018-017-J9 MIAMI BEACH City of Miami Beach, 1755 Meridian Avenue, 3"Hoar, Miami Beach, Florida 33139,www.miomibeacbFyouv PROCUREMENT DEPARTMENT Tel: 305-673.7490 Fax. 706394-6002 ADDENDUM NO. 1 INVITATION TO BID (ITB) 2018-017-JC HVAC WATER TREATMENT SERVICE, ROUTINE TESTING AND INSPECTIONS February 16, 2018 This Addendum to the above-referenced ITB is being issued to provide clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. REVISIONS ITB DUE DATE AND TIME. The deadline for the receipt of responses is extended until 3:00 P.M. on Friday, March 2, 2018 at the following location. City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelG ranado(a)m iam i beachfl.gov. Procurement Contact: Telephone: Email: Jason Crouch 305-673-7000, ext. 6694 JasonCrouch@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers 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. S' rely,I, , /Q,(/Ge lex Denis Procurement Director 1IADDENDUM NO.1 ITB2018-017-JC HVAC WATER TREATMENT SERVICE.ROUTINE TESTING AND INSPECTIONS INVITATION TO 3D ( ITB) HVAC Water Treatment Service, Routine Testing, and Inspections 2018-017-1C BID ISSUANCE DATE: 1/18/2018 BIDS DUE: 2/22/18 AT 3:00 PM ISSUED BY: Jason Crouch, Procurement Contracting Officer PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3'd Floor, Miami Beach, FL 33139 305.673.7000 x 6694 I JasonCrouch@miamibeachfl.gov I www.miamibeachfl.gov MIA;ti1 BEACH 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 BID CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS APPENDIX B "NO BID" FORM APPENDIX C MINIMUM REQUIREMENTS &SPECIFICATIONS APPENDIX D SPECIAL CONDITIONS APPENDIX E COST PROPOSAL FORM APPENDIX F INSURANCE REQUIREMENTS ITB 2015-017-1C 2 MIAMI BEAC 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 bid submitted. 2. PURPOSE. The City is seeking bids from qualified water treatment firms in order to establish a contract for the City's monthly water treatment program, related inspections, annual certifications, installation, and as-needed services for cooling towers, closed loop systems, open loop hot and chilled water HVAC systems. The City currently has approximately nine (9) locations requiring services under this ITB. In order to be considered for contract award, interested firms must submit a bid response for all groups, as follows: 1) Group A: Water Treatment, Tests and Certification, 2) Group B:Additional Periodic Services, and 3) Group C: Labor for Installation and Emergency Services. The requirements and specifications of the work are further detailed herein and, specifically, in Appendix C. The City's Living Wage requirements, pursuant to Section 2-408 of the City Code, for employees of the successful contractor are a requirement of this ITB and the resulting agreement. 3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued 1/18/18 Pre-Bid Meeting 2/6/18 at 8:30 AM Deadline for Receipt of Questions 2/12/2018 at 5:00 PM Responses Due 2/22/2018 at 3:00 PM Tentative Commission Approval Authorizing Award TBD 4. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact Telephone: Email: Jason Crouch 305.673.7000 x 6694 •asoncrouch . miamibeachfl..ov Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado • miamibeachf.soy: or via facsimile: 786-394-4188. TB 2018-017-IC 3 MI AMI BEACH The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date bids 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. 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936(Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 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@miamibeachfi.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.m iam ibeachfi.gov/procu rement/scroll.aspx?id=79113 . • CONE OF SILENCE. CITY CODE SECTION 2-486 • PROTEST PROCEDURES. CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-4853 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS . . CITY CODE SECTION 2-487 ITB 2018-0- 7-JC 4 I`•..AM1 BEACH • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 • 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. 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. JOINT VENTURES. Joint Ventures are not allowed. Proposals shall be submitted only by the prime contractor who will serve as the CMR. The City will only contract with the prime contractor who will serve as the CMR. Proposals may, however, identify other sub-contractors or sub-consultants to the prime Proposer who may serve as team members. 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 ITB 2018-017-jC 5 M A^y, BEACH 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 two or more vendors (primary, secondary, tertiary, or higher), as available, by line item, by group or in its entirety, beginning with lowest, responsive, responsible bidder (primary), followed by the second lowest, responsive, responsible bidder (secondary), and continuing with other responsive, responsible bidders in order of next best cost. 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 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. ITB 2018-017-jC 6 �l .AV. BEACH 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 Procurement Department 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 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. ITB 2018-017-IC 7 vi[.AJ ,[BEACH 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 Appendix A, No. 14 Acknowledgement of Addendum. 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 Avenue, 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 director indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. 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 ITB 2018-0'7-IC 8 NAv1A1'.A BEACH 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, 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 bidders 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 bidders 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 bidders 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 hid evaluation period in order to comply with the demonstration of competency required under this subsection. 36. NOT USED. 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 contractor 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. 1T3 201 8-017JC 9 'P._IAiv"v1 BEACH 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. 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. ITB 2018-017-jC IO rtr,!BEACH 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. 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 ITB 2018-0'7-C 1 I.4;',Al BEACH 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 bidders risk and may result in the bid being non-responsive. 55. MODIFICATIONIWITHDRAWALS 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 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 ITB 2018-0171C 12 �1Ai:-n,I BEACH 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 Avenue, 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 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. 66.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. ITB 2018-017-IC 13 MIAMI BEACH 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 Managers 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 propedy 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. 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 ITB 2018-017-)C 14 IA AI BEACH 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. BALANCE OF PAGE INTENTIONALLY LEFT BLANK ITB 2018-017-JC 15 MIAMI BEACH SECTION 0300 BID SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Submittal (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, Bidders Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. BID SUBMITTAL. The Bid Submittal 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. FAILURE TO SUBMIT THE MOST RECENT COST PROPOSAL FORM (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) MAY RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 2—Bid Certification, Questionnaire and Affidavits (Appendix A). • TAB 3—List of testing equipment, reagents and related chemicals,to include all MSDS sheets. • TAB 4— Licenses and Professional Certifications(Submit all required Federal, State,and Local) • TAB 5— Provide one (1) copy of the Program Operations Manual, to include the statistical process control (SPC) program, detailing the bidder's operational objectives for the City's Water Treatment Program. • TAB 6—List of Projects, as required in Section Cl., Minimum Eligibility Requirements. 3. LATE BIDS. Bids 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 Bids will be considered late and not be accepted or will be returned to Bidder unopened.The City does not accept responsibility for any delays, natural or otherwise. ITB 2018-0171C 16 APPENDIX "A" f , yv s s '.,- , 44 5 I 1 2 Bid Certification , Questionnaire & Requirements Affidavit 2018-017-JC HVAC Water Treatment Service, Routine Testing , and Inspections PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 TB 2018-0171C 18 Solicitation No. Solicitafim Title: 2018-017-JC HVAC Water Treatment Service, Routine Testing, and Inspections Procurement Contact. Tel Emslt. Jason Crouch 305.673.7000 x 6694 jasoncrouch@maimibeachf.gov BID CERTIFICATION, QUESTIONNAIRE& REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Bid 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 Bid 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. OTHER NAMES)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 ND: 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 20 18-017-1C 19 1. Veteran Owned Business.Is Proposer 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 SCR report from D&B at: https:llsupplierportal.dnb.comlwebapplwcslstoreslservletJSupplierPortal?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 8 Title.3)Address,4)Telephone,5)Contacts 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- erformance by an ublic sector agency? YES NO SUBMRTAL 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 noncompliance. 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 Department with its proposal/response or within five (5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others,the conflict of interest,lobbying and ethics provision of the City of Miami Beach and Miami Dade County. ITB 2018 017-jC 20 SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfi.gov/procurement/. 8. Living Wage. Pursuant to Section 2-408 of the City of Miami Beach Code, as same may be amended from time to time, covered employees shall be paid the required living wage rates listed below: 1. Effective January 1,2018,covered employees must be paid a living wage rate of no less than$11.62 per hour with health care benefits of at least$2.26 per hour,or a living wage rate of no less than$13.88 per hour without health care benefits. 2. Effective January 1,2019,covered employees must be paid a living wage rate of no less than$11.70 per hour with health care benefits of at least$2.74 per hour,or a living wage rate of no less than 514.44 per hour without health care benefits. 3. Effective January 1,2020,covered employees must be paid a living wage rate of no less than$11.78 per hour with health care benefits of at least$3.22 per hour,or a living wage rate of no less than$15.00 per hour without health care benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers(CPI-U)Miami/Ft.Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same(in a particular year). Proposers'failure to comply with this provision shall be deemed a material breach under this proposal,under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachtl.gov/procurement/. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,Proposer agrees to the living wage requirement. 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners'or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the"other'section any additional benefits not already specified. Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave _ Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal IIB 2018-017-)C 2- Benefits requirement is available at www.miamibeachfl.oovlorocurementlscroll.aspx?id=79113. 10. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes, as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a proposal,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided ins. 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 orfamifal 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 he 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 the solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to confirm Initial to Confirm Receipt Receipt Receipt 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 ITB 2018-017JC 22 If additional confirmation of addendum is required,submit under separate cover. DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the"City')for the recipients 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 applicants 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 pad 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 Govemment-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 2018-017-jC 23 BIDDER CERTIFICATION I hereby certify that: I, as an authorized agent of the Bidder, am submitting the following information as my firm's proposal; Bidder 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; Bidder 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; Bidder has not divulged, discussed, or compared the proposal with other Bidders and has not colluded with any other Bidder or party to any other proposal; Bidder 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 Bid Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Bidders Authored Representative. Title of Bidder's Authorized Representative: Signature of Bidders 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 ITB 2019-0171C 24 APPENDIX B A141r, f " No Bid " Form 2018-017-JC HVAC Water Treatment Service, Routine Testing, and Inspections PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3'd Floor Miami Beach, Florida 33139 Note: It is important for those vendors who have received notification of this solicitation but have 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 2018-017JC 25 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 PROCUREMENT DEPARTMENT ATTN: Jason Crouch BID #2018-017-JC 1755 MERIDIAN AVENUE, 3rd FLOOR MIAMI BEACH, FL 33139 I?B 2018-017-IC 26 APPENDIX C Minimum Requirements & Specifications 2018-017-JC HVAC Water Treatment Service, Routine Testing, and Inspections PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3 d Floor Miami Beach, Florida 33139 ITB 2018 017-;C 27 C1. Minimum Eligibility Requirements The Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit, with its bid, the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to include the required submittals with its bid or fail to comply with minimum requirements shall be deemed non-responsive, and shall not have its bid considered. 1. Bidder (defined as the Firm) shall have a minimum of five (5) consecutive years of experience providing HVAC chemical water treatment services. Required Submittals: Bidder must submit a list of projects demonstrating five (5) consecutive years of experience providing HVAC chemical water treatment services. The following submittal information is required: 1) Client's Name and Year(s) Contracted (e.g., 2010-2015); 2) Contact Individual's Name & Title; 3) Address; 4) Telephone; 5)Contact's Email; 6) Description of Services Provided C2. Statement of Work Required The contractor shall be responsible to provide the City with a routine water treatment program, annual certifications, and periodic services for cooling towers, closed loop systems, open loop hot and chilled water HVAC systems. Additionally, the contractor shall be required to provide installation of equipment, parts, and conduct repairs as-needed, in an effort to maintain full compliance with Federal, State, and Local laws, regulations and ordinances pertaining to the scope of services rendered in response to this ITB. The water treatment program contractor will provide the requisite analytical support, technical expertise, guidance and training to City staff on all matters related to the performance of a successful water treatment program. The goals of a successful water treatment program and related services include, but are .not limited to the following: • Provide the optimum in corrosion prevention in all water systems. • Maintain peak operating efficiencies of all equipment. • Incorporate service program that assures maximum results. • Apply the chemicals in a safe and efficient manner. • Use chemicals that are environmentally acceptable to all regulatory agencies and are the most environmentally friendly products available. • Train operating personnel on all aspects on safety, program operation and application of the chemicals. • Provide inspections and annual certifications. • Minimize the time to monitor and implement the program by operating personnel. C3.Specifications The technical requirements of the City's desired HVAC water treatment program shall include, but not be limited to the following: • Efficiency monitoring on the de-aerator, chillers and any other water processing equipment. • Continuous corrosion coupon monitoring on all cooling towers, condensate, feed water and designated closed loops. • Iron study on condensate systems to determine amine distribution and corrosion rates, on a monthly basis, as part of the maintenance program. 'TB 2018-017-JC 28 • A complete training program of all operating and management personnel, if required by the City. • Utilization of a web-based logging program with ability for the City to retrieve the data log as needed. • Monthly test of chilled loop to verify Chlorine Dioxide Generator is controlling bacteria levels in permissible levels established by the contractor. • Verify controllers are continuously operating correctly, and take corrective action to correct any problems. • Monitor pot feeders on a monthly basis, as part of the maintenance program. • Contractor must perform quarterly tests for Legionella bacteria, and provide results to the City immediately upon completion of such testing. • Contractor must provide corrosion coupons with testing and written laboratory reports at least twice per year. • Contractor will deliver chemicals directly to site for immediate use. • Chemicals will be set under chemical pumps, suctions lines will be primed, the pumps calibrated for distribution of chemicals, and the injection process started. • Contractor will supply MSDS sheets for all products used. • The contractors service representative must be able to communicate effectively in written and spoken English. • Contractor will provide parts and repair services for the existing water treatment chemical feed pumps and automatic blow down equipment. • Prevention of biological fouling. • Disposition of scale. • The reduction of corrosive properties of the fluids handled. • The passivation of waterside surfaces. • And any other deleterious or inefficient condition affecting waterside surfaces of treated systems, including reducing existing conditions of this nature. 3.1 Cooling Water Program Overview The program shall provide the optimum in scale prevention, corrosion minimization and bacteriological control and work with our existing chemicals, equipment and controllers. The program will maintain the chillers at peak efficiencies and minimize the liability of Legionnaires Disease. A mini-bulk tank will be used to feed all liquid products where possible. All products shall have the proper State and Federal approvals. 3.2 Chemical Requirements Contractor is to provide all scale inhibitors, corrosion inhibitors, biocides, and closed loop inhibitor chemicals for the City's cooling towers and chilled water systems. Contractor must provide a primary and secondary biocide. The primary biocide shall be normally effective against algae, bacteria, molds, fungus, rot and slime. The primary biocide shall be used, unless and until, the biological growths demonstrate evidence of immunity. If the biological growths develop immunity, the contractor shall provide alternate to biocides maintain control of this growth. 3.3 Testing Equipment The contractor shall furnish all testing equipment and reagents. The contractor shall furnish a comprehensive list of such items in their bid response. ITB 2018-017JC 29 3.4 Labor All labor shall be furnished by the contractor and included in the Cost Proposal Form, Appendix E. The Living Wage rates, pursuant to Section 2-408 of the City Code, are applicable. 3.5 Quality/Purity Controls Contractor shall provide their statistical process control (SPC) program specifically designed for monitoring and controlling heating/cooling systems and cooling towers. A description of the SPC shall be included with the bid submittal documents. 3.6 Test Methods The company shall attach, by way of the Program Operations Manual, a proposed testing program complete with the recommended frequency and description of the test method. The test methods shall incorporate a current model portable colorimeter, or equivalent technology, and included in TAB 3 of the bid response. 3.7 Program Operations Manual An operations manual detailing the program, control ranges, safety information, testing and inspections procedures, and equipment operating information will be supplied. This manual will be used as the basis for a continuous training program for operations personnel, and for monitoring contractors compliance to the program. A copy of the operations manual, and related MSDS sheets, shall be maintained in a 3-ring binder, and shall be kept on-site at each respective City property. Additionally, the firm should outline the proposed services to each facility and to each system treated.Also, enclose how your firm will track conformance to the service plan. 3.8 Analytical Backup and Support The company will have a State-certified laboratory capable of performing the following with turnaround time of less than forty-eight(48) hours: • Corrosion Coupon Analysis • Water Analysis • Resin and Membrane Analysis • Deposit Analysis The company will have a State-certified laboratory capable of performing the following with turnaround time of less than five(5)days, at no additional cost to the City: • Microbio Analysis • Metallurgical Analysis 3.9 Service Hours and Response Time for Emergency 1 Non•Emergency Calls Regular working hours are from 7:00 AM to 5:00 PM, Monday through Friday, with the exclusion of recognized Federal holidays. The contractor is expected to perform the monthly and non- emergency services, and installations, within the City's regular working hours. Non-emergency response time for the contractor to be onsite must be within twenty-four(24) hours from receipt of notification by the City. Contractor must include in their bid submittal a 24-hour, seven (7) days per week, contact phone number, cell phone, and emails for each representative assigned to service the City's account. Emergency response time is defined as work that needs to be completed within the same day. The ITB 2018-017-IC 30 contractor is expected to fix the problem within a total of six (6) hours, two (2) hours to return the call and four(4) hours to fix the problem. If the contractor fails to arrive within four(4) hours of the emergency repair/service request, the City may take corrective action accordingly. Where possible, the contractor should endeavor to complete emergency service response within the City's regular business hours. 3.10 Equipment Inspections The vendor shall inspect all equipment that is opened for inspection. A written inspection report and pictures of the internals of the equipment shall be furnished to City operations personnel. Any noted deficiencies shall be clearly outlined and corrective action recommended in writing to the City Property Management Director, within twenty-four (24) hours of such findings, unless emergency action is warranted, wherein immediate written and verbal notification by the contractor to the Property Management Director shall occur. 3.11 Service Reports Service visits shall be made a minimum of one (1) time per month and all treated systems shall be tested at that time. A written report of the service visit shall be left on-site with the Property Management Director, or designee, and an electronic version shall be sent to the Director of Property Management on the same day of service. Any deficiencies shall be noted and along with any recommended corrective action. The service report shall also include reference materials that provide additional information to Property Management personnel on particular training subjects. An email report shall be generated to the chemical vendor representative and the Director of Property Management if any parameters are outside of acceptable health and safety limits. 3.12 Special Studies Service visits to check the condition of all pretreatment equipment will be performed once per year on all equipment. These service visits shall include oxygen studies on the de-aerator, elution studies and resin analysis on the softeners and analysis of operating efficiency on the iron filters and condensate polisher. The contractor shall also verify operation of Chlorine Dioxide Generator during this service visit. 3.13 Corrosion Analysis Corrosion coupons will be monitored in tower, chilled loop, and condensate systems. Several closed loops will be selected at each facility for monitoring of corrosion. The contractor shall be responsible for notifying the Property Management Director in writing of all corrosion monitoring findings and analysis results performed. 3.14 Tower Cleaning and Disinfection According to The United States Occupational Safety and Health Administration's(OSHA)Technical Manual, all cooling towers should be thoroughly disinfected at a minimum of twice per year. The contractor shall provide tower cleaning and disinfection at not less than two times per year Below are the areas that need cleaning and disinfection: a) Cooling Tower Fan Housing Cleaning and Maintenance b) Cooling Tower Basin Cleaning and Maintenance c) Cooling Tower Distribution Pan Cleaning and Maintenance ITB 2018-0 7-IC 31 3.15 Legionella Testing Cooling towers contain large amounts of water and are potential breeding grounds for Legionella bacteria if they are not properly disinfected and maintained. Water within cooling towers is heated via heat exchange, which is an ideal environment for Legionella heat-loving bacteria to grow. The contractor shall perform quarterly testing for Legionella bacteria. Please see the following link for additional information from the Centers for Disease Control and Prevention: Legionnaires'disease(https:llwww.cdc.govllegionellalaboutlindex.htmll 3.16 Pot Feeders (for any closed loopl Pot Feeders are designed to provide a rugged and dependable means of introducing chemicals into closed loop liquid systems. They are commonly seen used in hot and chilled water systems. The contractor shall monitor on a monthly basis as part of the maintenance program. 3.17 Corrosion Coupon Monitoring Rack: This device provides valuable system information to building/plant operators. It provides the only internal view of system conditions and corrosion status. Therefore, the results are useful to compare with ultrasonic thickness testing or metallurgical analysis. Additionally, this monitoring gives an indication as to whether corrosion rates are increasing or decreasing over time. Contractor shall be responsible for the installation of this device. 3.18 Chemical Controller&Corrosion Coupon Installation Corrosion monitoring is intended to provide an accurate representation of how well metallurgies of a system are protected against corrosion, and to alert facility operators and service companies if a change is necessary before damage takes place to the system. Contractor shall provide chemical controller and corrosion coupon installation, and provide a monthly report related to the corrosion monitoring status. BALANCE OF PAGE INTENTIONALLY LEFT BLANK ITB 2018-017-JC 32 CITY OF MIAMI BEACH WATER TREATMENT PROGRAM EQUIPMENT LOCATIONS SITE BUILDING ADDRESS EQUIPMENT TONS VOLUME CLOSED - CAPACITY (GALLONS) LOOP Bass Museum 2100 Collins 2x125 Ton Evapco Cooling 250 5000 no Ave. Towers &Approximately 10 Heat Pumps Scott Rakow Youth 2700 2x150 Ton York Chillers; Towers 300 1500 yes Center Sheridan on 2nd Floor Ave. City Hall 1700 Existing Pot Feeder Closed 5 yes Convention Loop Center Drive Parking Garage 1557 Existing Pot Feeder Closed 5 yes Washington Loop Ave. 777 Building 1701 Existing Pot Feeder Closed 5 yes Meridian Loop Ave. Police Department 1100 2x320 Ton Geothermal 640 2000 yes Washington Well/Cooling Tower and Close Ave. Loop (3 systems) Oceanfront 1001 Ocean 2x40 Ton Evapco Cooling 80 1000 no Auditorium Drive Towers& Heat Pumps South Shore 833-6th Closed Loop DX unit, no Pot Closed 1000 yes Community Center Street Feeder Loop City Hall 1700 Cooling Tower Convention Center Drive ITB 2015017-IC 33 APPENDIX D F� --( 1 C3z "7 Special Conditions 2018-017-JC HVAC Water Treatment Service, Routine Testing, and Inspections PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018017-;C 34 1.TERM OF CONTRACT. The term of the Agreement("Term")shall commence upon execution of the Agreement by all parties hereto, and shall have an initial term of three(3)years. 2.OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for two (2)additional,one(1)year periods, subject to the availability of funds for succeeding fiscal years. 3. 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. The City is also interested in receiving bids that include flexible pricing terms that provide the City with maximum options and flexibility as regulatory and marketplace changes take place. 3.1 OPTION TO RENEW WITH PRICE ADJUSTMENT:The contract could be extended for an additional three (3), 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 an 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 option 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. 4. METHOD OF PAYMENT: The vendor shall submit an invoice to the City user department(s) that requested the service through a purchase order. The date of the invoices shall not exceed thirty(30) calendar days from the date service was provided. Under no circumstances shall the invoice be submitted to the City in advance of the services being provided. In addition the invoice shall reference (or include a copy of) the corresponding documentation (pick-up ticket number) that was signed by an authorized representative of the City user department at the time the service was provided. Failure to submit invoices in the prescribed manner will delay payment. 5. DELIVERY REQUIREMENTS: The vendor shall have all related chemicals, additives, and re- agents available for delivery, within 2 calendar days after the date the order is scheduled by authorized City personnel. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the vendor(s); except in such cases where the delivery will be delayed due to acts of nature, strikes, or other causes beyond the control of the vendor. In these cases, the vendor shall notify the City of the ITB 2018-017-jC 35 delays, in advance of the original delivery date, so that a revised delivery schedule can be appropriately considered by the City. Upon delivery, all materials shall be unloaded by the vendor. Delivery shall be prior to 3:30 PM, Monday through Friday within the City of Miami Beach. From time to time the City may place emergency orders to be delivered after hours (weekdays after 3:30 pm), weekends (Saturdays and Sundays) and Holidays. Should the vendor(s) to whom the contract(s) is awarded fail to deliver in the number of days stated above, the City reserves the right to cancel the 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. Certain City employees may be authorized in writing to pick-up materials under this contract. Vendors shall require presentation of this written authorization. The vendor shall maintain a copy of the authorization. If the vendor is in doubt about any aspect of material pick-up, vendor shall contact the appropriate user department to confirm the authorization. 6. QUANTITIES. The quantity or amount specified herein are estimated only and not a commitment or guarantee of the amounts required by the City under this Bid. Vendor is not authorized to manufacture, produce, ship or perform unless it has received a release or request for a specific quantity for items/materials specified in the contract ordered pursuant to this bid by an authorized representative of the City. All invoices must be equal to or less than the cost specified in the contract. The City shall not be obligated or liable for any payments in excess of the amounts released or requested pursuant to this bid or for unit prices that exceed those stipulated in the contract. ITB 2018.0'7-IC 36 APPENDIX E 2 2 %. 4 lir% Cost Proposal Form 2018-017-JC HVAC Water Treatment Service, Routine Testing, and Inspections PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3rd Floor Miami Beach, Florida 33139 JIB 2018 017JC 37 APPENDIX E COST PROPOSAL FORM Failure to submit Appendix E, Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of bids will result in bid being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the Cost Proposal Form below represents the entire cost of the items in full accordance with the requirements of this ITS, 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 Form (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E) shall be initialed. Bidders are required to bid on all groups below, in their entirety, as follows: 1) Group A: Water Treatment, Tests and Certification; 2) Group B: Additional Periodic Services; 3) Group C: Labor for Installation and Emergency Services. Failure to do so may be cause for rejection of bid. GROUP A: WATER TREATMENT, TESTS AND CERTIFICATION (INCLUDE IN MONTHLY COST ALL LABOR, SUPERVISION,MATERIALS, TOOLS.EQUIPMENTS AND CHEMICALS COSTS. Annual Cost Item Site Bldg Address Monthly Cost Qty IQuantity_x_Mo.Cost) Al Bass Museum 2100 Collins Ave. $ 12 $ Scott Rakow Youth A2 Center 2700 Sheridan Ave. $ 12 $ A3 City Hall 1700 Convention Center Dr. $ 12 $ City Hall A4 (cooling tower) 1700 Convention Center Dr. $ 12 $ A5 Parking Garage 1557 Washington Ave. $ 12 $ A6 777 Building 1701 Meridian Ave. $ 12 $ A7 Police Department 1100 Washington Ave. $ 14 $ Oceanfront 1001 Ocean Drive A8 Auditorium $ 12 $ South Shore A9 Communi Center 833-6th Street $ 12 $ GROUP A SUB-TOTAL(A1-A9) $ GROUP B: ADDITIONAL PERIODIC SERVICES (INCLUDE IN UNIT COST, ALL LABOR, SUPERVISION. MATERIALS. TOOLS,EQUIPMENTS AND CHEMICALS COSTS. Total Item Description Quantity U 1 M Unit Cost (Quandt_ X Unit Cost) B1 Tower Cleanin• 8 Disinfection 2 EA $ $ B2 Le•ionella Testiin• 4 EA $ $ GROUP B SUB-TOTAL(BI-B2) $ ITB 2018-017-IC 38 GROUP C: LABOR RATE FOR EMERGENCY SERVICES AND INSTALLATION OF EQUIPMENT Est. Total Item Description Hours UIM Unit Cost 1Est.Flours x unit_Cost7 Labor Regular Hours Rate for Equipment Installation(e.g..Pot feeders for any closed Cl loos;Corrosion cou son monitorin s rack 80 Flourl S $ Labor Non-Regular Hours Rate for C2 Emersen Services 20 Eli $ $ GROUP C SUB-TOTAL(C1-C2) $ 'The estimated amounts stated herein are for calculation purposes only.Actual amounts may be greater or less than the estimated amounts. GRAND TOTAL(ADD AND ENTER BELOW THE SUB-TOTALS FROM GROUPS A,B, C) GRAND TOTAL FOR ALL GROUPS(A,B,C) $ Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: I ITB 201 8-017JC 39 APPENDIX F k i. « # iT Insurance Requirements 2018-017-JC HVAC Water Treatment Service, Routine Testing, and Inspections PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Ile 2018C171C 40 MIAMI 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 Employers 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. 41 ITB 20 8-017-iC ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) 4fro Water s Treatment Inc. Your Cooling Tower People Prepared for: City of Miami Beach, FL 2018-017-JC HVAC Water Treatment Service Routine Testing and inspections "Professional Solutions for Your Water Treatment Concerns" 1620 NE 12th Terr., FT. Lauderdale, FL 33305 Telephone: (954) 650-1953 • Jorge(a)prowaterfl.net www.prowaterfl.net Pro Water Treatment • Your Cooling Tower People -Professional Solutions for Your flitter Treatment Concerns" PRO WATER TREATMENT, INC. TECHNICALIBUSINESS QUALIFICATIONS Pro Water Treatment, Inc. (EIN 36-4488473) is a Florida corporation in sound financial and legal standing servicing the South Florida Area. We provide you with a competitive alternative to more expensive water treatment companies while maintaining a high quality of service. The following is an overview of our qualifications. Overview We pride ourselves on the personal service that we provide to all of our customers. We will cut your costs and provide you with prompt, professional quality service within the same day, if needed, in all areas. We feel that we are more than geographically compatible with your properties to provide the best possible service that your organization requires. As a matter of fact, all of our customers are within 60 minutes of our facility. If apply, chemical delivery is no problem. We will not have to drop-ship any chemical using outside trucking firms. We assume all responsibility. Pro Water Treatment is confident that we will meet or exceed the requirements specifications recommended for your location's water treatment needs year round. We specialize in providing our customers "ALL INCLUSIVE" water treatment programs, which include traditional or green technology System, all chemicals to be handled by Pro's personnel, point of delivery and removal of empty chemical drums, all on site testing and field reporting, all test reagents use, and log books for each site. Pro Water Treatment will provide the following information, as appropriate, and as needed: • Electronic water chemistry reports. • Records of all service visits. • Recommendations for system improvement. • On-going evaluation of system needs. • Recommendation for system cleaning and maintenance. • Personalize program operations manual. 1620 N.E. 12"' Terr., Ft. Lauderdale, FL 33305 Phone: (954) 650-1953 • Jorge@prowaterfl.net PERFORMANCE MONITORING Our performance monitoring is thorough. As part of our high standards to meet your needs, we comply with industry requirements and adhere to strict quality control measures. We specialize in instituting action programs designed to correct identified loop deficiencies and using preventive measures to extend your HVAC's equipment life. At Pro Water Treatment, Inc. we understand that HVAC costs constitute about one-half of your energy costs and we try to save you money at every opportunity. In order to increase accountability and develop trust, we include our customers throughout the performance monitoring process. All customers receive detailed monthly service reports. Monthly reports detail pertinent information about the current water treatment program and provide recommendations for efficiency improvement. We believe that strong communication is important to the success of our partnership. Therefore, when requested we incorporate monthly or quarterly meetings with your point of contact personnel as a proactive measure to discuss how the water treatment program is working. This will include what recommendations we have made and what we have done to rectify any problems at any location. For example, we have successfully performed these meetings with several major mechanical contractors in the south Florida area. These meetings yield a better coordination of services saving time and money while preventing service interruption to your systems. We believe in a performance monitoring system that addresses core issues of performance and customer satisfaction. We have divided these parameters into two categories - technical and service. These issues may be summarized as follows: Technical issues: • Are water chemistry parameters within specifications? • Is the water system free of corrosion, scale, and slime, as per treatment specifications? • Is the system free of unscheduled downtime? • Are customer's site personnel properly trained? • Has the customer received the best service plan for the site? • Do service personnel follow all environmental and safety requirements of the site? Service issues: • Are service calls timely? • If apply, are treatment chemicals properly stocked on site? • Is site personnel properly notified when Pro's service staff is on site? • Do written service reports provide clear information? • Are your personnel satisfied with our service representative and with the service being performed? • Have we honored our service guarantee? • Are we meeting or exceeding customer expectations? 1620 N.E. 12th Terr., Ft. Lauderdale, FL 33305 Phone: (954) 650-1953 • Jorge@prowaterfl.net Industry performance standards are virtually the same as those stated above. We are proud of our customer service leadership role in our industry as well. We are attempting to change the standards by selling service, and including chemicals in our agreements. Our company specializes in high quality, all inclusive chemical water treatment programs. As stated above, the industry standards are reflected in our daily operating policies and serve as a foundation to our Corporate Service Quality Policy statement. SERVICING Key service attributes are the same as those that we partner with, benchmark with and established with the industry. These include: • Timely service calls. • Emergency call response in two hours or less. • Proper inventory of water treatment chemicals at the customer's site, when apply. • Notification of site personnel when our staff is on site. • Written reports of all service calls and repair recommendations. These are in addition to our technical requirements, which are as follows: • Maintaining of water chemistry parameters. • Maintaining the water systems free of scale, corrosion and slime. • Minimizing unscheduled system downtime. • Training of customer site personnel. • Ensuring the best service for the customer site. • Following all environmental and safety compliance issues for the site. With our service monitoring program, we have achieved service excellence and a very high level of customer loyalty. This high level of customer loyalty indicates that our customers' systems run at optimum performance and that our service staff responds to customer needs. We will reduce some of your energy costs. We will achieve this goal by following the specified water treatment program and keeping your systems clean. We guarantee our service and water treatment proposal in writing. dy ihl!uvril!L , I i' ,*rll, Utr • 1620 NE 12' Terr., Ft. Lauderdale, FL 33305 Phone: (954) 650-1953 • Jorge@prowaterfl.net so((otaum No: ISit data)Nee: 2018-017-JC HVAC Water Treatment Service, Routine Testing,and Inspections LProcurement Contact I Tel. Email Jason Crouch 305.673.7000 x 6694 jasoncrouch@maimibeachfl.gov BID CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Bid 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 Bid Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. i I FIRM NAME. / _,. SS . .. w 1 reA�Y✓uNO w 47:4_, SS NO.CF YEARS W EU5NESS. NO.OFYEAS NRUSINE55 LOCALLY ` / OTRER NA AE(5)PROPOSER PAS OPERATED UNDER IN DIE LAST 10 YEARS: (y FIRM PRIMARY ADDRESS(HEADQUARTERS) 4.,^/4/ /E (RID AI ice` -leve CITY L STATE. / ILP CODE E (/CEPEONE N0: 57 4 S © � TOLL FREE NO: FAX NO.: N/41/- FIRM LOCAL ADDRESS: �9 Cm: 4, w e STATE. ➢P CCCE: PR:MARY ACCOUNT REPRESENTAT,4E FOR THIS ENGAGEMENT: / ACCOUNT REP TELEPHONE NO _ JOS Z L- /10(12(1, lam./ ACCOUNT REP TOLL FREE NO: SL/— w -5 0 ( x3 ACCOUNT REP ENWLL: ilk::') 4//t/r(4//t/r(teAC it. ..,.(_ — ��+^Tel// 7+.9fek.-,t FL .wGT FEDERAL TAX MALL.CATION NO.. 3 6 The City reserves the right to seek additional in ation from Pr ser 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 rapacity of the Proposer b perforin in a.widence With contact requirements. I3 2013-01 TC 19 Veteran Owned Business.Is Proposer claiming a veter ed 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(SCR)directly to the Procurement Contact named herein.No proposal will be considered without receipt, by the City,of the SOR directly from Dun&Bradstreet The cost of the preparation of the SCR shall be the responsibility of the Proposer. The Proposer shall request the SOR report from D&B at: hftpsa!supplierpor`al.drab,ceMwebapplweltstoreslsereletSupplierFortal?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 SCR submittal process,contact Dun 8 Bradstreet at 800- 424-2495. SUBMITTAL REQUIREMENT:Proposer shall request that Dun&Bradstreet submit its Supplier Qualifier Report directly to the City, with be 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 mere in to Prcposer 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 inQrectly,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 tree(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 P ser ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by an bf ector agency? VES 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 (inckrding 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 Department with r proposavresponse or within five(5)days upon receipt of request The Code shall,at a minimum, require the Roposer,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. To 2018-017-ti 20 SUBMITTAL REQUIREMENT:Proposer shall submit firm's Code of Business Ethics.In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance,the City of Miami Beach Cade of Ethics, available at www.miamibeachf.govlprocunernent/. 8. Living Wage. Pursuant to Section 2-408 of the City of Miami Beach Code, as same may be amended from time to time, covered employees shall be paid the required wing wage rates listed below 1. Effective January 1,2018,covered employees must be paid a!tang wage rate of no less that$11.62 per hour with health care benefits of at least$2.26 per hair,or a hying wage rate of no less than 313.88 pe hour without health care benefits. 2. Effective January 1,2019,covered employees must be paid a living wage rate of no less than$11.70 per hour with health care benefits of at least$274 per hour,or a Nving wage rate of no less than$14.44 per hour without health care benefits 3. Effective January 1,202Q covered employees must be paid a living wage rate W no less than$11.78 per hour with health care benefits of at Mast$3.22 per hour,or a riving wage rate of no less than$15.00 per hour without health care benefits. The living wage rate and health care benefits rate may,by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers(CPI-IJ)Miami/Ft Lauderdale,issued by the U.S.Department of Labors Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution,elect not to index the living wage rate b any particular year,if it determines it would not he fiscally sound to implement same(in a particular year). Proposers'failure b comply with this provision shall be deemed a material breath under this proposal,under which the City may.at its sole option,immediately deem sad Proposer as non-responsive,and may further subject Proposer to additional penalties and Anes, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement 's available at www.miamibeacttfi.gov/prowrement/. SUBMITTAL REQUIREMENT:No addibona submittal is required.By virtue of executing this affidavit document.Proposer agrees to the living wage requirement 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contacts valued at over$100,000 whose contractors maintain 51 or more full time employees on Mee parmis during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contactors Bang business with the City of Miami Beach, who are awarded a contact pursuant to competitive proposals,to provide'Equal Benefits'to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City Emits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contrast within the City of Miami Beach. A. Does your company provide oroffer access to any benefits to em es with spouses or to spouses of employees? YES I NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners'or to domestic partners of employees? YES ✓NO C. Please check all benefits that apply b your answers above and list in the'other section any additional benefits not akeady specified. Note some benefits are provided to empbyees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly tothe spouse or domestic patter,such as medical insurance. BENEFIT Firm Provides for Firm Provides for I Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave ' If Proposer cannot offer a benefit to domestic patters because of reasons outside your control, (e.g., them are no insurance providers in your area willing to offer demotic partner coverage)you may be eligible far Reasonable Measures compkamz To comply on this basis, you must agree to pay a cash equivalent aid submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee Approval is not guaranteed and the City Manager's decision is fnaL Further bformation an the Equal 'TB 20116-0171C 21 Benefits requirement is available at•mvw-miamibeachflocv/cr;wrementI cro!lasox71d=79113. 10. Public Entity Crimes.Section 237.133(2)(a),Florida Statutes,as currently enacted or as amended from dme to tine,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a proposal,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals. proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor. supplier, subcontractor,or consultant under a contract with any public entity;and may not transact business with any pudic entity in excess of he threshold amount provided ins. 237.017 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, Rawer agrees with the requirements of Section 287.133.Florida Statutes,and certifies it has not been placed on convicted vendor fist 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 net and MI not engage in a boycott as defined in Section 2-375(a)of the City Code,Iiduding the blacklisting,divesting from,or otherhse 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 he 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 wntng that the business has adopted and employs written policies,practices, and standards that are consistent with The Cltys Fair Chance Ordinance,set forth in Anile V of Chapter 62 of the City Code(°Far Chance Ordinance-), and which, among other things, (0 prohibits City contractors, as an employer, from inquiring about an applicant's ruminal 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(i) prohthits 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 Far Chance Ordnance. Proposer agrees to provide the City with supporting documentation evidencing its cornpfiance 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 a more addendmh to die solicitation which may provide additional information to Proposers or atersolicitation requirements.The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPumuase.com However Proposers am solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. InR Cat= - 'eipt legal to Cmi I heal to CPeSm Receipt I Romp( Addendum 1 ; Addendum 6 I Addendum 11 I Addendum 2 I Addendum 7 ! Addendum 12 Addendum 3 I Addendum I Addendum 13 I Addendum 4 4 Addendum 9 1 Addendum 14 ! Addendum 5 I Addendum 10_: Addendum IS ITB 2018-017)C 22 If additional confirmation of addendum is required,submit under separate cover. The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the'City)for the redpienrs 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 solicdafion. 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 provife 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 shook: 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 forconsirkration,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.My 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, cr 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 the solicitation.By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation a deems appropriate b substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and al information sought in such vtquiry or investigation. Each Proposer certifies that the information contained in the Proposal is hue,accurate aid 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 the sokiajaon or any response CecRo,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,Itis understood tat 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 20 8-01/-IC 23 BIDDER CERTI:ICATIGN I hereby certify that: I, as an authorized agent of the Bidder, am submitting the following information as my firm's proposal; Bidder 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; Bidder 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; Bidder has not divulged,discussed,or compared the proposal with other Bidders and has not colluded with any other Bidder or party to any other proposal: Bidder 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 Bid Certification, Questionnaire and Requirements Affidavit are true and accurate. I Name of Blades Aamorzed Representative: rine of 3iddrs Au/bused Represenpave: /7 7 G / r S. 9, rept oma: R l _ Oa U State of FLORIDA ) On this,aday of rr 20i'personally who ) appeared before me 7J24 rWr 3/7°SW 2 L+T County of C4 torb ) stated that (s)he is the (04t 4 r-r of PP-'w a{orporation, and that the instrument was signed in behalf of the said corporation by authority of its board of di - tors +nd acknowledged said instrument to be its voluntary act and deed.Befor- me: y JUAN HURT= aY No[a� ffie Wary Eublie,State of Florida �' Commissions GG 129209 My comm-expres July 27.2021 :TB-2018017-JC 24 APPENDIX E n Cost Proposal Form 2018-017-JC HVAC Water Treatment Service, Routine Testing, and Inspections PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Ronda 33139 ITB 2018-017-IC 37 APPENDIX E COST PROPOSAL FORM Failure to submit Appendix E, Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of bids will result in bid being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the Cost Proposal 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 Form (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E) shall be initialed. Bidders are required to bid on all groups below, in their entirety, as follows: 1) Group A: Water Treatment, Tests and Certification; 2) Group B: Additional Periodic Services; 3) Group C: Labor for Installation and Emergency Services.Failure to do so may be cause for rejection of bid. GROUP A: WATER TREATMENT, TESTS AND CERTIFICATION (INCLUDE IN MONTHLY COST, ALL LABOR, SUPERVISION.MATERIALS. TOOLS,EQUIPMENTS AND CHEMICALS COSTS.) Annual Cost ttem Site Bldg Address Monthly Cost Ory aunt:y X !m.Ccni Al Bass Museum 2100Cdlins Ave. $ .�bS 12 5 —5) `l20 Scott Rakow Youth , A2 Center 2700Sheridan Ave. I $ t--):35_�5 12 I $ t)i yap A3 City Hall 1700 Convention Center Dr. $ 1 75 12 $ -) (.30 I City Hall I A4 (cooling tower) 1700 Convention Center Or. 5 (`. 12 $ j)V L OO A5 Parking Garage 1557 Washington Ave. 15 I it 12 $ 2� I D O A6 777 Building 1701 Meridian Ave. 5 I}5 12 $ j 0t Al Police Department 1100 Washington Ave. $ 5 7-5 12 5 6/3.1 �90 0 • Oceanfront 1001 Ocean Dave A8 Auditorium i 3 IS'-_ O 12 $ 3. AJa 0 South Share A9 Cammuni Center 833-6th Street I5 I. 5 12 , $ 3 00 GROUP A SUB-TOTAL(A1A9) ran GROUP B: ADDITIONAL PERIODIC SERVICES (INCLUDE IN UNIT COST, ALL LABOR SUPERVISION, MATERIALS, TOOLS.EQUIPMENTS AND CHEMICALS COSTS.) Item Description Total P Quantity a1M Unit Cost lavers notal cone) B1 l Tower Cleaning 8 Disinfection 2 EA SU $t.30 $ aD B2 I .,, -,.Test . 4 1 EA $ 325 Is ) , 300 GROUP BSUB-TQTAL(B1-82) $ c Cjo ITB 20181017-JC 38 GROUP C: LABOR RATE FOR EMERGENCY SERVICES AND INSTALLATION OF EQUIPMENT Est. Total Item DescnpHan Hours UM Unit Cost Est Hours X umt_Cosl Labor Regular Noun Rate for Equipment Instalation(e.g.,Pot feeders for any dosed I CI loop:Corrosion coupon monitoring rack) 80 Hourly S $ ,. SF O I Labor Non-Regular Route Rate for .7.- C2 Eme.en Services 20 H. } $ $ / S , GROUP C SUB-TOTAL(CI-C2) N . ice) The estimated amount stated herein are for calculation purposes only.Actual amount may be greater or Ss than the estmated awcnts. GRAND TOTAL(ADD AND ENTER BELOW THE SUB-TOTALS FROM GROUPS A,8, C) s3 T' Bidders Affirmation Company: Lt.L Authorizedresemdve: �6 c.c.s e_ ,C_ /,..A?„'t,..,e - I "dm"' d6.1-ry ry e .4.1 *- T„r � .--r L-,,l�.L/. �� .i tse s— TeI Pho : 9 S-'/ -6 rn / Y SJ F ne Emal: 4•1-r7`.8,-(21991,/ � , ?r/�n� wl �nili NM Ui-c>uHL..VL� AUNotlzM Representative's Signature: = - ./ I ITB 2018-017-h_ 3v List of References 1. R J F Environmental Consulting— Boca Raton FL Rob Farina—P- 561-674-4370 • rcasi_.,:_-._. z c Since 2002—water treatment&duct cleaning. 2. Airstron, Inc. Broward & Miami Dade Bill Clark—VP- 954-275-6424 Bclark'i airstron.com Since 2002—Water Treatment, Cooling Tower Refurbishing & Cleaning 3. Robert Kulic—Mystic 300, Aventura FL- Engineer—305-933-2636 rmkfla(dmsn.com—Cooling Tower treatment since 2014 4. Marina Tower—West Palm Beach -Tim—Manager- 561-951-1082 marinatowermanasero.umail.com-Cooling Tower treatment since 2010 5. Plaza Center— West Palm Beach- Nelson Rosa— Engineer—561-859-7767 olazacenterene tcbellsouth.net- Cooling Tower treatment since 2010 6. Broward Center—Foster—Operation Manager- 954-522-5334 fonesdbrowardcenter.or2-Cooling Tower treatment since 2007 7. Fisher Island— Sheri Bonnet)—Property Manager -786-714-4212 sheri.bonnella marquishoa.com Cooling Tower treatment since 2002 8. Playa Del Mar—Office—954-561-0990— Fort Lauderdale Rosie—Assistant Manager Cooling Tower treatment since 2007 9. Aquassurance, Inc.—Coline Frayne— 561-267-4381 Aquassurancelamsn.com Since 2002—Water Treatment 10. VIA Management, Miami Beach-Walter Schung—305-370-5086 wchune a uiamanasement.com- Since 2002—Water Treatment Afro Water W Treatment Inc. Your Cooling Tower People Prepared for: City of Miami Beach, FL 2018-017-JC HVAC Water Treatment Service Routine Testing and ins ections "Professional Solutions for Your Water Treatment Concerns" 1620 NE 12°x' Terr., FT. Lauderdale, FL 33305 Telephone: (954) 650-1953 • Jorge(a)prowaterfl.net www.prowaterfl.net List of References I. RJF Environmental Consulting—Boca Raton FL Rob Farina—P- 561-674-4370 .: ri Cncirormeet^.I con Since 2002—water treatment&duct cleaning. 2. Airstron, Inc. Broward & Miami Dade Bill Clark—VP-954-275-6424 Bc lark aairstron.com Since 2002—Water Treatment, Cooling Tower Refurbishing &Cleaning 3. Robert Kulic — Mystic 300, Aventura FL- Engineer— 305-933-2636 rmkflaC&msn.com—Cooling Tower treatment since 2014 4. Marina Tower—West Palm Beach -Tim—Manager- 561-951-1082 marinatowennanazernlamaiLeom - Cooling Tower treatment since 2010 5. Plaza Center— West Palm Beach -Nelson Rosa—Engineer— 561-859-7767 plazacenterenciQubellsouth.net- Cooling Tower treatment since 2010 6. Broward Center— Foster—Operation Manager- 954-522-5334 f ones n browardcenter.oru-Cooling Tower treatment since 2007 7. Fisher Island—Sheri Bonnet'—Property Manager-786-714-4212 sheri.bonnell^a marauishoa.com Cooling Tower treatment since 2002 8. Playa Del Mar—Office—954-561-0990— Fort Lauderdale Rosie—Assistant Manager Cooling Tower treatment since 2007 9. Aquassurance, Inc.—Coline Frayne—561-267-4381 Aquassurance(@msn.com Since 2002—Water Treatment 10. UTA Management, Miami Beach - Walter Schung—305-370-5086 wchuncrauiamanaaementcom-Since 2002 —Water Treatment APPENDIX E H 41— l � � if Cost Proposal Form 2018-017-JC HVAC Water Treatment Service, Routine Testing, and Inspections PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 :TB 2019-017-IC 37 • APPENDIX E COST PROPOSAL FORM Failure to submit Appendix E, Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of bids will result in bid being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the Cost Proposal Form below represents the entire cost of the items in full accordance with the requirements of this ITS, 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 Form (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E) shall be initialed. Bidders are required to bid on all groups below, in their entirety, as follows: 1) Group A: Water Treatment, Tests and Certification; 2) Group B: Additional Periodic Services; 3) Group C: Labor for Installation and Emergency Services.Failure to do so may be cause for rejection of bid. GROUP A: WATER TREATMENT, TESTS AND CERTIFICATION (INCLUDE IN MONTHLY COST, ALL LABOR, SUPERVISION,MATERIALS, TOOLS,EQUIPMENTS AND CHEMICALS COSTS.) Annual Cost Item Site Bldg Address Monthly Cost Qty taxamity x Mo.gout I Al Bass Museum 2100 Collins Ave. I fD.S5 12 $ "-2 ) 'Lac Scott Rakow Youtll _ A2 Center 2700 Sheridan Ave. $ oxrj 1 12 1 57ya0 A3 City Hall 1700 Convention Center Dr. $ ) 7 5 I 12 ; $ L61' City Hall A4 (cooling lower) 1700 Convention Center Dr. I $ jr7.r, 12 $ Iv L-OD A5 Parking Garage 1557 Washington Ave. i S {-T 12 5 a� 100 A6 777 Building 1701 Meridian Ave. S 11-5 12 $ 1- {UC Al Police Department 1100'Washington Ave. s r�Trj 12 $ 6,)(4(./C' 0Q 1 Oceanfront 1001 Ocean Drive AS Auditorium ' 5 55 12 $ 3. ciao l South Shore A9 Cnity Center 833-fith Street : ommu $ V t5 12 $ 3 I 0 Q $ ) y166 GROUP B: ADDITIONAL PERIODIC SERVICES (INCLUDE IN UNIT COST ALL LABOR, SUPERVISION, MATERIALS. TOOLS.EQUIPMENTS AND CHEMICALS COSTS-) Total Item Description Quantity LitM Unit Cost iPaammx_umt Cost) B1 i Tower Cleaning 8 Disinfection 2 ' EA $ aU 2rO O V tj,NO D 82 I - 'onedaTesti . 4 i EA $ 32`J is ) .300 GROUPBSUB-TDTALIB1-B2) $ tr 900 [TB 2018-017-iC 38 GROUP C:LABOR RATE FOR EMERGENCY SERVICES AND INSTALLATION OF EQUIPMENT Est Total Item Description Hours UIM Unit Cost I Est HoursX_Unit Cost) I Labor Regular Hours Rate for Equipment Instailafion(e.g.,Pot feeders for any dosed Cl _ loop;Corrosion coupon monitoring rack) 80 Hourly 5 --.) S I $ 1 erCO I— I Labor Non-Regu/arHours Rate for -- I C2 Eme ency Services I 20 I Hourly I S T S / S Sr 9-0 The estimated amounts stated herein are for calculates purposes only.Actual amounts may be greater or:ess than the estmated amoi:nts. GRANO TOTAL(ADD AND ENTER BELOW THE SUB-TOTALS FROM GROUPS A,B,C) GRAND TOTAL FOR ALL GROUPSfA,B,C) $_51 97' .(7n Company: p:p 77,v.,c.4.1.-✓12 L..-C- - AVNonzeUReprsematne: 166.- e_ L. /G+.4>)-;e7 Amass- fly In e✓6 71 f'" Tei iwf 4n. L J7 72- ,rj r relephone: 9 S-47 -G r0 / Y 3- / I i Email: , oa, i /.. cd. %r A 1Co .i i I `Authorized Repr entativei Si. .•re: ITB 2018-0 I 7-JC 39 ' Sdiatalim No- Sohalaton Title: - 2018-017-JC HVAC Water Treatment Service, Routine Testing,and Inspections Prooiremect Omit; L Jason Crouch . 305.673.7000 x 6694 jasoncrouchOmaimlbeachfl.gov BID CERTIFICATION, QUESTIONNAIRE&REQUIREh1ENTS AFFIDAVIT Purpose: The purpose of this Bid 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 Bid Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1, General Proposer Information. FIRM NAME Y], _ No.OF YEARS IN BUSINESS. � i� l YZ ""�L41 z4-c • qiC' % I NO.CF YEARS BUSINESS LOCALLY OTHER NAMEISI PROPOSER HAS OPERATED LNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS[HEADQUARTERS); - / � E /v,�- reE I CITY ✓✓� -r H -c✓�.,., �P ZIP COLE TELEPHONE O. 9 Sl / � / 3 3 3 6 5-0 _ y� TOLL FREE NO ` - /4-'1 FAX N0 ^/ FIRM LOCAL ADDRESS. N//"' CITY. JreH-e se-3 ;lloT/t / STATE. LP CODE PR MARY ACCOUNT REPRESENTAUYE FOR THIS ENGAGEMENT. / �'r / �/ Tory L /C 4.1-A ACCOUNT REPrELEPHONE NO: (J� / _ ACCOUNT REP TOLL FREE N0: r(7-1 `•' 5 Fi / f3'3 ACCOUNT REP EMAIL ) {121% COMA-r/Ll — , ,l< C7 ) — � .e/ / 7PG.E-rwIL .; ie� FEDERAL TAX ICENTIFICAT10ry NO • The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to:any fin or principal infomlation, applicable licensure, resumes of relevant individuals,client information, financial information,or any information the City deems necessary to evaluate the capac ty of am Proposer a perform to aux-dance with contact requirements. 11 B 2018-0 17;C 19 1. Veteran Owned Business.Is Proposer claiming a v }�o�tere r�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 Gty, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Ouaificaton Report(SCR)directly to the Procurement Contact named herein.No prodigal well be considered without receipt, by the City,of the SCR 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:I'suoplieroortal.dnb.ccruwe bapplwcslstoreslserdetSupdierFortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SOR. 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 SOR submittal process,contact Dun&Bradstreet at 800- 424.2495. SUBMITTAL REQUIREMENT:Proposer shall request that Dun&Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within 2 days of request. 3. Conflict Cf Interest All Proposers must disclose.in their Proposal,the name(s)of any officer,drector,agent.or immediate family member(spouse, parent, sibling, and Thad) who is also an employee of the City of 0.fami Beach. Further, all Proposes must disclose the name of any City employee who owns, either directly or indirectly, an iiterest 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 fami:y 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 Ercall and 6)Narrative on Scope of Services Provided. 5. Suspension,Debarment or Contract Cancellation.Has Pr ser ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by an ubl ¢rotor agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is •YES'Proposer shall submit a statement detailing the reasons that led to octants). 6. Vendor Campaign Contributions. Proposers are expected to be or benne familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shad be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are candied with,aid shall be subject to any and all sanctions, as prescribed therein,including disqualification of fhe'r Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all indviduals or entities inducing your subtonsttants)with a controlling finandal interest as defined in sdit:taboo_For each individual or entity mill a Maeither db =Soling interest indicateee whether toro not each indmdual or entity has contributed to the campaign eiof 'or of a candNale Mo has been elected to the office Mayor City Commissioner for The City of Mani Beall. 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 b the Procurement Department with as proposalresponse or within five(5)days upon receipt of request The Code shah,at a'daimon,require the Proposer,to comply with all applicable governmental rules and regulations rrluing,anung othes,the cadet of intern*lobbying and ethics provision al the City of Miami Beach and Miami Dade County. Ira 2018-017}C 20 SUBMITTAL REQUIREMENT:Proposer shall submit fine's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gavlpracuremenU. 8. Living Wage.Pursuant to Section 2-408 of the City of Miami Beach Code, as same may be amended from time to time,covered employees shall be paid the required living wage rates listed below: 1. Effective January 1,2018,covered employees must be paid a living wage rate of no less than 311.62 per hour with health care benefits of at(east$2.26 per hour,or a living wage rate of no less than$13.88 per hour without health care benefits. 2. Effective January 1,2019,covered employees must be paid a living wage ate of no less than$11.70 per hour with health care benefits of at least$2.74 per hour,or a living wage rate of no less than$14.44 per hour without health care benefits. 3. Effective January 1,2020,covered employees must be paid a Awing wage rate of no less than$11.78 per hour with health care benefits of at least$3.22 per hour.or a living wage rate of no less thans15.00 per hour without health care benefits. The living wage rate and health care benefits rate may,by Resolution of the City Commission be indexed annually for inflation using the Consumer Pnce Index for all Urban Consumers(CPI-.1)Miami/Ft Lauderdale,issued by the U.S. Department of Labors Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution,elect not to index the living wage rate in any particular year,it M determines it would not be fiscally sound to implement same(in a particular year). Proposers failure b comply with this provision shall be deemed a material breach under this proposal,under which the City may,at its sole option, immediately deem said Proposer as non-fesponsrve,and may further subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfi.govlprocurement. SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees to the living wage requirement. 9. Equal Benefits for Employees with Spouses end Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals,to provide'Equal Benefits'to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor whir work within the City limits of the City of Miami Beach,Florida;and the Contractors employees located in the Untied States, but outside of the City of Miami Beach limits, who are directly perfuming work on the contract whin the City of Miami Beech. A. Does your company provide or offer access to any benefits to em with spouses or to spouses of employees? YES I NO 3. Coes your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners'or to domestic partners of employees? j 1 YES NO C. Please check all benefits that apply to your answers above and fist in the"other section any additional benefits not already sneered. Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave:other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT I Firm Provides for I Firm Provides for I Firm does not Employees with Empoyees with Provide Benefit 1 Spouses Domestic Partners f Health SiG Leave Family Medical Leave j Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control. (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee.Approval is not guaranteed and the City Manager's derision is final. Further information on the Equal !TB 2618-0i7-IC 21 Benefits requirement is available at www.miamiTeeenfl cbdcrcur=menJscrcll aeon7id=73713. 10. Public Entity Crimes.Section 287.133(2)(a), Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal,proposal,or reply on a contract to provide any goods or services to a public entity,may not subm;t 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 ins.2353317 for CATEGORY PNO 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 wit 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,cob'. national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT:No additions 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 Cede,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, O 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) prohibit placing a statement on an employment application that a person with a cnminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittals 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 es canp$ance upon request Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contact,and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at low and in equity. 14. Acknowledgement of Addendum. Alter ssuarce of sdicitation,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 Cit s e-procurement system, PublicPumhase.com, However, Proposers are solely responsible for assuring they have received any and ail addendum issued pursuant b sanitation. This Acknowledgement of Addendum section certifies that the Proposer has received S addendum released by the City pursuant to this solicitation.Faure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Todd to Conlin I Rerept Past swine I teas to confirm 2ecebt Receipt ( , Addendum 1 I Addendum 6 I I Addendum 11 I Addendum 2 Addendum 7 Addendum 12 ' , Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 , Addendum 5 j ; Addendum 10 I Addendum 15 ITB 20 18-3:71._ 22 If additional confirmation of addendum is required,submit under separate cover. The solicitation referenced herein is being famished 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, offices, 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 Nese 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,Nterpretations,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 As 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.My 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.My Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and respensihdity 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 ten only pursuant to the terms of the definitive agreements executed among the parties.My response to this solicitation may be accepted or rejected by the City for any mason,or for no reason.without any resultant liability to the City. The City is governed by he Government-in-theSunsh,e 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 i acknowledges andProposal,the pl ment g agrees that the City has the riget to make any inquiry or of antiand all A deems appropriate to such inquiry or supplement information contained in the Proposal,and authorizes the release to the City of any and information sought in irpuiry or investigation. Each Proposer certifies that the information contained in the Proposal is true,accurate and complete,b the best of its knowledge,intimation, 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 knposes on the City any liabidiy arising out of this solicitation,or any response thereto,or any action or inaction by the City wit respect thereto,such liability shall be limited to$10,000.00 as agreed-upon and liquidised damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of Nis 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 sways govern. The solicitation and any disputes arising from the soficaation shall be governed by and construed in accordance with the kiwis of the Slate of Florida. TB 20 8-017.10 23 I hereby certify that: I. as an authorized agent of the Bidder, am submitting The following information as my firm's proposal; Bidder 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: Bidder agrees to be bound to any and all specifications, terns 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; Bidder has not divulged,discussed, or compared the proposal with other Bidders and has not colluded with any other Bidder or party to any other proposal; Bidder 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 Bid Certification, Questionnaire and Requirements Affidavit are true and accurate. I Name of Biedets authorized Represe,tative. title of Rages AUNar¢ed Represmuure: 1 � i Simian of Mutant•R-. _ - I . } v Cam: Ll State of FLORIDA ) On this2Q~day of FriS 201'personally appeared before me , Tia7L-A rho 3/Z,S%t46.vrt who County of 24-" VI-tr, ) stated that (s)he is the of Pn-',...i.r�— QeknSe of „ 4, a�orporation, and that the instru ent was signed in behalf of the said corporation by authority of its board of dire ors + d acknowledged said instrument to be its voluntary act and deed. Before me: JUAN HUNTACC NO1al9Eb eNotary Public,State of Ronda _ " Commissiond GG 129209 a NY comm.egires July 27.2021 TE 2018017•1C 24 ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F r i # x Insurance Requirements 2018-017-JC HVAC Water Treatment Service, Routine Testing, and Inspections PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-017-JC 40 MIAMI 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 Lability (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-ownedihired automobiles included. 4. Excess Liability-S .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. Bests 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. 41 ITB 2018-017=C