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Certification of Contract with AAA Automated Door Repair, Inc.
G MIAMIBEACH CaE CITY OF MIAMI BEACH /a/ii /a3 CERTIFICATION OF CONTRACT TITLE: For Door Related Repair, Replacement, and Preventive Maintenance. CONTRACT NO.: ITB 2018-028-ND EFFECTIVE DATE(S): This Contract shall remain in effect for a period of three (3) years from date of execution by the Mayor and City Clerk of the City of Miami Beach, and may be extended at the sole discretion of the City, through its City Manager, for two (2)additional (1) year terms. SUPERSEDES: CONTRACTOR(S): AAA Automated Door Repair, Inc. (Groups 1,5 and 6 as Primary Vendor and Group 2 as Secondary Vendor) ESTIMATED CONTRACT AMOUNT: NA A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida ( City"), on October 17, 2018, approving the award of this Contract, and upon execution thereof by the City and AAA Automated Door Repair, Inc., a Florida corporation (the "Contractor"). B. EFFECT - This Contract is entered into to provide for Door Related Repair, Replacement, and Preventive Maintenance to City Invitation to Bid No. ITB 2018-028- ND 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 2018-028-ND. 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, Martha Torres/Procurement Coordinator, Property Management Department at 305-673-7000 ext. 2999. 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-2018-028-ND Door Related Repair, Replacement and Preventative Maintenance Page 1 Page 2 Certification of Contract any portion of work and/or services required by the Contract Documents without the prior written consent of the City. Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractors 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-2018-028-ND Door Related Repair, Replacement and Preventative Maintenance 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: Martha Torres City of Miami Beach Property Management 1833 Bay Road 2nd Floor Miami Beach, Florida 33139 Phone:305-673-7000 ext. 2999 Email: marthatorres(a)miamibeachfl.gov With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: AAA Automated Door Repair Inc 21211 NE 25 Court Miami, FL. 33180 Attn: Adolfo Perez Phone: 786-290-7885 E-mail: aaadootmsn.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-2018-028-ND Door Related Repair, Replacement and Preventative Maintenance 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 lie in Miami-Dade County, Florida. BY ENTERING INTO THIS CONTRACT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF THE CONTRACT AND/OR THE CONTRACT DOCUMENTS. CONTRACTOR, SHALL SPECIFICALLY BIND ALL SUBCONTRACTORS TO THE PROVISIONS OF THIS CONTRACT AND THE CONTRACT DOCUMENTS. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (H) the ITB; and /or (Hi) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. R. Contractor shall have no entitlement to perform any services hereunder, or to be compensated for any services, unless set forth in a written Purchase Order. 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 $50,000. ITB-2018-028-ND Door Related Repair, Replacement and Preventative Maintenance Page 4 Page 5 Certification of Contract IN WITNESS WHEREOF the City and Contractor/ have caused this Certification of Contract to be signed and attested on this la day of 1st .4,r,, 20 W, by their respective duly authorized representatives. AAA AUTOMATED DOOR REPAIR INC CITY OF MIAMI BEACH By - B esident/ Signature Mayor Rif E.D fx Print Name 7,ATTEST::fft�pp//// ATTEST: ecret / Signature Rafael . Gran o, City Clerk Print Name /Ay .......... .•_. ... may$ `� Date r_� 'O l (� v _. /fay )11- f * ',.. OPPOORrTED _3 Dae r ;2j 'ti 9; : ',7 .RCE-f ley, APPROVED AS TO .....,,_ FORM &LANGUAGE &FOR EXECUTION (JLDi9,.(— (b _ 11 -(S City Attorney g3Ae Date ITB-2018-028-ND Door Related Repair, Replacement and Preventative Maintenance Page 5 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Coversheet Page I of 2 Competitive Bid Reports-02 E MIAMI BEACH COMMISSION MEMORANDUM T0' Honorable Mayor and Members of!he City Commission FROM. Jimmy L Morales,City Manager DATE: October 17,2018 SUBJECT. REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID(ITB)No.2018-028-ND DOOR RELATED REPAIR.REPLACEMENT,AND PREVENTIVE MAINTENANCE. 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 bids received, pursuant to ITB 2018-028-ND, Door Related Repair. Replacement, and Preventive Maintenance. ANALYSIS For approximately five years, the City of Miami Beach has had an agreement for various types of door related repair and replacement services. In order to establish a replacement contract, the City issued an Invitation to Bid 2018-023-ND (the "ITB"). The purpose of the ITB is to establish a contact, by means of sealed bids, with a qualified door contractor(s) to provide various routine door services on a time and materials basis, including parts, labor, materials. equipment, and supervision on an "as needed' basis, including emergency repairs. The ITB also seeks to establish a pool of prequalified vendors for large or other planned projects. ITS PROCESS ITB No. 2018-028-ND was issued on June 1, 2018,with bid opening date of June 27, 2018. One(1)addendum was issued.The Procurement Department issued bid notices to 95 companies utilizing www.publicpurchase.com website. 31 prospective bidders accessed the advertised solicitation.The notices resulted in the receipt of three(3)responses from:AAA Automated Door Repair, Inc., Best Garage Doors, Inc., and Master Door Corporation. See Attachment A for a tabulation of bids received. The ITB stated that the lowest responsive, responsible bidder meeting all terms,conditions,and specifications of the ITB will be recommended for award. Based on the bids received and the responsiveness of each bidder to the ITB requirements, the lowest bidder and second lowest bidder for each group is identified in the table below. Group Lowest Bidder Second Lowest Bidder 1 MA Automated Door Repair Master Door Corp. 2 Best Garage Door AAA Automated Door Repair 3 AMA ' a'^9 B^ u _,fi1 N/A 4 •AAAWew 9-BeerRepa; I N/A 6 AAA Automated Door Repair N/A 6 AAA Automated Door Repair N/A 7 P^4 N4wa1^98 . n.8, " N/A 'The bid submitted by AAA Automated Door Repair was found non-responsive for its failure to meet the Miami-Dade County License Requirement. Below is summary information provided by each bidder. AAA Automated Door Repair, Inc. has provided door related services to Miami Dade and Broward County for approximately 30 years. AAA specializes in international sales and installations and its products and services are provided to condominiums. hospitals, and other entities. AAA has worked with the City of Miami Beach since 1986. To date the City is satisfied with the services being provided. Best Garage Doors, Inc. was incorporated in Miami Dade County in 1983 Since then, Best Garage has been servicing and installing doors for various governmental institutions including but not limited to Miami-Dade County, Homestead Air Force. Broward County. City of Hialeah,City of Coral Gables,and City of Oakland Park.Since 2012 Best Garage is the incumbent on the City's current contract currently providing door related repair and replacement services. Master Door Corporation,located in Miami, Florida, has been registered in the state of Florida as a profit corporation since May of 1994. Master Docr has worked with the City of Miami Beach since 2007. To date the City is satisfied with the services being provided. CONCLUSION After considering stars recommendation and the bids received. pursuant to ITB 2018-028-ND, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida. approve the award of a contract to. MA Automated Door Repair, Inc.. for Groups 1, 5 and 6,as primary vendor,and Group 2,as secondary vendor,and to Best Garage Doors. Inc., for Group 2, as primary https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=9072&Me... 10/12/2018 Coversheet Page 2 of 2 vendor;and Master Door Corp., for Group 1,as secondary vendor; and further authorize the Mayor and City Clerk to execute the contracts. KEY INTENDED OUTCOMES SUPPORTED Build And Main:ain Priority Infrastructure With Full Accountability FINANCIAL INFORMATION The cast associated with door related repair, replacement, and preventive maintenance services is subject to the funds availability approved through the City's budgeting process. Legislative Tracking Property ManagemenL'Procurement ATTACHMENTS: Description 0 A,a&ne^'A https://miamibeach.nowsagenda.comiaeendapubfic/CoverSheet.aspx?ItemID=9072&Me... 10.2/2018 ATTACHMENT A ITB 2013VS3-NO IAAA Automated anInc. I wnoranen I Set Game.o4nn,lm GROUP I Tont PRO MA2MaTERIAL Tonl Total item Description Quantity UIM unit gnat lou nury rc wn C sa Um<fn st IIQ. ntit xynit_Coatl Unit Cat ICuanury_X Unit m_ iJ staLIRMENTMARTIMO OEPRCE 13 Hoon tate Non Iequa poem r _ 533 3000 3500:0 N No am No 3'3 Enlmaetl4 al G .M0 00 NO Bid NO MOm •ts (DELImwm IDr (Esti IEnnm'ted Al,rnuat It Cott) Man t X%Mark up) MaM1 t. TS Ma M-upl Cost_X_%Mark-apl IC Tor Mos age Moe es 545.300 59000.30 59 30010 No 5,5 SUBMOTAL.PARTs EciummoN us m.3 53 5300DU0No aid GRANO TOTAL(ITEMS 54E 75050 561 360 00 No 3,0 IAAP AutomatedDoor II emir.Ian. Caton It gest Garage Doors.Inc GRCRIP TIME AND MATERIAL BAGS a POIM-OPMARAGE DOORS 20Tal Total Total Ie qo 3500 aeon Dua nen 1213.11213.1unn 2RsiIQ,a oar nn s n O23M) UIImt2253 ma t_Cunr 12322232T 22"COrl 325%1IMIEMM 2"23 INC SERVICE Z4 hotrly gate Regular a „tar Sal 213 o 3, 555,30 527 000 50 iq „gm.3e¢ .No i0Caa $9Sa No suomoyegegepop got eon„ Ne „Goo 30 etareatep Annyai Goma Net 0„t Total goat Teta omt Coats!Dealer Invoice Meals Inmate {En ennui) IEn It Detriment m% Man M%%Man.n Mark ost%_%Matknips anCost.X.% arknal 3C Isr Pans and%tames 153,000 511 Dix JOe3leNo NMss.xnm MMOTOTka-331325%MUMMER 111.320 00 No 331 59.DC0.00 GRAND 10321.)123M5 303121 342 320 00 No 311 546.100 IAAA Automated Door an oratmn I Sem Game=Doom,Inc. %NOD° TIME 4N0 MATERIAL NXIC"STORMIONT DOORS Total Total _ Total xtem DecHilten Quantity U/M me 00030000HunitCntl Cast Ann._ ortl w,.Colt Meant EOUmMENT.St ARTS AND SERVICE ah ; ; .o:° . Hamm Race su. ,.4OT ; Na , No 3id NaN IT32013.023-NO Esttso�ery , invoice ATTACHMENT A oss Net Cost C ltern Description tl %Mark-up Cos AC Mark-poi %Mark-up Case N:4 Mark.aol Cost_a_%Mat Gaol us o,Pons sed Suaane, 53060 _ am o , aLIvmu „o No 3 No 35 GRAND TOTAL ne, sl _ ..ora .,.as IAAA Automated Deer Repair.Inc. Master Door Casten-anon I Best Garage Coo,,,Inc. GROUP 4 TIME AND MATERIAL OASIS-FOLDING 100R$ r5L: Total Total Mem 0.,.,,m:on Quantity wM Unit Cost .an n . Cost Qa•an_xnUM_Unit Co, UCe„ Muanarv_x_unit Cost: EQUIPMENT.PARTS AND SERVICEa 4AI- a o 6.d No ad No Bel No lad SUB.TOTALCAGO ' ter Na No End Total Cast Estimated Annual DealerIn,aa n (E, No_Yu (EsAnnualtimated and YMaM1ul 4Na,Ypl n }Manoyl AomnasCat Mars-No pc nor Psis and Suacres S5 900 5.FdarPall No 3A No 55 SUB-TCloaL-PARTS ECILIPMEN 25Na, No Ad No 35 GRAND TD'AL?ITEMS a-AC 5A-5-66,51 Na No ad 00, a,oeraann a.st Ga at Doors, tal ul Total eters 0e,nv„on Quartile u,M OM East IQ5ln,lq?. C,aP IQoa JIII)*X -Corel Inn Can IQUIMnv_,U „Co.p EQU:PMEn..ARTSANDSERV TT, ,. datePoore tate S63W i0C No 35 No sa Hours Rote-Non Pogo's( SO Hourly Rate 595 10 34 tiC 10 No 5:d Da alf No 3 No Ad SULTDIALIALIO ill 231 00 No Id No 95 Estimated Anneal Gross Net Cast Total Cast Total Cost Costs(Dealer invoice [De a (Estimated (animated a ad ,lMY ,t _C%Marksni. Y fo„ar,a.e auraea SI5DDO 530N.M No 3:0 No ad ATTACHMENT Iib 201£028.AO IAAA Autam I ma yte Door Corporation I Rest Garage odor,In.. GROUP 5 npRE AND MATZRIAL 83515 OtORIZED AND NON-MOTORIZED GATES Total WA Total Item 01161610wOmolte 161U6URAua MG n Cost 'Quantlry�5unit coo unit cost (Q avow x Unit Conl EQUIPMENT.p ors AND SERVICE 6 55 220 30 No 5.d No Rid RA No Oa 5e xo, vaz na a•4'uA Asc395000 Hp ad NO 5id NO.1 n 51115-TOTAL-LABO 56 1:67.5C No 3 d No 3.6 RESarnated Annual G5033 Net Cast Total Con Na Total Celt Costs(Dealer!mope (Estimated Annual lEstimated Annual !ternDescription Coiel MVY , x arYuol Cost j3_54 Mack-an] arY st_x%Mad ual SC brPN-Ts 3no Soothes 510.000 BM No me EQUIPMEN o sue-TOTAL•P on o Rio NO GRANO O,rt DIEMS on Sd 15000 NO Rd NO 3.d IncI &AA Au Wm a ted Oder Ra Rap- Door Capporappr I (kit Garage Don,,.Me, GROUP nmr AND MATERIA5 RA5.5 RINGED GLASS DOORS TOtal Total Item Oesen o POP Ona non ti wx Co lQu, , n G Ca, Oy aam�t . Cstl unit cost (Quantity rX Total Cost) EQUIPMENT P SERVICE ;AB Hoorvaaue-R.e I,la, �n.1 ri n _ S31 o S o0nC0 Sc C0 sue.rorAL-uuo “4,14.1/4,14 si 5510 00 Na Annuad 41051 Net Cost Total Cost Total Cost Estimated (Dialer Intoe (Dealeru (Est Annual ‘Estimated Annual It costs ,tv}Mark ol sty%MaWol an sLY_x Marknol AuminiGrat 663.61(630 IC to Palm Rita Run uaS15 ODO HavJe 53010 00 RR Sid a EQUIPMEx 44-450664 53.500 JO No UP ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS M I /�/-1 A�/ I QuE ACProcurement Department / L�j � 1755 Meridian Ave, 3'd Floor, Miami Beach, Florida 33139 www.mlamiheachf.gov ADDENDUM NO, 1 IPP/ITATION TO BID NO. 2018-028-ND DOOR RELATED REPAIR, REPLACEMENT,AND PREVENTIVE MAINTENANCE(the ITB) June 20, 2018 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The TB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. RESPONSES TO QUESTIONS RECEIVED. Cl: Does a state license Building Contractor meet your minimum requirements for this project? Al: A state Building Contractor license does not meet the minimum requirements. 02: Which portions of the work does the City's living wage requirement apply to? A2: The City's living wage requirement shall only apply to recurring routine maintenance. 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 Clerks Office at RafaelGranado@miamlbeacbfgov Contact: Telephone: Email: Natalia Delgado 305-673-7000 ext.6263 nataliadelgadoer miamibeachtlacv I Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the TB are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s)for not submitting a proposal. ce--Iy, An. lex D' $ Proc - ent Director • • • ITB No. 2018-028-ND Addendum k1 6120;2018 INVITATION TO BID ( ITB ) DOOR RELATED REPAIR, REPLACEMENT, AND PREVENTIVE MAINTENANCE 2018-028-ND BID ISSUANCE DATE: JUNE 1, 2018 BID DUE: JUNE 27, 2018 @ 3:00 PM ISSUED BY: 11 I r, �'\✓^, ! BEACH NATALIA DELGADO, PROCUREMENT CONTRACTING OFFICER I PROCUREMENT DEPARTMENT 1755 Meridian Avenue. 3`d Floor, Miami Beach, FL 33139 305.673.7000 x62631 natafiadelgado@miamibeachfl.gov I www.miamibeachfl.gov ACA TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED NSA 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 30 APPENDIX E COST PROPOSAL FORM 34 APPENDIX F INSURANCE REQUIREMENTS 39 ITB 2018-028-ND 2 SECTION 0200 INSTRUCTIONS TO BIDDERS 1. GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the 'City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Bidders(s) (the`contractor[s]")if this ITB results in an award. The City utilizes PublicPurchase (w,vw.oublicourchase.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. For approximately five year, the City of Miami Beach has had an agreement for various types of door related repair and replacement services. The current agreement for these services has been extended on a on a month-to-month basis. In order to consider a replacement contract, the City is seeking bids from qualified doors contractor(s) to: 1) provide the City with various routine door services on a time and materials basis, including parts, labor, materials, equipment and supervision on an as needed" basis, including emergency repairs; or 2) participate in a pool of prequalified contractors for large or other planned projects, The requirements and specifications are further detailed herein and more specifically in Appendix C. 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: ITB Issued June 1, 2018 Pre-Bid Meeting June 11,2018 @ 9:00 a.m. (ET) Deadline for Receipt of Questions June 18, 2018 Responses Due June 27,2018 @ 3:00 p.m. (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: Natalia Delgado 305-673-7000 x 6263 nataliadelgadoemiamibeachfl.gov dditionally-the City Clerk is to be copied on all communications via e-mail at RafaelGranado(dmiamibeachfl.cov: or via facsimile:T66-3944188. ITS 2018-028-ND 3 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'clarifcations will be sent to all prospective Proposers in the form of an addendum. 5. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936(Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 6. 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. 7. 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, 8. 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: hRoiMAwi.miamibeachlimovlciN- hall/orocurement;orocurement-related-ai dinance-and-orccedurest • CONE OF SILENCE. CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-4857 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2.481 THROUGH 2-496 • CAMPAIGN CONTRIBUTIONS BY VENDORS.. CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 ITB 2018-028-ND 4 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMEST'C PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2A10 • 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 GFTS.FAVORS&SERVICES - CITY CODE SECTION 2A49 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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 ITB 2018-028-ND 5 otherwise expressly provided in the solicitation. 15. 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 ITS 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. 16. MULTIPLE AWARD. The City may award two or more vendors (primary, secondary, tertiary, or higher), as available, by line item, by group or in its entirety, beginning with lowest, responsive, responsible bidder (primary), followed by the second lowest, responsive, responsible bidder (secondary), and continuing with other responsive, responsible bidders in order of next best cost. The city will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 17. 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. 18. 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. 19. 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. 20. 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 ITB 2018-028-ND 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. 21. 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. 22.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). 23. 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. 24. 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. 25. 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. 26. 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. 27. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 28. 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 ITB 2018-028-ND 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. 29. 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. 30. 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, 3b Floor, Miami Beach, FL 33139 with a copy to the City Clerk. 31. 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. 32. 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. 33. 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. 34. 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 ITS 2018-028-ND 8 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. 35. 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. 36. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidders bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidders record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 37. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid,with the latest Addendum taking precedence; then C. The Bid:then D. The bidder's bid in response to the Bid. 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. 38. NOT USED. 39. 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 ITB 2018-028-ND 9 for removing the bidder from the City's bidders list. 40. 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 equipmentlsupplies 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 shah 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, 41. 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. 42. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before,during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a"first priority" under the emergency conditions noted above. 43. 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. 44. 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 wilting, 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. 45. 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. 46. 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 ITB 2018-028-ND 10 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. 47. 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. 48. 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. 49. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify. keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 50. 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. 51. 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. 52. 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. ITB 2018-028-ND 11 53. 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. 54. 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. 55. 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. 56. MOOIFICATIONM ITHDRAWALS 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. 57, 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. 58. 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. 59. 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. 60. 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, ITS 2018-028-ND 12 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. 61. 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. 62. 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). 63. 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. 64. 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. 65. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening.. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Department, 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139. 66. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 67. 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. 68. 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. 69. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 70. 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 ITB 2018-028-ND 13 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 lie 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. 71. 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. 72. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/cr services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty(30)days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 73. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items°), it is hereby agreed and understood that the City 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. ITB 2018-028-ND 14 SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within three (3) calendar days upon request from 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. 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 COST PROPOSAL FORM (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) MAY RESULT IN BID BEING DEEMED NO RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 2- Bid Certification, Questionnaire and Affidavits(Appendix A). 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 three(3) calendar 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 2018-028-ND 15 APPENDIX "A" Z /; ,x j - =1 , / Proposal Certification , Questionnaire & Requirements Affidavit ITB No. 2018-028-ND DOOR RELATED REPAIR, REPLACEMENT, AND PREVENTIVE MAINTENANCE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITS 2018-028-ND 16 —• I Smicllatior ND Solicitation Title: 2018-028-ND Door Related Repair. Replacement and Preventive Maintenance Procurerent Contact. Tel. Email: Natalia Delgado (305)6737000 x 6263 nataliadeleadoeiniamibeach0.gov PROPOSAL CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME. NO.OF YEARS IN BUS.NESS NO.OF YEARS IN BUSINESS LOCALY NO OF EMPLOYEES. OTHER NANIE,S;PROPOSER HAS OPERATED UNDER IN THE LAST'G YEARS. FIRM PRIMARY ADDRESS{HEADQUARTERS 1: CITY: STATE ZIP CODE. TELEPHONE NOr. TOLL FREE NO • FAX NOr. FIRM LOCAL ADDRESS. CITY- STATE. ZIP CODE'. PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE ND. ACCOUNT REP EMAIL'. FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information,applicable licensure, resumes of relevant individuals, client information,financial information,or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. ITS 2018-028-ND 17 1. Veteran Owned Business. Is Proposer claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State cf 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(SOP)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 SOP shall be the responsibility of the Proposer.The Proposer shall request the SOP report from D&B at: https://supofterportal drub.comhebaooNmslstorest'sertlettSuppfrerPortarstareld-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 three(3)days of request. 3. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, Of immediate family member(spouse, parent,sibling, and child) who is also an employee of the City of Miami Beach. Funkier, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer,director,agent, or immediate family member (spouse, parent, sibling, and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. 4. References&Past Performance. Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title.3)Address,4)Telephone.5)Contact's Email and 6)Narrative on Scope of Services Provided. 5. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? 77 YES ( I 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)wit a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics.Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Department with its proposaliresponse 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 httoitmaw mfarrtexb6Amirb-haMhraruenen7oro¢Bement-relatNcriranceand-orocedures1 ITB 2018-028-ND 18 8. Living Wage.Pursuant to Section 2-408 of the City of Miarri Beach Code. as same may be amended from h'me to:ire. covered employees shall be paid the required living wage rates fisted below: 1. Effective January 1, 2018, covered employees must be paid a living wage rate of no less than $11.62 per hour with health care benefits of at least$2.26 per hour,or a living wage rate of no less than$1188 per hour without health care benefits. 2. Effective January 1, 2019, covered employees must be paid a living wage rate of no less than $11.70 per hour with health care benefits of at least$2.74 per hour,or a living wage rate of no less than$14.44 per hour without health care benefits. 3. Effective January 1. 2020, covered employees must be paid a living wage rate of no less than $11.78 per hour with health care benefits of at least$3.22 per houror a living wage rate of no less than$15.00 per hour without health care benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consume Price Index for ail Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,by resolution,elect not to index the living wage rate in any particular year,if it determines it would not be fiscally sound to implement same(in a particular year). Proposers'failure to comply with this provision shall be deemed a material breach unser this proposal, under which the City may,at its sole option. immediately deem said Proposer as non-responsiveand 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 htl^rw'wriaribeachfl.ccvrdiv-Partin^.curerr cttcmccr±cert4elated-criirarce-arid-cracedures/ . SUBMITTAL REQUIREMENT: No additional submittal is required.By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. Any payroll request made by the City during the contract term shall be completed electronically via the City's electronic compliance portal,LCP Tracker(LCPTracker neg. 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 Benefitslor Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach.who are awarded a contact pursuant to competitive proposals, to provide'Equal Benefits"to their employees with domestic partners. as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners'or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave: other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on :his 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 t t',Pawn TarTearhfl coNCPx-bag'crncuremen'icr^p;mm,tori-rented-ortlinarce-enc- ITB 2018-028-ND 19 procedures( 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 cortracibr, 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. 227.07 for CATEGORY IW0 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 fist. - 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,inc:uding the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on racecolor, national origin. religion,sex, Intersexuality,gender identity,sexual orientationmarital 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, Propcser agrees it is and snail remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement.Pursuant to Section 2-373 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 adapted 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 (-Parc 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".he 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 solidtation 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 addenda may result in proposal disqualification. Initial to Cor firm Initial to Confirm Initial to Oortrm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. ITB 2018-028-ND 20 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miarri Beach (the"City")for the recipients convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award, or in failing or refusing to make any award pursuant to such Proposals,or in cancelling awards.or in withdrawing or cancelling :his 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 partyor parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such furter details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, oficers, directors,shareholders,partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any Information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation, express or implied. as to its content.its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solkitatlon, the selection and the award process, or whether any award will to 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 tis solicitation are submitted at the sole risk and responsibility cfthe party submitting such Proposal. This solicitation is made subject to correction of errorsomissions, 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 Cour: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 2018-028-ND 21 PROPOSER CERTIFICATION I hereby certify that: I,as an authorized agent of the Proposer,am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document. inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted, Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposers Authorized,Represertabve: Tre of Proposers Authorized Represerative-. Signature of Proposers ALthD zed Representative: Date. State of ) On this_day of 20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: ITB 2018-028-ND 22 APPENDIX B " No Bid " Form ITB No. 2018-028-ND DOOR RELATED REPAIR, REPLACEMENT, AND PREVENTIVE MAINTENANCE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note_ is rmpotanf tor , thecae vendors vha have received notification of this sSiicdotion 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 haw to improve the solicitafior process. Fcifure to submit a "Statement of No Bid' may result in not being notified of future sol ciiabons by the City. ITB 2018-028-ND 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: NATALIA DELGADO PROPOSAL #2018-028-ND 1755 MERIDIAN AVENUE, 3RD FLOOR MIAMI BEACH, FL 33139 ITB 2018-028-ND 24 APPENDIX C ; 3 1 Minimum Requirements & Specifications ITB No. 2018-028-ND DOOR RELATED REPAIR, REPLACEMENT, AND PREVENTIVE MAINTENANCE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 116 2018-028-ND 25 Cl. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposers that fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. Group 1, 5. 6 1. Prospective bidder must be Miami Dade County Licensed Specialty Building Door Contractor (and maintain same throughout the duration of the contract). Group 2 1. Prospective bidder must be Miami Dade County Licensed Specialty Building Garage and Industrial Door Contractor(and maintain same throughout the duration of the contract). Groups 3, 7 1. Prospective bidder must be Miami Dade County Licensed Specialty Building Glass and Glazing Contractor(and maintain same throughout the duration of the contract). Groups 4 1. Prospective bidder must be Miami Dade County Licensed Specialty Building Glass and Glazing Contractor and Specialty Building Door Contractor (and maintain same throughout the duration of the contract). C2. General Work Requirements. All work shall be performed in accordance with generally accepted industry principles, standard and practices, including but not limited to Miami Dade Building Code and the South Florida Building Code. Prices offered by the successful bidder shall include (but not limited to) all services, labor, parts, tools, equipment, supervision, applicable taxes, profit and overhead as required to complete the work. The City may utilize any award resulting from this ITB to: 1) address or correct various routine door requirements ( on a time and materials basis, including parts, tabor, materials, equipment and supervision, on an "as needed"basis, for emergency and non-emergency repairs; or 2) participate in a pool of prequalified door contractors for planned repairs and projects. The repair and/or replacement services of various types of doors, installed throughout the City's facilities, that may be acquired under the resulting contract include, but are not limited to the following: 1) Repair and/or replacement of Metal doors; 2) Repair and/or replacement*of Roll-up/Garage doors; 3) Repair and/or replacement"of Storefront doors; 4) Repair and/or replacement of Folding doors; 5) Repair and/or replacement*of Wood doors; 6) Repair and//or replacement of Motorized and Non-motorized Gates 7) Repair and/or replacement of Hinged glass doors; 8) Repair and/or replacement Door Frames&Hinges; 9) Adjusting, Repair or replacement of Panic Bar Devices; 10) Adjusting, Repair or replacement of closure devices; 11) Adjusting, Repair or replacement of edge guards; 12) Adjusting, Repair or replacement of door moldings, weather stripping; ITB 2018-028-ND 26 13) Installation of protective panels to door jams/bottom of doors; 14) Installation of floor mount/wall mount door stops/holders; 15) Tagging of doors 16) Installation of door frame weatherstrips; 17) Any other applicable project requiring the services of a door contractor. `All door replacements should follow ENERGY STAR standards: (h�osdtrermenero'R3M9vICCd1 xtalldfro cmduc6lres:denial windows door, and acMxhGieev croduct or'teea) Services listed above shall not be construed to represent any amount which the City shall be obligated to purchase under the contract, or relieve the Bidder of his obligation to fill all orders placed by the City. No bid will be considered which stipulates that the City guarantees to order a specific quantity of any service. C3. Permits. Contractor shall be responsible for attaining permits for any work which requires permits.The City will only reimburse the contractor for the cost of the permits. The City will only reimburse for initial review and one resubmission. Costs associated with additional re-submissions will not be reimbursed. Contractor shall not include permit fees on Bid Form. All licenses required by municipality, governmental agency, or political subdivision shall be obtained by and paid for by the Contractor. Damages, penalties and or fines imposed on the City or the vendor for failure to obtain required licenses, permits or fines shall be borne by the vendor. C4. Roadmap For Projects Awarded On A Time And Materials Basis. The City may award work on a time and materials basis in accordance with Section 0200, Sub-Section 14, and Multiple Award. City departments may request Purchase Orders to be issued to the primary vendor for any group on a time and materials bases (bid hourly plus discounted parts or materials) for a specific request of for a pre-need encumbrance (blanket order). Pursuant to Section 0200, General Condition 14, entitled Multiple Awards, secondary and primary vendors may also be considered. 4:1 WORK DAY. All work to be performed on-site shall be done between the hours of 7:00 AM to 5:00 PM, Monday through Friday. Calls outside of these hours and days will be considered non-regular. 4.2 SCHEDULING/RESPONSE TIME. Response time requirements shall be as follows: 4.2.1 Emergency Repairs/Service. The Contractor is expected to secure or fix the problem within a total of four (4) hours, two (2) hours to return the call and two (2) hours to secure or fix the problem. If the Contractor fails to arrive within two (2) hours of the emergency repair/service request, the Contractor will be found non-responsive. 4.2.2 Non-Emergency or Planned Work. When the Contractor has been notified of work, the Contractor shall arrive at the work site within twenty-four (24) hours from initial contact by an authorized City representative, unless otherwise specified. If the Contractor fails to arrive within the specified time, the Contractor will be found non-responsive. The City reserves the right to terminate this contract after the Contractor is found non-responsive three (3) times within a fiscal year(October 1 st to September 30th). 4.3 ADMINISTRATIVE MARK-UP FOR PARTS For parts and materials ordered under this option, vendors shall provide quotes or invoice, as determined by the Contract Manager, based on the costs of parts and materials plus the agreed to mark-up. In determining cost of materials to which the mark-up may be applied, the contracting officer may: i. require the vendor to provide the actual cost of parts and materials (e.g., contractor's invoice, ITB 208-028-ND 27 MSRP, etc.) prior to the issuance of a Purchase Order or approval of an invoice; or ii. may require the vendor to seek and document competition from its sources for the required parts and materials: or iii. may obtain any data are available from primary cr other secondary sources and use that data in determining a fair and reasonable price. The cost of any ancillary third-party services that are provided by the vendor, with prior approval of the Contract manager, may be determined in the manner prescribed above, 4.4 ESTIMATES. The project/contract manager may require the contractor to provide an estimate prior to the commencement of work. Any actual charges that exceed estimate amount must be pre-approved by the project/contract manager. C5. Roadmap For Projects Awarded Pursuant To Pool Of Prequalified Contractors. In lieu of a time and materials order, the project/contract manager may request quotes from contractors authorized to participate in the Pre-Qualified Bidder Pool for large or other planned projects. Responsive, responsible bidders (awarded or not) are eligible to participate in the Pre-Qualified Bidder Pool, at the discretion of the bidder and as indicated on the Cost Proposal Form at the time of submission. When such work assignments are identified, the contractors may be invited to review the written specifications regarding the work to be accomplished, inspect the work area at the expense of the contractor, and offer a lump sum quote (unless notified otherwise), that shall include all labor, supervision, materials, equipment, and any other items and/or incidentals identified by the City. The Contractor offering the lowest fixed price for the specific effort shall be awarded that specific work assignment. The award of a specific work assignment to one contractor does not preclude other pre-qualified contractors from submitting offers for other work assignments. The cost of any ancillary third-party services that are provided by the contractor, with prior approval of the authorized City representative, may be determined in the manner prescribed above. Contractors shall ensure that proper and sufficient staff, equipment, organization, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. Bidders past performance with the City, if applicable, may be used in the evaluation process in determining recommendation for award. Each quote prepared by the contractor shall include an acceptable description of the nature, extent and character of the work required, as well as performance and delivery schedules. In this case, projects will be awarded on a Lump Sum basis. 5.1 For request for quotes with an estimated cost up to the amount specified in City Procedure P016.02, Threshold Category 1 (currently $10,000 or as amended), the Department may select the vendor deemed to be best qualified. 5.2 For request for quotes with an estimated cost between $10,000.01 and$50,000.00, the amount specified in City Procedure P016.02, Threshold Category 2 (or as amended), the Department shall solicit three quotes. The vendor offering the lowest fixed price shall be awarded the request for quote. The City Manager's approval, along with a justification, is required when the vendor offering the lowest cost is not selected. 5.3 For request for quotes $50,000 or greater, the City Commission's approval is required. City Commission's approval, along with a justification, is also required when the vendor offering the lowest cost is not selected. ITB 2018-028-ND 28 5.4 In determining the lowest and best Contractor for the project, in addition to price, there shall be considered the following: (1) The ability, capacity and skill of the bidder to perform the work. (2) Whether the bidder can perform the work within the time specified, without delay or interference. (3) The quality of performance on previous work. (4) The character, integrity, reputation,judgment, experience and efficiency of the bidder. (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. The City Manager's approval is required when the Contractor offering the lowest cost is not selected. C6. Additional Services for Deferred and Preventative Maintenance. The Property Management Director may request the awarded bidder in each group to inspect each door within a specific group for any deferred maintenance that must be completed to extend the fife of the door; and, provide a report with its findings and recommendations for each door. The Property Management Director may then negotiate with the contractor awarded each group to establish a preventive maintenance program for any door within a specific group. Preventative maintenance services below$50,000 are subject to the approval of the Property Management and Procurement Directors, or the City Manager for preventative maintenance services above $50,000. The preventative maintenance services shall be added to this contract through a Purchase Order(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add these services through a formal amendment to the Contract, to be approved by the City Manager. Balance of Page Intentionally Left Blank ITB 2018-028-ND 29 APPENDIX D J - Special Conditions ITB No. 2018-028-ND DOOR RELATED REPAIR, REPLACEMENT, AND PREVENTIVE MAINTENANCE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-028-ND 30 1. TERM OF CONTRACT. The contract shall remain in effect for three (3) years from date of contract execution by the Mayor and the City Clerk. The City of Miami Beach will have the option to renew the contract at the sole discretion of the City Manager for an additional two (2), one (1) year periods, on a year-to-year basis. Renewal of the contract is a City of Miami Beach prerogative, not a right of the Contractor. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to- month basis and shall not constitute an implied renewal of the contract. Said month-to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six (6)months. 2. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the three (3) year term of this contract; provided however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. 2.1 OPTION TO RENEW WITH PRICE ADJUSTMENT: The contract could be extended for an additional two (2), one (1) year terms, on a year to year basis, at the sole discretion of the City Manager. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on Consumer Price Index increase. Change shall not be more than the percentage increase or decrease in the Consumer price Index CPI-U (all urban areas) computed 60 days prior to the anniversary date of the contract. It is the vendor's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised period, the vendor's request for adjustment should be submitted 60 days prior to expiration of the then current contract term. The vendor adjustment request must clearly substantiate the requested increase. If no adjustment request is received from the vendor, the City will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. 3. METHOD OF PAYMENT. Invoices for payment shall be submitted, no later than three (3) business days after works has been performed, by the technician in the field to the Contracts Manager or a City representative who will verify time and material spent to complete a specific job. No down payments or partial payments will be made. 4. RECORD KEEPING REQUIREMENTS: The successful bidder(s) must provide and maintain logs of all doors repaired and/or replaced and shall provide a detailed monthly report summary of door repairs, replacements, new installations, and dollar amount associated with such. This log and report shall be provided to the City of Miami Beach, Property Management designated Contract Administrator. Copies of reports shall be submitted via electronic copies in PDF format. Complete repair reports shall be submitted with or prior to any invoice for the work performed. The detailed report summary shall include at a minimum the following information: If the repair report is submitted prior to the invoice, the vendor shall reference the PO #, work order #, etc. on the invoice. 1. Purchase Order Reference# ITB 2018-028-ND 31 2. Work Order# 3. Facility Name 8 Address Type of Door: 4. Serial or Tag# 5. Date Repaired, Replaced 6. Remarks to include dollar amount(e.g. repairs or parts replaced) 5. SHIPPING TERMS. Prices shall include freight to City's premises, and shall be F.O.B. Destination. The successful bidder shall hold title to the goods until such time as they are delivered, installed and accepted by an authorized City representative. 6. PURCHASE ORDERS: A purchase order is required for all work. All invoices shall reflect the accurate purchase order number. Failure to do so will result in rejection of invoice. 7. DELIVERY REQUIREMENTS. The successful bidders shall enclose a complete packing slip or deliveryticket with any items to be delivered in conjunction with this bid solicitation. The packing slip shall be attached to the shipping carton(s) which contain the items and shall be made available to the City's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order;work order number and a complete listing of items being delivered. 8. BACK ORDER ALLOWANCES. If the vendor cannot deliver an ordered item in accordance with the scheduled delivery date due to a current existing backorder of that item with the vendor's manufacturer or distributor; the vendor shall ensure that back orders are filled within 21 calendar days from the initial scheduled delivery date for the item. The vendor shall not invoice the City for back ordered items until such back ordered items are delivered and accepted by the City's Authorized Representative. It is understood and agreed that the City may, at its discretion, verbally cancel back orders after the grace period identified in this paragraph has lapsed, seek the items from another vendor, and charge the incumbent vendor under this contract for any directly associated re-procurement costs. If the vendor fails to honor these re-procurement costs, the City may terminate the contract for default. 9. WARRANTY REQUIREMENTS. The contractor warrants the materials supplied and the work performed under this contract conform to warranty materials provided and work performed for one (1) year from date of completion. For new installations, contractor shall additionally provide full manufacturer warranty to the City. In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its product and/or service against faulty labor andior defective material for a minimum period of one (1) year after the date of acceptance of the labor, materials andior equipment by the City. This warranty requirement shall remain in force for the full period identified above; regardless of whether the bidder is under contract with the City at the time of defect. Any payment by the City on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. Correcting Defects Covered under Warranty The contractor shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5) calendar days after the City notifies the bidder of such deficiency in writing. If the contractor fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the contractor, in writing, that the bidder may be debarred as a City bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten (10) calendar days of receipt of the notice. If the ITB 2018-028-ND 32 bidder fails 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 bidder 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. BACKGROUND CHECKS/CONTRACTOR'S PERSONNEL. The Contractor shall conduct a full criminal background check at its own expense on each of its employees engaged in providing services under this ITB or any resulting Agreement prior to the commencement of said services. No contractor employee shall be eligible to perform services, pursuant to this ITB or resulting Agreement if he or she: (1) has been convicted of or was placed in a pre-trial diversion program for any crime involving dishonesty or breach of trust; embezzlement; drug trafficking; forgery; burglary; robbery; theft; perjury: possession of stolen property; identity theft; fraud; money laundering; shoplifting; larceny; falsification of documents and/or (2) has been convicted of any sex, weapons, or violent crime including but not limited to homicide; attempted homicide; rape; child molestation; extortion; terrorism or terrorist threats; kidnapping; assault; battery;and illegal weapon possession, sale or use. The contractor shall defend, indemnify and hold the City, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys fees)or claims for injury or damages arising out of its failure to comply with this requirement. Contractor shall employ personnel competent to perform the work specified herein. The City reserves the right to request the removal of the Contractor's employee's from performing maintenance on the City's grounds where the employee's performance or actions are obviously detrimental to the program. Contractor's personnel must wear photo identification at all times. 11. UNIFORMS.All personnel furnished to the City of Miami Beach must be uniformed. Each employee supplied by the Successful Contractor will wear a uniform bearing the Contractor's name. Uniforms must be provided at the contractor's expense;and may not becharged to the employee or deducted from the employees' paycheck, therefore reducing the hourly pay rate to less than the living wage rate required by this solicitation. 12. PARKING.The Contractor is responsible for any and all Parking Fees, Parking Tickets, and Towing Expenses. The City will not reimburse any fees for towing, parking tickets, or fees. 13. PERMIT COSTS. Permit costs will be charged to the City separately from the unit price and will be reimbursed to the vendor. Proof of cost is required. The City will not reimburse any other fees to obtain the permit. Balance of Page Intentionally Left Blank ITB 2018-028-ND 33 APPENDIX E � I A� + — v l I J Cost Proposal Form ITB No. 2018-028-ND DOOR RELATED REPAIR, REPLACEMENT, AND PREVENTIVE MAINTENANCE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-028-ND 34 • APPENDIX E COST PROPOSAL FORM Failure to submit Appendix E,Cost Proposal Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the cost proposal form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays. taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form (Appendix E)shall be completed mechanically or, if manually. in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E)shall be initialed. It is the intent of the City to pre-qualify vendors as categorized below. Bidders are not required to participate in all categories in order to be considered as part of the pre-qualified pool. Vendors may submit a response for Groups 1 through 7, as applicable. Wewishto be Pm •ualified to .- ein future'nein. cam—;flan forthefaltowin• • •u•• NO Group I-METAL DOORS Group 2-ROLL•UPIGARAGE DOORS Group 3-STOREFRONT DOORS Group 4-FOLDING DOORS Group 5-WOOD DOORS Group 6-MOTORIZED AND NON-MOTORIZED GATES Group 7-HINGED GLASS DOORS GROUPI TIME AND MATERIAL BASIS—METAL DOORS Total Item Description Quantity UI l UnitCost (Quantity_X Unit_Cost) EQUIPMENT,PARTS AND SERVICE Hourly 1A Hourl Rate-Re•ular 300 Rate $ $ Hourly 16 Hourly Rate-Non Re.ular 150 Rate $ $ SUE-TOTAL-LABOR $ EstirnatedAnnual M1tzrk Sup Hottest Gross Casts(Dearer (see Appendix (Dealer Invoice Cost_X_% Item Description Invoice Cost) sectca[a) Mark-up) Administrative Mark-up for Parts and 1C Supplies $45000 % $ SUB-TOTAL-PARTS S EQUIPMENT $ GRANDTOTAL(ITEMS 10-7C) $ ITB 2018-028-ND 35 GROUP 2 TIME AND MATERIAL BASIS-ROLL-UPIGARAGE DOORS Total Item Description Quantity UIM Unit Cast (Quantity_% Unit Cast) EQUIPMENT,PARTS AND SERVICE Hourly 2A Hourly Rate-Regular 450 Rate $ $ Hourly 28 Houd Rate-Non Re.ular 90 Rate $ $ SUB-TOTAL-LABOR $ Estimated Annual %Mark-up Net Cost Gnus Costs(Dealer (see Appendix c (Dealer Invoice Cast_%_% Item Desaiption Invoice Cost; Section 4,3) Mark-up) Administrative Mark-up for Parts and 2C I Supplies $55,000 % $ SUB-TOTAL-PARTS&EQUIPMENT S GRAND TOTAL(ITEMS 2A-2C) $ GROUP 3 TIME AND MATERIAL BASIS-STOREFRONT DOORS Total Item Description Quantity UI d Unit Cost (Quantity X_Unit Cast) EQUIPMENT, PARTS AND SERVICE Hourly 3A Hourl Rate-Re ular 200 Rate $ $ Houdy 38 Hourl Rate-Non Re ular 100 Rate $ $ SUB-TOTAL-LABOR $ Estimated Annual %Mark-up Net Cost Grass Costs(Dealer (SeeAppend%C (Dealer Invoice Item Description Invoice Cost) secfianto) Cast-X_%Mark-up) Administrative Mark-up for Parts and 3C Sup.lies $30.000 % $ SUB-TOTAL-PARTS&EQUIPMENT $ GRAND TOTAL IITEMS 3A-3C) $ GROUP4 TIME AND MATERIAL BASIS-FOLDING DOORS Total Item Description Quantity UFM Unit Cast (Quantity-X-Unit_Cast) EQUIPMENT,PARTS AND SERVICE Hourly 4A Hourl Rate-Re ular 20 Rate $ $ 42 Hourl Rate-Non Re lar atia $ $ SUBTOTAL-LABOR $ ITB 2018-028-ND 36 Estimated Annual %Mark-up Net Cost Gross Costs(Dealer (see Appendixc (Dealer Invoice Cast_X_% kern Description Invoice Cost) semmaal Mark-up) Administrative Mark-up far Parts and 4C 'Supplies $5,000 % I $ SUB-TOTAL-PARTS&EQUIPMENT $ GRAND TOTAL(ITEMS 4%4C1 $ GROUP 5 TIME AND MATERIAL BASIS-WOOD DOORS Total Item Description Quantity U(NT Unit Cost (Quantity-X Unit-Cost) EQUIPMENT.PARTS AND SERVICE Hourly 5A Hourly Rate-Regular 100 Rate $ $ Hourly 5B Hourl Rate-Non Recular 50 Rate $ $ SUB-TOTAL-LABOR $ Estimated Annual %Mark-up Net Cost Gross Costs(Dealer pa,Appniu,c (Dealer Invoice Cast_X_% Item Description invoice Cast) aectionaal Mark-up) Administrative Mark-up for Parts and 5C Supplies $15.000 % $ SUB-TOTAL-PARTS B EQUIPMENT $ GRAND TOTAL(ITEMS 5A-5C) $ GROUP 6 TIME AND MATERIAL BASIS-MOTORIZED AND NON-MOTORIZED GATES Total Item Description Quantity UI M Unit Cost (Quantity_X_UnitCost) EQUIPMENT, PARTS AND SERVICE Hourly 6A Hourly Rate-Regular 80 Rate $ I $ Hourly 68 Hourly Rate-Non Re lar 10 Rate $ $ SUB-TOTAL-LABOR $ Estimated Annual Ya Mark-up Net Cost Gross Costs(Dealer (see Append,c (Dealer Invoice Cost_X-% Item Desorption Invoice Cost) Sectonaal Mark-up) Administrative Mark-up for Parts and i 6C Supplies 510,000 % $ SUB-TOTAL-PARTS&EQUIPMENT $ GRAND TOTAL(ITEMS 6A-6C) $ ITB 2018-028-ND 37 GROUP7 TIME AND MATERIAL BASIS-HINGED GLASS DOORS Total Item Description Quantity U Unit Cost 'Quantity X_Und-Cost) EQUIPMENT,PARTS AND SERVICE Hourly 7A Haurl Rate-Re•ular 100 Rate $ $ Hourly 70 Hour! Rase-Non Re ular 50 Rate $ $ SUB-TOTAL-LABOR $ Estimated Annuala4 Mark- Net Cost Gross Costs(Dealer (See append,C (Deafer Invoice Ccst_X_/ Item Description Invoice Cost) Section/431 Mark-up) Administrative Markup for Parts and 7C Supplies $15.000 % $ SUB-TOTAL-PARTS&EQUIPMENT $ GRAND TOTAL(LIEMS7A-7C) $ Bidder'sA(finnatian Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: Failure to submit Appendix E,Cost Proposal Form,in its entirety and fully executed by the deadline established for the receipt of proposalswill result in proposal being deemed non-responsive and being re ected. ITB 2018-028-ND 38 APPENDIX F ' (— � j Insurance Requirements ITB No. 2018-028-ND DOOR RELATED REPAIR, REPLACEMENT, AND PREVENTIVE MAINTENANCE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-028-ND '39 ' BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1 000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _Builders Risk completed value $ .00 Liquor Liability $ .00 _Fire Legal Liability $ .00 _Protection and Indemnity $ .00 _Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self- insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2018-028-ND 40 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) Detail by FEI/EIN Number Page 1 oft • rlitHfrzipi.org Department of State / Division of Carooranons / Saki aecores / Detail By Document Number/ Detail by FEI/EIN Number Florida Profit Corporation AAA AUTOMATED DOOR REPAIR, INC. Filing Information Document Number K52377 FEI/EIN Number 65-0098548 Date Filed 12/12/1988 State FL Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 10/22/2009 Event Effective Date NONE Principal Address %ADOLFO PEREZ 21211 N.E. 25TH COURT MIAMI, FL 33180 10 Changed. 01/09/2006 Mailing Address %ADOLFO PEREZ 21211 N.E.25TH COURT MIAMI, FL 33180 10 Changed.01/09/2006 Registered Agent Name S Address PEREZ,ADOLFO 21211 N.E. 25TH COURT MIAMI, FL 33180 Address Changed:01/05/2004 Officer/Director Detail Name 8 Address Title P PEREZ,ADOLFO 21211 NE.25TH CT.. MIAMI, FL 33180 http://search.sunb iz.org/I nquiry/CorporationSearch/SearchResultDetail?inq... 10/17/2018 Detail by FEI/EUN Number Page 2 of 2 Title ST PEREZ.JILL K 21211 NE. 25TH CT. MIAMI, FL 33180 Annual Reports Report Year Filed Date 2016 01/22/2016 2017 01/09/2017 2018 01/12/2018 Document Images 01.12;2018-ANNUAL REPOR- Yaw Image in PDF lomat 01109201]_ANNUAL REPORT Yew;mage in PDF lomat 01,2212018-ANNUAL REPOR- Yaw image in PDF formal 01.06/20'5-ANNUAL REPORT View image in PDF formal 011112014-ANNUAL REPOR- Yew image in POE formal 091112010-AMENDED ANNUAL ReORT View Image In POP format 01442019-AMENDED ANNUAL REPORT View image in PDF format 01,14,201}_ANNUAL REPORT View Image in POF format 9110412012-ANNUAL REPORT View Image in PDF formal 01.042011 -ANNUAL REPORT View Image in PDF formal 01/05,701Q-ANNI IAL RC?ORT View image in PDF formal 10/222009-REIN$TATEMENT Y Image in PDF formal 94/042OC8 ANNUAL REPORT Y Image in POF formal 01/n,2007-ANNUAL REPORT View image in PDF formal 01/0912006-ANNUAL REPORT View Image m POF formal 0225/2005-ANNUAL REPORT View image in PDF lmmal 0//05,2004 ANNUAL REPORT New Image n PDF lotmal 0505/2009-ANNUAL REPORT View image in POF formal 01/214002-ANNUAL REPORT Y image wl PDF formal 02101/2001 ANNUAL REPORT View snap n POF formal 01/2712000-ANNUAL REPORT Nen image n PDF formal r 1,25/1999-ANNUAL REPORT Vies image n PDF formal 02/0211998-ANNUAL REPORT View image n PDF formal 02/2-11997_ANNUAL REPORT View mage in POF formal 0510111998-ANNUAL REPORT View Image n POE format 05/01/1995-ANNUAL REPORT View image n POFTormal http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResuttDetai I?inq... 10/17/2018 APPENDIX E COST PROPOSAL FORM Failure to submit Appendix E,Cost Proposal Form,in Its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal bein• deemed nonresponsive and Nein•re ected. Bidder affirms that the prices staled on the cost proposal form below represents the enfire cost of the Items in fug accordance with the requirements of this ITS,Inclusive of its terms,conditions, specifications and other requirements stated herein,and that no claim wlil be made on account of any Increase In wage scales,material prices,delivery delays, taxes,insurance,cost Indexes or any other unless a cost escalation provision Is allowed herein and has been exercised by the City Manager in advance.The Cost Proposal Form(Appendix E)shall be completed mechanically or,if manually, in ink.Cost Proposal Fonns(Appendix E)completed in pencil shall be deemed nonresponsive.All corrections on the Cast Proposal Form(Appendix EJ shag be initialed. It is the intent of the City to pre-qualify vendors as categorized below. Bidders are not required to participate in all categories in order to be considered as part of the prequalified pool. Vendors may submit a response far Groups 1 through 7,as applicable. We wish to be Pr •udlined So •-!Vol..to rn future•ricin• com•eBUonfor the fonowrn• •rou.s. YES NO . Group I-METAL DOORS Group 2-ROLL•UPIGARAGE DOORS Group 3-STOREFRONT DOORS Group 4-FOLDING DOORS Pe Group 5-W000 DOORS /ty Group 8-MOTORIZED AND NON-MOTORIZED GATES Group 7-HINGED GLASS 000RS GROUPS TIME AND MATERIAL BASIS—METAL DOORS Total Item Description Quantity DIM Unit Cost IQuantityXUnit_Cost) EQUIPMENT PARTS ANO SERVICE c� D �ee to 300 Rate S Y,i3 0S • �10Q, 18 550 Rate S 9S. ° ° oCo c° SUB-TOTAL-LAE OR nitimgriuM Estimated Mnual %Atadc-up Net Cost Gross Costs(Dealer (Seeerpendiae (Dealer invoice COSUC% Item Description Invoice Cost) sececnu) Markup) Admiristrdf ive Markup for Pads and IC Smiles 595.000 - D % $ J C °O SUBTOTAL-PARTS 8EQUIPMENT MSO •• °• GRAND TOTAL IITELISIA.ICI _ O. 0- ITB 2018-028-ND 35 I GROUP 2 TIME AND MATERIAL BASIS-ROLL•UPIGARAGE DOORS Total Rem Description Quantity UIU Unit Cost IQuantityXUr.ILCost) EQUIPMENT PARTS AND SERVICE 2AIMIMIIII. 450 Botchy S Cr-°° 2B Hourly Rale-Non Regular 90 Rafe 5 9s o0 $ ; 5 `O. 00 SUBTOTAL-LABOR ngliMit . - - - -. • --EstimatedMnual -%Ma;k_up• Net Cost Gross Costs(Dealer (aeeAppeneta (Dealerinvotce Cast_X_% Item Desafption Invoice Cost) SewmUl Mark•up) 2C Administrative Mark-up tar Pits and s 555.000 20 % s 66 000, °° _ _ SUBTOTAL-PARTS S EQUIPMENT $ - 0". GRAND TOTAL(GEMS 2A-2C) $ /03 :CA I • GROUP3 TIME AND MATERIAL BASIS-STOREFRONT DOORS Total Item Description Quantity U/51 Unit Cost (QuantityXUnit-Cest) EQUIPMENT.PARTS AND SERVICE 3A a •. : , 200 Ream $ 6s pO s /3 000, a° 3B IMNIEMIMI Mao Rte s 95.p0 s - CCV. a° SUBTOTAL-LABOR S - - - - • • Estimated Annual • .%Mark-up Net Cost Gross Costs(Deafer pa A.c.pmcr c (Beeferinvpice Item Description Imolce Cost) sececuC) CostX..Mark-up) Admiristraftve 3C Su g3 Markup foe Pads and $30,000 aO % I S 6 000. QO SUBTOTAL-PARTS&EQUIPMENT S - P.O e • GRAND TOTAL IITEMS 3A-3C) Mr 00. I GROUP 4_ TIME AND MATERIAL BASIS-FOLDING DOORS Total Item Description Quantity UIM Unit Cost (QuanUtyXUniLCast) EQUIPMENT PARTS AND�� SERVICE Qd' • 4A . 20 Hourly Rate s 651 °0 s /300.pU 4B IMIEMISIMISI ,y�.� SUB-TOTIIIMEIMI AL-LABOR ITB 2018-028-NO 36 ' Estimated Annual %Markylp Net Cost Gross Costs(Dealer (See4pperda c (Dealer Invoice Cost,.(.% Rem Description Invoice Cost) 5eetionu) Markup) Administrative Markup lcrParts and / 00 4C Sup. 55.000tl O % S 000. SUBTOTAL-PARTS&EQUIPMENT ♦ I 0 0 GRAND TOTAL(ITEMS 4A-4C) rili C GROUPS TIME AND MATERIAL BASIS—WOOD DOORS Total Item Description Quantity tit WI Unit Cost (QuaUityXUnit_Cosl) EQUIPMENT,PARTS AND SERVICE 54M 100 std $ p65pO $ 6 500.Do 56 Kw Rata-Non R •ular 50 Hourly Rate 5 IS oQ $ 7 37Q CO SUBTOTAL-LABOR $ /a 0. . - Estimated Annual %mark-up Net Cost Gross Costs(Dealer (Se.Apper.6¢a (Dealer Invoice CastXMe Item Description Invoke Cost) onu sec l Mark-up) 5C Swan Administrative Mact4ç for Pads and 515400 ao % $ 18' OOOA oo SUBTOTAL-PARTS&EQUIPMENT w5 ��8- 000 0 GRAND TOTAL(ITEMS SA-5C) rtn--_ • 00 ' GROUP 6 TIME AND MATERIAL BASIS—MOTORIZED AND NON•MOTORIZED GATES Total Item Description Quantity 1.11M Unit Cost (QuantityXUnit,Cost) EQUIPMENT PARTS AND SERVICE /' 6APRIIIIMIIIII 80 Hourly Rate S CS 0o S 0/ " 68 10 Pate $ r?‘")° ' • SUBTOTAL-LABOR 5 - 0 0 ci Estimated Annual Net Cost %Mark-up Gress Costs(Dealer (sre 41,0,63e (Dealer Invoice CostX% Item Description Invoke Cost) sreio,ul Mark-up) Administrative Mark-up IarPads and ^^�t ea CC SupdEes 510.000 €20 % �$ ya2 OOO, SUBTOTAL-PARTS&EQUIPMENT 1r •00. 00 GRAND TOTAL(ITEMS LA-6C) relliaM� ITB 2018-028-ND 37 • GROUP7 TIME AND MATERIAL BASIS-HINGED GLASS DOORS Total Item Description Quantity UJM Unit Cost (UuanUty.)t_UniLCost) EQUIPMENT PARTS AND SERVICE Hourly 7A Howl Rate-Re•ular 100 5- O/� S 600 00 Hou7B Hourly Rate-Non Regular 50 Rate $ 0. o $7750. SUBTOTAL-LABOR �At��y= Estimated Annual e;Mark-up Net Cost Gross Costs(Dealer ismAppees,C (Dealer Invoice Cost_X Item Description Invoice Cost) seam 44) Mark-up) Administrative Markup for Pads and 70 SI D % S t� 00Sulfa $15.000 • SUBTOTAL-PARTS 8 EQUIPMENT �� yr�00. °o GRANDTOTAL(fTESS 7A-7C) !Z-i`1_fiG4 0. Bidders Affirmation Cwforl AAA AJJTOHATED PDDR QAPALf2 TAX Authorized Represerdety. AdoL ro I7FOF'l , Addrns: 4 ,e�r J ).) F— .QS°'r' MlAkii Ft Ray 8.O meow*: OS• yfCe? Dull: AAA AuToMAWL flea - AMI- rite-14 A/.CON Authorized Representatives Signature: ®y Failure to submit Appendix E,Cost Proposal Form,In is entrety and fully executed by the deadline established for the receipt of proposals will result In pro.°sabei • deemednon•responsive andbein• reected. ITB 2018-028-ND as MIAMI BEACH SC NN SOGC-m TAN 2018.028.ND Door Related Repair,Replacement.and Preventive Maintenance PCaaeImMCaa= Tee Etat Natalia Delgado (305)6737000 x 6263 nalafiadelgadoemiambeach6.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(corn Proposers in order that certain portions of responsiveness, responsibiity and other determining factors and compliance with requirements may be evaluated.This Proposal Certification, Questionnaire and Requirements Affidavit Form Is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FawN"AFAAA AUT° MATF-D I)oot2 RF_ itrz DJC. NO.CF TENTS IN BUSINESS: 330s I NaOP YEARS IN t $StOCAILt NaoF EUPIQTEEs: 30 OTHER NMIE(S)PROPOSER RAS OPERATED UNDER IN THE LAST 10 TEARS: �l Evim BABA i a Pra a s er �tA CITY: IL flI RM; STATE: FL tiscce : 33 l $o TFaFP4aNEra: 3os - 933 - acR7 TOLL FREE NO.: FAX Na: CAT - x'9;2 -,S3GS FIRMLCCALAOOREST ti Q)F CT CITY: MlANr STATE: FL 1'DDDE 33)N5F0 PRINMYACCOUNT REPRESENTATIVE FOR DRS ENGAGEHEM: AaouroREP mEPHONENO: Qnt Fra PE2F7 7R6- Dho - 781(5" ACCOUNT REP TOLL FREE NO: NA ACCOUNT REP EVAN AAA DOOR P.- }-1 skl , co kJ FEDERAL TAX IDENTIFCATICN Na: 650098' 5'x1 The City reserves the light to seek addtional information from Proposer or other source(s),kicluding but not Errlted la any tumor principal information,3pp'aNe'censure,resumes of relevantindviduals,afiadinformatcn,friendal'damallon,or anyInfonreuan the City deems necessary to evaluate the sapadty of the Pmposerto perform M=dance YAM contractrequvements. 1713 2018-028—ND - - ._ 17 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES Lk" 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 SCR directly from Dun & Bradstreet. The cost of the preparation of the SCR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at https:itsupplierportal.dnb.com webaophvcslstoresrservtetISuPPlierPortal?storetd71696 Proposers are responsible for the accuracy of the information contained in its SQR.N is highly recommended that each Proposer review the Information contained in its SCR 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 800-424-3495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun &Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within three(3)days of request. 11 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 mare 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 8 Past Performance.Proposer shall submit at least three(3)references fcr wham 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&Tide,3)Address,4)Telephone,5)Contacts Email and 6)Narrative on Scope of Services Provided. 5. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred, suspended or other legal violation,cr had a contract cancelled due to non-performanceb an public sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is'YES:Proposer shalt 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 2490 of the City Code.Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,as prescribed therein,including disqualification of their Proposals,in the event of such Ron-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities(including your suh-consultants)with a controlling financial interest as defined in solicitation.For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly.of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ('Code) and submit that Code to the Procurement Department with its proposal/response or within five(5)days upon receipt of request.The Code shag,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 Ethic, Proposer may submit a statement indicating that it will adopt,as required ii the ordinance,the City of Miami Beach Code of Ethics,avarahle at httINvvor.mi=_miheac!fl.coWtity-hzlt'procurementforccurement-relatedordinance-and-oroczduresh . ITB 2018-028-ND 18 8. Living Wage.Purscant to Section 2-408 of the City of Miami Beach Code,as same may be amended from time to time.covered employees shall be paid the required living wage rates listed below: 1, Effective January 1,2018,covered employees must be paid a living wage rate of no less tan $11.62 per hour with health care benefits of at least$2.26 per hour,or a Irving wage rate of no less than 513.88 per hour without health care benefits. 2. Effective January 1. 2019,covered employees must be paid a living wage rate of no less than $11.70 per hour wit health care benefits of at least$2.74 per hour,or a living wage rate of no less than$14.44 per hour without health care benefits. 3. Effective January 1,2020,covered employees must be paid a living wage rate of no less than $11.78 per hour with health care benefits of at least$3.22 per hour,or a living wage rate of no less than$15.00 per hour without health care benefits. The Irving 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/FL Lauderdale, issued by the U.S. Department of Labors Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The Cry may also,by reso4tian,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 wit this provision shah be deemed a material breach under this proposal,under which the City may,at its sole option,immediately deem said Proposer as non-responsive,and may furter 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 htto!pwwwmianlbeachfl,qovlci^r-haltcrccremertbrocuremertrelated.ortnance-ard-procedures( . SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees tome Wing wage requirement.Any payroll request made by the City during the contract term shall be completed electronically via the City's electronic compliance portal,LCP Tracker(LCPTackernet). 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 Ml 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 Benefit'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 benefip to employees with spouses or to spouses of employees? YES j.)<-1 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. Pease 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 panther, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Finn Provides for Firm does not Employees with Employees with Provide Benefit Ponoses Domestic Partners Meats ✓ Sick Leave .� ✓/ Family Medical Leave Bereavement Leave II Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are to insurance providers in your area idling 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.Approvals not guaranteed and the City Managers derision is final. Further information on the Equal Benefits requirement is available at htlmlMww.rriamteachfloovidtWaMnrocurement'orocurement-relatedardinance.and- ITB 2018-028—ND 19 procedures. 10 Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,stales that a person or affiliate who has been placed on the convicted vendor fist 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 pubic 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 pubic entity in excess of the threshold amount provided in s.297 017 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 S 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 blackllstlng.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,sepal 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 kill compliance with&don 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 Noril 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 hill 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 Nat the business has adopted and employs written policies, practices,and standards that are consistent with the Citys 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, horn 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 S 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 b reach every Proposer having received solidtation 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 a9 addenda may result in proposal disqualification. Haat to Confirm Intel b Confirm hall to Confirm Recent 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's required,submit under separate cover. 1T6 2018-028—ND 20 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: fit- oe- — Titie: QWt,t.R\ Cea Legal Company Name: P AF\ '41Vclio-rrYfiAte (>f. Qe 9R1h-_ e- 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:NATALIA DELGADO PROPOSAL#2018-028-ND 1755 MERIDIAN AVENUE,3e0 FLOOR MIAMI BEACH, Fl.33139 ITB 2018-028-ND 24 PROPOSERCERDFlCATION I hereby caret that I,as an authorized agent of the Proposer,am subMCing the following hdomat on as my fin's proposat Proposer agrees to complete and unconditional acceptance of the temis and conditions of this document,inclusive of this solicitation,all atadiments,exhibits and appendices and the contents of any Addenda released hereto,and the Disclosure and DisclaimerStatementProposer agrees to be bound to any and at specifications,terms and conditions contained in the solicitation,and any released Addenda and understand that the lofting are requirements of this solicitation and failure to comply will result In disqualification of proposal submitted;Proposer has not divulged,discussed,or compared the proposal with other Proposers and has not colluded wih any other Proposer or party to any other proposal;Proposer acknowledges that all information contained herein Is part of the public domain as defined by the State of Florida Sunshine and Public Records laws; all responses, data and information contained In this proposal, indusFre of the Proposal Certification, Questionnaire and Requirements Mfldavit are We and accurate. Nand ofPioposers&tatted Repeumatn tee Cl rmwsen arnav<d Rein nmaa HDatra PAIR CZ. 0 kJA/.cR sown of Pmposenafaeed nepeeeritc car G"` 6 — .l- f - 1 8 flak S4' {I State of TIanJa I CnthIsZl dayof June 2d /� appearedheroremeykdesrcre'yb County of Mlnn� �ade.l stated that(s)he Is the O valet of AAA Aoicnr.reca (ration,and that the Instlum • r s signed In behalf of the said corporation by authority of Its board of •ke ancm4:.•ged said instrument to be its voluntary act and deed.Befo : m Or MoraryputUefet the Stated F/ortia My Carinthian Expires; Oe C: al 7 D z,0 •e• .• DANA AMIN .11 IC i•u0uo.stnsorrlorWA 3" camxumn a cc os2te2 Aly Comm.Donn Die 21,2020 ITB 2013-028-ND 22 este CERTIFICATE OF LIABILITY INSURANCE m';,„ gat I Tte CEFITVICATE Mt=EDNA WTTFB OF DUORMATON ONLY Alla twin NO 190Ri WON 110a calW1CATS MOIOE .11a I UDTDIGTEDetn NOTAFFPUTATNELY OR KEOAIIYELTMWm.WIRD ORALTERTNE COVERAGE AFFORD Brat!POtI® B UM Ma CERIIIICATE OF ICURAMCL DOLS NOT CwIO W C A W nXACT W iwmt TML MUMS OOU W(a).AUmOROX0 REPIETZPITAMt OR PR000CtA.MD THE CURD=HOLDEN. 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IEUXYaAnmOOSTATIE Rmcow -Q- WEST PALM BEACH,FL 33405F.rrshl • aaamPt a,e.l.d a.4W4 .Ye. rm>m �,S s HMI Wed AlavrOnm POane.Caory yob AAAAUTOMATED DOOR REPAIR INC. .mma• 21211 NEZ5TH CT ".fLars. __ MIAMI,FL 33180.1037 114102.101 mina IT motet rr COVERAGES CERTFICATE NUMBER: REVISION NUMBER: TAS IS TO CERTIFY THAT THE RVOES CF INSURAME ICTE)BELOW Mt SEEN ISSUED TO TIED ISTMCO240 ANT REMIUMENT.TEM CA Cannat Ef my cc mum at ERO IMOD ABOVE ROTI TIN POLYPFPAD o:sum Tam RESPECT TO MOOT TM C�EMIFICATE VAT e ISD CR WY PERM.TIE ECUENCE NTCRCED ST TN POIQES DETOIDm HE SH IS SUBJECT TO AL TIE TERM, ECCLLGENa.WOCONORC10 OF 6004 PCICELInan SHORN WY NAVE BEEN REDUCE)BY PAOCIAM. a TMd-- WIN WWI Pa SYFmi.P .INu'nr71 V..rs 0.0111241.4111.117 ratio ma ^ MI mNmrau.COMAL=LTV I rove Ed P'..mnwbf cranium Oamw WO m fvvwwYa'1 names*=Oaf • Cont ACCMIAtt _ CO. Aauene WI an PIM I - PACOCT•a+flL Mr,f . nae _ I A •ITp1p`u IV.MITV 11177177{1S43A 06/157201812115/2018 WC lint Wt I •�'� V I. 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AGGRO 2.5(20CV II Th.ACORD&IMO and boo ars ngIst nd maks of *001188 MERSA 0241.2010 JIMMY PATRONIS CHIEF FINANICAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS'COMPENSATION •CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS'COMPENSATION LAW•• NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the Individual listed below has elected to he exempt from Florida Workers'Compensation law. EFFECTIVE DATE: 1011/2017 EXPIRATION DATE: 10/1/2019 PERSON: PEREZ ADOLFO J JR FEIN: 650098548 BUSINESS NAME AND ADDRESS: AAAAUTOMATFD DOOR REPAIR INC 21211 NE 25TH COURT r MIAMI FL 33180 SCOPE OF BUSINESS OR TRADE: Swank Etutp»atchnsiYem Sarno. neaeW GShop Outside es Drivers IMPORTANT:Wwant to anger 440504 an tear ofa=paragon Mp rink exemption km this tlupter by fifin0 a ceramic of Yadkin roger this sedan may not reeky tenets acompensa0m enteritis chapter.Pursuant tomapter440.05(12),ES.CeSOSales Melaka lobe essmpl_say onysk in the scope of Ne business atade Weil sn the nonce ofekdon lobe mkt Pursuant to Chapter 440.05(13).E.S.Hakes of Seiko lo be exempt eM artikates of Nedra to be exempt shall be subject b rowa0an E al any lime Om the Sino OM.rola Or the Issuance Of M cae8ats.the prison named on the rola or a tiaa no What'meets IMM«aueemema orris section kimono of a certfate.The de parenerd shad nwa a an06ata sl any erne for Whin of to person named on the ornate Is meanie temtelnents of this seam. OFS•F2•DVVC-252 CERTIFICATE OF ELECTION TO BE EXEMPTREVISED 08.13 QUESTIONS?(850}413.1609 ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F r L , i ', I I Insurance Requirements ITB No. 2018-028-ND DOOR RELATED REPAIR, REPLACEMENT, AND PREVENTIVE MAINTENANCE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-028-ND 39 \./ , i BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1, Workers' Compensation and 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). XXX3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability-$ _ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 _Employee Dishonesty Bond $ .00 _Other $ .00 XXX 7. Thirty(30) days written cancellation notice required. XXX 8. 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 2013-028-ND 40