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Certification of Contract with BYTEWISE Solutions Inc. e MIAMIBEACH Gd D CITY OF MIAMI BEACH rr/aoe CERTIFICATION OF CONTRACT TITLE: For Removable Parking Delineators CONTRACT NO.: ITB 2018-037-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 Manager, for two (2) additional (1) year terms. SUPERSEDES: NA CONTRACTOR(S): BYTEWISE Solutions Inc. ESTIMATED CONTRACT AMOUNT: $60,000.00 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida ("City"), on July 25, 2018, approving the award of this Contract, and upon execution thereof by the City and BYTEWISE Solutions Inc., a Florida corporation (the"Contractor"). B. EFFECT - This Contract is entered into to provide for Removable Parking Delineators. pursuant to City Invitation to Bid No. ITB 2018-037-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 2018-037-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, Saul Frances, Parking Director, Miami Beach Parking Department at 305-673-7000 ext. 6483. 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-2018-037-ND 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 Contractor's performance and all interim and final product(s) and /or work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS— Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES — Contractor acknowledges that the provisions of the Public Entity Crimes Act, Section 287.133, Florida Statutes, shall apply to this Contract, which statute provides, in pertinent part, that a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. ITB-2018-037-ND 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: Saul Frances City of Miami Beach Parking Department 1755 Meridian Avenue, god Floor Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: BYTEWISE Solutions Inc. 13117 NW 107 Avenue, Unit 12 Hialeah Gardens, FL. 33018 Attn: Sunil Jotwani Phone: 305-362.1566 Fax: N/A E-mail: siotwanina,bytewisesoln.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-2018-037-ND 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. O. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 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. ITR-2018-037-ND Page 4 Page 5 Certification of Contract IN WITNESS WHEREOF the City and Conntractor have aused this Certification of Contract to be signed and attested on this _47 day of ,F� , 20 I , by their respective duly authorized representatives. BYTEWISE SOLUTIONS INC CITY OF MIAMI BEACH r By I ' A BY Presi. denature Ma ... '‘,1-4‘L_ 3-074A-ViN I Print Name ATTEST: ( l�M� g,� ATTEST: AM ' P S= ret. . 11:7-nature co sFl )n4 ED a ael E. Granada, ity Clerk toycur-k« 1ozu c NOV 2 8 2018 Print Name '�� Date Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION /) j4 j, � 9 _ A- Ci City Attorney 1kt Dote ITB-2018-037-ND Page 5 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Coversheet Page 1 of 2 Competitive Bid Reports-C2 0 MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM. Jimmy L.Morales,City Manager DATE: July 25,2018 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2018-037-ND FOR REMOVABLE PARKING DELINEATORS. 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 2018-037-ND, Removable Parking Delineators. ANALYSIS On January 28, 2009, the Mayor and City Commission approved, pursuant to Section 2-367 (d) of the Miami Beach City Code, the purchase of the Gorilla Post System to temporarily secure parking spaces. Since then, the Parking Department has used the Gorilla Post exclusively for all parking delineation needs. To seek a replacement contract and in an effort to expand competition to other bidders, ITB 2018-037-ND was issued. The ITB allowed bidders to submit pricing for the Gorilla Post System, as well as other similar systems that could be considered by the Parking Department. ITB PROCESS ITB No. 2018-037-ND was issued on April 20, 2018, with bid opening date of May 21, 2018. The Procurement Department issued bid notices to 307 companies utilizing www.publicpurchase.com website. 36 prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of three (3) responses from: Bytewise Solutions, Inc.. Encore Commercial Products, Inc., and Safety Zone Specialists, Inc. See Attachment A for a tabulation of bids received. The Procurement Department has verified that the lowest responsive bid submitted by Bytewise Solutions, Inc. met the requirements of the ITB, including: • Bidder (defined as the Bidding Firm) shall be the manufacturer or authorized by the manufacturer to sell the proposed brand of product. Bytewise Solutions, Inc. is authorized by the manufacturer to sell the proposed band of product. Encore Commercial Products, Inc. submitted an alternate product for consideration of equivalency by the City. The City evaluated the "equal" product and determined that the proposed product is not equal; as it is not removable or ADA compliant. Bytewise Solutions, Inc. is a local business located in Hialeah, Florida, that has been registered in the state of Florida as a profit corporation since April of 2001. Bytewise Solutions, Inc. has provided The Gorilla Post System to the City since 2009 and staff is satisfied with the services being provided. CONCLUSION After considering staffs recommendation and the bids received, pursuant to ITB 2018-037-ND, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Bytewise Solutions, Inc., the lowest responsive, responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute a contract. KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure Wth Full Accountability https://mi amibeach.novusagenda.com/agendapublic/CoverSheet.aspx?Iteml... 7/24/2018 Coversheet Page 2 of 2 FINANCIAL INFORMATION Grant funding will not be utilized for this project. Additional purchases will be based on approved funding. Amount 1 $60 000 Account 1 480-0462-000343-27-421-526-00-00-00- Total $60,000 Legislative Tracking Parking/Procurement ATTACHMENTS: Description o Attachment • https://m iam i beach.novusagenda.c om/agendapub l is/Coversheet.aspx?Iteral... 7/24/2018 ATTACHMENT A Bytewise Solutions,Inc. Encore Commercial Products,Inc. Safety Zone Specialists,Inc. IGROUP 1-Gorilla Post System 544600* $45,800 $45,900 GROUP 2-Alternate Product No Bid $5300•" No Bid *Recommended for Award **Alternate product is not equal(see attached memorandum). ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS MIAMI BEACH Procurement Department, 1755 Meridian Avenue, 3'° Floor, Miami Beach, Florida 33139, vrvw.miamibeach0.gov, 305-673-7490 ADDENDUM NO. 1 INVITATION TO BID NO. 2018-037-ND REMOVABLE PARKING DELINEATORS May 14, 2018 This Addendum to the above-referenced ITB is issued in response to clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. RESPONSES TO QUESTIONS RECEIVED. 01: What is the actual address the goods need to be shipped to in Miami Beach? If you look on page 8 (#s 33 and 34) only states delivery and delivery time. Al: Goods will need to be shipped to Parking On-Street, 1833 Bay Road, Miami Beach, FL 33139. • Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at Rat a e l G ra n a d o@ m i a m i beac hf 1.Q o v. ' Procurement Contact: Telephone: Email: i Natalia Delgado 305-673-7000, ext. 6263 nataliadelgado@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Sii v:ly, i Al> Denis rocurement Director 1IADDENDUM NO.1 INVITATION TO BID NO.2018-037-ND REMOVABLE PARKING DELINEATORS . . BEACH INVITATION TO BID ( ITB) REMOVABLE PARKING DELINEATORS 2018-037-ND BID ISSUANCE DATE: APRIL 20, 2018 BID DUE: MAY 21, 2018 BY 3:00 PM ISSUED BY: NATALIA DELGADO, PROCUREMENT CONTRACTING OFFICER I PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3'd Floor, Miami Beach, FL 33139 305.673.7000 x6263nataliadelgado@miamibeachfl.gov 1 www.miamibeachfl.gov BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 15 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS APPENDIX B "NO BID" FORM APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS APPENDIX D SPECIAL CONDITIONS APPENDIX E COST PROPOSAL FORM ITB 2018-037-ND 2 BEACH 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 (wvnv.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. Since 2009, the Gorilla Post System has been used to temporarily secure parking spaces. The City seeks to secure a source for the required Gorilla Post items, as well as compare other viable removable delineator options. Interested firms must submit a bid for all items within a group, or the approved equals, indicated in the Cost Proposal Form (Appendix E). The requirements and specifications are further detailed herein and, specifically, in Appendix C. 3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued APRIL 20, 2018 Pre-Bid Meeting MAY 7, 2018 at 11:00 AM Deadline for Receipt of Questions MAY 11, 2018 by 5:00 PM Responses Due MAY 21, 2018 by 3:00 PM Tentative Commission Approval Authorizing Award TBD 4. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact Telephone Email: Natalia Del.ado 305-673-7000 x6263 nataliadel.adomiamibeachfl..ov additionally, the City Clerk is t. .- co.i-. on .11 .mm mi -tion vi. •-m.il .0 RafaelGranadoamiamibeachfl..ov, .r via facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. AR responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. TB 2018-037-ND 3 BEACH 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue,3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER 1-888-270-9936(Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado©miamibeach6.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://www.miamibeach6.gov/city- hall/procurement/procurement-related-ordinance-and-procedures/ CONE OF SILENCE CITY CODE SECTION 2-486 PROTEST PROCEDURES CITY CODE SECTION 2-371 DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 LOBBYIST REGISTRATION AND DISCLOSURE OF FEES. CITY CODE SECTIONS 2-481 THROUGH 2-406 CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 iEB 1018{)3/-NU 4 BEACH • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance,furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2.371 shall be barred. 11. JOINT VENTURES. Joint Ventures are not allowed. The City will only contract with the prime contractor. Proposals may, however, identify other sub-contractors or sub-consultants to the prime contractor. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2)or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest ITB 2018-037-ND 5 BEACH responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Managers recommendation(s)and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified, without delay or interference. • The character, integrity, reputation,judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 15. MULTIPLE AWARD. The City may award two or more vendors (primary, secondary, tertiary, or higher), as available, by line item, by group or in its entirety, beginning with lowest, responsive, responsible bidder (primary), followed by the second lowest, responsive, responsible bidder (secondary), and continuing with other responsive, responsible bidders in order of next best cost. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 16. BINDING CONTRACT.The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Procurement Department prior to award of the Bid by the Mayor and City Commission. (T6 2018-03/-ND 6 - '.' BEACH 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 21. AMERICAN WITH DISABILITIES ACT.To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request.TTY users may also call 711 (Florida Relay Service). 22. NON-DISCRIMINATION.The bidder certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality,gender identity, sexual orientation, marital and familial status, and age or disability. 23. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 24. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. • 25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the 1113 2018-03/-NU 7 BEACH best interest of the City of Miami Beach, 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least seven (7) calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s)from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum. and filling in and signing in the spaces provided in Appendix A, No. 14 Acknowledgement of Addendum. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Procurement Department, 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 with a copy to the City Clerk. 30. COLLUSION.Where two(2)or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one(1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M.to 4:00 P.M. 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges(For example, 12-14 days)will be accepted. 1B 2018-037-ND 8 BEACH 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization', as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the 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. 36. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid;then B. Addendum issued for this Bid, with the latest Addendum taking precedence;then C. The Bid;then D. The bidder's bid in response to the Bid. In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder,the decision of the City shall be final and binding on all parties. 37. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. 38. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturers name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS I1B 2018-037-ND 9 BEACH 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. 39. 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. 40. EMERGENCY RESPONSE PRIORITY. It is hereby made a pad 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. 41. 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. 42. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 43. 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. 44. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. ITB 2018-037-ND 10 BEACH 45. 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. 46. 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. 47. 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. 48. 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. 49. 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. 50. 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. 51. 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. 52. 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, It 2018-037-ND 11 . .. - BEACH 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. 53. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidders risk and may result in the bid being non-responsive. 54. MODIFICATIONIWITHDRAWALS OF BIDS.A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 55. 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. 56. 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. 57. 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. 58. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 59. 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. 60. 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 I i B 2018-037-ND 12 • BEACH 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). 61. 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. 62. 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. 63. 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. 64. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 65.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. 66. 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. 67.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 68. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 69. 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 ITB 2018-037-ND 13 7 BEACH 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. 70. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty(30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 71. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. 2018-037-ND 14 BEACH 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 NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 2-Bid Certification,Questionnaire and Affidavits(Appendix A). • TAB 3—Documentation indicating compliance with Minimum Eligibility Requirements. • TAB 4— If submitting an alternate product, product information sheets per Appendix C, Section C3, Technical Specifications,2.Consideration of Equal Product. 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 2018-037-ND 15 APPENDIX A Proposal Certification , Questionnaire & Requirements Affidavit ITB 2018-037-ND Removal Parking Delineators PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 TB 2018-037-ND 16 Solicitation No: SoAulatlm Title: 2018-037-ND Removable Parking Delineators Procurement Contact Tel: Email. Natalia Delgado 305-673-7000 x6263 nataliadelgado@miamibeach0.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME NO.OF YEARS IN BUSINESS: NO.OF YEARS IN BUSINESS LOCALLY NO.OF EMPLOYEES. OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.. FIRM LOCAL ADDRESS. CITY: STATE: ZIP CODE. PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT. ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL. FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s),including but not limited to: any firm or principal information,applicable licensure, resumes of relevant individuals, client information,financial information,or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. IIB 2018-037-NU 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 of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SCR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SOP directly from Dun & Bradstreet. The cost of the preparation of the SOP shall be the responsibility of the Proposer.The Proposer shall request the SCR report from D&B at: htlps://supplierportal.dnb.comAvebapplwcs/stores/servletlSupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR.It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within three(3)days of request. 3, Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach, Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s)of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly, an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates. 4. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the wort 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- erformance by an ublic sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is"YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants)with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach, 7. Code of Business Ethics.Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code) and submit that Code to the Procurement Department with its proposal/response or within five(5)days upon receipt of request.The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including. among others, the conflict of interest, lobbying and ethics hb 2018{13/-NU 18 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 httpalwww.miamibeachfi.gov/city-halllprocurement/procurement-related-ordinance-and-procedures/. 8. 2. Effective January 1, 2Q1°, ^ev^redemployees-musW>-paid a Pvirg wage rate of no le:r than $11.79 p0'hour with benefits 3. Effective January 1, 2Q20, ^e„^re4-employeesmust_bn-p'ii9 - rvnge .--of-f no I than $11.78 pot hour with • alth care b -: t€e"at lenst$342-per heurrof-a4ttng wage cete-o"nnaess4hnn$1 cn0 par how•vitke't h alth-ore .^pr'^. ame(in a patcular y a•). .. - _ _. _. . _ 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits'to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners'or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave,other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave IIB 2018-037-ND 19 If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee.Approval is not guaranteed and the City Managers decision is final. Further information on the Equal Benefits requirement is available at http:l/www.miamibeachfl.qov/city-halUprocurement/procurement-related-ordinance-and- 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 cdme may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals,proposals,or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,subcontractor. or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required.By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes,and certifies it has not been placed on convicted vendor list. 11. Non-Discrimination. Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code,including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color, national origin, religion.sex,intersexuality,gender Identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi.as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi. nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices,and standards that are consistent with the City's Fair Chance Ordinance,set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance'), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. 14. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However. Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addenda released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. 1113 2018-037-ND 20 Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. The remainder of this page was left intentionally blank. 118 2018-037-ND 21 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipients convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation. or in making any award,or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation. the applicants affiliates. officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials.shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors,omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation.By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto,such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ITB 2018-037-ND 22 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments,exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal', Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification. Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative'. title of Proposers Authorized Representative'. Signature of Proposers Authorized 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 of My Commission Expires: IfB 2018-037-ND 23 APPENDIX B " No Bid " Form ITB 2018-037-ND Removal Parking Delineators PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note: It is important for those vendors who have received notification of this solicitation but have decided not to respond, to complete and submit ' the attached "Statement of No Bid." The "Statement of No Bid" provides the City with information on how to improve the solicitation process. Failure to submit a "Statement of No Bid" may result in not being notified of future solicitations by the City. ITB 2018-037-ND 24 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service _OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: Natalia Delgado, Procurement Contracting Officer I PROPOSAL#2018-037-ND 1755 MERIDIAN AVENUE, 3RD FLOOR MIAMI BEACH, FL 33139 78 2018-037-ND 25 APPENDIX C Minimum Requirements & Specifications ITB 2018-037-ND Removable Parking Delineators PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITS 2018-037-ND 26 Cl. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to include the required submittals with its bid or fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. 1. Bidder (defined as the Bidding Firm) shall be the manufacturer or authorized by the manufacturer to sell the proposed brand of product. Required Submittals: Bidder shall submit proof that it is either the manufacturer or authorized by the manufacturer. C2.Statement of Work Required. Successful bidder will be required to furnish and deliver removal delineators to the City of Miami Beach. These removable delineators will be utilized to secure parking spaces temporarily via the Space Rental Program. It shall be the responsibility of the contractor to supply all necessary tools, equipment and transportation necessary to deliver the delineators as requested. Materials and equipment provided shall be new, and of a suitable type and grade for the purpose. The cost proposal form shall reference the manufacturer indicated. Products similar in design and equal in function may also be considered. Bidders with an equal product shall submit product information sheets with its bid or within two (2) business days from City's written request. Failure to submit product information sheets shall be cause for disqualification of the bid. C3. Technical Specifications 1. Gorilla Post System (Group 1). 1.1 Post/delineator Product Information: • Model Number: GPMP48 • Delineator: 48"x 2113"tube with black cap • Color: Orange • Spring for impact recovery • Suitable to hold 12"X 18"aluminum sign • Weight: Under 10 pounds • Magnetic base: 6"diameter, able to withstand approximately 400 pounds of resistance,which temporarily couples to a thin metal base plate adhered to either concrete or asphalt. 1.2 Concrete Plate Product Information • Model Number: GPPLATE • 5 1/2" Diameter • Zinc plated steel • Pre-drilled • ADA Compliant ITB 2018-037-ND 27 1.3 Asphalt Plate • Model Number: GPPLATEA • 5 1/2"Diameter • Zinc plated steel • Pre-drilled • ADA Compliant 2. Consideration of Alternate Product(Group 2). The manufacturer's name, brand name and/or model number information contained in this solicitation are being used for the sole purpose of establishing the minimum requirement of level of quality, standard of performance, and design and is in no way intended to prohibit the offer of another manufacturers items of similar design and function. The City currently utilizes the make(s)/model(s) of equipment stated herein (Group 1). To determine the feasibility, including cost and operational considerations, of utilizing alternate equivalent products, the City is allowing the submittal of alternate equivalent make(s)/model(s) as stipulated in the Cost Proposal Form. THE DETERMINATION OF EQUIVALENCY SHALL BE AT THE SOLE DISCRETION OF THE CITY. THE CITY RESERVES ALL RIGHTS AND AT ITS SOLE DISCRETION MAY UTILIZE EITHER THE ORIGINAL MAKE/MODEL SPECIFIED, OR AN ALTERNATE EQUIVALENT PRODUCT, OR ANY COMBINATION OF EITHER. a. REQUIRED DOCUMENTATION FOR THE SUBMITTAL OF ALTERNATE EQUIVALENT PRODUCT. This specific solicitation requires submission of the following documentation to enable City evaluation of"equal"products: i. The "equal" product shall be equal in quality and standards of performance to the item specified in the solicitation. Where an "or equal" item is offered, two (2) complete sets of product information sheets (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures) must be submitted with the initial offer or within two (2) business days from the City's written request. Failure to submit product information sheets shall be cause for disqualification of the bid. The product information sheets submitted by the offeror must meet the required specifications set forth in this solicitation. ii. Where the standard product literature submitted provides information that does not comply with the specifications, the offeror shall state, in an official letter on corporate letterhead as part of their initial offer, the differences between the item they are specifically offering, and the equipment described by the standard product literature, to substantiate compliance to all of the specifications set forth in this solicitation. In such cases, any offer submitted with standard product literature but without the letter explaining compliance will result in the rejection of the offer for not meeting the solicitation specifications. 11B 2018-037-ND 28 APPENDIX D Special Conditions ITB 2018-037-ND Removable Parking Delineators PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-037-ND 29 1. TERM OF CONTRACT. This Contract shall remain in effect for a period of three (3) years from date of contract execution by the Mayor and City Clerk. The City of Miami Beach has 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 on 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 Cost Proposal 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 contract term. The City is also interested in receiving bids that include flexible pricing terms that provide the City with maximum options and flexibility as regulatory and marketplace changes take place. 2.1 OPTION TO RENEW WITH PRICE ADJUSTMENT. The contract may be extended at the sole discretion of the City, through its City Manager, for two (2) additional one (1) year terms, if mutually agreed upon by both parties. 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-1.1 (all urban areas) computed 60 days prior to the anniversary date of the contract. It is the successful Contractor's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised option period, the successful Contractors request for adjustment should be submitted 60 days prior to expiration of the then current contract term. The Contractor adjustment request must clearly substantiate the requested increase. If no adjustment request is received from the Contractor, the City will assume that the Contractor 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. The City of Miami Beach reserves the right to accept the renewal adjustment or to allow the contract to terminate and re-advertise for bids, whichever is in the best interest of the City. 3. ADDITIONAL QUANTITY OF ITEMS OR UNITS. Although this solicitation and resultant contract states a specific or an estimated number of items or units to be purchased by the City, it is understood and agreed that the City may purchase additional items or units from the vendor; provided that these additional items or units represent the same manufacturer, model or brand, and unit price stipulated within the contract. ITB 201 8037-ND 30 4. DELIVERY REQUIREMENTS. The Contractor shall enclose a complete packing slip or delivery ticket with any item being delivered in conjunction with this solicitation. The packing slip shall be attached to the shipping carton(s)which contain the items and shall be made available to the City's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered. 5. WARRANTYIGUARANTEE REQUIREMENTS. The Contractor warrants the materials supplied under this contract conform to warranty materials provided. In addition to all other warranties that may be supplied by the Contractor, the Contractor shall warrant its products against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the equipment by the City. This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the Contractor is under contract with the City at the time of the defect. Any payment by the City on behalf of the goods received from the Contractor does not constitute a waiver of these warrant provisions. The Contractor shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5) calendar days after the City notifies the Contractor of such deficiency in writing. If the Contractor fails to honor the warranty and/or fails to replace the defective items within the period specified, the City may, at its discretion, notify the Contractor, in writing, that the Contractor may be debarred as a City bidder/proposer and/or subject to contractual default if the replacements are not provided to the satisfaction of the City within five (5)calendar days of receipt of the notice. If the Contractor fails to satisfy the warranty within the period specified, the City may(a) place the Contractor in default of the contract, and/or (b) procure the products or services from another contractor and charge the Contractor for any additional costs that are incurred by the City for these items, either through a credit memorandum or through invoicing. 6. SHIPPING TERMS. Prices shall include prepaid freight by the bidder to City premises and shall be F.O.B. Destination. The Contractor shall hold title to the goods until such time as they are delivered and accepted by an authorized City representative. 7. METHOD OF PAYMENT. Invoices for payment will be submitted upon receipt and acceptance of goods ordered via a Purchase Order. No down or partial down payments will be made. Invoices will be subject to verification and approval by the Contract Administrator, or his/her designated representative. 8. MANUALS. The vendor shall supply the City with a minimum of three (3) parts and repair manuals which identify the component parts, and which describe the appropriate process for repairing the equipment purchased by the City in conjunction with this solicitation. 9. BACK ORDERS MUST BE FILLED WITHIN 90 CALENDAR DAYS. 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 vendors manufacturer or distributor; the vendor shall insure that such back orders are filled within 90 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 orders are delivered and accepted by the City's authorized representative. It is understood and agreed that the City may, at ITB 2018-037-ND 3 1 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. 10. QUANTITIES. The quantity or amount specified herein are estimated only and not a commitment or guarantee of the amounts required by the City under this Bid. Vendor is not authorized to manufacture, produce, ship or perform unless it has received a release or request for a specific quantity for items/materials specified in the contract ordered pursuant to this bid by an authorized representative of the City. All invoices must be equal to or less than the cost specified in the contract. The City shall not be obligated or liable for any payments in excess of the amounts released or requested pursuant to this bid or for unit prices that exceed those stipulated in the contract. 11. ROADMAP FOR PARTS AND EQUIPMENT ADMINISTRATIVE MARK UP OR DISCOUNT. For parts and materials ordered, Contractor shall provide a quote or invoice, as determined by the authorized City representative, based on the cost of parts and materials plus the agreed to mark-up or discount. In determining cost of materials to which the mark-up or discount may be applied, the authorized City representative may: i. require the Contractor to provide actual cost of parts and materials (e.g., Contractor's invoice, MSRP,etc.) prior to the issuance of a purchase order or approval of an invoice; or ii. may require the Contractor to seek and document competition from its sources for the required parts or materials; or iii. may obtain data available from primary or 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 Contractor, with prior approval of the authorized City representative, may be determined in the manner prescribed above. The remainder of this page was left intentionally blank. ITB 2018-037-ND 32 APPENDIX E Cost Proposal Form ITB 2018-037-ND Removable Parking Delineators PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-037-ND 33 APPENDIX E COST PROPOSAL FORM Failure to submit Appendix E,Cost Proposal Farm, 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 re ected. 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. Group 1—Gorilla Post System Annual Estimated Total Item Descd•tion Quanti ' (JIM Unit Cost Quanti _x_Unit_Cost Model Number:GPMP48 Gorilla Post System. posUdelineator, 48" x 21h' tube with black cap, spring for impact recovery, suitable to hold 12"x 18"aluminum sign, magnetic base 6" diameter, able to withstand approximately 400 pounds of resistance,which temporally couples to a thin metal base plate adhered to either concrete or 1A asphalt,under 10 sounds,oranse. 200 Each $ $ Model Number:GPPLATE Gorilla Post System, Concrete Plate. 5'12" diameter, zinc plate steel, pre-drilled, ADA 1B comdiant. 200 Each S Model Number:GPPLATEA Gorilla Post System, Asphalt Plate, 5'l2" diameter, zinc plate steel, pre-drilled, ADA 1C corn sliant. 200 Each $ $ SUB-TOTAL(Items 1A-1C) $ A B C Discount or State Whether Total Mark-Up the%Listed Discount or Estimated Annual Isee Sppendi.D is a Discount Mark-up Net Total Cost Item Description Gross Costs Section In or Mark-up (A X_B) (A 'I-_C) 1D Balance of Line $1,000 TOTAL (Items IA-1D) $ Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2018-037-ND 34 Group 2—Alternate Product(See Section 2,pg.28) Annual Estimated Total Item Desch.tion Quanti t U I M Brand Item No. Unit Cost Quarti _X_Unit_Cost 2A 48"Post/Delineator 200 Each 2B Concrete Plate 200 Each 2C MEM 200 Each SUB-TOTAL(Items 2A-2C) $ A B C Discount or State Whether Estimated Mark-Up the%Listed is Total Discount Annual Gross Ise°Appendix D a Discount or or Mark-up Net Total Cost Item Description Costs Seuon ni Mark-up (A_X_B) (A_+/-_C) 2D Balance of Line $1,000 TOTAL (Items 2A-2O) $ 'The estimated amounts stated herein are for calculation purposes only.Actual amounts may he greater or less than the estimated amounts. ,Refer to documentation required Appendix C. Minimum Requirements and Specifications,C3.Technical Specifications,2.Consideration of Equal Product Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: The City Manager, at his sole discretion, may recommend award of one or more groups, or may recommend rejection of all bids. The remainder of this page was left intentionally blank. ITB 2018-037-ND 35 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) Detail by FEI/EIN Number Page 1 of 2 5u,Jt7.0r9 i , _ Deuamnett or Slate r Division of Corporations r Search Records I Search by FE VEIN Number/ Detail by FEI/EIN Number Florida Profit Corporation BYTEWSE SOLUTIONS, INC. Filing Information Document Number P01000033312 FEI/EIN Number 65-1088985 Date Filed 04/02/2001 State FL Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 11/11/2009 Event Effective Date NONE Principal Address 300 sw 181 way pembroke pines, FL 33029 Changed'. 04/30/2018 Mailing Address 300 sw 181 way pembroke pines, FL 33029 Changed'. 04/30/2018 Registered Agent Name 8 Address JOTWANI, SUNIL N 300 sw 181 way pembroke pines, FL 33029 Name Changed'.01/15/2008 Address Changed'.04/30/2018 Officer/Director Detail Name 8 Address Title PSTD JOTWANI, SUNIL N 300 sw 181 way pembroke pines. FL 33029 http://search.sunbiz.org/Inquiry/Corporati onSearch/SearchResultDetai I?inq... 7/24/2018 Detail by FEI/EIN Number Page 2 of 2 Title O JOT VANI, KIRAN S 300 sw 181 way pembroke pines, FL 33029 Annual Reports Report Year Filed Date 2016 03/09/2016 2017 04/15/2017 2018 04/30/2018 Document Images 04/30,2018-ANNUAL REPORT View Image m PDF format 04145,2017 ANNUAL REPORT View Image in POF format 03/0grz01e-ANNUAL REPORT View image in PDF format 0223/2015 ANNUAL REPORT View image in PDF formal 01,10,2014 ANNUAL REPORT view image in PDF formal 01/17/2013-ANNUAL REPORT View image in PDF formal 01,04,2012 ANNUAL REPORT View image in PDF format 0211212011 ANNUAL REPORT View Image in PDF format 0710/2010-ANNUAL REPORT View image in PDF format 11/1112009-REINSTATEMENT View image in PDF format 01/15,2008 ANNUAL REPORT View image in PDF formal 01/09/200-ANNUAL REPORT View image in PDF formal 03/23,2009-ANNUAL REPORT View image In PDF format 07/26/2005-ANNUAL REPORT View Image In POE format 04262004-ANNUAL REPORT View image in POE format 01,302003-ANNUAL REPORT View image in PDF format 11/152002-ANNUAL REPORT view image in PDF formal 04,02,2001 Domestic Prof!! View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai 1?inq... 7/24/2018 APPENDIX E Cost Proposal Form ITB 2018-037-ND Removable Parking Delineators PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITS 2018-037-ND 33 _1 Scanned by CamScanner APPENDIX COST PROPOSAL FORM Failure to submit Appentx E,Cost ProposFOtrimls,O , I ,ilittlyereeuted by the deadline established for the receipt of propitiate will refult gdihniednon•responllve and Bidder affirms that the prices stated w the Cost fir l"J'.;I funnew eyesores the entire cast of the items in full accordance with the requirements of this I Ile in{I;rpm of its terms. conditions. specifications and other requirements stated hemin nod that 110!HIT will he made on account of any Increase in wage scales,material pricesdelivery delays_taxes.inuuranco, 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. Group 1-Gorilla Post System Annual Ialed Item Desai•� fluent' on Guanl' Model Number.GPMP48 Gorilla Post System, posddelineator, 48' x 2'/3" tube with Nail cap, spig fa impact recovery,suitable to bold 12'x 18'aluminum sign, magnet base r diameter, able to withstand approximately 400 pounds of resistance,which temporarily coupes to a thin metal base plate adhered to S e(concrete or ee tA Gorilla under10 , Con r me. 200 Each Model Number GPPLATE Gama Post System, Concrete Plate, diameter, zinc plate steel. pre-drilled, PDA tB cam•iant. 200 Each ME Madel Number GPPLATEA Gorilla Post System, Asphalt Plate, 5'yf diameter, anc plate steel, predmed, ADAoo `O IC • ward. 200 Each S„ Saab 77 SUB-TOTAL I Items IA-ICI $446oc A B C Discount or State Whether Total Mark-Up the°A Listed Discount or Estimated Annual . .:dye,,,L; is a Discount Markup Net Tctal Cost Item Description Gross Costs _.a;.m I.. or Mark-up IA X 8) 10 Balance of Line $1.000 % - $ S TOTAL (Items 1A-1D) S • Comex* •y1Eb' SC ScLUllloTLS, t Arelwrheeepreaenreee: c$Lte4IL �eTua A+a( Amen: 1314 row koN AreowaT 12• it LEAH GRatru FL 33et,� r.waree.: 3oG fl Icbb x Erna S ebite.sltea ha•Co a ex Authorize aStabm ITB 2018437ND d 34 Scanned by CamScanner CTS yTU1"( �o ` 19 AI v Group 2-Alternate Product(See!Wien 2,pg.25) r. x-Y;Ta{x' -44$.'e..,,+A Annual Estimated Total Item r Chianti ' UI M Brand Item tlo Unit Cost (guano/x mese cl 2A 49'PoSINedineata 200 Each $ $ 2B Conaete Plate 200 Each _ $ $ 2C PEIM 200 Each Ina S SUBiTOTAL(Items 2A-2C) $ A 0 C Discounter State Whether Estimated Mark-Upthe r•Listed is Total Discount Annual Cross e,;,rrer;, a Ds count or or Ma,k•up Net Total Cost Item Description Costs a:on Yi Markup (aX_B) (A:I_C) 2D Balance of Line $1,000 % - S $ TOTAL q ems 2A-2D} S 'The estimated amounts stated herein are for calailadon purposes only.Actual amounts may be greater or fess than the estimated amounts. 'Refer to documentation required Appendix C,Minimum Requirements and Specifications,C3.Technical Spedfimtions,2.Cansideration of Equal Product caraway: '(TE wt SE $Soa-"TtwnScb-nC• AUNarow Representative Sue%t_ Sta'(aJA -t Harm. t'SU'kIveste, Art T4t i7_ -H1At-1A+1Cz,tejyaascL72oIe rei.wone: Sec 362 1512C, Emil' ".b.m'e 6y+e'.hStSot"• tem r I AoeiovS Representative's Signature. t • The City Manager,at his sole discretion,may recommend award of one or more groups,or may recommend rejection of all bids. The remainder of this woe was left intentionally blank ITB 2018-037-ND 35 Scanned by CamScanner APPENDIX A Proposal Certification , Questionnaire & Requirements Affidavit ITB 2018-037-ND Removal Parking Delineators PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-037-ND 16 Scanned by CamScanner SoholaMI No.. &Rotolo,lith. 2018-037-ND Removable Pa,Aluy IT lereali u. RDNRmmICmUit IN ' Natalia Delgada 305-673.7000 s611I3 Iu iier0ed,n6Annnmritxmchf.gov PROPOSAL CERTIFICATION.QUESTIOIIrIA:F;I_Y. H171I11NFFAEII IS AFFIDAVIT Purpose: The purpose of this Proposal Certification. Duc;INsm P.ep.Buam31IS Affidavit Form is to inform prospective Proposers of certain solicitation and contractual fie and In collect necessary information from Proposers In order that certain portions of respollsivruc;;, rein :h0ip/ nrl other determining factors and compliance with requirements may be evaluated. This Proposal Certilication, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted hilly completed and executed, 1. General Proposer Information. FIRM NAME SJ'ITtwtSE -2CL`BTloN3,CX,r NO OF YEARS N BUSINESS' NO OF YFMS IN BUSINESS LOCALLY. NO.OF EMPLOYFESC 15ye , it year, — t6 OTHER NM.EISI PROPOSER HAS OPERATED UNDER IN THE LAST m YEARS FIRM PRIMARY ADDRESS(HEADQUARTERS): 13111u-' tot .ry H-t 1 l)r'l1T IZ CITY. ktc teat, �tgrdev s STATE rL, ZIPCOOE: 3301 e- TELEPHONE NO: ge53rta IS 66 TOLL FREE NO. 1 FANO: 3os 3b2 1ST O p FIRM LOCAL ADDRESSca..�e p,s -i-ksd`NLar te.•B 4ddctu cis ctbo VL — CITY: STATE PIR COOS: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT'. sori I` S.tV 4.41 ACCOUNT REP TELEPHONE NO: 9 54 s€ 8 344\ ACCOUNT REP TOLL FREE NO. ACCOUNT REP EMAIL slot wan� 6ytewtSea lh• (n^+ FEDERAL TAX IDENTIFICATION NO: /' r" 1088935 The Cay reserves the right to seek additional infamatian hon Prryaser a other source(s),including but not limited to:any firm or principal information,appliral*ticensae.resumes of relevant individuals,client nfamatian.financial nfamabw,a any information the City deems necessary to evaluate the capacity of the Proposer to pefam in accordance eith contract requirements. ITB 2018037-ND 17 Scanned by CamScanner • 1. Veteran Owned Business.Is Pror dating a vent M vwlee'd Ie 'm.r,•t ri ,, s ll— I no SUBMITTAL REQUIREMENT:Progrsers claiming velann rwu�d bunnn ,addu. .t.ail mllmnt nuwmnnbunn proving that firm is certified as a veteran-owned business or a sernce-disabled vetrr:,n ownig bv.inn-,:Lr int of F@ridn m United States federal government.as required pursuant to ordinance 2011-374a 2. Financial Capacity. When requested by the City. each thgioser shall wort. fiu Dun Y. Ilmrltirmt to submit a Supplier Qlalificatiw Report(SOR)directly to the Procurement Contact named licrein Nn prnpn;il well ho considered without receipt, by the City, of the SOR directly from Dun &Bradstreet. The cost of the preparation of fin SOP shall be the responsibility of the Proposer.The Proposer shall request the SQR report from DAB at. httocifsimplieroodal.blebeomfwebappfweslstoreslservlelf5upplier lorlalastoreld=11 SYS Proposers are responsible for the accuracy of the information contained in its SOR.It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City end as early as possible in the solicitation process.For assistance with any portion of the SQR submittal process,contact Dun&Bradstreet at 800.425.2195. SUBMITTAL REQUIREMENT: Proposer shall request that Dun&Bradstreet submit its Supplier Qualifier Report directly to the City,wit bid or within three(3)days of request. — F4o3. E 3. Conflict Of Interest.All Proposers must disclose,in their Proposal.the name(s)of any officer,drector,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. eine directly or indirectly.an interest of ten(10%)percent or more in the Proposer entity or any of its aTtlates—N/A 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 Bead. Proposers must also disclose the name of any City employee who owns,either directly or i drectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. Tei pr 4. References&Past Performance.Proposer shad subrn8 at leafrkhhree(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation.WC#j 4 ntgm, Keq.c4 IAmt &R\CNCv Adgnoil'L Jc-Tw+N a- la.OEP QALNl1 70FiF/- SUBMITTAL REQUIREMENT: For each reference submitted,throllowing information is required: 1) Firm Name, 2)Contact Individual Name&Tile,3)Address,4)Telephone,5)Contacts Email and 6)Narrative on Stype of Services Provided._ S¢.e_a 5. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended a other legal violation,a had a contract cancelled due to non-pedormance by and WNagency? VES NO SUBMITTAL REQUIREMENT:If answer to above is'YES;Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions.Proposers are expected to be or become familia with,the Ciys Campaign Finance Reform taws,as codified in Sections 2-487 through 2-490 of the City Code.Proposers shall be solely responsible fa ensuring that ad applicable provisions of the City's Campaign Finance Rehm as are complied with,and shad be subject to any tl s and aancbMs, as prescribed therein,including disquadfiwtian of mei Proposals,in the event d such noncanphalce. _.^f/A SUBMITTAL REQUIREMENT:Submit the nares of al individuals or entities(indudng your sub-consultants)with a controlling financial Merest as defined in solicitation.Fa each ndndual a entity with a controlling financial interest Skate whether or not earth indviduS a entity has wnbibuted to the campaign either tiredly indirectly,of a candidata who has been elected to the ona a Cit office of Mayor Commissioner fa the City of Miami Beach. —"T A 7. Code of Business Ethics.Pursuant to City Resdutiw Na2000-23819,each person or entity that seeks to do business with the City shad adopt a Code at Business Haas (code') and submit that Code to the Procurement Department with its proposalhesponse a vdthin Tae(S)days upon receipt of reddest The Code shag at a minimum,require the Proposer,to comply with all applicable governmental ales and regulations including, anal ohm. the wn8id of interest lebbpmg and ethics ITB 2018-037-No 18 Scanned by CamScanner provision of the City of Miami Reach and Maim Il.vbm Cm rely SUBMITTAL REQUIREMENT: Propose shall submit fico! 'odd d F..rnr-, r!I.;. In rom :I auI;n9,9 Crz;n N Business Ethics.Proposer may submit a statement mdicalmg that 41'10 n!I I t:• t m n,,.cr Cnt'A lA.amr Birk Code of Ethics,available at h(NEWww-mtamrbeaddgov,uly livid r • r .: . _ Iyell!! I r_d:Ertl. _-Artkc1_e.l -h„ 8. Living-Wage.Wrtasant toSechan2-4OBol the-City MM B nil i.4a,: ::y lou nnmNml Iron tone b tine.-covered ed employees-Mall-be-paid the;enured king wage rales heed batty i,EAesAve-dawary-1;281&m.'eredanMoyees nwgtrapvd a 4vti 11 with tin or no 1=u than fill bbptt-0ao-wdkr healthcareteneks-of-atheard-$2,74per how or a keng wane min oI no secs Ih=n;13lµper hpmr-vothout-health-Care benefits. 2--Effective- le12OWeas%-ere?a ec-houeemukk.log paid strong wage rate of no les pMM911:70 per b- a e it healthnaredeneWsdatteaH32-74-per-hof ora living wagstate-or no less than tided perbosulls eidt-heapseare benefits, 2.—EAeshve r p bait j-20IO-c everc4empleyve-"caw'leer-patch long-wage ram health oulivmgwage tarveru=amass sen514oaperJmac euFhealU care benefits - . .. .. - _ yMMm L�-by„th.,e U,S/1-Bawdmade[laber?a s.ante-tin-apaftisititat-year1 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over 5100,000 whose contractors maintain St or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits far Domestic Partners Ordinance 2005-3494 requires certain contractus doing business with the City of Miami Beady,who are awarded a contract pursuant to competibve proposals,to provide'Equal Benefits-to their employees with domestic pasters, 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 Mani Beads,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach Omits.who ere directly performing wok on the contract within the City of Miami Beach. ,_ N/A _ se.n¢leyeil A. Does your company provide a Mile access to any benefits to employees wit spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same a apposite sex)domestic partners'arto domestic pasters of employees? YES NO C. Please check at benefits that apply to your answers above and list in the'other'section any additional benefits not steady specified.Note:some benedb we Resided to employees because they have a spouse a daneste parte,such as beawmmt leave;other benefits we provided directly to the spouse a domestic paster,such as medical insurance BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Prodde Benefit Spouses Domestc Pules Health Sick Leave Faulk Medial Leave Bereavement Leave ITB 2018037-ND 19 Scanned by CamScanner II RopOser cannot atter a bmoln to domestic ruiner;L, m . .,Iri „ rd r„Td aura are no insurance providers in ymr ovidwring to aria domestic Imre... .......'.. /I -cop r _,,.r r+ d„ph„is”,erxnrdrance To comply on this basis. you must agree In pay n girth id,i r., „ , dpdad.r,dr Idea e.nalde Ib.arurirs Application (attached)with all necessary documentati,n.You Bra uer 1..n.ry„-. n, r. rr-n,mei fin enrradmelrm by the City Manager,or his designee.Approval Is not guaanteet nml the r'uv r r rel I :dd. .rdrld a tri-4 1 other information on the Equal Benefits requirement is available at http,Nnyw_me IcaatR!rot; I o-n/prix n en telatedortinanue.and. procedures/ 10. Public Entity Crimes.Section 297.133(2)(4.Florida Sautes.as ire their-n.vr..d rr 1 arimdM horn time to time,states that a person affiliate who has been placed on the commit ventre list 1011{04119a COON,hoe In a pubic ably come may not submit a a proposal. proposal, or reply on a contract to provide any goods n -tato: to .1 public entity. may not submit a proposal, proposal.or reply on a contract with a public entity for the construction or repair of a politic hulking or public work:may OM submit proposals,proposals,a replies on leases of real property to a public entity.may not he awarded a perform work as a contractor. supplier,subcontractor,or consultant under a contract with any public entity;and may nrA transact business with any public entity in excess of the threshold amount provided in s. 287.017 la CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. .—i.(/� SUBMITTAL REQUIREMENT:No addlional submittal is required.By virtue of executing this affidavit document Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list 11. Non.Discriminalion.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contact 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 Cede,including the blacklisting,divesting from.or otherwise refusing to deal with a person or entity when such action is based on race.oda,national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT:No addtional submittal is required.8y virtue of executing this affidavit document Proposer agrees itis and shall remain in lull compliance with Semon 2-375 of the City of Mami Beach City Code. .—err_. 12. Moratorium on Travel to and the Purchase of Goods or Services from Not Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Mami Beady, Florida, prohibits official City travel to the states of Nath Carolina and Mississippi,as well as the purchase of goods or seMces sourced in North Carolina and Mississippi. Propose shall agree that no travel shall occur co behalf of the City to North Carolina or Mississippi.na shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT:No additional submittal required By virtue of executing this affidavit document Proposer agrees it is and shal remain in bit compliance with Resolution 2016-29375. pk 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 solidlation, unless the proposer certifies in writing that the business has adopted and employs mitten prides, practices,and standards that are consistent with the City's Fait Chance Ordnance,set forth in Article V of Chapter 62 of the City Code(Fair Chance Ordinance"). and which, among other things. (i)prohibits City contractors, as an employer,from inquiring about an applicant's criminal history and the applicant is given a conditional offer of employment (i) prohibits advertising of employment positions with a statement that an indMdual with a airline]record may not appy kr the position,and(i)pratbis plating a statement on an employment appfir:Aon that a person with a criminal record may not apply sou the position. SUBMITTAL REQUIREMENT; No additional submittal is required at this lime. By%Anne of executing this affidavit Propose certftes that it has adapted polities,practices and standards consistent with the City's Far Chance Ordinance. Proposer agrees to provide the City with support 9 daanmentatar evidencing as compliance upon request Proposer fisher agrees that any breach of the representations made heron shall cautihde a material breach of contract and shall entitle the City to the immediate termination for cause of the agreement is addition to any damages that may be available al law and in equity. —ma.. 14. Acknowledgement of Addendum. Mn Mum of solicitation,the City may release one a more addendum to the safdtaton which may praade addbona nktmabon to Proposers a alter solicitation requirements. The City nil strive to reach away Proposer having received solrtltation Brough the City's e-procerement system, PubicPur hasawm.However, Proposers are solely responsible for assuting they have received any and all addendum issued pursuant to soIdtatot This Acknowledgement of Addendum section cerSTies that the Prcposer has received al addenda released by the GH pursuant to this sok/fatal.Failure to obtan and admwiedge receipt of g addenda may result in proposal dsquaification. _ef_ IIB 2018-037-ND 20 Scanned by CamScanner Leal Rea,/ 15I, . ry�Jn.�� Inea ioConfirm '141101.1"5" 1 - 11 Addendum t a n. t Pd1 1 1 m II r Addendum / -ii / Addendum l]_ Mir Addendum 3 ' 1fl „if Addendum 17 VS AddendumA l ' Addendum I! MIME Addendum$ I Admndom RI I_ ' Addandum 15 IfaddGonal confirmation of addendum Is required,submit under ecp.eniu cmeer. (eecekee4 M - ' 9 The remainder of this page was left intentionally blank. • 118 2018-037-ND 21 Scanned by CamScanner DISCLOSUREAN001: frICTSZNAREIIMINIII The scientism referenced herein is being furnished to the redPrmn ler rho 1 or rd Mine,Pon,Ii min'l Ay')nor the rer'pienfs convenience. My action taken by the City in response to Proposals nude pursr'nm h,roc, :..L.nlir rr,nrm n,n trig mix:ward n in failing or refusing to make any award puisuant to such nodosels.M in cancelling.'wards.of r enqu'r:war ri nl nmryline oras scAidlahnn.ostler before or after issuance of an award.shall be without any labrldy or obligation on the pad ut III,'nil In its sole discretion.the City may withdraw the solicitation either before et affix recmvinq purrsals. may accept of reject proposals,and may accept proposals which deviate from the solicitation as it deems eppronriale and in its best interest.In Its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Propncnln Fri response to this solicitation. Following submission of a Bid a Proposal. the applicant agrees to rkaiver such further details. inlormabon and assurances. including financial and disclosure data, reefing to the Proposal and the applicant including, without limitation, the applicant's affiliates. officers. directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposes.It is the responsibility of the redolent 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 sdicitabon. My 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,interpretabons,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 ell be selected for consideration,negotiation,or approval. The City shat have no obligation or liability with respect to this solicitation,the selection and the award process,orwhether any award will be made.My recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disdain,is totally relpng on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.My Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting suth Proposal This solicitation is made subject to correction of errors.onissiens,or withdrawal Iran 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 apptcable definitive agreements pertaining thereto,are approved and executed by the parties,and then ally pursuant to the terms of the definitive agreements executed among the partes.My response to this solotation 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 document shall be subject to disclosure as required by such law. NI Proposals shall be submitted in sealed proposal form and shall remain confidental to the extent permitted by Florida Statutes,until the date and time selected for opening the responses.At that time,al documents received by the City shall became public records. Proposers are expected to make all dsdosures and dedaations as requested in this solotation.By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation It deans anongriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all intonation sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is bue, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out dosis soidtabon,a any response thereto,or any action or inaction by the City with respect thereto,suth liabiiry shall be limited to$10,000.00 as agreediipon and liquidated damages.The previous sentence, however, shall not be construed to dramvent any of the other provisions of this Disclosure and Disclaimer which imposes no liablity on the City In the event of any differences in language between this Disclosure and Disdainer and the balance of the seidtation,it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The satiation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Flonda ITB 2018-037-ND 22 Scanned by CamScanner PROPOSER BEAtIFIQ' d-xy :ec hereby certify that:I, as an authorized agent of the Propine*, nm e.iii ir»iltinqlrn�',had rnn�l orna fs tion n asmy dmimens proposal; Proposer agrees to complete and unconditional nrrgaanr^ indusive of this solicitation,all attachments,exhibits and appemliees and the r.udrm;ul any Addande released hereto. and the Disclosure and Disclaimer Statement. Proposer agrees to be Lound to:my and all specifications, terms and conditions contained in the solicitation,and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disquatificaliar of proposal submitted.Proposer has not divulged, discussed,a compared the proposal with other Proposers aid has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws;all responses,data and information contained in this proposal, inclusive of the Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Nave of Proposes$Adionzed Representative: rhe of Proposers at zed Reptesentabve. Sgnatne APrupmcs Autmzef ReyresmiaWe. Dare. 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: wary Pudic for the cf My Canmissbn Expires: Iib 2018-037N0 23 Scanned by CamScanner MIAMIBEACH Procurem.mwemm.nt 1755 FbJj,m Avmm, 34 Glom, Mbml EI']ii, AJ,.i „x .,n•,. ,,174•... Jo UI H71 ADDENDUM NO. I INVITATION TO BID NO. 2011-077 NO REMOVABLE PARKING DELINEATORS May 14, 2018 This Addendum to the above-referenced ITB is issued In response to clarifications and revisions issued by the City. The ITB is amended In the following particulars only (deletions are shown by strikethrough and additions are underlined). I. RESPONSES TO QUESTIONS RECEIVED. 01: What is the actual address the goods need to be shipped to in Miami Beach? If you look on page 8(#s 33 and 34)only states delivery and delivery time. Al: Goods will need to be shipped to Parking On-Street, 1833 Bay Road, Miami Beach,FL 33139. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at Rafael Granadotmiam ibeachfl.oev. Procurement Contact: Telephone: Email: Natalia Delgado 305-673-7000, ext. 6263 nalaliadelgado@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITS are requested to complete and return the°Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Si ly, Al •eni$ rocurement Director • I ADDENDUM NO.1 ION TO BI NO.2010-037-NO REMOVABLE PARKING DELINEATORS • Scanned by CamScanner 1-V ES wise T y ISyIekvisc Solutions, Inc. Code of Ethics (TIN OI' \11A11I IIEA('I I urn 2018-037-NI) We confirm that Bytewise Solutions, Inc will adopt and follow the guidelines detailed in the Cite of Miami Beach Code of Ethics ordinance s I , unil j.twa.' 12951 N Okeechobee Road,Unit I,Hialeah Gardens,FL.33018••Tel:(305)362-1566*Fax:(305)362-1576 5 tof 1 Scanned by CamScanner e, Eigte wise 13ylcwisc Solutions, Inc. REFERENCE 1,IST CITY OF MIAMI BEACI1 ITB 2018-037-ND 1. City of Miami Beach. Purchasing Department 2. Miami Parking Authority. Humberto Ecsandon 305373 6789 3. Town of Lauderdale by the Sea Leroy Chasmer LerovC2ilauderdalebvthesea-fl.eov 12951 N Okeechobee Road,Unit I,Hialeah Gardens,FL.33018 ••Tel:(305)362-1566* Fax:(305)362-1576 Page l of I Scanned by CamScanner ;lit/1M 1 5/21/2018 Authorized Distributor Letter To whom it may concern: This letter is to certify that Bytewise Solutions, Inc is an authorized Gorilla Post System distributor and reseller for Pacific Cascade Parking Equipment Corp, Bytewise Solutions is authorized to promote, sell, store, handle and distribute with the direct support and assistance of Pacific Cascade Corp. If you have questions please let me know. Thank you Lyle Sales Executive,Pacific Cascade Corp. Pacific Cascade Corporation 14208 N.W. 3rd. Court,Suite 200,Vancouver, Washington 98685-5759 360-574-9313 Fax 360-574-9325 Scanned by CamScanner ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F t j W I 5 t 1 '_ ti Insurance Requirements ITB 2018-037-ND Removable Parking Delineators PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 3101BO3/ND 35 MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers'Compensation and Employees Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability(occurrence fon),limits of liability S 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-$1,000,000 each occurrence-owned/non-ownedlhired automobiles included. _4. Excess Liability-$ _00 per occurrence to follow the pnmary 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 S_ .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 selfinsured.Any and all claim payments made from selfinsurance are subject to the limits and provisions of Florida Statute 760.28,the Florida Constitution, and any other applicable Statutes. ITB 201 8-037-ND 36