Loading...
Certification of Contract with Apricot Office Interiors Inc. m MIAMIBEACH c T CITY OF MIAMI BEACH y_ �S I CERTIFICATION OF CONTRACT TITLE: For Purchase, Delivery, and Assembly of Clear Resin Chiavari Style Chairs. CONTRACT NO.: ITB 2018-318-ZD EFFECTIVE DATE(S): This contract shall commence upon the date of execution by the Mayor and City Clerk of the City of Miami Beach and shall remain in effect until all items set forth in any Purchase Order issued hereunder have been delivered and accepted by the City, and the applicable warranty period has expired. SUPERSEDES: NA CONTRACTOR(S): Apricot Office Interiors Inc. ESTIMATED CONTRACT AMOUNT: $193,400.00 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida ("City"), on July 25, 2018, approving the award of this Contract, and upon execution thereof by the City and Apricot Office Interiors Inc., a Florida corporation (the "Contractor"). B. EFFECT - This Contract is entered into to provide for Purchase, Delivery, and Assembly of Clear Resin Chiavari Style Chairs. pursuant to City Invitation to Bid No. ITB 2018-318- ZD 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 2018-312-ZD. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to City of Miami Beach, Luis Wong, Senior Administrative Manager/Tourism, Cultural and Economic Development Department at 305-673-7000 ext. 6617. 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 ITB-2018-318-ZD Pagel 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 diligent 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. ITB-2018-318-ZD Page 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: Luis Wonq City of Miami Beach Department of Tourism, Culture and Economic Development Department 1755 Meridian Avenue, 5th Floor Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Apricot Office Interiors Inc. 20401 Northwest 2 Avenue Miami Gardens, FL. 33169 Attn: Del Crooks Phone: 305-634-2471 Fax: N/A E-mail: del.crooks(dapricotos.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. ITB-2018-318-ZD Page 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 Re in Miami-Dade County, Florida. BY ENTERING INTO THIS CONTRACT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF THE CONTRACT AND/OR THE CONTRACT DOCUMENTS. CONTRACTOR, SHALL SPECIFICALLY BIND ALL SUBCONTRACTORS TO THE PROVISIONS OF THIS CONTRACT AND THE CONTRACT DOCUMENTS. 0. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. a 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; (H) the ITB; and /or (iii) 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. S. ADDITIONAL ITEMS / SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and 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 the additional items. If these quote(s) are determined to be fair and reasonable, then the additional items will be awarded to the current contract vendor(s) through either a Purchase Order (or Change Order if Purchase Order already exists) or an amendment to the Contract. Additional items with a cumulative value of $50,000 or less may be approved by the City Manager. City Commission approval is required for additional items with a cumulative value greater than $50,000. ITB-2018-318-ZD Page 4 Page 5 Certification of Contract IN WITNESS WHEREOF the City and Contractor have,_Faused this Certification of Contract to be signed and attested on this g day of STJT , 20 1r by their respective duly authorized representatives. APRICOT OFFICE INTERIORS INC CITY OF MIAMI BEACH 7 � By P ea. esrdent/dent/gnature Mayor Gc 5 I in C fR/V/lRLt Print Name 7ATTEST:- ATTEST: Secretary/ Signature : . •I E. Grana.o, City Clerk 40. Print Name *i vii e r, : INOORRATED * `R"I ao Datel g -4 ��h ," 140 if 26^ •- ` � •PROVED AS TO ORM & LANGUAGE nue &FOR EXECUTION City Attorney 440 Date ITB-2018-318-ZD PageS ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Coversheet Page I oft Competitive Bid Reports-C2 J MIAMI BEACH COMMISSION MEMORANDUM TO. Honorable Mayor and Members of the City Commission FROM. Jimmy L.Morales,City Manager DATE'. July 25,2018 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID(ITB)NO.2018-318-ZD FOR PURCHASE. DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIR FOR THE MIAMI BEACH CONVENTION CENTER. 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 2018-318-ZD, for the purchase. delivery, and assembly of clear resin chiavari style chairs for the convention center. ANALYSIS Tourism, Culture and Economic Development(TCED) has identified the need for clear acrylic Chiavari style chairs for the Miami Beach Convention Center (MBCC). The $700 million re-imagined Miami Beach Convention Center is scheduled to open in the early Fall of 2018. Designed to solidify Miami Beach as a world-class destination for quality conventions,social events and industry gatherings.Accordingly, it is essential that the interior and exterior design and furnishings represent the image,attitude and quality of service the City and MBCC will provide and attract. To that end,one-of-a-kind interior spaces have been designed and require ballroom furniture that is in a class of its own. Thoughtfully designed and responsibly manufactured,the Chiavari style chairs are distinctive, elegant and durable.The Miami Beach Convention Center design team suggested for high quality commercial chairs that will enhance the Miami Beach Convention Center ballroom, wedding and special event experience. The selected chairs exemplify the elegance,innovation and contemporary lifestyle that is Miami Beach. ITS PROCESS ITB No.2018-318-ZD was issued on June 22, 2018,with a bid opening date of July 11.2018.Two(2)addenda were issued. The Procurement Department issued bid notices to 318 companies utilizing www.publicpurchase.com website and 719 via email notification. Fifty-three (53) prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of seven (7) responses from: Apricot Office Interiors, Inc., Atlas Commercial Products, LLC, Elite Textile Trading, LLC, Global Equipment Company, Inc., Hcone International Impex, LLC. The Chiavari Chair Company, and Woodcraft Design 8 Furnishings, LLC. See tabulation sheet(Attachment A). The ITB stated that the lowest responsive, responsible bidder meeting all terms,conditions,and specifications of the ITB would be recommended for award by bid item, bid group,or for the entirety of all bid items,as deemed in the best interest of the City. In its due diligence, the Procurement Department and the using department have determined that it is in the City's best interest is to award all bid items to one bidder as it allows TCED to manage the logistics of this order,without delay or risk associated with the coordination efforts necessary when awarding to more than one bidder. The lowest, responsive, responsible bidder for all bid items meeting all terms, conditions, and specifications of the ITB for the specified chiavari style chairs and accompanying cushions is Apricot Office Interiors, Inc. To further evaluate this firm, the Procurement Department requested the latest supplier qualifier report(SQR) from Apricot Office Interiors to verify it is financially stable, has a good record of performance, and has sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. Apricot Office Interiors Inc. According to the information provided by Apricot Office Interiors, it is a privately-owned and diverse retail distributor of office furniture since 1986 In 2008, it divested the sale of office supplies and its sole focus became office furniture primarily in partnership with Office Furniture USA, a buying group that concentrates on the mid-market segment which continues to be a successful collaboration. Extensive product knowledge, comprehensive customer service, and competitive pricing have allowed it to maintain its footing in a challenging industry. CONCLUSION After considering the bids received and the evaluation of staff,pursuant to ITB 2018-318-ZD. I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Apricot Office Interiors, Inc., the lowest responsive,responsible bidder to the ITB for all bid items;and further authorize the Mayor and City Clerk to execute a contract. Amount 1 $19340000 Accounts https://m iam i beac h.novusagenda.com/agcndapub I is/CoverS heet.aspx?I tc m1 X922 I&Meet... 7/20/2018 Coversheet Page 2 of 2 309-0380-000674-00-410-552-00-00-00- 28160 Legislative Tracking Tourism,Culture and Economic Development/Procurement ATTACHMENTS: Description o Attachment A https://m iam ibeac h.no vusagenda.com/age ndapub l is/CoverSheetaspx?Iteml D=922 I&Meet... 7/20/2018 O O O CO O O O O O O O O O O O O O CO O O O pt) 0 0 0 0 O CL) U) Tt O M N CO C) N 01 O r 0 Cb r. O C. O Vr V CC) r CO U) 7 '- N N N N N N re G Q U S • m } F <» S f» e» e» e» y 0 0 0 0 0 0 0 0 0 0 0 o 0 0 O o o o u) U)0 LU Q• t M co co r CO U) N r 4 7 r r N N N rco" C) = U O N Z_ Q- 0 O IL ce a ER EA EA fA S. Co C7 O o O CO o O O Q 0 Q i O O O O O O O ▪ Ni W •� 00 o m 0 0 0 WJ U U0 0 o oo 0 • ML u_ W O O o o) N CA = 0 r CO O N 0) 0.1 r 0r x N N N N Q N J 174 m m O U p J Z J U c U• m '2 J C W C n c X o N y j U co a E C o f o U u- o y d o U m C WU • N 3 C C C C E .O U < d � E j m .c 0 • Z 0 px LL c m m 9 a ) v U F m w U - m Q Q W U' 2 F re ✓ N CO V 0 0 N- ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS Pro Int�Department,� I755 MEAnue.CpHFloor, Miami Beach, Florida 33'39, wvnLmiamibeachl.gov, 305-673-7490 ADDENDUM NO. 2 INVITATION TO BID NO. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS July 9, 2018 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). No further questions will be considered,and no further extensions will be made. I. RESPONSES TO QUESTIONS RECEIVED: Q1. What are the payment terms for this purchase? A1. Net 30. Q2. What is the required delivery schedule? A2. Bidder to state its proposed delivery schedule on Appendix E, Cost Proposal Form, page 31 of the ITB. If additional room is required, attach a separate page for the delivery scheduled proposed. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(a)miamibeachfl.gov Contact: Telephone: Email: Zuleika Davidson 305-673-7000 ext. 6943 zuleikadavidson(g@miamibeachfl.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return t e "Notice to Prospective Bidders" questionnaire with the reason(s)for not submitting a proposal. Sifcce el , 7/Z. Al• x Deni � )2- P cure t Director 1 ADDENDUM NO.2 INVITATION TO BID(ITB)NO.2018-318-ZD PURCHASE,DELIVERY,AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS MIAMI BEACH Procurement Department, 1755 Meridian Avenue, 3' Floor, Miami Beach, Florida 33139, v.ww.miamibeachil.gov, 305-673-7490 ADDENDUM NO. 1 INVITATION TO BID NO. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS July 3, 2018 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Wednesday, July 11, 2018, at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3`° Floor Miami Beach, Florida 33139 Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. II. ATTACHMENT(S): 1. Exhibit A- Chair Style Selection III. MODIFICATION (S): 1. Appendix C, Minimum Requirements &Specifications has been modified as follows: • 2" High Density Velcro Strap Chair Cushion o Description: • 2' Extra Thick High Density Foam Chiavari Chair Cushion • Double Piping • Double Stitching • Material: Polycstor Fabric • Color:White-Ivory IV. RESPONSES TO QUESTIONS RECEIVED: Q1. Would this contract be fulfilled as a single order of approximately 5000 Chiavari chairs and pads, or is it expected that there would be multiple orders totaling close to 5000 units? Al. Yes, the intent is for a contract to be fulfilled as a single order of all chairs and cushions. Q2. Is the last awarded price available? A2. There is no previous contract awarded for these items. 1 ADDENDUM NO.1 INVITATION TO BID(ITB)NO.2018-318-ZD PURCHASE.DELIVERY,AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS Q3. Should we install the chairs? A3. No, the chairs do not need to be installed but they do need to be assembled. Q4. Are there any packing requirements for the chairs? A4. No; however, the chairs need to be protected for possible damage during shipment. 05. There are 2 back chair styles for this chair- is there a preference? A5. Please refer to Exhibit A for the chair style selected. 06. Please clarify if the chair cushion is to be vinyl or fabric? Is it to be black, ivory, or white? A6. Please refer to modification 1 above. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadorar)miamibeachfl.gov Contact: Telephone: Email: Zuleika Davidson 305-673-7000 ext. 6943 zuleikadavidsonrn)miamibeach0.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s)for not submitting a proposal. Since r dirop Alex a- Pro • ement Director 2 I ADDD .1 INVITATIONENUM TONOBID(ITB)NO.2018-318-ZD PURCHASE,DELIVERY,AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS Exhibit A 3 ADDENDUM NO.1 INVITATION TO BID(ITB)N0.2018-318-ZD PURCHASE,DELIVERY,AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS as NI \ \..\ '4\ .:\ '' • ,, ,, ii t ,,..i, ir.�t p 4, - , . . .„ „), ,..„1„, .,,,, G ,' , „„,.., a, tritraps- � C t ics t. k ki 4 ADDENDUM NO.I INVITATION TO BID(ITB)NO.2018-318-ZD PURCHASE,DELIVERY,AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS INVITATION TO BID . ( ITB ) PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS 2018-318-ZD BID ISSUANCE DATE: JUNE 22, 2018 BID DUE: JULY 9, 2018 @ 3:00 PM ET ISSUED BY: ZULEIKA DAVIDSON MIAMI BEACH ZULEIKA DAVIDSON, CONTRACTING OFFICER I PROCUREMENT DEPARTMENT 1755 MERIDIAN AVE, 3RD FLOOR, Miami Beach, FL 33139 305.673.7000 x 6943 I www.miamibeachfl.gov 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 PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO BID" FORM 23 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 25 APPENDIX D SPECIAL CONDITIONS 27 APPENDIX E COST PROPOSAL FORM 30 APPENDIX F INSURANCE REQUIREMENTS 32 ITB 2018-318-ZD 2 '.' • BEACH SECTION 0200 INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS 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"vendor[s]") if this ITB results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach is seeking bids from qualified bidders for the purchase, delivery, and assembly of approximately 5,000 clear resin chiavari style chairs and accompanying velcro strap cushions to be utilized at the Miami Beach Convention Center during formal events. The specifications are further detailed herein and, specifically, in Appendix C. 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: ITB Issued June 22, 2018 Deadline for Receipt of Questions June 29, 2018 at 3:00PM ET Responses Due July 9, 2018 at 3:00PM ET 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: Zuleika Davidson 305.673.7000 x 6943 zuleikadavidsonOmiamibeachfl.gov additionally, the City Clerk is to be co•ied on all communications via e-mail at: ri or via facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. ITB 2018-318-ZD 3 4. INTENTIONALLY OMMITTED. 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(tmiamibeachff.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:llwww.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • 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 2449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ITB 2018-318-ZD 4 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. JOINT VENTURES. Joint Ventures are not allowed. The City will only contract with the prime contractor. Proposals may, however, identify other sub-contractors or sub-consultants to the prime contractor. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified,without delay or interference. • The character, integrity, reputation,judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 15. MULTIPLE AWARD. The City may award 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 ITB 2018-318-ZD 5 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. 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"Altemate 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. ITB 2018-318-ZD 6 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. 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. ITB 2018-318-ZD 7 30. COLLUSION. Where two (2)or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. 'Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 4:00 P.M. 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges (For example, 12-14 days)will be accepted. 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source ITB 2018-318-ZD 8 of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 36. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C. The Bid; then D. The bidder's bid in response to the Bid. In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 37. NOT USED. 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 ITB 2018-318-ZD 9 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 nonresponsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 44. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. • 47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys 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 ITB 2018-318-ZD 10 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 items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 52. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 53. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 54. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 55. MODIFICATION/WITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. ITS 2018-318-ZD 11 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 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 fumished within (30) days after bid opening. All samples will be disposed of after thirty (30)days. Each individual sample must be labeled with the ITB 2018-318-ZD 12 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 bidders expense. 68. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program:A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable "cure period" for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 71. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is ITB 2018-318-ZD 13 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. ADDITIONAL ITEMS / SERVICES.Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and 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 the additional items. If these quote(s) are determined to be fair and reasonable, then the additional items will be awarded to the current contract vendor(s) through either a Purchase Order (or Change Order if Purchase Order already exists) or an amendment to the Contract. Additional items with a cumulative value of$50,000 or less may be approved by the City Manager. City Commission approval is required for additional items with a cumulative value greater than$50,000. 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 2018-318-ZD 14 BEACH SECTION 0300 BID SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally,five (5) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within two (2) business days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. Bid Proposals are to be delivered to the following address: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive. All corrections on the Cost Proposal Form shall be initialed. FAILURE TO SUBMIT THE MOST RECENT BID PROPOSAL FORM (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) FULLY EXECUTED MAY RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 2 - Bid Certification, Questionnaire and Affidavits (Appendix A). FAILURE TO SUBMIT APPENDIX A WITH THE BID, ON OR BEFORE THE DUE DATE FOR RECEIPT OF BIDS, WILL RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 3 -Submit, two (2) complete sets of product information sheets (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures) for all products included in A. 'endix E. FAILURE TO SUBMIT THE REQUESTED DOCUMENTATION FOR TAB 4, WITH THE BID OR UPON TWO (2) BUSINESS DAYS OF REQUEST BY THE CITY, MAY RESULT IN THE BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED The City reserves the right to request any documentation omitted, with exception of the Cost Proposal Form (Appendix E), Proposal Certification, Questionnaire & Requirements Affidavit(Appendix A), and Bid Bond (if applicable). Bid Submittals received that do not include the Cost Proposal Form, completed as required and fully executed, or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any omitted documentation within two (2) business days upon request from the City or the bid may be deemed non-responsive. Non-responsive bid packages will receive no further consideration. 3. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2018-318-ZD 15 APPENDIX A MIAMI BEACH Proposal Certification , Questionnaire & Requirements Affidavit ITB No. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-318-ZD 16 _• ,. ' . BEACH Solicitation No: Solicitation Title: 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS Procurement Contact- Tel: Email: Zuleika Davidson (305)673-7000 x 6943 zuleikadavidson@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed with the bid, on or before the due date and time for receipt of bids. 1. General Proposer Information. FIRM NAME:AORIC or echencE lvyjE elef2RS NO OF YEARS IN BUSINESS: NO OF YEARS IN BUSINESS NO.OF EMPLOYEES: LOCALLY: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: N/FIRM PRIMARY ADRESS(HEADQUARTERS): 2&441 Nyu 2N() 4tIE .� s 93[u Rtrfih1r1 -t.r 13,47 j)c- CITY M,Am1 CrA KUZ/FS STATE: l`G R I D ZIP CODE: 3 3 //c C/ TELEPHONE NO 305 72.5 3100 ar q5H 266 3/yl TOLL FREE NO: FAX NO.: 3,5 5/1 /3/o FIRM LOCAL ADDRESS'. a0uo/ N w 2a/o Auk' .1 sre 0 CITY. m/ Rm1 aCe1s STATE r- L ZIP CODE: 3/‘ 4 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT �F< C./2 m-6'hC S ACCOUNT REP TELEPHONE NO.: q5.4 3 3_6 3/ l ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: �f /� ri7 ,/r c GZmc? 5 CO a-IPrYC c0--ie CUM FEDERAL TAX IDENTIFICATION NO: 6.5 cq4 .28.1-1 / 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 2018-318-ZD 17 1. Veteran Owned Business. Is Pro oser claiming a veteran owned business status? ES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving tat firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at: https:llsupplierportal.dn h.comlwebapp/wcslstoreslseryletlSupplierPortal?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 often(10%)percent or more in the Proposer entity or any of its affiliates. 4. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name., 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 5. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? YES NOV SUBMITTAL REQUIREMENT: If answer to above is "YES" Proposer shall submit a statement detailing the reasons that led to adonis). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics.Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request.The Code shall,at a minimum,require the Proposer,to comply with all applicable governmental rules and regulations including,among others,the conflict of interest,lobbying and ethics provision of the City of Miami Beach and Miami Dade County ITB 2018-318—ZD 18 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.miamibeachfl.gov/procurement/, 8. Living Wage.Pursuant to Section 2 408 of the Miami Beach City Code,as same may be amended from time to time,Proposers shall be required to pay all employees who provide services pursuant to this Agreement,the hourly living wage rates listed below: • Commencing with City fiscal year 201213(October 1.2012)Effective January 1,2017,the hourly living rate will be $11.62/hr with health benefits,and$13.312/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers(CPI U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,jresolution, 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 matedal 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.miamibeachfl.gov/procuremenU. 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$100000 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 nployees? 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? Y E S N 0V 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 rr Sick Leave • ✓ Family Medical Leave V 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 Benefits requirement is available at htp://www.miamibeachfi.govlcity-hall/procurementlprocurement-related-ordinance-and- procedures/ Ilb 2018-318—ZU 19 ' .• BEACH 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 in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 11. Non-Discrimination. Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code, including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race, color,national origin, religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract resulfing from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies. practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance.Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. 14. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm TRec ipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. ITB 2018-318—ZD 20 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City')for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award,or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relafing to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders, partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials, shall be at the recipient's own dsk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied,as to its content, its accuracy. or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses.At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ITB 2018-318—ZD 21 APPENDIX B M I AM1 BEACH " No Bid " Form ITB No. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd 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 2018-318-ZD 23 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal -Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance -requirements Do not offer this -product/service OTHER. (Please specify) We do do not want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: 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 ATTENTION: Zuleika Davidson ITB No. 2018-318-ZD 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 ITB 2018-318-ZD 24 APPENDIX C MIAMI BEACH Minimum Requirements & Specifications ITB No. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITS 2018-318-ZD 25 Cl. STATEMENT OF WORK AND SPECIFICATIONS. The City may procure approximately 5,000 clear resin chiavari style chairs and accompanying velcro strap cushions to be utilized at the Miami Beach Convention Center with specific requirements, dimensions, and materials of construction as further defined herein, as follows: . Clear Resin Chiavari Style Chair o Description: • Chair frame is made of K-Resin. • No sanding, repainting or staining needed. • The resin chiavari chair has a non-stick, anti-static finish. • Stacks 10 high. • UV treated paint prevents fading and discoloration. • Weight Capacity (static vertical load): 500 lbs. o Dimensions: • Chair Weight: 11 lbs.—Ultra-light, Ultra-Strong Design)Approximately • Chair Height: 36"Approximately • Seat Height: "Approximately • Seat Dimensions: 16"Width x 16" Depth Approximately o Frame: 1 Year Warranty • 2" High Density Velcro Strap Chair Cushion o Description: • 2" Extra Thick High Density Foam Chiavari Chair Cushion • Double Piping • Double Stitching • Material: Polyester • Color: White o Dimensions: • Weight: 1 lbs.Approximately • Overall Height: 2"Approximately • Overall Width: 16"Approximately • Overall Length: 16" Approximately Balance of Page Intentionally Left Blank ITB 2018-318-ZD 26 APPENDIX D MIAMI BEACH Special Conditions ITB No. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-318-ZD 27 1. TERM OF CONTRACT: UPON DELIVERY. This contract shall commence upon the date of the purchase order and shall remain in effect until such time as all items purchased in conjunction with this bid, have been delivered and accepted by the City's authorized representative and upon completion of the expressed and/or implied warranty periods. 2. PACKING SLIPIDELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY. The Successful Bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip/delivery ticket shall be attached to the shipping cadon(s) and shall be made available to the designated Contract Administrator during delivery/pickup. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number, date of order, a complete listing of items being delivered/picked up and back-order quantities and estimated delivery of back- orders, if applicable. 3. METHOD OF PAYMENT. The vendor shall submit an invoice to the City user department(s) that requested the items through a purchase order. The date of the invoices shall not exceed thirty (30) calendar days from the delivery of the items. Under no circumstances shall the invoice be submitted to the City in advance of the delivery and acceptance of the items. In addition the invoice shall reference (or include a copy of) the corresponding delivery ticket number or packing slip number that was signed by an authorized representative of the City user department at the time the items were delivered and accepted. Failure to submit invoices in the prescribed manner will delay payment. 4. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS. The Bidder hereby acknowledges and agrees that all materials/products, except where recycled content is specifically requested, supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to the City by the Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the order and return such materials/products to the Bidder to replace the materials/products at the Bidder's expense. After returned items have been shipped, the bidder shall replace the materials/products within 5 business days. 5. DELIVERY. A specific schedule of deliveries by priority will be given to the vendor upon award. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the vendor(s); except in such cases where the delivery will be delayed due to acts of nature, strikes, or other causes beyond the control of the vendor. In these cases, the vendor shall notify the City of the delays in advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the City. 5.1 DELIVERY REQUIREMENTS. Bidders shall indicate on their response the number of calendar days required to complete the delivery of a complete order. Delays —date of delivery may be extended for a specific period of time when the delay is the result of a natural disaster,war, civil commotion, strike or any other condition beyond the ITB 2018-318-ZD 28 control of the Successful Bidder provided that written notice (via email) and verbal notice (via the telephone) is provided to the Contract Administrator immediately upon knowledge of the delay. The written and verbal notice shall include the estimated delivery time and the reason for the delay. Written approval of the delay must be provided by the Contract Administrator to the Successful Bidder. 6. SHIPPING TERMS: F.O.B DESTINATION. Prices shall include prepaid freight by the bidder to the City's premises specified in the purchase orders which shall be fully assembled to include inside delivery, and shall be F.O.B. Destination. Vendor shall hold title to the goods until such time as they are delivered, and accepted by an authorized City representative. 7. DAMAGED GOODS DURING SHIPMENT. The vendor shall be responsible for filing, processing, and collecting all damage claims against the shipper. 8. INFORMATION AND DESCRIPTIVE LITERATURE. Bidders must furnish all information requested and in the space provided on the Bid Response Form. Furthermore, each bidder offering an equal to the brand(s) specified, excluding the non-substitute items, (or if no brand is specified) must submit with their bid, descriptive literature and/or detailed specifications covering the offered products. Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements shall be rejected. 9. CORRECTING DEFECTS COVERED UNDER WARRANTY. Any deficiency shall be promptly corrected, at no cost to the City, within ten (10) calendar days after the City provides written notification of such deficiency. Failure to honor the warranty and/or failures to correct or replace the defective work or items within the period specified, may result with the City, at its own discretion, after written notification to debar the bidder as a City bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within then (10) calendar days of receipt of the notice. In failing to satisfy the warranty within the period specified in the notice, the City may (a) place the bidder in default of its contract, and/or (b) procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. 10. SAMPLES OF EACH ITEM BID. Since the Bid does not list specified manufacturers and brand names as a standard for product quality, a sample of the item bid may be requested. When requested, samples are to be furnished free of charge to the City and within ten (10) business days of the request. Each individual sample shall be clearly labeled with the bidder's name, bid number, bid title, manufacturer's name and brand name, and style number, if applicable. If the bidder fails to submit the samples, properly labeled, as requested, the City may not consider the bidder's proposal for that item(s).; provided however, that, in the event of a group or aggregate award, the bidder's proposal may not be eligible for that group or in the aggregate as applicable. The City will not be responsible for returning samples. If samples are acceptable, the City shall request an invoice to pay for the sample. If not, the bidder shall make arrangements to have the samples returned to them, at no cost to City. ITB 2018-318-ZD 29 APPENDIX E MIAMI BEACH Cost Proposal Form ITB No. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-318-ZD 30 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 PROPOSALS WILL RESULT IN PROPOSAL BEING DEEMED NON- RESPONSIVE AND BEING REJECTED. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this 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 shall be completed mechanically or, if manually, in ink. Cost Proposal Form completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form shall be initialed. GROUP I:CHAIRS Item Description Estimated Unit Price Extended Price Delivery ARO* Quantity (b) (c) (calendar days) (a) (ax b)= c Clear Resin Chiavari Style Chair- 1 Shipped Assembled 5,000 EACH $ 37. 6 �- $ 118 lCc. A1-6- 90 dQ s TOTAL GROUP 1 $ 118 100. 0 0 GROUP 2:CUSHIONS Item Description Estimated Unit Price Extended Price Delivery ARO* Quantity (b) (c) (calendar days) (a) ( axb)= c 1 Velcro Strap-White 2"Cushion 5,000 EACH $ 3, 0 6 $ IS, 300. a o 45 TOTALGROUP2 $ (S 3o0, 00 *ARO (After Receipt of Purchase Order) SHIPPING TERMS: F.O.B. Destination Prepaid by Bidder. Bidder's Affirmation Company; 4pFtrc e r V PF/ct I'-er 1 /BR S Authorized Representative: DE i. c 2 oew/t5 Address: 53e, 13RowA-ab /3z. v fl Telephone: nf54 2.54, 3 / 14 / Email: 0124 c Rm-d-4 s 12.-6c S* c Authorized Representative's Signature: - _ .�t—g4 a ITB 2018-318-ZD 31 APPENDIX F MIAMI BEACH Insurance Requirements ITB No. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-318-ZD 32 INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability$ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity(Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3.Automobile Liability-$300,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _Builders Risk completed value $ .00 Liquor Liability $ .00 _Fire Legal Liability $ .00 _Protection and Indemnity $ .00 _Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9.The certificate must state the proposal number and title The City of Miami Beach is self-insured.Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2018-318-ZD 33 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) Detail by FEI/EIN Number Page 1 of 2 iski i.org • . Department of State / Division of Corporations / Search Records / Detail ev Document Number Detail by FEI/EIN Number Florida Profit Corporation APRICOT OFFICE INTERIORS, INC. Filing Information Document Number P99000093811 FEI/EIN Number 65-0962841 Date Filed 10/22/1999 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 01/16/2013 Event Effective Date NONE Principal Address 20401 NW 2ND AVENUE 220 MIAMI, FL 33169 Changed:03/18/2016 Mailing Address 20401 NW 2ND AVENUE 220 MIAMI, FL 33169 Changed:03/16/2016 Registered Agent Name&Address C. MARIE BREVITT-SCHOOP, P.A. 20401 NW 2 AVENUE 220 MIAMI FL 33169 Name Changed:04/09/2011 Address Changed:04/09/2011 Officer/Director Detail Name 8 Address Title PD http://search.sunb iz.org/Inquiry/Corporate on Search/S earchResu I tDetai l?inq... 7/23/2018 Detail by FEI/EIN Number Page 2 of 2 BERNARD, BASIL M 113 NIGHTHAWK AVE PLANTATION, FL 33324 Title SD BERNARD, MARLENEA 113 NIGHTHAWK AVE PLANTATION, FL 33324 Annual Reports Report Year Filed Date 2016 03/18/2016 2017 04/20/2017 2018 03/09/2016 Document Images J3/09,2018 ANNUAL REPORT View image in POE format 04,20/2D1' ANNUAL REPORT View image in PDF formal 03/18,2015 ANNUAL REPORT View image in PDF lormal 01312015—ANNUAL REPORT View image in PDF format 03:31 2010 REPORT View image in PDF format 04/002013—ANNUAL REPORT View Image in PDF format 011162013—Amendment View image in POE formal 01116/2013—Ofl/Dir Resignation View image in PDF format 02129:2012—ANNUAL REPORT View image in PDF format 04:09'20'I—ANNUAL REPORT View image in PDF format 05e212010View image in POE format 0004'2010 Reinsatemerl View image n PDF format 01 14/2002—ANNUAL REPORT View image in PDF formal 011242001—ANNUAL REPORT View image in PDF formal 0428:2000—ANNUAL REPORT View image in PDF format 1022/1999—Domestic Profit View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/S earchResultDetai l?inq... 7/23/2018 ITB BID NO. 2018-318-ZD CITY OF MIAMI BEACH A�RICOT APRICOT OFFICE INTERIORS 20401 NW 2"d AVENUE MIAMI GARDENS, FL 33169 INVITATION TO BID ( ITB ) PURCHASE, DELIVERY. AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS 2018-318-ZD BID ISSUANCE DATE: JUNE 22, 2018 BID DUE: JULY 9, 2018 @ 3:00 PM ET ISSUED BY: ZULEIKA DAVIDSON MIAMIBEACH ZULEIKA DAVIDSON, CONTRACTING OFFICER I PROCUREMENT DEPARTMENT 1755 MERIDIAN AVE, 3RD FLOOR, Miami Beach, FL 33139 305.673.7000 x 6943 I www.miamibeachfLgov BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED NIA 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 15 APPENDICES: APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO BID" FORM 23 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 25 APPENDIX D SPECIAL CONDITIONS 27 APPENDIX E COST PROPOSAL FORM 30 APPENDIX F INSURANCE REQUIREMENTS 32 ITB 2018-318-ZD 2 ' BEACH SECTION 0200 INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS 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 "vendor[s]") if this ITB results in an award. The City utilizes PublicPurchase (tivw oubf,cpurchase.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 ITS. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach is seeking bids from qualified bidders for the purchase, delivery, and assembly of approximately 5,000 clear resin chiavari style chairs and accompanying velcro strap cushions to be utilized at the Miami Beach Convention Center during formal events. The specifications are further detailed herein and, specifically, in Appendix C. 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: ITB Issued I June 22, 2018 Deadline for Receipt of Questions June 29. 2018 at 3:00PM ET Responses Due July 9, 2018 at 3:00PM ET 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: I Telephone: Email: 1 Zuleika Davidson 305-673-7000 x 6943 zuleikadavidson anmiamibeachfl.gov dditionally, the City Clerk is t• •- ..i-• •. .11 . m ni . ion vi. --m.'I t :.f.•I r-n..• • miamibeachfl..ov; a via facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. ITB 2018-318--ZD 3 4. INTENTIONALLY OMMITTED. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http:/library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: l-ttp v.°;rw.m:arr t a I;cY"c t/ all'„rocure r!'p ocuremen' relalted-ord:narce-and-prcceduresf • CONE OF SILENCE CITY CODE SECTION 2486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 24853 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2406 • CAMPAIGN CONTRIBUTIONS BY VENDORS... CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUER CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • 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 8 SERVICES CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work,or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ITB 2018-318-ZD 4 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS, The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. JOINT VENTURES. Joint Ventures are not allowed, The City will only contract with the prime contractor. Proposals may, however, identify other sub-contractors or sub-consultants to the prime contractor. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s)and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified,without delay or interference. • The character, integrity, reputation,judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 15. MULTIPLE AWARD. The City may award 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 ITB 2018-318-ZD 5 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 tha! may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the 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 formai, 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. ITS 2018-318-ZD 6 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 alt 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. 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. ITS 2018-318—ZD 7 30. COLLUSION. Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract,or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 4:00 P.M. 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time, no ranges(For example, 12-14 days)will be accepted. 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source ITB 2018-318-ZD 8 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 bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection, 36. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence: then The Bid; then D. The bidder's bid in response to the Bid. In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 37. NOT USED. 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 adicle(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 ITB 2018-318-ZD 9 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. 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 ITB 2018-318-ZD 10 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 items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 52. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. • 53. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations. authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 54. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 55. 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. ITB 2018-318-ZD It 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 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 ITB 2018-318-ZD 12 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, 3'1 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. tt 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. 68. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate. any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may. at its discretion, provide reasonable "cure period" for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 71. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty (30)days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is ITB 2018-318-ZD 13 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.ADDITIONAL ITEMS I SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and 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 the additional items. If these quote(s) are determined to be fair and reasonable, then the additional items will be awarded to the current contract vendor(s) through either a Purchase Order (or Change Order if Purchase Order already exists) or an amendment to the Contract. Additional items with a cumulative value of$50,000 or less may be approved by the City Manager. City Commission approval is required for additional items with a cumulative value greater than$50,000. 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 2018-318-ZD 14 BEACH SECTION 0300 BID SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, five (5) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within two (2) business days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name. Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. Bid Proposals are to be delivered to the following address: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach. Florida 33139 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive. All corrections on the Cost Proposal Form shall be initialed. FAILURE TO SUBMIT THE MOST RECENT BID PROPOSAL FORM (EITHER INCLUDED IN THE ORIGINAL RB OR RELEASED VIA AN ADDENDUM) FULLY EXECUTED MAY RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 2 — Bid Certification, Questionnaire and Affidavits (Appendix A). FAILURE TO SUBMIT APPENDIX A WITH THE BID, ON OR BEFORE THE DUE DATE FOR RECEIPT OF BIDS, WILL RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 3—Submit, two (2) complete sets of product information sheets (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures) for all products included in A. 'endix E. FAILURE TO SUBMIT THE REQUESTED DOCUMENTATION FOR TAB 4, WITH THE BID OR UPON TWO (2) BUSINESS DAYS OF REQUEST BY THE CITY, MAY RESULT IN THE BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. The City reserves the right to request any documentation omitted,with exception of the Cost Proposal Form (Appendix E), Proposal Certification,Questionnaire& Requirements Affidavit(Appendix A), and Bid Bond (if applicable). Bid Submittals received that do not include the Cost Proposal Form, completed as required and fully executed, or Bid Bond (if applicable) shall be deemed non-responsive, Bidder must submit any omitted documentation within two (2) business days upon request from the City, or the bid may be deemed non-responsive. Non-responsive bid packages will receive no further consideration. 3. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2018-318-ZD 15 APPENDIX A M AM BEACH Proposal Certification , Questionnaire & Requirements Affidavit ITB No. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 1113 2018-318-ZD 16 =BEACH Solicitation No. Solicitation Title. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS Procurement Contact Tel'. Emal Zuleika Davidson (305)673-7000 x 6943 nI nae ons ti-.a_. PROPOSAL CERTIFICATION, QUESTIONNAIRE 8, REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness. responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed with the bid, on or before the due date and time for receipt of bids. 1. General Proposer Information. FIRM NAME APR ICoT &PFI Ca /NTi teR5 NO OF YEARS IN BUSINESS. NO OF YEARS IN BUSINESS NO.OF EMPLOYEES LOCALLY I OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARSNSA FIRM PRIMARY ADDRESS(HEADQUARTERS): 20#0/ NW 2ND A✓E• MIAMI Crag-DENS, P& ,35 /49 - CITY: In19ml CTA-12.,D6 r(S STATE ZIP CODE f&in / I) A 33 /6 9 TELEPHONE NO.. 305 525 4700 • TOLL FREE NO.:FAX _ NO.: 305 5/ 7 / 3/‘ - FIRM LOCAL ADDRESS. ao 40 l Nut 2N o , CITY IV)/A-an CrARDE Ns STATER-IDH zlPCoce 33 /47 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT bed, C4.oSMS ACCOUNT REP TELEPHONE NO. 959 as-c, 314 / ACCOUNT REP TOLL FREE NO._ ACCOUNT REP EMAIL1 c'�e/, caa)6/ts � ca,Dl,( C,D'/OS• co FEDERAL TA/IDENTIFICATION NO.: II eatC en 294 / 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 2018-318-ZD 17 1. Veteran Owned Business.Is Proposer claiming a veteran owned business status? -_ YES I ✓J 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 SOR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SOR report from D&B at. https':.'supplierportal.dnb.com/webappiwcsis tores/se ry let SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR.It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun &Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request. 3. Conflict Of Interest All Proposers must disclose. in their Proposal, the name(s) of any officer, director, agent. or immediate family member (spouse, parent, sibling. and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns. either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s)of any officer, director, agent, or immediate family member (spouse, parent,sibling,and child)who is also an employee of the City of Miami Beach, Proposers must also disclose the name of any City employee who owns,either directly or indirectly. an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. 4. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name. 2) Contact Individual Name&Title. 3)Address.4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 5. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violationCr had a contract cancelled due to non-performance b an public sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is"YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities(including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics.Pursuant to City Resolution No.2000.23879,each person or entity that seeks to do Business with the City shall adopt a Code of Business Ethics("Code')and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request. The Code shall,at a minimum,require the Proposerto 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 2018-318-ZD IS 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.miamibeachrl.gov/procurement/. 8. . ..,. •. ..; ; ..; r,..' =:.. .::: . ....: ... __ _ -: F^qs',1 to pay all otpl^yee^W^e re"Cr f^M^30 tlfiren314te tie Ng—a^e^t,t'e kea1y F"'ag wagnrate^ksh-e-b^le'^: year) 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 V 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 fist 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 he eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager. or his designee.Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at f". . 'v- r-c. 1 , , t -hallorocuremertermymieemmeltylsoro nance-or CC ed_r ITB 2018-318—ZD 19 ' BEACH 10 Public Entity Crimes. Section 287.133(2)(a). Florida Statutes. as currently enacted or as amended from time to time. states tat 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 in s. 23'S G for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 11. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code, including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color, national origin,religion,sex,intersexuality,gender identity,sexual orientation, marital or familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi,as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi. nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT:No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016.29375. 13. Fair Chance Requirement.Pursuant to Section 2-376 of the City Code. the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things. (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (in) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position, SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit. Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract,and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. 14. Acknowledgement of Addendum. After issuance of solicitation. the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and ail addendum issued pursuant to solicitation. This Acknowledgement of Addendum section cedifes that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial tc Confirm Initial to Confirm Initial to Confirm Receipt Recelpr Receipt (Y Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. ITB 2018-318—ZD 20 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (he'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 pad of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals. may acceptor reject proposals.and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal. the applicant agrees to deliver such further details. information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including. without limitation, the applicant's affiliates, officers, directors,shareholders.partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipients own risk. Proposers should rely exclusively on their own investigations, interpretations,and analyses.The solicitation is being provided by the City without any warranty cr 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 solicitationthe 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 Government-in-the-Sunshine Law. and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes. until the date and time selected for opening the responses.At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,the Proposer acknowledges and agrees that the City has the dght 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 2018-318—ZD 21 . PR€3POSFR CERTIFICATION .. .. al,._.,c„1tett- f:he t,ins an- con,,.ons of this d net t, Incluse o, this i s etisit axd apse tires, J Tp nc: is of any ttserce xtersed hereto.p pall tre G .I^sure ' props, a ees In De 00...n.- .. :.I y a d aii op„u 'catin.. :snips acs.cortitts contained in the Iv' _ ased cun_xd_ B s uscsisisnd tk a:re lstssng _ x rext it s -t.Jia so.Hlat0 and a ..:s '> .al s l .. .c no dtu tl J e c rxr coispsysthe pPops.sai p Dtctsts and das not .t, Id_: wit pry xts. Propostr or pats In aro other opost Pxopost ack.' el does -I,;c I arc ale of E:Y.C.9 S u,Ghdne a . ?alis x-A_s. daia art ixt.,c ra .4 hs oposs ncl.sive of .coal Ce tc S e7Remittent _ ppr . ate. ,. e anis. u._ a 1•- I T�:P ,� . n... /3RSr 1 /rr . =•ER NAR CN422m 4rJ _--_ • 3-44-y q aw, P- Slat pa t_ORCA ‘ 0r.tis q e C asn y of /1ii4Bny P s i d that atne t pd4SA1....>L - 0 C 'J r ... t e Ira n ay sxsnad .n en,x11. C he sad toPporation ,y att.cit st Its Corr 0t d.rett s and acknoo" geC sat rs m .et to he t cot 1;8 y act asd re 00 Ic'or tea to of _ _ t'i 0,olnlsSSic0 Expires _rt• - ?:p..2 -._ 49z4t, C.MARIE BREVIiFSCHGOP �f• ".. Notary Public-State of Florida �. ,0 Commission p GG 202295 ,,,mhT My Comm.Expires Apr 1,2022 I Bonded through National Notary Ann. I t. 20 12-3-S- � APPENDIX B hA AM I BEACH " No Bid " Form ITB No. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 . , Ceceived': tstio riediff Ex to restYpn to WicifotiofrRtlYttelytty a _ cosmplete artd tbiri tiedSiaf At qa .titfo {emeni o "9 441: prov{a;o * �iiicIfl* olctation. process . =hWn ' 'rinnot being notified;00 8t6 submit a!Slatement dYta "999es. - - 4,.> w . ITB 2018-318-ZD 23 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal _Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service _OTHER. (Please specify) We do _do not want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: City of Miami Beach Procurement Department ATTENTION: Zuleika Davidson ITB No. 2018-318-ZD 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 ITB 2018-318-ZD 24 APPENDIX C MI AM BEACH Minimum Requirements & Specifications ITB No. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-318-ZD 25 Cl.STATEMENT OF WORK AND SPECIFICATIONS. The City may procure approximately 5,000 clear resin chiavari style chairs and accompanying velcro strap cushions to be utilized at the Miami Beach Convention Center with specific requirements, dimensions, and materials of construction as further defined herein, as follows. • Clear Resin Chiavari Style Chair o Descdption: • Chair frame is made of K-Resin. • No sanding, repainting or staining needed. • The resin chiavari chair has a non-stick, anti-static finish. • Stacks 10 high. • UV treated paint prevents fading and discoloration. • Weight Capacity(static vertical load): 500 lbs. o Dimensions: • Chair Weight: 11 lbs. —Ultra-light, Ultra-Strong Design)Approximately • Chair Height: 36"Approximately • Seat Height: "Approximately • Seat Dimensions: 16"Width x 16" Depth Approximately o Frame: 1 Year Warranty • 2" High Density Velcro Strap Chair Cushion c Description: • 2" Extra Thick High Density Foam Chiavari Chair Cushion • Double Piping • Double Stitching • Material: Polyester • Color: White c Dimensions: • Weight: 1 lbs.Approximately • Overall Height: 2"Approximately • Overall Width: 16" Approximately • Overall Length: 16"Approximately Balance of Page Intentionally Left Blank ITB 2018-318-ZD 26 APPENDIX D MI AM BEACH Special Conditions ITB No. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 1TB 2018-318-ZD 27 1. TERM OF CONTRACT: UPON DELIVERY. This contract shall commence upon the date of the purchase order and shall remain in effect until such time as all items purchased in conjunction with this bid, have been delivered and accepted by the City's authorized representative and upon completion of the expressed and/or implied warranty periods. 2. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY. The Successful Bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip/delivery ticket shall be attached to the shipping carton(s) and shall be made available to the designated Contract Administrator during deliveryipickup. The packing slip or delivery ticket shall include, at a minimum. the following information: purchase order number, date of order, a complete listing of items being delivered/picked up and back-order quantities and estimated delivery of back- orders, if applicable. 3. METHOD OF PAYMENT. The vendor shall submit an invoice to the City user department(s) that requested the items through a purchase order. The date of the invoices shall not exceed thirty (30) calendar days from the delivery of the items. Under no circumstances shall the invoice be submitted to the City in advance of the delivery and acceptance of the items. In addition the invoice shall reference (or include a copy of) the corresponding delivery ticket number or packing slip number that was signed by an authorized representative of the City user department at the time the items were delivered and accepted. Failure to submit invoices in the prescribed manner will delay payment. 4. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS. The Bidder hereby acknowledges and agrees that all materials/products, except where recycled content is specifically requested, supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to the City by the Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the order and return such materials/products to the Bidder to replace the materials/products at the Bidder's expense. After returned items have been shipped, the bidder shall replace the materials/products within 5 business days. 5. DELIVERY. A specific schedule of deliveries by priority will be given to the vendor upon award. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the vendor(s); except in such cases where the delivery will be delayed due to acts of nature, strikes, or other causes beyond the control of the vendor. In these cases, the vendor shall notify the City of the delays in advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the City. 5.1 DELIVERY REQUIREMENTS. Bidders shall indicate on their response the number of calendar days required to complete the delivery of a complete order. Delays —date of delivery may be extended for a specific period of time when the delay is the result of a natural disaster, war, civil commotion, strike or any other condition beyond the ITB 2018-318-ZD 28 control of the Successful Bidder provided that written notice (via email) and verbal notice (via the telephone) is provided to the Contract Administrator immediately upon knowledge of the delay. The written and verbal notice shall include the estimated delivery time and the reason for the delay. Written approval of the delay must be provided by the Contract Administrator to the Successful Bidder. 6. SHIPPING TERMS: F.O.B DESTINATION. Prices shall include prepaid freight by the bidder to the City's premises specified in the purchase orders which shall be fully assembled to include inside delivery, and shall be F.O.B. Destination. Vendor shall hold title to the goods until such time as they are delivered, and accepted by an authorized City representative. 7. DAMAGED GOODS DURING SHIPMENT. The vendor shall be responsible for filing. processing, and collecting all damage claims against the shipper. 8. INFORMATION AND DESCRIPTIVE LITERATURE. Bidders must furnish all information requested and in the space provided on the Bid Response Form. Furthermore, each bidder offering an equal to the brand(s) specified, excluding the non-substitute items. (or if no brand is specified) must submit with their bid, descriptive literature and/or detailed specifications covering the offered products. Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements shalt be rejected. 9. CORRECTING DEFECTS COVERED UNDER WARRANTY. Any deficiency shall be promptly corrected, at no cost to the City, within ten (10) calendar days after the City provides written notification of such deficiency. Failure to honor the warranty and/or failures to correct or replace the defective work or items within the period specified, may result with the City, at its own discretion, after written notification to debar the bidder as a City bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within then (10)calendar days of receipt of the notice. In failing to satisfy the warranty within the period specified in the notice, the City may (a) place the bidder in default of its contract. and/or (b) procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. 10. SAMPLES OF EACH ITEM BID. Since the Bid does not list specified manufacturers and brand names as a standard for product quality, a sample of the item bid may be requested. When requested, samples are to be furnished free of charge to the City and within ten (10) business days of the request. Each individual sample shall be clearly labeled with the bidder's name, bid number, bid title, manufacturers name and brand name, and style number. if applicable. If the bidder fails to submit the samples, properly labeled, as requested, the City may not consider the bidders proposal for that item(s).; provided however, that, in the event of a group or aggregate award, the bidder's proposal may not be eligible for that group or in the aggregate as applicable. The City will not be responsible for returning samples. If samples are acceptable, the City shall request an invoice to pay for the sample. If not, the bidder shall make arrangements to have the samples returned to them, at no cost to City. ITB 2018-318-ZD 29 APPENDIX E ^A AM BEACH Cost Proposal Form ITB No. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-318-ZD 30 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 PROPOSALS WILL RESULT IN PROPOSAL BEING DEEMED NON- RESPONSIVE AND BEING REJECTED. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form shall be completed mechanically or, if manually, in ink. Cost Proposal Form completed in pencil shall be deemed non-responsive.All corrections on the Cost Proposal Form shall be initialed. GROUP 7: CHAIRS Rem Description Estimated Unit Price Extended Price Delivery ARO* Quantity (b) (c) (calendar days) (a) (axb)=c Clear Resin Chiavari Style Chair •- 1 Shipped Assembled 5,000 EACH $ 35. ta S f1 Icc.00 3c d. TOTAL GROUPS $ 11? (CO. cD GROUP 2: CUSHIONS Rem Description Estimated Unit Price Extended Price Delivery ARO* Quantity (b) (c) (calendar days) (a) (axb)=c 1 Velcro Strap-White 2"Cushion 5,000 EACH . S 3• C b $ 15r 300- /0 TOTAL GROUP $ 1S 3co , ro *ARO (After Receipt of Purchase Order) SHIPPING TERMS: F.O.B.Destination Prepaid by Bidder. Company: .FVRrcor sLFrcE /HTtt/VRS Authorized Representative: 2E& c R.049/4S Address: 20401 Hui aND Hubs STE. 220_, e% 314,9 Telephone: 954- 254. a/4/ Email: 001, cra2coas @ a los . ce M Authorized Representative's Signature: a-.A • ITB 2018-318-ZD 31 APPENDIX F A,%11ARA BEACH Insurance Requirements ITB No. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-318-ZD 32 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-$300,000 each occurrence -owned/non-owned/hired automobiles included. 4. Excess Liability-$ .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. 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. ITB 2018-318-ZD 33 MIAMI BEACH Procurement Department, 1755 Meridian Avenue, 3w Floor, Miami Beath, Florida 33139, www.mumibeacM9.pov, 305-673-7490 ADDENDUM NO. 1 INVITATION TO BID NO. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS July 3, 2018 , This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). I. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Wednesday, July 11, 2018, at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3`d Floor Miami Beach, Florida 33139 Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. II. ATTACHMENT(S): 1. Exhibit A- Chair Style Selection III. MODIFICATION (S): 1. Appendix C, Minimum Requirements & Specifications has been modified as follows: • 2" Hiqh Density Velcro Strap Chair Cushion o Description: • 2" Extra Thick High Density Foam Chiavari Chair Cushion • Double Piping • Double Stitching • Material: Polyester-Fabric • Color:White-Ivory IV. RESPONSES TO QUESTIONS RECEIVED: 41. Would this contract be fulfilled as a single order of approximately 5000 Chiavari chairs and pads, or is it expected that there would be multiple orders totaling close to 5000 units? Al. Yes, the intent is for a contract to be fulfilled as a single order of all chairs and cushions. 02. Is the last awarded price available? A2. There is no previous contract awarded for these items. 1 ADDENDUM NO.1 INVITATION TO BID(ITB)NO.2018-318-ZD PURCHASE,DELIVERY,AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS 03. Should we install the chairs? A3. No, the chairs do not need to be installed but they do need to be assembled. Q4. Are there any packing requirements for the chairs? A4. No; however, the chairs need to be protected for possible damage during shipment. 05. There are 2 back chair styles for this chair- is there a preference? A5. Please refer to Exhibit A for the chair style selected. 06. Please clarify if the chair cushion is to be vinyl or fabric? Is it to be black, ivory, or white? A6. Please refer to modification 1 above. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranador@miamibeachfl.gov I Contact: I Telephone: Email: '. Zuleika Davidson 1305-673-7000 ext. 6943 zuleikadavidson(&miamibeachfl.gov i Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Sinc-rz, /r ` Alex Ben' Pro . ement Director 2 ADDENDUM NO.1 INVITATION TO BID(ITB)NO.2018-318-ZD PURCHASE,DELIVERY,AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS Exhibit A 3 ADDENDUM NO.1 INVITATION TO BID(ITB)NO.2018-315-2D PURCHASE,DELIVERY,AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS 1 `` ` 1.1 Ili il11 {' �. - ,, kr .;1i C,:'' Y 1 +, II • f7 ) • • .. 4 ADDENDUM NO.1 INVITATION TO BID(ITB)NO.2818-318-7D PURCHASE, DELIVERY,AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS MIAMI BEACH Procurement Department 1755 Meridian Avenue, 3' Floor. Miami Beach, Florida 33139, www.miamlbeachfl.gov, 305-673-7490 ADDENDUM NO. 2 INVITATION TO BID NO. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS July 9, 2018 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITS is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). No further r uestions will be considered,and no further extensions will be made. I. RESPONSES TO QUESTIONS RECEIVED: 01. What are the payment terms for this purchase? Al. Net 30. 02. What is the required delivery schedule? A2. Bidder to state its proposed delivery schedule on Appendix E, Cost Proposal Form, page 31 of the ITB. If additional room is required, attach a separate page for the delivery scheduled proposed. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(Thmiamibeachfl.gov Contact: Telephone: Email: Zuleika Davidson 305-673-7000 ext. 6943 zuleikadavidsonga miamibeachfl.dov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bidders" questionnaire with the reason(s)for not submitting a proposal. Since/el / - Alex Deni r `� I.- Ppocureme t Director 1 ADDENDUM NO.2 INVITATION TO BID(ITB)NO.2016-313-ZD PURCHASE,DELIVERY,AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS BH-ICE-CRYSTAL-GG • I .I BH-ICE-CRYSTAL-GG SKU: BH4CE-CRYSTAL-GG i 1 Flash Elegance Crystal Ice Stacking Cniavan Chair i1 II ICatalog Number 1144-18 II I 4I ?4- 1 ? i ._ C �I� i _ , r"10 ^l_- C.s _l ,, 1 1.A A iii P ,,C 20401 NW 2nd AVENUE SUITE 220 MIAMI GARDENS,FL 33169 The Procurement Department is currently reviewing your bid submittal pursuant to INVITATION TO BID (ITB) 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS Appendix A of the ITB specifically Item# 3-4, and 6-7 indicate the following requirements: 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. NONE 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. NONE 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: I) Firm Name, 2) Contact Individual Name & Title, 3) Address,4) Telephone, 5)Contact's Email and 6)Narrative on Scope of Services Provided. SEE ATTACHMENT Cy� 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. NONE 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. MARLENE BERNARD - NO CONTRIBUTION TO THE MAYOR OR CITY COMMISSIONER FOR THE CITY OF MIAMI BEACH 7. Code of Business Ethics.Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including,among others,the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business 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.mianibeachfl.gov/procurement/. 4. REFERENCES& PAST PERFORMANCE 1. NRCH HILLSBOROUGH—MARTHA BAUER;994-357-5647; mbauer@broward.org-Install and reconfiguration of cubicles,case goods and workstations. 2. HOUSING OPERATIONS& FACILITIES, FIU; NORA VILLEGAS; 305-234-4505; nsvillegas@miami.edu—Install casegoods and workstations 3. Internal Services Department; Internal Services Department/Design Services Division—Design Services Section—Monica Viener; 305-375-2440;stella.viener@miamidade.gov; -Install casegoods and workstations. 2- 1119/11113,-, a�� ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F MIAMI BEACH Insurance Requirements ITB No. 2018-318-ZD PURCHASE, DELIVERY, AND ASSEMBLY OF CLEAR RESIN CHIAVARI STYLE CHAIRS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-318-ZD 32 • 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- $300,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability-$ .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: valubeuilders Risk completed $ .00 Liquor Liability $ AO hire Legal Liability $ .00 InderRMN$ction and $ .00 Bonc£mployee Dishonesty $ .00 Other $ .00 XXX 7. Thirty(30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured.Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2018-318-ZD 33