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Certification of Contract with Canseco Electrical Contractors, Inc. 0i/0/ v-30673 MIAMIBEACH CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: Electrical Services Citywide CONTRACT NO.: ITB 2019-011-ND EFFECTIVE DATE(S): This Contract shall remain in effect for a period of two (2) years from date of execution by the Mayor and City Clerk of the City of Miami Beach, and may be extended at the sole discretion of the City, through its City Manager, for three (3) additional (1) year terms. SUPERSEDES: 2014-080 CONTRACTOR(S): Canseco Electrical Contractors, Inc., the fourth lowest bidder, as a tertiary vendor for items 1A-1B-1C. Contractor is not eligible to be part in the pool of prequalified contractors. ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida ("City"), on January 16th, 2019, approving the award of this Contract, and upon execution thereof by the City and Canseco Electrical Contractors, Inc. a Florida Corporation(the "Contractor"). B. EFFECT - This Contract is entered into to provide for Electrical Services Citywide pursuant to City Invitation to Bid No. ITB 2019-011-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 2019-011-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, Adrian Morales /Property Management Director at 305-673-7000 ext. 2932. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F. -ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or ITB-2019-011-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. G. ASSIGNMENT AND PERFORMANCE - Neither this Contract norr 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 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 ina 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 ITB-2019-011-ND Page 2 Page 3 Certification of 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. K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Adrian Morales City of Miami Beach Property Management Department 1833 Bay Road Miami Beach, Florida 33139 Phone:305-673-7000 ext 2932 Email: adrianmorales(a.miamibeachfl.gov • With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Canseco Electrical Contractors, Inc. 7175 SW 43 ST Miami, FL 33155 Attn: Barbara Canseco Office: 786-2552591 E-mail: Barbarac cansecoelectric.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. ITB-2019-011-ND Page 3 Page 4 Certification of 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. 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. INSURANCE & BONDS - This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. ORDER OF PRECEDENCE - 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. PURCHASE ORDER REQUIRED - Contractor shall have no entitlement to perform any services hereunder, or to be compensated for any services, unless set forth in a written Purchase Order. S. ADDITIONAL ITEMS / SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for the additional items. If these quote(s) are determined to be fair and reasonable, then the additional items, will be awarded to the current contract vendor(s) through either a Purchase Order (or Change Order if Purchase Order already exists) or an amendment to the Contract. Additional items with a cumulative value of $50,000 or less may be approved by the City Manager. City Commission approval is required for additional items with a cumulative value greater than $50,000. ITB-2019-011-ND Page 4 Page 5 Certification of Contract T. EXCLUSIVITY AND VOLUME OF WORK- Bidder acknowledges and agrees that this Contract-and the award of any work hereunder, is non-exclusive, and the City may, at its sole and absolute discretion, award similar services or work to other firms under contract with the City (either as a co-primary contractor, or as secondary or tertiary contractors). No Purchase Order shall be issued to Contractor, and no work or Services shall be authorized under this Agreement, except at City's sole discretion. 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 [Remainder of Page Intentionally,Left Blank] ITB-2019-011-ND Page 5 Page 6 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this 5"1' day of LPQ L. , 20 I , by their respective duly authorized representatives. CANSECO ELECTRICAL CONTRACTORS, INC. CITY OF MIAMI BEACH By 4 I , Pre ident/ Signatur- Jimmy . Morales, ity Manager hvtJ a12-P-AM Print Name ATTEST: ATT 7/ Secretary/.? gnature Ra el E. Granado, City Clerk /&cf0-0-1,190-7 c-e.7 AfirS ) Print Name Date V1/0.5 , Date if.............. '• 'v 6 INCORP ORATED: 1.• :=-(fi 14•••••=••• •;\%N; PPROVED AS TO FORM & LANGUAGE & FOR EXECUTION D3--9-i4 City Attorney // r-- Date ITB-2019-011-ND Page 6 Page 6 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this 51' day of I�Pri(L , 20 Ie) , by their respective duly authorized representatives. CANSECO ELECTRICAL CONTRACTORS, INC. CITY OF MIAMI BEACH ByP4 B601 yident/ Signature Jimmy. L. orales, City Manaer Q.km La.ez Print Name ATTEST: ATTEST: Secretary/ Sig ature Rafael E. Granado, City Clerk Print Name Date ate APPROVED AS TO FORM & LANGUAGE cR&XROXErTION City Attorney As r"--- Date ITB-2019-011-ND Page 6 EXHIBIT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM J Coversheet Page 1 of 2 Resolutions-C7 K MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L.Morales,City Manager DATE: January 16,2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORID,ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO INVITATION TO BID (ITB) NO. 2019-011-ND FOR ELECTRICAL SERVICES CITYWIDE,AND APPROVING THE AWARD OF A CONTRACT TO THE FOLLOWING FIRMS: (1) R & D ELECTRIC, INC., THE LOWEST BIDDER, TO SERVE AS THE PRIMARY VENDOR; (2) AGC ELECTRIC, INC., THE SECOND LOWEST BIDDER, TO SERVE AS THE SECONDARY VENDOR; (3) PADRON ELECTRICAL CONTRACTOR, INC., THE THIRD LOWEST BIDDER, TO SERVE AS A TERTIARY VENDOR; (4) CANSECO ELECTRICAL CONTRACTORS, INC., THE FOURTH LOWEST BIDDER, TO SERVE AS A TERTIARY VENDOR;AND(5)ENTERPRISE ELECTRICAL CONTRACTING, INC.,THE FIFTH LOWEST BIDDER,TO SERVE AS A TERTIARY VENDOR; FURTHER, AUTHORIZING THE ADMINISTRATION TO ESTABLISH A POOL OF PREQUALIFIED CONTRACTORS, TO PERMIT THE CITY MANAGER TO AWARD PROJECTS IN THE NOT-TO- EXCEED AMOUNT OF $75,000 TO CONTRACTORS IN THE POOL; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AGREEMENTS WITH EACH OF THE FOREGOING BIDDERS. RECOMMENDATION Adopt the Resolution. ANALYSIS For approximately five years, the City of Miami Beach (the "City") has had an agreement for the provision of various routine electrical services on an"as needed"basis.The current contract expires on February 23,2019. In order to establish a replacement contract, on October 24, 2018, the City issued an Invitation to Bid 2019-011-ND (the "ITB"). The purpose of the ITB is to: 1)establish a contract with qualified electrical contractor(s)to supply all labor, materials,tools,and equipment necessary to provide various routine electrical.services on a time and materials basis; and 2)establish a pool of prequalified contractors that can expedite quotes for other projects for which time and materials costs would not be in the City's best interest. ITB PROCESS The ITB was issued on October 24,2018,with bid opening date of November 26,2018.The Procurement Department issued bid notices to 164 companies utilizing www.publicpurchase.com website. 31 prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of five (5) responses from: AGC Electric, Inc. ("AGC"), Canseco Electrical Contractors, Inc. ("Canseco Electrical"), Enterprise Electrical Contracting, Inc. ("Enterprise"), Padron Electrical Contractor, Inc. ("Padron Electrical"), and R&D Electric, Inc.("R&D).See Attachment A for a tabulation of bids received. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award. In its due diligence, the Procurement Department found that R & D, AGC, Padron Electrical, Canseco Electrical,and Enterprise met the requirements of the ITB,including: 1. Prospective bidder must be State of Florida Certified Electrical Contractor or a Miami Dade County Licensed Master Electrician. R&D,AGC,Padron Electrical,Canseco Electrical,and Enterprise are State of Florida Certified Electrical Contractors. Accordingly, R & D has been deemed the lowest responsive and responsible bidder meeting all terms, conditions, and specifications of the ITB,therefore, is being recommended as the primary vendor;AGC the second lowest responsive,responsible bidder as the secondary vendor; Padron Electrical the third lowest responsive, responsible bidder as the tertiary vendor; Canseco Electrical the fourth lowest responsive, responsible bidder as the quaternary vendor; and Enterprise the fifth lowest responsive, responsible bidder as the quinary vendor. For the prequalification pool portion of the ITB,the bids received from R&D,AGC, Padron Electrical,and Enterprise indicated that they wish to be prequalified to participate in future pricing competition on an as needed basis.All four firms have been deemed to be qualified per the ITB requirements.'Canseco did not select to be prequalified.When the Administration, in lieu of time and materials orders, believes it is in the City's best interest to request quotes from the prequalified pool of contractors for larger, complex or other planned projects, the requesting department shall invite the four(4) prequalified contractors and request pricing for each project.It is recommended that the City Manager, in order to expedite these projects,be authorized to award to the lowest responsive contractor for projects with a project amount not to exceed$75,000,pursuant to Florida State Statute Section 255.20. The following-is a brief summary of each firm based on the information contained in each proposal. R&D Electric,Inc. For over twelve years, R & D Electric, Inc. has been part of the constant growth and improvement of South Florida by serving various cities,municipalities, highway authorities and agencies in street lighting,traffic signalization and utility work. R&D Electric, • https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=11160&Me... 1/10/2019 Coversheet Page 2 of 2 Inc.,since 2014,provides routine electrical services to the City,including emergency repairs and planned repairs or small projects. To date the City is satisfied with the service being provided. AGC Electric,Inc. For over sixteen years,AGC Electric, Inc., located in Hialeah, Florida, has provided electrical services to various companies in the private and public sector. AGC Electric, Inc., since 2014, provides routine electrical services to the City, including emergency repairs and planned repairs or small projects.To date the City is satisfied with the service being provided. Padron Electrical Contractor,Inc. Padron Electrical Contractor, Inc. is a local business located in Miami, Florida that has been registered in the State of Florida as a profit corporation since July 2016. The firm provides various electrical services to commercial, residential, and industrial entities. References indicate satisfaction with the services provided. Canseco Electrical Contractors,Inc. Canseco Electrical Contractors, Inc.is a local business located in Miami, Florida that has been registered in the State of Florida as a profit corporation since April 2002.The firm provides various electrical services to residential and industrial entities. References indicate satisfaction with the services provided. Enterprise Electrical Contracting,Inc. Enterprise Electrical Contracting, Inc.'is a privately owned, fast growing, full service electrical contracting company licensed to operate in Florida, Miami-Dade County, Broward County and their municipalities. Enterprise Electrical Contracting, Inc., since 2014, inspects and maintains parking lot lights at the various City-owned surface parking lots.References indicate satisfaction with the services provided. CONCLUSION After considering staffs recommendation and the bids received,pursuant to Invitation to Bid(ITB)2019-011-ND, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the Resolution of the Mayor and City Commission of the City of Miami Beach, Florida accepting the recommendation of the City Manager, pursuant to Invitation to Bid (ITB) no. 2019- 011-ND for electrical services citywide,and approving the award of a contract to(1)R&D Electric, Inc.,the lowest bidder,to serve as the primary vendor; (2)AGC Electric, Inc., the second lowest bidder, to serve as the secondary vendor; (3) Padron Electrical Contractor, Inc., the third lowest bidder, to serve as a tertiary vendor; (4) Canseco Electrical Contractors, Inc., the fourth lowest bidder, to serve as a tertiary vendor; and (5) Enterprise Electrical Contracting, Inc., the fifth lowest bidder, to serve as a tertiary vendor;further,authorizing the administration to establish a pool of prequalified contractors with R&D Electric, Inc.,AGC Electric, Inc., Padron Electrical Contractor, Inc., and Enterprise Electrical Contracting, Inc., authorizing the City Manager to award projects in the not-to-exceed amount of$75,000 to contractors in the pool; and further authorizing the City Manager and City Clerk to execute agreements with each of the foregoing proposers. KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure With Full Accountability FINANCIAL INFORMATION The cost associated with electrical services citywide is subject to the funds availability approved through the City's budgeting process. Legislative Tracking Property Management/Procurement ATTACHMENTS: Description 0 Attachment A o Resolution • https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=11160&Me... 1/1 0/20 19 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO INVITATION TO BID (ITB) NO. 2019- 011-ND FOR ELECTRICAL SERVICES CITYWIDE, AND APPROVING THE AWARD OF A CONTRACT TO THE FOLLOWING FIRMS: (1) R & D ELECTRIC, INC., THE LOWEST BIDDER, TO SERVE AS THE PRIMARY VENDOR; (2) AGC ELECTRIC, INC., THE SECOND LOWEST BIDDER, TO SERVE AS THE SECONDARY VENDOR; (3) PADRON ELECTRICAL CONTRACTOR, INC., THE THIRD LOWEST BIDDER, TO SERVE AS A TERTIARY VENDOR; (4) CANSECO ELECTRICAL CONTRACTORS, INC., THE FOURTH LOWEST BIDDER, TO SERVE AS A TERTIARY VENDOR; AND (5) ENTERPRISE ELECTRICAL CONTRACTING, INC., THE FIFTH LOWEST BIDDER, TO SERVE AS A TERTIARY VENDOR; FURTHER, AUTHORIZING THE ADMINISTRATION TO ESTABLISH A POOL OF PREQUALIFIED CONTRACTORS, TO,PERMIT THE CITY MANAGER TO AWARD PROJECTS IN THE NOT-TO-EXCEED AMOUNT OF $75,000 TO CONTRACTORS IN THE POOL;AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AGREEMENTS WITH EACH OF THE FOREGOING BIDDERS. WHEREAS, on October 24, 2018, the City issued Invitation to Bid (ITB)2019-011-ND, to establish contracts to supply all labor, materials, tools, and equipment necessary to provide various routine electrical services on an as needed basis, and to establish a pool of prequalified contractors for the award of future projects in the amount not-to-exceed $75,000; and WHEREAS, on November 26, 2018, the City received five (5) bids from AGC Electric, Inc. ("AGC"), Canseco Electrical Contractors, Inc. (°Canseco Electrical"), Enterprise Electrical Contracting, Inc. ("Enterprise"), Padron Electrical Contractor, Inc. (°Padron Electrical"), and R & D Electric, Inc. ("R& D); and WHEREAS, the ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB would be recommended for award; and WHEREAS, in its due diligence, the Procurement Department determined that R & D, AGC, Padron Electrical, Canseco Electrical, and Enterprise met the requirements of the ITB, including the minimum requirement that the bidder be a State of Florida Certified Electrical Contractor or a Miami Dade County Licensed Master Electrician; and WHEREAS, the Administration recommends that the City Commission award the ITB, as follows: (1) R & D, the lowest responsive and responsible bidder, as the primary vendor; (2) AGC, the second lowest responsive, responsible bidder, as the secondary vendor; (3) Padron Electrical, the third lowest responsive, responsible bidder, as 'a tertiary vendor; (4) Cariseco Electrical, the fourth lowest responsive, responsible bidder, as a tertiary vendor; and (5) Enterprise, the fifth lowest responsive, responsible bidder, as a tertiary vendor; and WHEREAS, the ITB allowed for the establishment of a prequalified pool of contractors; and WHEREAS, R & D, AGC, Padron Electrical, and Enterprise submitted a bid to be considered as prequalified contractors for large or other planned projects and have all been deemed to be qualified per the requirements of the ITB; and WHEREAS, when the City wishes to request quotes from the prequalified pool of contractors for projects with a not-to-exceed amount of $75,000, the requesting department shall invite the four(4) prequalified contractors to submit pricing for each project; and WHEREAS, to expedite these projects, the Administration recommends that the City Manager be authorized to award projects from the pool of prequalified contractors, for projects with a not to exceed amount of $75,000 each, pursuant to Section 255.20 of the Florida Statutes. NOW, THEREFORE, BE IT DULY RESOLVED BY _ THE MAYOR AND CITY • COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the recommendation of the City Manager, pursuant to Invitation. to Bid (ITB) 2019-011-ND for Electrical Services Citywide, and approve the award of a contract to the following firms:.(1) R& • D Electric, Inc., the. lowest bidder, as the primary vendor; (2) AGC Electric; Inc., the second lowest bidder, as the secondary vendor; (3) Padron Electrical Contractor, Inc., the third lowest bidder, as a tertiary vendor; (4) Canseco.Electrical Contractors, Inc., the fourth lowest bidder, as a tertiary vendor; and Enterprise Electrical 'Contracting, Inc., the fifth lowest bidder, as a tertiary vendor; further, authorize the Administration to establish a pool of prequalified contractors, to • permit the City Manager to award projects in the not-to-exceed amount of $75,000 to contractors in the pool; and further authorize the City Manager and City Clerk to execute agreements with each of the foregoing bidders. PASSED AND ADOPTED this day of 2018. Dan Gelber, Mayor ATTEST: Rafael E. Granado, City Clerk APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION iL-• g CityAtto ay (e,qc Date • 3 ATTACHMENT A ITB 2019-011-ND Enterprise Electrical Contracting, R&D Electric,Inc.' Canseco Electrical Contractors,Inc." AGC Electric,Inc.'" Padron Electrical Contractor,Inc.'" _ Inc.'" Total Total - Total Total Total Item Description Quantity U/M Unit Cost (Quantity_X_Unit_Cost) Unit Cost (Quantity_X_Unit_Cost) Unit Cost (Quantity_X_Unit_Cost) Unit Cost (Quantity_X_Unit_Cost) Unit Cost (Quantity_X_Unit_Cost) EQUIPMENT,PARTS AND SERVICE lA!Hourly Rate-Regular 1600 (Hourly Rate $45.00 $72,000.00 $75.00 $120,000.00 $50.00 $80,000.00 $55.00 $88,000.00 $65.00 $104,000.00 18 Hourly Rate-Non Regular 400 Hourly Rate $60.00 $24,000.00 $112.50 $45,000.00 $72.50 $29,000.00 $82.50 $33,000.00 $95.00 $38,000.00 SUB-TOTAL-LABOR(1A-1B) $96,000.00 $165,000.00 $109,000.00 $121,000.00 $142,000.00 Estimated Annual Gross Net Cost Total Cost Total Cost Total Cost Total Cost Costs(Dealer Invoice (Dealer Invoice (Estimated Annual (Estimated Annual %Mark- (Estimated Annual %Mark- (Estimated Annual Item Description Cost) %Mark-up Cost_X_%Mark-up) %Mark-up Cost_X_%Mark-up) %Mark-up Cost_X_%Mark-up) up Cost_X_%Mark-up) up Cost_X_%Mark-up) Administrative Mark-up 1C for Parts and Supplies $35,000 10% $3,500.00 15% $5,250.00 10% $3,500.00 10% $3,500.00 15% $40,250.00 SUB-TOTAL-PARTS&EQUIPMENT(Item 1C) $3,500.00 $5,250.00 $3,500.00 $3,500.00 $40,250.00 GRAND TOTAL(ITEMS 1A-1C) $99,500.00 $170,250.00 $112,500.00 $124,500.00 $182,250.00 'Recommended Primary 'Recommended Secondary - 3 Recommended Tertiary �- °Recommended Quaternary 'Recommended Quinary `Prequalification Pool EXHIBIT B INVITATION TO BID (ITB) 2019-011-ND AND ADDENDUMS MIAMI BEACH INVITATION TO BID ( ITB ELECTRICAL SERVICES CITYWIDE 2019-011-ND J BID ISSUANCE DATE: OCTOBER 24, 2018 BID DUE: NOVEMBER 26, 2018 @ 3:00 PM ISSUED BY: MIAMI BEACH NATALIA DELGADO, PROCUREMENT CONTRACTING OFFICER I PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3`d Floor, Miami Beach, FL 33139 305.673.7000 x62631 nataliadelgado@miamibeachfl.gov I www.miamibeachfl.gov MIAMI 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 APPENDIX F INSURANCE REQUIREMENTS ITB 2019-011-ND 2 MIAMI 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 (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB. by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. For approximately five years, the City of Miami Beach (the "City") has had an agreement for the provision of various routine electrical services on an "as needed" basis. The current contract expires on February 23, 2019. In order to consider a replacement contract, the City is seeking bids from qualified electrical contractor(s)to: 1) provide the City with various routine electrical services on an "as needed" basis; or 2) participate in a pool of prequalified contractors for large or other planned projects. The requirements and specifications are further detailed herein and more specifically in Appendix C. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued October 24, 2018 Pre-Bid Meeting November 5, 2018 @ 2:00 PM ET Deadline for Receipt of Questions November 15, 2018 @ 5:00 PM ET Responses Due November 26, 2018 @ 3:00 PM ET Tentative Commission Approval Authorizing Award TBD 4. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Natalia Delgado 305-673-7000 x6263 nataliadelgado@miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado(a@miamibeachfl.gov; or via facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All. responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. ITB 2019-011-ND 3 MIAMI 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@miamibeachfl.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://www.miamibeachfl.gov/city- hall/Drocurement/procurement-related-ord i nance-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 ITB 2019-011-ND 4 MIAMI 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, identifyyother 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 2019-011-ND 5 MIAMI 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 Manager's recommendation(s)and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified,without delay or interference. • The character, integrity, reputation,judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 15. MULTIPLE AWARD. The City may award two or more vendors (primary, secondary, tertiary, or higher), as available, by line item, by group or in its entirety, beginning with lowest, responsive, responsible bidder (primary), followed by the second lowest, responsive, responsible bidder (secondary), and continuing with other responsive, responsible bidders in order of next best cost. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 16. BINDING CONTRACT.The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission, or as delegated by the City Commission. Said award shall constitute a binding Contract between the City and the awarded bidder(s). In case of default on the part of the successful bidder, after said award, the City may take such action as it deems appropriate, including legal action, for damages or specific performance. 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 ITB 2019-011-ND 6 MIAMI BEACH City Commission. 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement.of goods, services, items, equipment, materials, and/or supplies. 21.AMERICAN WITH DISABILITIES ACT.To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request.TTY users may also call 711 (Florida Relay Service). 22. NON-DISCRIMINATION.The 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, forthe 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 violatedby 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. ITB 2019-011-ND 7 MIAMI BEACH 28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least seven (7)calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s)from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in Appendix A, No. 14 Acknowledgement of Addendum. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Procurement Department, 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 with a copy to the City Clerk. 30. COLLUSION.Where two (2)or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a 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. ITB 2019-011-ND 8 MIAMI BEACH 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges(For example, 12-14 days)will be accepted. 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged,in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to.provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment; and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this 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 manufacturer's name and number if bidding other than the specified ITB 2019-011-ND 9 MIAMI BEACH; brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s)offered conform with or exceed quality as listed in the specifications. 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 part of this solicitation that before, during, and after,a public emergency, disaster, hurricane, tornado, flood, or otheracts 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 disclosedexcept 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 ITB 2019-011-ND 10 MIAMI BEACH; 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. 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 ITB 2019-011-ND 11 MIAMI BEACH agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 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 bidder's 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 ih 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 ITB 2019-011-ND 12 MIAMI BEACH Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts.will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 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 bidder's expense. • 67.TAXES.The City of Miami Beach isexempt 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 performedby giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. ITB 2019-011-ND 13 MIAMI BEACH In that event, the City shall compensate the successful bidder in accordance with the term of the contract for_allwork and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable"cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 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 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(sy.for the additional items. If these quote(s) are determined to be fair and reasonable, then the additional items.will be awarded to the current contract vendor(s) through either a Purchase Order(or Change Order if Purchase Order already exists) or an amendment to the Contract.Additional items with a cumulative value of$50,000 or.less may be approved by the City Manager. City Commission approval is required for additional items with a cumulative value greater than $50,000. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. ITB 2019-011-ND 14 MIAMI 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) 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. 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) business days upon request from the City, or the bid may be deemed non- responsive. Non-responsive bid packages will receive no further consideration. 3. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2019-011-ND 15 APPENDIX A AA I AM I BEACH, Proposal Certification , Questionnaire & Requirements Affidavit ITB 2019-011 -ND Electrical Services Citywide PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-011-ND 16 Solicitation No: Solicitation Title: 2019-011-ND Electrical Services Citywide Procurement Contact: / Tel: Email: Natalia Delgado 305-673-7000 x6263 nataliadelgado@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: NO.OF YEARS IN BUSINESS: NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: • STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information,applicable licensure, resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. ITB 2019-011—ND 17 1. Veteran Owned Business.Is Proposer claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at: - httpsJlsupplierportal.dnb.comlwebapplwcs!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 work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 5. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by an public sector agency? YES I NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Department with its proposal/response or within five(5)days upon receipt of request.The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 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 http://www.miamibeachfl.govlcity-hall/procurement/procurement-related-ordinance-and-procedures/. ITB 2019-011—ND 18 8. Living Wage. Pursuant to Section 2-408 of the City of Miami Beach Code, as same may be amended from time to time, covered employees shall be paid the required living wage rates listed below: 1. Effective January 1, 2018, covered employees must be paid a living wage rate of no less than $11.62 per hour with health care benefits of at least$2.26 per hour, or a living wage rate of no less than$13.88 per hour without health care benefits. 2. Effective January 1, 2019, covered employees must be paid a living wage rate of no less than $11.70 per hour with health care benefits of at least$2.74 per hour,or a living wage rate of no less than$14.44 per hour without health care benefits. 3. Effective January 1, 2020, covered employees must be paid a living wage rate of no less than $11.78 per hour with health care benefits of at least$3.22 per hour, or a living wage rate of no less than$15.00 per hour without health care benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers(CPI-U)Miami/Ft. Lauderdale,issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,by resolution,elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same(in a particular year). Proposers'failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at http://www.miamibeachfl.gov/city-hall/orocurement/procurement-related-ordinance-and-procedures/. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. Any payroll request made by the City during the contract term shall be completed electronically via the City's electronic compliance portal,LCP Tracker(LCPTracker.net). 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 pr to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note:some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave _ Family Medical Leave • __ _ Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee.Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and- procedures/. ITB 2019-011—ND 19 10. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 11. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code,including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color, national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees • it is and shall remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract 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. 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. ITB 2019-011—ND 20 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award,or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, thy applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses.The solicitation is.being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall-be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses.At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ITB 2019-011—ND 21 J PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by , the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of ) 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: ITB 2019-011—ND 22 APPENDIX B M I A MI B E AC H " No Bid " Form 'ITB 2019-01 1 -ND Electrical Services Citywide 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 torespond, 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,"Statenent of No Bid" may result in not being notified of future solicitations by the City. ITB 2019-011-ND 23 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: _Workload does not allow us to submit a 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#2019-011-ND 1755 MERIDIAN AVENUE, 3RD FLOOR MIAMI BEACH, FL 33139 ITB 2019-011-ND 24 APPENDIX C MIAMIBEACH Minimum Requiremént.s & Specifications - ITB 2019-011 -N D .. Electrical Services Citywide PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-011-ND - 25 C1. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposers that fail to comply with the minimum requirements shall be deemed non-responsive and shall not have its bid considered. 1. Prospective bidder must be State of Florida Certified Electrical Contractor or a Miami Dade County Licensed Master Electrician. C2.Scope of Work Required. The Contractor shall provide on-site electrical services for various City-owned or occupied locations on an as needed basis. Work may be performed on the exterior or interior of buildings. The Contractor shall: • Provide all personnel, equipment, tools, materials, supervision, labor, transportation, storage, and incidentals necessary to perform maintenance, repair, renovations, installation or alteration of electrical systems including power, lighting, electrical related fixtures and any other components per drawings and specifications which will be provided by an authorized City representative; • Perform services as authorized by a City representative; • Notify the authorized 'City' representative if during the course of work the Contractor experiences a conflict with the plans/scope of work or the National Electrical Code (NEC), before proceeding with said work; s • Be available for any and all electrical work required by the City; and • Have an organization proficient in carrying out multiple projects simultaneously for emergency and non-emergency calls. C3.Specifications 1.1 Workmanship. Only the highest quality of work shall be performed and all materials furnished in carrying out this agreement shall be new and of the character and quality required by the project specifications. Where no standard is specified, for work or materials, they shall be the best of their respective trade and compliant with all applicable code requirements. The Contractor shall: • At the conclusion of the project, demonstrate to the authorized City representative that the work is fully operational and in compliance with contract specifications and codes. When notified to do so by the authorized City representative any unsatisfactory work done or materials furnished, at whatever time they may be discovered, shall be promptly and permanently corrected at the sole expense of the Contractor prior to final acceptance of work; • At all times keep the adjacent areas of the work site free from rubbish and the accumulation of any waste materials. It is the Contractor's responsibility to properly dispose of all rubbish and waste materials according to applicable federal, state, and local health, safety, and environmental laws,ordinances, rules and regulations. 1.2 Workforce. Contractor and all employees shall perform the services in a timely, professional and efficient manner. The City reserves the right to remove any employee from City property for violation of federal, state, and local health, safety and environmental laws, ordinances, rules and regulations. ITB 2019-011-ND 26 The Contractor shall: • Assign to the City only courteous, neat, orderly, competent and licensed/certified (as required) workers, skilled in the performance of the services which they shall perform under the Agreement; • Require all employees to wear City issued badges in a visible manner at all times while on City property. The authorized City representative shall provide site access to the Contractor and all required personnel. 1.3 Designated Personnel. In order to maintain consistent standards of quality work performed across the City, the Contractor shall identify and designate a crew leader, crew, and point of contact for City projects. Contractor shall provide to the authorized City representative a personnel list of the designated crew leader/supervisor and crew before work commences. Said contact person, crew leader/supervisor, shall remain the same throughout the term of the contract. A change in the personnel list shall be notified to the authorized City representative. Substitutions of key personnel shall not be permitted without written approval of the authorized City representative. 1.4 Safety Measures. Contractor shall take all necessary precautions and shall erect and properly maintain at all times all necessary safeguards for the protection of its employees and the public., Danger signs warning against hazards created by his/her operation and work in progress must be posted. All employees of Contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Contractor shall use only equipment that is fully operational and in safe operating order. Contractor shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 1.5 Differing Site Conditions. The Contractor shall promptly, before such conditions are disturbed, notify the authorized City representative in writing of; (1) latent physical conditions at this site differing materially from those indicated in the request for quote and/or drawing, or (2) physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as occurring in work of the character provided for in the request for quote or this Contract, but unknown to the Contractor until encountered during prosecution of the Work. 1.6 Damages to Public/Private Property. The Contractor shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Contractor, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). Building and other damages caused by. Contractor's employees) shall be estimated by an authorized City representative and computed actual costs of repairs shall be deducted from the Contractor's billing(s). ITB 2019-011-ND 27 1.7 Permits. Contractor shall be responsible for attaining permits for any work which requires permits. The City will only reimburse for-initial review and one resubmission. Costs associated with additional re- submissions will not be reimbursed. Contractor-shall not include permit fees on Cost Proposal Form. All licenses required by municipality, governmental agency, or political subdivision shall be obtained by and paid for by the Contractor. Damages, penalties and or fines imposed on.the City or the Contractor for failure to obtain required licenses, permits or fines shall be borne by the Contractor. 1.8 Complete Project Required. These specifications describe the various items or classes of work required, enumerating or defining the extent of same necessary, but failure to list any items or classes under scope of the several sections shall not relieve the Contractor form furnishing, installing or performing such work where required by any part of these specifications, or necessary to the satisfactory completion of the project. 1.9 Work Completion. The City shall be notified by the Contractor upon completion of work. The City shall inspect and approve completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Contractor at no additional charge to the City. ITB 2019-011-ND - 28 APPENDIX D • M I AM 1 B E AC H Special Conditions ITB 2019-011 -ND Electrical Services Citywide PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-011-ND 29 1. TERM OF CONTRACT: This contract shall remain in effect for two (2) 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 three(3), one (1) year periods, on a year-to-year basis. Renewal of,the contract is a City of Miami Beach prerogative, not 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 Bid Form shall remain fixed and firm during the two (2) year term of this contract; provided, however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the ' contractual term. The City is also interested in receiving bids that include flexible pricing terms that provide the City with maximum options and flexibility as regulatory and marketplace changes take place. 2.1 OPTION TO RENEW WITH PRICE ADJUSTMENT: The contract could be extended for an additional three (3), one (1) year terms, on a year to year basis, at the sole discretion of the City Manager. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on Consumer Price Index increase. Change shall not be more than the percentage increase or decrease in the Consumer Price Index CPI-U (all urban areas) computed 60 days prior to the anniversary date of the contract. It is the 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 Contractor's 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. MANDATORY SITE VISIT: An invitation to quote may require a site visit. Failure for a Contractor to attend the site visit will result in the quote not being considered for award. The site visit will be held to discuss the specifications of the quote, present questions to staff, and obtain clarification on the requirements of the quote. ITB 2019-011-ND 30 The quote will state the time and place of the site visit, if applicable. Except in case of emergencies or in time of constraints, the City will use reasonable efforts to schedule the site visit within forty-eight(48) hours from the date of the quote. 4. ROADMAP FOR PROJECTS AWARDED ON A TIME AND MATERIALS BASIS: City departments may request Purchase Orders to be issued to the primary Contractor on a time and materials bases (bid hourly plus discounted parts or materials) for a specific request or for a pre-need encumbrance (blanket order). Pursuant to Section 0200, General Condition.15, entitled Multiple Award, secondary and primary Contractors may also be considered. 4.1 WORK DAY: Regular working hours are from 7:00 a.m. to 6:00 p.m., Monday through Friday (excluding weekends and holidays). Calls outside these hours and days will be considered non regular. 4.2 SCHEDULING/RESPONSE TIME: Response times shall be as follows: 4.2.1 Non-Emergency or-Planned Work. When the Contractor has been notified of work and the work does not require a site visit, the Contractor shall provide a written estimate within twenty-four(24) hours from initial contact by the authorized City representative, unless otherwise specified. If the work requires a site visit, the Contractor shall provide a written estimate within forty-eight (48) hours from initial contact by an authorized City representative, unless otherwise specified. Once the written estimates are reviewed and approved by an authorized City representative, work shall commence within five(5)days. 4.2.2 Emergency Repairs/Service. The Contractor shall maintain a telephone line which is monitored twenty-four (24) hours a, day seven (7) days a week. When-the Contractor is notified of an emergency, the Contractor is expected to secure or fix the problem within a total of six (6) hours, two (2) hours to return the call and four(4) hours to secure or fix the,problem. 4.3 ADMINISTRATIVE MARK-UP FOR PARTS: For parts and materials ordered under this option, Contractors shall provide quotes or invoice, as determined by the authorized City representative, based on the costs of parts and materials plus the agreed to mark-up. In determining cost of materials to which the mark-up may be applied,the contracting officer may: i. require the Contractor to provide the 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. require the Contractor to seek and document competition from its sources for the required parts and materials; or iii. obtain any 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 from an authorized City representative, may be determined in the manner prescribed above. ITB 2019-011-ND 31 4.4 ESTIMATES: The authorized City representative may require the Contractor to provide an estimate prior to the commencement of work. Any actual charges that exceed estimate amount must be pre-approved by the Authorized City representative. 5. ROADMAP FOR PROJECTS AWARDED PURSUANT-TO POOL OF PREQUALIFIED CONTRACTORS: In lieu of a time and materials order, an authorized City representative may request quotes from Contractors authorized to participate in the Pre-Qualified Bidder Pool for large or other planned projects. Responsive, responsible bidders (awarded or not) are eligible to participate in the Pre-Qualified Bidder Pool, at the discretion of the bidder and as indicated on the Cost Proposal Form at the time of submission. When such work assignments are identified, the Contractors may be invited to review the written specifications regarding the work to be accomplished, inspect the work area at the expense of the Contractor, and offer a lump sum quote (unless notified otherwise), that shall include all labor, supervision, materials, equipment, and any other items and/or incidentals identified by the City. The Contractor offering the lowest fixed price for the specific effort shall be awarded that specific work assignment. The award of a specific work assignment to one Contractor does not preclude other pre-qualified Contractors from submitting offers for other work assignments. The cost of any ancillary third-party services that are provided by the Contractor, with prior approval from an authorized City representative, may be determined in the manner prescribed above. Contactors"shall ensure that proper and sufficient staff, equipment, organization,.etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. Bidders past performance with the City, if applicable, may be used in the evaluation process in determining recommendation for award. Each quote prepared by the Contractor shall include an acceptable description of the nature, extent and character of the work required, as well as performance and delivery schedules. In this case, projects will be awarded on a Lump Sum basis. 5.1 For request for quotes with an estimated cost up to the amount specified in City Procedure P016.02, Threshold Category 1 (currently$10,000 or as amended), the Department may select the vendor deemed to be best qualified. 5.2 For request for quotes with an estimated cost between $10,000.01 and $50,000.00, the amount specified in City Procedure P016.02, Threshold Category 2 (or as amended),the Department shall solicit three quotes. The vendor offering the lowest fixed price shall be awarded the request for quote. The City Manager's approval, along with a justification, is required when the vendor offering the lowest cost is not selected. 5.3 For request for quotes exceeding $50,000 or greater, the City Commission's approval is required. City Commission's approval, along with a justification, is also required when the vendor offering the lowest cost is not selected. 5.4 In determining the lowest and best Contractor for the project, in addition to price, ITB 2019-011-ND 32 the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the work. (2) Whether the bidder can perform the work within the time specified, without delay or interference. (3) The quality of performance on previous work. (4) The character, integrity, reputation,judgment, experience and efficiency of the bidder. (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 5.5 Limitation of Project. Pursuant to Florida State Statute Section 255.20, a county, municipality, special district as defined in chapter 189, or other political subdivision of the state seeking electrical work must competitively award to an appropriately licensed contractor each project that is estimated in accordance with generally accepted cost-accounting principles to cost more than $75,000. Projects awarded pursuant to the pool of prequalified contractors shall be limited to this threshold. 6. LIQUIDATED DAMAGES: Failure to respond to a service call within the time specified may result in the Contractor being assessed the additional cost incurred by the City (liquidated damages)for any and all cost associated with the services performed by a secondary vendor. 7. PARTS AND SUPPLIES: The City may provide supplies, materials or parts necessary for the work performed by the Contractor or may require the Contractor to provide said materials in accordance with the pricing established herein. It shall be the responsibility of the Contractor to have all necessary tools, equipment and transportation to perform the work as requested. 8. WARRANTY/GUARANTEE: The Contractor warrants the materials supplied and the work performed under this contract conform to warranty materials provided and work performed for one (1) year from date of completion. For new installations, Contractor shall additionally provide full manufacturer warranty to the City. In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the labor, materials and/or 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 or services 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 correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the Contractor, in writing, that the Contractor may be debarred as a City Contractor and/or subject to contractual default if the correction or replacements are not completed to the satisfaction of the City within ten (10) calendar days of receipt of the notice. If the Contractor fails to satisfy the warranty within the period specified in the notice, the City may (a) place the Contractor in ITB 2019-011-ND 33 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 this work or items, either through a credit memorandum or through invoicing. 9. USE OF PREMISES: The Contractor shall confine his/her equipment, apparatus, the storage of materials, and the operation of his/her workmen to the limits indicated by law, ordinances, permits, or direction of the authorized City representative, and shall not unreasonably encumber the premises with his/her materials. 10. CLEAN-UP: All unusable materials and debris shall be removed from the site at the end of each workday and disposed of in an appropriate manner. Upon final completion, the vendor shall thoroughly clean up all areas, as mutually agreed with the City, where work was performed. 11. BACKGROUND CHECKS: The Contractor shall conduct a full criminal background check at its own expense on each of its employees engaged in providing services under this ITB or any resulting Agreement prior to the commencement off said services. No Contractor employee shall be eligible to perform services, pursuant to this ITB or resulting Agreement, if he or she: (1) has been convicted of or was placed in a pre-trial diversion program for any crime involving dishonesty or breach of trust; embezzlement; drug trafficking; forgery; burglary; robbery; theft; perjury; possession of stolen property; identity theft; fraud; money laundering; shoplifting; larceny; falsification of documents and/or (2) has been convicted of any sex, weapons, or violent crime including but not limited to homicide; attempted homicide; rape; child molestation; extortion; terrorism or terrorist threats; kidnapping; assault; battery; and illegal weapon possession, sale or use. The contractor shall defend, indemnify and hold the City, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable,attorneys' fees) or claims for injury or damages arising out of its failure to comply with this requirement. 12. METHOD OF PAYMENT: The City shall provide periodic payments for services rendered by the Contractor. In order for the City to provide payment, the Contractor shall submit a fully documented invoice within thirty (30) calendar days after the service has been rendered. It shall be understood that such invoices shall not be submitted for payment until such time as the service has been completed and an authorized City representative has reviewed and approved the service. 13. 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. ITB 2019-011-ND 34 APPENDIX E • M I AM I BEAC H Cost • Proposal Form ITB 2019-011 -ND Electrical Services Citywide PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-011-ND 35 APPENDIX E COST PROPOSAL FORM Failure to submit Appendix E,Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the cost proposal form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been 'exercised by the City Manager in advance. The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E)shall be initialed. Estimated Total Item Description Annual Quantity1 U I M Unit Cost (Quantity_X_Unit_Cost) EQUIPMENT,PARTS AND SERVICE Hourly 1A Hourl Rate—Regular 1600 Rate $ $ Hourly 1B Hourl Rate—Non Re•ular 400 Rate $ $ SUB-TOTAL—LABOR(1A+1B) $ Estimated Annual Gross %Mark—up Net Cost Costs(Dealer Invoice (See Appendix D (Dealer Invoice Cost_X_% Item Description Cost) Section 4.3) Mark-up) Administrative Mark-up for Parts and 1C Supplies $35,000 % $ SUB-TOTAL—PARTS&EQUIPMENT(Item 1C) $ GRAND TOTAL(ITEMS 1A-1C) $ Participate in Prequalified Poolz: Yes / No 1The estimated amounts stated herein are for calculation purposes only.Actual amounts may be greater or less than the estimated amounts. 2 See Special Condition 5. Bidders may elect to submit a bid for 1)Projects awarded on a time and material basis(hourly rate plus supplies& materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 5. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2019-011—ND 36 APPENDIX F AA BEAc H Insurance Requirements ITB 2019-011 -ND Electrical Services Citywide PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-011-ND 37 Solicitation No: Solicitation Title: 2019-011-ND Electrical Services Citywide Procurement Contact: Tel: Email: Natalia Delgado 305-673-7000 x6263 nataliadelgado@miamibeachfl.gov PROPOSAL CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: Canseco Electrical Contractors, Inc. NO.OF YEARS IN BUSINESS: 18 NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES: 18 -16 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: n/a FIRM PRIMARY ADDRESS(HEADQUARTERS): 7175 SW 43 St CITY: Miami STATE: Fl ZIP CODE: 33155 TELEPHONE NO.: 305-265-9909 TOLL FREE NO.: n/a FAX NO.: 305-265-9945 FIRM LOCAL ADDRESS: 7175 SW 43 St CITY: Miami STATE: ZIP CODE: Fl 33155 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Barbara Canseco ACCOUNT REP TELEPHONE NO.: 786-255-2591 ACCOUNT REP TOLL FREE NO.: n/a ACCOUNT REP EMAIL: Barbara@cansecoelectric.com FEDERAL TAX IDENTIFICATION NO.: 75-3049378 The City reserves the right to seek additional information from Proposer or other source(s),including but not limited to:any firm or principal information,applicable licensure,resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. ITB 2019-011—ND 17 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES x NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm 'is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at: https:llsupplierportal.dnb.comfwebapplwcslstoreslservlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR.It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800.424.2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun &Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 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 work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 5. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by any public sector agency? YES x 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 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 http:Nwww.miiamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and=procedures!. ITB 2019-011-ND 18 8. Living Wage.Pursuant to Section 2-408 of the City of Miami Beach Code,as same may be amended from time to time,covered employees shall be paid the required living wage rates listed below: 1. Effective January 1, 2018, covered employees must be paid a living wage rate of no less than$11.62 per hour with health care benefits of at least$2.26 per hour,or a living wage rate of no less than$13.88 per hour without health care benefits. 2. Effective January 1, 2019, covered employees must be paid a living wage rate of no less than $11.70 per hour with health care benefits of at least$2.74 per hour,or a living wage rate of no less than$14.44 per hour without health care benefits. 3. Effective January 1, 2020, covered employees must be paid a living wage rate of no less than$11.78 per hour with health care benefits of at least$3.22 per hour,or a living wage rate of no less than$15.00 per hour without health care benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers(CPI-U)Miami/Ft.Lauderdale,issued by the U.S.Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,by resolution,elect not to index the living wage rate in any particular year,if it determines it would not be fiscally sound to implement same(in,a particular year). Proposers'failure to comply with this provision shall be deemed a material breach under this proposal,under which the City may, at its sole option,immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines,as provided in the City's Living Wage Ordinance,as amended. Further information on the Living Wage requirement is available at http:/lwww.miamibeachfl.00v/city-halllprocurementlprocurement-related-ordinance-and-procedures/. SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees to the living wage requirement. Any payroll request made by the City during the contract term shall be completed electronically via the City's electronic compliance portal,LCP Tracker(LCPTracker.net). 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? x 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? x 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 x x Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager,or his designee.Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at http:llwww.miamibeachtl.govkity-halllprocurementlprocurement-related-ordinance-and- procedures/. ITB2019-011—ND ..�...._..�..d...._...a.n .�.._....�-�._..,.e...�,., W- _..,,.,. �...... ..� ..__��.. 19 10. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a coptract 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. 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. ITB 2019-011—ND 20— — iDISCL'OSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the"City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Proposals,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals,and may accept proposals which deviate from the solicitation,asit deems appropriate and in its best interest.In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. ' Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness.No warranty or representation is made by the City ,-- or 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. 21 'PROP OSER 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 Auth. ed 6presei tative: Tine of Proposers Authorized Representative: Ramon Cay eco Operation Manager Signature 9 Propos- s Apt orized Representative: Date: 11/26/18 State of Florida ) On this :]Cday of t1s,14.1n44:20Apersonally appeared before me faamCin Chetah*, County of Dade ) stated that (s)he is the eraLan Manner of ecansov Etcac-t- rporation, and that the instrument was sie ned in behalf of the said corporation by authority of its board of directors and .ck owledged said instrument to be its voluntary act and deed.Before me:• Notary • S}o. of 5-1c4Aco My Commission Expires: . - q ADAM RIS O CH , NOTARY PUBLIC ' STATE OF FLORIDA �►�,.�r' i Comm#FF931818 .74 E' Expires 1012812019 • ITB 2019-011-ND 22 EXHIBIT D INSURANCE REQUIREMENTS MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. - Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. , Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ • .00 XXX 7. Thirty (30) days written cancellation notice required. .XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim\payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28,the Florida Constitution,and any other applicable Statutes. EXHIBIT C RESPONSE TO THE (ITB 2019-011-ND) Florida Department of State DIVISION OF CORPORATIONS DIYEACAr of .org C VPU ,Arra r,r an official 3fate of Florida tvrLSL . Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by Entity Name FloridaProfit Corporation CANSECO ELECTRICAL CONTRACTORS, INC. Filing Information Document Number P02000045310 FEI/EIN Number 75-3049378 Date Filed 04/25/2002 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 02/16/2012 Event Effective Date NONE Principal Address • 7175 SW 43RD STREET MIAMI, FL 33155 Changed:01/15/2010 Mailing Address 7175 SW 43RD STREET MIAMI, FL 33155 Changed:01/15/2010 Registered Agent Name&Address CANSECO, BARBARA M 7175 SW 43RD STREET MIAMI, FL 33155 Name Changed:01/15/2010 Address Changed: 01/15/2010 Officer/Director Detail Name&Address Title DP CANSECO, BARBARA M 7175 SW 43RD STREET MIAMI, FL 33155 Title DV CANSECO, RAMON V • 7175 SW 43RD STREET MIAMI, FL 33155 • Title CEO CANSECO, BARBARA M 7175 SW 43RD STREET MIAMI, FL 33155 Annual Reports 1 Report Year Filed Date 2016 01/27/2016 2017 02/22/2017 2018 01/14/2018 Document Images 01/14/2018—ANNUAL REPORT View image in PDF format ' 02/22/2017—ANNUAL REPORT View image in PDF format 01/27/2016—ANNUAL REPORT View image in PDF format 03/10/2015—ANNUAL REPORT View image'in PDF format 02/04/2014—ANNUAL REPORT View image in PDF format 01/28/2013—ANNUAL REPORT View image in PDF format 02/27/2012—ANNUAL REPORT View image in PDF format 02/16/2012—Amendment View image in PDF format 01/17/2011—ANNUAL REPORT View image in PDF format 01/15/2010—ANNUAL REPORT View image in PDF format 01/20/2009—ANNUAL REPORT View image in PDF format 01/07/2008—ANNUAL REPORT View image in PDF format 06/02/2007L ANNUAL REPORT View image in PDF format 03/21/2007—ANNUAL REPORT View image in PDF format 01/11/2006—ANNUAL REPORT View image in PDF format 01/25/2005—ANNUAL REPORT View image in PDF format 02/20/2004—ANNUAL REPORT View image in PDF format 08/15/2003—ANNUAL REPORT View image in PDF format 04/25/2002=Domestic Profit View image in PDF format • Florida Department of State,Division of Corporations APPENDIX E to Atol BEAc H Cost Proposal Form ITB 2019-011 -ND Electrical Services Citywide PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-011-ND 35 APPENDIX E . ' COST PROPOSAL FORM Failure to submit Appendix E,Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the cost proposal form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E)shall be initialed. Estimated ! Total Item . Description Annual Quantityt U I M Unit Cost (Quantity_X_Unit_Cost) EQUIPMENT,PARTS AND SERVICE Hourly 1A Hourl Rate—Re s ular 1600 Rate $ 75.00 $ 120,000.00 Hourly 112.50 45,000.00 1B Hourl Rate-Non Regular 400 Ratee $ $ SUB-TOTAL—LABOR(1A+1B) $ 165,000.00 Estimated Annual Gross %Mark—up Net Cost Costs(Dealer Invoice (See Appendix n (Dealer Invoice Cost_X_% Item Description Cost) 1 Section 4.3) Mark-up) Administrative Mark-up for Parts and 1C Sup,lies $35,000 15 % $ 5,250.00 SUB-TOTAL—PARTS&EQUIPMENT(Item 1C) $ 40,250.00 GRAND TOTAL(ITEMS 1A-1C) $ 205,250.00 Participate in Prequalified Poole: Yes I No 1The estimated amounts stated herein are for calculation purposes only.Actual amounts may be greater or less than the estimated amounts. 2 See Special Condition 5.Bidders may elect to submit a bid for 1)Projectsawarded on a time and material basis(hourly rate plus supplies& materials),or 2)participation in the pool of pre-qualified contractors,or 2)for both time and material projects and projects awarded pursuant Special Condition 5. Bidder's Affirmation company: Canseco Electrical Contractors, Inc. Authorized Representative: Ramon Canseco Address: 7175 SW 43rd S.T.Miami, FL 33 5 Telephone: (305)265-9909 Email: ramonjr@cansecoelectric.cs Authorized Representative's Signature: ITB 2019-011—ND 36 APPENDIX A M I A AA I - AC H Proposal Certification , Questionnaire & Requirements Affidavit ITB 2019-011 -ND Electrical Services Citywide PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-011-ND 16 MIAMI BEACH -INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $_1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability . $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2019-011-ND 38